ML20196B353

Informs That M Grimmett Received Matl Requested Re Results of Lab Analyses of Environ Samples Taken Around Goodyear Facility in Wingfoot Lake,Suffield,Oh & Forwards List of Documents Sent

ML20196B353
Person / Time
Issue date:	08/08/1995
From:	Mccormickbarge NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Dewine SENATE
Shared Package
ML20196B028	List: ML20196B022 ML20196B049 ML20196B074 ML20196B153 ML20196B157 ML20196B299 ML20196B304 ML20196B327 ML20196B353
References
FOIA-98-341 NUDOCS 9906230172
Download: ML20196B353 (24)

Text

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I August 8, 1995 1

Senator DeWine ATTN: Helen Rhee 140 Russell Senate Office Building '

Washington, D.C.

20510'

Dear Ms. Rhee:

In January of thi year you contacted NRC Region on behalf of .C Mary Grimmet Ms. Grimmett ad requested we provide ith the res rf Cuyahoga f laboratory Falls.(nalyses a of en ronmental samples taken round the Goodyear ":ility on Wingfoot Lake, Suffield, Ohio. As was stated to you at that time it, conversations with Mr. William Snell of g staff, we were in the process of providing the information to)' dis. Grimmett}under the

?, t f This if a follorup to inform you that c. , 1, s.Freedom GrimmettTpasofreceived the r .irial ~Act eFr,eguested. It did take several P h.months long6r than anticipateoIr3 ormation @iith(F0IA).

the information due to /

questionsregardingwhetherghj%provid would be u ect to paying a fee for the [,{i '

material per the FOIA procers. However,h was subsequently given the .

informationgthout having to pay a fee. ached is a list of the documents ]

(Ms.Grimmett'asprovided. j i i

If you have any questions, please contact Mr. Snell of my staff at (708) 829- l 9871. l J. W. McCormick-Barger, Chief Decommissioning Section

Attachment:

As stated cc w/att: Laura Gerke, OCA Roland Lickus, RIII DOCUMENT NAME: A:DSWO8075. DSS Te veceive e copy of thle document,Indcateln the boa: 'C' = Copy without ettschment/ enclosure *E" = Copy with attachment / enclosure

• N' = No copy 0FFICE RIII G RIII es I NAME WSnell:j JMcCormic KJJ

( Bargert#Affw DATE 08/ 7 /95 08/ 8 /95 orriczAL ascono corr 9906230172 990621 f ,

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RESPONSE T YPE y i RESPONSE TO FREEDOM OF y l FINAL l l PARTI AL.

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(%u ,/ e INFORMATION ACT (FOIA) REQUEST gy g 3 g DOCKE t NUMBE R(5) Ilf spolocablel REoVEST E R bMs. Mary Grimmett L PART l.-AGE.kCY RECORDS RELEASED OR NOT LOCATED fSee checked boxes)

N; agency records subject to the request have been located.

N m additional agency records subject to the request have been located.

Requested records asa available through another public distribution program. See Comments section, Agency records subject to the request 4 hat are identified in Append;x(es) are already available for pubfic intpection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix (es) A are being made available for public inspection and copying

)( et the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOIA number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and copying at the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this FOI A number.

Agency records subject to the request that are identified in Appendix (es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.

Enclosed is inforrnation on how you may obtain access to and the charges for copying records located at the NRC Public Document Hoom,2120 L Street, N.W., Washington, DC.

Agency records subject to the request are enclosed.

• y Records subject to the request have bec.1 r*ferred to another Federal agency (res) for review and direct response to you.

I*

l' (NONFi Yoss will be billed by the NRC for fees totaling $ ,

You will receive a refund from the NRC in the amount of $

in view of N AC's response to this request, no further action is being taken on appeal letter dated . No.

PART af. A-INFORMATION WtTHHELD FROM PUBLIC DISCLOSURE Certlin information in the requested records is being withheld from public disclosure pursuant to the exemptions described in and for the reasons stated in P;rt 18,6, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public y inspection and copying in the NRC Public Document Hnom. 2120 L Street, N W., Washington, DC in a folder under this FOI A number.

OMMENTS

• The records identified on enclosed Appendices A and B are responsive to your request. Copies of Appendix A records and the releasable portions of Appendix B records are enclosed.

Your request for a waiver of fees has been granted for this request. This completes NRC's action on your request.

