[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