ML20210K017
| ML20210K017 | |
| Person / Time | |
|---|---|
| Issue date: | 07/08/1994 |
| From: | Caniano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20210J835 | List: |
| References | |
| FOIA-97-218 NUDOCS 9708190115 | |
| Download: ML20210K017 (7) | |
Text
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NUCLEAR REGULATORY COMMISSION UNITED STATcS j l U REGION lit 4
e 801 WARRENVILLE ROAD
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LISLE, ILUNOIS 60532-4351 JUL 6 1994 HEHORANDUM FOR:
Nuclear Materials Safety Branch Technical Staff FROM:
Roy J. Caniano, Chief, Nuclear Materials Safety Branch
SUBJECT:
REGION III RESPONSE TO RADI0 ACTIVE MATERIALS FOUND AT LANDFILLS, SCRAP YARDS, ETC.
Attached is a memorandum dated June 21, 1994, from AE00 to the Regions describing agency action to be taken when we become aware of radioactive materials being found at landfills, scrap yards, etc.
In the past, Region III took a leadership role in following up these notifications involving our responsible jurisdictional areas.
Some of our past actions have included dispatching of inspectors and requesting state assistance.
Following some recent events which occurred outside Region III jurisdiction, it was determined that the NRC is not the Lead Federal Agency (LFA) responsible for responding to certain events including radioactive materials being found at landfills, scrap yards, etc. The lead agency in such cases is the EPA.
The responsibilities of response are outlined in the Draft Federal Radiological Response Plan (FRERP), a copy of which is attached to the June 21, 1994, referenced inemorandum.
Effective with this memorandum, and as described in the attached memorandum, any notifications which we receive pertaining to the identification of radioactive materials at scrap yards, landfills, railroad sites, etc. will be forwarded to the EPA. The phone number for those notifications are attached to the June 21, 1994, memorandum.
In accordance with NMSS guidance, the caller should be provided the EPA number and instructed to make the notification.
In the event that the notification to the NRC is by way of the NRC Operations Center, the Operations Center has been instructed to forward the caller to the EPA.
In the event that the EPA traces back the source to an NRC licensee or Agreement State licensee, the NRC will thn take over a's the LFA and assume responsibility.
Once the information is received from the caller a brief morning report will be prepared summarizing the notification and indicating that the matter has been referred to the EPA in accordance with the FRERP.
A copy of the morning report will be forwarded to NMSS (Fred Combs).
07/14/94 J
Fuel Cycle 8 Decommissioning Branch:
/
This guidance is to be followed.
If you have any questions, please call Gary Shear.
i 81 5 970812
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A TTA CHMENT B COLERIO97-218 PDR F
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Pagefoi Pages i
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Nuclear Materials Safety Branch 2
Technical Staff E-g igg 4 This memorandum and its attachments should be placed in your NMSB procedure manual.
If you have any-questions please contact me.
AYf -
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<nKe J Ca iano, Chief (JKic,1 ar Materials Safety Branch
Attachment:
As stated cc w/tttachment:
W. Axelson C. Pederson G. Shear F. Combs, NMSS 4
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UNITED STATES if NUCLEAR REGULATORY COMMISSION
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s c 9f MEMORANDUM FOR:
C. William Hehl, Director
-Ift Division of Radiation Safety and Safeguards J,O p Region I
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I J. Philip Stohr, Director
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Division of Radiation Safety and Safeguards /
Region 11 W. L. Axelson, Director
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Division of Radiation Safety and Safeguards 3+[
Region Ill Samuel Collins, Director Division of Radiation Safety and Safeguards Region IV p
FROM:
R. Lee Spessard, Director Division of Operational Assessment Office for Analysis and Evaluation of Operational Data
SUBJECT:
REPORTING AND FOLLOW-UP 0F INCIDENTS INVOLVING RADI0 ACTIVE MATERIAL AS IDENTIFIED IN THE DRAFT FEDERAL RAD 70 LOGICAL RESPONSE PLAN (FRERP)
The recently published draft Federal Radiological Emergency Response Plan (FRERP) ioentifies the lead Federal Agency (LFA) for different types of incidents. The NRC is designated as the LFA for emeraencies involving the g
.shioment of radiological material and for emergencies that _oc_ cur at a TEd
~
facility licenssT6v the NRC or an Aareement State.
