Issuance of a Memorandum of Understanding between the Nuclear Regulatory Commission and the Pennsylvania Department of Environmental Protection

NUCLEAR REGULATORY COMMISSION

Issuance of a Memorandum of Understanding between the Nuclear

Regulatory Commission and the Pennsylvania Department of Environmental

Protection

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance of a Memorandum of Understanding.

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SUMMARY: This notice is to advise the public of the issuance of a

Memorandum of Understanding (MOU)

[[Page 46833]]

between the U.S. Nuclear Regulatory Commission (NRC) and the

Commonwealth of Pennsylvania Department of Environmental Protection

(PADEP). The MOU provides the basis for cooperation between the

agencies to facilitate the safe and timely remediation and

decommissioning of Site Decommissioning Management Plan Sites (SDMP)

and other decommissioning sites in Pennsylvania at which both agencies

exercise regulatory authority.

The broad MOU expresses the desire of PADEP and the NRC to

cooperate in areas subject to the jurisdiction of both parties. Under

the MOU, PADEP and NRC will designate site coordinators for each SDMP

site in Pennsylvania. Each agency will provide the other with

reasonable notice of inspections, and meetings with other agencies or

the public which concern a particular SDMP site. The MOU also provides

the basis for the dissemination of information between the agencies and

the review and comment of draft documents.

EFFECTIVE DATE: This MOU was effective July 15, 1996.

FOR FURTHER INFORMATION CONTACT: Heather Astwood, Division of Waste

Management, U.S. Nuclear Regulatory Commission, Mail Stop T-7-F27,

Washington, D.C., 20555, telephone (301) 415-5819.

Dated at Rockville, MD this 28th day of August 1996.

For the U.S. Nuclear Regulatory Commission.

Michael F. Weber,

Chief Low-Level Waste and Decommissioning Projects Branch, Division of

Waste Management, Office of Nuclear Material Safety and Safeguards.

Memorandum of Understanding Between the United States Nuclear

Regulatory Commission and the Commonwealth of Pennsylvania Department

of Environmental Protection

1. Purpose. This Memorandum of Understanding (``MOU'') is intended

to provide a framework for voluntary cooperation between the United

States Nuclear Regulatory Commission (``NRC'') and the Commonwealth of

Pennsylvania, Department of Environmental Protection (``DEP'') to

facilitate the safe and timely remediation and decommissioning of Site

Decommissioning Management Plan (``SDMP'') and other decommissioning

sites in Pennsylvania at which both agencies exercise regulatory

authority.

2. Regulatory Authority. The NRC regulates radioactive material and

related activities at SDMP sites and licensed nuclear facilities under

authority of the Atomic Energy Act of 1954, as amended, 42 U.S.C.

Sec. 2011 et seq. The DEP administers and enforces Pennsylvania's

environmental statutes, including the Solid Waste Management Act, 35

P.S. Sec. 6018.101 et seq.; the Clean Streams Law, 35 P.S. Sec. 691.1

et seq.; and the Radiation Protection Act, 35 P.S. Sec. 7110.101 et

seq.

3. Designation of Site Coordinators. Within ninety (90) days after

execution of this MOU, each agency will designate a site coordinator

for each SDMP site identified in Appendix A. Each agency shall notify

the other, in writing, of the name, address, telephone and facsimile

numbers of each site coordinator. Each agency may also designate

coordinators for other decommissioning sites. Any changes in the

designation of a coordinator will be communicated in writing to the

other agency.

4. Meetings and Conference Calls between the Agencies. At the

request of either agency, with reasonable notice, a meeting or

conference call will be scheduled between the site coordinators and

other agency representatives to discuss coordination of remediation and

decommissioning activities.

5. Technical and Regulatory Consultation. At the request of either

agency, with reasonable notice, representatives of each will be made

available to discuss technical or regulatory matters pertaining to the

SDMP site or other decommissioning sites.

6. Meetings with the Public. Except in response to site

emergencies, each agency will notify the other, at least two weeks in

advance, of any public meeting related to remediation or

decommissioning activities at an SDMP or other decommissioning site.

7. Meetings with Other Regulatory Entities. At its discretion, an

agency may invite representatives of the other agency to attend

meetings with other regulatory entities who share some responsibility

for the SDMP or other decommissioning site. At a minimum, an agency

will keep the other agency informed of such meetings and the results of

those meetings. It should be noted that the NRC has an Open Meeting

Policy which would require these meetings to be open to the public

because they would almost always involve discussions concerning a

specific licensee (Open Meeting Statement of NRC Staff Policy, 59

Federal Register 48340, 9/20/94).