3NATU E DI ECTOR, DIVISION OF F REEDOM OF INFORMATION AND PUBUCATlONS SE AVICE S

'F[. AM /

(S'oned) RusseX A.Powell /

ST,1;UTION-DFIPS Subsect, Author, Branch Chief,0 rector of Adm nistrabon. Other: Pb/,/' M t C gg -@ pt C/ -

OFFICE l> ADM/DF PS/AU () A AQ /DFIPS/F01 A D M/0 F IPS/t,D ADM/DFIPS/IllR ,

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F OI A Nussac R. DAIL RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA)' REQUEST FOIA Ma r > .

c 12, (CONTINUATION) mal -

l PANI' it.B- APPLICABL E EXEMPTIONS Records subject to the raquest that are described in the enclosed Appendix (es) O are being withheld in their entirety or in part under the Exemption No.(s) and for the reason (s) given below pursuant to S U.S.C. 552(b) and 10 CF R 9.17(a) of N RC regulations.

1.1he withheld mformation es peoperty classified pursuant to Executive Order. (Ememption 1)

! 2. The withheid infortration relates so6ely to the e tiernal personnel rules and procedures of NRC. (Enemption 2) l l3. The wethheld mformation is specehcally esempted from public disclosure by statute indicated. (Ememption 31 Sections 141145 of the Atomic Enugy Act, whii;h prohibets the disclosJ e of Restricted Data or Formerly Restricted Data (42 S C. 21612165).

Section 147 of the Atomic Energy Act,which prohebits the disclosure of Unclassified Safeguards information (42 U.S.C.2167).

4. The withheld enformation is a Stade secret or commercial or financial information that is bemg withheld for the reason (s) indicated. (Exemption 4)

The mformaten is consedered to be conhdentia' business (proprietary) mformation.

The informetson es considered to be proprietary mforma en pursuant to 10 CFR 2.790tdH Ii The mformation was submitted and received m conhdence pursuant to 10 CFR 2 790tdH21

6. The wethheld enformat on consists of interagency or mtraagency records that are not avariabie through d.scovery du ring lit.gation (E nemption 51. Apphcabfe Privslege:

Dehberative Process' Disclosure of predecisennat enformation would tend to inhebst the open and frant e= change of ideas essential to the deliberative process Where records are withheld en theer enterety, the f acts are enesttecably intertwined with the predeeds.onal enformatson There also are no reasonably se,)regable f actual portions because the release of the f acts would permet an end. rect inquiry mto the peedecisional process of the agency Attorney work product ps.veicge (Documents prepared by an atiorney en contempiation of .rigavion i Attorney.chent privilege. (Confidential communications between an attorney and his/her chent)

6. The withheid mformaison es esempted from pubhc desciosvre because ets disclosuee would eesult en a clear'y unweeranted snvas.on of persoria s privacy (E xempteon 61 l

7. The withheld mformatron consists of records compisco for law enforcement purposes and es besng withheid for the reasontsi mdicated (Exemption 7)

Disclosure could reasonably be espected to Interfe' re with an enforcement proceedmg because et could reveal the scope. direction, and focus of eforcement of forts, and thus could possibly allow recipients to take action to sh.eid potential wrongdoing or a violation of NRC requirements from investegators. (Ezemption 7 (A)) _ _. . .

1 i

Disclosure would constetute an unwrarranted envas on of personal privacy (E xemption 7(Cl) l The enformation cons.sts of names or ind.viduais and other inso Wairon the d* bel %#c Of w hnch cous d reasonably be e sDected 10 reveal identit.es of i

I conhoential sources (Emempt.on 7 (DD O1HLH f

PART 11. C - DE NYlf, G Of f tCt ALS l

Pursuw to 10 CFR 9 25(b) and/or 9 25fc) of *e U S NucMar Regulatory Commission regu at ons. st has been deseemmed that the enformation withhefd is esempt from pro duction or disclosure, and that ses product.on or d sciosure is contrary to the pube.c ente.es: *be persons respons bie for the den.41 are those of ficia!s identif.ed below as denying afficds and the D rector. Dives on of Freedom of Information and PutAcat.ons Servsces, Othca of Admm stration, for any den als that may be appealed to the Executive Director for Opustions (EDOI.

