ML20216B634
| ML20216B634 | |
| Person / Time | |
|---|---|
| Issue date: | 09/29/1976 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cranston A SENATE |
| Shared Package | |
| ML20216B357 | List: |
| References | |
| FOIA-87-235 NUDOCS 8706300117 | |
| Download: ML20216B634 (11) | |
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4 UNITED STATES NUCLEAR REGULATORY COMMisslON y
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WASHINGTON. D. C. 20566
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The Honorable Alan Cranston United States Senate Washington, D. C.
20510
Dear Senator Cranston:
This is in reply to your letter of September 2,1976 to the Office of Congressional Affairs of the NRC, which enclosed a letter to you from Walter Mercer, 3700 Olds Road, 0xnard, Calif. 93030.
Mr. Mercer sent a newspaper photograph of one of the trenches at the low-level radioactive waste burial site at Maxey Flats, Ky.,
operated by the Nuclear Engineering Co., Inc.
This company is a licensee of the State of Kentucky under the " Agreement States" arrangement with the flRC, by which the State exercises ' licensing and regulatory a0thority over certain activities involving nuclear materials. Mr. Mercer's note asks, "Can the above picture be true?"
Without vouching for the authenticity of this particular news photo, we can verify that low-level wastes are usually disposed of in the manner depicted.
Several observations are in order about this method of dumping the wastes.
Perhaps most important is the fact that the receptacles -- drums, casks, boxes, etc. -- are not intended or expected to provide impenetrable containment once the material is in the burial trench. The containers are designed to provide safe containment while the material is in transit; it is the function of the burial procedure and geology of the site to keep it secure thereafter. Another consideration is the safety of the workers who handle the material at the burial site: the les.t time they are exposed to the radiation emanating from the material, the less radiation they receive. Thus it is in the interest of their' health and safety to unload and bury the material without needless delay.
It is also important to note that the material contained in the drums and crates is solid, so that a rupture in the container. does not cause a leakage of the material.
The waste in the trench is covered between deposits and, when filled, the trench is capped with compacted soil and vegetation
~i's planted to prevent erosion.
8706300117 870625 PDR FOIA MINTONB7-235 PDR
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The Honorable Alan Cranston -
. The release of low levels of radioactivity at the site, discussed in the caption to the photo, has been the sub.iect of intensive study and assessacnt by State and Federal authorities. I am i
enclosing a recort on the event and actions taken by various parties concerned to rectify the situation and to monitor future developments. From our own investication, undertaken at the request of Covernor Carroll of Kentucky, the NRC concluded that there was and is no significant public health ::roblem associated with the release of radioactive material at the site. Improved operating procedures have been adopted by the licensee and close surveillance of the site and its environs continues. The most recent indications fron the scene are that the radiation release has receded to a level near that of the radiation naturally present from the sun, other stars and elements of the earth.
I hope.that you and f:r. l'ercer find this information responsive and useful.
Sincerely, Winiam I. Dircks Ass 6stant Executive Director lor Opentens l
Enclosures:
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Report on Kentucky Eurial Site 2.
Ltr to NRC fm Sen. Alan Cranston, dtd 9/2/76 DISTRIBllTION:
W. J. Maher, EDO:SPB W. G. Dooly. TOO:SPB J. H. Cook, I.0:SPB
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SWMARY Kentucky' Burial Site The P,axey Flats, Kentucky commercial low-level vaste burial ground J
is licensed and regulated by the Commonwealth of Kentucky, an Agree-ment State.
(License issued in October, 1962.)' It is operated by the
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Nuc1 car Engineering Co., Inc. (NECO).
During the early 1970's,. Kentucky became concerned.about on-site water management'and the accumulation'of
' Water in completed trenches.
Kentucky required'the licensee to institute a water management program which included *pumpin6 water from trenches to above-ground storage tanks and installing an evaporator to concentrate the-a pumped liquids for. disposal as solids.
.In October,;197tl, Kentucky informed the NRC of the preliminary results of, their special six-month environmental study at Maxey' Flats.- (The site,
-l has since been studied by the NRC, at the request of Kentucky Governor
.Julian Carroll; and the EPA and USGS, under contract with Kentuc'ky.)-
Kentucky' has continued their extensive environmental monitoring program -
' and several EPA and;USGS *research studies are underway at the site.
