ML20216B897
| ML20216B897 | |
| Person / Time | |
|---|---|
| Issue date: | 03/18/1977 |
| From: | Rowden M NRC COMMISSION (OCM) |
| To: | Perkins C HOUSE OF REP. |
| Shared Package | |
| ML20216B357 | List: |
| References | |
| FOIA-87-235 NUDOCS 8706300176 | |
| Download: ML20216B897 (8) | |
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UNITED STATES E
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March 18,1977 Q
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i OFFICE OF THE.
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The Honorab?e Carl D. Perkins United Sdtes House of Representatives Washington, D.C.
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Dear Congressman Perkins:
I am pleased to respond to your letter expressing your concern for the I
public health and. safety re?ated to the Maxey Flats radioactive waste '.
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burial site in general, anc. for the possible contamination'of under-ground water in the vicinity of the site, in particular.
NRC's present evaluation is that there is no significant hazarc to the public health or safety existing from the operation of the Maxey Flats site.
Thinevaluation is based on our own inde;endent assessment as well as reviewing the analyses done by others. These additional analyses were done over the past several years by the Environmental Protection Agency, the State of Kentucky, and the licensee.
'n In 1974, Kentucky initiated a.special six-conth enrircnmental. study at 1
Maxey Flats.
i The study, published in December 1974, concluded that the a
burial ground was contributing radioactivity to the local environment, but at levels which did not present a public hedth bazard.
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.In 1975, at the request Jf the, Governor of Kentucky, ilRC independently assessed y
3 t conditions at the Maxey Flats M te and provided him with findings and
+recommendati?nr..
The NRC conditde<t, on the basis of our study, that there is nev signf ficant public health problem assochied with the i
release of radioictive material from the burial ground and that Kentucky has taken appropriate action.to implement the recomendations made in their December 1974 report.
The NRC also made several recommendations concerning methods to improve the water management program and to minimize l
the potential for migration of radioactivity.
Kantucky has taken action
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to carry out the NRC's recommendations.
More recently, the Environmental Protection Agency published a report on " Radiological Measurement at the Maxey Flats Radioactive Waste Burial Site - 1974 to 1975" (EPA-520/5-1 I
76/020) which f und that the quantities 'of radioactivity detected f
outside the burial trenches are so low that they do not appear to be a i
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Tha Honorablo Carl D. Perkins 2
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significant hazard to the environment or to public health in the Maxey Flats area, at this time.
However, the potential long-range impact of j
these contaminants is not known."
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With regard to your specific concern about possible conta' mination of underground water, our evaluation is that we do not anticipate signift-
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cant amounts of radionuclides reaching an aquifier prior to decaying to a safe level.
However, off-site ground water migration cannot be completely ruled out on the basis of information presently available.
The fact that no regional aquifiers are present under the site would i
mitigate the impact of any migration. Additional studies are needed ar.d are being conducted to further define the site and enable us to predict the long-term behavior of the site with. core assurance.
1 While some radionuclides have been detected in nearby streams (e.g., tio-itame Hollow Creek, Rock Lick Creek, Main East Wash, etc.), the transport
,t' mechanism appears to be primarily from surface water run-off and evap-orator plume deposition, rather than contamination of ground water. The levels of radioactivity detected in the nearby streams have averaged less than ten percent of the allowable level for unrestricted use of the water over the peak period October 1974 to March 1975. Furthermore, recent surveys indicate that the radioactivity levels are decreasing.
Enclosed is a summary of the history of the Maxey F7ats site which indicates !!RC's efforts to assist the State of Kentucky, which has the primary regulatory responsibility to ensure the health and safety of the public in the area of the Maxey Flats site. HRC's efforts in the future will be based in part on the results of the overall examination
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of the radioactive waste management program.
In this regard, a task force from the staff has recently completed a review of the NRC and State regulatory programs for the disposal of comercial low-level radioactive waste.
I am enclosing a copy of their report which makes several recomendations for strengthening the low-level waste management The recommendations of the task force are based on broad program.
2 policy considerations and are not the result of a c:acarn for safety of ccamercial disposal facilities as they are currently being operated.
