ML20014E735

NRC - DEQ - EPM Telecon Notes

ML20014E735
Person / Time
Site:	07000925
Issue date:	04/17/2019
From:	- No Known Affiliation
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
Download: ML20014E735 (44)

Text

NRC - DEQ - EPM Telecon Notes April 17, 2019 Attendees:

Ken Kalman Christine Pineda Paul Davis Ron Burrows Esther Houseman Jordan Caldwell Lifeng Guo Mike Broderick Administrative Issues Proposed Budget for 2019 - EPM submitted Proposed 2019 Budget - Rev 1 on April 1, 2019.

Once NRC and DEQ approve this revised budget, EPM will execute contracts for work extending through 2019. Because the proposed budget included a scope of work which provided for both characterization and well installation, the approval letter may contain language prohibiting the installation of groundwater extraction wells, treated water injection wells, and monitoring wells. An approval letter from NRC is under review.

Action Item: NRC and DEQ will finalize approval letters.

Notes from April 4-5, 2019 Meetings - Draft notes will be prepared and sent to NRC and DEQ for review the week of April 22nd. Final notes will be sent after receiving comments.

Action Item: EPM will send draft notes by COB 4/19. NRC and DEQ will provide comments and EPM will finalize.

Definition of Licensed Site - Figures 6-1 and 6-2 in Facility Decommissioning Plan - Rev 1 depicted the areas which EPM proposed to remain under license. NRC asked if EPM would object to keeping Subareas F, G, and N in the license. The benefit is that the area within which EPM will be managing licensed material includes the road between Burial Area #1 (BA1) and the Western Area Treatment Facility (WATF). The drawback is the potential for requiring final status survey of significant acreage that has already been determined to be releasable and has little or no potential to be contaminated by decommissioning operations.

Action Item: NRC and EPM will discuss this further in the future. EPM will provide NRC an annotated figure showing the combined licensed area if only a corridor between BA1 and the WATF were included in the definition of the licensed areas.

Licensing/Permitting Issues Tc-99 in Discharge -It is not known if Tc-99 will pass through both the ion exchange and biodenitrification systems in the WATF. If it does, it is anticipated that the concentration of Tc-99 in the effluent from the WATF, which will be discharged to the Cimarron River via Outfall 001, will be well below the primary drinking water standard of 900 pCi/L (as determined by EPA). When an application for an OPDES discharge permit was submitted, it did not include Tc-99 as a potential pollutant in the discharge from Outfall 001.

EPM contacted Torrie Wale, Engineer in the Industrial Permitting Section of the DEQ Water Quality Division (WQD) to explain the situation. WQD requested sufficient information that

they can determine if the potential presence of Tc-99 in the effluent will require an application for modification of the OPDES permit.

Tc-99 is not present in the groundwater in Burial Area #1, so Tc-99 is not a potential pollutant in the discharge from Outfall 002.

Action Item: EPM will send information to DEQ to determine if an application for a permit modification is needed.

Tc-99 in Injected Water If Tc-99 is present in the effluent from the WATF, a portion of the effluent will be injected into injection components in the western areas. When EPM submitted a request for approval to inject from the DEQ Underground Injection Control (UIC) program, the request addressed uranium and nitrate, but not Tc-99.

Action Item: EPM will submit a letter to the DEQ Underground Injection Control (UIC) program, advising them of the potential presence of Tc-99 in the treated water that will be injected in the western areas.

Annual Environmental Monitoring Program Collection of groundwater and surface water samples specified in Section 15 of the Radiation Protection Program will begin the week of May 13th. Samples will be analyzed for gross alpha and beta, uranium (both mass and activity), nitrate, and fluoride.

NRC has requested information on the anticipated concentration of Tc-99 in influent, wastes generated by the treatment systems, and effluent. Analysis of groundwater samples for Tc-99 was discontinued after the 2012 sampling event, and only samples from wells for which groundwater met specific gross beta criteria were sampled for Tc-99. Consequently, there is very little data outside of select monitor well locations in and downgradient from Uranium Pond

1. 1 (UP1) and Uranium Pond #2 (UP2). Estimated Tc-99 concentrations are based on data obtained from 2003 through 2012, and for numerous locations, this includes only two sampling events. Consequently, while the sampling crew is on site, samples will be collected from a number of wells in the western area for analysis for Tc-99.

Dissolved organics in the groundwater extraction trench constructed in Burial Area #1 during the pilot test appears to have created reducing conditions in an area surrounding that trench. The concentration of uranium in groundwater near and downgradient from the trench appears to have decreased significantly. Measurement of dissolved oxygen (DO) and oxidation-reduction potential (ORP) Redox parameters and low-flow groundwater sampling for analysis to evaluate redox conditions was conducted in September 2017 and January 2018. Additional DO and ORP measurements and sampling for ORP will be conducted in BA1 in conjunction with the annual environmental sampling event.

Action Item: EPM will prepare an activity plan that includes these three aspects of groundwater sampling and analysis, and schedule the field work and contract for the laboratory analyses.

Decommissioning Issues Response to Request for Supplemental Information Addressing Tc-99 in several aspects of the responses to requests for information is requiring significant time. This will delay submission of the response. The problem is that only elevated gross beta results would trigger Tc-99 analysis, so there is no data for several areas from which groundwater will be extracted. We are trying to develop defensible conservative estimates of Tc-99 concentrations in the influent to the WATF. Due to the high bias resulting from the collection of samples in only high locations, actual influent concentrations, as well as potential Tc-99 concentrations in wastes and/or effluent, will be high.

Action Item: EPM will submit a response to the request for supplemental information by COB April 26, 2019.

Tc-99 in Influent and Waste If Tc-99 is extracted by the ion exchange resin, that will not create a problem, since spent resin will be disposed of as LLRW whether or not the resin contains Tc-99. If Tc-99 passes through the ion exchange resin and accumulates in the biomass, discussions with DEQ indicate that the biomass cannot be disposed of in a landfill in Oklahoma. Whether low concentrations of Tc-99 in the biomass would cause it to be regulated as LLRW is not known.

NRC indicated that Tc-99 is typically present in an anionic state in oxidizing groundwater. If so, the ion exchange resin may remove Tc-99 from the groundwater, and it wont accumulate in the biomass. Running a batch treatability test may be a very economical way to determine if the Ambersep 21K will absorb the Tc-99.

DEQ recommended meeting with Solid Waste personnel to discuss whether or not it may be possible to dispose of the biomass on-site. That would require either approval to dispose of industrial waste on site or a permit modification providing for on-site disposal of the biomass.

Action Items:

1. EPM will evaluate the cost impact if biomass must be disposed of as low level radioactive waste (LLRW).

2. EPM will look into the possibility of conducting a batch test to see if Ambersep 21K will remove Tc-99 from site groundwater.

3. EPM will meet with DEQ Land Protection personnel and Water Quality Division personnel to evaluate the potential for on-site disposal of biomass.

Characterization and Well Abandonment The proposed budget for 2019 included funding for several activities, including:

• Clearing access to proposed locations for extraction and monitoring wells.

• Determining the vertical distribution of uranium at the proposed locations of extraction wells.

• Collecting soil samples at extraction well locations for grain size distribution analysis to appropriately specify filter pack material.

• Installing all of the proposed groundwater extraction wells, treated water injection wells, and monitoring wells.

• Abandoning monitor wells that no longer serve a useful purpose for either characterization or in-process remediation monitoring.

During meetings conducted in NRC headquarters April 4th and 5th, NRC advised EPM that they will not approve any work that would be considered decommissioning, including construction of components such as extraction or injection wells. Even the installation of in-process monitoring wells should be considered decommissioning.

In a letter dated April 16, EPM submitted a proposed scope of work for all the above activities except installation of wells, because all the rest of the work is related to characterization rather than installation of decommissioning components. Upon approval of the proposed budget for 2019 and the proposed scope of work, that work will be authorized.

Action Item: NRC and DEQ will review the proposal and determine if approval to perform this scope of work, but not the entire scope of work proposed for the 2019 budget needs to be addressed in the budget approval letter, or only in the approval of this letter.

?

NRC - DEQ - EPM Telecon Notes May 15, 2019 ATTENDEES:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Mike Broderick Jeff Lux Karen Pinkston ADMINISTRATIVE ISSUES Proposed Budget for 2019 EPM submitted Proposed 2019 Budget - Rev 1 on April 1, 2019. Once NRC and DEQ approve this revised budget, EPM will execute contracts for work extending through 2019. DEQ approved the proposed budget in a letter dated April 30th, with language prohibiting the installation of groundwater extraction wells, treated water injection wells, and monitoring wells.

An approval letter from NRC is in management review.

Action Item: NRC will issue an approval letter containing language similar to the prohibition in DEQs approval letter.

Notes from April 4-5, 2019 Meetings Draft notes will be prepared and sent to NRC and DEQ for review the week of April 22nd. No comments were received, and final notes were sent on May 3, 2019.

Action Item: No further action required.

LICENSING/PERMITTING ISSUES Definition of Licensed Site - Figures 6-1 and 6-2 in Facility Decommissioning Plan - Rev 1 depicted the areas which EPM proposed to remain under license. NRC asked if EPM would object to keeping Subareas F, G, and N in the license. EPM will send a letter proposing to release Subareas G and N, but to retain Subarea G and a corridor along the road between Subarea F and the Western Area Treatment Facility (WATF) so that spent resin containing licensed material does not leave the licensed site between licensed areas. Licensed material will only leave the licensed area when it is leaving the site to transport to a disposal facility licensed to receive low level radioactive waste.

Action Item: EPM will submit a letter with proposed revisions to Section 6 of the decommissioning plan, proposed revisions to Figures 6-1 and 6-2 (showing the subarea boundaries and the extent of groundwater exceeding the DCGL), and a proposed Figure 6-3, showing the proposed licensed area between Subarea F and the WATF.

Tc-99 in Discharge It is not known if Tc-99 will pass through both the ion exchange and biodenitrification systems in the WATF. If it does, it is anticipated that the concentration of Tc-99 in the effluent from the WATF, which will be discharged to the Cimarron River via Outfall 001, will be well below the primary drinking water standard of 900 pCi/L (as determined by EPA). When an application for an OPDES discharge permit was submitted, it did not include Tc-99 as a potential pollutant in the discharge from Outfall 001.

