NRC Recommends MOU for DOD Radium Remediation

The NRC Staff recommended yesterday that the Nuclear Regulatory Commission move forward with a Memorandum of Understanding with the Department of Defense to clarify the Commission’s role in regulating the DOD’s radium remediation efforts. Back in 2011, the Staff prepared a guidance document to settle regulatory problems with the DOD’s use of radium, but the DOD opposed the licensing solution the document would establish. The DOD planned to perform the remediation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), but the problem arose in following the NRC’s decommissioning strategies for the remediated material, creating a situation of dual-regulations.

 

To alleviate the DOD’s concerns about licensing, the NRC Staff recommended an MOU that would enable flexibility in the NRC’s involvement. “The staff recommends proceeding with the MOU option because it is the most practical way to ensure that the NRC remains informed and involved in the remediation of radioactive materials while simultaneously avoiding prolonged, resource intensive challenges from DoD,” the staff wrote in a SECY paper. “However, the staff recommends periodically evaluating the effectiveness of the MOU, particularly for dispute resolution, and taking appropriate actions, including regulatory actions, if the MOU is found to be ineffective.”