DOE GM04-SSAL26037

DOE-NRC -OU

UMTRA Project

MOD: 2 DATE: cI0 n .,

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. DEPARTMENT OF ENERGY

AND

THE U.S. NUCLEAR REGULATORY COMMISSION

I. PARTIES

A. The parties to this Memorandum of Understanding (MOU) are the U.S.

Department of Energy (DOE) and the U. S. Nuclear Regulatory Commission

(NRC).

B. The DOE will administer and execute its responsibilities under this

MOU through its Uranium Mill Tailings Remedial Actions (UMTRA) Project

Office, Albuquerque Operations Office. The NRC will administer and

execute its responsibilities under this MOU through its Office of

Nuclear Material Safety and Safeguards (NMSS) or any other NRC element

designated by NMSS.

II. PURPOSE AND AUTHORITY

Under authority of the Uranium Mill Tailings Radiation Control Act of

1978 (UMTRCA), Public Law 95-604 (42 U.S.C. 7901 et.seq.), as amended,

the DOE and NRC have entered into this MOU in order to provide for an

orderly process for executing their respective statutory

responsibilities under Title I of the UMTRCA. It is contemplated that

such process will minimize or eliminate unnecessary duplication of

effort, will facilitate and expedite reviews and concurrences, and

will promote the accomplishment of the objectives of Title I of the

UMTRCA within the statutorily mandated schedule and within the

constraints imposed by Congressional appropriations.

Ill. BACKGROUND

Title I of the UMTRCA authorizes the DOE to undertake remedial action

at designated inactive uranium processing sites and associated

vicinity properties containing uranium mill tailings and other

residual radioactive materials derived from the operations performed

at inactive processing sites. The purpose of these remedial actions

is to stabilize and control uranium mill tailings and other residual

radioactive materials in a safe and environmentally sound manner.

The selection and performance of remedial actions undertaken by the

DOE pursuant to the UMTRCA are to be with the full participation of

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the affected states and Indian tribes and with the concurrence of the

NRC. Such remedial actions are to be performed in accordance with

s-tandards established by the Environmental Protection Agency (EPA),

40 CFR 192, and consistent with applicable federal and state law.

This MOU delineates the concurrence procedures and areas of

cooperation between the DOE and the NRC in the implementation of Title

I of the UMTRCA. The UMTRA Project originally had a statutorily

imposed completion schedule of seven years from the date of

promulgation of the EPA standards. The EPA standards were promulgated

effective March 7, 1983. Title I of the UMTRCA was amended on

November 5, 1988 to extend the authority of the DOE to perform

remedial action until September 30, 1994, except that the authority of

the DOE to perform groundwater restoration activities is without

limitation.

Within the DOE, program responsibility for carrying out Title I of

UMTRCA is within the Division of Southwestern Area Programs, DOE

Headquarters. Field responsibility has been delegated to the

Albuquerque Operations Office, where the UMTRA Project Office has been

established. Consequently, the DOE will execute its responsibilities

under Title I of the UMTRCA principally through the UMTRA Project

Office. The DOE liaison with the NRC for purposes of implementing

this MOU shall be the Manager, UMTRA Project Office, or such person as

he may delegate.

Within the NRC, the program responsibility for carrying out Title I of

UMTRCA is. within NMSS, NRC Headquarters. The NRC will execute such

responsibilities principally through the Operations Branch (LLOB) in

the Division of Low-Level Waste Management and Decommissioning (LLWM)

or any other NRC element designated by NMSS. The NRC liaison with DOE

for purposes of this MOU shall be the Branch Chief, LLOB, or such

other person as he may delegate.

IV. DEFINITIONS

A. Except as otherwise defined in this Article, the definition of terms

used in this MOU shall be the same as in Title I of the UMTRCA.

B. The following terms shall have the following meanings:

1. "Processing site" means any of the 24 inactive uranium mill

sites: (I) designated by DOE, pursuant to Section 102(a) of the

UMTRCA, for remedial action under the UMTRCA; and (2) listed in

the notice of such designation published in the Federal Register

at 46 FR 60875 (December 4, 1981).

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2. 'Vicinity property" means any real property and improvement

thereon which: (1) is in the vicinity of a processing site or in

the vicinity of the uranium mill currently owned by the Tennessee

Valley Authority (TVA) in Edgemont, South Dakota; (2) is

determined by the DOE, in consultation with affected states or

Indian tribes and the NRC, to be contaminated with residual

radioactive materials derived from a processing site or the TVA

mill in Edgemont, South Dakota; and (3) the DOE has designated

and included such property, pursuant to Section 102(e) of the

UMTRCA, to be within the scope of the UMTRA Project and eligible

for remedial action under the UMTRA Project.

3. "Disposal site" means the site, which may include a processing

site or vicinity property, used for the permanent disposition,

stabilization, and control of residual radioactive materials.