DEQ Land Protection Division and Water Quality Division (WQD) explained that the water quality standards for the designated beneficial uses of the Cimarron River do not include standards for either gross beta or Tc-99. Emergency Public Water Supply is a designated beneficial use that, although it does not apply to the Cimarron River, does have a water quality standard of 50 pCi/L gross beta.

WQD requested sufficient information that they can determine if the potential presence of Tc-99 in the effluent will require an application for modification of the OPDES permit. EPM sent a letter addressing the potential presence of Tc-99 in effluent on May 3, 2019. Additional information will be provided after analysis of groundwater samples for Tc-99 and a batch treatability test have been conducted.

Action Item: EPM will submit additional information on the potential for Tc-99 to be in effluent after analysis of groundwater samples for Tc-99 and a batch treatability test have been conducted. DEQ will inform EPM if the water quality standard for gross beta emissions in Emergency Public Water Supply will be a likely limit to be applied to the discharge permit.

Tc-99 in Injected Water If Tc-99 is present in the effluent from the WATF, a portion of the effluent will be injected into injection components in the western areas. When EPM submitted a request for approval to inject from the DEQ Underground Injection Control (UIC) program, the request addressed uranium and nitrate, but not Tc-99.

DEQ requested sufficient information that they can determine if the potential presence of Tc-99 in the injected water will require additional notification. EPM sent a letter addressing the potential presence of Tc-99 in effluent water to be injected on May 3, 2019. Additional information will be provided after analysis of groundwater samples for Tc-99 and a batch treatability test have been conducted.

Action Item: EPM will submit additional information on the potential for Tc-99 to be in effluent after analysis of groundwater samples for Tc-99 and a batch treatability test have been conducted. DEQ will inform EPM if additional notification of the potential presence of Tc-99 in injectate is needed.

Annual Environmental Monitoring Program Collection of groundwater and surface water samples specified in Section 15 of the Radiation Protection Program will begin the week of May 20th. Samples will be analyzed for gross alpha and beta, uranium (both mass and activity), nitrate, and fluoride.

In an e-mail dated May 13, 2019, EPM proposed to analyze samples from a number of wells in both the western area and Burial Area #1 for gross alpha/beta and Tc-99. Adding these analyses for samples already being collected for the annual environmental monitoring program will minimize the cost impact, since samples are already being collected from many of those locations.

Low flow collection of DO and ORP measurements and samples to be submitted for uranium analysis will be conducted in BA1 in conjunction with the annual environmental sampling event.

Collecting a groundwater sample using low flow sampling techniques prior to collection of the samples using the standard well purging method will enable the project team to determine if the uranium concentration data which came from recent low flow sampling events is truly representative of the uranium concentration in formation groundwater.

Action Item: DEQ and NRC will review the proposal for additional sampling and analysis and will approve, modify, or reject the plan on or before June 7, 2019.

DECOMMISSIONING ISSUES Response to Request for Supplemental Information The response to NRCs February 20, 2019 request for supplemental information was submitted to NRC and DEQ on May 7, 2019. The submittal included hard copies of the cover letter and responses, with all attachments and enclosures on DVD. EPM will submit this document, excluding the native groundwater flow model input data, to the NRC Public Document Room as soon as the files can converted to pass the NRC screening criteria.

Action Item: NRC and DEQ will review and comment on or approve the responses to the requests for supplemental information.

Tc-99 in Influent and Waste If Tc-99 is extracted by the ion exchange resin, that will not create a problem, since spent resin will be disposed of as LLRW whether or not the resin contains Tc-99. If Tc-99 passes through the ion exchange resin and accumulates in the biomass, discussions with DEQ indicate that the biomass cannot be disposed of in a landfill in Oklahoma. Whether low concentrations of Tc-99 in the biomass would cause it to be regulated as LLRW is not known.

NRC indicated that Tc-99 is typically present in an anionic state in oxidizing groundwater. If so, the ion exchange resin may remove Tc-99 from the groundwater, and it wont accumulate in the biomass. Running a batch treatability test may be a very economical way to determine if the Ambersep 21K will absorb the Tc-99.

In a letter dated May 3, 2019, EPM submitted a letter providing the Tc-99 data obtained from 2003 through 2012 (the last year in which groundwater samples were analyzed for Tc-99). Due to data quality issues related to this old data, EPM recommends conducting additional groundwater assessment (for Tc-99), and performing a batch treatability test. The results of these efforts will assist in the evaluation of the potential for Tc-99 to be captured by ion exchange resin or biomass, and/or be present at detectable concentrations in the effluent, some of which will be discharged to the Cimarron River, and some of which will be injected in western upland areas.

Action Items: NRC and DEQ will review the May 3, 2019 letter and provide comment. EPM will develop a scope of work describing the groundwater assessment, design and conduct of a batch treatability test, and evaluation of the data. The submittal will include the estimated cost of this work. If the estimated cost is less than the approved budget for unanticipated work, EPM will request approval to perform that work and report the cost under Task 6, Unanticipated Work. If the estimated cost is greater than the approved budget for unanticipated work, EPM will request approval to perform that work under a budget supplement. This would require expedited approval, since delaying this work could delay the final review and approval of the decommissioning plan.

Scope of Work for Characterization and Well Abandonment EPM submitted a proposed scope of work for the assessment of the vertical distribution of uranium in groundwater at the locations of planned groundwater extraction wells in alluvial material. The scope of work included the abandonment of a number of monitor wells. NRC and DEQ agreed that the assessment of the vertical distribution of uranium constitutes characterization and will provide the needed information to specify screened intervals in the 90%

design for extraction well construction. This work can be performed prior to approval of the decommissioning plan. Monitor well abandonment, although not technically characterization, is not decommissioning, and most of the wells proposed for abandonment are located on Cimarron Holdings property.

Action Item: NRC and DEQ will evaluate the proposed scope and work and notify EPM if the work can be performed as proposed.

Soil Placed in Subarea B During review of the decommissioning plan, NRC personnel noticed that sediment excavated from the 1206 Drainage were to be mixed with spoils excavated from injection trenches, and them placed in Subarea B, which has been released from the license. Although this is a planned decommissioning activity, the decommissioning plan did not provide information regarding how this material would be surveyed to demonstrate that the material placed in Subarea B does complies with the criteria for unrestricted release.

Action Item: EPM will submit a letter containing a final status survey plan for material placed in Subarea B. The final status survey plan will comply with NUREG/CR-5849 requirements

for an affected area. Any material exceeding the decommissioning criteria will be removed, drummed, and shipped for disposal as low level radioactive waste. The letter will contain proposed revisions to the text of the decommissioning plan and will likely include a figure illustrating the layout of the final status survey grid.

Revision of Decommissioning Plan Figures Several of the figures submitted with the decommissioning plan contain designations for remediation subareas in the legend that are different from the designations for those areas in the text.

During review of the decommissioning plan, NRC personnel noticed that although Figures 6-1 and 6-2 show the boundaries of the proposed licensed areas in the western area and Burial Area

1. 1, respectively, the figures do not show the area within which the concentration of uranium exceeds the decommissioning criterion. Consequently, it is not obvious that the proposed licensed area encompasses the plumes (including a buffer area), and it is not easy to determine how the proposed licensed areas relate to the former Subareas.

Action Item: EPM will submit proposed revisions to all figures that identify remediation subareas in the legend, with corrected remediation subarea designations. Proposed revisions to Figures 6-1 and 6-2 will be submitted along with the proposed Figure 6-3 when EPM submits a proposal to redefine the licensed area.

NEXT TELECONFERENCE The next Cimarron status teleconference will be conducted at 1:30 Central Time, 2:30 Eastern Time, on Wednesday, May 29th.

Note: the teleconferencing vehicle that has been used since 2011 is being replaced by a Skype teleconferencing platform. Call-in and passcode information will be updated, and will appear both in the header of the next meeting agenda and in the e-mail to which that agenda will be attached.

NRC - DEQ - EPM Telecon Agenda May 29, 2019 Page 1 of 3 Attendees:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Jordan Caldwell Jeff Lux Christine Pineda Reginald Augustus Karen Pinkston Administrative Issues Proposed budget for 2019 The proposed budget for 2019 submitted April 1, 2019 was approved by both NRC and DEQ.

Both letters say not to install wells and trenches. No further action is required.

Uploading Documents to ADAMS In 2017, EPM began to submit documents to the NRCs Public Document Room using the Electronic Information Exchange (EIE). Quite a few of those documents do not appear in ADAMS. I dont know if thats because they didnt comply with EIE protocol, or if thats because the Document Processing Center is waiting for NRC approval to make them available in the public library. Also, many of the documents referenced in the D-Plan cannot be uploaded because the files have a resolution less than 300 dpi, and we have no paper copies of those documents. EPM will provide the NRC a list of the documents that have been submitted but are not in the public library, reference documents that have been accepted but which are not yet in the public library, and reference documents that cannot be uploaded due to resolution.

NRC will see if there is a way to get the older reference documents in the public library.

Decommissioning Issues Response to request for supplemental information The response was submitted to NRC and DEQ on May 7, 2019. NRC will review and notify EPM if any of the responses were not sufficient to continue the detailed technical review of the decommissioning plan.

Scope of work for characterization and well abandonment A letter containing a proposed scope of work for the characterization and well abandonment was submitted to NRC and DEQ on April 16, 2019. This letter provided a more detailed description of the work that will be performed than was contained in the proposed budget for 2019.

Construction of an access road in the WAA BLUFF area and vertical distribution evaluation will be scheduled as soon as NRC and DEQ approve the scope of work and the floodplain dries out enough to go to work. NRC and DEQ will approve or comment on the proposed scope of work.

Tc-99 in influent, effluent, and waste A letter dated May 3, 2019 discussed the past sampling of groundwater for analysis for Tc-99, and the lack of site-wide Tc-99 concentration data. The letter described the attempt to determine an influent concentration based on the data that is available. The capability of the ion exchange resin to remove some or all of the Tc-99 from the groundwater is not known. Should the effluent

NRC - DEQ - EPM Telecon Agenda May 29, 2019 Page 2 of 3 from the ion exchange system contain Tc-99, it may impact the biomass generated by the denitrification process or be present in the effluent that will be either discharged to the Cimarron River or injected into the upland areas. The letter proposes to conduct an assessment of Tc-99 in groundwater and conduct a batch treatability test. See the next three items for actions to be taken relative to this issue.