DENylNG OFF*CIAL Ta rLEiOFFICE RECORDS O(NIED APPELLATE OFFICIAL l

lG l

-EDO SECRETARY 1 John B. Martin Regional Administrator App. B X

] RIII ll A

PART 11. D- APPEAL RIGHTS The denial by each denying official identified in Part ll.C may be appealed to the Appellate Official identified there. Any such appeal must be made en wetting withm 30 days of receipt cf this response. Appesis enust be addressed, as appropriate, to the E mecutive Director for Operations, to the Secretarv of the Commesuon, or to the inspector General, O S Nuclear Eegulatory Commission. Washington. DC 20555, and should Clearly state on the envelope and m the letter that it is an " Appeal from an initial FOI A Decesson." j lNRC FORM 464 (Part 21 (191) U.S NUCLEAR REGULATORY COMMISSION

APPENDIX A FOIA 95-41 To be released entirely

~

Date Description

1. Undated Calculations for Batch Sample (1 page)

2. 7/9/93 Section 5. Latioratory Procedures Manual ORISE/ESSAP (8 pages)

3. 5/2/94 Request for Analysis and documentation (3 pages)

4. 5/10/94 Fish Sample Calculations (1 page)

5. 5/10/94 Gross Alpha / Beta Activity and Error Report Batch 719F (5 pages)

6. 5/10/94 Gross Alpha / Beta Activity and Error Report Batch 719 (7 pages)

7. 5/11/94 Data Transfer Record with Printouts l (14 pages) j

8. 5/12/94 Fish Analysis Results (1 page)

I

9. 5/13/94 ESSAP Lab Work Request I (1 page) )

. \

10. 5/19/94 Ltr. E. Abelquest to D. Wiedeman re: Data results foi j samples from vicinity properties .

(2 pages)

11. 5/20/94 Personal Notes ,

(1 page)

12. 5/25/94 Sample Analyses--Leach Field (5 pages) 1

13. 5/25/94 Sample Analyses--Waterloo Road Sediment  !

(5 pages)

14. 5/25/94 Sample Analyses--0utfall #2 Soil' .

(5 pages)

15. 6/2/94 E-mail message. E. Abelquest to A. Boerner re: Fish Sample MDA (1 page)

16. 6/13/94 Uranium Activity and Error Report (8 pages)

17. 7/6/94 Gross Alpha / Beta Activity and Error Report *

(5 pages)

18. 7/6/94 ESSAP Lab Work Request (1 page)

19. 7/6/94 Uranium Activity and Error Report (6 pages)

20. 7/8/94 Request for Analysis w/ Sample Record Sheets (4 pages)

21. 7/8/94 Leach Field Soil / Gravel Analyses (6 pages)

22. 7/10/94 Sediment #3 Analyses (6 pages)

23. 7/11/94 Soil A Outfall Analyses (8 pages)

24. 7/11/94 Soil Sample C #3 Analyses (6 pages)

25. 7/12/94 Sediment Sample #1: Near Outfall Analyses (6 pages)

• 7/13/94 Sediment Sample #2: Analyses

. (5 pages)

27. 7/13/94 Sediment Sample #4 Analyses .

(6 pages)

28. 7/14/94 Sediment Sample #5 Analyses (6 pages)

29. 7/14/94 ESSAP Lab Work Request (4 pages)

30. 9/12/94 Ltr. E. Abt. quest to B. Snell re: . Fish Sample Results from Wingfoot Lake (1 page)

31. 1/26/95 Ltr. G. Shear to H. Grimmett re:-Filtering of samples (1 page)

32. 1/26/95 Ltr. E. Abelquest to B. Snell re: Water Sample Preparation (1 page)

l l

33. 2/6/95 Ltr. G. Shear to ORISE requesting Goodyear Aerospace Project records (1 page)

34. 2/16/95 Ltr. E. Abelquest to W. Snell re: Provision of Data regarding Goodyear Aerospace (1 page) l e

ga

r

?-

r L APPENDIX B FOIA 95-41 To be Withheld in Part-Date Description Exemption

1. 5/10/94 E-mail message w/ supporting Sample 4/6 l Analysis Data (21 pages) l /

2. 6/23/94 Sample Analysis Data 6 (10 pages)

3. 7/14/94 Ltr. E. Abelquest to B. Snell re: Data 6 Results for Water Samples from Vicinity Properties (2 pages)

4. 7/14/94 NRC Lab Analysis Request 6 (4 pages)

I l

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I BY TELECOPIER February 26, 1993 Mary Margaret Rowlands, Esquito McNamara & Freeman 11370 Cleveland Avenue, NW Post Ottice Box 367 \

Uniontown, Ohio 44685-0867 l

Re B1mnten neitz near Ms. Rowlands:

Mr. Beltz ' died of an osteogenic sarcoma caused by radiation

' exposure tirough groundwater contamination. As such, I would not be available to testify as to any other diagnosis or cause.