Kentucky concluded, on the basis of their special 6-montti study' published r
in Docember, 1974, that.the burial ground was contributing radioactivity to the local environment,. but at levels which did not create a public health hazard. lThey' identified tritium, Co-60, Sr-89'and 90, Cs-134 and 137, and Pu-238 and 239 in certain individual samples in the.un-restricted environment.
The icvels-ranged from slightly abo *c back-ground to orders of magnitu' c above back round for certain. individual d
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' samples.
(The NRC, based on available Kentucky and licensec data con-
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cerning acquatic releases calculated a maximum potential whole body i
.do.sc. to persons in the area' of 125 millirem per year including natural
. radioactivity.
This dose does not represent actual human exposure.
It' was based on the maximum levcis of radioactivity observed and 'the most restrictive radionuclide mixture.)
Kentucky recommended further studies at the site to assess the long-range health and safety signifi-cance of the,ir findings.
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Kentucky expanded their Radioactive *, taste Disposal Environmental Study Design Committee to include members from other Kentucky and Federal
~agencies and he1d a meeting in February 1975 The NRC participated.
9 The Committee recommended s 6-point program,for.further studies at-Haxey Flats.
Kentucky initiated implementation of. some of these studies and requested Federal funding assistance. Concurrently.
.'.Covernor' Carroll requested the NRC to condu'ct an independent rcview of the site.
An NRC review group was appointed which reviewed information available about the site, conducted a site visit and met with Kentucky e
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end NICO officials. - The NRC concluded on the basis of their study that t.here. is no significant public health problem associated with the re-lease of radioactive material from the burial ground and that Kentucky. l has bcon taking appropriate action to: implement the recommendations made in their December, 1974 report. -The NBC also made several recommenda-l
.tions principally dealing with methods to improve.the water management:
-program. to minimize the potential for migration of radioactivity.
Cover-nor Carroll was informed of the results of the NRC review in July, 1975 He abbsequently issued'a press release indicating the NRC was responsive l
to his request and directed the Kentucky Department for Human Resources to carry out the NRC's recommendations.
The NRC also informed Kentucky -
that the NRC.would provide continuing technical assistance but was'not abic to. provide financial assistanc to help carry out the studies.- The EPA has been taking and analyzing environmental scopies for Kentucky.
q A January 14,~ 1976 EPA' press release concerned an EPA report which presents Kentucky environmental data, describes various potential mi-gration pathways and draws conclusions from. EPA's analysis of the ' data.
HRC has revicwd the ' paper and provided comments to EPA.
The licensee (NECO). hap conducted their own environmental conitoring
' program.
NECO has previously taken execption with the significance of the findings of Kentucky and more recently with conclusions in the EPA report..NECO believes their data, covering a longer' period of tico, shows no trends toward increasing: levels of environ =cntal racioactivity i
and shows no real potential for. human exposure to persons living in tho l
area.
.The Maxey Flats burial ground has generally been operated as the other commercial low-level waste burial crounds are operated.
Packaged waste is dumped into trenches about 25 feet deep which is then covered with'
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soil.
When a trench is completed, it is capped with four rect of soil and a vegetation cover is established.
The geological features of the burial site,'not the packaging,.is depended upon to assure containment i
of the waste at the site.
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'NRC staff believe the burial ground is contributing radioactivity to thc local environment, but there is no significant public health problem
- associated with the release of material.
NRC staff believe the State is taking appropriate.netion to improve conditions at the site by requiring *
' the licensee to carry' out and continually i=prov'c a water'mannsement
. program'.. Our most recent review of the Kentucky Agreement program, ' con-ducted December i-5,1975, conclud'cd the state is takinc appropriate action reccrding the NRC review group recccmcr.dations and is cont'inuing
'their~ cfforts to improve the on-site watec management program j
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r v-u Chronolor.y of Major Events at Maxev.Flots. Kentucky Commercial Radioactive Waste Burial Ground s-Tire rea e 1962-1969 9
Introduction Kentucky became the first Agreement State when they signed an Agreecent with. the AEC in !! arch,1962.
With the primary intention of encouraging nucicar industry in Kentucky, the Kentucky Atomic Encrgy Authority (now the Kentucky Science and Technolo6y Commission)' pursued the concept of a radioactive wasto disposal site in Kentucky.
In October, 1962, the State issued a license to the Nuclear Engineering Company, Inc. to operate a disposal site at Maxey Flats, Kentucky and the burial ground be'6an operation in March, 1963.- The Nuclear En61neering'Co., Inc.
