Coordinating NRC License Closure/Termination and Army Corps of Engineers FUSRAP Cleanups

Overlapping regulatory cleanup programs present a significant challenge for business entities seeking to close and redevelop properties in an environmentally-appropriate but cost-effective manner. In the nuclear decontamination context, this challenge has been recognized in Memoranda of Understanding ("MOUs") between regulators with overlapping responsibilities seeking to minimize duplicative efforts/costs while fulfilling their respective regulatory obligations. For instance, an MOU between the Army Corps of Engineers (the "Corps") and the Nuclear Regulatory Commission ("NRC") for coordinating Corps' cleanups under the Formerly Utilized Sites Remedial Action Program ("FUSRAP") and NRC D&D to close and terminate an NRC license was reached in July 2001. Similarly, U.S. Environmental Protection Agency ("EPA") and NRC entered into an MOU in October 2002 addressing the interaction between NRC decontamination and decommissioning ("D&D") oversight and EPA's authority under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") at NRC-licensed sites. Yet, despite these MOU agreements, the simultaneous application of different regulatory programs, differing perspectives on their respective objectives and limited experience in addressing such circumstances often can lead to issues that demand creative solutions. This paper examines the interplay of these regulatory programs, the MOU of the agencies seeking to address their responsibilities under them and the coordination of the cleanups and license closure/termination process under the programs. It also offers technical and practical