Yours trul Elaine B. Pan z , MD , FACP, FACPM ESP /jp PLAINTIFF'S EXHIBIT I a4 1

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1 FACSMILE TRANSMI' ITAL FOKivi Lake Township Trustees 12360 Market Avenue North Hartville, Ohio 44632 l Phone: 330-877-9479 Fax: 330-877 4179 l

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-m Please deliver the following pages to: C 4er oe/t/boS Being transmiticd from:___ UE () L E Y

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CONCERNED CITtzEM6 l

OF t.AKE TGWNSHIP gp P.o. ses m unionmen ou 446ss a=g"r hW his

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FROM: "CCLT 5/19/98  %

Tor INTERESTED PARTIES RE: COMPANIES AND EPA READY To CUT DEAL ON IEL " CLEANUP" THIS THUR8 DAY? . . - - - - - - - - - - -

Lake Trustees just obtained this information on landfill discussions from Judge Manos. It appears to us that the

" bargain basement blue light special" is all but in the bag.

• Sounds like they managed to downgrade the " cap" proposed in the ROD in 1989 to a cheaper one to save the polluters 1 some bucks.

f

• From what we can glean from this write up, they must have completely Treat" done away with half our cleanup - the " Pump &(Soundo by the polluters last March, when we were refused access to sampling the same wells onsitc. Those were the samples that were analyzed at a non CLP certified lab that went against the EPA requirements.)

l

• Instead, it appears they will " monitor" the groundwater as mother nature takes care of any chemicals leaking out by l

natural attenuation i.e, " Dilution is the Solution to the Pollution" apparently in their book. This is of course consistent with what Republicans We have also beenthis saw trying kind toofpush thought through Congress for years.

process in action when they waited nearly a year and a half to come back in to resample wells after high levels of nuclear Tritium had been found during a drought period.

• While EPA weakly mentions some Gross Alpha Beta testing (we presume they mean of wells placed offsite around the plume) conveniently just doing Gross Alpha and Beta will not detect Tritium, Plutoniums, Technetium 99 orThey other fission products. sosides, what lab will be used? one of the polluters' choosing?

We are not surprised if they've gotten tid of the pusep and treat. Ohio EPA cold us long ago that if " man-made radiation was found, they'd probably have to scrap the pump &

treat." - A really neat way of avoiding ever having to test the pumped up effluent, which could have produced damning evidence in a more concentrated mannen It also appears the Judge has bought the SAB report findings - despite the hugh controversy with the National EPA Ombudsman being blocked from investigating this issuc.

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FACSMILE TRANSMTITAL ~ FORM Lake Township Trustees 12360 Market Avenue North Hartville, Ohio 44632 Phone: 330-877-9479 l Fax: 330-877-4179 Picase deliver the fellowing pages to:

Being transmitted from: .. a nNI>

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Date: _S'l Y'?f Page/_ of _-7_/_ pages i

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this ==iple la error, please notify us immedentely by eclephone and retwa she original message to us at the addoss atmevis the U.S. Postal Service. We spill reimburse you for the costs you inser la notifying as and returning the inforuuden a vs. Thank )

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l 1 UNITED STATES DISTRICT COURT'jf F"-lq p f 7"'v l NORTERRW DISTRICT OF OBIO 2 i EASTERM DIVISION - .

. . . - y-3 UNITED STATES ENVIROWNENTAL .

4 PROTECTION AGRECY, .

I l OWIO SNVIRONMENTAL .

coa--lifr^rd "aires PROTECTION AGEMcT, 5 .

. /~ee. syCyre s= T E Plaintiffs, . No. 9TCV2559 '

l 7 -vs- .

. Cleveland, Ohio a INDU5 TRIAL SXCESS, et al., . April 2, 1998

. 2: 30 p.m.

