ML20235D398

Partial Response to FOIA Request for Documents Re Newport News Shipbuilding for 1962-1978.Forwards App B Documents.App B Documents Placed in Pdr.App a Documents Already Available in Pdr.No Records Subj to Item 1 of Request Located

ML20235D398
Person / Time
Issue date:	07/02/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Pharr A NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.
References
FOIA-87-320 NUDOCS 8707100153
Download: ML20235D398 (3)

Text

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U.S. NUCLEAR REGULATORY COMMISSION NRc Foia REcutsT NuusERest F01A-87-320 RESPONSE TYPE i

l RESPONSE TO FREEDOM OF lNFORMATION ACT (FOlA) REQUEST f~ 'I*^'

IXI'^"';^'

'r (eeeee /

Qg DOCKET NUMBERI$14tf apphceMrs JtH. 2 3 87 RE0vESTER A. L. Pharr, Esquire PART f.-RECORDS RELEASED OR NOT LOCATED (See checAed boxes)

]

l No agency records subject to the request have been located.

No addnional egency records subject to the request have been located.

Agency records subject to the request that are identihed in Appendi, A are si,eady vaiiabie fo, pubiic inspection and copying in ene NRC pubiic Document Room, 1717 H Street, N.W., Washington, DC.

Agency records subject to the request that are identified in Appendix b are being made available for public inspection and copying in the NRC Public Document X Room,1717 H Street, N.W., Washington, DC, in a folder under this FOIA number and requester name.

The nonproprietary version of the proposalis) that you agreed to accept in a telephone conversation with a member of my staff is now being made available for public inspection and coying at the NRC Public Document Room,1717 H Street, N W, Washington, DC,in a folder under this FOIA number and requester name.

X Encioned is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Room,1717 H Street, N.W., Washington, DC.

Agency records subject to the request are enclosed. Any epplicable charge for copies of the records provided and payrnent procedures are noted in the comments section, X Rscords subject to the request have been referred to another Federal agency 6es) for review and direct response to you.

In view of NRC's response to this request, no further action is being taken on appeal letter dated PART 81.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from public diodosure pursuant to the FolA exemptions descfibed in and for the reasons stated in Part II, sec-tions B. 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 inspection and copying in the NRC Public Document Room,1717 H Street. N.W., Washington, OC, in a folder under this FOIA number and requester name.

Comments No agency records subject to item 1 of your request have been located.

Other documents pertaining to item 2 of your request have already been made available at the NRC Public Document Room (PDR). These documents have been filed in PDR folder F01A-87-235 under the name of Minton. Additional subject documents l

will be placed in the Minton file upon completion of staff review.

StGN ' DIRECTOR. D'V!S' N RULES RECORDS b& L <. . (84m2 ^)

f7 "B707100153 870702 1 PDR FOIA I PHARRB7-320 PDR i

NRC FORM 464 <Part n (9 86;

j 'Lv .-

4 l

Re: F01A-87-320 APPENDIX A ITEM 2

1. 1/83. NUREG/CR-3032, LA-9565-MS, Studies of Transport of Waste 1 Radionuclides Through Soil at the Maxey Flats. Kentucky, Waste Burial Site. PDR Accession No. 8304060030 ,

i

2. 4/87 NUREG/CR-4918, Volume I, Control of Water Infiltration into Near Surface LLW Disposal Units. -PDR Accession No.

8705120092 1

i f

I

Re: F01A-87-320 APPENDIX B j i

I ITEM 2

1. 3/25/86 Memo route slip from Edward O'Donnell w/ attachment: The ,

Effects of Natural Organic Compounds and of Microorganisms {

on Radionuclides Transport, NEA Workshop Proceedings, l Paris, France June 12, 1985. Encloses report: The Relative ]

Contributions of Natural and Waste-derived Organics to the Subsurface Transport of Radionuclides. A.P. Toste and f R.B. Myers, Pacific Northwest Lab. (22pages) 1

2. 4/27/87 Ltr from Ann L. Pharr, Newport News Shipbuilding to Maxey flat Steering Committee. (2 pages)

3. 5/19/87 Ltr to Ann L. Pharr from Patrick M. Tobin, EPA. (2pages)

4. 6/3/87 Ltr from Paul S. Williams, Director, Contract >

Administration to Contracting Officer with attachments.