4. "EPA standards" means the standards of general application

promulgated by the EPA at 40 CFR 192, for the protection of the

public health, safety and the environment from radiological and

nonradiological hazards associated with residual radioactive

material. The DOE and NRC recognize that sites where NRC final

concurrence with the DOE selection of remedial action with

respect to groundwater protection designs had been obtained,

prior to the September 1985 court decision remanding the

groundwater portion of the EPA standards, have met the provisions

of UMTRCA, Title I Section ]08(a)(2) & (3). These sites'

remedial actions are not subject to new provisions of the

proposed EPA groundwater standards published in 52 FR 36000 on

September 24, 1987. However, at sites associated with

Canonsburg, PA; Salt Lake City, UT; and Shiprock, NM, the DOE and

NRC interpret the EPA standards to require specific analyses of

and a determination of the need for groundwater protection or

restoration in accordance with Subpart C of the EPA standards,

prior to the September 1985 remand, as stipulated in 48 FR 590 on

January 5, 1983, and to require the implementation of any such

protection or restoration measures so determined to be needed.

For the remaining sites, DOE and NRC agree to use proposed EPA

standards (52 FR 36000,' September 24, 1987) on an interim basis,

and will use the final EPA standards, when promulgated.

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5. "Designation" means the DOE action to formally identify a

processing site or potential vicinity property as eligible for

remedial action by DOE under Title I of the UMTRCA, on the basis

of radiological surveys or assessments of historical data

available.

6. "Inclusion" means the DOE actions of: confirming, on the basis

of detailed surveys, that radiological conditions at a designated

potential vicinity property exceed the concentrations or levels

of contamination set forth in the EPA standards; and formally

including the property within the designation of the processing

site as eligible for remedial action.

7. "Remedial action" means the stabilization and control of,

decontamination and decommissioning of, and cleanup of processing

sites and vicinity properties in accordance with the EPA

standards and consistent with applicable Federal and state law.

8. "Remedial Action Plan" (RAP) means the document, developed by the

DOE in order to obtain from the NRC (and the affected state or

Indian tribe) concurrence with DOE's selection of remedial action

and to document the basis for the DOE's conclusion that the

proposed remedial actions for a processing site or disposal site,

or both, will meet the EPA standards. The RAP includes

comprehensive technical information on the proposed site and

design, adddressing: geologic and geotechnical stability;

surface water hydrology and erosion protection; water resources

protection; radon attenuation and site cleanup; and the

supporting analyses and documentation that demonstrates that the

proposed remedial action complies with the EPA standards.

Wherever possible, the RAP will conform in scope, content and

format with the NRC Staff Technical Position, "Standard Format

And Content For Documentation Of Remedial Action Selection At

Title I Uranium Mill Tailings Sites." Hereafter, this guidance

will be referred to as the NRC SF&C Position.

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9. 'Participating agency" means any state or Indian tribe party to a

cooperative agreement with the DOE under Title I of the UMTRCA.

10. "Cooperative agreement" means a contractual instrument executed by

an affected state or Indian tribe and the DOE for the purpose of

defining the DOE and state/tribe responsibilities in connection

with remedial action, and which contains such terms and conditions

as the DOE deems appropriate and consistent with the purposes of

the UMTRCA.

V. SCOPE OF COORDINATION

A. For the purposes of this MOU, NRC responsibilities

indicated below:

UMTRCA RESPONSIBILITY

I. Designation

UMTRCA

SECTION

102(a)

102(e)

under the UMTRCA are

NRC ROLE

Consultation with

DOE

Designation of processing

sites and potential

vicinity properties and

determination of site

boundaries.

2. Remedial Actions

Selection and performance

of remedial action at

processing, disposal, and

vicinity property sites.

Determination that radioactive materials should be

removed from processing

sites.

Allowing mineral recovery

from residual radioactive

materials.

Determination that remedial

action is completed.

108(a) Concur in DOE

selection and

performance.

Concur in DOE

decision.

104 (b) (I)-

State

105(b) -

Tribe

108(b) Concur in DOE

decision to allow

recovery.

Concur in DOE

determination.

104(f)(1)

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UMTRCA RESPONSIBILITY

UMTRCA

SECTION NRC ROLE

3. Acouisition/DisDosal of Lands

Acquisition/disposal of 104(a),(e)

processing sites.

Designation of DOE 104(b)(2)

controlled or Department

of Interior (DOI)-administered

lands as disposal sites.

4. Lonq-Tcarm Maintenance of Disposal Sites

Concur in DOE

decision to

require s-ate

acquisition or to

allow state sale/

retention or

transfer of the

acquired site.

Concur in DOE

designation.

Long-term maintenance,

monitoring and emergency

measures at disposal sites

in such manner as will

protect the public health,

safety, and the environment.

Sale or lease of subsurface

mineral rights at licensed

disposal sites.

104(f)(2)

105(b)

Issue license.

104(h) Concur, along

with DOE, in DOI

decision to sell

or lease mineral

rights.

Encourage,

together with DOE

and EPA.

5. Public ParticiDation

Public participation in

program, including designation, selection of remedial

action, execution of

cooperative agreements.

