[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1605]


[[Page Unknown]]

[Federal Register: January 26, 1994]



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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.

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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