ML20154H634
| ML20154H634 | |
| Person / Time | |
|---|---|
| Site: | 05000054 |
| Issue date: | 10/05/1998 |
| From: | Merges P NEW YORK, STATE OF |
| To: | Mcgovern J CINTICHEM, INC. |
| References | |
| NUDOCS 9810140276 | |
| Download: ML20154H634 (11) | |
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Tv i N;w Ycrk St:ta D:ptrtm:nt of Envircnmental Cont:rv tion Division of Solid & Hazardous Materials Bureau of Pesticides & Radiation 50 Wolf Saad, Albany, New York 12233-7255 518-485-8981 FAX 518-485-8390 John P. Cahill Commissioner OC.i aISCA S~O " 0 2
Mr. J. J. McGovern l Plant Manager / President !
Cintichem, Inc.
P.O. Box 816 Tuxedo,New York 10987 l l
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Dear Mr. McGovem:
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4 Re: Order on Consent Case #D200059005 1
This responds to your September 14,1998 letter requesting that the subject Order on Consent be terminated.
l As you know, the Order on Consent has been amended ten times since it was l signed in 1990, to reflect the progress of the successful decommissioning of the facility. I A review of the substantive requirements currently in the Order is enclosed. !
We have reviewed the dose assessments and pathway analyses performed by both Cintichem and the Oak Ridge Institute for Science and Education for the US Nuclear I
Regulatory Commission. We concur with their projections that the dose to the maximally exposed member of the general public due to the residual radioactive material on the site j would be less than 2 millirem per year. This Department's Cleanup Guidelinefor Soils Contaminated with Radioactive Materials, Division of Solid & Hazardous Materials k U
Technical Administrative Guidance Memorandum 4003 ("TAGM 4003") sets a dose guideline of no more than 10 millirem per year due to residual radioactive material following remediation. It is to the credit of Cintichem personnel, Cintichem's contractors, and Hoffman-LaRoche that the remediated Cintichem site more than meets that guideline.
Based on our review of the data submitted in accordance with the Order, the .
remits of DEC's confirmatory surveys and sampling on site, and the termination of the radioactive materials licenses issued to Cintichem by the New York State Labor ,- ,
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Mr. J. J. McGovern 2.
Department and the US Nuclear Regulatory Commission, we find that Cintichem has fulfilled its obligations under the Order and is released from all requirements set in it, j effective today.
DEC staff appreciates'Cintichem's cooperation over the past nine years. If you have any questions, please call Barbara Youngberg.
Sincerely, hy"^
Paul J. Merges, Ph.D.
Director, Bureau of Pesticides & Radiation Enclosure ,
cc w/ encl:
R. Aldrich,NYSDOL T. Dragoun, NRC j
' K. Magar, Town ofTuxedo T. Michaels, NRC D. Orlando, NRC ,
M. Knapp, NRC l I
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N:w Ycrk Stnts D:p;rtm:nt of Environm:ntal Conservttion Divisi:n cf S: lid cnd H:ztrd::us M;t:ri;ls .
Bureau of Pesticides and Radiation, Room 498 50 Wolf Road, Albany, New York 12233-7255 Phone: (518) 485 8981 FAX: (518) 485-8390 John P. Cahill Commissioner Cintichem, Inc. Order on Consent (Case #D200059005)
Status of Order on Consent and Basis for Terminating Requirements October 2,1998 Each provision of the Order still effective as of October 2,1998 is quoted here, followed by our basis for ending this requirement.
IV Discharges through SPDES Outfall 001 (A) All waste water containing radioactive material shall be dischargedfrom the site through the 001 outfallin accordance with thefollowing:
(1) The outfall shall be sampled biweekly by grab sample. Samples shall be collected in the 001 outfall before the discharge enters the Indian Kill Stream. The samples shall be analy:edfor strontium-90.
1 (2) The average concentration (averaged over any one calendaryear) of radioactive materialin the waste water dischargedshall not exceed the effluent concentrations '
for releases to water in Section 380-11.7, Table II, Column 2 of6 NYCRR Part 380. When more than one radionuclide is r' Meted !n the waste water, the sum ofratios ride (Section 380-11. 7, Note 4) shallapply. The m ? activity released shall not exceed 10 millicuries in any one ,
calendaryear.