111

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UMTRCA

UMTRCA RESPONSIBILITY SECTION NRC ROLE

6. Administrative

Execution of cooperative 103(e)- Concur in each

agreements. 105(a) cooperative

agreement between

DOE and a state

or tribe.

Preparation of annual 114(a) Consultation with

report to Congress. DOE.

Documentation of UMTRA 114(e) NRC action with

Project. DOE.

B. Appendix A, Review and Concurrence Procedures, sets forth the detailed

procedures for DOE and NRC coordination in the implementation of

Title I of the UMTRCA. Appendix A may be amended from time to time by

the parties to acconmmodate the dynamic nature of the UMTRA Project.

The DOE agrees to use its best efforts to provide UMTRA Project

documents of high quality for NRC review, including all pertinent

information or data concerning any DOE-proposed remedial action

design, processing site, disposal site, or vicinity property. DOE

agrees, where possible, considering the point in the remedial action

process, to provide information, data, and analyses consistent with

the scope, content, and format of the NRC SF&C Position.

The DOE prepares and maintains a current detailed project schedule

itemizing key remedial action activities and site-specific

documentation to be submitted from DOE to NRC for the purpose of

review, comment, and/or concurrence. Copies shall be provided to NRC

for information. The NRC agrees to use its best efforts to respond

within the response times for action set forth in Appendix A.

However, if multiple documents are submitted to the NRC concurrently,

response schedules will be modified on the basis of priorities

established by the DOE and discussed on a weekly basis by

telecommunication between DOE and NRC staff.

C. The DOE and NRC agree that the principal focus of NRC coordination and

concurrence under this MOU is to assure compliance with the EPA

standards in the DOE's selection of remedial action among reasonable

remedial action alternatives and implementation of such remedial

action.

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V1 RESOLUTION OF INTERAGENCY CONFLICTS

A.' Any required concurrence of the NRC under this MOU shall be

communicated to the DOE liaison in writing. A decision to withhold

concurrence shall be communicated to the DOE liaison with a written

rationale. Concurrences shall not be unreasonably withheld or

denied. Lack of compliance, or lack of sufficient demonstration of

compliance with the EPA standards shall constitute reasonable grounds

for withholding or denying concurrence in the selection or performance

of remedial action. Informal communication during the review and

concurrence process is to be encouraged, including notification by NRC

to the DOE at the earliest opportunity of issues which may preclude

NRC concurrence, and notification by the DOE to the NRC at the

earliest opportunity of any significant changes to documents under

review by NRC.

B. Any conflict arising under this MOU shall be resolved at the lowest

possible level of agency decision making but shall be referred to

successive levels of agency decision making until resolution is

reached.

VII. EFFECTIVE DATE

This MOU shall take effect upon the latter date of execution by the

DOE and NRC.

III. TERM AND TERMINATION

The term of this MOU shall be from the effective date through the date

the DOE and the NRC mutually agree in writing that the objectives of

the remedial action program have been met and that all activities

under this MOU, or any modification thereto, have been completed.

IX. PROCUREMENT AND FUNDING

Each party shall be responsible for funding its performance under this

MOU. Each party shall procure services, equipment, or supplies under

its own regulations and shall be solely responsible for managing and

directing its contractors' efforts.

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PUBLIC INFORMATION COORDINATION

Consistent with the Freedom of Information Act (FOIA) (5 U.S.C. 552,

as amended), timely release of information to the public regarding the

coordination of UMTRCA activities under this MOU shall be conducted

according to each agency's own rules and regulations, with the

following provision. To the extent permitted by law, the NRC shall

make best efforts not to release to the public information originating

from DOE that the DOE determines to be exempt from disclosure under

Exemption 5 of the FOIA (5 U.S.C. 552 (b)(5)). When transmitting

information to the NRC, the DOE shall indicate in the transmittal

letter whether the information is to be exempt from disclosure under

Exemption 5 of the FOIA. All requests under the FOIA for this exempt

information should be referred to the DOE and the requester so

informed.

XI. APPENDIX

The following appendix is attached to and made a part of this MOU:

Appendix A - Review and Concurrence Procedures.

EXECUTION

The parties have executed this MOU in several counterparts.

XII.

DEPARTMENT OF ENERGY

Roger P. Whitfield

Associate Director

Office of Environmental

Restoration

By:

Date: L

NUCLEAR REGULATORY COMMISSION

Richard L. Bangart, Director

Division of Low-Level Waste

Management and Decommissioning,

NMSS

By: /I6'L

Date:

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APPENDIX A

REVIEW AND CONCURRENCE PROCEDURES

1.0 REVIEW AND CONCURRENCE DOCUMENTS

These procedures set forth coordination responsibilities, including the

preparation and transmittal of documents, the review of such documents,

the preparation of comments, and in some cases an indication of

concurrence or nonconcurrence with such documents. The Document

Coordination Table, below, is intended to be a graphic identification of

the document, the version of the document (e.g., draft, final), the number

of copies to be transmitted, the purpose of the transmittal (i.e., for

information, review and comment, concurrence), the response time, and the

pertinent section of the procedures that provides for NRC-DOE coordination

of the document.