(6pages)  ;

i

THE EFFECTS OF NATURAL ORGANIC COMPOUNDS AND OF MICROORGANISMS ON RADIONUCLIDES TRANSPORT PROCEEDINGS OF'AN NEA WORKSHOP HELD IN PARIS ON 12TH JUNE 1985

'l 4

l-RADIOACTIVE WASTE MANAGEMENT COMMITTEE OECD NUCLEAR ENERGY AGENCY

~

38, boulevard Suchet, 75016 Paris, France 1986

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o THE RELATIVE CONTRIBUTIONS OF NATURAL AND WASTE-DERIVED ORGANICS TO THE SUBSURFACE TRANSPORT OF RADIONUCLIDES A. P. Toste and R. B. Myers Biology and Chemistry Department Pacific Northwest Laboratory P. O. Box 999 ,

Richland, WA 99352, USA ABSTRACT Our laboratory is studying the role of organic compounds in the subsurface transport of radionuclides at shallow-land burial sites of low-level nuclear j waste, including a commercial site at Maxey Flats Kentucky, and an aqueous waste disposal site. At the Maxey Flats site, several radionuclides, notably' Pu and 60C0, appear to exist as anionic, organic complexes. Waste-derived ' '

organics, particularly chelating agents such as EDTA, HEDTA and associated degradation products (e.g. ED3A), are abundant in aqueous waste leachates and appear to account for the complexation. EDTA, and probably o her waste-derived chelating agents as well, Are chelated to the Pu and gOC o in the leachates, potentially mobilizing these radionuclides. In contrast, at the low-level aqueous waste disposal site, naturally-occurring organics, ranging from low molecular weight (MW) acids to high MW humic acids, account for the bulk of the groundwater's organic content. Certain radionuclides, notably 60C o, 103Ru and 125Sb, are mobile as anionic complexes. These radionuclides are clearly associated with higher MW organics, presumably humic and fulvic acids with nominal MW's > 1000. It is clear, therefore, that naturally-occur-ring organics may play an important role in radionuclides transport, particu-l larly at nuclear waste burial sites containing little in the way of waste-derived organics.

Comment: The tou-levet aqueous trench referred to above is the N Trench. <

at Hanford. George Birchard was the NRC project manager for the work conducted there. Eduard O'Donnell was the NRC project manager for the thxey Flate vork.

57

J INTRODUCTION

~

The factors governin to be extremely complex. g the subsurface migrhtion of radionuclides appear Considerable research indicates that the mobility of radionuclides depends on their physicochemical forms [1-33. For example, certain radionuclides can exist as inorganic, anionic complexes that are fairly mobile in soil solutions [3]. On the other hand, certain radio-nuclides a ppear to be retarded by inorganic complexes associated with soil particles [41 Perhaps one of the least understood aspects of subsurface radionuclides l

transport is what role organic compounds play in mediating radionuclides migra-tion in groundwater.

For example, does the organic content of soil particles enhance the retardation, or sorption, of radionuclides? On the other hand, do organic compounds, naturally-occurring (bioorganic) or synthetic (waste- i' derived), facilitate the migration of certain radionuclides in groundwater?

Researchers are beginning to explore what role organics play on subsur-face, radionuclides transport. In particular, several recent studies have addressed the role of organics in mobilizing radionuclides by forming anionic complexes or chelates [5-15). In certain cases, it appears that waste-derived organics may play an important role in mobilizing radionuclides [5-12]. In . .

other cases, naturally-occurring organics appear to play a major role in con-trolling subsurface radionuclides transport [4,13-15). Many of these studies reveal that the identification of such anionic, organic complexes or chelates explain otherwise anomalous, or unpredicted, behavior by certain radionuclides.