Scope of work for batch treatability test and Tc-99 assessment Once the scope of a treatability test can be defined, a letter will be submitted proposing both Tc-99 groundwater assessment and a batch treatability test. At this time, it is hoped that the cost of groundwater assessment can be allocated to the Site Decommissioning task in the proposed budget for 2019, and the cost of the batch treatability test can be allocated to the Unanticipated Work task in the proposed budget for 2019. EPM will identify a scope of work and submit a letter proposing groundwater assessment for Tc-99 and conduct of a batch treatability test.

Addressing Tc-99 in discharge permit The May 3, 2019 letter on the impact of Tc-99 on influent, waste, and effluent was sent to Carol Paden (DEQ Water Quality Division). EPM will contact Ms. Paden to discuss the path forward as it relates to the existing discharge permit.

Addressing Tc-99 in UIC Program The May 3, 2019 letter on the impact of Tc-99 on influent, waste, and effluent was sent to Hillary Young (DEQ Land Protection Division - Underground Injection Control Program).

EPM will contact Ms. Young to discuss the path forward as it relates to Underground Injection Control Program requirements.

Redefinition of the licensed area NRC personnel contacted EPM to discuss their concerns related to Section 6.3 of Facility Decommissioning Plan - Rev 1 (the DP). Redefining the licensed area as proposed would require the release of most of Subareas F, G, and N from the license. The NRC stated that a confirmatory survey of subsurface soil has not been performed in Subarea F and cannot therefore release Subarea F from the license. The NRC has agreed that Subareas G and N are releasable, but would prefer to have one contiguous licensed area rather than two separate licensed areas, particularly when personnel will be moving on a regular basis between them. A letter proposing revisions to the decommissioning plan which address these concerns is being reviewed by EPM, Burns & McDonnell, and Enercon personnel. The plan is to retain Subarea F in the license and obtain release of those portions of Subareas G and N outside of a corridor along the road between Subarea F and the WATF to license. Figures 6-1 and 6-2 will be revised and Figure 6-3 will be added to show the entire site and all licensed areas. All three figures will also be revised to show the areas within which uranium exceeds the DCGL as well as the boundaries of Subareas. EPM plans to submit this letter to the NRC and the DEQ by June 7, 2019.

Sediment/spoils mixture placed in Subarea B NRC personnel contacted EPM to discuss their concerns related to the remediation of sediment in the 1206 Drainage, as described in Section 8.2.4 of the DP. According to Section 8.2.4, sediment in the drainage (an area that has already been released from the license) will be mixed with spoils from Subarea O (an area that has already been released from the license) and placed

NRC - DEQ - EPM Telecon Agenda May 29, 2019 Page 3 of 3 in Subarea B (an area that has already been released from the license). The NRCs concern is that although none of the samples of sediment collected for the final status survey report exceeded the license criterion, some of the excavated sediment may exceed the license criterion.

The NRC requested that EPM commit to a survey of that material to identify any sediment/spoils mixture that exceeds the criterion. A letter proposing revisions to Section 8.2.4 of the DP is being reviewed by EPM, Burns & McDonnell, and Enercon personnel. The plan is to establish a grid on the placed material, obtain samples of the mixture for laboratory analysis, and demonstrate that the material complies with the license criterion. EPM plans to submit this letter to the NRC and the DEQ by June 7, 2019.

Survey of all subsurface material brought to the surface NRC personnel contacted EPM to discuss their concerns related to the survey of all subsurface material that is brought to the surface during construction or remediation activities. The commitment to survey all such material is not present in either the DP or Radiation Protection Plan - Rev 4. A letter proposing revisions to Section 12.5.1 of Radiation Protection Plan - Rev 4 is being reviewed by EPM and Enercon personnel. EPM plans to submit this letter to the NRC and the DEQ by June 7, 2019.

Revision of decommissioning plan figures to correct remediation area designations The legend in several of the figures in the DP use different names for the remediation subareas than are used in the text of the DP. A letter proposing revisions to those figures is being reviewed by EPM and Burns & McDonnell personnel. EPM plans to submit this letter to the NRC and the DEQ by June 7, 2019.

Historic and Cultural Resources The NRC has sent a letter to the State Historic Preservation Office, requesting a Section 106 review. The State Archaeologist has informed the NRC that an on-site survey will be needed.

NRC will send letters to tribes next week. After receiving responses from the tribes, the NRC will notify EPM regarding what kind of survey will be required.

Next Meeting The next meeting is scheduled for June 26, 2019, at 2:30 Eastern Time, 1:30 Central Time.

Meeting with Oklahoma Department of Environmental Quality July 23, 2019 Meeting Attendees:

• Paul Davis, Land Protection Division (LPD) - DEQ Project Manager

• Carol Paden, Torrie Wale and James Grim, Water Quality Division (WQD) - OPDES permitting

• Mike Broderick and Jordan Caldwell - Radiation Management

• David Cates - Solid Waste

• Ray Roberts - Risk Management and Groundwater

• Jeff Lux - EPM Project Manager Paul Davis started out with an introduction of the Cimarron Project, using a Powerpoint presentation from our April meeting in Rockville. Disposition of Waste Meeting w/ DEQ (Attachment 1) was distributed to present some information on the wastes that would be generated. Sediment was the initial focus of the meeting, which addressed all wastes generated in the processing of groundwater, and Carol Paden clarified DEQs position on the sediment as well as waste generated by water treatment process. The following is a summary of the meeting.

Sediment A page from the OPDES permit (Attachment 2) was displayed on the monitor. Carol Paden said that the DEQ Water Quality does not consider sediment filtered out of the influent stream prior to ion exchange treatment to constitute Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewater. They have taken the position that the treatment or control of wastewater begins when treatment starts. This would be when the first step (monitoring pH to determine the amount of acid needed) in treating the water begins. Prior to the addition of acid, the water is groundwater, not wastewater; once acid is added and ion exchange processing begins, it becomes wastewater. Consequently, WQD defers regulation of the sediment to LPD.

Paul Davis noted that the filtration of sediment creates either one or two waste streams. If a cartridge is the kind from which sediment cannot be removed, the [sediment + cartridge] is a single waste stream. If some or essentially all of the sediment can be removed from the cartridge, there could be two waste streams: 1) sediment and 2) used cartridges. If only sufficient sediment was removed to collect a sample for laboratory analysis, there would still be only a single waste stream.

Mike Broderick confirmed his position that if the sediment contains uranium at a concentration exceeding the mean plus two sigma value of 2.8 pCi/g, or a detectable concentration of Tc-99 (Ill refer to this as the sediment criteria), neither the sediment nor the cartridge can be disposed in a landfill in Oklahoma.

If the sediment complies with the sediment criteria, it can be put in a dumpster and disposed of in a municipal solid waste facility. If the sediment does not comply with the sediment criteria, the sediment and cartridge can be shipped to a licensed disposal facility as LLRW.

If it is worth removing most of the sediment from the filter, the sediment can be placed in the same area as the 1206 Drainage sediment/sand mixture, where it will eventually be surveyed per the June 7 submittal regarding the radiological survey of that material. Then only the cartridges would have to be shipped as LLRW. If the cost of LLRW disposal is volume-based (i.e., $ per cubic foot), not weight-based for all three licensed disposal facilities, theres no benefit to trying to remove sediment from the cartridges, except to obtain a sample for laboratory analysis.

Biomass Jeff Lux explained that the amount of biomass generated is a function of the concentration of nitrate in the influent. As the concentration declines, the amount of biomass declines. The concentration of uranium and/or Tc-99 in the biomass increases as the concentration of nitrate decreases. Both Veolia and the NRC have stated that they believe that any uranium or Tc-99 not captured by the ion exchange resin will be taken up by the biomass (and precipitated solids, collectively referred herein as biomass).

If the biomass contains detectable uranium or Tc-99, it must be disposed of as industrial waste -

LLRW. If it does not contain detectable uranium or Tc-99, it can be disposed of in an industrial waste landfill. Onsite disposal of biomass is not a viable option; to dispose of it on site. To dispose of industrial waste onsite would require a permit for and construction of an industrial waste landfill complying with DEQ regulations for an industrial waste landfill, and theres nowhere on Trust property that could meet those requirements (primarily 5 of separation between waste and groundwater).

If the biomass contains detectable uranium or Tc-99, and the sediment exceeds the sediment criteria, probably the most economical solution would be to put the [sediment + cartridge] in the container with the biomass and ship it all to a licensed disposal facility.

Addressing Tc-99 in the OPDES Permit Carol Paden and Paul Davis both said that they agree with Veolias assertion that any uranium or Tc-99 that comes to the bioreactor will be captured in the biomass. Based on the May 3 letter on Tc-99in influent, waste and effluent, the concentration of Tc-99 in the influent is estimated to be less than the drinking water criterion. DEQ wants an updated, more widely distributed set of Tc-99 data for groundwater, and a revised estimate of the concentration of Tc-99 in the influent.

They also want an estimate, based on that data, of what the maximum potential concentration of Tc-99 will be in the effluent.

If the concentration of Tc-99 in the influent is estimated a less than 900 pCi/L, WQD will not include a permit limit for either Tc-99 or gross beta and will not require monitoring or reporting of Tc-99 concentrations under the OPDES permit. There will be no permit modification.

This will require some minor revisions to the in-process monitoring and waste characterization letter being drafted to address this. The proposed scope of work, cost, and cost allocation for Tc-99 groundwater assessment needs to be submitted as soon as possible.

Treatability Testing for Tc-99 While discussing the concentration factor for Tc-99 in biomass, DEQ understood that knowing that the concentration of Tc-99 in the effluent from ion exchange is less than the detection limit doesnt tell us that Tc-99 wont be detectable in the biomass. They asked, Then whats the benefit of running a batch treatability test? Treatability testing can tell us two things:

1. How much of the Tc-99 will the resin remove from the groundwater? Theres a big difference between removing 50% and 99% of the Tc-99, and if Tc-99 is not detected in the effluent, that doesnt mean that its right at the detection limit - it could be not present!

2. What if the removal of Tc-99 causes the resin to be spent before the removal of uranium does? This is not expected to be the case, because although the activity concentration of the Tc-99 may be higher than the activity concentration of uranium in the influent, Tc-99s specific activity is so much higher than uraniums, that the mass concentration will be orders of magnitude below that of uranium, and ion exchange is a mass-based process, not an activity-based process. A batch treatability test can provide this kind of information.

DEQ agreed that it would be best to conduct the Tc-99 groundwater assessment before we fully define the treatability test that should be conducted.