For incidents at other facilities or involving radiological material not licensed by the NRC or an Agreement State, the LFA is n_ot the NRC. Table 11-1 in the draft FRERP g
identifies the designated LFA for different incidents and a copy is enclosed for your information (Enclosure 1).
In the last few months, we have been notified of several. incidents for which, according to the draft FRERP, the LFA should be the EPA.
In those instances, we notified EPA and it accepted the lead; however, the NRC remained available to support EPA.
If EPA traces the source of the material involved back to an NRC or Agreement State licensee, then we would take over as the LFA.
Examples 2
of reports where EPA is the LFA include unweified radioactive material at community landfills, non-licensed material, contaminateo imports, and~
unspecified contaminated scrap at a steel f acility.
In a Staff Requirements Memorandum (SRM) issued on April 13, 1994, the Commission directed the staff to refer future cases of contaminated imports to EPA for follow-up as the LFA under the draft FRERP (Enclosure 2).
G 30G l
2 In 'accordance with the subject SRM,. I am requesting that you take the necessary steps to ensure that we inform the appropriate LFA when we are notified of-such incidents.-
Please inform your technical staff in materials-licensing and inspection programs and other staff who ma
- initial call of this change in reporting and follow up. y be receiving the-Included for your ust
-is the _ Headquarters Operations Center call-list (Enclosure 3).
These are the numbers that the-Federal agencies have requested us to use'for notification of incidents.
My staff has discussed and coordinated this matter ith the cognizant staff in the Office of Nuclear Materials Safety and Safeguards and the State and 1
Federal liaisons in the Office of State Programs.
The Office of State Programs will inform-the appropriate. State representatives of this new l
approach. -The notification of incidents in which EPA is the LFA can be made directly to the EPA without going through the NRC.
i If you have any questions, please contact Aby Moh!.eni of my staff at (301) 41S-6409.
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- c. e..a, e R. Lee Spessard, Director Division of Operational Assessment Office for Analysis and Evaluation p
of Operational Data-
Enclosure:
As stated cc:
R. L. Bangart, OSP M. E. Lopez-Otin, OSP-
.R. M. Bernero, NMSS C. J. ' Paperiello', NMS'S
-C.
G. Jones,- NMSS-
-M. Knapp, NMSS-R. F.-Burnett, NMSS d
i
ENCLOSURE 1 h
FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN Draft December 21,1993 0
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W A
'IME FEDERAL, RADIOLOGICAI, EMERGENCY RESPONSE PLAN
- 11. CONCEPT OF OPERATIONS i
s A.
Introduction i
4 The concept of operations for a response provides for the designation of one agency as s
6 the lead Federal Agency (1.FA) and for the establishment of onscene, interagency response 9
centers. The r RERP describes both the responsibilities of the LFA arw! the other Federal e
agencies (nat rnay be involved and the fuim.tions of each of the onscene centers.
The con:ept of operations remgnires the preeminent role of State and local governments is for determining and implementing any measures to protect life, property, and the environment la la in areas not under the control of a Federal agency.
In la B.
Detertnination of Lead Federal Agency (LFA) 4 il is The agency which has cognirance of all aspects of the Federal response is referred to as it the LFA. 't he typc of emergency will deterintin: whidi d6cocy is the LFA. In situations where a Fcderal '6cncy owns, authorites, regulates, or is otherwise docrned responsible for the facility is or radiological activity causing the emergency, nrd has authority to take action onsite, that it agency normally will be the LFA.
to 2:
u The following identifies the LFA for each specified type of radiological etnergency.
n 24 1.
Nuclear Facility 85 to a.
Ucensed by Nuclear Regulaton Conunisalon (NRC) or 37 an Agreetnent State li 39 The NRC is the t.FA for an emergency that o: curs at a fixed facility licensed by the NRC or an Agreement State. These incitMe, but are not limited to, commercial so (kmNr Ji, IW) if l Dre A
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n-a.
s...