9 Defendants. .

10 11 TRANSCRIPT OF STATUS CONFERENCE i SEFORE Tas BONORABLE JORM M. MANGE DNITED STATES DISTRICT COURT SEWIOR JUDGE 12 1 12 l APPRARANCES:

14 Per the Plaintigf, United States EPAs United States EPA as my: TIMOTBY TEURLOW, 559 77 West Jackson Soulevard l

l 16 Chiongo, Illinois G0604 17 For the Plaintiff, l

l Chio EPA: Byt TIMOTRY J. KERN, 280 18 Assistant Attorney GnaeraJ 30 Best Broad street 19 25th Floor Columbus, Ohio 43215-3424 20 l

ror the Defendantes rs1 Lee a sonry 1 21 Sys Lout $ TOSX, ESQ.

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! 22 By: DOUGLAS G. BAYNAM, BSCl.

l One Seagate, Suite 1700 23 Toledo, Ohio 43603-20ts 24 t Court Reporter Priscilla A. Befner, RPR Carol D. Bill & A s s oci s t.e s 25 55 Publie square

'W Cleveland, Ohio 44113

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THE court New, we are tal4ing 3

3 about the esp. And we are talking about the groned i 4 wat... g Ma. TEURLow: That's right.

5 THE COURT: And for the record, tell I 6

7 me what the parties have agreed on the resoluti on of a chose two issues, because I was a little concert.ed 9

when you said somebody has yet to do something j 10 before we have en agreement that will be a compJ ete ,

11 agramment. Tell me.

The part that sti3 1 13 MR. TEURLOWs 13 needs to be dans?

14 TBS COURT: Tell me what the 15 agreement is.

Okay. The agreeme nt 26 MR. TEURLOWs The re 17 is this: As you said, there are two parts.

18 is the esp part. There is the off-site groundwa ter 19 part. With respect.co the cap, 7. 5 EFA made a a

20 proposal, which was November 10, 1997, which was 21 conventional cap on the site, but it differed 22 substantially from the origimmi cap that RFA

- 23 proposed back in 1989 And we have reached 1

1 24 agreement that that is an acceptable esp for the i 25 site, h 1 __

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• 2 mese of the 1 we have had some discussions about us during the 2 optiony that might be proposed to design phase. And we have agreed that we are 3

a wkLling to consider some options within thas 5 November to proposal. Bat, in any events 5 substantially what we have agreed to in the E P_A vemb 7 ve g of the cap that we put forward i w

. 1, . . 3 ith reepest to the oft-site groundwater -<

9 MR. 2'osI Tour sonor, excuse se ,

10 '

chst la I would just like to say, for the record, 12 is correct.

Thank ynn. .,

23 MR. TBumLOWs 14 with respect to the off-si.te grouudwater, what we have agreed to is thiss That we have agreed khat 15 as we will have a monitoring well system off efte t hat 17 will include installing sono new wells off site. It is will imelude also using some of the old wells that 19 are already out shore.

/

20 And the purpose of that system is as follows:

/

21 It will tell as whether or not natural attenuation 22 ,

is eeenrring oft site; that is, the problem in the contamination that

' 23 froundwater is that there is some 24 is est there. It is contamination that we belle re i

2S has escapes from the landfill, 4

1 -

E 0

4 TX/HX NO.0398 P.0( 7 g 05/19/95 13:51

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. 4 TBE COURT: sow do you believe ,

1 J 2 that?

Well, because you can 3 MR. TEUPLOW1 t 4 mee Krem toeking at the sample results. I THE COURTt Wave your experts told ,

5 6! you that?

Ma, T3DgLow Yes. Our experts 7

Erom the landfill, because of a believe that it case S

what the data froar the sampling of the welle hao 10 shown. Se, the question is, what da you do about 11 that centssimation that is beyond the boundary of 12 the landfill?

The landfill is going to be taken omre of hy.the cap. What do you do about the 13 "

14 contamination that has s1 ready gotten out there 15 our experts believe that it is possible that remediated by natur ni

' 16 , that contamination could be ring 17 processes; that .L s , that there are things occur 28 out there and that over time we will reach the cleanup levele that are necessary just by naturni 19 20 processes.

naturmi processes 21 we have the ability to allow l

22 to work there, because we have an m1 ternate wator so nobody is drinking 23 supply for those people there, 1ss that water. So, that allows us some leeway to a

24 is taking plan:a isk 25 nhia to monitor this process that N , __

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1 the groundwater and ensuse that natural processes '

2 are indeed working and that they will eventually 3 clean up the water to the point where we have 4 reached the cleanup levels. ,

5 Thu oth.c objoetive or the off-site monit oring 6 my e t een le to make sure that me contamination is 7 going to reach somebody who is dependent upon a 8 well. There are st11.1 people who are drinking 'aater 9 from wells. They are beyond the boundaries, fo r the  !

