ML20055D448
| ML20055D448 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1989 |
| From: | Harold Denton NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Dragon S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20055D365 | List:
|
| References | |
| FOIA-TUYL90-36 NUDOCS 9007060314 | |
| Download: ML20055D448 (7) | |
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Ms. Sharon M. Dragon fJ -.
Panna Maria Concerned Citizens P. O. Box 2 Panna Maria, Texas 78144-0002
Dear Ms. Dragon:
This is in reply to your letter to President Bush dated March 6,1989.
Your letter was provided to us by the Environmental Protection Agency (EPA), and it is my understanding that they are providing a reply to you under separate cover.
I would like to make you aware of the U.S. Nuclear Regulatory Comission's (NRC) role with States such as Texas. Texas became an Agreement State under Section 274 of the Atomic Energy Act in 1963.
Under the Agreement with Texes, the NRC has relinquished its authority for regulating by-product materials, including uranium and thorium tailir.gs, source matcrial, sn.611 quantities of specisi nuclear materials and low level wastes in permenent disposal fa:ilities, to the State.
Aoditionally, the State must maintain a program that is adeovate to protect public health and safety and compatible with the NRC program, hRC periodically reviews Stetes' programs as required by the Atomic Energy Act for adequacy 6no compatibility. The contact and address for the Texas Bureau of Rediation Control Directorate is:
Mr. David Lacker, Chief Bureau of R6diation Centrol Texas Department of Health 1100 West 49th Street Austin, TX 76756-3189 Telephone number:
(512)835-7000 Hith regard to your questions concerning contaminated drinking water, birth defects, and regulatory noncompliance, the NRC steff attended a rateting arranged by Judge Kenneth Pearce, Karnes County, for the purpose of correcting misinformation supplied by earlier television and newspaper reporting on these subjects. An article in the April 5,1989 issue of the Karnes Citation (enclosed) provided an accurate sumary of that meeting.
Further, we would also like to inform you that both the Chevron and Conoco uranium mills are going through the proper procedures for licensing actions under the current Texas regulations. Conoco hos submitted a reclamation and decomissioning plan for site closure. The Chevron relicensing hearing is being reconvened and a date of AJgust 22, 1989 has een set by an independent hearing examiner. As you eay be L
9007060314 900515 PDR FOIA VAN TUYL90-36 PDR l
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aware, this hearing provides a forum for public input to the licensing process, and I understand that the Panna Maria Concerned Citizens group is a party to this hearing.
If you should need additional information, I would suggest you communicate directly with Mr. Lacker of the Texas Bureau of Radiation Control.
Sincerely, crytt7.:::n/
H. R. htes.
Harold R. Denton, Director Office of Governmental and Public Affairs
Enclosure:
As stated cc: David lacker Robert E. Layton, Jr.
Regional Administrator EPA, Region VI (ET.AS)
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- lUy n}g DUN WQWd Health experts allay uranium fears at Falls City meeting fAfNf5 MAMW Wr/tt' by aeben Men" These fears were given added An attentive crowd of more fuel and fanned to new heights At the outset of the forum.
than 400 wes residents was oni by a specul ser:ta brtiad:are on Tymrak warr$ed that disrup-hand last Thursday night in KSAT te;evision (Channel 12) not be tolwated. nor would any tions of the proceedings would Faus City to hear a panel of tin San Ar.tenio, entitled " Tear eelentists and medical attempt to turn the meeting in-specialists refute claims that
'in Karnu County." Produced to a partisan raDy.
by invertigative Karnes County is facing a.
Hollis Grittard, the eeries perts presented multiple reporter One by one, the panel of ex-serious pubtle health crials i related to leveled serious charges of i evidences from their varied dustry here. the uranium in-gjeerse vio'.ations and irrespon, fields of specialization which The meeting, held at th' sible miina gement against both supported a singular conrJu-Faus City Community Mr.!.,.
the industry and the hetJth sion:there is not now and never was caued by Southwestern dapattment in
- Auetin, 1
Bell manager and commumty nrough interHews with Iccal has been a danger to the pub!!c lesder Don Tymrak and en-people and trcerpts from a health connected with the min-dorsed by County Judge h,en-vanety of printed sources. the ing, extraction, or rni!!ing of senes painted a picture of uranium in Karnes County, noth Pearce and the Comfrus-sinners Cours.