They also asked what kind of treatability test would need to be conducted to determine if the biomass will contain detectable Tc-99. Conducting a bench scale treatability test that included both ion exchange (duplicating the proposed treatment process as closely as possible) and biodenitrification could provide this information. Sufficient groundwater would need to be processed to generate enough biomass for laboratory analysis. That may provide somewhat definitive results for how much Tc-99 may be present in the biomass. The DEQ said theres no way they would want to conduct such a test for two reasons: 1) cost and 2) schedule delay. They said they would much rather just start treating water and see whats in the biomass. As long as EPM is prepared to dispose of the biomass either as industrial waste or as industrial waste -

LLRW, theres no need to pin that down now.

Schedule DEQ asked about the schedule for these two submittals: Tc-99 assessment and in-process monitoring and waste characterization.

Adding Tc-99 to the License The NRC has informed EPM that unless the groundwater treatment process will not generate more than an exempt quantity of Tc-99, Tc-99 will have to be added to the license. The NRC requested a revision to Section 6 of the DP which includes a proposed possession limit and a proposed release criterion for Tc-99 in groundwater.

ATTACHMENT 1 DISPOSITION OF WASTE MEETING W/ DEQ

Disposition of Waste Meeting w/ DEQ July 23, 2019 Two Areas - Two Wastes Burial Area #1 Filtration removes sediment > 10 microns from influent to prevent plugging of resin during ion exchange treatment for uranium. Because uranium concentrations are high in groundwater, sediment is likely (at least initially) to contain uranium significantly exceeding its mean plus two sigma value of 2.8 pCi/g.

Western Area Filtration removes sediment > 10 microns from influent to prevent plugging of resin during ion exchange treatment for uranium. Because uranium concentrations are much lower in groundwater, sediment may not contain uranium exceeding its mean plus two sigma value of 2.8 pCi/g. But because Tc-99 is present in groundwater, sufficient Tc-99 may be sorbed onto the soil that Tc-99 is detectable in sediment.

After moving through ion exchange vessels, western area groundwater will undergo biodenitrification to remove nitrate from the groundwater. This will result in the generation of biomass and potentially precipitated solids (collectively biomass). It is believed that any uranium or Tc-99 that makes it through ion exchange will be adsorbed by the biomass.

Waste Classification Sediment WQD has verbally stated that because this sediment represents soil that is produced by groundwater extraction, and it is removed before treatment begins, this waste need not be considered an industrial waste. However, if the sediment from either area contains uranium exceeding 2.8 pCi/g or detectable Tc-99 (DL is 1 pCi/g), it cannot be disposed in a landfill in Oklahoma. It must either be disposed of on site (pending DEQ approval) or shipped to a licensed disposal facility as low level radioactive waste (LLRW).

Spent Ion Exchange Resin Spent resin will be mostly dried by a scrolling centrifuge, then mixed with an inorganic absorbent to soak up any free liquid. It will then be drummed for disposal at a licensed disposal facility as industrial LLRW.

Biomass Biomass is industrial waste because it is produced by the water treatment system. If it does not contain detectable uranium or Tc-99 it will be disposed of at an industrial waste landfill in Oklahoma. If it contains detectable uranium or Tc-99 it must be disposed of at a licensed facility as industrial LLRW.

Can we dispose of soil containing uranium exceeding 2.8 pCi/g or detectable Tc-99 on site if the concentrations are less than residential soil screening levels? We anticipate that this will essentially always be the case. Would we need to have a disposal plan that provides for 5 of separation between waste and groundwater? For this kind of soil, would we have to construct an engineered liner and cover?

ATTACHMENT 2 PAGE FROM OPDES PERMIT

Permit No. OK0100510 ID No. 1-42000560 G. OTHER DISPOSAL METHODS Page 2 Part II Solids, sludges, filter backwash or other pollutants removed that are regulated by the Nuclear Regulatory Commission or the Land Protection Division of DEQ shall be recorded to their standards.

Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewater, regulated by Water Quality Division, shall be disposed of in a state approved industrial waste disposal site or to a company for recycling.

If any such industrial wastes are removed from the facility, the permittee shall keep accurate records on site, which include the following information:

a.

Name and address of company hauling waste.

b.

The type and amount of waste hauled.

c.

The final disposal site of waste hauled.

Upon request, the above records shall be made available to the staff of the Department for inspection, review, and copying. Records will be kept for five years.

NRC - DEQ - EPM Teleconference Notes July 24, 2019 Page 1 of 5 Attendees:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Jeff Lux Karen Pinkston Note: Action items are shown in bold red italicized font.

Administrative Issues:

SharePoint Site Access E-mail invitations to access the CERT SharePoint Site were sent on July 17, 2019. Paul Davis served as the guinea pig to test accessibility. When Paul confirmed that he had received access, invitations were sent to all of those in attendance to this meeting. NRC personnel have not been able to access the SharePoint Site; it appears that the NRCs IT department is blocking access to the site. NRC will continue to attempt to gain access to the SharePoint Site.

Decommissioning Plan Review Schedule - The volume of information submitted and the fact that there are yet at least one more submittal yet to be received requires revision of the schedule for:

• Issuance of RAIs

• Responding to RAIs

• Reviewing the responses to RAIs

• Preparation of a Safety Evaluation Report (SER)

• Preparation of an Environmental Assessment (EA)

• Issuance of a license amendment approving Facility Decommissioning Plan - Rev 4 (the DP) as modified in accordance with previous submittals.

A meeting (or meetings) will be conducted on August 29, 2019 in Rockville, MD. The meeting(s) will have two objectives:

1. Provide a joint review (overview) of each of the primary submittals identified below, in an effort to determine the review that may be required to issue RAIs related to the submittal or the work that may need to be performed to respond to RAIs related to the submittal.

2. Collaborate on the development of a schedule for the six items listed above.

EPM has already made travel arrangements to attend the meeting. Veolia, Burns & McDonnell, and Enercon personnel will be available to contact for information, but they will not attend the meeting. NRC will determine if all or part of these meetings should be conducted as technical review or public meetings and issue public notice as appropriate.

Authorization to Possess Tc-99 in License Because the Tc-99 which presently exists only at low concentrations in groundwater will be concentrated in ion exchange resin, the NRC has determined that Tc-99 should be included in the list of radioactive material which the licensee is authorized to possess. Preparation of a license amendment request should be deferred until after a Tc-99 groundwater assessment is

NRC - DEQ - EPM Teleconference Notes July 24, 2019 Page 2 of 5 complete. EPM will conduct the Tc-99 groundwater assessment and then prepare and submit a license amendment request (LAR). NRC will confirm that this byproduct material can be added to the SNM license, and issuance of a separate license for byproduct material is not needed. The NRC may detach the review of this LAR from review of the DP because the addition of Tc-99 to the license is not necessary until construction is complete and groundwater treatment begins.

Proposed Budget for 2020 Immediately following the August 29 meeting, EPM will work with its vendors to generate a scope of work based on the agreed-upon schedule. That scope of work will be the basis for a proposed scope of work and budget for 2020. EPM will submit a proposed scope of work by the end of October 2019 if practical.

Purchase of Part of SW/4 of Section 12 EPM received a request from a potential buyer of the SW/4 of the SW/4 of Section 12, which is a portion of the approximately 140-acre parcel which Cimarron Holdings purchased last year. The buyer wanted to know if we could remove the use restrictions from the deed. EPM informed him that the use restrictions were to terminate upon termination of the Trust, and that will not happen until the late 1930s at the latest. He e-mailed a letter repeating his request, saying he had already put a deposit on the property. EPM will respond to the buyer, explaining that the use restrictions cannot be terminated in the foreseeable future.

High Priority Submittals Scope of Work for 2019 Characterization - Submitted April 16, 2019 This letter proposed as sequence of activities consisting of construction of an access road, conducting vertical profiling of uranium at extraction well locations, and abandonment of select monitor wells. IF the NRC or the DEQ consider the specification of well screen intervals to be part of a response to RAIs, then the review of this submittal is critical. This is because contracting, then mobilizing, then clearing and grubbing, then building the road, then doing the geoprobe work, then laboratory turnaround time, etc., make this a multi-month effort. Neither the NRC nor the DEQ have responded to this proposed scope of work. The NRC and the DEQ will comment upon or approve the proposal to perform this work.

Potential Impact of Tc-99 on Influent, Effluent, and Waste - Submitted May 3 This letter summarized the evaluation of Tc-99 data for groundwater. An estimate of the concentration of Tc-99 in influent to the Western Area Treatment Facility was provided, along with a description of the impact of Tc-99 on the ion exchange resin, biomass, and effluent. The letter proposed both a new assessment of Tc-99 in groundwater and the performance of a batch treatability test to assess the removal of Tc-99 by the selected ion exchange resin. Both the NRC and the DEQ have approved the proposed scope of work. EPM will submit the scope of work, cost, and cost allocation for Tc-99 assessment. EPM will submit a scope of work, cost estimate, and cost allocation for treatability testing after the Tc-99 data obtained during that assessment has been evaluated.

NRC - DEQ - EPM Teleconference Notes July 24, 2019 Page 3 of 5 Response to Request for Supplemental Information - Submitted May 7, 2019 This substantial submittal provided responses to NRCs request for supplemental information dated February 28, 2019. It included attachments that provided proposed changes to the DP and the Radiation Protection Plan (RPP) in redline-strikeout format. Ron Burrows requested a revision to the calculation of potential chemical intake, but no other feedback from NRC review of this document has been received. In submittals requesting information that will result in revision of the DP or the RPP, EPM will provide proposed textual revisions in redline-strikeout format. Upon approval of the DP, EPM will incorporate all of the textual revisions in the final Facility Decommissioning Plan - Rev 4. The NRC and the DEQ will provide comments, if any, on the adequacy of the responses to the requests for supplemental information.

Radiological Survey of Subsurface Material - Submitted June 3, 2019 Neither the DP nor the RPP contained a commitment to conduct a radiological survey for any subsurface material that is brought to the surface during the construction of the groundwater remediation infrastructure or the water treatment facilities. This submittal proposed revisions to the text of Section 12.5.1 of the RPP to clarify this. Neither the NRC nor the DEQ have responded to the proposed revisions to the RPP. The NRC and the DEQ will either accept these revisions or request different or additional revision(s).