10 most part, of the alternate water supply system . .

11 And what we wanted to do is make sure that we can 12 tell those people that we are going to look at thet .

13 water, and if there is any indication that .

14 contamination could rer.ch their walls above the ,

1 15 cleanup isvels, that we would require some acti< >n to  ; ,

is p.cotecs publie health.  ;

27 so, what you are doing is you are saying O. hat  !

it we are willing to see whether natural attenuation 19 will take care of this contamtmation off site. And l r

20 we are also going to make sure that just in caso it l 21 doesn't work or we've got some problem, that we' ve i 22 got volle la there to sun ke sure that we are going to 23 protect the people who are still drinking water from l.l 9 24 triuking water contaminants.

25 So, that is bas {.cally the outlines of the "

\ _ _ _ _

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1 agreement with respect to the off-site monitoring.

2 The one issue that I mentioned to you that we 3 have not reached complete agreement on is the 4 guestion of whether or not we should do some 5 radiation testing with respect to that groundwater, d You will remember, .7adge, that that hac been an 7 issue at the site.

8 EPA looXed iDto that issue and concluded that '

9 there was no problem with radiation at the site .

10 The science Advisory Board, however. did l

11 recommend --

j 22 TR3 COURT: This was done after 13 exhaustive tests.

14 MR. TEORLOWs It was. And the 15 Science Advisory Panel that in the EPA Panel of 16 I experts suggested that there be some additional 17 testing in the future as a kind of conservative is measure, just to make sure that we are right. '

l 28 TEE CottRT : Bre 11, if there is

> l 20 nothing there now, nothkag is golag to be done . Ln '

1 21 the future to dump stuff around there, what doe r one '

l 22 anticipate is going to be found in the future? '

f i

23 Ms. TEURLOWs Well, one would hispe i 24 that we find nothing. f 25 TEE COURT: You are doing this as a L

F I

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05/19/94 13:51 TX/RK NO.0398 P.010 3

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• H ***1 1 protective measure.

3 MR. TRURLOWs we are doing this as a l

l 3 protective measure. That's right. ,

4 THE COURT: MY. Tesi.

8 KR. TOSIs It is not agreeable to us 8 to de the radiatica testing. That is the small part 7 that separates us, we thlak both counsel belis to '

{

$ that we ought to be able to resolve it. But, w e are 1

9 not agreelag to de the radiaties testing, no. {

10 um. TaymLow What I need to de is r 11 meed to ask my management to what degree we are l 12 going to insist on that. Mr. Tosi has said tha t the j 13 hottom line for him is that the defendants don' t 14 l want to pay for that testing. I suppose that e ne of 15 the options that U. S. epa might consider is wh nthez l 35 ,

or nnt the government might pay for it.

17 In may event, of all of the issues that have 18 come ap, the things that we have dimenssed, tha': is 19 the only one that is out there which we have not 2e reached an agramment in principle as to. And I 21 don't want to give you the impression whatever +- 1 22 believe that that could stymie this agreement. I 23 believe that there are ways to deal with that 24 problem. I just can't say that of the various 25 ' possibiliti== that I know it Le goins to be thin one I

05/19/98 13:51 TX/RK HO.0398 P.01 g 1 l l 1 I

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1 or that one until we have had a little more cime to 2 discuss this with both Chio EPA sud my manageme nt to 3 see how do they want to jump on that particular:

4 issue.

5 Tan counts Mr. Tosi.

Your genor, at this time, ,

6 MR. TOSI:

7 I weald like for the record to state what I be1 Levs 8 our agreement is on behalf of my clients, who a ee '

9 Goodyear, SF Goodrich, Bridgestone, Firestone, ,and 10 Gencorp, just four of the parties in this case.

II We have agreed in principle to undertake the I 12 following work for D. S. EPA at the industrial 13 access landfill site The first work is -- whi.=h 14 Mr. Thurlow stated -- we would agree to underta,ce 15 construction and the costa of installing what i s 16 consonly known as a eenventional solid waste aalp.