Researchers at Pacific Northwest Laboratory (PNL) are currently studying the subsurface migration of radionuclides at several shallow-land burial sites in the U.S. and Canada. In the past few years, we have expanded our geo-chemical studies of radionuclides transport to include organic research. This expansion of effort has been most evident in our research at two sites: a commercial, shallow-land burial site of low-level nuclear waste at Maxey Flats.

Kentucky; and a low-level aqueous waste disposal site. Using these sites as model systems, we have studied the role of organics in the subsurface trans-port of radionuclides.

The specific aim of this report is to assess the relative contributions of waste-derived and naturally-occurring organics to the subsurface transport of radionuclides using the Maxey Flats site and the aqueous waste disposal site as model systems. At the Maxey Flats site, we focused on waste-derived organics and low molecular weight (MW) naturally-occurring organics; whereas at the aqueous waste disposal site, where weste-derived organics are not present, we focused on naturally-occurring organics, both low MW and high MW species.

58

_ BACKGROUND Maxey Flats Shallow-Land Burial Site Access to the Maxey Flats shallow land burial site provided us with the opportunity to study the subsurface migration of radionuclides at an actual burial site where the groundwater in the waste burial area is anoxic. The

, site is one of several existing commercial shallow land burial sites in the eastern United States. Maxey Flats is a plateau in northeastern Kentucky approximately 19 km from the city of Morehead. The nuclear waste burial site occupies approximately 0.08 km2 of the plateau and sits approximately 90-122 m above the surrounding valleys [16]. The lithology of the site consists of thick layers of fractured shale, which is relatively impermeable to groundwater flow, separated by thinner layers of sandstone. Waste has been buried in slit trenches excavated down to the first sandstone layer. Trench dimensions range up to approximately 100 m in length, up to approximately 16 m in width, and up to 6 m in depth.

Waste burial at Maxey Flats began in 1963. Over the next 14 years, approximately 2.4 million curies of by-product material, plus 432 kg of special nuclear material (including 64 kg of plutonium) and over 242,000 kg of source .

material were buried at the site. A number of problems finally forced the site to close in 1977. Trace amounts of waste radionuclides were detected in the surrounding environs. A number of water management problems also developed. l Decomposition of waste containers followed by compaction of the waste led to subsidence of the soil trench caps. The resulting holes were quickly filled and the trench caps mounded with soil to promote the runoff of rainwater.

Despite such remedial construction efforts, however, rainwater entered the breached burial trenches and accumulated because of the soil's impermeability, leeching radioactivity from the buried waste. The excessive accumulation of radioactive leachate forced the site's operators to dewater the trenches by '

pumping the leachate and concentrating it in an on-site evaporator. The evaporation operation, in turn, resulted in atmospheric transport of low levels of certain radionuclides in the evaporator plume, primarily tritium. For the past few jears the site has teen covered with a temporary geomembrane (plastic cover) to minimize infiltration by rainwater. This effort has proven success-ful enough to permit the evaporator to be shut down temporarily.

The factors governing subsurface migration of radionuclides at the Maxey Flats site appear to be extremely complex. Previous research conducted at the Maxey Plats site clearly indicates that the mobility of radionuclides in groundwater depends on their physicochemical forms [5-10]. Plutonium was detected in waste leachate and appeared to be chelated to the chelating agent EDTA [5,6,8-10]. Subsequent research at PNL has confirmed these earlier observations by researchers at PNL and other laboratories and has provided The most abundant new insights on radionuclides the subsurface in waste migration leachates.from Maxeyof radionuclides.60 Flats are 3g, C o, 90S r, 137C s, 238P u, 239,240Pu, and 241A m [11]. Unlike the other radionuclides, the mobile forms of 60Co and 238P u proved to exist mainly as soluble anionic species [12). i Moreover, the mobile, anionic plutonium proved to be mainly Pu4+ with some Pu3+ also present. This was initially surprising because Pu4+ an,d Pu3+ are typically quite immobile in soil solutions [17]. The high organic carbon l

l 59

content of Maxey Flats leachates (e.g., 160-1500 ppm) suggested that organic

- complexation might account for the mobility of the Pu, as well as the 60C0, in groundwater [11]. At this point, we expanded the scope of our chemical speciation research at Maxey Flats to include organic research.