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The task force found no evidence that public health and safety is not being adequately protected.
1 To conclude, I believe that although the burial ground is contributing small amounts of radioactivity to the local environemt, the combined
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efforts of various Federal agencies and the State of Kentucky have the situation at Maxey Flats under control and that the public health and safety is adequately protected.
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If the Commission can provide any additional assistance to you, please do not hesitate to contact us.
Sincerely,
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k, harcus A. Rowden Chairman Enclosures nr i.%.s m,.m..
RADIOACTIVE WASTE BURIAL AT THE MAXEY FLATS, KEilTUtri SITE: 1952-1977 Backoround Kentucky became the first Agreement State when an Agreement was signed with the AEC in March, 1962. With the primary intentien of encouraging nuclear industry in Kentucky, the Ken't'ucky Atemic Energy Authority (now the Kentucky Science and Technology Commission) pursued the concept of a radioactive waste dispos.al site in Kentucky.
Agreement States are those States which, pursuant to Section 274 of the Atomic Energy Act, have entered into an agreement with the NRC for assumption of regulatory control of by-product, source and small quantities of special nuclear materials.
Kentucky as an Agreement State has the primary responsi-bility for ensuring the public health and safety as it may be affected by a waste burial ground they regulate. The NRC has the, responsibility to review Agreement States programs to ensure that State programs remain adequate to protect the public health and safety.
In October 1952, the State issued a license to the Nuclear Engineering
' Company, Inc. (NECO), to operate a disposal site.at Maxey Flats and the
' burial grounds began operation in March 1953. HEC 0 had previously purchased the site (about 330 acres) and title of the 7and was trans-ferred to the State.
The State, in turn, leased the land to NECO. For perpetual care, the lease agreement contained a claosa stating that NECO would pay the State four percent of the charge per cubic foot of waste buried.
The Site The ccmmercial low-level waste burial ground at Maisy Flats is located in Fleming County in the Northeastern portion of the State of Kentucky on State-owned land. The area is generally sparsely inhabited, but there are small farms in the vicinity.
Throughout cost of the area the flat " top land" is in grass or crops and the steep hillsides are forested.
This is true of the Naxey Flats burial site, the burial taking place on cleared flat land at the end of the fan-shaped mesa. The " bottom land" at the foot of the mesa, some 250 to 300 feet belux, also is in grass or crops.
Maxey Flats is underlain-with nearly horizontal beds of differing geologic units. Most of the rocks in the area have visible jointing.
The disposal trenches are located in the upper half of a layer of black to gray fissile shale.
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2 The Maxey Flats burial ground has generally been operated as the other commercial low-level waste burial grounds are operated.
Packaged waste is dumped into trenches about 25 feet deep which is then covered with soil. When a trench is completed, it is capped with four feet of soil and a vegetation cover is established.
The geological features of the burial site, not the packaging, is depended upon to assure containment of the waste at the site.
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Maxey Flats'was chosen from several sites under consideration in Kentuchy.
The State Department of Health was principally responsible for the evaluation.
The basis for approving a site is that the geological, hydrological, and climatological characteristics of the site are ad.e-quate to assure containment of the waste materials in a manner that will not enda.nger public health and safety. The geological, hydrological, and climato. logical aspects of the site were studied and reviewed by the Kentucky State Geological Survey, U.S. Geological Survey (USGS), Oak Ridge National Laboratory, U.S. Public Health Service, an independent j
geologist hired,by NECO, and a geological testing fYrm.
Background
4 radioactivity measurements were also taken.
The AEC also reviewed the application submitted by NECO and provided comments to the State. AEC's comments were principally technical in nature dealing with the applicant's proposed monitoring and handling techniques.
The AEC also commented that firm conclusions could not be drawn, on the basis of information contained in the application, concerning the geological suitability of the proposed burial site to assure there would not be transport of radioactive materials through ground water to surrounding streams. The State concluded, on the b' asis of their evaluation, that the site was suitable for the disposal of radioactive waste and euthorized its use.
Through.1959, no major problems were identified relating to operation of the burial ground.
Initial Concerns In 1970, Kentucky staff expressed concern about cparation of the site j
and the need fod a more extensive review of the burial ground operation.