Redefinition of Licensed Areas - Submitted June 7, 2019 Section 6 of the DP included a proposed revision to the licensed area. Redefinition of the licensed area as proposed would have required the release of most of Subareas F, G, and N, and confirmatory surveys have not been performed for Subarea F. This submittal included proposed revisions to Section 6 of the DP and to Figures showing the licensed areas, which include all of Subarea F and portions of Subareas G and N. Neither the NRC nor the DEQ have responded to the proposed revisions of the licensed area. The NRC may detach the review of this submittal as a separate LAR. If so, the NRC will request that redefinition of the licensed area be removed from the DP, and that EPM identify this submittal as a license amendment request.

Radiological Survey of Sediment Excavated from the 1206 Drainage - Submitted June 7, 2019 The NRC expressed concern about the placement of sediment which contains licensed material in Subarea B, which has been released from the license. This submittal included proposed revisions to Section 8.2.4 of the DP, describing the radiological survey that would be performed for the sediment/soil mixture which will be placed in Subarea B. In a letter dated July 16, 2019, the DEQ approved the proposed survey plan. The NRC will either accept these revisions or request different or additional revision(s).

Revised Calculation of Chemical Intake - Submitted July 10, 2019 The NRC identified an error in the calculation of potential intake of chemicals that was provided in Appendix A to the RPP. This submittal contained a proposed revision to Appendix A. In a July 24, 2019 e-mail, the NRC accepted those changes as responsive to their request. No further action is required.

In-Process Monitoring and Waste Characterization - Should be submitted by August 2, 2019 EPM will submit proposed revisions to Sections 8.5 through 8.7 of the DP to address:

NRC - DEQ - EPM Teleconference Notes July 24, 2019 Page 4 of 5

• In Burial Area #1, monitoring the concentration of uranium in sediment filtered prior to treatment

• In the Western Area treatment facility, monitoring the concentration of both uranium and Tc-99 in the influent, sediment filtered prior to treatment, and spent resin and biomass That submittal will also propose revisions to Section 12 of the DP to address the disposition of the sediment, resin, and biomass waste streams. Finally, it will also provide proposed revisions to Tables 8-3a through 8-3d.

The NRC and the DEQ will either accept these revisions or request different or additional revision(s).

Proposed Scope of Work, Cost Estimate, and Cost Allocation for Tc-99 Groundwater Assessment - Should be submitted by August 2, 2019 This will be a formal submittal of the information provided via e-mail on May 13, 2019. The NRC and the DEQ have both approved the scope of work, cost, and allocation of costs via e-mail. The NRC has requested (as proposed in the May 13 e-mail) that the scope of work, cost, and allocation of costs be submitted formally, at which time formal approval will be provided.

The NRC and the DEQ will formally approve the scope of work, cost, and allocation of costs.

Medium Priority Submittals Revisions to DP Figures - Submitted July 10, 2019 During a telephone conversation, the NRC observed that the DP did not depict (for either the western areas or for Burial Area #1) the groundwater remediation infrastructure, the extent of the uranium plume, and the Subarea boundaries. In reviewing the figures in the DP, EPM noticed another issue related to the figures in the DP. The designations of remediation areas had been changed from the ones shown in the 2015 Facility Decommissioning Plan. The legend in several of the figures in the 2018 DP retained the old designations. This submittal provided revised versions of Figures 3-1 through 3-5 and Figure 8-1.

The NRC and the DEQ will either accept these revisions or request different or additional revision(s).

Low Priority Submittals 2019 GW Evaluation Update - Submitted June 28, 2019 The quarterly collection and analysis of groundwater samples from 45 monitor wells began in the first quarter of 2016. Each year, an evaluation of the relationship between depth to water (or seasonality) and contaminant concentrations to determine if observed variations in contaminant concentrations was a function of either. This report is the final report containing an evaluation of twelve consecutive quarters of data. The report concluded that there is no relationship between depth to water or seasonality on contaminant concentrations.

The NRC and the DEQ will review and comment on the report.

NRC - DEQ - EPM Teleconference Notes July 24, 2019 Page 5 of 5 Scope of Work for Tc-99 Treatability Test - To Be Determined Project design personnel believe that obtaining current and more comprehensive data from the proposed Tc-99 groundwater assessment is needed to define the scope of a treatability test.

EPM will include a summarized scope of work and estimated cost for a batch treatability test in the proposed budget for 2020. EPM will submit a proposed scope of work for treatability testing after the Tc-99 groundwater assessment is complete.

OPDES Permit EPM met with DEQ personnel on July 23 to discuss regulatory requirements applicable to the disposition of sediment and biomass. As a result, EPM will be able to provide revisions to the DP addressing waste characterization and disposition of the three primary waste streams: pre-filtered sediment, spent resin, and biomass. This will be included in the In-Process Monitoring and Waste Characterization submittal addressed above.

In addition, the DEQ informed EPM that they want estimates for the concentration of Tc-99 in influent, and as good an estimate of the potential concentration of Tc-99 in effluent after water treatment. Because the estimated concentration of Tc-99 in the influent was below the drinking water standard, even based on old, biased-high data, DEQ believes there will be no need for a permit modification or for analysis and reporting of Tc-99 concentrations in discharge monitoring reports.

After completing the Tc-99 groundwater assessment, EPM will submit a report providing the analytical data and estimates of the concentration of Tc-99 in both influent and effluent.

Next Meeting Due to the meeting that will be conducted on August 29, 2019, the decision was made to cancel the teleconferences scheduled for August 21st and September 4th.

EPM will cancel the Outlook appointments for those two dates.

NRC - DEQ - EPM Teleconference Notes August 7, 2019 Page 1 of 4 Attendees:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Jordan Caldwell Jeff Lux Christine Pineda Mike Broderick Ray Roberts Note: Action items are shown in bold red italicized font.

Administrative Issues:

August 29 Meeting The schedule for decommissioning plan approval involves:

• Issuance of RAIs

• Responding to RAIs

• Reviewing the responses to RAIs

• Preparation of a Safety Evaluation Report (SER)

• Preparation of an Environmental Assessment (EA)

• Issuance of a license amendment approving Facility Decommissioning Plan - Rev 4 (the DP) as modified in accordance with previous submittals.

A meeting (or meetings) will be conducted on August 29, 2019 in Rockville, MD. The meeting(s) will have two objectives:

1. Provide a joint review (overview) of each of the primary submittals identified below, in an effort to determine the review that may be required to issue RAIs related to the submittal or the work that may need to be performed to respond to RAIs related to the submittal.

2. Collaborate on the development of a schedule for the six items listed above.

EPM has already made travel arrangements to attend the meeting. Veolia, Burns & McDonnell, and Enercon personnel will be available to contact for information, but they will not attend the meeting.

NRC will determine if all or part of these meetings should be conducted as technical review or public meetings and issue public notice as appropriate.

Authorization to Possess Tc-99 in License The NRC requested EPM to review 10 CFR 30.71 to determine if it is likely that sufficient Tc-99 will be accumulated in resin to exceed the exempt quantity limit. 10 CFR 30.71 sites a limit of 10 microCuries for Tc-99. At an influent concentration of 100 pCi/L and a flow rate of 250 gallons per minute, if the resin captures essentially all of the Tc-99, the exempt quantity would be accumulated in 400 minutes - less than 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br />. Consequently, the NRC is evaluating whether Tc-99 must be specifically licensed, and if so, whether EPM needs a to submit a license amendment request to include Tc-99 in the existing license or a license application for a Part 30 (byproduct material) license.

NRC - DEQ - EPM Teleconference Notes August 7, 2019 Page 2 of 4 EPM will review documentation on past NRC decisions related to Tc-99 and propose a resolution to the NRC. NRC will consult with their Office of the General Counsel to determine the necessary path forward. The NRC may detach the review of this issue from the review of the DP because if needed, the addition of Tc-99 to the license wont be necessary until groundwater treatment begins.

Southwest Quarter of Section 12 Cimarron Holdings is selling the Southwest Quarter of Section 12. EPM has begun receiving requests for information related to the use restrictions that run with the property.

EPM will respond to potential buyers, explaining that the use restrictions are not likely to be terminated until the late 2030s or early 2040s.

July 23 Meeting with DEQ EPM met with DEQ personnel to discuss the management and disposition of pre-filtered sediment and bioreactor sludge, the impact of Tc-99 on the OPDES permit, assessing the extent of Tc-99 in groundwater, and conducting a treatability test for Tc-99.

EPM will send notes on the meeting to the NRC and the DEQ.

Submittals August 2, 2019 Proposed Scope of Work, Cost Estimate, and Cost Allocation for Tc-99 Groundwater Assessment - Should be submitted by This formal submittal documented the information provided via e-mail on May 13, 2019.

The NRC and the DEQ has approved the scope of work, cost, and allocation of costs. No further action is necessary.

August 2, 2019 In-Process Monitoring and Waste Characterization EPM submitted proposed revisions to Sections 8.5 through 8.7 of the DP to address:

• In Burial Area #1, monitoring the concentration of uranium in sediment filtered prior to treatment

• In the Western Area treatment facility, monitoring the concentration of both uranium and Tc-99 in the influent, sediment filtered prior to treatment, and spent resin and biomass It also proposed revisions to Section 12 of the DP to address the disposition of the sediment, resin, and biomass waste streams. Finally, provided proposed revisions to Tables 8-3a through 8-3d.

The NRC and the DEQ will either accept these revisions or request different or additional revision(s).

August 6 Submittal of Documents on DVD NRC requested electronic copies of numerous previously submitted documents to complete the technical review of the DP. EPM sent the NRC and the DEQ a DVD containing electronic

NRC - DEQ - EPM Teleconference Notes August 7, 2019 Page 3 of 4 copies of all the documents identified to date. Tables listing the documents and identifying which have been submitted for uploading to ADAMS, which have been rejected, etc. are attached to the cover letter. EPM requested information from NRC regarding following up on the submission of those documents for uploading to ADAMS.

The NRCs IT department will make those files available to NRC personnel via their internal server. The NRC will provide information to EPM regarding which documents need to be uploaded to ADAMS.

Ongoing/Planned Work August 20 - 21 Design Coordination Meeting EPM, Burns & McDonnell, and Veolia will meet in Kansas City to coordinate interfaces between their portions of the design as well as issues that arise as the design drawings are advanced to the 90% design level.

No further action is required.

Evaluation of Bioreactor Sludge and Sediment Management and Disposal Options Due to the concentration of Tc-99 on bioreactor sludge, it is possible that bioreactor sludge may contain detectable concentrations of Tc-99. If uranium and/or Tc-99 are sorbed on to solids in the formation, pre-filtered sediment may contain detectable concentrations of Tc-99 or concentrations of uranium exceeding that present in background soil.

