ML20134G283
| ML20134G283 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1996 |
| From: | Berson B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Beach A, Pederson C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20127A948 | List: |
| References | |
| FOIA-96-444 NUDOCS 9702100351 | |
| Download: ML20134G283 (10) | |
Text
i From: Bruce A. Berson (JAjl)
To: ABB CDP 1 M cru,4///MM C#h,/2/ff Date: Thursday. January 4. 1996 3:45 pm -
Subject:
NE0RSD 12/21/95 ltr to ED0 re AMS '
I spoke to Tom Blachford in the OIG in the absence of Watkins re the above letter. I briefly summarized the background for him and our preliminary views on the merits. He agreed with our reconmendation to respond to the letter in the ordinary course of business and to send him both a copy of the incoming and our response to the sewer district when the response is issued.
Cindy. I'd appreciate it if you can ensure that I receive a copy of our final .
response if I'm not otherwise on concurrence. Thanks.
l I
h1 i
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- l. Community and Worker C-ww Right-To-Know N. .ews<> g January 5,1996 .x on cnuwh Volume 10, 6\
fjg . - Q Ohio Firm Using Radioactive Cobalt Claims NRC Rules Preempt SERC; 6t?
- SERC Says Both Sets of Regulations Apply for Emergency Planning i A dispute over regulatory authority is at the heart in addition, state and local authorities contend that i
nof an ongoing controversy regarding the opera- AMS has illegally released water contammated with j tions of an Ohio medical supply company that han- cobalt-60 into the municipal water treatment system.
dies cobalt-60, a radioactive subsu.nce used for can.
AMS, however, had been permitted diluted discharges czr treatment. 'nte Ohio state emergency response until January 1994, according to Miller. There have been i
commtssion (SERC) has issued an order to a Cleve- no " intentional discharges" since 1989, he said.
, land firm requiring it to comply with Section 302 of i
the Emergency Plannmg and Community Right-To- EPCRA Section 302 requires any facility that handles an d
Know Act (EPCRA), but the firm has countered, con- extremely hazardous substance (EHS) above the thresh-tending that Nuclear Regulatory Commission (NRC) old planning quantity to participate in preparation of regulations take precedence. community contingency plans for hazardous materials accidents and to designate a facihty emergency coordi-
, Advanced Medical Systems (AMS) used cobalt-60
- nator to work with the local emergency planning com-until about 1990 to manufacture machines for cancer mittee (LEPC) in developing emergency plans.
rediation treatment and is stilllicensed by NRC to keep supplies on hand to replenish the radiation Although cobalt-60 is not an EMS under EPCRA Section sources of machines already manufactured, said 302, Ohio Revised Code Sections 3750.04 and 3750.05 al-Dwight Miller, an attorney with the Cleveland law low the SERC to have a company declared an additional firm of Stavole & Miller, one of two firms represent. plaruung facility under the pre-plannmg requirements,
~
ing AMS. AMS is licensed by NRC to store up to said Ken Schultz of the Ohio Environmental Protection 290,000 curies of sealed cobalt-60, according to the Agency (Ohio EPA).
j SERC order.
(wntinued on page 2)
@SHA's Six-month Regulatory Agenda: u - w-~
- Focus on Finalizing Rules, Updating PELS W "
kr$t 7"~ ~
The U.S. Occupational Safety and Health Admuustration (OSHA) has is-sued its semi-annual regulatory agenda (60 FR 59620, Nov. 28,1995).
