ML20215K602

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Advises That EPA Taking Action Under Comprehensive Environ Response,Compensation & Liability Act to Deal W/Closure & Long Term Care of Maxey Flats Site.Davis Item of Interest & 870121 Executive Order Encl
ML20215K602
Person / Time
Issue date: 12/10/1986
From: Dragonette K
NRC
To: Mausshardt D, Schneider K, Starmer R
NRC
Shared Package
ML20215G205 List:
References
FOIA-87-235 NUDOCS 8706250388
Download: ML20215K602 (5)


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DAVIS ITEM OF INTEREST - December 11,1986 .t.a:~ '

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SUPERFUNO ACTION ACTION AT MAXEY' FLATS, KY LOW-LEVEL WASTE SITE J 1

EPA has notified the State of Xentucky; U.S. Ecology, the fonner site operator; and approximately 800 waste generators and shippers that the agency is taking action at thefsite under the Comprehensive Environmental Response, Ccmpensation-and Liability Act as amended (CERCLA or Superfund). EPA has spent public funds investigating the situation and is considering additional action to determine what corrective Octions should be_taken. The letters to potentially responsible parties notidy them of their' potential liabilities to fund studies and corrective acticn and invites them to participate by-forming a steering connittee. The notices state that $130,000 has been spent, studies should cost 51,300,000 and' cleanup may cost $30 million'or more.

EPA action is based on off-site releases above background of tritium, cobalt-60, and strontium-90. Organic chemicals in trench leachate samples .,

-(e.g., benzene) were also mentioned. Part of the proposed study.is to further 1 define the nonradiological source terms. The proposed study recognizes the ,

extensive studies that have been done and proposes to build on them. Under CERCLA, EPA is required to look at the no action and exhumation alternatives but expressed the view that neither was likely a reasonable choice based on both health and safety and costs. The proposed study will focus on risk analysis of current and potential releases of both radioactive and  ;

nonradioactive materials.

The notice included a volume ranking of the' potentially liable parties. The top 5 predominately are defense related (General Dynamics, Monsanto (for Mound Lab), Nuclear Materials and Equipment Corp., Westinghouse-(Bettis), and Newport News Shipbuilding--Ory Dock). No ranking by activity has been done ,

yet.

The Maxey Flats site accepted wastes from 1962-1977. It was' initially and' continues to be licensed by the State.and is currently owned and maintained by the State. NRC's only direct involvement is threugh the Office of State Programs. We can expect inouiries from licensees and increased concerns by States over the potential for second guessing under_ CERCLA and potential liability as site' owner.

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F O 1i;is37 MARTHA LAYNE COLONS OFFICE OF GOVERNOR GENERAL CGNOCI EXECUTIVE ORDER h 87 - 59 A y;

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January 21, 1987 ,

Secretary of State -

Frankfort ..

Kansmety 1

MAXEY FLATS ADVISORY TASK FORCE WHEREAS, the Maxey Flats low level nuclear waste site was closed in 1977 and

  • tak'en over by the Commonwealth of Kentucky for site maintenance and final closure in 1978; and ,

WHEREAS, since that tirne Kentucky has prudently used available state and federal funds to make significant prugress in stabilizing and reducing environmental degradation and impact from waste buried at the site; and i

WHEREAS, the overall effort and main focus of the activities at Maxey Flats has been to minimize any health impact on the citizens who live in the vicinity of Maxey

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Flats while working toward a final closure of the site; NOW, THEREFORE,I, Martha Layne Collins, Governor of the Commonwealth of Kentucky, by virtue of the authority vested in me pursuant to KR$ 12.029, do hereby q order and direct the following: -

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1. There is hereby created the Maxey flats Advisory Task force, hereinafter referred to as the Task Force, which shall be an advisory body established for the purpose of recommending proposals for the continued maintenance of the Maxey Flats site, as well as a definitive plan for its future closure. The Task Force shall be attached to the Natural Resources and Environmental Protection Cabinet for administrative purposes.

II. The Task Force shall be composed of no more than fifteen individuals (15) '

appointed.by the Governor and who together shall represent a broad-based, knowledgeable and unbiased forum for management of the site The Chairman of the Task Force shall be appointed by the Governor.

Members.shall receive no. compensation other than expenses in accordance with state law. Members shall serve terms of two years y{n U

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MARTHA LAYNE COLLINS COVERNOR EXECUTIVE ORDER 87 - 59 January 21, 1987 Secretary of State Frankrert Menew hy 4

Ill. The Task Force shall address relevent maintenance tasks, including but not limited to, trench dewatering, well pumping, diversion walls, alternate l infiltration techniques, alternatives to evaporation, environmental ]

monitoring, and evaluation of health data to minimize health impact. ]

Recommendations shall be presented through the Natural Resources and Environmental Protection Cabinet to the Governor.

IV. The following members are hereby appointed to the Task Force:

l Alfred L Knight, District Chief, Chairman U.S. Geological Survey 2301 Bradley Avenue Louisville, Kentucky 40217 4

-Donald C. Haney, State Geologist '

i Kentucky Geological Survey 311 Breckinridge Hall  !

University of Kentucky l Lexington, Kentucky 40506 0056 John M. Berry, Attorney at Law ,

409 North Main Street i New Castle, Kentucky a0050  ;

A William J. Barfield, Ph.D.

Professorof Agriculture Engineenng Agriculture Engineering Department j University of Kentucky Lexington, Kentucky 40506 Donald Colgan Health Administrator Flerning County Health Department .l Court Square Flemingsburg, Kentucky 41041 Richard C. Warner Agnculture Engineering Department 108 Agncultural Engineenng Building University of Kentucky Lexington, Kentucky 40506 -

Charles L. Wakamo RediationConsultant Waste Management Division U.S Environmental Protection Agency 345 Courtland Street, Northeast Atlanta, Georgia 30365 t t

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,3 MARTHA LAYNE COLLINS

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EXEC ~UTIVE ORDER 87 - 59

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January 21, 1987 Secretary of State I freakfort Xentucky Stan Neuder - 1 Program Manager l Office of Program and Control Branch i

, U.S. Nuclear Regulatory Commission j M5 623-55 1 Washington, D.C. 20555 l

Ahren Jacobson i Radiation Safety Officer University of Louisville 500 South Floyd Street.

Louisville, Kentucky 40202 Paul Kalisz, Ph.D. .

Professor of Forestry Department of Forestry s University of Kentucky Lexington, Kentucky 40506, l 1

David Brumagen, Ph.D.  !

Professor of Biology Department of Biology and Environmental Sciences Morehead State University Morehead, Kentucky 40351 V. This Order shall be effective immediately upon signature this 21st day of January,1987.-

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l Maring Layhe Coiiins,6c(drnorN

- Commonwealth of Kentucky AmM / ai prexeli n. vavis Secretary of State 4

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