(NECO) had'previously purchased the site (about 330 acres) and the
.titic. of the land was transferred to the State.,The State in turn 1 cased the land to NECO.
For perpetual care, the Icase agreement con-tained'c'lause stating that NECO would pay the State four percent o'r the charge por cubig., foot of waste buried.
The State.has about $160,000 in the perpetual care rudd at present and is negotiating with the licensec for increased burial' charges.
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Site Descriotion 7'hc F$xcy Flats site is located in Fleming County in the Northeastern portion of the State of Kentucky.
As - scen on a topographic cap, Maxey Flats is a flat-top. hill with steep sides.
Throughout most.of the area the flat " top land" is in grass or crops and the steep hillsides 'are forested.
This is true of the Maxcy Flats burial site, the burial taking place on c1 cared flat land at the end of the fan-shaped mesa.
The " bottom land" at the foot of the mesa, some 250 to 300 feet below, also_is in grass or crops.
The area is generally sparsely inhabited, but there are small farms in the vicinity.
7 Haxey Plats is underlain with nearly horizontal' beds of differing geo-
,logie units:
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- a. '2 to 4 feet'of soil b.
Black to gray fissile shale (40 feet) c.
Sandstone (40 feet) d.
Grc~en-gray' shale (10 feet) e.
Black to gray fissile shale (18 Teet) f.
Creen-gray shale, (20 feet) g.
Black to gray fistile shale (190 feet) e
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s Most of the rocks in the-area have visible jointing.
The. disposal trenches are located in.the upper half or layer b.
Trenches are dug with a scraper'and are 300-600 feet long, 20-80 feet wide. and 30 feet deep.-
i Evaluation-The Maxey riats site was chosen from several sit'es under consideration in Kentucky.
The State Departoent of Health was principally responsible:
ror'the evaluation.
The Scological, hydrological, and meteorological aspects or the site were studied and reviewed by the Kentucky State Coological. Survey, U.S. Geological Survey, Oak Ridge National Laboratory,*
U.S. Public Health.Scrvice, an independent geologist hired by NECO, and a Ocological-Testin5 firm.
Background radioactivity measurements were also take,n.. The AEC also revicwed the application' submitted by NECO and ~'provided comments' to the State.
AEC's comments'wcre principally technical in naturc.dcaling with ' the applicant's proposed monitoring and handling techniques..The-AEC a.lso commented that firm, conclusions could not'be drawn, pn'the basis of information contained in the appli-cation, concerning the geologic suitability of the proposed burial site to assure there.would not be transport of radicactive materials through ground water to surrounding streams.
The State concluded, on the basis of their evaluation, that the site was suitable for the disposal or
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radioactive waste' and authorized, itis use.
.1970-1976 Through 1969 no major prob 1ces were identified relating to operation.or I
the~ burial ground.
In 1970, Kentucky staff expressed concern about opera-tion or the site and the need for a. more extensive ' review of the burial ground operation.
This concern was based on the incrcasin6 quantitics of radioactive' material being buried at the site, and on-site. water management, problems.,
About. 3 million cubie. rect or-waste containing 1-1/2 million curies or byproduct material, 300 kiloarams or special nuelcar caterial and 50 tons or source material have 'bcen buried at' the site. ' In addition to com-b.
seccially generated wastes.from reactors, isotope users and ruel. cycle racilitics, significant qu,antitics'or ' plutonium and tritium from AEC -
-contract operations were buried at the site.
Starr concern increased
' during -1971 as the licenace continued to have proble=s with the.accumu-I
.lation of water.in completed trenches.
Tbc State instituted enforce.
' ment action but the licensee continued to experience difficulty in con '
trolling'on-site water.
In 1972 environmental =onitoring data began to-i indicate that the site might be contributing radioactivity to the local environment. The licensee continued to experienec dirriculty in con-trolling on-site water and NECO violated terms of their license.
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-3 In September 1972, the State issued an order against NECO fo'r non-compliance and willful violation of conditions of'the license relating to water in completed trenches, burial of unauthorized catcrial, and
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disposal of. liquid wastes directly to solid waste disposal trenches.
Following issuance of the order, the licensee was permitted to operate the waste burial site for, the disposal of solid wastes only.
The licensee was required to file an irrevocable letter of credit for.
4500,000.
This letter of credit was in lieu of a performance bond to assure compliance with the terms of the order.
j Action taken by !!ECO to control water problems included the pumping
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l of water from t'renches into above-ground storage tanks and,the instal.