Many actions outlined in the agenda involve new agency activities that are RERC4ffsetwe. M designed to increase safety or streamline regulatory burdens. Others repre- , egen, _ _ Q,5Q sent finahzmg rules proposed in previous years. The agency plans to tssue cofsne spage42 the following proposed rules (the action date follows in parentheses): * @ rfJ WGW forpo& rat , fficerspotsww Recordkeeping. Concerns about the reliability r.nd utility of injury and ill- ; immune from wastep _ ,
ness data from employer-maintained OSHA records have led OSHA to work transporterliability4g wpage5 toward a proposal to revise recordkeeping requirements and issue new -
-ed M-recordkeeping forms and interpretive material (proposal was scheduled for gA sag,q'
- egg **ys,sg October 1995). cking g (-
.needed when,tra,g hazardous waste ;,page 6-Comprehensive programs. OSHA plans taexpand the non-mandatory Federa[Regis'tebiidix' ~p guidelines of the Voluntary Protection Program by developing a safety and n .. n .y 6 health programs rule (June 1996). M.l,;. Z ' -[.~g/p-4
,M. age (contmued on page 4)
Reporting on Chernical Disclosure Requirernents, Ernergency
+ Response Prograrns, Harord Corntnunication and industryg Liability ggg pygllgplgy
( 4roup
Regulatory Dispute ,
(Continuedfrorn page 1) -
On Oct.11,1995, the Ohio SERC issued an order giving attomey. Both AMS and its predecessor had been dis-the Cuyahoga County LEPC authority to require AMS charging radioactive waste since 1958 or 1959, but to provide information needed to add the facility to its "there have been no intentional discharges since 1989,"
county-wide plan for emergency response to hazardous he added.
materials incidents, according to a SERC press state-ment. 'Ihe Ohio statute gives a facility 30 days to appeal Debate Over NRC Authority such an order to the state's Environmental Board of Re- It is the LEPC's position that it should regulate certam view. However, AMS, which claims NRC regulations aspects of the facility's emergency response plan, while preempt state regulation of the facility in health and AMS contends that only the NRC has regulatory au-safety matters, chose instead to file a remplaint in fed- thority. "AMS has tried to use the NRC as a shield,"
eral district court, seekmg a declaratory judgment that said Mike Kalstrom, Cuyahoga County LEPC secretary.
the SERC lacks regulatory authority. 'Ihe committee wants AMS to participate in the local emergency plannmg process on a routine basis.
he Chain of Events This dispute over regulatory authority arose in 1991 Miller, the company's attorney, explained AMS's po-when the Northeast Ohio Regional Sewer District sition: "The NRC requires us to have an emergency (NEORSD)leamed that solid wasta incineration ash at plan, and our license requires us not to change that its facility contained radioactive materials. In May of without the express approval of the NRC." (For fur-that year, the NRC had conducted a " fly over" of the ther details on the NRC emergency plannmg regula.
Cleveland area to locate radioactive materials in an un- tions, see box page 7.) AMS believes that any related matter. Upon passing over the NEORSD facility, SERC-requued plan would be duectly contradictory to NRC offidals obtained a reading indicating that the type of emergerry plan mandated in the NRC regu-NEORSD ash also contained radioactive materials. lations. "We think Congress has made a clear choice i "This was the first notion that we had radioactive mate- that the NRC, with respect to health and safety mat-rials," said Larry English, assistant general counsel at ters regarding nuclear facilities, preempts the field,"
NEORSD. +
Miller said.
NEORSD was able to trace the source of the material "I know there are some [NRC emergency plannmg]
back to AMS and in April 1993 sued the company in regulations, but they are not to the extent required un-state court to recover costs associated with the handling der EPCRA," said Chns Jones, section chief of the envi-of the radioactive ash. As part of the discovery in that ronmental enforcement section at the Ohio Attomey case, NEORSD investigators found evidence of what General's office, which is preparing a response to they believed to be continuing releases of water con. AMS's complaint on behalf of the SERC.
