ML18029A069
| ML18029A069 | |
| Person / Time | |
|---|---|
| Issue date: | 01/17/2018 |
| From: | NRC/OCIO |
| To: | |
| Shared Package | |
| ML18029A053 | List: |
| References | |
| FOIA/PA-2017-0581 | |
| Download: ML18029A069 (4) | |
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PtlL New York State Department of Environmental Consenation -~;LD Division of Environmental Enforcement - Compliance Practice Group SO Wolf Road, Room 627, Albany, New York 12233-SSOO Pms S18-4S7-0090 FAX SlS-485-8478 960CT L Michael 0. Zlgata Commiuioner OCT O7 1996 Bernard B. Freedman, Esq.
Norton/Radin/Hoover/Freedman 2858 Delaware Avenue Kenmore, New York 14217-2789
Dear Mr. Freedman:
This is in response to your September 18, 1996 letter to Paul J. Merges, Ph.D., Chief of this Department's Bureau of Pesticides & Radiation, regarding the Niagara Landfill on River Road in Tonawanda. Your letter was prompted by the concerns of the City ofTonawanda's Board of Education for the safety of school children and requested that a new radon sample be taken of the landfill.
As you may know, in February 1996 the Department sampled six gas extraction wells in the landfill and analyzed the samples for radon-222. This sampling and analysis was conducted in full accordance with generally accepted scientific principles and practices. The results provided a reasonable estimate of the radon that was leaving the six wells while they were venting under natural pressure. The Department determined that the emissions do not pose a threat to public health or the environment and that operation of the flare will not present a danger.
A member of the school board, Mr. William Watson, has expressed concern that the sampling and analysis methods employed by the Department are unacceptable. It is his belief that the Department has significantly underestimated the radon concentration in the landfill. His opinion may have been formed when the Department released the data from the February 1996 sampling. In the Department's March 1996 Radon Interim Report on the Investigation at the Niagara Landfill, a comparison was made between the radon concentration in the landfill gas and the radon concentration in Erie County soils that was measured by the New York State Department of Health (DOH) as part of a 1989 study on indoor radon in homes. This may have led Mr. Watson to believe that the Department should have followed the same sampling procedures at the Niagara Landfill as the DOH did in its study.
These two studies had different objectives and were performed using different, although
- ,equally valid, methodologies. The purpose of the Department's study was to measure the
/!Y concen~ation of radon b~ing released.fro~ the lan?fill. Th~ purpose of~OH's study was to .
~ ;JJ,, determme the concentration of radon m air spaces m the s01l. Different mstruments were used m the two studies. The Department used lucus cells which are designed to measure the ft NRC Alf CE~fP3 9610160258 961007 t:hPv PDR STPRG ESGN~DR AIr-JD-'-/
Bernard 8. Freedman, Esq. 2.
concentration of radon in a sample of gas. DOH used alpha track detectors which are designed to measure the radioactivity of radon in an enclosed air space over a long period of time. Both instruments are generally accepted in the scientific community as being reliable and producing accurate results, but the procedures involved are quite different. The Department did not cap the wells for ninety days and take the sample from a closed system because this would not have met our objective of measuring the concentration of radon that is being emitted to the air; it would have instead measured the concentration of radon that could be trapped within the landfill itself.
The wells were covered the day before the samples were taken only to prevent outside air from entering the sampling device and diluting the sample.
The Department shares the Board of Education's desire to obtain an accurate measure of radon released through the flare. Turning off the flare and sampling the individual wells will not provide that measure. The operation of the blowers (which are part of the flare system) could have an effect on the concentration of radon in the extracted gas. The only way to detennine that effect is to measure the radon in the gas that is supplied to the flare. The Department will do this quarterly, beginning in October or November (the exact date has not yet been determined), for at least the first year of operation. Future sampling events will be based on the results of the first four samples.
The Department will provide you with a copy of all analytical results and an assessment of the impacts of the radon emissions. If the Department finds at any time that the emissions may have an adverse impact upon those in the vicinity of the landfill, we will take immediate action, consistent with our legal authority, to insure that any potential threat is eliminated.