THE FEDERAL RAUlOLOGICAL D1ERGENCY RESPONSE PLAN nuclear power reactors. fuel cycle facilities, gaseous diffusion facilities, and radiopharmaceutical 2
manufacturers, 3
4 b.
Owned or Operated by DOD or DOE S
The 1.FA is either DOD us DOE, dependin6 on which agency owns or e
aulliurlies operatiori of the facility. These emergencies may involve either reactor operation or 7
a radioactive material from nuclear weapont, 1
e io c.
- Not Llcertsed, Owned, or Operated by a Federal Agency or an 11 Agrument State l
in 13 The tiPA is the LFA for an cmerScrwy that occurs at a facility not licensed, owned, or operated by a Federal agency or an Agreement State. These include i4 facilities that pcmeu, handle, store, or process radlum or accelerator.pmduced radioactive is is materials, 17 is 2.
Transportation of Radioactive Materials it Shipment of Materials Licertsed by NRC or an Agreemerit State 20 a.
ti 33
'Ihe NRC is the LFA for an emergency that involves radiological matedal u
licensed by the NRC or an Agreement State.
34 v
b.
Materials Shipped by or for DOD or DOE 14 29 The LFA is either DOD or DOE deperding on which of these agencies has 2e custody of the material at the time of the accident, a'
s M
Draft F AIR.P Rev.
112 December 21.1993
Jen
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3;..
'.s....
THE FEDERAL RADIO 14)GICAl, EMF.RGENCY RESPONSE PLAN c.
Shipment of Meterials Not 1.lcensed or Owned by a Federal Agency 2
or an Agreement State I
s ne EPA is the LFA foi an emer6cncy that invohes radiologicd material a
s tot liwnsed or owned by a Federst agency or an Agreement State, e
1 3.
Domestle Satelutcs Containing Radioactive Materials s
NAS A is the LFA for NASA spacecraft missions and missions licensed under the to Commercial Space launch Act. DOD is the LFA for DOD spacecraft missions. DOE provides ll technical assistance to DOD and NASA.
12 is 4.
Environmerust impact from Forrign Souire 14 is
'the EPA is the LFA for an emergency that involves radioactive material from a foreign nource that has actual, potential, or perceived radiological conscquences in the United is 17 States, its Territorics, or possesslor.J. De foreign source may be a reactor (e.g., Chernobyl),
is a spacecraft, or some other everit such as radioactive fallout from atmospheric testing of nt. clear is devices. DOD, DOS, NASA, and NRC provide technical assistance to EPA.
to
. 2:
In the event of an emergency involving a joint U.S. Government and foreign 22 government spacecraft venture containifig radioactht sourcesi.nd%r classified components, the u
LFA will be DOD or NASA, as appropriate. DOS will provide technical support anet muistance so to the LFA.
25 to 5.
Other Types of Emertencies 17 24 in the event of an unforeseen type of emergency not specifically described ir, this 2,
Plan, DOD, DOE, EPA, NASA, and NRC will confer upon receipt of notitication of the x
emergency to determine which agency is the LFA.
31 Dwemhcr 21.17as
- 11. 1 Draft FRERP Rev.
gIk' l
- m.. t. -
>...~..,,r THE FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN i
Table 111 IDENTiflCATION OF LEAD FEDERAL AGENCIES 1OR s
RADIOLOGICAL EMERGENCIES Lead tederal 4
s Type of Eniergency Atency e
1.
Nuclear Facility
?
a.
Ltcensed by NRC vi un Agreement State NRC 9
to b.
Owned or Operated by DOD or DOE DOD or DOE 11 is c.
Not Licensed Owned, or Operated by a Federal Agency er 13 an Agreement State EFA 14 2.
Transponation of Radioactive Maternis l$
is a.
Shipment of Materials Licensed by NRC or en Agrecaxnt i,
State NRC is is b.
Materials Shipped by or for DOD or DOF.
DOD or DOE ao si c.