taminated with cobalt-60 by AMS, although "we had beu-n told of nothing that would be generating cobalt In March 1995, AMS provided a copy ofits NRC plan to now," English said. "We reahzed at that point that ei- the Cleveland Fire Department, the SERC and the ther we were being lied to severely or we were dealing LEPC. According to English of NEORSD, the with ple who did not know what they were doing," company's NRC plan contained "an appalling lack of he realistic emergency plannmg." Among other things, nei-ther the LEPC nor the SERC 24-hour emergency num-UntilJanuary 1994, NRC pennitted certain diluted dis- bers were listed in the emergency contact section for charges into the sewage system, said Miller, AMS's (Continued on page 7)
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Page 2 January 5,19% 0 Thompson Publishing Group 1996 1
Industry Urges OSHA Workgroup to Adopt Standantized Format For MSDSs, Develop Comprehensive MSDS Compliance Strategy electronic storage and retrieval systems as an alter-Representatives from a range the Hazard Communication Standardof(hazcom) major industries is native. said At Reynolds Metals Co., the high price of generally an effective tool for protectmg worker health maintauungatraditionalpaperbasedsyn . bout and safety. It may requue m-: 9 =tions, they said, sound- $2.5 nulhon a year due to extensive labor cost 4ve ing a consistent theme, but not a fW=mtal reworking. the company to consider Aasuc attematives, accord-ing to Laurie Shelby, manager of industrial hygune near collective testimony before a workgroup of the programs and regulatory comphance at Reynolds.
National Advisoty Committee on Occupational Safety and Health (NACOSH) in December differed from an Shelby described the challenge of implementing the earlier panel that represented small business and labor, company's conversion project, which it estimates will which focused more on the high cost of compliance (see cost a little over $1 million: "Reynolds Metals has over R-T-K News, Nov.17,1995.) 3e hazcom workgroup 44,000 MSDSs for products used in our domestic loca-faces an April deadline for delivering a formal report to tions. Dese sheets vary in completeness, accuracy and NACOSH on how to revise the standard. readability. Since there currently is not a single ' paper-based'or'd a Jc' format forMSDSs, developing an Adopt the ANSI Standard electroruc storage and retneval system involves either De need to adopt the uniform material safety data re-typing MSDSs or imagmg MSDSs and indexing key sheet (MSDS) format developed by the American Na- sections of data sheets for Gg capabihty. [Reynolds tional Standards Institute (ANSI) was voiced by almost has chosen the latter option.] ...If there were a standard every speaker. Steve Killiany, a health and safety advi- format, the timeline for this project would have been ex-sor with Exxon Co. USA, contended that the use of pedited and mo>t importantly, the cost dramatically re-MSDSs by a more comprehensive audaence has height- duced. ... OSHA needs to begin the education process ened the need for a standardized format. "Imposmg on the requirements for a.a sc MSDSs because in the limitations on the length of MSDSs would be impracti- years to come, more and more data will be sent over the calf said Killiany, who also testified on behalf of the Intemet and by a.L*dc data interchange."
Amencan Petroleum Institute (API). "he information contained in these sheets serves as a primary data sheet Rethink Compliance for employees, customers, local communities, local Frank White, vice president of Organization Resources emergency planrung committees, medical personnel, Counselors Inc., an ama%al safety and health con-health and safety professionals, firefighters, regulators sulting firm, expressed his opinion of the agency's current and others. Suppliers cannot realistically customize a approach tohazcom -- ' hu"Unfortunately,through MSDS for each user and every application." the administrative magic of comphance duective, inter-pretation and enforcement pohey and strategy, OSHA has API believes the U.S. Occupational Safety and Health effectively converted what many consuier to be the proto-Admuustration (OSHA) should encourage the use of a type performance standard into a particularly onerous standardszed format, such as the ANSI Z400.11993, traditional specification standard ... OSHA must rethink Kuhany said. "he ANSI guidelines include an order of its entire approach to hazcom enforcement ... and start information and standardized headings that enhance over again using a ' holistic / performance-oriented ap-communication and understanding. Information of proach. It is not necessary, for example, to requue that a most concem to employees and non-techrucal users is written program contain the three pages of detailed ele-located at the begmning of the data sheet, including ments described on pages 11 to 13 of the directive, e.g.,
composition, emergency overview, hazard identifica- elements of the training program At this point in the tion and first-aid measures. Other more technical infor- evolution of the standard, OSHA should not, in general, mation, such as toxicological data, appears later in the be citing ... for isolated cases of missing labels or defi-document," Killiany said, cient MSDSs where the overall program and its imple-mentation are otherwise found to be sufficient."
ne marketplace is supporting and pushing for the use of the ANSI format,both domestically and intemation- " Designing an objective compliance strategy that recog-ally, he said. The order of information and standardized nizes the holistic nature of a good hazcom program is headings now are required in Europe and permitted by one of the toughest issues we face," said Michael Wright, other countries (Canada, Mexico, Japrsn, Australia and a member of the hazcom workgroup and the director of New Zealand), Killiany said. health, safety and environment for the United Steel-workers of America. "If an OSHA inspector asks 10 rep-A5ow an Electronic Format resentative employees do you understand this regula-Handling the sheer volume of MSDSs is a significant tion, one says 'no' and you cite the company, well that's challenge, and many companies have turned to not going to fly."