The response times shown are weeks from receipt of the document or from

NRC acceptance of the document if an acceptance review is performed. In

general, these represent reasonable review periods considering normal

operating conditions. If conflicts or submittals of multiple documents

for review occur, schedules will be modified on the basis of priorities

established by the DOE and discussed during weekly telecommunications

between DOE and NRC staff.

DOCUMENT COORDINATION TARLE IF ......... ..... F ...... "f ... ......

*ROCEDURES

SECTION

UMTRAP

DOCUMENT

PURPOSE OF

TRANSMITTAL

RESPONSE # OF

TIME COPIES

3.1.1 Draft EA

Final EA

Draft EIS

Final EIS

Notice of Intent

VP Environmental Report

Information

Information

Review/Comment

Information

Information

Information

N/A

N/A

6 weeks

N/A

N/A

N/A

6

6

9

9

2

2

3.1.2 Draft RAP Informal

Review

At site 9

meeting

scheduled no

sooner than 6

weeks after

NRC receipt.

Preliminary final

RAP

Final RAP

RAP Modification

Review/Comment

Concurrence

Concurrence

8 weeks 9

8 weeks 9

5 weeks 5

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PROCEDURES

SECTION

UMTRAP

DOCUMENT

3.1.3 REA (Normal Cases)

REA (Supp.Stds.,

separate disposal site)

Modification to VPMIM

3.2.1 Modifications to UMTRA

Project QA Plan

Remedial Action

Inspection Plan

NRC In-Process/On-Site

Report Review

3.2.2 Modifications to UMTRA

Project EH&S Plan

Site-Specific EH&S Plan

3.4 Draft Completion Report

- Disposal/Processing Site

Certification Report

- Disposal/Processing Site - Separate VPs

- Normal VPs

PURPOSE OF

TRANSMITTAL

Information

Concurrence

Concurrence

Review/Comment

Concurrence

Identification

of Concerns

Information

Information

Review/Comment

Concurrence

Concurrence

Information

Review/Comment

Concurrence

Concurrence

Information

RESPONSE

N/A

6 weeks

5 weeks

5 weeks

With preliminary

Final and

Final RAP

N/A

N/A

N/A

8 weeks

6 weeks

4 weeks

N/A

Reasonable

Time

# OF

COPIES

5

4

2

2

2

2

6

4

2

1*

3.5

4.2

Remilling Contract 2

4.3

Prior Written Notice of

Pre-RAP Processing

Site Acquisition

or Acquisition of VP

Prior Written Notice of

State Sale/Retention

of Processing Site/VP

Indian Permits/Easements/

Rights of Way

Prior Written Notice

of State Transfer of

Title to Disposal Site

3 weeks I

3 weeks

N/A 2

Concurrence Reasonable 1

Time

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PURPOSE OF

TRANSMITTAL

Review/Comment

b

RESPONSE

TIME

5 weeks

# OF

COPIES

5.2 6

5.3

6.1

6.2

Draft Licensing Support

Documentation (including

Site Surveillance and

Maintenance)

Final Licensing Support

Documentation

Modifications to Guidance

for UMTRA ProjectSurveillance and Maintenance

Draft Cooperative Agreement or Modification

Executed Cooperative

Agreement or

Modification

Annual Report to Congress

License Reasonable

Time

Review/Comment

Review/Comment

Concurrence

Consultation/

Separate Comments

4 weeks

5 weeks

3 weeks

Timely

Response

6

4

2

4

2

Only upon specific NRC request.

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2.0 DESIGNATION

2.1 Processing Sites - The DOE, in consultation with the NRC, has

designated the processing sites included within the UMTRA Project. In

connection with such designation, the DOE assigned to each site a

relative priority for carrying out remedial action at such site. The

priorities are indicated in 46 FR 60875 (December 4, 1981).

2.2 Vicinity Properties - The DOE, with the concurrence of the NRC,

developed a Summary Protocol for the Survey and Inclusion of Vicinity

Properties (Summary Protocol) as guidance for designation and inclusion

of vicinity properties. The DOE will include designated properties

within the scope of the UMTRA Project cleanup effort in accordance with

the Summary Protocol.

3.0 REMEDIAL ACTIONS

3.1 Selection of Remedial Action - The DOE has the primary responsibility

for selecting remedial action under Title I of the UMTRCA. Selection

of remedial action shall be with the concurrence of the NRC and

participating agencies. NRC concurrence shall be effected as provided

herein.

3.1.1 Environmental Documents - The DOE, in selecting remedial

action, will comply with the National Environmental Protection

Act (NEPA), and will prepare environmental documents evaluating

the environmental impacts of the various alternatives for

remedial action for each processing site. The NRC, as a Federal

Agency with relevant expertise, will review draft EIS's in

compliance with guidelines established by the Council on

Environmental Quality (CEQ). Moreover, the NRC will provide

comments, if any, resulting from its review of the NEPA

documentation. Should any aspect of the information presented

by the DOE in its environmental documents affect compliance with

the UMTRCA, Title I and/or the relevant EPA standards, the NRC

will notify the DOE of such a determination and will factor such

information into any concurrence determinations.

