Uranium Recovery Field Office

Uranium Recovery Field Office

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of signing of Memorandum of Understanding (MOU) between

the Nuclear Regulatory Commission (NRC) and the Environmental

Protection Agency (EPA) concerning the Homestake Uranium Mill.

-----------------------------------------------------------------------

SUMMARY: On December 14, 1993, the NRC and the EPA signed an MOU

delineating agency responsibilities in regulating activities at the

Homestake Mining Company's Grants Uranium Mill. The NRC has regulated

activities at the site since June 1, 1986, under a source and byproduct

material license issued in accordance with title 10 of the Code of

Federal Regulations, part 40. Prior to June 1, 1986, activities at the

site were regulated under a license issued by the State of New Mexico

in accordance with its status as an NRC agreement state. During the

period of State regulatory authority, the Homestake site was placed on

the EPA's Superfund National Priorities List at the request of the

State. A copy of the MOU, which delineates agency responsibilities at

the site, is printed following this notice.

FOR FURTHER INFORMATION CONTACT:

Ramon E. Hall, Director, Uranium Recovery Field Office, Region IV, U.S.

Nuclear Regulatory Commission, P.O. Box 25325, Denver, Colorado, 80225.

Telephone: (303) 231-5800.

MEMORANDUM OF UNDERSTANDING BETWEEN REGION 6 OF THE U.S. ENVIRONMENTAL

PROTECTION AGENCY AND REGION IV OF THE U.S. NUCLEAR REGULATORY

COMMISSION FOR REMEDIAL ACTION AT THE HOMESTAKE MINING COMPANY URANIUM

MILL IN CIBOLA COUNTY, NM

I. Purpose

This document establishes the roles, responsibilities, and

relationships between Region 6 of the U.S. Environmental Protection

Agency (EPA) and Region IV of the U.S. Nuclear Regulatory Commission

(NRC), hereinafter collectively referred to as the ``Parties,''

regarding remedial action at the Homestake Mining Company (HMC) uranium

mill in Cibola County, New Mexico. The Parties have overlapping

authority in connection with this site and, consistent with the

purposes of the March 16, 1992, interagency Memorandum of Understanding

between EPA and NRC entitled ``Guiding Principles for EPA/NRC

Cooperation and Decision Making,'' this Memorandum of Understanding

(MOU) will help assure that remedial actions occur in a timely and

effective manner.

II. Basis for Agreement

NRC will assume the role of lead regulatory agency for the

byproduct material disposal area reclamation and closure activities and

EPA will monitor all such activities and provide review comments

directly to NRC. The objective of EPA's review and comment will be to

assure that activities to be conducted under NRC's regulatory authority

will allow attainment of applicable or relevant and appropriate

requirements under the Comprehensive Environmental Response

Compensation and Liability Act of 1980, as amended (``CERCLA''). 42

U.S.C. 9601 et seq., outside of the byproduct material disposal site.

NRC will require the Licensee to implement an approved disposal site

reclamation plan which meets the requirements of 10 CFR part 40,

Appendix A, as amended at 52 FR 43553 through 43568 (November 1987),

``Uranium Mill Tailings Regulations; Ground Water Protection and other

Issues,'' which conforms with EPA 40 CFR part 192, subpart D. EPA and

NRC agree that the requirements of 10 CFR part 40, Appendix A, are the

Federal environmental and public health requirements applicable or

relevant and appropriate to the disposal site. EPA and NRC believe that

conformance with 10 CFR part 40, Appendix A, will generally assure

conformance with CERCLA requirements. However, each party will be

responsible for assuring compliance with its specific regulatory

requirements as discussed in this section. The parties believe that the

U.S. Department of Energy or another responsible State or Federal

authority will assume responsibility for long-term care of the

byproduct material disposal site following remediation of the site.

III. Background

The State of New Mexico was responsible as an ``Agreement State''

for licensing and regulating uranium mills within the State until June

1, 1986, at which time, NRC reassumed this authority at the request of

the Governor of New Mexico. Prior to this change, EPA had placed the

HMC site on the National Priority List (NPL) of sites for response

action under CERCLA. EPA's policy is to list only those uranium mills

meeting criteria for placement on the NPL which are located in

Agreement States, i.e., States which have entered into agreements with

NRC pursuant to section 274 of the Atomic Energy Act of 1954, as

amended, to regulate certain nuclear activities in a manner compatible

with NRC's program. Mills in States where NRC has direct licensing

authority have not been placed on the list. Although New Mexico is no

longer an Agreement State insofar as uranium recovery operations are

concerned and NRC has reassumed primary jurisdiction, the site was

properly placed on the NPL and the physical conditions resulting in

that placement are still present. After completion of the closure of

the disposal area and other remedial measures undertaken in full

compliance with 10 CFR part 40, Appendix A (the applicable Federal

standards for disposal site reclamation), EPA, pursuant to 40 CFR parts

425(e) and 515(c)(3) and in consultation with the State of New Mexico,

shall determine whether all required response actions with respect to

the site have been implemented. Following such a determination, the

site may be considered for deletion for the NPL.