- Right-To-Know News January 5,1996 Page 3
' Critical Mass' of Members important for LEPC Effectiveness; .
Well-defined Operating Procedures, Job Descriptions Also Key l
Part two ofa two-part series.
According to the authors of a recent report on the ef- Another commonality was the length of meetings. Al- I fectiveness of local emergency planning committees most all LEPCs reported an average meeting time of '
(LEPC), "there are some structures and strategies that one to two hours. "By contrast, there was substantial are likely to sigruficantly improve the success of all LEPCs variation in the number of LEPC meetings ... per year, a regardless of context--and especially without signifi- variable that had a significant correlation with effective-cant expense." Both the number of committee members ness. Even more important were the establishment of a and the range of government agencies and community subcommittee structure, a new member orientation pro-organizations they represent have a strong bearing on gram and a formahzed procedure for definmg mem-how well an LEPC functions, their research found.
bers' roles, conducting meetings and setting goals within the LEPC."
He report, Organizational Characteristics of Effective .
LEPCs," was developed for Michigan State University's Frequent contacts with the regional staff of federal Community Emergency Preparedness Program by agencies (e.g., the Environmental Protection Agency Michael Lindell, David Whitney, Chnstina Futch and and the Federal Emergency Management Agency), state Catherine Clause. Their findir'gs were based on their emergency management and environmental agencies ongoing, three-year study of LEPCs in Illinois, Indiana and with other LEPCs can have a very positive influ-and Michigan, funded by the National Science Founda- ence, the authors state. Rey provide opportunities to tion (see R-T-K News, Dec. 8,1995, p. 3). share ideas and resource options. i i
LEPC effectiveness, the authors say, is more strongly Emergency plannmg resources-such as computer-hnked to:"the number of attendees, than with the rate ized data bases for trarking hazard data, videos and of cttendance, which suggests LEPCs need to attain a l training courses from the federal government and
' critical mass' for accomplishmg business. Dat is, an state plannmg manuals-were regarded as highly LEPC with 30 members and a 50 percent average atten- useful according to the authors' data. The presence dance rate is likely to be more effective than an LEPC of paid staff assigned to an LEPC also was linked with eight members having a 100 percent attendance with effectiveness, the authors found, "probably be-rate." Bey recommend that small LEPCs consider re- cause paid staff serve as a focal point for LEPC ac-cruiting additional members, "because their effective- tivities." Many jurisdictions have responded to the
(
ness would be expected to increase even if the rate of lack of federal funding for such resources by devel-cttendance drops." However, tumover among commit- oping other means of financial support, including al- i tee members was not a factor, for it was " universally locations from state and local funds and grants from low," across all LEPCs in the sample. localindustry. +
OSHA Agenda (Continuedfrom page 1)
PEle. Pernussible exposure limits for air contammants that the risk could be reduced or prevented by revising I origmally were developed in 1971. In 1989, OSHA up- the standard (action was scheduled for December 1995).
d .ted the PELs, but in 1992, a federal court vacated the rule and forced the agency to retum to the earlierlimits. Glycol Ethers: 2-Methoxyethanol,2-Ethoxyethanol l OSHA now plans to update existing air contammant and their Acetates. In 1986, EPA referred four glycol limits and establish new ones Guly 1996). ethers to OSHA for possible regulation under"ISCA. l OSHA concluded that occupational exposures to the l OSH Act. OSHA has identified three standards that subject glycol ethers at current PELs may present sig-need to be revised and updated: flammable and com- nificant nsks to workers' health. In 1993, OSHA pub-bustible liquids; spray finishing using flammable and lished a proposal, incorporating information received in combustible materials; and dip tanks containing flam-I response to a notice of proposed rulemakmg, that would j mable or combustible materials (April 1996). reduce PELs for the four glycol ethers (September 1996).
