ML092740160

Comment (1) of Don C. Laster Opposing on Site Disposal of Contaminated Materials at the Sequoyah Fuels Site Located 2 Miles East of Gore Oklahoma

ML092740160
Person / Time
Site:	Sequoyah
Issue date:	09/24/2009
From:	Laster D - No Known Affiliation
To:	Rulemaking, Directives, and Editing Branch
References
74FR19240 00001
Download: ML092740160 (34)

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In Witness Whereof, we have caused th(

• )licy to. be executed and attested, but th(

olicy shall not be valid unless countersigned by our authorized repreben'tative.

4 V_:

I e i e NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)

It is agreed that:

A. The policy does not apply:

1. Under any Liability Coverage, to bodily injury or prop-erty damage

a. with respect to which an insured under the policy is also an insured under a, nuclear energy. liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Under-writers or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of lia-bility; or

b. resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial pro-tection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, en-titled to *indemnity from the United States of America, or any.agency thereof, under any agree-ment entered into by the United States of America, orany agency thereof, with any person or organi-zation.

2. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury re-sulting from the hazardous properties of nuclear ma-terial and arising out of the operation of a nuclear fa-cility by any person or organization.

3. Under any.Liability Coverage, to bodily injury* or prop-erty damage resulting from the hazardous properties of nuclear material, if

a. the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured

• or (2) has been discharged or dispersed therefrom;

b. the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, proc-essed, stored, transported or disposed of by or on behalf of an insured; or

c. the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to property damage to such nuclear facility and any property thereat.

B. As used in this endorsement:

"hazardous properties" include radioactive, toxic or ex-plosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory

'thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radia-tion in a nuclear reactor; "waste" means any waste material (a) containing byprod-uct material and (b) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph 1 or 2 thereof; "nuclear facility" means

1. any nuclear reactor,

2. any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or. packaging waste,

3. any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the cus-tody of the insured at the premises where such equip-ment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any com-bination thereof, or more than 250 grams of uranium

235,

4. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is lo-cated, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reac-

.tion or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive con-tamination of property.

NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automo-bile Liability Insurance in New York.

Includes copyrighted material of Insurance Services Office, with Its permission.

Copyright, 1977, Insurance Services Office

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cion oi Tnis nign-tecn nuclear installation is a remarkably low-tech affair.

Workers drill 450 holes in seven concentric rings into the top portion of the silo and fill them with explosives. It takes 7,000 pounds of ammonium nitrate to de-stroy the silo, which was built to withstand a nuclear attack.

The Albion silo holds nothing but grim memories for the relatives of 53 men who died in the worst accident in the history of the U.S. nuclear missile pro-gram. One woman in the crowd weeps quietly as she remembers the fire that killed her father. On August 9,1965 (exactly 20 years after the U.S. dropped an atomic bomb on Nagasaki), a welder accidentally ignited a hydraulic line, caus-ing the silo to fill with dense, black smoke. Two men working near the top man-aged to escape, but the rest were trapped.

The Titans have caused other serious damage. A 1978 explosion at a silo in Kansas killed two airmen and destroyed the missile. After the accident, Robert Some have been reassigned to Minuteman silos in Monta tions in Wyoming. Others have taken on new duties at Litt At one minute before noon, the piercing sound of an airI Arkansas countryside. Cows, 200 yards from the silo, look, ing. At five seconds before noon the crew begins the countdi joins in. A civilian engineer steps on the detonator, sendinj fuse cord, and in less than a second a nuclear missile silo is reý crater in the rural soil. Later, the land will be filled in, plar offered to its original owner, who once grazed cattle on !

time," says Captain McCarthy, "it will look like a meadowj As the cloud of debris begins to settle, an elderly woman, edge of her lawn chair, breaks the silence. "Was the bombh urgently. A crew member assures her that it was not.

For security reasons, uranium from deactivated missiles is remolded to di ise the shape it had in the Titan. The button is then stored in Oak Ridge, Tenn.