EPM is collaborating with Burns & McDonnell, Veolia, and Enercon Services regarding the management, storage, packaging, and disposition of these waste streams to see if additional provisions for these waste streams need to be incorporated into 90% design drawings.

Groundwater Sampling Event Enercon personnel will begin a 2019 comprehensive groundwater sampling event with the measurement of depth to water for all monitor wells on site on August 23rd. Groundwater sampling is scheduled to begin on August 26th. Groundwater and surface water samples will be collected for analysis for three purposes:

• The annual environmental monitoring program

• Tc-99 groundwater assessment

• Continuing evaluation of redox conditions in Burial Area #1 (BA1)

NRC requested a teleconference with EPM and Burns & McDonnell personnel to discuss what sampling and analysis has already shown us regarding redox conditions in BA1, what we have learned already, and what ongoing sampling and analysis should be performed in 2020.

EPM will schedule a teleconference with at least Lifeng Guo and John Hesemann after next week.

NRC - DEQ - EPM Teleconference Notes August 7, 2019 Page 4 of 4 Scope of Work for Batch Treatability Test The decision was made to defer the preparation of a detailed scope of work for a batch treatability test until the Tc-99 groundwater assessment is complete.

EPM will include a summarized scope of work and estimated cost for a batch treatability test in the proposed budget for 2020.

Next Meeting Due to the meeting that will be conducted on August 29, 2019, the decision was made to cancel the teleconferences scheduled for August 21st and September 4th. The next teleconference will be conducted September 18, 2019.

EPM will cancel the Outlook appointments for those two dates.

NRC - DEQ - EPM Teleconference Notes September 18, 2019 Page 1 of 3 Attendees:

Ken Kalman Paul Davis Bill Halliburton Karen Pinkston Jeff Lux Christine Pineda Ron Burrows Note: Action items are shown in bold red italicized font.

Administrative Issues:

Notes from August 29 Meeting The final notes from the meeting conducted August 29 were sent on September 13, 2019.

No further action is required.

Licensing Tc-99 The NRC communicated its policy on the licensing of nuclides present as contaminants in licensed material in a letter dated April 22, 1997, stating, radiological contaminants need not be specifically listed as an authorized material on licenses, unless they occur in sufficient quantities to pose unique or significant radiation hazards to workers or the public.

EPM will evaluate the radiological impacts from the potential accumulation of Tc-99 in filtered sediment, ion exchange resin, and bioreactor solids. The evaluation will include evaluation of the risk to the workers managing these waste streams as well as to members of the public during the transportation and disposal of the wastes. EPM will submit this information to the NRC and either propose that Tc-99 not be included in the license, or request guidance on the licensing of Tc-99.

Redefinition of the Licensed Area A license amendment needs to be submitted proposing to redefine the licensed area. Two alternative approaches are to request the release of all of Subareas G and N in one license amendment request (LAR), since the NRC has already stated that these areas are releasable for unrestricted use. Then submit a separate LAR to define the licensed area as depicted in the three figures submitted in the June 7, 2019 letter to the NRC and the DEQ. The second approach is to submit a single LAR using the same three figures, requesting the release of portions of Subareas G and N, and the addition of other areas in which groundwater containing uranium exceeding license criteria or in which licensed material will be accumulated or managed in waste. The NRC said that the second approach would be much quicker and administratively preferable.

EPM will prepare a single license amendment request proposing to redefine the licensed site as depicted in the June 7, 2019 letter and releasing most of Subareas G and N.

Submittals Scope of Work, Cost Estimate, and Cost Allocation for Tc-99 Batch Treatability Testing EPM submitted a proposal to perform treatability testing, the estimated cost to perform this testing, and the allocation of the costs between the Federal Account and the State Account. All

NRC - DEQ - EPM Teleconference Notes September 18, 2019 Page 2 of 3 but $11,000 of the funding was approved in the 2019 budget, but $11,000 needs to be re-allocated from Task 4 to Task 6.

The NRC and the DEQ approve of the scope of work, cost, and allocation of costs. Approval letters have been sent to management for concurrence. Once formal approval is received, EPM will authorize its contractors to finalize the plan and initiate the testing.

Schedule for pre-technical review - During the August 29 meeting, the NRC provided a proposed schedule beginning with the initiation of detailed technical review and ending with approval of the decommissioning plan (the DP). EPM was to provide the NRC a proposed schedule for the submission of all information needed to initiate the detailed technical review.

EPM will submit a proposed schedule for the following list of submittals by the end of business September 20, 2019.

Submittals Needed to Begin Detailed Technical Review Proposed revisions to the DP and RPP based on RP issues - Discussions with Ron Burrows indicates that the NRCs February 28, 2019 request for supplemental information was not exhaustive, and there is much additional required per NUREG-1757. This submittal will be based on a detailed review of NUREG-1757 and will include proposed changes to the DP and the RPP, addressing all issues and including calculations and consideration of all relevant radionuclides. This submittal will include a cross-walk between NUREG-1757 and the proposed changes to facilitate review of the submittal.

Report on Tc-99 groundwater assessment - This submittal will present the data obtained from groundwater sampling and analysis and re-calculate the estimated concentration of Tc-99 in the influent to the groundwater treatment system. This submittal may include proposed revisions to the DP should revision be warranted.

Report on groundwater flow models w/ adjusted alluvial layers and shortened extraction well screens - Based on the May 2017 report on the vertical distribution of uranium in alluvial material, the groundwater flow model will be revised to include a layer of higher (or lower) permeability in the alluvium, the use of 10-foot well screens in the more permeable layer, and the placement of particles at the edges of the plume in that more permeable layer. The groundwater flow model will be run with extraction rates at the nominal and both alternative pumping scenarios. If all scenarios result in the capture of all particles, well screens of not less than ten feet in length will be located in accordance with the results of the vertical profiling yet to be conducted. This submittal will include a report on the groundwater flow models as a replacement for Appendix M in the DP.

Report on vertical profiling and revision of 60% drawings with specifications - Pending approval from the NRC and the DEQ, an access road will be constructed and the vertical distribution of uranium in the alluvium at the proposed locations of extraction wells will be conducted. This report will include either justification for extraction well locations or explain the need for more or re-located extraction wells.

NRC - DEQ - EPM Teleconference Notes September 18, 2019 Page 3 of 3 Revisions to 90% drawings for groundwater extraction - 90% design drawings will be submitted as a revision to Appendix J. Changes from the 60% design will be shown, and specifications included for bidding purposes will be redacted.

Revisions to 60% design drawings for water treatment - 90% design drawings will be submitted as a revision to Appendix K. Changes from the 60% design will be shown, and specifications included for bidding purposes will be redacted.

The schedule being prepared (discussed above) will provide estimated dates of submittal for all of these submittals.

Ongoing/Planned Work Road Construction and Vertical Profiling of Uranium in Alluvium Pending favorable weather, clearing and grubbing for road construction may begin mid-October.

Geoprobe borings to evaluate the vertical distribution of uranium in groundwater may begin in November.

Once the schedule for this work has been finalized (after the pre-bid meeting to be conducted September 19, 2019), EPM will submit a schedule for this work. Should NRC or DEQ personnel desire to be on site to monitor this work, they will notify EPM when they plan to visit the site.

Evaluation of Bioreactor Solids and Sediment Management and Disposal Options Due to the potential presence of Tc-99 in sediment and bioreactor solids, the planned processing of these waste streams needed to be reconsidered. The selection of processing equipment for both pre-treatment filtration of sediment and bioreactor solids has been completed.

No further action is required.

Groundwater Sampling Event Groundwater and surface water sampling was completed September 5, 2019. The laboratory received the samples September 10. Analytical results will be received in early October for the following three sampling events:

• The annual environmental monitoring program

• Tc-99 groundwater assessment

• Continuing evaluation of redox conditions in Burial Area #1 (BA1)

EPM will submit the data to the NRC and the DEQ after quality review of the laboratory results has been completed.

Next Meeting The next teleconference will be conducted October 2, 2019.

NRC - DEQ - EPM Teleconference Notes October 16, 2019 Page 1 of 4 Attendees:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Mike Broderick Jeff Lux Christine Pineda Note: Action items are shown in bold red italicized font.

Administrative Issues:

Licensing Tc-99 The NRC communicated its policy on the licensing of nuclides present as contaminants in licensed material in a letter dated April 22, 1997, stating, radiological contaminants need not be specifically listed as an authorized material on licenses, unless they occur in sufficient quantities to pose unique or significant radiation hazards to workers or the public.

EPM is evaluating the radiological impact of the potential accumulation of Tc-99 in filtered sediment, ion exchange resin, and bioreactor solids. An evaluation of risk to workers and members of the public will be submitted to the NRC and the DEQ.

Schedule The NRC provided EPM a draft schedule for the issuance of a license amendment approving the decommissioning plan (the DP). The schedule assumed that detailed technical review of the DP would being on January 1, 2020. EPM submitted a schedule for work that must be completed to enable the NRC to initiate their detailed technical review. This extended the date to initiate detailed technical review to April 8, 2020. The NRC is revising their schedule based on the information provided by EPM.

The NRC will issue a letter with a revised schedule to EPM.

Budget EPM issued scope-of-work documents describing work anticipated to be performed in 2020 to Burns & McDonnell Engineering Services, Enercon Services, and Veolia Nuclear Solutions-Federal Services (VNSFS). EPM should receive cost estimates and detailed scope of work proposals from each contractor by the end of the week.

EPM will submit a proposed scope of work and budget for 2020 early in November.

Submittals Scope of Work, Cost Estimate, and Cost Allocation for Tc-99 Batch Treatability Testing EPM submitted a proposal to perform treatability testing on September 12, 2019. The proposal included the estimated cost to perform this testing and the allocation of the costs between the Federal Account and the State Account. All but $11,000 of the funding was approved in the 2019 budget, but $11,000 needs to be re-allocated from Task 4 to Task 6. The NRC and the DEQ have both approved this proposal.

EPM will proceed with full definition of the scope of work for the tests and authorize VNSFS to proceed.

NRC - DEQ - EPM Teleconference Notes October 16, 2019 Page 2 of 4 Redefinition of the Licensed Area A license amendment request (LAR) to redefine the licensed area is being drafted. EPM believes the LAR should address several license conditions related to already released areas and to the onsite disposal cell. Mr. Kalman wants to discuss these ancillary issues with their legal staff to determine if these should all be addressed in this LAR. EPM will not submit the LAR until feedback is received from the NRC.

