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New Guidance for EPA Responders

New Guidance for EPA Responders. Presentation to the 2009/2010 NRC Region 1 Joint Emergency Preparedness Information Conference Kathryn Snead, USEPA Office of Radiation and Indoor Air. Past Guidance to Emergency Responders.

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New Guidance for EPA Responders

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  1. New Guidance for EPA Responders Presentation to the 2009/2010 NRC Region 1 Joint Emergency Preparedness Information Conference Kathryn Snead, USEPA Office of Radiation and Indoor Air

  2. Past Guidance to Emergency Responders EPA RERP (2000) States that CERCLA (Superfund) cannot be used at NRC-licensed NPPs • Based on definition of “release” in CERCLA • Excludes certain substances covered by financial assurance provisions in NRC regulations (Price-Anderson Act)

  3. Past Guidance to Emergency Responders OSCs and other responders working under Superfund were instructed not to respond to incidents at NRC-licensed NPPs Radiation program expected to respond under existing AEA/PHSA authorities

  4. Past Guidance to Emergency Responders • Three Programs Offices Involved: • Office of Superfund Remediation and Technology Innovation (OSRTI) • Office of Emergency Management (OEM) • Office of Radiation and Indoor Air (ORIA) • Office of General Counsel – Representing All Three program Offices

  5. New Guidance Needed OSRTI indicated that the RERP language needed revision • Too limiting • Conflicts with existing guidance

  6. New Guidance Needed OEM recognized likely pressure to respond to an incident with off-site consequences OEM also recognized an expectation to respond to chemical releases

  7. New Guidance Needed ORIA likely to request assistance from OEM and OSRTI for the FRMAC

  8. Potential Authorities Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Public Health Service Act (PHSA) and the Atomic Energy Act (AEA) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Stafford Act)

  9. First Choice Authority – Stafford Act Stafford Act • With funding, perform tasks as specified in Mission Assignment for 60 days, regardless of authorities • With or without funding, perform tasks as appropriate under CERCLA or PHSA/AEA

  10. Scond Choice Authority - CERCLA CERCLA • Use CERCLA’s investigative authority • Determine extent of excluded substances • Consult with OEM HQ • Address commingled contamination • Fund using Trust Fund or PRP funds

  11. Third Choice Authority – PHSA/AEA Public Health Service Act/Atomic Energy Act • Perform monitoring and technical assistance functions • Fund with existing EPM funds

  12. Questions? • Kathryn Snead • Center for Radiological Emergency Management, Office of Radiation and Indoor Air • 202-343-9228 • snead.kathryn@epa.gov

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