I This concern was based on the increasing quantities of radioactive material being buried at the site, and on-site water management problems.
In addition to commercially generated wastes from reactors, isotope users and fuel cycle facilities, significant quantities of plutonium and i
tritium from AEC contract operations were buried at the site.
Staff
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concern increased during 1971 as the licensee continued to have problems 1
with the accumulation oPw4ter in completed trenches.
The State instituted enforcement action but the-ficensee continued to have problems with the accumulation of water in completed l trenches.
In 1972, environmental monitoring data began to indicate that the site might be contributing radioactivity to the local environment. The licensee continued to experience difficulty in controlling on-site water and MECO violated j
terms of their license.
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In September.1972, the State ~ issued an' order against NECO for noncom-
-pliance and willful violation of conditions of the license relating.to water'in completed trenches, burial of unauthorized material,' and dis-posal 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
$500,000. This. letter of credit was in lieu of a performance bond to assure compliance with the terms of the order. ' Action taken by NECO to control water prob 1_ ems included the pumping of water from trenches intol
.'above-ground storage tanks and' the installation of an evaporator to concentrate-the liquids for disposal as~ solids.
The State and NECO have co' ducted environmental monitoring programs at n
o Maxey Flats since 1952. The routine State program consisted of monthly H
trips to collect samples from natural streams, weils,' springs, including-drainage and seepage.from all sides of the site. These sample points
. ranged up to approximately two miles in' distance from the_ site.
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November 1973, the State instituted a special.six-month environmental.
monitoring study to identify the source and scope af the, increased levels of environmental-radioactivity previously identified in the site environs.
Soecial Studies _
In October 1974, Kentucky informed the NRC of the preliminary results of their special six-month environmental study at Maxey Flats. Kentucky concluded, on the basis of their special six-month study, published in December 1974, that the burial ground was contributing radioactivity to the local environment, but at levels which did not create a public
~ health hazard.
They identified tritium, Co-60, Sr-89 and 90, Cs-134 and 137, and Pu-233 and 239 in certain individuai samples in the unre-stricted environment. The levels ranged from slightly above background to orders of magpitude above background for. certain individual samples.
The NRC, based on available_ Kentucky and licensee 6ats concerning aquatic releases,. calculated a maximum potential whole had dose 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 levels of radioactivity observed and the most restrictive
- radionuclide mixture.
Kentucky recomended further studies at the site '
to assess the long-range health and safety significance of their. findings.
Kentucky expanded their existing' Radioactive Uaste Disposai Environmental Study Design Committee to include" members from other Kentucky and Federal agencies and held a meeting in February 1975. Te MRC participated.
The Committee recommended a six-point program fer further studies at Haxey Flats.
Kentucky initiated implementation of some of these studies e
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and requested Federal funding assistance.
Cencurrently, Kentucky Governor Julian Carroll requested the ilRC to conduct an independent review of the site. An !!RC review group was appointed which reviewed information available about the site, conducted a site visit and cet with Kentucky and flEC0 officials. The ilRC concluded on the basis of their study that there is no significant public health problem associated with the release of radioactive material from the burial ground and that V,entucky has been taking appropriate action to implement the recommendations made i
in their December 1974 report. The flRC also made several recorrmandations principally dealing with methods to improve the water canagement program to minimize the potential for migration of radioactivity.
Governor 4
Carroll was informed of the results of the flRC review in July 1975. lie subsequently issued a press release indicating the liRC was responsive to his request and directed the Kentucky Department for Human Resources to carry out the NRC's recorn:endations. The !!RC also inforced Kentucky that the NRC would provide continuing technical assistance but was not able to pr, ovide financial assistance to help carry out the studies. The EPA has been taking and analyzing environmental saeples for Kentucky.
In addition, in February 1976, NRC initiated a special inspection at.
Maxey Flats to take independent envrionmental samples for analysis. The result of these analyses was consistent with the Kentucky finding for similar samples.
Thc licensee- (NECO) has conducted their own environmental monitoring programs. NECO has previously taken exception 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 time, show no trends toward increasing levels of envirenzental radioactivity and show no real potential for human exposure to persons living in the area.
