,P R E C UNITED STATES

" 'NUCLEAR REGULATORY COMMISSION

REGION IV

• URANIUM RECOVERY FIELD OFFICE

BOX ISOM DENVER, COLORADO U025

MAY 51989

URFO:RDS

Docket No. 40-8903

MEMORANDUM FOR: John Greeves, Acting Director, Division of Low Level

Waste and Decommissioning

FROM: A. Bill Beach, Director, Division of Radiation Safety

and Safeguards, Region IV

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH EPA REGION 6, HOMESTAKE

URANIUM MILL

Enclosed is a draft Memorandum of Understanding that has been developed by the

staffs of Region IV, NRC, and Region 6, EPA, dealing with our concurrent

jurisdiction at the Homestake Mining Company's uranium mill near Milan, New

Mexico.

The Homestake mill was placed on the National Priority List by EPA when the

mill was regulated by the State of New Mexico under an agreement with the NRC.

With the return of regulatory authority to the NRC by New Mexico, a situation

of concurrent jurisdiction was created at the Homestake mill and at the

Churchrock mill. On August 26, 1988, Region IV, NRC and Region 6, EPA, signed

a Memorandum of Understanding for the Churchrock facility. This MOU was

developed using the Churchrock MOU as a model and is based on the same premise,

i.e., the.NRC will be responsible for all on-site decommissioning and

reclamation activities in accordance with Appendix A, 10 CFR Part 40. EPA will

be responsible for off-site conformance to CERCLA requirements, in this case,

dealing with elevated radon levels in several homes in the vicinity of the

mill.

We would appreciate it if you would-coordinate Headquarters review of this

proposed MOU. We would expect this review to be much less involved than the

Churchrock MOU, since this MOU is very similar to that at Churchrock and the

precedent for signing such an agreement has been considered and set already.

You will note a number of typing and grammatical errors. It was sent to URFO

in this form by EPA. The noted corrections will be made on the final version

after comments have been resolved.

knfomation In this record was deleted in

accordance with the Freedom of Informa'on Ac

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Upon agreement by Headquarters, we would arrange for a signing by the

respective Regional Administrators at their earliest convenience. It is to

both our advantages to get this agreement in place as soon as possible.

A. Bill Beach, Director

Division of Radiation Safety

and Safeguards

Enclosure: As Stated
EPA MOU

DISTRIBUTION

Docket File No. 40-8903

PDR/DCS

BBeach, RIV

Smith

rown, RIV

RHall, RIV

RDMartin

BGarcia, RCPD, NM

TMorgan, NM

NWeber, NM

LLO Branch, LLWM

URFO r/f

CONCURRENCE:

RDSmith/URFO/db "_

WBrown/RIV

RHall/RIV

WBeach/RIV

RMartin/RIV

DATE:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION VI

1445 ROSS AVENUE, SUITE 1200

DALLAS, TEXAS 75202

Mr. Dale Smith, Director ,>-/L•L- .r

Uranium Recovery Field Office 4 il

U.S. Nuclear Regulatory Commission 'Pe 0a

P.O. Box 25325C

Denver, Colorado '80225 '1" .,,,,,

RE: Homestake Mining Company (HMC) Site k

Dear Mr. Smith:

We were pleased to have the opportunity to meet with Mr. Konwinski of your

staff on March 9, 1989, to discuss the Commission's comments on the draft

Mermorandum of Understanding (MOU) for remedial action at the HMC site.

Enclosed is a revised draft of the MOU. Revisions from the previous draft

are highlighted. With these changes made, it is our desire to schedule a

date for signing of the MOU by respective Regional Administrators. Please

call me or have your staff coordinate with William Rowe, of my staff,, regarding an appropriate time and place for this signing. He may be reached at

(214) 655-6740 or (FTS) 255-6740.

Sincerely yours,

Allyn M. Davis

Director

Hazardous Waste Management Division (6H)

Enclosure

OFFICI ,ALLY-
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