17 And that solid waste cap is outlined, for the 18 record, is a November 10, 1997 letter to our 39 consultanto Nr. Larry Sweeney, from U. G. EPA *a 20 remedial project sanage:, Rosa del Rocario.

21 In the discussions between our technical )

22 parties, it was agreed that as we undertake the 13 construction of that cap, EPA would agree to 14 ,

consider 11axibility at some of the design phesus 25 tha.t sight save additional cost. But, we are unable i

i t

1 05/19/96 13:51 TK/RX NO.0398 P.012 3

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_ _ .  ! i 1 to specify what those may be at this time. t 3 so, we are in substantial agreement with the Thurlow 3 settlement based on those poinss, whiob Mr. l I

4 also sentioned. i I

B With scapaat to groundwater, we are agresa,b l e se 6 if we enn mehieve the full settlement la this ca ,

f 7 to undertake the following types of actions: I will make no cosunent -. we de net agree, first of s12 8 '

9 with Mr. Thurlow that charm is contamination off 10 l site. Ent, is order to resolve this case, we az o )

21 willing to undertake the insta11stion and operat ion l l

12 et a groundwater monitoring system over the mest 13 minians of - f1.we-year period to demonstrate kla at 14 fast. That system would consist et approximatel y 15 ten new monitoring welle, both seas the landfill and is away from the landfill. Those saw wells are in 17 addition to the current 16 or so that are curren tly le there. And we have agreed no". to spooity the ma act 19 niumber of wells, whether it is ten or 31 or 12 e a 20 <eight or niae, because field conditions may dictate 21 minor changes. That's not a significant point t o 22 us. of this well system we will install one 23 additions 1 backgrosad. The background wells serve 24 an important purgese: To create a data base at what 1

d 25 Watez (tality is naturally, av opposed to water I

?

4

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cs.rspess 11513:30 FAKl318 694 0699 20 1 quality affected by the landfill.

2 We nava aise agreed to install what couns el 3 for the United States and we refer to as recept or l t

I a walls. These are new walls to be installed in the  !'

4 5 area beyond the curgmac apublic wat.or supply system '

where there may be pum Lie s to confirm that in areas 7 ,

use groundwater will not be threatened.

1. We have also agreed t,o establish one or tire s '

new wells for the purpose of confirming what wo 10 believe is occurring at the site, which is natural 11 l mttenuation. Naturel attenuation is another wa;r of l 12 referring to the ability of caesicals to degrad4e in ,

I We 13 the environment. We believe that is going on.

for 14 have agrand to continus this monitoring program 15 a period of five years fsom tha date we installod 16 it.

TEE COURTr Is this agreeable Eqp 27 18 yem?  !

MR. TWORLOWs Yes, it is.

19 ME. TosI Just interrept me if Z 20 ,

21 i say anything incorrect. I $ust want these detaRis 22 on the record -- give years, am whir h time EPA trill l

23 ase e whether we can sad The mor.itoring prograt t or 24 aantinae it. It is our hope that at that time ire a

25 can have closure by ending the monitoring program.

a i

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we have agreed la the first year to i So, ,

2 groundwater sampling on a guarterly basis. I 3

actual sampling of the water w&ll take place '

In year two, we will continue guaruerly 4 rrn arterly.

s to S sampling, but the agency will remain open for u j

5 request that based on the first year's sampling that .

7 we reduce the number of parameters saspied.

8 Tour Honor, in the first year we are going to 1 1-. hough 9 sample for a full ET A scan of chemicals, even ,

we believe they may not he there. But, after

1. hat 10 i acy i l 11 year's data is gathered, we can request the agt t 12 to limit our ehemicale sampled to omos that arc.

13 present in the first year.

14 For years three through tLee, we w111 de semi-annual sampling. The agemey has agreed ec, he is 16 willing to consider petitions to reduce the the 17 parameters or change the suppling frequency as taete demonstrate at that time, we can't comm1 e to tu i 19 what that will show.

20 At the end of that five-year period, ther e 21  ; will be a review of whether local conditions necessitate further monitoring will be required i 22  ;

for a 23 The agepey has asked us to continue to monitor

-- (

24 parameter called Alpha seta. I believe 9

MR. BAYNAM.: Cross Alpha seta. i 25 p

1 i

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l Gross Alpha Deta. we 1 ' NR. TOST:  !