Shipmeru of Materials Not Licensed or Owid by a rederd n
Agency or an Agreement State EPA u
3.
Domestic Satellites Containing Radkmetive Maten*h NASA or DOD u
4.
Environmental Impact from Foreign Source EPA, DOD, or NASA u
5.
Other Types of L:energenctes LFAs confer 26 37 8s C.
Radiologkul Salmtage ard Terrorism ae so Sabotage and terrorism are not treated as separate types of c'mcrgencies; rather, they are si considered a complicating dimension of the types listed in Table 111. For fixed facilities and n
materials in transit, resportses to radiological emergencies generally do not depend on the n
initiating event. The coordinated response to contain or mitigate a thrutened or actual rclease of radioactive rnaterial would be essentially the same whether it resulted from an accidental or 34 u
deliberate act. For malevolent acts involving improvtsed nuclear or radiation dispersa devices, Dren FRERP Rev.
Il-4 December 21.1993
m s
t
, or 3.r a
Tile FEDERAL RADIOLOGICAL EMERGENCY RESPONSE PLAN the response is further compikaled by the magnitude of the threat arW the addition of specialized i
a techrucal espertin/ actions.
b v
The Atomic Energy Act directs the Federal Bureau of Investigation (Ful) to investigate 4
all alleged or suspceted criminal violations of the Act.
Additionally, the FBI is legally J
responsible for locating any nuclear weapon, device, or material and for restoring nuclear a
9 facilities to their rightful custodians, in view of its unique responsibilitics under the Atomic Energy Act, as anmiWed by the Ercrgy Reorpnitation Act, the FBI has corstuded formal agree-ments with the LFAs that provide for inter' ace, cccrdination, and technical nuittance in support o
to of the Ful's mission.
It would be difficult to outline all the possible scenarios arising from criminal or terrorist u
activity.
As a result, the Federal res;onse will ollen have to be tailored to the specific circumstances of the event at hand. Generally, for fixed facilities aM materials in transit, the 14 designated LFA and supporting agencics will perform the functions delineated in (nis plan e.no u
provide technical support and assistanc: to the FBI in the performarse of its iniulon. For those is emergencies where a LFA is not ymcifically designated (e.6., improvised nuclear device), the 17 Federal responx will be guided by the established interagency agreements and enntingency is plans. In accordatee with ihm agreements / plans, the signatory agency (ics) supponing the FDI to will coordinate and manage the technical portion of the response (e.g., locating, identifying, m
neutrallring, recovering, and disposing of nuclear / radioactive devices); and activate / request 2i 22 assistarre under the FRERP for measures to prctect the public health and safety, in all cases, u
the FBI will manage and direct the law enforcement and intelligence tspects of the response; coordinating activities with appropriate Federal. State, and local agencies within the framcwork 24 u
of the FRERP and/or as provided for in estantished interagency agnxncutvwntinpocy plans.
26 31 f
Decmur ei. im u.3 o,.ri rnsne n.v.
EliCLOSURE 2
/ o* %,'t ACTiott - Bernero. NMss t
tys:
Taylor j'
- UNITID ST ATCS NUCLEAR HEGULATOHY COMMISSION H{}hogn
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April 13, 1994 SM ore, fiMSS Beckjord, RES OFFICE OF THi Jordan AE00 SECAf f AHY
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ff MEMURA!1DUM TO:
James M. Taylor JW E ccutive Director for Operations (G
,f ypt FROM:
[ohnC. Iloyle, Assistant Secretary Sulk 3 ECT:
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her s b.>
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- INCIDE!1T I!1VOLVI!1G CO!1TAMI!1ATED PERROP110SPilORUS IMPORTED INTO Tile Ul11TED tg '
~
STATES This is to advise you that the Commission has not objected to the staff's intention to allow Continental Resources, distribute the Inc. to five 208-liter (SS gallon) drums of contaminated ferrophosphorus without a license and to refer future cases of contaminated irnports to EPA for follow-up as the lead Federal agency under the draf t Federal Radiological Ernorgency Response 3,-
Plan.
cc:
The chairman Commissioner Rogers Commissioner Remick Commissioner de Plangue OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
SECY 110TE:
Tills SRM AND SECY-94-073 WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM
ENCLOSURE 3-19 OTHER A_QIfLCIES CALL LIST D a.'