1 In our July 27,1998 analysis supporting the July 28,1998 Amendment No.10, it was stated, In accordance with the Order, Cintichem reported monthly the total activity and average concentration of radionuclides discharged through the 001 ,
outfall. In 1997, the only radionuclide reported was strontium-90; the total activity reported discharged was 130 microcuries. The average concentration was 1.72 E-9 rniracuries per milliliter (pCi/ml). The ratio of the annual concentration to the applicat 'e concentration in Table II, Cohmm 2 of Part 380-9 (5 E-7 Ci/ml) is 0.003. To date in 1998, the total activity reported for the year is 33 Ci Sr-90, and the average concentration is 2.59 E-10 Ci/ml. These data indicate that the discharge has been far below the applicable limits set in paragraph IV(A)(3) of the Order.
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1 The source of the Sr-90 in the discharge through 001 is the soil and bedrock under the northeast corner of Building 2. Groundwater from that aria collects in the carpenter shop excavation (under Building 3, sampling point S-4).
From there, it is pumped to the retention pond, and is then discharged through l the 001 outfall. Since the beginning of 1997, the St-90 concentration in the water l collecting in the carpenter shop excavation has averaged about 40 pCi/l or 4.0 E-8 Ci/ml. All other sources of radioactive material have been removed from the site. There is no reason to expect an increase in the concentration of l radioactive material discharged through the 001 outfall.
Data on the radioactive material discharged through the 001 outfall from June 1998 through August 18,1998 are consistent with previous data. In those three months, Cintichem reported discharging a total of 6.2 gCi Sr-90, for a year-to-date concentration of 5 E-10 Ci/ml, well below the limit set in the Order.
This paragraph required that all waste water containing radioactive material be discharged through the 001 outfall. In the past year, the primary source of waste water containing radioactive material has been the water that collected in the excavation in the southwest corner of Building 3 (i.e., S-4). That water was pumped to the retention pond and the retention pond water was pumped to the 001 outfall. When the Order is terminated, Cintichem will no longer be twiuired to pump the S-4 water to the retention pond. If the excavation is not pumped out periodically, the water will have two possible paths: seeping back into the groundwater before reaching the reservoir, or moving over land and entering the reservoir.
To ana!vze the impacts of that discharge, it is assumed that all of the Sr-90 formerly discharged through the 001 outfall instead enters the reservoir. Cintichem reported monthly the total activity of St-90 that was discharged through 001. In the past year, the predominant source of that Sr-90 was S-4. Therefore, the total activity discharged is a good estimate of the activity that could reach the reservoir in one month, if the S-4 water took a direct route to the reservoir (this highly unlikely). In the period from July 1997 to July 1998, the maximum activity discharged in one month was 10.67 yCi, in May 1998. This number is used in the following analysis as a worst-case estimate of the activity that could enter tbe reservoir in one month.
In a February 1993 report [ Potential Effects ofCintichem proposed residual soil criteria on the water Quality ofthe Indian Kill Reservoir, prepared for Cintichem by Leggette, Brashears
& Graham, Inc.], it was stated that the Sterling Forest Water Company withdraws an average of 150,000 gallons of water per day from the Indian Kill Reservoir. (This number has probably increased since 1993, but it will be used, to be conservative.) For a 30-day month, the total water withdrawn would be 4.5 million gallons of water.
If the monthly total of 10.67 pCi of Sr-90 entered the reservoir and mixed only with the water withdrawn by the Sterling Forest Water Company (again, highly unlikely), the resulting concentration of S:-90 would be 0.6 pCill. This is an extreme upper bound and demonstrates that the release of the S-4 water to the reservoir will not result in a contravention of the Department's water quality standard for Sr-90 in Class A surface waters (8 pCi/l), nor from Page 2 of 6 i
l l-l a radiological standpoint, will it impair the use of the Indian Kill Reservoir as a source of drinking' water.
i Therefore, there is no need .to continue to require that Cintichem pump the S-4 water to the 001 outfall.
. IV. Discharges through SPDES Outfall 001
- (B) All wastewater dischargedfrom the site through the 001 outfall shall comply with .
the requirements ofthis subparagraph.
