Readers Note:  This is the final draft of an attachment to the DOE/State of Nevada - NDEP "Agreement in Principal (AIP)" funding document.

1. Purpose:

This attachment reflects the understanding and commitments between the parties regarding activities in Joint DOE/State oversight of the Low-Level Waste (LLW) Program at the Nevada Test Site (NTS).

2. Scope:

The scope of this attachment to the existing Agreement-in-Principle is to define the roles of DOE/NV and the State of Nevada with regard to this effort.

3. Responsibilities:

Nevada Division of Environmental Protection (NDEP) will:

• Review and provide comment on documents such as, but not limited to DOE-issued Corrective Action Reports to generators, recommendations made to generators, procedures, requirements for generators.

• Review DOE's LLW operations at the NTS with respect to applicable criteria identified in DOE Order 5820.1A and associated guidance, or subsequent applicable requirements and guidance.

• Review the effectiveness of the NTS LLW program for ensuring the adequacy of procedures used by waste generators to characterize LLW, and for certifying compliance with the NTS waste acceptance criteria.

• Evaluate, through assessments and reviews, NTS LLW management facilities and operators.

• Review the determinations, and supporting documentation, by waste generator organizations regarding the materials determined to be consistent with the applicable DOE definition of LLW.

• Evaluate DOE LLW management records maintained on site at the NTS.

• Review and provide comments on technical and operational documents associated with the LLW Program at the NTS.

• Evaluate consistency and compliance in the implementation of applicable DOE Orders and Standard Operating Procedures applicable to LLW management.

• Provide quarterly reports to DOE/NV regarding the status of state activities concerning the oversight of the LLW Program at the NTS.

DOE/NV will:

• Provide written notification to NDEP of LLW shipments, with the option of NDEP participation in the on-site waste receipt process.

• Provide formal response to issues formally identified by NDEP.

• Provide NDEP staff site access, during normal duty hours, and appropriate training to enable NDEP personnel to actively participate in the LLW management process.

• Provide to appropriately cleared NDEP staff, consistent with national security requirements under the AEA, information about classified waste for review.