Memorandum of Understanding Between the

Environmental Protection Agency and Nuclear Regulatory Commission

Concerning Clean Air Act Standards for Radionuclide Releases

from Facilities other than Nuclear Power Reactors -. Licensed by NRC or its Agreement States

Subpart I, 40 CFR Part 61

In accordance with Sections 112 (d)(9).and 122 (c)(2) of the Clean Air

Act, as amended in 1990, and in order to minimize regulatory duplication and

conserve resources in the control of radionuclide emissions to air from

facilities other than nuclear power reactors, licensed by the Nuclear

Regulatory Commission (NRC) or its Agreement States under the Atomic Energy

Act of 1954, as amended, NRC and the Environmental Protection Agency (EPA)

agree as follows:

General Goal of Agreement

EPA and NRC are entering into this MOU to ensure that facilities other

than nuclear power reactors, licensed by the NRC, will continue to limit air

emissions of radionuclides to levels that result in protection of the public health with an ample margin of safety. The guiding objective is that the

actions under this MOU provide assurance that public health is being and will

continue to be protected with an ample margin of safety.

NRC will ensure that facilities licensed by Agreement States will also

continue to limit air emissions of radionuclides to levels that result in

protection of the public health with an ample margin of safety. NRC will

accomplish this through its established procedures for continuous oversight of

Agreement States' radiation control programs. Under the Atomic Energy Act, as

amended, NRC'is required to periodically review Agreenient State programs for

adequacy and compatibility with NRC's programs. Routine reviews are complete,

in-dept:. examinations of Agreement State regulatory programs and are conducted

every other calendar year. NRC review visits are usually conducted between

routine reviews and maintain familiarity with the Agreement State program.

Through this established process, NRC can provide adequate assurance that

Agreement State-licensed facilities will continue to provide an ample margin of safety in-protecting the public from air emissions of radionuclides.

NRC Lead Actions

,1. NRC agrees to develop and issue a regulatory guide on designing and

implementing a radiation protection program to ensure that doses

resulting from effluents from licensed facilities will remain as low as

is reasonably achievable (ALARA). The guide will establish a specific

goal of 10 millirem per year total effective dose equivalent to the

maximally exposed individual from radionuclide air emissions from

licensed facilities and operations. The guide will also describe the

types of administrative programs and objectives for environmental
.ft .I-.

radiation protection programs that the NRC staff finds to be acceptable

in satisfying the requirement in 10 CFR 20.1101(b).

The regulatory guide will be published for public comment and will be

revised in response to comments, as appropriate, prior to finalization.

NRC will publish a draft of the regulatory guide in October 1992, and

after public comments have been incorporated, issue a final gi'lde by

April 1993. Once compliance with the revised 10 CFR Part 20 is

mandatory, and the final guide is available, NRC will review licensee

compliance with the revised 10 CFR Part 20 radiation protection program

requirement through license renewals and ongoing inspection efforts. If

any licensee fails to comply with the ALARA requirements of the revised

10 CFR Part 20 and license conditions, NRC will take enforcement action

in accordance with NRC's-Enforcement Policy in Appendix C of

10 CFR Part 2.

2. NRC agrees to develop inspection guidance on ALARA considerations for

effluents and incorporate ALARA considerations in Standard Review Plans.

Thus, license reviewers and inspectors will have comprehensive guidance

-and review criteria for assessments of'ALARA at various licensed

facilities. NRC will develop these documents based on the ALARA

Regulatory Guide, which will be prepared with the benefit of public

comment. NRC intends to complete the inspection guidance and Standard

Review Plan shortly after completing the Regulatory Guide on ALARA for

environmental effluents of radionuclides.

3. Pursuant to NRC's existing oversight authority for Agreement State

programs described in the general goal of this MOU, NRC will work with

Agreement States to adopt and implement regulations compatible with

NRC's regulations in the revised 10 CFR Part 20. These efforts will

include maintenance of effluents, including air emissions, at ALARA

levels.,

4. Five years from the execution of the MOU, NRC will undertake a survey of

a subset of NRC-licensees to verify that the NRC regulatory program is

continuing to provide an ample margin of safety.

EPA Lead Actions

1. By November 15, 1992, EPA will develop and publish in the Federal

Register a Notice of Proposed Rulemaking, pursuant to its authority

under Clean Air Action Section 112(d)(9), to rescind its existing

regulations in 40 CFR Part 61, Subpart I, as applied to licensed

facilities other than nuclear power reactors. This proposal, which will

occur only if the purposes and provisions of this MOU'are proceeding

effectively, requires that the Administrator find that the regulatory

program implemented by NRC will protect public health with an ample

margin of safety. It is expected, subject to public notice and comment,

that the basis for this finding will ultimately be provided through the

final report of EPA's survey of NRC and Agreement State licensees and

through implementation of the commitments of this MOU. Final action on

the rulemaking will be taken as soon as practicable after completion of

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the Notice of Proposed Rulemaking to rescind Subpart I, as described in

this paragraph.

2. In anticipation of issuance of theproposed rescission of 40 CFR Part

61, Subpart I for licensed facilities other than nuclear power reactors,

EPA will propose a rule to further stay the effectiveness of Subpart I

for these facilities during the pendency of the rulemaking on

rescission. The final rule staying the effectiveness of Subpart I will be issued on or before the date EPA proposes rescission and is

contingent.upon the provisions of this MOU proceeding effectively.

Effective Date. Revision, and Termination

This memorandum shall be effective immediately and shall continue in

effect until revised by mutual agreement, unless terminated by any party after

120 days notice in writing.

NUCc.EREGULATORY COMMISSION,

~ert ( M. Bernero, uirecETor

Office of Nuclear Material

Safety and Safeguards

ENVIRONMENTAL PROTECTION AGENCY,

William G senbe'rg, Assistant Administrator

For Air and Radiation

(-5 1992

9//fl 1992

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