The DOE and NRC acknowledge that NEPA compliance for vicinity

properties may be accomplished by the environmental documents

prepared for the associated processing site, in which case the

procedures for review will be those outlined above. Otherwise,

the DOE shall submit the pertinent vicinity property

environmental assessment or report to the NRC for information.

In the event the DOE conducts scoping in connection with

environmental documents, the DOE shall provide NRC with an

opportunity to participate in the scoping process, and shall

provide to the NRC 30-day prior notice of any scoping meeting.

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3.1.2 Remedial Action Plans - The DOE shall prepare and submit for

NRC review, as the basis for concurrence with the selection of

each remedial action, including those for combined sites, a

remedial action plan (RAP). This document will logically lay

out all the information, data, and analyses necessary for the

NRC to conclude that the EPA standards will or will not be

satisfied. Where it is possible, considering the point in the

remedial action process, each site RAP should conform to the NRC

SF&C Position.

The NRC shall perform an informal review of the draft RAP and

provide comments to the DOE either in writing or orally during a

site visit meeting. The site meeting will be scheduled to occur

no sooner than six (6) weeks following NRC receipt of the draft

RAP. The NRC and DOE shall insure that appropriate personnel

attend the site visit/design review meeting so that all NRC

comments on the draft RAP can be discussed. Meeting notes shall

be prepared and representatives of the DOE and NRC shall sign

the meeting notes to acknowledge that the notes accurately

represent what was discussed. The DOE and NRC shall attempt to

reconcile these and other NRC comments in the course of DOE's

preparation of the preliminary final RAP through informal

communication.

The NRC shall review the preliminary final RAP, and will provide

a written response that will highlight any open issues that

remain. Subsequent NRC/DOE efforts to resolve any outstanding

open issues will result in one of the following:

.1 Indication in writing of the NRC's formal concurrence with

the selection of the remedial action, as described in the

final RAP. NRC concurrence is required only for those

aspects which are pertinent to a determination as to

whether the proposed remedial action complies with the EPA

standards and other applicable law, and is consistent with

the purposes of Title I of the UMTRCA.

.2 Indication in writing of the NRC's formal conditional

concurrence with the selection of remedial actions as

described in the final RAP. Along with the signature

pages, the NRC will address these open issues in a written

response that will indicate the basis for withholding full

concurrence with the selection of remedial action. At the

request of the DOE and with reasonable justification by the

DOE, the NRC shall separately advise the DOE of the extent

of any construction activities, which DOE proposes to

pursue in advance of full NRC concurrence, which the DOE

may pursue without prejudice to NRC's conditional

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radioactive materials at the associated processing site in

accordance with Subpart A of the EPA standards; and that such

long-term control will be the same as that presented in the

associated processing site's RAP, with which NRC concurs under

Section 3.1.2 of these procedures. Consequently, the NRC shall

exercise a "separate" concurrence for vicinity properties only in

those cases where the DOE proposes to use the supplemental

standards set forth in Subpart C of the EPA standards; the DOE

proposes to designate, include, or perform remedial action at a

vicinity property or group of vicinity properties after the NRC

has concurred with the DOE's certification of the completion of

remedial action at the disposal site; or the DOE proposes to use

a disposal site other than that used for the disposal of the

residual radioactive materials from the associated UMTRA

processing site. In the case of the Edgemont, South Dakota,

vicinity properties, the NRC has already concurred with the DOE's

use of the disposal site for decommission and decontamination of

the mill site owned by the TVA through its concurrence with DOE

Interagency Agreement No. DE-AI04-84AL27241.

For cases of "separate" NRC concurrence as discussed above, the

DOE shall submit to the NRC for its review and concurrence copies

of an REA for each vicinity property or group of vicinity

properties. The REA shall include a radiological assessment of

the vicinity property, design data for the proposed remedial

action, and where appropriate, the DOE's rationale for

application of supplemental standards. The NRC shall review the

REA and indicate concurrence with the recommended remedial action

or provide comments to the DOE. The DOE and NRC shall attempt to

reconcile any NRC comments prior to DOE initiation of remedial

action at the subject vicinity property or properties.

3.2 Performance of Remedial Actions at Processinq/Disposal Sites

3.2.1 Quality Assurance - Copies of the UMTRA Project Quality

Assurance (QA) Plan have been provided by the DOE to the NRC for

information purposes. DOE shall provide to NRC copies of any

modifications to the UMTRA Project QA Plan for NRC review and

comment.

The DOE shall implement a graded approach to QA during site

remedial action activities as follows:

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.1 DOE shall define quality assurance procedures in a

site-specific Remedial Action Inspection Plan (RAIP), which

will contain, as a minimum, details regarding or provisions

for organizational structure; testing and inspection;

qualifications and certificate of inspection of test

personnel; quality assurance records control; control of

measuring and test equipment; and nonconformance and

corrective action. Although the RAIP is a separate

document, the DOE shall provide to the NRC copies of the

site-specific RAIP when the corresponding preliminary final

and final RAP are submitted to the NRC. The NRC will

review and concur in the RAIP and RAP concurrently.