death, dinao and imminent During brief Introductory ca ta strophe stalking the assessments of the situation, Featured speakare at the i citl2 ens of Karnes Count). The '
and also in a question and-open meeting came from the i long finger of blame answer mesion foDowing the Texas Department of Health.,
viewing of a videotape of the was the Texas Water Comrnission i pointed squarely at the past KSAT series, the pane and present uranium industry I debunked popular snisconcepl the Texas Air Control Board, locettd in the area. represented the Texas Railroad Comrnis-by the abandtmed Susquehan, raciatior. and responded to the tions about the hazards of sion, the federal Nuclear -
Regulatory Commission, and - na site nier Taus City, the Con.
aUegations brought by Chan-quists (Conocol operation inew nel 12 and the Paana Maria the Texas Radiation Advisory a in the proetas of reclamaton ein. zen,a grcup.
Board. Althousthinvited to the also res: Falh City, and the Richard Rathff, director of forum, the Texas De of Agriculture tTDA)partment Chevron fae:Uty.
the division of complit. nee and was con-nicuously absent from the In situ, or soludon mining inspection with the TDH operations. liie those e gn.
, e,eeedinas. as were attorneys Bureau cf Rad:ation Control, ducted by Derest Minerals CN,the Panna Maria Concerned Corp in Hobocn. also came in widespread contaminadon in
.or aens group, an orgarutation stated flatly that "there is no wmeh was formed last year to for criticism in the report.
cor.solidate legalsedon against Prior to the Thursday night Karnes County, probably less e dn than 1.000 acres in all...even if th t Chevron uranium proceas-
,g,,,,,l g nim Tymrak that the purpose o!
you multiplied that number by ing operation st!D active in tr.a t small community. The the gathenng was not to pro-a factor of four. it would still be less than one percent of the TDA. under Commissio'nw Jim mote a speelfic cause or I
total county area."
!!igh towe r.
has been espouse a pardeular set of The TDM maintains that i cutapoken in its support forin f prescriptions to solve the real i their monitoring shows the i creased regulation of the - or imagined problems of the in, county has one of the lowest i st a t e's nuelcar industry, dustry. Rather, he said,it was ictels of background radiation.
specifiesUy in Karnea County.
to bring out tra truth about in the state, at around 65 70 The impetus for the ruveting, the alleged !!nk between the in-
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and its pnmary focus, was the dustry and elein ad higher the.n l'his corn concern on the part of some nonnel rates cf canew end the U.S. parea favorably with aversge of between residents that the accumulated birth defects in the area. In the 100120 md!!rema, and la lower westes of more than three absence of such a link, all than the background exposure decades of uranium mining and discussion of more stringent m Austin, which measures ma.hy, in addition to the con.
control of the nuclear indastry about 80 mHHrms annuauy.
tinums operations at Chevron, is m re the Most areas of West Texas also Yg e
conmtute a clear anc present po t
OfiC-register higher exposures dancer to human and animal ed.
life in the county.
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the sample group were ttill not imd 4,m considered dangerous by the factors su:h as malnutrition.
p,. y TDH. Tne radon testmu was which can retard development of the fetus, done by an indepencent Even at these tugtier levels, there is no possibliity that an laboratory.
Only with extremely high individual could develop health A:corciir.; to the TDH. gam.
doses of radiation is there any cause effect relatjonship to ma ract at.on levals at the problems associated with perimeternf acuve sites in ths heauchamp esid. This is birth a bnormalities.
radiation according to the county ha ve not exceededt TDM pan,elists.
tw:ce the back ound level, generally a result of radiation The BRC spokesman also,
wv!! within tu fe eral and State therapy or excessive use of aaid that 6fnes testing of river ufety water began here in 1961, the immech,guidehnes. Beyond the x. rays during the first 17 ste penphery of the weeks of pregancy, radiological makeup oi the San mines. the BRC has Studies of the survivors of a Antonio River has remained not measured gamma radiation the Hiroshima and Nagnuki unchanged. Recent teste con-levels above the backgra atomic bomb blaste, who ducted on water from local
- levels in the area, however, nd received doses millions of municipal water systems in.
dJeates that the level of radium Rati:ff u.d t. hat the healthi times greater than the amount and other uranium.telated clun y eupports the speedy-of bar.kground radiation to agenc up of six residences in the' which Karnes County residents materials beingingested b public is virtuaUy nil, y the county which were buJt on mill are expond. Indicate little well within all Environmental Pro.
tailings and have already teen evidence of increand birth tection Agency (CPA) recognised by the Dept. of defects following the first Energy at being health risks.
generation, he added.
stan.
dards.