OSHA plans to finalize the following rules. Methylene Chloride. In 1985, the United Auto Workers petitioned OSHA to issue a hazard alert and develop a Butadiene. In 1985, the Environmental Protection Agency new permanent standard for methylene c.hloride (MC).
(EPA) referred 1,3-butadiene (BD) to OSHA for possible OSHA issued guidelines for controlling occupational ex-regulatory action under the Toxic Substances Control Act posure to MC but did not issue an emergency temporary (ISCA). OSHA concluded that BD poses a risk to the oc- standard. OSHA published a pro'posal in 1991 and subse-cupationally exposed population at the current PEL and quently held a series of public hearings (April 1996). +
Page 4 January 5,1996 0 Thompson Publishing Group 1996
' Corporate ' Participation' Necessary to Prove Transporter Liability; Thirti Cirt:uit Appeals Court Wants More Than ' Day-to-Day' involvement fficers and sole stockholders of busmesses that trans-Oport hazardous waste to contanunated sites cannot to perform the RD/RA; however, ADS refused to par-ticipate in the enwronmental remediation work, court be held liable for deanup costs under the Comprehensive documents indicate.
Ennronmental Response, Compensation and Liability Act (CERCLA) unless evidence shows they actually par-ticipated in the decision on where to send the wastes, ne federal district court held White and Carite liable based upon a finding that they exerused control over according to a recent U.S. Court of Appeals opinion. the activities of ADS in 1976 and 1977, when the drurrt were deposited at the Tabernacle site. he court also In a case where there was no dear precedent (U.S. v.
found that there was "even greater support" for its con-USX Corp., CA 3, No. 94-5681), the U.S. Court of Ap- dusion in light of the fact that White and Carite were peals for the hird Circuit held that Section 107(a)(4) of principals of a waste disposal company. he district CERCLA does not impose liability solely on the basis of court reasoned that "the likehhood is greatly dmun-an officer's or shareholder's active involvement in the ished that the owners and operators of the company corporation's day-to-day affairs.
would be unaware of improper dumping" (41 ERC 1397).
In reversing and remanding a federal district court's Control of Company Not Enough l (D.N.J.) decision to hold Alvin White and Charles Carite While the court of appeals agreed that the federal dis- :
(principal shareholders of Atlantic Disposal Service Inc.,
trict court established, as a matter of law, the liability of !
[ ADS]) liable under CERCLA, the court of appeals ADS as a transporter under Section 107(a)(4) of CERCLA, l ruled that there must be a showing that the person it disagreed with the potentialliability of White and I sought to be held liable actually participateo in the li- Carite. he court said that under CERCLA, control of a ability <reating conduct (41 ERC 13%).
corporation, in and of itself, is not a basis for imposing !
liquid Waste Transported liability on a corporate officer for the actions of other l Dunng the 1970s, one of the ADS industrial accounts corporate officers or employees. Instead, actual partici- l pation in the wrongful conduct is a prerequisite for im- !
was a plant operated by USX Corp. in Camden, N.J., ac- posing liability. The U.S. Court of Appeals conduded cording to court documents. ADS hauled 55-gallon drums that liability may not be imposed under CERCLA Sec-
- of liquid waste from the USX facility to a landfill in Glou- tion 107(a)(4) solely on the basis of an officer's or cester County, N.J. When the Gloucester County landfill shareholder's active involvement in the corporation's refused to accept the waste, arrangements were made to day-to-day affairs.
dispose of the USX drums on a one-acre wooded parcel in Tabernade, N.J., leased by Robert Ware, an ADS me- "Although there was substantial evidence that White chanic. Ware's understanding was that ADS would pay and Carite were actively involved in the day-to-day af-him a fixed amount for each drum dumped at the Taber- fairs of ADS at the time of the disposal of waste drums nade site, court documents indicate.