Low-Level Aqueous Waste Disposal Site Access to a low-level aqueous waste disposal facility provided us with the opportunity to study the transport of a large number of radionuclides in oxygenated groundwater under natural ennditions. Reactor effluent water

. containing low levels of radioactivity are discharged into a seepage trench consisting of a rock-lined basin # 3300 m2 in area. The seepage trench is connected to a narrow, unlined trench 490 m long x 15 m wide, which lies on a  ;

bluff overlooking a river. The trench parallels the river. The effluent water percolates through soil between the trench and the river, some of it eventually emerging at seepage springs along the riverbank. A large number l of the radionuclides in the effluent water are efficiently sorbed onto the soil during transit, but some migrate with the groundwater, presumably because ,

of their physicochemical forms. The advantages of using the aqueous waste l disposal system to study radionuclides migration in groundwater are: 1) accessibility; 2) measurable concentrations of radionuclides; 3) a well-defined source of aqueous effluents; and 4) short transit distance from the i trench to the springs. -

During early studies a variety of radionuclides were detected in the trench water includin : 46S c 51Cr 54M n 57C o 59Fe 60 Co 65 Zn 95Z r, 95Nb, 103R u, 106R u, 124Sb, 25 Sb,151,154 1 sC ,137 sC,,140 aB ,,141 Ce,,144,e C and 4 transuranic radionuclides [2 ]. Most of the radionuclides enter the trench at least partially in the particulate, or insoluble, form. The soluble species of each radionuclides in the trench water were either predominantly cationic, pnionic, nonionic or a mixture of these forms. Cobalt-60, 54 Mn, 59 Fe and 137C s are the predominant gamma-emitters. Occasionally, a number of short-to intermediate-lived radionuclides appeared in the trench water, including the radioiodines (131,132,133,1351 ), 140 Ba.140 La and 99M o.

In general, the physicochemical forms of the radionuclides in the trench and spring waters differed markedly. The radionuclides emerging in the river-  !

bank springs are primarily those which exist in anionic or nonionic species, i.e., 51 rC60 o, C99 c, 106Ru, T 125Sb, and 131 1 As the trench water percolates through the soil to the riverbank springs, the particulate and cationic species appear to be efficiently removed by filtration, sorption, and ion exchange mechanisms by the soil.

EXPERIMENTAL Maxey Flats Shallow-Land Burial Site 1

Sample collection. Eight aqueous waste leachates were collected from six waste trenches scattered throughout the Maxey Flats disposal site (Figure 1). Seven of the samples were pumped from trench sumps by researchers from Brookhaven National Laboratory (BNL) in October 1979 (waste trench 27) and i

e 60 1

Coment: The tou-level aqueous trench is the N Trench at H:nford.

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at Maxey Flats. Kentucky.

October 1981 (waste trenches 7 (sump 3),19 (sump W), 23 (sump M), 33 (sumps L-4 and L-8), and 35) and analyzed for organic compounds in our laboratory at PNL as part of a cooperative research effort. Researchers at BNL characterized the inorganic and radionuclides content of these leachates. The samples were stored at 40C and in an inert atmosphere at BNL's laboratory to prevent oxi-dation. Because these samples were originally collected for inorganic analyses, each of the samples was filtered with a 0.45 m filter and preserved by acidification with ultrapure nitric acid prior to analysis. After shipment to PNL, the acidified samples were stored at 40C in Teflon bottles prior to sample preparation. Two additional leachates were collected by researchers from PNL in July 1982 (waste trenches 27 and 195 (sump 5)). These samples were pumped from the trench sumps using peristaltic pumps and collected under argon in Teflon or glass bottles. They were degassed with argon and sealed tightly for shipment to the laboratory, where they were stored in a refriger-ated room at approximately 400 prior to sample preparation.