(1) Thefollowing limitations and monitoring requirements apply to wastewater dischargedthrough the 001 outfall:
' Measurement Sample Parameter Dailv Maximum faits Freauencv Iygg
?. Flow Monitor GPD Monthly Estimate pH(range) . -
(6.0-9.0) SU Monthly Composite Copper, Total . 05 mgA . Monthly ' Composite c fron, Total . 3.3 mgA Monthly Composite Zinc, Total ' O.15 mgA Monthly Composite
- Lead, Total ^ 0.025 mgA Monthly Composite
- - Solids, TotalSusp. 35 mg4 Monthly Composite i
Oil & Grease - 15 mgA Monthly Compos!te
[ (' 2) The monthly sampling event shall consist ofaflow-weighted composite made up ofreleasefrom boiler house operations and the retentionpond (S-12) during a representative time period ofapproximately 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
Cintichem has now obtained a SPDES General Permit for Storm Water Discharges from h Construction Activities, Permit Number NYR00C518. The SPDES provisions in the Order are l no longer necessary.
V. Release ofSurface Runof (A) Retentionpond (1) Releasesfrom the' retention pond to the 001 outfall shall be on a batch-
! release basis. A water sample shall be collectedprior to each batch release. The water may be releasedprior to sample analysis. Ifmore than one sample is collected in one calendar day, b the samples may be compositedfor analysis. The samples shall be analyzedfor strontium-90 within 15 working days ofthe day the sample was collected.
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.d (2) In the event ofheavy rainfall or surface run-offentering the retention pond, water may be continuouslypumpedfrom the retentionpond to the 001 outfall ifthis is necessary to preserve the integrity of the pond. In that case, the retention pond shall be sampled everyfour hours. Ifmore than one sample is collectedin one calendar day, the samples may be composited for analysis. The samples shall be analy:edfor strontium-90 within 15 working days ofthe day
, the sample wa: collected.
(3) Strontium-90 detected in releasesfrom the retention pond shall be considered waste water subject to the limits set in Paragraph IV(C) of this Order.
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In our analysis for Amendment No.10, we stated, 1
The concentration of Sr-90 in the retention pond has ranged from a maximum of 59 +/- 4 pCi/1, in February 1993 to less than the required detection limit of 1.5 pCi/1. The Sr-90 concentration has not exceeded 8 pCi/l since February 1997. In 1997, the average concentration was 3.3 pCi/l. In 1998 (as of May 28,1998), most sample results have been less than a detection limit of 1 pCi/1. In the past year (June to May), the highest concentration detected t was 3.3 +/-l.1 pCi/1.
The data demonstrate that the Sr-90 in the retention pond water is now less than the Depetment's water quality standard for Sr-90 in [ Class Al surface water. Mcweve because these monitoring results are used to assess the i activity and concentration of radioactive material discharged to the 001 outfall, the sampling should continue until the NRC licenses are terminated. There is no need to require sampling of the reteraion pond for radionuclides after that. This monitoring requirement should expire when the NRC licenses are terminated.
i j The US Nuclear Regulatory Commission (NRC) licenses were terminated on August 19, ,
- 1998; therefore, the sampling is no longer required to comply with Part 380. In addition, data on the concentration of Sr-90 in the retention pond from June 1998 through August 18,1998 continue to support the conclusions quoted above
- during that time period, the highest concentration of Sr-90 in the retention pond was 2.3 pCi/1, and the mean concentration of Sr-90 was 1.5 pCi/1.
This paragraph also set the requirement that the retention pond water be pumped to the 001 outfall for release. Based on the fact that the Sr-90 concentration in the retention pond has been less than the Department's water quality standard for Class A surface water for more than 18 months, there is no need, from a radiological standpoint, to continue pumping this water to the 001 outfall. In addition, the Sr-90 in the retention pond water originates at S-4, the excavation in the southwest corner of Building 3. Once the Order is terminated, Cintichem will no langer need to pump the S-4 water to the retention pond.
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(B) S-7 Runoff Cintichem may allow surface water runofffrom S-7 toflow into the reservoir.
Respondents shall collect a monthly grab sample at S-7and analyze those samplesfor the following metals: antimony, chromium, copper, lead, selenium, and zinc.
Cintichem has now obtained a SPDES General Permit for Storm Water Discharges from Construction Activities, Permit Number NYR00C518. The SPDES provisions in the Order are no longer necessary.
Xt7. In accordance with Paragraph XnTVofthe 1990 Order, Respondentsfiled a declaration ofcovenants and restrictions with the Orange County Clerk to give allparties who may acquire any intere.st in the site notice ofthis Order. The Department will consent to the removal ofsuch declaration upon thefulfillment ofthe terms ofthis Order. However, the Department retains the right to require that thefiled covenant and restrictions remain in place if the Department determines, even after the completion ofthe NRC approved decommissioning, that such covenant and/or restrictions are necessary.
