[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46832-46834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22614]
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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
[[Page 46834]]
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]
BILLING CODE 7590-01-P
