ML20141M861
| ML20141M861 | |
| Person / Time | |
|---|---|
| Issue date: | 02/19/1986 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Siegler E ENVIRONMENTAL PROTECTION AGENCY |
| References | |
| NUDOCS 8602280479 | |
| Download: ML20141M861 (2) | |
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1 February 19, 1986 Y
t Ms. Ellen Siegler (
Office of General Counsel United States Environmentel Protection Agency LE-132W Washington, D.C. 20460
Dear Ms. Siegler:
i This letter is with regard to our discussions on the United States Environ-1 mental Protection Agency's ("USEPA") proposed listing of four contaminated
- sites in West Chicago, Illinois on the National Priorities List ("NPL") under
[ the Comprehensive Environmental Response, Compensation and Liability Act
- ("CERC LA") . Your letter to me dated January 23, 1986 accurately summarizes the principal points you and I discussed on January 22, 1986.
l Let me briefly restate the position of the NRC staff on the question you
! raised. You inquired as to the NRC staff's view on whether USEPA should proceed with listing of Reed-Keppler Park, the City of West Chicago Sewage i' Treatment Plant, the Residential Areas in West Chicago, 'and Kress Creek / West Branch of the DuPage River on the NPL. These four contaminated sites were proposed for inclusion on the NPL on
, October 15, 1984 (49 Fed. Reg. 40320).
1 The NRC staff strongly endorses the' listing of these four sites on the NPL.
j These sites are not, and never have been, licensed by the NRC or AEC, j although the Staff believes it is clear that the radiological material at these
- sites came from the West Chicago Rare Earths Facility, which is under NRC.
license. In answer to your specific question regarding USEPA's policy against NPL listing of sites where the releases are from an NRC-licensed facility (48 Fed. Reg. 40658 at 40661, September 8,1983), the, NRC staff believes that the policy should not be applied to these sites.
Based upon a comprehensive survey (Oak Ridge Associated Univdsitim .1984) of the Creek and River, the Staff has concluded that ' thorium contamination from -the operation of the West Chicago . Rare Earths Facility exists in and along porticns of the Creek and River in excess of USEPA regulations in 40 C.F.R. Part 192, Subpart E. 'WhUe the Staff issued an enfs: cement order against Kerr-McGee requiring it to show cause why it should not be required to clean up the radiological contamination in and along the Creek and River, that order is being contested by Kerr-McGee. These facts provide additional reasons why USEPA should proceed with the lis+1ng of Kress Creek and the West Branch of the DuPage River on the NPL.
I wish to clarify one statement in your letter. I did not mean to indicate that the Atomic Safety and Licensing Board has ruled as to whether the NRC has authority to require Kerr-McGee to clean up such chemical contamination in and along the Creek and River as may have resulted from operation of the i , ,
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' Rare Earths Facility. The Board has not been faced with this question and, therefore, has not ruled on it.
If you have any questions regarding the NRC staff's position as stated in this letter, please do not hesitate to contact me.
Sincerely, 80riginal signed by Stephen H. Lewis Deputy Assistant Chief
. IIcaring Counsel it
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DISTRIBUTION Lewis /Chron Rutberg Hodgdon/McGur en Murray Christenbury Liebeman Olmstead/Fonner Wagner W. Crow /M. Horn-396-SS Shafer/Schumacher/Berson-Rgn. III OELD FF (2)
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