at the Tabemacle site, there was also countervailing evi-dence that White and Carite were not ' hands on' man-In 1982, investigators of the Burlington County, N.J., age.s during the relevant time period. The evidence by health department discovered 193 barrels and contain-the United States was not so overwhelming as to render ers at the Tabernacle site. Attached to at least one of the White and Carite's denial of knowledge completely im-drums were USX shipping documents, court documents plausible," the court said (41 ERC 1397).
said. Under orders from the Environmental Protection 4 l
Agency (EPA), ADS removed all drums and related Corporate Officers Not Immune !
waste from the site. Analyses of the contents of the drums ne hird Circuit Court of Appeals warned that its ap- i revealed a number of hazardous substances. Soil sam- plication of Section 107(a)(4) does not immunize officers pling disdosed a release of the hazardous substances to and directors who personally participate in liability-cre-the environment, and sampling from monitoring wells ating conduct. "It is not necessary that the officer par-confirmed the existence of groundwater contamination, ticipate in the selection of the disposal facility. Liability court documents state.
may be imposed where the officer is aware of the accep-tance of materials for transport and of his company's in 1985, EPA performed a remedial investigation and substantial participation in the selection of the disposal feasibility study (Rl/FS). As a result of the RI/FS,"spe- facility. An officer who has authority to control disposal cial notice letters" were issued in July 1988 to ADS and decisions should not escape liability under Section USX, affording them the opportunity to negotiate an 107(a)(4) when he or she has actual knowledge that a agreement to perform the remedial design and remedial subordinate has selected a, disposal site and, effectively, action (RD/RA) proposed by EPA for the Tabernacle acquiesces in the subordinate's actions," the court rea-site. 'Ihe negotiations resulted in an agreement by USX soned (41 ERC 1396). +
Right-To-Know News January 5,1996 Page 5
Improved Controls, Systems for Tracking Hazantious Waste Called For .
he manifest system for controlling the movement of these conditions, a new manifest is often created. Since Thazardous waste does not always ensure that theregen-is no regturement to link original and new mani-eraton, the Environmental Protection Agency (EPA) or fests, the generators do not have the ability to track the states track waste from generation to disposal, accord- disposition of their wastes."
ing to a recent report by EPA's Office of Inspector Gen-eral (OIG). The other central findings were: the notifica- OIG issued the following recommendations, to be car-tion process regarding hazardous waste activity is inad- ried out under the authority of the Assistant Admmis-equate and inspections were not always prioritized or trator for Solid Waste and Emergency Response:
properly documented.
- Original generators and manifest numbers must OIG is required to initiate reviews and other activities, be referenced on any new manifests, and genera-such as audits, to promote economy and efficiency and tors must be informed or consulted when waste is to detect and prevent fraud, waste and mismanagement commmgled orrejected.
In agency programs and operations. Hazardous waste is one of several areas where the department is focusing
- Ihe hazardous waste notification form and its ac-its efforts. companying instmetions must be changw .o state that new EPA hazardous waste identification A core provision of the Resource Conservation and Re- numbers must be obtained when generators
, covery Act is the establishment of a " cradle to grave" change location, and EPA must be notified when framework for managing hazardous waste from genera- generators go out of business or cease being tion to disposal EPA has a manifest system for tracking generators.
waste from its generation site to its final dirposition at a permitted treatment, storage and disposal facility (ISDF), + A standard must be developed for generators in although there is no federal requuement for manifests to documenting their facility processes when using routinely be sent back to EPA or state agencies. " knowledge of prccess" for waste determmation.
According to the report: "Ihe hazardous waste manifest In addition, the following mandates were recom-system is self-initiated and self-monitored with only mended, to be issued to all EPA regions: assess the rate limited oversight by Federal and state authorities. Addi- of repeat inspections at compliant facilities to ensure tionally, there are economic incentives for generators to that inspection resources are being used effectively; and cvoid the high costs of compliance with regulations for annually sample and evaluate inspection reports for hazardous waste shipped off-site. 'Ihe system is less quality assurance and control.
