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EPA Memorandum of Understanding with Nuclear Regulatory Commission

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EPA and the Nuclear Regulatory Commission (NRC) developed this Memorandum of Understanding (MOU) to identify the interactions of the two agencies for only the decommissioning and decontamination of NRC-licensed sites and the ways in which those responsibilities will be exercised. Except for Section VI, which addresses corrective action under the Resource Conservation and Recovery Act (RCRA), this MOU is limited to the coordination between EPA, when acting under its Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authority, and NRC, when a facility licensed by the NRC is undergoing decommissioning, or when a facility has completed decommissioning, and the NRC has terminated its license. EPA believes that implementation of the MOU between the two agencies will ensure that future confusion about dual regulation does not occur regarding the cleanup and reuse of NRC-licensed sites.

This MOU between EPA and NRC is entitled "Memorandum of Understanding Between the Environmental Protection Agency and the Nuclear Regulatory Commission: Consultation and Finality on Decommissioning and Decontamination of Contaminated Sites" (8 pp, 106KB) (OSWER 9295.8-06, signed by EPA on September 30 and NRC on October 9, 2002). This MOU was distributed through a transmittal memo entitled "Distribution of Memorandum of Understanding between EPA and the Nuclear Regulatory Commission" (10 pp, 137KB) (OSWER No. 9295.8-06a, October 9, 2002). This transmittal note includes guidance to the EPA Regions to facilitate Regional compliance with the MOU and to clarify that the MOU does not affect CERCLA actions that do not involve NRC (e.g., the MOU does not establish cleanup levels for CERCLA sites). Letters between EPA and NRC concerning site-specific consultation under the MOU are posted on the internet.


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