32

Public delves int0 injection well issue BY DICK MAYO, JEFF MAYO AND JIM MAYO State Sen. Jim Wilson (D-Tahlequah). announced last week. that a public meeting to consider a proposed commercial in-jection well to dispose of salt water near Vian will be held in the Vian High School auditorium at 6 p.m. Thursday.

I-MAC Petroleum Ser-vices Inc.. of Muskogee has filed an application with the Oklahoma Corpora-tion Commission to open a well near the southeast city limits of Vian. The per-mit requests permission to dispose of 40,000 barrels (1,680,000 gallons) of salt water a day under 1,000 pounds per square inch of pressure, measured at the surface. The salt water will be injected into a zone in the Arbuckle formation at a depth of 1,600 feet at the top and bottom.

3,100 feet at the Wilson said representa-tives from I-MAC will be there to explain their pro-posal to anyone who is interested, and the corpo-ration commission, which regulates the state oil and gas industry, including the disposal of wastes from drilling operations, will also be represented to ex-plain the commission's role and the process by which it

'We requested the meeting to see if we can get com-fortable [with the proposed well] or pursue a formal protest.'

State Sen. Jim Wilson 9

1 Public Meeting Vian High School audito-rium at 6 p.m.Thursday to discuss proposed injection well.

regulates injection wells.

B&B Saltwater Disposal LLC, which operates an injection well in the Bri-artown area of southern Muskogee County, and at least three Vian residents have filed protests to the proposed well.

MEETING IS NOT OFFICIAL The Thursday meeting is not an official hearing.

Next week's meeting will be for information and dis-cussion purposes, Wilson said. Legal notice 40,976 published in this past Thursday's and this issue of Your TIMES states the permit hearing will be held at First Floor, Jim Thorpe Building, Oklahoma City at 8:30 a.m. Sept. 23. Wilson said he requested the pub-lic meeting to see if "we can get comfortable [with the proposed well] or pursue a formal protest."

I-MAC proposes to inject saltwater waste from area oil and gas wells into the Arbuckle Formation, which lies under a large area that includes western Sequoyah County. Matt Skinner, infor-mation officer with the Cor-poration Commission, said in an Aug. 6 news article in Your Times, that the com-mission has guidelines to follow if anyone suspects contamination..

Skinner said in a recent telephone interview that an administrative law judge working for the commis-sion will make the first ruling on the well. Anyone can submit information for consideration. Skinner said comments can be sent to him, and he will see that it COUNTY ASSESSOR The large arrow above points to the site, in pink, of the proposed I-MAC saltwater injection well. The well will be the subject of a public meet-ing at the Vian High School auditorium at 6 p.m. Thursday.

is made a part of the case record. His e-mail address is m.skinner@occemail.

com, and the postal ad-dress is Oklahoma Corpo-ration Commission, 2101 SEE WELL, BACK PAGE

WELL: County FROM PAGE 1 sees increase tn N.

Lincoln Blvd.,

Room 310, Oklahoma City, Okla.

73105.

The judge will consider information and data pro-vided by I-MAC, corporation commission engineers and any other interested party, and then recommend to corporation commissioners whether to approve or deny the application.

If the commissioners deny the application, the matter will end, or the applicant can appeal to the Oklaho-ma Supreme Court, Skin-ner said. If commissioners feel there is enough reason to call a public hearing on the matter, it can do so, at which time those protesting can present evidence.

Skinner said that opera-tors of injection wells are licensed to dispose of spe-cific things, and they are responsible for what they put down the well. The com-mission can demand their records and audit them.

Trucks hauling the waste are also regulated by the state.

"I can't stress enough, if anyone has any reason to think that an operation is not working properly, report it," Skinner said.

COMMISSION INSPECTORS TAKE SAMPLES Skinner also said that commission field inspec-tors, not disposal site opera-tors, take the samples from wells and other disposal sites that are used to verify what was disposed of. The commission employs about 50 field inspectors.