1ation of an evaporator to concentrate the liquids for disposal as -
aolids.
Env$ ronmental Ifonitorinn The State arid NECO have ' conducted environmental monitoring procrans et Maxcy Flats 'ince 1962. ~The routine State program consistco'of monthly trips to alect samples from natural streams, wells, springs, including drainarf and secpanc from all sides of the site.
These sampic points
- ranged sp'to approximately two miles in distance from the site.
In Hover,cr 1973, the state instituted a special six-month environmental moniLoring study to identify the source and scope of the increased j
1cycis of environmental radioactivity previously identified in the site environs.
arly AEC Revicu of Mentucky's Arececent !!aterial Pronram and the E
Maxer Flats Burial Ground The AEC reviewed licensinc. and/or inspection files concerning !;ECO'as part of the review of Kentucky's agreement materials program in 1971, 1972, 1974 and 1975.
Site visits were conducted in 19611, 1973, 1974 and 1975 The earlice reviews had included a discussion of the initial-action status of the burial ground and environmental rionitoring pro-grams.
During *;72, the AEC conducted a review of the actions Kentucky was taking in co..ncetion with the September 1972 order against !;ECO and a site visit was, conducted in April 1973 The review and site vi, sit,showed that Kentucky was requirinc !;ECO to take. necessary cor-rective action and that environme'htal monitoring data showed no radio-1 activity in the environment la exces:i of acceptable standards.
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h,n,tucky Informs AEC of Results of Six-Month Study t
Kentucky informed the AEC in October,- 1974, of the preliminary results of their special six-month environmental study at the burial area.
In llovember,,1974, AEC conducted a site' visit, met with State officials and received a copy of a draft' report documenting the purpose, scope and rcsults of the study.
The report contained information which
- indicated that radioactivity may be migrating from the burial ground and was being dctocted'in sampling wcils immediately adjacent to the burial site and in water collected from unrestricted areas near the burial site.
Th'e activity levels reported for unrestricted arcas around the site execeded, in some cases, ambient icycls as well as Part 20 concentrations for releases to unrestricted areas.
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In providing technical assistance to Kentucky, the AEC prepared written d
comments on the draft report.
The AEC noted that the' report'did not appear to contain sufficient information to support all of the con-
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clusions, particularly whether the site was creating a public heal'th and safety probicm.
T);ic AEC suggested that further coopechensive environmental studies should be conducted to provide a' technical basis for determining whether and to what extent cisration of radioactive material was occurring and for assessing the health and safety aspects of. conditions at the site.
During !!ovember and Deccaber, the AEC also participated in nectinCs with the State and the licensee concerning the report and'the conclusions which could be drawn from the study.
j llECO had taken exception with the conclusions in the State's report and had requested AEC assistance in resolving " differences of opinion" between the State and !!ECO.
!!ECO believes their data, covering a longer period of time, shows no trends toward increasing levcis of environmental radioactivity and shows no real potential for human cxposurc to pctsons living 1,n the arca.
The final report of the six-month study was released in Deccaber 1974 by the Kentucky Department for iluman Resources.
The report concluded that the burial ground was contributing radioactivity to the environ-ment; that the activity detceted did not create a public.hcalth
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hazard; and that further studics were necessary to detc,rmine. to what extent migration was occurring and to assess the long-range public-health and safety signifierare of the findings.
The report stated that tritium, Co-60, $r-89 and 90, Cs-134 and 137, and Pu-238 and 239 Were identified in certain individual sum'ples-in the unrestricted en-vironment The' levels ranged from slightly aFove background to orders of magnitude above background for certain individual. samples.
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5-s Following recommendationtin the.1,N.;uch rept.ct, the State ex oanded an existing Environmentt.1 ' Study Desi5n Committee for the P.axey Flats Radioactive k'aste Disposal Facility and held a meet,ine, of ;ne Cc:=ittee in February 1975 The committee consisted of representatives fro:
several State.agencios: IR.C7, USGS, EPA, ERDA, and !!RC.
The purpose of the Committee was to recommerd to the State, further environmental studies to determine the long-rance significance,of the radioactivity detected in the site environs.