Analytical procedures. Organic analyses were perfomed on whole water samples, i.e., no chromatographic fractionation, (survey study) and on a fractionated water sarple, following steric exclusion chromatography (detailed speciation study). Each analytical sample was then concentrated, derivatized using a methylation reaction and subsequently analyzed by gas chromatography (GC), GC-mass spectrometry (GC-MS), and GC-Fourier transform infrared spectro-scopy (GC-FTIR) using procedures . specially designed for radioactive water sampl es . Gamma-emitting radionuclides were analyzed by gamma-ray spectrometry using a Ge (Li) detector. Plutonium was determined using solid state detectors and alpha energy analysis following radiochemical separations. Strontium-90 was chemically separated and counte'd on a beta proportional counter. Nonradio-active species were analyzed by neutron activation analysis using the PNL suberitical neutron multiplier (18), and by chemical and instrumental analysis.

The specifics of the analyideal procedures used in our research at the Maxey Flats site have already been described in detail elsewhere [5]. For the sake of brevity, they will not be repeated in this report.

61

l \

t 1 I

Low Level Aqueous Waste Disposal Site

(# Trench at Ranford)

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Sample Collect 1on. Groundwater was pumped from Well #1 on July 5,1984 (Figure 2). Well #1 is located 30 m from the trench at the low-level disposal site. The water was filtered through 0.45 pm silver membrane filters and collected in acid-cleaned amber glass bottles. Water was also collected from the trench and springs as well. The samples were immediately transported to the laboratory where they were stored at 40C prior to analysis.

Analytical Procedures. The filtered ground water underwent sample prepar-ation immediately on arrival at the laboratory. Replicate aliquots of filtered '

l water (400 mL) were concentrated to 20 mL by vacuum evaporation before the dialysis and steric-exclusion fractionation into different molecular weight fractions. ,

l For the dialysis study, 20 mL of concentrated groundwater were placed in cellulose dialysis tubing with a MW = 1000 exclusion limit. The dialysis tube was sealed and placed in a beaker containing 1 L of Milli-Q purified j water. The beaker was covered, and the system was magnetically stirred for 24 h. The system was then opened, and the 1 L of dialysate was decanted into an acid-cleaned glass bottle, which was refrigerated. One liter of fresh water was added to the system followed by another 24 h of stirring. The pro- ,

cedure was repeated again, yielding 3 L of dialysate, which was termed the ,

lower MW fraction (MW < 1000). The 3 L of dialysate were concentrated to 20 ML by vacuum evaporation and set aside for subsequent analysis. The concen-trated groundwater remaining inside the dialysis tube was pipetted into an I acid-cleaned glass vial and labeled the high MW fraction (MW > 1000).

The concentrated lower MW fraction (M < 1000) from the dialysis study was further fractionated on a Sephadex G-10 column by chromatographing it with Milli-Q purified water at a flow rate of 100 mL/h. Replicate runs were made, with and without Blue Dextran as a void volume marker. Each column was also calibrated using dextran polymers of different MWs. The column effluent was monitored by UV absorbance at 254 nm and collected into acid-cleaned flasks as three fractions: 1) fraction A, the first third of the chromatogram, nominally corresponding to a MW range of 700 to 1000; 2) fraction B, the middle third of the chromatogram, nominally corresponding to a MW range of 300 to 700; and 3) fraction C, the final third of the chromatogram, nominally corres-ponding to a MW range of < 300.