While injection wells are uncommon in Sequoyah County, they are quite com-mon in other parts of the state. Skinner said the state currently has 10,426 active injection wells, and the total drilled, including inactive wells, is 25,207.

He said that in fiscal year 2008, the commission ap-proved 208 noncommercial disposal wells. These only take waste from the com-pany drilling the well and not from other companies.

The commission also ap-proved 37 commercial wells that take waste from other companies.

In recent months, there has been an increase in the amount of oil and gas well waste coming into Sequoyah County for dis-posal. Some of this waste is being applied to farmland under a regulated program drilling waste called landfarming, or soil farming. Soil farming is a name given to spreading water-based waste on farm-land. The proposed injec-tion well would add another disposal method.

WASTE IS COMING FROM ARKANSAS Much of the waste is com-ing into the county from Arkansas. In April the Ar-kansas Department of Envi-ronmental Quality released a report critical of the dis-posal of oil and gas drilling wastes on Arkansas farm-land.

In Arkansas that depart-ment regulates disposal of drilling wastes. The report attacked disposal practices at 11 landfarm sites, stating that fluids used in natural gas production had been improperly applied, causing environmental harm.

In November 2008, the de-partment halted consider-ation of any new landfarm permits until a study of the 11 sites was completed. By April, the department had taken enforcement actions against all 11 landfarms and sought to revoke permits at two sites and was consid-ering further enforcernent measures. The Arkansas de-partment is also stiffening its regulations as a result of the study.

Drillers had to find new places to dispose of the their waste fluids, and as a result, Sequoyah County and other parts of Oklaho-ma have seen an upsurge in waste disposal activity.

In addition to the Vian dis-posal well, the corporation commission Web site shows the number of requests for permits to spread drill-ing fluids on farmland in Sequoyah County went from only five between 1989 and 2008 to more than 80 so far this year alone.

VIEWS VARY WIDELY ON DRILLING WASTE TOXICITY Skinner said that some farmers think it improves soil productivity when spread on farmland. That view is disputed by C.K.

Rice, agronomist with the Oklahoma State Univer-sity Extension Service, who says much of the research results on the wastes have shown reductions in plant growth, and more study is needed to learn the effects of land applying drilling flu-ids.

While the salt water to be injected in the Vian well has been compared to seawater, the experience of people near the decommissioned Sequoyah Fuels Nuclear Fuel plant near Gore was much more serious.

The injection well at Sequoyah Fuels is about six miles from the I-MAC proposed well. The I-MAC proposed well is between Interstate 40 and Vian just off of the east side of High-way 82.

.A little over 25 years ago, Sequoyah Fuels pumped wastewater from their plant down an injection well, only to see it come out in home water wells near their property. In that case, the contamination was radio-active. In the Nov. 6, 1984, issue of Your TIMES, it was reported that "radium had been discovered in two spe-cific areas, Dirty Creek near Warner, and a spring near Nicut."

According to news stories in Your TIMES from fall and winter 1984, Sequoyah Fu-els wanted to use a well on its property first drilled in 1969 to store 35 million gal-lons of treated raffinate by injecting it into the ground.

"Treated raffinate is a diluted solution of ammo-nium nitrate, a non-radio-active substance," Jim Carr, then manager of Sequoyah Fuels, said in the Sept. 16, 1984, issue of Your TIMES.

Raffinate is a by-product of the processing of uranium that was done at the Gore plant.

The permit was later de-nied and the 35 million gal-lons of raffinate was pro-hibited from being pumped into the well.

Sequoyah Fuels first test-ed the well by injecting 5 million gallons of treated raffinate between June 6 and Aug. 2, 1983. The raf-finate was injected into the Arbuckle formation at a depth of 3,122 feet, accord-ing to the Sept. 16, 1984, is-sue of Your TIMES.

Sequoyah Fuels officials were later quoted as saying the water in the Arbuckle formation is already more radioactive than raffinate.

Disposal of oil and gas well waste is a serious and complex subject that is new to Sequoyah Countians, and the Thursday meeting should provide more in-formation for county resi-dents.

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