More than 60 private wells The TDH will assist in the In summary. Besuchamp i have been tested recently, and transfer of contaminated said that tholevels of radiation i found even directly over the only two weUs were found to materials to the Susquenarna-Western s!te for disposal.
uranlurn tallings piles is still contain concentrations of Dr. Richard Beauchamo, an fa.r below the levels required to radium 226 above the federal l epidemiologist with the TDH.
produce malformations or i drinking w picocunes.ater standard of five genetic damage. Likewise, addressed the birth deixt This is not there is no evidence to suggest con.
lasue at length, disputing that heart diseau or con i sidered to be evidence of con, claims thet the anciderce of ta.mination from an outsice congenital deformities or han*
gestive heart fauure is in any source. ho we ve r, as the
$ caps is any hl,per here (nan way reisted to low level i
naturally existing level of the state averagt background radiation.
radium varies with the
, Birth defsets are a ubl*
Dr. Jean Brender.headof the geological features of the land.
quitous occurrence that has health department's i
en-with higher concentrations bun around since mankind vironmental epidemiology pro-generally found wherevor began bea-ing chudren.
he gram, told the assembly that.
u tium deposits exist.
said.,'There is absolutely and
"...thm is no evidence that the I.
i Milk taken from the nine unequivocably no evidene, to !
residents of Kames County are dairies in the county has also suggest that Kames County uperiencinga higher incidence been subjected to radiological has a greater incidence of birth of cancer than expected. owe tests, and the level of radioac.
defects or s h gher fetal d4 sth just haven't found that to be tivity is reported to be lower, rate than could be ex the case."
than the state average.
etatistictUy." ha added. pected t Health statlatics show that, About The results of meat testing' four percent of alllive births in-given the age and sex distribu-have not yet been tabulated.1 volve some form of birth tion of the population during t.he years from 19761980, ap.
but no problems are expceted.
defect the doctor said.
since milk is considered to be Beauchamp noted that the proximatel 300 new cases of !
more eensitive to contamine-multiple facters which have cancer woufd be expected.Only I
on than other animal pro-been connected causeUy with 251 were actually observed in '
birth defects ranke it difficult the count
$on testing of 80 homes to assign blame in individual how ver y during that period.
e Lung cancer, the near the three uranium mill l cases, when there is no primary cancer associated with tailings sites revaalud no more, statistical aborration whica too much egosure to uranium than traces of the radioactive would point to a culprit, decay products traden, etcJ..
gas in all but one. Radon is t.ne Beauchamp said that some was also not outside the norm, af the most common decay pro-SA percent of the live births in Approximately 46 cases were ducta of uranium and one that Karnu County are considered
,rpected, based on U.S.
la widel.y recognized as,a pu,blic
,a,ed tube eme ave,s, co:n.
tually reported, The incidence low birth weight babie averages but ordy 42 were ac-31 a on levelbn he one hornp.8 percent. Low birth gveigat so Hke dad /# M8 af a,e nr which measured higher than is often asWated with es-
/Md8 posure to radi.stion or other
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of cancer mortality also was below average for the penod The only change in ground-1981 1967, for all types of water qusjity anticipated by
,'I think the moeu.
the BRC teientists is ar. even.
8 V " F "f"I P"'P' I" 8'L' ng served cancer.
3 Agam. it is only with very tual ine.rease in the totaj ting everything out on the high levels of radiation ex*
dissolved r.oUds or the "hard, table where people can make i i
posure that there is a link bet.
ness" of the water. in walls ad, up their own minds about ween human health risks and incent to tho impoundments.
this." Pet. 2 County Cormr.is.
radiosetivity, Brender said.
h niety of tM water Is not The inue of groundwater '
expected to be affected.
aloner Tom Dworecayk said quabty was highhghted several In letters te several area later. "If there la a problem. we perty owners, the TDl: pro. e want to have all the facts so times durin bas presentation.g the evening's reconunended the use of water that we know what atsps to The Bureau of tak Radiation Control recognius softemrs to alleviate the pro.