Each of the fractions obtained in the dialysis and steric exclusion fractionations were subsequently divided into three aliquots and anal their UV absorbance at 254 nm and 285 nm, total organic carbon (TOC)content yzed for and Y-emitting radionuclides. The organic content of each fraction was anal-yzed for its so-called humic and fulvic acids content by computing its humic /-

fulvic acids enrichment factor: A285nm/ TOC, normalized to the value for the original well water. Aromatic residues (e.g., phenolic groups associated with naturally-occurring organics), particularly humic and fulvic acids, absorb strongly in the ultraviolet region at a wavelength of 285 nm. For the radio-nuclide analyses, it was decided to measure the Y-emitting radionuclides based on the results of past work [2].

62

Some caution must be exercised when assigning MWs to onganic species solely on the basis of dialysis and steric-exclusion fractionations. The dialysis tubing and the Sephadex columns were sized-calibrated using specific standards'(e.g., dextrans), whose conformations may bear little resemblance to the organics in the groundwater samples. Any fractionation must be considered operational for the specific class of compounds being considered.

Consequently, any MWs assigned must be considered as nominal MWs. That is not to say that such information is worthless. There is ample evidence in the literature indicating good correlation between MWs determined for humic and x- rayfulvic acids by scattering steric exclusion chromatography, ultra-filtration, and (19,20).

Materials Standards The standards used in the GC analyses were purchased from Aldrich Chemical Company (Milwaukee, Wisconsin), United States Pharmacopeial Convention Inc. (Rockviile, Maryland) and Sigma Chemical Company (St. Louis, Missouri). Dextran standards used to calibrate the Sephadex columns were purchased from Pharmacia Fine chemicals (Piscataway, New Jersey).

Chromatographic Columns and Dialysis Membrane The glass columns (2.5 .

cm x 45 cm) and the Sephadex G-10 and G-15 were purchased from Pharmacia Fine Chemicals (Piscataway, New Jersey). The dialysis membrane was purchased from Spectrum Medical Industries, Inc.

Reagents Solvents and Glassware The BF3 / Methanol (14% w/v) used in the methylation reaction was purchased from Regis Chemical Company (Morton Grove, Illinois). All of the solvents used in the organic analyses were redistilled-in-glass solvents purchased from Burdick and Jackson Laboratories, Inc..

Deionized water, prepurified for laboratory use, was further purified on a Milli-Q filters.

system (Millipore) containing two ion exchange resins and tw6 charcoal All glassware was acid cleaned in a hot solution of sulfuric acid /-

nitric acid (4:1 v/v).

RESULTS AND DISCUSSION Maxey Flats Shallow-Land Burial Site The analytical procedures developed for the organic analysis of the waste leachates from Maxey Flats have yielded considerable information about the leachates' hydrophilic organic fraction, where organic ligands of radio-nuclides like synthetic chelating agents reside. Work-up of the hydrophilic organic fraction yielded another fraction, the hydrophobic organic fraction.

Its analysis, we contend, also yields important environmental information, some of which may touch on the subsurface migration of radionuclides. Finally, the detailed chemical speciation procedure using steric exclusion chromatog-raphy has yielded some important information about the association of hydro-philic organic compounds with radionuclides.

Hydrophilic Organic Comnounds. Quite a variety of hydrophilic organic compounds were identified in the waste leachates (Table 1). Six classes of compounds are represented:

synthetic chelating agents containing ethylenedia-63

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mine as a core; dicarboxylic acids; monocarboxylic acids; oxygenated carboxy-lic acids; aromatic tarboxylic acids; and phthalic acid esters. The chelating agents have been used extensively at nuclear facilities for various reasons:

decontamination campaigns, isotope extraction, etc. The four classes of carboxylic acids are common bioorganic compounds or their microbial diagenesis products. Phthalates are used heavily in industry as plasticizer in plastics and may also be microbial diagenesis products.