The only substantive requirements remaining in the Order as of this date are described above. Cintichem has fulfilled them. The company submitted its last monthly report on September 14,1998. Therefore, under the terms of the Order, the Department consents to the removal of the declaration of covenants.
- 1. Previous Order and Amendments Superseded l
The provisions of the June 1990 Consent Order and the three amendments ofthat Order are replaced by the provisions ofthis amendment, exceptfor Paragraphs H1 through Hillof the 1990 Order, which remain in efect.
Paragraphs XXI through XXIII of the 1990 Order (copy attached) required Cintichem to "obtain and provide to the Department financial assurance in the form of an irrevocable letter of credit in the amount of five million dollars ($5,000,000) for the completion of work as described in paragraphs II, III, IV, VI, X, XI, XIII, and XVI of this Order and for any repairs, remediation or mitigation work determined to be necessary." A standby trust was also required. l Paragraphs II, IV, VI, X, XI, XIII, and XVI were deleted when the Order was amended in 1995 (Amendment No. 4). Paragraph III set the original groundwater monitoring requirements. They were amended many times and deleted by the July 28,1998 amendment of the Order (Amendment No.10).
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l The only areas where the Department had prime jurisdiction over the remediation on site was in the excavations in Building 4 and in the old Union Carbide Landfill. We p'e rformed confirmatory surveys and sample analyses in all those areas and concluded that the decontamination criteria bad been met. No further repairs, remediation, or mitigation work is
. necessary in those areas. Therefore, the financial assurance is no longer required for compliance 1
with the Order.
Attachment
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.t Paragraphs XXI through XXIll from 1990 Order on Consent Case No.- D200059005 ' l
- - xxI. .Within 45 days after the effective date of this order, Respondents shall obtain and_ provide to the Department financial assurance in the form of an irrevocable letter of credit in the amount of five million' dollars ($5,000,000) for the completion of
, 1 l work as described in paragraphs II, III, IV, VI, VII, x, XI, {
v XIII, and xvI of this order and for any repairs, remediation or l r mitigation work determined to be necessary. Respondents shall ,
establish an irrevocable standby trust fund, with an initial
- deposit of-one thousand dollars ($1,000.00). The irrevocable !
r t
f letter of credit and the irrevocable trust fund agreement shall meet the following requirements:
(A) Letter of Credit (
(1) Is identical to the wording specified in Appendix D for letters of credit, which is attached hereto and made a part hereof; (2) Is issued by a New York State or federally chartered bank, aavings bank, or savings and loan association, which has its principal office in New York, unless otherwise approved by the Department; and I (3) Is accompanied by a letter from Respondents referring to the Letter of Credit by number, issuing institution and .date and providing the following information: the name and addr'ess of the facility and/or site which is the subject of the l order and the amount of funds securing the Respondents' - ;
performance of all their obligations under the order. !
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Paragraphs XXI through XXIII from 1990 Order on Consent -
Case No. D200059006 (B) Standby Trust l (1) Is identical to the wording specified in Appendix E, which is attached hereto and made a part hereof; (2) The irrevocable standby trust fund shall be the depository for all funds paid pursuant to a draft by the Department against a letter of credit or payments made under the performance bond as directed by the Department; (3) The trustee shall be an entity which has the i
authority to.act as a trustee and whose trust operations are regulated and examined by a federal or New York agency; (4) ,Is accompanied by an executed certification of acknowledgment that is identical to the wording specified in Appendix F.
XXII. Respondents shall establish and maintain the standby trust fund until terminated'by the written agreement of the L Department,. the trustee and Respondents, or of the trustee and the Department if Respondents cease to exist. Respondents shall maintain the letter of credit until the Department provides i
L written notification to' Respondents that the financial assurance is nolonge{ required for compliance with this order. In the event that the Department determines that Respondents have failed -
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4 Paragraphs XXI through XXill from 1990 Order on Consent Case No. D200059005 to perform any 'of their obligations under this order, the Department may proceed to have the financial assurance-deposited into the standby- trust; provided, however, that before the Department draws on the letter of credit the Department shall notify Respondents in writing of the obligation (s) which they have not performed, and Respondents shall have a reasonable time, not to exceed thirty (30) calendar days, unless approved in writing by the Department, to perform such obligations (s). i XXIII. At any time, Respondents may apply to the Department to substitute other financial assurances in a form, manner and amount acceptable to tihe Department.
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