(sn,e to resolve it, and if there t a probl that some problems exist at blem, but has not calld for 8{"nd our e,est, we need to fforts on other the Susquehanna site. and has an ore to stop drinkirg their s 1d "
he bke e ter-made recommendations to
,nd!t Other spokestren sa:d that pg reouce or alleviate the situa, there has tan no measurable clude,d' g g..,g.
tion there. That site is under spread of airbrne radios:tJve County Judge Kenneth t
the junsdiction of the Dept. of particalate mai.ter onto proper-Energy for the duration of e
bu expre clean up operations. The BP.C ty outs de the mill sites.
d does not feel that the water An inicrrr.al survey of those the industry will ever com-in attendance Thursday rJght promise t heir po sition..
contamination problem ex.
mdtcated tends be that most peop.e regsrdless of the evidence. "As however, yond the site proper, were res.saurec by the infortna-long as the greatest majority of and is confident possible future problems can,
tionpresentsd.if the "h' E*'E ' ' #' ***lefied* "I"
be aborted before they mature.
unsure of their positfohad been.
I15temns to n befcts.
. hey are livm,the evidence. that Water quality changes have A very small but voca.1 g in a clean sat'e been detected in monitor wells minori:y contir.ued to express county, I think we have to ac-doubts about the reliabity ecpt that there will al*ays be at both the Conoco and '
and imprtitlity of the state Chevron sites, but these those who would re.cher believe changes are limited to the (m. i agencies Critics of the the worst " he said, mediate vicinity of the tailin uranium industry were scarc,,
Rev. Frank Kurnal priest in impoundments themselves. gs however, anci the overwhelm.
Panna
$, Maria and or,aruser of The construction of the tail-Ing malonty of those present na M "a once ings ponds allows for a certain were oper0y suppertive of the u p mas,
.pp cmount of seepage into the TDH and the egnettived opera-tion for the opportunity to get tion of Coevron e Panna Maria more information on the subsurface of the soll:
plant.
uranium issue before the cngineers point out that all In closing the meeting, public. "It is always good to nacural materials, under specified conditions, Tymrak labeled the interim g,g g g,,, g,g,
prmeable to some predictable Report on Uratuum Mill Tail-are
,,, g will come,to understand whatg,gg, ings' released by State Sen.
degree. However, seepage does 1 Carlos Trunn at d the Senate we must do and whsre we must nts imply that hazardous or I r:dloactive contaminants are i health services subcommittee.
go from here," he said' migrating from a site: heavy j
"...a virtual blueprint for the 1
metals and radioactiva :
restructuring of state govern-elements do not travel at the ment in Texas." "This report same rate as the Liouldin which may pick en the uranium in-they are suspenoel These dustry, but its rv) target is ment la ev><.are b-the entire reg 7 hil0i'.00 R M u E 1
up conctntraml Withing the m to anyone who first few inches of substrata.
will look at it." he said.
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Ref:
SA/JFK MEMORANDUM FOR:
Stuart A. Treby Assistant General Counsel for Rulemaking and Fuel Cycle, OGC FROM:
Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs
SUBJECT:
CONOC0 CONQUltTA TAILINGS POND Attached is a letter dated January 20, 1987 from the law firm of Henry and Kelly in Austin, Texas.
This law firm states that they have been retained as legal counsel for the Citizens for Closing the Conquista l
Tailing Pond.
In order to respond to the letter, we ask that you review and comment on these issues raised, particularly those in items 1, 2 and 3 of their letter and their request on pages S and 7 that the NRC exercise its authority under Section 274(j) and Article VII of the NRC Texas Agreement to initiate proceedings to suspend Texas' authority to license the Conoco Conquista and Rhone-Poulenc Freeport facilities.
l-l We would appreciate your comments on items 1, 2 and 3 by February 13, l
1987.
Since an interim reply is due' February 6,1987 we would l'
appreciate your views on the suspension request as early as possible so l
we may include a response to that request.
1 Donald A. Nussbaumer Assistant Director for State Agreements Program Office of State Programs l
Enclosure:
As stated
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