IV. Agreement

In order to achieve satisfactory cleanup of the HMC site, NRC and

EPA agree to do the following:

1. The Parties shall cooperate with each other in the oversight of

reclamation and remedial activity at the HMC site.

2. EPA will review the amendments to the site reclamation plan

(``the plan'') and will provide comments to NRC. NRC will review and,

if necessary, require revisions to the plan to assure conformance to 10

CFR part 40, Appendix A, as amended, prior to approving the plan via

license amendments. NRC will provide EPA with copies of all license

amendments which affect the site closure plan prior to issuance for

comment. If no comments are received within 30 calendar days, NRC will

issue the amendment.

3. If EPA determines that remedial actions are deficient or

unsatisfactory, then EPA shall provide notice to NRC of the deficiency.

NRC shall assume the lead role for notification to HMC, except for such

notification as EPA might statutorily be required to provide in certain

events. The notification shall specify a time period within which

regulatory compliance is expected to be achieved. Should compliance not

be achieved in this time period, EPA will assume the lead for taking or

seeking any enforcement action within its area of regulatory

responsibility and NRC will assume the lead for any enforcement actions

necessary within its area of regulatory responsibility. Both Parties

reserve all rights under this MOU to take whatever actions are

determined to be necessary, including the conduct of remedial actions

within and outside the disposal area, in order to fulfill their

regulatory requirements. In any event, no actions affecting site

remediation will be taken by either Party without prior consultation

with the other Party.

4. Both Parties shall appoint a facility coordinator who shall be

responsible for oversight of the implementation of this MOU and the

activities required herein. The facility coordinators shall be

appointed by each Party within seven (7) days of the effective date of

this MOU. Each Party has the right to appoint a new facility

coordinator at any time. Such a change shall be accomplished by

notifying the other Party, in writing, at least five (5) days prior to

the appointment, of the name, telephone number, and mailing address of

said facility coordinator.

5. The Parties will meet periodically at the request of either

Party and at least semiannually insofar as it is necessary to

accomplish the objectives of this MOU. The facility coordinators should

communicate with each other on a routine basis by telephone.

6. The Parties will provide technical advice and any necessary

regulatory consultation to one another upon request.

7. The Parties will generally provide each other with copies of all

official correspondence and documents related to remedial actions at

the site. The Parties will also normally provide copies of other

information upon request. In the event that one of the Parties does not

wish to furnish certain specific information, documents, or

correspondence to the other, then said material shall be identified to

the other Party along with the reasons for withholding it.

8. Whenever notice or information is required to be forwarded by

one party to another under the terms of this MOU, it shall be given by

and directed to the individuals at the addresses specified as follows:

EPA: Director, Hazardous Waste Management Division (6H), U.S. EPA,

Region 6, 1445 Ross Avenue, suite 1200, Dallas, Texas 75202-2733.

NRC: Director, Uranium Recovery Field Office, Region IV, U.S.

Nuclear Regulatory Commission, P.O. Box 25325, Denver, Colorado

80225.

9. Routine communications may be exchanged verbally, in person, or

by telephone between the Parties to facilitate the orderly conduct of

work contemplated by this MOU.

10. EPA enforcement documentation provided under this MOU will be

kept as exempt material by EPA and NRC, to the extent legally possible,

according to the policies and procedures under 40 CFR part 2 and 10 CFR

part 2.790, respectively.

11. The Parties shall notify each other of any pending visits to

the HMC property which relate to the site closure plan. To the extent

that they are otherwise authorized to do so, either Party and their

consultants may, at their option, accompany the other Party on such

visits.

V. Agency Responsibilities

A. NRC Responsibilities

1. NRC will ensure that the owners/operators of the HMC uranium

mill implement an approved reclamation plan that meets all relevant NRC

requirements, including 10 CFR part 40, Appendix A, as amended. The

reclamation plan will require HMC to assure long-term stability of the

tailings, reduce gamma radiation to background levels, and diminish

radon exhalation to appropriate regulatory standards. If any part of

such plan is not complied with by HMC, NRC will take whatever actions

it deems appropriate to ensure compliance.