EPM will revise the draft LAR based on feedback from the NRC and submit it to the NRC and the DEQ.

Report on Groundwater Flow Models Based on the May 2017 report on the vertical distribution of uranium in alluvial material, the groundwater flow model will be revised to include a layer of higher (or lower) permeability in the alluvium, the use of 10-foot well screens in the more permeable layer, and the placement of particles at the edges of the plume in that more permeable layer. The groundwater flow model will be run with extraction rates at the nominal and both alternative pumping scenarios. If all scenarios result in the capture of all particles, well screens of not less than ten feet in length will be specified in accordance with the results of the vertical profiling yet to be conducted. This submittal will present the report on the groundwater flow models as a replacement for Appendix M in the DP.

This document is anticipated to be submitted by November 27, 2019.

Proposed Revisions to the DP and RPP Related to Radiation Protection Discussions with Ron Burrows indicates that the NRCs February 28, 2019 request for supplemental information was not exhaustive, and there is much additional required per NUREG-1757. This submittal will be based on a detailed review of NUREG-1757 and will include proposed changes to the DP and the RPP, addressing all issues and including calculations and consideration of all relevant radionuclides. This submittal will include a cross-walk between NUREG-1757 and the proposed changes to facilitate review of the submittal.

This document is anticipated to be submitted by December 13, 2019.

Report on Tc-99 Groundwater Assessment The data has been received and is undergoing quality review. The tabulated data will be submitted to the NRC and the DEQ once the quality review is complete and qualifiers are assigned (if any). This submittal will present the data obtained from groundwater sampling and analysis and re-calculate the estimated concentration of Tc-99 in the influent to the groundwater treatment system. This submittal may include proposed revisions to the DP should revision be warranted.

This report is anticipated to be submitted by December 31, 2019. The proposed budget for 2020 will include funding for additional sampling and analysis.

NRC - DEQ - EPM Teleconference Notes October 16, 2019 Page 3 of 4 Revisions to 60% Design Drawings for Water Treatment 90% design drawings will be submitted as a revision to Appendix K. Changes from the 60%

design will be shown, and specifications included for bidding purposes will be redacted.

These revisions are anticipated to be submitted by December 31, 2019.

Report on Vertical Profiling The construction of a semi-permanent all-weather access road is cost prohibitive; construction of the road was removed from the scope of work. Conducting direct push probes and collection of groundwater samples will begin in December at the earlies, and possibly not until January. A report will be prepared summarizing the work performed, presenting the data, and explain whether or not there is a need for more or re-located extraction wells.

This report is anticipated to be submitted by April 7, 2020.

Revisions to 60 Drawings for Groundwater Extraction 90% design drawings will be submitted as a revision to Appendix J. Changes from the 60%

design will be shown, and specifications included for bidding purposes will be redacted.

These revisions are anticipated to be submitted by April 7, 2020.

Ongoing/Planned Work Vertical Profiling Contractors are being contacted in an effort to move the start date for vertical profiling forward.

It appears all the contractors with hydraulic profile tool capabilities are booked through November. Although we are trying to secure a contractor in December, it is likely that we wont be able to do this work until January.

Annual Environmental Monitoring The data has been received and is undergoing quality review. The tabulated data will be submitted to the NRC and the DEQ once the quality review is complete and qualifiers are assigned (if any).

EPM will submit the data to the NRC and the DEQ after quality review of the laboratory results has been completed.

Burial Area #1 Oxidation-Reduction Evaluation The data has been received and is undergoing quality review. A report will present the data, describe the reduction and re-oxidation of the water-bearing zones in Burial Area #1, and will propose continued sampling if deemed appropriate. This report will be assigned a lower priority than the previously-mentioned submittals.

NRC - DEQ - EPM Teleconference Notes October 16, 2019 Page 4 of 4 EPM will submit a report on the evaluation as time permits. The proposed budget for 2020 will include funding for additional sampling and analysis.

Next Meeting The next teleconference will be conducted November 13, 2019.

NRC - DEQ - EPM Teleconference Notes November 13, 2019 Page 1 of 5 Attendees:

Ken Kalman Paul Davis Bill Halliburton Lifeng Guo Mike Broderick Jeff Lux Christine Pineda Ron Burrows Karen Pinkston Note: Action items are shown in bold red italicized font.

Administrative Issues:

Proposed Budget for 2020 EPM drafted a proposed budget for 2020 and was about to send it to the NRC and the DEQ when EPM was notified that a cultural resources survey must be conducted. This will enable the NRC to prepare an Environmental Assessment (EA), which is a prerequisite to issuing a license amendment redefining the licensed area. The scope of work is being defined and a cost estimate will be provided for both the performance of the work and radiation protection support.

EPM will submit a proposed scope of work and budget for 2020 by November 27, 2019.

Request for Supplemental Funding The NRC has invoiced the Trust for $794,307.00 in 2019. The approved budget for 2019 NRC fees is $600,000. EPM anticipates receiving at least one more invoice (for the 4th quarter of 2019) before proposed funding is approved for calendar year 2020. The four invoices received to date averaged $198,576.75.

Veolia Nuclear Solutions - Federal Services (VNSFS) has informed the Trust that work that was not included in the proposed scope of work for 2019 has resulted in the expenditure of significant funds. Most of the out-of-scope work was related to the need to address unexpected issues related to technetium-99. Because the preparation of requests for bids and bid evaluation is being deferred until late 2021, funding for that scope of work was used to cover most of those costs. However, VNSFS is going to submit a request for additional funding to cover the cost of out-of-scope work that will be billed before a proposed budget for 2020 is approved.

Although the cost of the cultural resources survey will be included in the proposed budget for 2020, funding approved for 2019 is not sufficient to cover the cost to perform the cultural resources survey prior to the approval of the 2020 budget. Not initiating the survey until the 2020 budget is approved will add four to five months to the schedule, so approval for the Trust to cover the cost of this work must be obtained to enable the work to be performed early in 2020.

By November 27, 2019, EPM will submit to the NRC and the DEQ a request for approval to pay:

An additional $400,000 for the 3rd quarter 2019 and 4th quarter 2019 invoices for NRC reimbursement.

The cost of out-of-scope work performed by VNSFS.

The cost of the cultural resources survey to be performed in the first quarter of 2020.

NRC - DEQ - EPM Teleconference Notes November 13, 2019 Page 2 of 5 Submittals Redefinition of the Licensed Area A license amendment request (LAR) to redefine the licensed area has been drafted. EPM believes the LAR should address several license conditions related to currently released areas and to the onsite disposal cell. Mr. Kalman and Ms. Pineda met with the NRC Office of General Council (OGC) to discuss issues related to this LAR. The NRC decided to retain the reference to the 1995 Decommissioning Plan (DP) in the amended license, since it is the currently-approved DP. The NRC requested that the LAR include a map showing the proposed licensed area as it relates to the Subareas referenced in the 1995 DP. The LAR should also explain that the reason portions of Subareas that have been released should be licensed is that it was not known that groundwater exceeding the decommissioning criteria extended into some of the Subareas that had been released.

EPM will finalize the LAR based on feedback from the NRC and submit it to the NRC and the DEQ by November 27, 2019.

Cultural Resources Survey The NRC sent EPM a letter from the Oklahoma Archeological Survey (OAS) in which the OAS informed the NRC that a cultural resources survey has never been performed for the property owned by the Trust. A cultural resources survey will be needed for the NRC to prepare an Environmental Assessment (EA) prior to issuing a license amendment to redefine the licensed area. The NRC requested that EPM provide a proposed scope of work for the survey to the NRC and the OAS so they can determine if the proposed survey will provide sufficient information to prepare the EA.

EPM will submit a proposed scope of work for the cultural resources survey to the NRC, the DEQ, and the OAS by November 27, 2019.

Report on Groundwater Flow Models The groundwater flow models will be revised to evaluate the adequacy of contaminant capture under the following conditions:

• The alluvial aquifer will include layers of higher and or lower permeability,

• Ten-foot well screens will be installed at the proposed extraction well locations in the more permeable layer.

The groundwater flow models will be run with extraction rates at the nominal and both alternative pumping scenarios. Particles will be placed at the edges of the plume in the more permeable layer. If all scenarios result in the capture of all particles, well screens of not less than ten feet in length will be specified in accordance with the results of the vertical profiling yet to be conducted. If some of the particles placed at the edges of the plumes are not captured under all pumping scenarios, the report will state that well screens at certain locations will be screened across the entire saturated thickness of the alluvial aquifer. This submittal will include an updated Appendix M for the DP.

This report/proposed appendix is anticipated to be submitted by November 27, 2019.

NRC - DEQ - EPM Teleconference Notes November 13, 2019 Page 3 of 5 Proposed Revisions to the DP and RPP Related to Radiation Protection Discussions with Ron Burrows indicates that the NRCs February 28, 2019 request for supplemental information was not exhaustive, and there is much additional required per NUREG-1757. This submittal will be based on a detailed review of NUREG-1757 and will include proposed changes to the DP and the RPP, addressing all issues and including calculations and consideration of all relevant radionuclides. This submittal will include a cross-walk between NUREG-1757 and the proposed changes to facilitate review of the submittal.

This submittal is anticipated to be submitted by December 20, 2019.

Report on Tc-99 Groundwater Assessment The data has been received reviewed. Groundwater samples collected from one monitor well required re-analysis. This submittal will present:

• The data obtained from groundwater sampling and analysis.

• The estimated initial and maximum concentration of Tc-99 in the influent to the groundwater treatment system.

• Based on literature values for the distribution coefficient for Tc-99, calculated rates of the decline of Tc-99 concentrations in the different remediation areas.

This submittal will not include proposed revisions to the DP but will identify revisions that need to be made.

This report is anticipated to be submitted by December 31, 2019. Since the teleconference call, Burns & McDonnell has advised me that they will target December 31 for submittal, but due to the upcoming holidays, this is an aggressive schedule. Because this is not a critical path activity, EPM proposes to change the date to submit these revisions to the end of Janaury 2020.

Revisions to 60% Design Drawings for Water Treatment Revised 60% design drawings are being prepared as a revision to Appendix K. Changes from the 60% design drawings provided in the 2018 DP will be shown. Specifications and notes included for issuing request for bids will be removed from these design drawings.