4 effective when:(1) wastes are commmgled at transfer facilities; (2) shipments are rejected by ISDFs; (3) resi- For a copy of " Office of Inspector General Semiannual dues are left in hazardous waste containers; or (4) haz- Report to Congress," contact: EPA, O!G,401 M St., SW anious residues are shipped out after treatment. Under (2441), Wash., D.C. 20460; phone: (202) 260-3137. +
RCMWMM Selected Federal Register Notices on Chemical Hazard Information and CommurQ Richt wliw mues.
12/7/95-40 FR 62847-Notice regional programs that address the PlannN wi Cca:n say Right-to-of Availability of Pollution Preven. reduction or elimination of pollution Know Art F.ia and Section 6607 tion Grants and Announcement of across all environmental media: air, of the Pollution Prevention Act for
- Financial Assistance Programs Eli. land or water. 2,24ibromo-3-nitrilopropionamide g1ble for Review. EPA is announcing 12/15/95-60 FR 64407-Toxic (DBNPA)(CAS No. 1022241-2). The the availability of approximately Chemical Release Reporting; Com- dministrative stay also requested
$5 million in fiscal year 1996 for munity Right-to-Know; Reopening of comment on EPA's review of a peti-grants and cooperative agreements Public Comment Period. EPA is re. tion to delete DBNPA from the EPCRA under the Pollution Prevention In- opening the comment period on its Section 313 list of toxic chemicals.
centives for States (PPIS) grant pro- decision to grant an administrative (Administrative stay first published gram. The purpose of this program stay of the reporting requirements un- 10/27/94,60 FR S3371.) Comment is to support state, tribal and der Section 313 of the Emergency submittat deadline: Jan. 29,1996. +
Page 6 January 5,1996 0 Thompson Publishing Group 1996
I+
R:gulat:ry Disputa -
, (Continuedfrom pge 2) ,
that plan, the SERC order states. "These things Soort the cle an water entering the basement became would only be violations if the NRC was willing to contammated with cobalt, Miller said, because certam ;
enforce its own regulations. ney have regulations " rad waste" was stored there. Rad waste consists of about emergency plannmg, but they're ignored," items used for cleanup inside the bmidmg or by person-English said. !
nel within restucted areas. "The level of contamination I in the basement water was quite high," Miller said, add-A summary of the SERC order states that the LEPC's re-ing that the floodmg caused an imbalance in the hydro-quests "are not an attempt to preempt the authority of static pressure between the inside and outside of the the [NRC). On the contrary, the LEPC is aware of no h=wment wall. "There was a fear that the wall would conflicts between this petition and NRC regulations, collapse, resulting in a discharge to the n4@,c,d.c,od,"
and believes that the establishment of the local author- he said, ity outlined above would supplement the efforts of the NRC, by helping to improve the information provided AMS hired contractors to stbilize the pressure and the -
by AMS. He LEPC also believes that the NRC should water gradually was dramed into tanks, where it then welcome and encourage this kind of local initiative, was processed to remove the cobalt. He contractors which should enhance its performance and provide as- also replaced the outside sewer system, which was surance that the local community is prepared to re- damaged by the flooding and contammated by cobalt spond to emergency incidents." from the basement.
"If we have to face two regulators and one is saying one in December 1994, the state court granted AMS's mo-thing and one is saying another, we have a problem," tion to dismiss the originallawsuit filed by NEORSD, Miller said. "Having an emergency plan does not bother which sought recovery of the costs associated with us. Having two does, especially if they're competing handling radioactive ash. His decision had the addi-plans. You can't serve two masters," he said. 1 tional effect of overtunung the temporary restraining order that NEORSD received to allow it to install the English argues that the company already has spent plugs. Within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />, however, NEORSD obtained more money in litigation than if AMS had simply a temporary restraining order in federal court, allow-complied with the original SERC request. Miller, ing it to keep the plugs installed. Since that time, however, maintains that "the SERC request would NEORSD successfully appealed the state court dis-have been onerous on a cost baris." According to missal and AMS then filed a notice of removal to Kalstrom, state and local officials were not "asking for i (Continualonpge 8) anything that wasn't already being done at chemical facilities."