Atter Houre Otf.co House Office Houre MQUQQATl3N CONTACTS 3MER6CAN 10LfPHONE & Tf tfGRAPH IAT&T1 Federal Gov't Repeer une 0000-2400 48001327-6%67 DEPT OF AGRICU. LTURE (USDAl Headquartere 0700 1700 (2021720 2683 (Try ickerton end tue peger before proceeding to otherel (2021720-2683
, Code: 7493986 (4101461 2237' George Bickerton -
(Pager No:
18001759 7243 Robert Coriley t2021720 2683 47031569 4716 Unde Lewie (2021720 2683 47031979 2945 l.
-RonOtaham (2021720 2683 47031892 $$39 DEPT OF [NtROY (QQij Emergency Operatione Center (EOCl 0000-2400 (2021586 8100 DEPT OF HEALTH & HUMAN $[RVICES (HHS1 Centere for Disease Control and Prevention (CDCl 0000 2400 14041488 7100' IEmergency Responeel,
DEPT OF STATE 100}j Heede.ortet e 0000 2400 (2021647 1512
}
Of PT OF TR ANSPORTA160N (DOT)
National Response Center (NRCl 0000 2400 (1021426 2675 (2021267 2675 ENVIRONMENTAL PROTECTION AGENCY (EPA)
Headquartere C000-2400 (S0017E9 7243
- PIN 588 3222 Backup. secretary 0800 1700 (202:233 9360 Rick Lpen (1021233 9367 47031641 9320 Craig Conklin (2021233 9367 17031430-3917 1
- Amy Nowmen (202
- 233 9367 17031$34 4310 Alan Richardson 12021233 9213 (301)229 e474 Bat Guntet (2021233 9226 (3011549 2034 Fem (2021233 9649 Headquartere 0000 2400. (2021863 5100 RDERAL AVI ATION ADMINISTRATION (FA Al Headquarters. Operatione Center 0000 2400 (2021863 5100 FEDERAL BUREAU OF INVIS,TIG ATION 601)
' Criennel inveetagetione 0000 2400 (2021324-3000 FEDERAL f MERGENCY MANAGEMENT AGENCY (ffMAl
- Nationel Emergency Coordinatson Center (NECCl 0000 2400-(2021898 6100
%HITE HOUSE Situation Room 0000-2400 (202 395 6313
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May 14,1994 19 OTHER AGENCIES CALL LIST Outmg Attet Howes Off.co Houve Office House QJ1ER CONTACTS
[Q9 JOT USE FOR NOTiriCATION calls 1 CHE MTRf C Opereuene Center 0000 2400 (8001424 9300 (2021483 7416 of PT OF ENfROY (0001 Redietion Emergency Assistence Centert 0800 1700 16151576 3131' Training Site (REACTUS) 0000 2400 16151481 1000*
. Of PT OF HEALTl4 & HUMAN SERVICES (HHS)
Food and Otug Admiruettetson #DA) 0800 1700 13011443 1240 Emergency Opereuena ENVIRONMENTAL PROffCTION AGENCY ffPf]
Emergency Opetetione Centet (COCl 0800 1700 (3016443 1240 f CDERAL EMERGENCY MANActMENT AGENCY (FEM *!