If you would like to discuss this further, please feel free to call Barbara Youngberg at 518-457-2225. Ms. Youngberg supervises the Radiation Section and is familiar with all aspects of the radon sampling at the Niagara Landfill.
Sincerely, Deborah W. Christian Associate Attorney cc: Karim Rimawi, New York State Department of Health Craig Gordon, US Nuclear Regulatory Commission, Region I Dennis Sollenberger, US Nuclear Regulatory Commission, Office of State Programs Gerald Mikol, Regional Director, NYSDEC Region 9 Abby Snyder, Regional Attorney, NYSDEC Region 9
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A'ffORNE\'S AT LAW: F PAI.JL NORTON, l90l-L97Sl BERNARD B FREEOMAN W LAVERNE BALDWIN tl909-199li DAVID A HOOVER GERAL:> L RADIN LECAI. .'5SlSi,>.:.rs
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.716) 875-1*\06 FAX . 875-1324 NIAGARA COl.:Nrr' OFFICE 84 SWEENEY STRE..r'f N TONAWANDA.NY 14120-5804 171t11 &9J.: 12s FAX 61)3.~57.;
Septemb er 18, 1996 Mr. Paul Merges, Chiet Bureau of Radiati on
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""'~DEC MYS Departm ent of Environ mental Conserv ation 50 Wolf Road Albany, New York 12223 RE: Niagara Landfil l Samples
Dear Mr. Merges:
Recentl y the City of Tonawanda School Distric t was informe d of an environ mental situatio n that may have an adverse impact on the student ~ of our distric t. As the attorne y tor the City of Tonawanda School Distric t, it is my duty and obligat ion to protect the interes ts of the school board.
The School Board has authoriz ed me to request that a new radon sample be taken of the Niagara Landfil l and natural ly occurrin g soils using similar methods and accepta ble scienti fic practic es in order to accurat ely determi ne the real radon emissio ns coming :from the landfil l, one which meets the criteri a necessa ry for an accurat e radon emissio n reading .
Accordi ng to Mr. William Watson, a member of the City of Tonawan da Board of Educatio n, the extract ion of gases from the Niagara landfil l is dangero us and unaccep table as high levels of radon gas will be emitted into the air of the City of Tonawan da.
Mr. Watson, who holds his Master' s degree in geology , states that in order to determi ne if radon emissio ns are accepta ble one must perform a sample in a closed system (in situ) usually for 90 days. The Board has been told that the Departm ent of Environ mental Conserv ation, in its study of radon emissio ns of the Niagara Landfi ll, capped the wells for only one day and found the radon emissio ns to be accepta ble. It has been indicate d to the Board that the test does not meet accepta ble scienti fic practic es and therefo re the results are unrelia ble. These results , if true, may be determi ned to have been obtained in a neglige nt manner.
Mr. Paul Merges
~eptembe r 18, 1996 Page 12 It has been indicated to us that in a valid scientifi c experime nt, landfill wells and soil wells must be capped for the aame period of time under similar condition s, and radon measured with aimilar instrumen ts in the same way. The Board of Education insists that a proper sampling be taken of the area to accuratel y determine the real radon emissions due to the extractio n of gases.
The Board has authorize d me to take any necessary legal steps to compel an accurate finding of the real radon emissions at the Niagara Landfill. With your cooperati on, I believe this problem can be solved without judicial intervent ion. It is suggested that the DEC immediate ly direct BFI to turn off the blowers until such time as it is ascertain ed that there is no adverse effect on the environme nt from the emission of radon from the landfill.
Please inform this office of the new dates for radon testing of the Niagara Landfill.
Thank you.
Very truly yours, NORT~'./ IN/Ho ov;/F~
I '1-tvil /7
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rnard B. Freedman, Esq.
BBF/mn CC: Mr. James Holler Superinte ndent Tonawanda City School District
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