8. Notice of Site Inspections. Each agency will make a good faith

effort to coordinate routine site inspections of SDMP sites and other

decommissioning sites by providing advance notice to the other agency.

9. Dissemination of Information to Other Agencies. As necessary to

effectively implement remediation and decommissioning of SDMP and other

decommissioning sites, the agencies will coordinate pertinent and

appropriate dissemination of information to other Federal, State and

local Government agencies.

10. Exchange of Information Between Agencies.

A. The agencies will exchange information concerning the

remediation and decommissioning of SDMP or other decommissioning sites

as follows:

i. Within two weeks of receipt, the following information will be

forwarded from one agency to the other: plans and reports relating to

site assessment/characterization; remediation or decommissioning; and

all available related analytic data generated through site remediation

or decommissioning.

ii. Upon request, NRC will make available to DEP for review and

copying any documents disclosable to the public under the Freedom of

Information Act, 5 U.S.C. Sec. 552, NRC regulations in 10 CFR Part 9,

Public Records, and in 10 CFR Part 2.790, public inspections,

exemptions, requests for withholding, and any other applicable Federal

statute, regulation, or policy.

iii. Upon request, DEP will make available to the NRC for review

and copying any documents disclosable to the public under the Public

Right to Know Act, 65 P.S. Sec. 66.1 et seq., DEP's public information

policy, and any other applicable Pennsylvania statute, regulation, or

policy.

B. All documents exchanged by the agencies will be addressed to the

designated coordinator for the SDMP site.

C. Nothing in this MOU shall be construed as compelling either

agency to produce information or documents which the agency deems

confidential or privileged. If such documents are exchanged, each

agency will respect the confidentiality of the information and will

make every attempt to avoid disclosure in accordance with

administrative procedures.

11. Disclosure of Information to the Public. The right of access by

the public to information under Federal and State law, regulation, or

policy is not affected by this MOU.

12. Review and Comment on Documents.

A. Each agency should expeditiously forward drafts of documents it

has prepared, or copies of documents

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received from third persons which potentially impact remediation of

hazards under the other agency's jurisdiction, to solicit the other

agency's review and comments.

B. The agency requesting comments will specify the date by which a

response is needed. The review and comments should be completed in a

reasonable time (or approximately 30 days).

C. Comments will be returned within the specified response period.

In cases where there are no comments, that information will be provided

within the response period.

D. Requests for comments or responses will be addressed to the

agency's site coordinator.

E. Final agency decisions and documents potentially impacting

remediation of hazards under the other agency's jurisdiction will be

transmitted by facsimile the same day these documents are sent to the

facility management or released to the public.

13. Modifications. Any modifications or changes to this MOU shall

only be effective if agreed to by the parties and set forth in writing

as an amendment of this MOU.

14. Reservation of Rights. Nothing in this MOU shall affect the

rights, duties and authority of either agency under the law. The

agencies reserve their respective authority and rights to take any

enforcement action which they deem necessary to fulfill their duties

and responsibilities under the law.

15. Non-binding Memorandum. This memorandum is not intended to and

does not create any contractual rights or obligations with respect to

the NRC, DEP, or any other parties.

Dated: April 11, 1996.

Carl J. Paperiello,

Director, Office of Nuclear Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission.

Dated: July 15, 1996

James W. Rue,

Deputy Secretary, Air, Recycling and Radiation Protection, Commonwealth

of Pennsylvania, Department of Environmental Protection.

Appendix A--Site Decommissioning Management Plan Sites in the

Commonwealth of Pennsylvania

Babcock & Wilcox; Apollo, PA

Babcock & Wilcox; Parks Township, PA

Cabot Corporation; Boyertown, PA

Cabot Corporation; Reading, PA

Cabot Corporation; Revere, PA

Molycorp, Inc.; Washington, PA

Molycorp, Inc.; York, PA

Permagrain Products; Media, PA

Pesses Company, METCOA Site; Pulaski, PA

Safety Light Corporation; Bloomsburg, PA

Schott Glass Technologies; Duryea, PA

Westinghouse Electric Corporation; Waltz Mill, PA

Whittaker Corporation; Greenville, PA

[FR Doc. 96-22614 Filed 9-4-96; 8:45 am]

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