Emetgency iteformation end Coordinetson Centet (CICC) 0000 2400 (2021646 2400-INSTITUTE OF NUCLf AM POWER OPER A T10N (INP01 Headquartete 0000 2400 (4041644-8000*
NATIONAL COMMUNICATION Cf NTER (NCCl FTS 2000 Trouble Reporting Une 1600-0800 17001288 3333' NAT10NAL HURRICANE WARNING C[NTIR 0000 2400 (3061666 4612*
TANUAMI WARNING C(NT(R Ateeke 0000 2400 19071745 5235' Peafic 0000-2400 (8081689 8207' (8081689 6655' O.S. GEOLOGICAL SURVEY (USGS1 National Earthquake information Centet (NCICI 0000 2400 (3031273 8500' e
9
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06/12/1994 09: 37 EPA MAEL 205 r?O 3454 P.01 U. S. ENVIRONMENTAL PROTECTION AGENCY NATIONAL AIR AND RADIATION ENVIRONNENTAL LABORATORY 540 SOUTH MORRIS AVENUE MONTGOMERY,AL 36115-2601 FAX:(205) 270-3454 TEl.EPHONE: (205) 270-3400
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SUBJECT:
MI-DATE:
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NUMBER OF PAGES INCLUDING COVER:
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03/11/1994 09837 EPWt m EL 205 270 lM54 P.02 VH'f V Aepeat Analysis on IRLS 92.579 MAREL ID SAMPLE ID 238 Pu 239 Pu PCi/g*2a pC1/etto IELS IE-1-88-21-92 0.003t0.009 0.006*0.007
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(wet) 0.00710.012 0.011*0.014 (dry)
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US NRC REGION 118 1D: 708-515-1259 AUG 26'94 14:54 TRANSMIT CONFIRMATION REPORT NO.
008 RECEIVER EPA TRANSMIT'ER US NRC REGI0ld III DATE AUG 26'94 14:54 DURATION 02'32 MODE STD PAGES 04 RESULT OK c
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Dear :
This is in response to your letter received Aaril 12, 1994, and your letter dated July 20, 1994, in which you indicated tiat radioactive material may have been disposed at the Uniontown Landfill.
You also addressed )ossible wrongdoing by various Federal and State agencies involved witi the site.
In addition, this letter addresses your July 25, 1994, letter regarding communication issues you believe occurred between you and members of my staff.
Thank you for bringing these concerns to our attention and as a result, my staff has done the following:
1.
The concern regarding wrongdoing was referred to the U.S. Environmental Protection Agency (EPA) Office of Inspector General on May 18, 1994. At your request, a copy of the referral letter was provided to you under separate cover.
2.
The concern regarding the dumping of radioactive material was reviewed by my staff.
Their review included the following:
a.
A file search was conducted of expired and terminated Atomic Energy Commission (AEC) and Nuclear Regulatory Commission (NRC) licenses for the period 1970-1985 for lost sources or disposals at this landfill. The file search did not identify any documents which would indicate that a former AEC or NRC licensee disposed of licensable radioactive material at the landfill during the above time frame, b.
A review was conducted of the EPA's Science Advisory Board (SAB)
" draft" report dated June 14, 1994, regarding this same issue.
The Board reviewed radioanalytical data, disposal records and landfill records.
Our review of the board's draft re)or't did not identify any information which would lead the NRC to aelieve licensable radioactive materials were disposed of at the landfill, i
c.
An evaluation of the radioanalytical reports from the Ohio Department of Health and EPA contractors which you mailed to my staff, revealed tne following:
l' i
t 2
(1)
Most of the data stamped "!NVAllDATED," with exceptionally high results, was later explained by the EPA and its contracters to be due to laboratory procedural errors.
As an example, water samples taken from a " Residential Well" during June 1991, showed a tritium concentration of 1,069,337 picocuries/ liter (pCi/1) [39,565 becquerels / liter (Bq/1)]. Due to the questionable high results, the well was later re-sampled during October 1991, and the results showed less than 500 pCi/l
- 19 Bq/l.
This later value is below the minimum detectab'e concen]tration for the instrumentation used and cannot be distinguished from background tritium concentrations.
Discussions with EPA staff on August 8, 1994 and August 10, 1994, indicated that the June 1991 sample result was invalidated due to laboratory procedural error. Also, this well was subsequently sampled by the Ohio EPA in December of 1991 and by the U.S. EPA and the Ohio EPA from May 1992 through March 1993 (quarterly samples collected) and was found to be less than 500 pCi/1 (19 Bq/l], which is significantly less than the U.S. EPA drinking water limit of 20,000 pCi/l [740 Bq/1] for tritium.