U l 2 have declined to do that. \

2 THE COURTa You have what?  ;

4 MR. TosIs we have declined to 5 undertake that monitoring as part of this sett1 EmeAt for the f oli ossing reasons: First, we believe tae ,

s j

7 radiation issue has been resolved completely by the s science Advisory Board and all. the study; and ,

a seoemd, our clients had sent conventional pollu': ants 10 there, and we are not willing to Dear any i 13 responsibility or cost for these arguaply positio.s t 32 radioactive contaminants. So, that*a a 13 that Mr. Thurlow referred to.

14 There is also one additional issue out th<bre is that the counsel h=11 vn should not stand in tha way of'this agreement in principle. Today the unitod 10 IT States during our negotiations presented us withn list of six residences which are within the pub

.ic ,

is 1 la water supply system, but currently have some type of 20 well. We have mot been able to confirm that liot,  !

l 21 and we have made conditional proposale to the patited 22 States on ways to resolve any questions posed up 22 those welle. But, we are convinced we will be atbie 24 to resolve any outstanding issue with those wells, 25 cithet through expanding our son'isoring system or j

TX/RX No.0396 P.016 05/19/S8 13:51

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• 3048601Dn i BENSON SCOT

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.gfgesse tre sa:sa rastaras c:4 esca , '

13 ,

1 having the county or come other party aseist as in i i

2 putting those persons on public water.

3 NR. TEURLOWs And U. S. EPA agripes 4 to sh.s.

5 MR. TOSIs Eo that, what my faux -

k companies' elience have agreed to do la underta'ce E

gs I 7 construction of the cap, which was presented to s  ; by U. $. EPA, and the groundwater monitoring [

F-i 5 program, which I ouclined, in order to confirm )

n 10 conditions at the site will not pose a threae to 11 public health and safety. And we will be w.illing to f I

12 undertake those actions as part of the fu11 and 13 complete settlement of this matter.

14 mR. TEORLQW: 1 ogree wLth what r

25 Mr. Test has presented.

16 TEE court: Does the state of Ohio

)

17 vant to be heard 7 28 KR. 3CERN Your monor, the s t a1r.s; of l 29 Ohio ir. in agreement with Mr. Thurlow that we as u in 20 agreement with that position.

21 TER COURT: I can't hear you.

22 i Please come forward.

22 w3. gggy: The state of Ohio is in 24 agreepsat with the position outlined by 25 Mr. Thurlow.

1 - _

1 05/19/98 13:51 TX/RX NO.0398 P.017 g

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Let the record eo ytow, 1

THE COURTr I

MR. RERWs I would want to ment.Lon 2

3 that the cost issue is still unresolved, thonga.

well, that's a thir-1 4 ,

TEE COURT:  !

s losue. {i 6

)

Well, what I would like to see is this put on il one! lf 7 paper, memorialized as an agreenset, 1 caving the 8

issue of that radiation aside, but all the othe:re a put down and signatures affixed to that agreemelat, the United on what both parties have agreed 10 11 States and the defsadants that make up the four 12 companies that are here.

13 ott the record.

14

---ooo---

15 Off the record discussion.

om-QQQ--w hh 17 (Progeodings concluded at 3 p.m.)

18 19 20 i

21 22 s

23

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t b TX/RX NO.0399 P.018 g 05/19/98 13:51

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C018 l' 85/19/98 1G 2' . 17384 Mt;RB N SEN50N SCOT 05/10/08 18:15 Fall 1330499073 Oosa l ess2ssng 111: Lasse FA3',*1v 604 **'~

IS CERTIFICATB j 1

STATE OF QEIO, )

3  ; SS COGNTY OF CUTAROGA. )

3 >

4 ,

(

5 I, Priscilla A, gefner, hereby certify that T 6

7 reported stenographically the proceedings in tho above-entitled matter en this date, and that tho a

foregokag is a t.r ne and correct transcript of up ,

3 10 said stenographic notes.

11 ,

12 13 14 WELucilla A. Refuer Registered Prefossional Reporter.

15 Notary Public within and 18 for the State Recorded of Ohio.County.

in CuyaRoga 17 My commission expires 2/11/02 l

18 19 I

20 l

21 22 1

23 l 24

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g 25 -

i 1

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