.2 The DOE shall perform in-process surveillance activities in

order to evaluate quality and compliance of the remedial

actions with relevant design specifications and standards;

assure accurate measurement of appropriate radiological and

physical conditions; and assess completion of remedial

action and readiness of the site for DOE certification.

.3 The DOE will assure that the NRC has a current schedule of

remedial action DOE audits and in-field inspections. The

NRC may accompany the DOE on site reviews of remedial

action activities from time to time for the primary purpose

of assuring that the DOE-prescribed system of quality

assurance is in place and is functioning in a manner that

assures compliance with the RAP and the EPA standards. The

NRC may also conduct periodic construction inspections in

accordance with NRC Manual, Chapter 2620. The NRC shall

provide notification to the DOE UMTRA Project Office at

least 5 days in advance of any routine inspection to enable

a DOE representative to be present. The NRC inspectors

shall be afforded the opportunity for a one-on-one

discussion of site activities and records with site

personnel. The NRC and DOE shall attempt to immediately

resolve any issues arising out of such inspection. The NRC

shall provide two copies of any report resulting from such

inspection to the DOE liaison upon NRC issuance of the

report. The DOE will notify the NRC liaison of analyses

and resolution of issues identified during NRC on-site

reviews.

3.2.2 Environmental Health and Safety - The DOE shall have overall

responsibility for the health and safety of occupational workers

and the general public during remedial actions at UMTRA Project

sites. Copies of the UMTRA Project Environmental Health and

Safety Plan have been provided by the DOE to the NRC. The DOE

shall provide to

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the NRC copies of any modification to the UMTRA Project

Environmental Health and Safety Plan. The DOE-shall cause its

remedial action contractor(s) to prepare, for DOE approval,

detailed and site-specific plans/procedures for implementing the

UMTRA Project Environmental Health and Safety Plan. The DOE

shall provide to the NRC copies of such DOE-approved

plans/procedures for information.

3.3 Performance of Remedial Actions at Vicinity Progertles - The DOE shall

perform on-site remedial action in connection with vicinity properties

in accordance with the VPMIM. NRC concurrence with completion of

remedial actions at vicinity properties shall be as provided for in

Section 3.4 of these procedures.

3.4 Certification - The DOE shall evidence completion of remedial actions

by preparation of a certification report. NRC concurrence with the

certification report shall be considered by the DOE and NRC as

concurrence that remedial actions are completed. The DOE certification

submittal for a disposal and/or processing site is comprised of the

following:

a. A Final Completion Report containing but not limited to an

executive summary; a description of remedial action; a description

of post remedial action conditions; as-built specifications and

drawings; field test reports; and verification measurement results.

b. Final Audit Reports (including reports of in-process surveillances

prepared by the DOE and/its contractors).

c. A DOE Certification Summary signed by the DOE UMTRA Project

Manager.

The DOE shall provide to the NRC, for review and comment, copies of

a draft completion report for a disposal and/or processing site.

Upon reconciliation of any NRC comments, DOE shall submit to the

NRC, for concurrence, a final certification report.

The DOE certification submittal for a vicinity property requiring "separatem NRC concurrence as provided in Section 3.1.3 of these

procedures will consist of a final completion report and a DOE

Certification Summary. The DOE shall provide to NRC, for review

and concurrence, copies of a final certification report. Should

revisions to a "separate" vicinity property final certification

report be required, DOE shall make the appropriate revisions and

resubmit the report to NRC for concurrence.

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Upon NRC request, the DOE shall provide to the NRC information

copies of certification reports for vicinity properties that do not

require "separate" NRC concurrence as provided in Section 3.1.3 of

these procedures.

The Uranium Mill Tailings Remedial Action Amendments Act of 1988

provides for an extension of the DOE's remedial actions under

Title I of UMTRCA. For those cases where long-term groundwater

restoration is necessary, the Amendments Act contemplates a

two-phased remedial action. The first phase culminates in the

NRC's concurrence with the DOE's certification that all design

specifications have been completed, except for groundwater

restoration, in accordance with the RAP or REA previously concurred

with by the NRC. It should be noted that remedial action design

aspects relating to groundwater protection from future

contamination would still need to be addressed in the first phase.

Should the groundwater restoration require additional time beyond

that needed to complete the first phase, the second phase would

continue with no restrictions of the DOE's ability to conduct such

groundwater restoration, and hence no congressionally mandated

completion date. Only groundwater restoration activities relating

to cleanup of existing groundwater contamination would be included

under the second phase remedial period. Upon promulgation of the

final EPA groundwater protection standards, the NRC and DOE will

cooperate to establish the implementation strategy at sites where

the second phase groundwater restoration is necessary. The DOE

would evidence completion of the groundwater restoration phase of

remedial action, separately, but in the same fashion as was done

for the first phase.