2. NRC will ensure that the owners/operators of the HMC uranium

mill implement a compliance monitoring program for hazardous

constituents that meets all relevant NRC requirements, including 10 CFR

part 40, Appendix A, for the establishment of ground water protection

standards and points of compliance. NRC will verify implementation by

HMC of any required compliance monitoring and/or ground water

corrective action at the HMC uranium mill site resulting from the

establishment of ground water protection standards as soon as such is

reviewed and accepted by NRC. If any ground water requirements are not

complied with by HMC, NRC will take appropriate action to ensure

compliance.

3. NRC will direct HMC to provide both Parties with copies of major

work product submittals as they become available. Such work products

will include a reclamation plan and any other plans and specifications

for assessment, remediation, and monitoring, including all analytical

data.

4. NRC agrees to provide EPA with progress reports on HMC's

remediation, semiannually.

5. NRC will assist in the development of information to support

EPA's deletion of the site from the NPL upon completion of the remedial

action, if appropriate.

B. EPA Responsibilities

1. EPA will provide formalized review, consultation, and comment

throughout the entire project.

2. EPA will review and provide comments on the various components

of the reclamation plan, groundwater monitoring, and corrective action

submittals, and other related documentation, within timeframes as

agreed to between NRC and EPA. In the event that EPA determines that

the implementation of the site reclamation plan, closure activities,

and/or groundwater corrective action has not resulted in, or may not

result in, cleanup conditions that meet applicable or relevant and

appropriate requirements under CERCLA, then EPA may take whatever

action it deems appropriate.

VI. Dispute Resolution

In the event of a dispute between EPA and NRC concerning site

activities, the persons designated by each Agency as facility

coordinators, or in their absence, alternate contact points will

attempt to promptly resolve such disputes. If disputes cannot be

resolved at this level, the problem will be referred to the supervisors

of these persons for further consultation. The supervisory referral and

resolution process will continue, if necessary to resolve the dispute,

to the level of the Regional Administrators of NRC and EPA. Both

Parties shall continue to maintain their respective rights or

responsibilities under this MOU during the dispute resolution process.

VII. Execution and Termination

This agreement shall take effect upon execution by EPA and the NRC.

It shall remain in effect for the duration of the program addressed

herein unless terminated by mutual agreement by the two Agencies; or

this MOU may be terminated unilaterally if any of the conditions set

forth below are present:

1. The planning or conduct of reclamation plan, closure activities,

and/or groundwater cleanup actions fail to meet standards set forth in

the Basis for Agreement (Section II) of this MOU.

2. The site is deleted from the NPL.

3. The site is turned over to the Department of Energy or other

responsible State or Federal authority for long-term care.

4. Regulatory, statutory, or other events occur which make this MOU

unnecessary, illegal, or otherwise inappropriate.

VIII. Modification

The Parties may modify this MOU from time to time in order to

simplify and/or define the procedures contained herein. Each Party

shall keep the other informed of any relevant proposed modifications to

its basic statutory or regulatory authority, forms, procedures, or

priorities. This MOU shall be revised, as necessary, by the adoption of

such modifications. The MOU should be reviewed on an annual basis by

both the Director, Uranium Recovery Field Office, Region IV, NRC, and

the Director, Hazardous Waste Management Division, Region 6, EPA, or

their designated representatives.

IX. Reservation of Rights

The Parties reserve any and all rights or authority that they may

have, including but not limited to legal, equitable, or administrative

rights. This specifically includes EPA's and NRC's authority to

conduct, direct, oversee, and/or require environmental response in

connection with the site, as well as the authority to enter the site

and require the production of information, within each of their own

areas of responsibility.

X. Severability

The nullification of any one or more sections or provisions of a

section of this MOU, either by Agreement of the Parties or by

Administrative or Judicial Action, shall not affect the other sections/

provisions of this MOU.

Executed and agreed to:

Dated: December 14, 1993.

James L. Milhoan,

Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV,

Arlington, Texas.

Dated: December 14, 1993.

Joe D. Winkle,

Regional Administrator, U.S. Environmental Protection Agency, Region 6,

Dallas, Texas.

[FR Doc. 94-1605 Filed 1-25-94; 8:45 am]

BILLING CODE 7590-01-M