Threat to the Community ,
in response to their discovery that radioactive ash was found at the sewer facility, NEORSD in November 1994 g>
j t
obtamed a temporary restraming order from the state - e court allowing it to place two compression plugs in AMS's sewer connections, which stopped the flow of all sewage from AMS, English said. These flows did not
- contain " levels that would cause a health and safety ..
a m.c risk, are notbut would pose shipproblems or incmeratewith our op[erations. WeMI allowed to treat, radioactive =m-T*?.-3 waste]," English said. &
y&ccidsf1 A small portion of AMS's facility has a basement, Miller ka briefdeErldt'i5riefdie'---
said. Due to the plugs, "there was no way to relieve the ----J--- .s- =
.spersonnel should an accidMt$6cisjnsludir'dIil$rdJ ground water pressure and within a couple of weeks there was a heavy storm, resulting in a flood of 30 inches fication of personnel resdsiste fordomptly notify. l of water m the basement," he said. NEORSD prefers not ing offsite response organizatiosfind n theNRC;PE to link the basement floodmg directly to the plugs,
, - g -
4... - m g
however. The flooding resulted "from a failure to chech psite response organizationsj;pn~g 4 take prudent measures to prevent a water buildup. reviewing all necessary telephonevurmbers;.ardf They knew the sewer service had been termmated and
- biennlat onsite*exercipes t& test'respons -
deliberately allowed their basement to fill up with wa.
ter," English said.
' lated emergencies.gQ@yyj%Qh Right-To-Know News 1anuary S,19% Page 7
- 4 Regulatory Dispute (Continuedfrom page 7) '
federal court. Recently, AMS obtained permission cobalt 40 under the Comprehensive Environmental from federal court to discharge the tanks holding the Response, Compensation and Liability Act, said Schultz treated water from the basement into the facility's of Ohio EPA.
back yard. Even though the company's sewer con-nection remains plugged, some of this water likely Miller believes the fundamental difference of opinion will enter the system as runoff through other connec- between AMS and the emergency responders is tions, Miller said. *what level of risk is involved by our presence in the community." All but 30 to 40 curies of cobalt-60 are By the time the basement had flooded, "it became obvi- in a hot cell, a vault-like room, or the facility's waste ous to the [ local emergensy responders) that this place holdup tank (WHUT) room, Miller explained. "It is was phenomenally dangerous," English said. Le facil- not dispersible by any risk reasonably imaginable,"
ity is located within 75 feet of a residential arec, contain- he said. De hot cell has five-and-one-half-foot-thick ing over S,900 people within a half-mile radius, and two reinfo ced concrete walls and the WHUT room has schools, the SERC order states, three-and-one-half-foot walls. "Most cobalt is in sealed sources- welded stainless steel containers,"
SERC issues Order he said.
Based on the fact that the facility handles radioactive materials, the flooding incident, and the facility's prox- he remanung cobalt-60 is contained in the rad waste, imity to a residential neighborhood and schools, the which was involved in the basement floodmg. AMS's SERC deternuned that participation by AMS in the facility contains air filters so that no cobalt escapes emergency planrung process was necessary. In July through the heating, ventilating and cooling system, 1995, the SERC notified the public, as required by stat- Miller said. Although Miller said NRC has determmed ute, of its intent to issue an order. Le public then had that the sealed cobalt 40 is not readily dispersible,he ;
45 days to submit written comments to the SERC. Ac- does concede that dueet contact with the substance cording to the order, the only comments not in favor of "would be dangerous or even fatal." He also conceded designation wem submitted by representatives of the in an interview that the rad waste would be poten-facility. tially dispersible if there were a major fire at the facility.
He SERC order states that AMS is required to partici-pate in the LEPC's plannmg process until "the amount At press time, the Ohio state attomey general had not of non-sealed cobalt-60 within [AMS's] possession is less yet filed an answer to AMS's lawsuit seekmg declara-than 10 curies." Ten curies is the reportable quantity of tory relief. +
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