In addition, NRC waste management research activities which are currently l
underway include NRC participation in a USGS study and a contracted Brookhaven Nationa) Laboratory study.
The USGS is conducting a study to develop geologic and hydrologic criteria for evaluating waste burial sites and to develop predictive waste transport models for buried radionuclides..f;RC is assisting the USGS in this program by providing analytical se vices for samples obtained by the USSS. The USGS plans to
. initiate further studies at the Kentucky site in the near future.
Under the NRC contract, work is undenvay at Brookhaven to carefully catalogue the types and characteristics of wastes likely to be found at the burial grounds.
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Recent Actions Members of an ?!RC interoffice task force, responsible for ' reviewing Federal / State roles in the regulation of cornercial low-level radio-active waste burial grounds, visited the Maxey Flats site and talked g
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with Kentucky State officials in July 1976.
The purpose of the visit was to cbtain background information for preparation of the iRC staff report. The purpose of the report, which is currently before the Com-mission for consideration, is to assess the current s,tatus of commercial low-level waste disposal and to make appropriate recomendations to the Commission.
The Kentucky Legislature has imposed a 10 cents per pound excise tax on waste received at the site for burial; the tax became effective in June 1976.
The tax is intended to assure that adequate funds for any con-tingency are available.
prices at oth'er sites are determined primarily 3
on a cubic foot basis and range from $1.25/ft to $3.25/ft3 for most categories of waste.
The additional tax in Kentucky results in a disposal cost that is 3 or 4 times higher than the charges at other sites. The imposition of additional cost has virtua??y ended shipments of waste to the site.
In September 1976, the NRC Office of State Programs conducted a periodic review and evaluation of the principal administrative and technical aspects of the Kentucky radiati This ' included an examination of licensing, inspe,on control program.ction, and enforcemen emergency response capabilities; and the status of the State's radiation control regulations.
Special attention was paid to hTCO's files and activities. As a result of this review of the State's program and the routine exchanges of information between the f;RC and the State.of Kentucky, the reviewers concluded that the Kentucky program for regula-tion of agreement material is adequate to protect the public health and safety. and noted implementation of suggestions made during a previous j
program review (conducted in f4 arch 1976). However, the reviewers believe the State's program could be further improved and offered
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reccmmendations. I!one of the recommendations related to health and safety but to administrative or management procedures.
i A recent study b'y the Environmental Protection Agency indicates that the principal vehicle of radioactivity release from the site appears to be precipitation run-off from the surface of the site. The report further notes that contamination of the surface could have resulted from spills during burial operations, deposition from the evaporator and lateral migration through the soil zone but the relative contribution from these sources could not be determined.
The report also notes that subsurface migration may be occurring but states:
"Although subsurface migration is apparently the major pathway responsible for the presence of radionuclides in the walls, pos-sible contamination during drilling or from contaminated surface water entering the wells at the casing-soil interface cannot be excluded.
Even though subsurface transport might explain the occurrence of radionuclides in the test wells, their presence off-site -- in the f4ain East Wash, flo-flame Hollow Creek, Rock Lick 4
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6 Creek, etc'. -- appears to be primarily irem surface water run-off and evaporator plume deposition.
Additional geological, hydrological and radiological measurements would be necessary to evaluate the extent of subsurface migration of radionuclides from the trenches."
Conclusions Potential dose assessments, based on recent maximum levels of radio-l activity being detected in the environment surrounding Maxey Flats and conservative assumptions regarding the isotopes present and pathways to man, have been prepared by the State of Kentucky. The potential doses are well within established guidelines -and yield maximum potential annual.whole body doses not in excess of 50 millirem and maximum poten-tial annual skeletal doses not in excess of 155 nillirem.
The site is being studied to better characterize tha modes o') radiol activity release. Study results may provide bases for further changes and improvements in site operations.
Only the future performance of the t
l Maxey Flats site will demonstrate whether improved operational procedures and proper management of on-site water will be effective in assuring essentially complete containment of buried waste.
Improvements taken seem to be working. However, the operation of this site at the level of release being detected in the environment today is not creating a hazard to the public health and safety and has provided safe containment of buried waste.
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