3.5 Remilling - Pursuant to Section 108(b) of the UMTRCA, the DOE, with

the concurrence of the NRC, may permit the remilling of residual

radioactive materials at a processing site in conjunction with remedial

action. The DOE shall include any proposed remilling alternative in

the remedial action plan for that site. NRC concurrence with the

remedial action plan shall be considered concurrence with the DOE's

decision to permit remilling, provided that the NRC shall also have the

right to review and comment on any proposed agreement or contract

between the DOE and the person selected to re-mill the residual

radioactive materials that sets forth the terms and conditions of

remilling.

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4.0 ACQUISITION AND DISPOSAL OF LANDS

4.1 RiQht of Entry - The DOE shall assure that the NRC has a permanent

right of entry to inspect processing sites and disposal sites,

including those on Indian lands, in furtherance of the provisions of

Title I of the UMTRCA and to enforce the UMTRCA and any rules

prescribed thereunder. The DOE shall also assure that the NRC has a

right to inspect any vicinity property, including any on Indian lands,

for the same purposes during the course of remedial actions on that

property. Any NRC entry onto a processing site, disposal site, or

vicinity property shall be coordinated in advance by the NRC with the

DOE liaison.

4.2 Acquisition

4.2.1 State Acquisition - The NRC has a responsibility to make a

concurrence decision under UMTRCA regarding DOE decisions to

require state acquisition of processing sites, disposal sites,

and vicinity properties. NRC concurrence with DOE acquisition

decisions normally will be effectuated by its concurrence with

the RAP. In those cases where acquisition will be initiated

prior to DOE submittal of a RAP to the NRC for concurrence, and

in those cases where DOE decides that acquisition of a vicinity

property is appropriate, then DOE shall provide to the NRC

written notice of its decision regarding acquisition and the

rationale therefore, and request NRC concurrence with such

decision.

4.2.2 DOE Acquisition - From time to time the DOE may, pursuant to

Section 106 of the UMTRCA, initiate either of the following

methods of direct Federal acquisition of a processing site,

disposal site, or vicinity property:

.1 Request the Department of Interior to transfer jurisdiction

of public lands to the DOE.

.2 Utilization of the U.S. Army Corps of Engineers (COE) to

acquire real estate by purchase, donation, or condemnation

on behalf of the DOE.

In the event of such direct Federal acquisition, the DOE shall

provide to the NRC information regarding the acquisition in the

appropriate licensing submittal.

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4.3 Sale of Sites - The parties acknowledge that in the case of any

processing site or vicinity property to which DOE or an affected state

acquire title and for which DOE and such state share the costs of

acquisition under a cooperative agreement, the state may sell such site

or property or retain such site or property for permanent use by the

state solely for park, recreational, or other public purposes. The

DOE shall, prior to such sale or retention, provide to the NRC written

notice of the proposed sale or retention and request NRC concurrence

with same.

4.4 Indian Lands - The DOE shall provide to the NRC information copies of

any permit, easement, right-of-entry, or other real estate agreement

authorizing DOE to conduct remedial actions or maintenance, monitoring,

or emergency measures at disposal sites on Indian lands.

4.5 Transfer of Title - The parties acknowledge that title to any disposal

site acquired by a state under a cooperative agreement with the DOE,

and all residual radioactive materials deposited at such disposal site,

must be transferred to the government upon completion of remedial

action. The DOE shall, prior to such transfer of title, provide to the

NRC written notice of the proposed transfer of title requesting NRC

concurrence with same within a reasonable period of time. The NRC

shall respond to the DOE within a reasonable period of time.

4.5.1 Transfer from States - Such transfer is generally executed

following NRC concurrence with the DOE's certification that the

remedial action has been completed. Where convincing

circumstances exist warranting such transfer(s) prior to the

certification concurrence by the NRC, the DOE shall provide

written justification supporting this premature transfer and

explicitly demonstrating that no technical, economic, or

statutory obstacles shall compromise the compliance with EPA

standards or the general provisions of UMTRCA, Title I, as a

result of such early transfer(s).

4.5.2 Sites on Indian Lands - Where sites stabilized on Indian lands

are involved, ownership of the site will remain with that Indian

tribe. In such cases where residual radioactive material is

relocated off Indian lands, early transfer of title at the

disposal site shall be treated as in Section 4.5.1 above.

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5.0 LONG-TERM MAINTENANCE OF DISPOSAL SITES

5.1 General - With the exception of the disposal site for residual

radioactive materials removed from Edgemont, South Dakota, vicinity

properties, which is an NRC-licensed, TVA-owned site, and the disposal

site for residual radioactive materials removed from the Riverton,

Wyoming, processing site, which is an NRC-licensed Title 11 site, the

DOE shall assume custody of each disposal site that has been

transferred to or otherwise acquired by the government. However, for

disposal sites located on Indian lands, the DOE will request, where

necessary, the appropriate Indian tribe(s) to transfer title of the

residual radioactive materials to the Federal government, and withdraw

said Indian Lands from the public entry. The DOE shall also perform

monitoring, maintenance, and emergency measures at each disposal site,

including those disposal sites on Indian lands where approval has been

granted by the Indian tribe(s), necessary to protect public health,

safety, and the environment and such other actions required by a

license to be issued by the NRC, until such time, if ever, as the

President designates another Federal agency to perform such monitoring,

maintenance, and emergency measures.

