ELIMINATING THE RISK OF DUAL NRC/EPA OVERSIGHT OF THE CLEANUP OF RADIOLOGICALLY CONTAMINATED SITES

The Nuclear Regulatory Commission (“NRC”) and the Environmental Protection Agency (“EPA”) have a long history of overlapping authority over site remediation involving radioactive materials at NRC-licensed facilities. The NRC and EPA have repeatedly attempted to use memoranda of understanding as a way of resolving these overlapping powers. While such efforts have been somewhat successful, current conflicting approaches towards decommissioning methodologies will likely to continue to prove problematic under the existing regime despite the new Memorandum of Understanding entered into by the NRC and EPA on October 9, 2002 (“MOU”). As discussed below, the current MOU leaves many issues unresolved requiring further actions to avoid dual regulation.