These revisions are anticipated to be submitted by December 31, 2019. Since the teleconference, VNSFS has notified EPM that few of their subcontract resources will be available through most of December. Because this is not a critical path activity, EPM proposes to change the date to submit these revisions to the end of February 2020.

Report on Vertical Profiling and Monitor Well Abandonment Both vertical profiling field work and monitor well abandonment are scheduled to begin December 15, 2019 and to conclude by December 23, 2019. The current schedule for ongoing work through the approval of the DP assumed that this work would not be completed until late January 2020. Because this activity was a critical path activity, completing this work in

NRC - DEQ - EPM Teleconference Notes November 13, 2019 Page 4 of 5 December (weather permitting) could compress the schedule by as much as a month. A report on this effort will:

• Summarize the work performed.

• Present the data obtained.

• Present the conclusions of the groundwater flow modeling.

• Provide the specifications for the locations and screened intervals of the extraction wells.

The report may include revisions of those 60% design drawings which showed extraction well locations and extraction well construction specifications.

This report is anticipated to be submitted prior to April 7, 2020.

Revisions to 60% Design Drawings for Groundwater Extraction Proposed revisions to the 60% design drawings will be submitted as a revision to Appendix J.

Changes from the 60% design provided in the 2018 DP will be shown. Specifications and notes included for issuing request for bids will be removed from these design drawings.

These revisions are anticipated to be submitted prior to April 7, 2020.

Ongoing/Planned Work Vertical Profiling As stated above, both vertical profiling field work and monitor well abandonment are scheduled to begin on December 15, 2019 and be completed by December 23, 2019.

Annual Environmental Monitoring The data has been received and been through quality review. Re-analysis of samples collected from Monitor Well 02W32 was required; that data has been received and been through quality review.

EPM will submit the tabulated data to the NRC and the DEQ before November 27, 2019.

Tc-99 Groundwater Assessment The data has been received and been through quality review. Re-analysis of samples collected from Monitor Well 02W32 was required; that data has been received and been through quality review.

EPM will submit the tabulated data to the NRC and the DEQ before November 27, 2019.

Burial Area #1 Oxidation-Reduction Evaluation The data has been received and has been through quality review. A report be prepared to present the data, describe the reduction and re-oxidation of the water-bearing zones in Burial Area #1, and propose continued sampling if deemed appropriate. This report will be assigned a lower priority than the submittals described above.

NRC - DEQ - EPM Teleconference Notes November 13, 2019 Page 5 of 5 EPM will submit the tabulated data to the NRC and the DEQ before November 27, 2019. The report has been assigned a lower priority than the numerous reports described above. EPM anticipates submitting this report to the NRC and the DEQ prior to the end of February 2020.

Next Meeting The next teleconference will be conducted December 11, 2019.

NRC - DEQ - EPM Teleconference Notes December 11, 2019 Page 1 of 4 Attendees:

Ken Kalman Paul Davis Jeff Lux Several of the invited attendees were unable to access the Teams meeting teleconference, so Jeff Lux linked Ken Kalman and Paul Davis together on his phone to conduct the meeting. These notes are being sent to the normal distribution.

Note: Action items are shown in bold red italicized font.

Administrative/Licensing Issues:

Decommissioning Schedule Numerous documents have been submitted for NRC review during the 4th quarter of 2019, and several more significant documents will be submitted during the 1st quarter of 2020. The schedule for review and approval of documents related to Facility Decommissioning Plan - Rev 1 (the DP) and the amendment of the license will be revised to identify these documents, as well as the subsequent review and revision of these documents.

EPM will revise the schedule and submit it for feedback from the NRC and the DEQ on the review and comment on these submittals.

License Amendment Request to Redefine the Licensed Area The license amendment request (LAR) was submitted on November 22, 2019. It was submitted to ADAMS, accession # ML19330E146.

The NRC will review and comment on the LAR separately from the documents submitted for the review of the DP.

Proposed Budget for 2020 The proposed budget for 2020 was submitted on November 22, 2019. The proposed budget will be revised in 2020 to address supplemental funding issues addressed below as well as agency comments.

EPM will submit a revised proposed scope of work and budget for 2020 after receipt of comments from the NRC and the DEQ.

Request for Supplemental Funding NRC fees will significantly exceed the funding approved in the proposed budget for 2019.

Veolia Nuclear Solutions - Federal Services (VNSFS) informed the Trust that work that was not included in the proposed scope of work for 2019 has resulted in the expenditure of significant funds. Additional funding is needed to cover the cost of work already performed in addition to work that will be performed in 2020 before a proposed budget for 2020 is approved.

Funding approved for 2019 is not sufficient to cover the cost of the cultural resources survey. If the survey is not performed until the 2020 budget is approved, the schedule for approval of the

NRC - DEQ - EPM Teleconference Notes December 11, 2019 Page 2 of 4 LAR will be extended four to five months. Approval to fund this work must be obtained to enable the work to be performed early in 2020.

The DEQ and the NRC will review of the request for supplemental funding. This approval is the most immediate need.

Ongoing/Upcoming Work:

Vertical Profiling and Monitor Well Abandonment Associated Environmental Industries (AEI) will arrive at the site on Monday, December 16th to begin the abandonment of 27 monitor wells. Well abandonment forms will be submitted to the Oklahoma Water Resources Board.

Plains Environmental Services (PES) will arrive at the site on Tuesday, December 17th to begin the vertical profiling of uranium at extraction well locations in the alluvial materials. PES will also obtain soil samples at multiple depth intervals for grain size distribution analysis. This will provide the information needed to specify screened intervals and filter pack gradation for the extraction wells installed in the alluvial material.

Burns & McDonnell (BMcD) has contracted with AEI and PES and will provide site supervision. Enercon Services (Enercon) will provide radiation protection and quality assurance services.

No further action is required.

Submittals Scope of Work for Cultural Resources Survey A proposed scope of work for the cultural resources survey was submitted to the NRC, the Oklahoma Archeological Survey, and the DEQ on December 13, 2019.

EPM will finalize the scope of work (if necessary) based on comments from the agencies. A schedule for the performance of the work and the submission of a report will be provided after receipt of comments (or notification that there are no comments) from all three agencies.

Proposed Revisions to the Radiation Protection Plan (RPP) and the Quality Assurance Program Plan (QAPP)

Based on comments received from the NRC during the acceptance review of the DP, Enercon has conducted a detailed review of NUREG-1757 to identify aspects of the Radiation Protection (RP) program and the Quality Assurance (QA) program that were not adequately addressed in the DP. Proposed revisions to Section 11 of the DP, Radiation Protection and the RPP will be provided in one submittal. Proposed revisions to Section 14 of the DP, Quality Assurance and the QAPP will be provided in a separate submittal.

EPM will submit both documents to the NRC and the DEQ by the end of January 2020.

NRC - DEQ - EPM Teleconference Notes December 11, 2019 Page 3 of 4 Report on Tc-99 Groundwater Assessment The data has been received and reviewed. Groundwater samples collected from one monitor well required re-analysis. This submittal will present:

• The data obtained from groundwater sampling and analysis.

• The estimated initial and maximum concentration of Tc-99 in the influent to the groundwater treatment system.

• Based on literature values for the distribution coefficient for Tc-99, calculated rates of the decline of Tc-99 concentrations in the different remediation areas.

This submittal will not include proposed revisions to the DP but will identify revisions that need to be made.

EPM will submit the report to the NRC and the DEQ by the end of January 2020.

Radiological Risk from Tc-99 If Tc-99 does not present a significant and unique radiological risk to workers or the public, it will not be specifically listed in license SNM-928. Enercon Services is preparing a report on the radiological risk presented by Tc-99 in the water treatment and waste management processes.

EPM will submit the report to the NRC and the DEQ mid-January 2020.

Report on Groundwater Flow Models The groundwater flow models will be revised to evaluate the adequacy of contaminant capture under the following conditions:

• The alluvial aquifer will include layers of higher and or lower permeability,

• Ten-foot well screens will be installed at the proposed extraction well locations in the more permeable layer.

The groundwater flow models will be run with extraction rates at the nominal and both alternative pumping scenarios. Particles will be placed at the edges of the plume in the more permeable layer. If all scenarios result in the capture of all particles, well screens of not less than ten feet in length will be specified in accordance with the results of the vertical profiling yet to be conducted. If some of the particles placed at the edges of the plumes are not captured under all pumping scenarios, the report will state that well screens at certain locations will be screened across the entire saturated thickness of the alluvial aquifer. This submittal will include an updated Appendix M for the DP.

This report/proposed appendix is anticipated to be submitted by the end of January 2020.

Burial Area #1 Oxidation-Reduction Evaluation EPM submitted the data from the September 2019 sampling event on November 22, 2019. A report is being prepared to present the data, describe the reduction and re-oxidation of the water-bearing zones in Burial Area #1, and propose continued sampling if deemed appropriate.

EPM will submit this report to the NRC and the DEQ by the end of February 2020.

NRC - DEQ - EPM Teleconference Notes December 11, 2019 Page 4 of 4 Revisions to 60% Design Drawings for Groundwater Extraction Proposed revisions to the 60% design drawings will be submitted as a revision to Appendix J.

Changes from the 60% design provided in the 2018 DP will be shown. Specifications and notes included for issuing request for bids will be removed from these design drawings.

These revisions are anticipated to be submitted prior to April 2020.

Revisions to 60% Design Drawings for Water Treatment Revised 60% design drawings are being prepared as a revision to Appendix K. Changes from the 60% design drawings provided in the 2018 DP will be shown. Specifications and notes included for issuing request for bids will be removed from these design drawings.

These revisions are anticipated to be submitted the end of February 2020.

Report on Vertical Profiling and Monitor Well Abandonment Both vertical profiling field work and monitor well abandonment are scheduled to begin December 16, 2019 and to conclude by December 23, 2019. The current schedule for ongoing work through the approval of the DP assumed that this work would not be completed until late January 2020. Because this activity was a critical path activity, completing this work in December (weather permitting) could compress the schedule by as much as a month. A report on this effort will:

• Summarize the work performed.

• Present the data obtained.

• Present the conclusions of the groundwater flow modeling.

• Provide the specifications for the locations and screened intervals of the extraction wells.

The report may include revisions of those 60% design drawings which showed extraction well locations and extraction well construction specifications.

This report is anticipated to be submitted prior to April 2020.

Next Meeting The next teleconference will be conducted January 15, 2020.