(2)
Also noted were radioanalytical results of filters used to filter ground water samples collected in September 1992, l
which indicated the presence of plutonium-238 and plutonium-239.
These results were determined to be I
statistically insignificant, since the measurements were below the minimum detectable activity, that is, the results were so low that the analytical instrumentation could not discriminate the results from background radionuclide values.
(3)
In addition, a soil sample collected in January 1992 from a 91 feet deep bore hole was reported to have concentrations of 0.016 iO.013 pCi/g (0.59 i0.48 Bq/Kg] for plutonium-238 and 0.096 0.027 pCi/g The EPA reanalyzed these(3.6 t 1.0 Bq/Kg] for plutonium-239.
samples in November 1992 and determined the concentrations for plutonium-238 to be 0.004 iO.0ll pCi/g (0.15 i0.41 Bq/Kg] and for plutonium-239 to be 0.00710.008 pCi/g (0.26 i0.30 Bq/Kg].
These concentrations are statistically insignificant, that is, the results were so low that the analytical instrumentation used could not discriminate the results from background radionuclide values, d.
On August 4 and 11, 1994, NRC staff evaluated radioanalytical reports from sampling done by the U.S. EPA. This sampling period (quarterly samples collected) wa' from May 1992 to March 1993.
Our review of the EPA data revealed only the presence of naturally occurring radionuclides at environmental levels and did not reveal any man-made radionuclides.
3 In addition to the above, an interagency agreement between the NRC and the EPA (draft, " Federal Radiological Emergency Plan" (FRERP)) has established new guidelines for designating the Lead Federal Agency (LFA) for different types of radiological or potentially radiological incidents. The NRC and EPA have agreed that the EPA will be the LFA for radiological incidents at sites not licensed, owned, or operated by a Federal agency or an Agreement State.
This would include scrap yards, railroad sites and landfills. The Uniontown i
landfill would fit into this category.
Since characterization and/or remediation of this site has been delegated to the U.S. EPA, the remaining technical issues you asked about regarding previous radiological water sampling results, soil core sampling, and questions you have regarding procedures for collection and analysis of environmental samples, will be referred to the U.S. EPA's Region V office.
In summary, based upon our review c,f your concerns regarding possible j
radioactive contamination in and around the Uniontown Landfill, we have determined that there is no evidelica that NRC-licensed material was dumped at the landfill.
Regarding the issues raised in your July 25, 1994 letter, I will attempt to address your concerns as follows:
Concern:
You stated that you were concerned and distressed by the fact that the NRC continues to focus on you as the " alleger" instead of referring to you as a representative of a concerned citizens group.
Response
Please accept our apology for using this term.
I can assure you that this will not happen again.
Fairther, I have directed my staff to recogr.ize you as a representative of the Concerned Citizens of Lake Towr. ship when communicating with you.
Concern:
You indicated that the NRC identified you (directly or indirectly) during an interview with a local reporter as the " alleger" when the NRC was asked questions regarding the actions that it has taken regarding your concerns with the EPA.
Response
My staff is unaware of intentionally disclosing your name as the individual that provided information to the NRC.
We have reviewed this matter and cautioned the staff regarding conversations involving concerns from the public.
Concern:
You stated that you were told by an NRC official that it was his professional judgment that he believed and had recommended that the NRC should take over ihis site and do cotrplote, " full-blown field studies" that included core samples, stream testing and gas analysis for radiation.
4
Response
On March 2,1994, Mr. Wiedeman contacted you to gather additional information regarding the Uniontown Landfill concerns. The intent was to ensure that we had properly characterized the issues.
During this conversation, you asked questions regarding how the NRC would or could resolve the potential environmental contamination issues involving radioactive material. Mr. Wiedeman explained to you several options that were being considered.
it was not Mr. Wiedeman's intent to suggest that the NRC should assume responsibility for evaluation of the site.
Should you have any questions regarding the above, please do not hesitate to contact me at (708) 829-9800 or Mr. Mike McCann of my staff at (708) 829-9856.
Sincerely, W. L. Axelson, Director-Division of Radiation Safety and Safeguards
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