5.2 License - Pursuant to Sections 104(f)(2) and 105(b) of the UMTRCA, the

NRC shall license the long-term monitoring, maintenance, and

surveillance of a site after NRC concurrence with the DOE's

certification report.

In order to facilitate the title transfer and the licensing process,

the NRC is in the process of rulemaking to address licensing the DOE's

custody of Title I disposal sites after NRC concurrence with DOE

certification of remedial action completion. The regulation pertaining

to this subject will be promulgated in 10 CFR Part 40.

For each site, including disposal sites on Indian lands, the DOE shall

prepare and submit to the NRC six copies of licensing support

documentation (including the site surveillance and maintenance plan)

for long-term maintenance of each disposal site. After NRC review and

concurrence with this licensing support documentation, the NRC shall

issue a license to the DOE or such other Federal agency designated by

the President to maintain the site according to the conditions of the

licensing support documentation as approved by and subsequently amended

by the NRC.

5.3 Surveillance and Maintenance - Guidelines for the surveillance and

maintenance portion of the license application shall be presented in a

document titled "Guidance for UMTRA Project Surveillance and

Maintenance" that describes the monitoring, maintenance, and emergency

measures to be performed by the DOE, or such other Federal agency as

designated by the President, in order to maintain design conditions as

certified.

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5.4 Sale or Lease of Minerals - Pursuant to Section 104(h) of the UMTRCA,

the Secretary of the Interior may dispose of subsurface mineral rights,

by sale or lease, in connection with any disposal site to which the

Government takes title under Section 104(f) of Title I of the UMTRCA.

Such sale or lease is subject to concurrence by the DOE and NRC; and

issuance of a license or license modification by the NRC that shall

govern disturbance and restoration of the disposal site.

6.0 ADMINISTRATION

6.1 Cooperative Agreements

6.1.1 Concurrence - The DOE shall provide to NRC, for review and

comment, copies of a cooperative agreement, in draft form at the

same time such draft or revised draft is provided to

participating agencies. Upon execution of the cooperative

agreement or modification thereof by the affected state or

tribe, the DOE shall transmit the agreement to the NRC for

review and concurrence, provided that modifications that merely

increase the estimated costs of funds obligated in the

cooperative agreement without revision to the RAP shall not

require NRC concurrence.

6.1.2 Administration - The parties contemplate that the DOE and NRC

will interface with other participating agencies in the

performance of this MOU. However, the appropriate DOE

Contracting Officer shall be responsible for the administration

of the cooperative agreements, including sole responsibility on

behalf of the government for the modification thereof or any

change thereto affecting-cost, schedule or performance

thereunder. The Project Manager, UMTRA Project Office, shall be

designated by the DOE as the Contracting Officer's

Representative (COR) for purposes of the administration of

cooperative agreements. The COR shall be responsible for

monitoring the technical compliance of each state or Indian

tribe and managing the performance of the DOE under the

cooperative agreements. Each party shall attempt to keep the

other informed regarding any interface with participating

agencies which affects activities within the scope of this MOU.

6.1.3 Indian Lands following certification - The DOE will request,

where necessary, that the appropriate Indian Tribe(s) enter into

an agreement or modification to the Cooperative Agreement

regarding title to the residual radioactive material; withdrawal

of Indian lands from the public entry on which the disposal site

is located; and monitoring, maintenance, and surveillance of the

disposal site to be performed under license to the NRC following

completion of remedial action, as stipulated in UMTRCA, Title I,

Section 105(a).

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The Cooperative Agreement shall also include the transfer of

responsibilities to any successor agency designated by the

President. The DOE shall include any such agreement or

modification to the Cooperative Agreement in the site surveillance

and maintenance plan.

6.2 Annual Report to Congress

Until January 1, 1986, except as such date is extended by Congress, the

DOE shall prepare an annual report to Congress on the status of the

UMTRA Project as required by Section 114(a) of the UMTRCA. The report

shall be prepared in consultation with the NRC and shall contain any

separate views, comments, or recommendations of the NRC. The NRC shall

provide a timely response to the DOE's request for input to such

report.

6.3 Documentation of UMTRA Project

Pursuant to Section 114(e) of the UMTRCA, the NRC, in cooperation with

the DOE, shall ensure that any relevant information, other than trade

secrets and other proprietary information otherwise exempted from

mandatory disclosure under any other provision of law, obtained from

the conduct of remedial actions is documented systematically, and made

publicly available, conveniently, for use. With regards to normal

vicinity property documentation, the DOE shall be the NRC's agent in

fulfilling requirements of Section 114(e) and shall provide the NRC

with periodic updates of location of document availability.

Furthermore, where documentation was not needed by the NRC for its

evaluations and which, therefore, was not provided to the NRC, the DOE

will act as the NRC's agent in making such documentation conveniently

available for public use, as stipulated in UMTRCA, Title 1, Section

114(e).

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