The following-six items were identified during the February meeting as the type of studies which should be con-ducted at the, site:
Priority I Hydroccologic Study (Deep CooloSY)
Priority II Surface Study (Water runoff, meteorological data, and soil study in the top one foot) s Priority III Weathered Zone Study (About the top ten rect l
of soil)
Priority IV Definition of Source Term 1
Priority V Agricultural Pathways (Livestock, milk, i
garden crops)
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Priority VI Environmental Biological Pathways (Vecctation, stream biota, and non-domesticated sources of food)
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- 'the cost for these studies was estimated by the Committee to be in excess
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of one million dollars.
The Stato subsequently requested !iRC and ot.hcr l
Federal agencies to provide financial assistance to carry out these l
studies in l'.ay 1975
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Reovest for independent NRC Review of Maxcv F1nts Burial Grou_nA -
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. On April 30, 1975. Kentucky Covernor Julian 14. Carroll, requested the !!RC to independently assess conditions at the site and to provide him with
, findings and recommendations.
An liRC revicu group was appointed which
, consisted' of NRC staff knowledgeabic in Agreement State rclationships, i
hydrol'ocy', and r'adiological assessment.
The ' review group, examined inford l
mat.fon.regarding the site,, the State license hydroccological information about, the site, it.hc State's six-month report, the report of 'the State's-i Environmental Study Design Committee, State environnental monitoring,
data, 1ECO environmental monitorin6 data and actions being,taken by the State and !!ECO.
The review group also conducted an unanncunced site visit as part of the review and met,v,ith State and I ECO officials.
The NitC
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.1 concluded, on the basis of their study, that there was no significant public health.probica associated with the release of radioactive =aterial, j
from the burial ground and that Kentucky has been taking appropriate j
action to.impicment the recommendations made in their-December 1974 six-
- i month study report. The NRC, based on available Kentucky and licensec data concerning aquatic releases, calculated a maximum potential whole body dose to persons present in the area of 125 millirem per year in-
.ciuding natural radioactivity.
This dose does not represent actual human exposure.
It was based on the maximuin levels of radioactivity detected
,. and the most restrictive radionuclide mixture.
The NRC,also made several l
. recommendations principally dealing with methods to improve the water management program to minimize the potential for migration of 'radi.o-activity.
Covernor carroll was informed of the results of,the NRC review in July 1975. The Covernor subsequently issued a press release indicating
. that. the NRC was responsive to his request and directed the Kentucky Depart-1 ment for lluman Resources to carry out NRC's recommendations.
The NRC also informed Ken'tucky at that time that the NRC would provide con-tinuing technical assistance but was not abic to provide financial assist-
. ance to hcip carry out the further stuaics recommended by the Environmental St'udy Design Committed.
g Recent NRC Revicus of Kentucky Agrecctent Materials Pronram and Asnessment of Maxcy Flats Burial Ground I
NRC staff believe the burial ground is contributing radioactivity to the local environment, but there is no significant public health problem associated with the release of material.
NRC staff belicvc the State is
. taking appropriate action to improve conditions at the site by requiring the licensec to carry out and continually improve a water management.
program.
Following review of their program in 1974, we recor. mended that the State reassess NECO's water monaccment program and initiate a program to establish,the validity of NECO's environmental monitoring data.
Our most recent review of the Kentucky Agreement program, conduct d December 1-5, 1975, concluded the State is taking appropriate action re-garding the recommeridations made by the NRC review group and is continuing their efforts to improve the on-site water management program.
Maxey Flats Site Studies
- 'The State, NECO, EPN, and USGS have, bec'n con lucting further studies at the site since the. State published their six-adath report.in Decccher 1974.
We un'dcrstand the results of studies conducted by the State, EPA, and USGS will be published in the near future.
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,s Recent E?A Report A recent EPA press release dated January'14, 1976,- concerned an EPA I
report which ' presents Kentucky environmental data developed during the six-month study,-describes various potential migration pathways and draws conclusions from EPA's analysis of the data.
The EPA report has been re-viewed by the NRC and comments were provided to EPA.
Our principal com-ments were that the report failed to give adequate emphasis to the public health and safety significance of the data and conclusions presented ar.d
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the paper was preliminary in nature since it prc'sents several specific and r,cneral conclusjons concernin5. pathways for the migration of plutoniu, based on; data which the author concedes equally support other possibilitics.
NRC staff belicycs that before attempting to predict the fut0re effective-ness of the Maxey Flats burial ground in containing radioactive material, j
the degree to which site operations and cach pathway presented in the j
report is contributing radioactivity to the environment should be deter-mined.
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