, The most abundant class of hydrophilic organic compounds identified in the waste leachates are the chelating agents, ranging from 22.9 ppm in trench 19W down to 0.08 ppm in waste trench 33L-8. Three chelating agents were identified in the leachates: ethylenediaminetetraacetic acid (EDTA),

N-(2-hydroxyethyl) ethylenediaminetriacetic acid (HEDTA), and ethylenedia-minetriacetic acid (ED3A). EDTA is common to all of the leachates over a wide range of concentrations, ranging from 12.4 ppm in trench 19W down to 0.08 ppm in trench 33L-8. EDTA is the most abundant chelating agent in the leachates, with the exception of trench 23M where HEDTA is most abundant at 19.5 ppm. The relative abundance of the chelating agents in the leachates varies considerably, presumably reflecting differences in the wastes originally buried, as well as differences in the microbial and/or chemical environments of the waste trenches. This is particularly true of the waste in trench 23M where HEDTA is the major component. This overabundance of .

HEDTA, coupled with the unusually high concentration of ED3A, suggests that the waste buried in trench 23M is different than that of most of the waste trenches.

The third chelating agent identified in the waste leachates is ED3A. It is the least abundant of the three chelating agents and is presumably a degradation product of HEDTA and/or EDTA via chemical and/or microbial dia-genesis. Unlike EDTA and HEDTA, ED3A is not commercially available as a .

chelating agent. EDTA has been reported to undergo environmental degradation I toed 3A[21). HEDTA is known to undergo chemical degradation to ED3A as well

[22). If the E03A in the Maxey Flats leachates is indeed a degradation product of HEDTA and/or EDTA, our results indicate that its formation is not a simple process. The leachates that contain the most ED3A (trenches 19W, 195, and 23M) also contain both HEDTA and EDTA. However, two other samples .

which contain ED3A (trenches 7-3 and 27) contain only EDTA in addition. In 8 three of the leachates (trenches 33L-4, 33L-8, and 35) EDTA is present without any ED3A. Whatever the source of the ED3A, however, it is clear that the process is fairly vigorous. In the five trenches where it is present, the  !

ED3A content ranges from 9.6% (19W) to 19.2% (7-3) of the total chelator pool.

The other classes of hydrophilic organic compounds consist of a variety of carboxylic acids which are bioorganic compounds or their diagenesis pro-  !

ducts. Collectively, the carboxylic acids range in concentration from 8.8 ppm in trench 7-3 down to 0.7 ppm in waste trench 27. The dicarboxylic acids are the most abundant acids. One of these acids, oxalic acid, is used in nuclear decontamination operations as a com;,lexing agent, but it is present only in leachate from waste trench 195 at a relatively low concentration of 0.1 ppn. The monocarboxylic acids are poorly represented in the waste leech-ates. Only two monocarboxylic acids were identified: hexadecanoic acid, l g

commonly known as palmitic acid; and octadecanoic acid, commonly known as ,

stearic acid. Groundwater samples typically contain these two compounds plus 65

a variety of other monocarboxylic acids of increasing and decreasing carbon numbers. The lack of monocarboxylic acids undoubtedly reflects the fact that the waste leachates consist of rainwater which has infiltrated the waste trenches, leached the buried wastes, and stagnated in the trenches.

The presence of the various classes of carboxylic acids, particularly the oxygenated and aromatic acids, coupled with the presence of the E03A, argues that microbial diagenesis in the waste leachates is quite vigorous.

. Other evidence indicates that the waste leachates do indeed support vigorous microbial populations, particularly anaerobic bacteria (23). In fact, the anoxic character of the waste leachates appears to be due to anaerobic bac-terial activity.

Hydrophobic Organic Compounds. A variety of hydrophobic organic com-pounds, presumably all waste-derived, were also identified in the waste leachates from Maxey Flats (Table 2). The concentrations of these compounds are generally much lower than those of the hydrophilic organic compounds (ppb vs ppm). Moreover, such compounds would not be expected to be strong ligands for complexing radionuclides. However, a number of the compounds (e.g., the halogenated hydrocarbons) are toxic and, therefore, of potential environmental concern. Their concentrations are quite low, however. From a research point  !

of view, some of the hydrophobic organic compounds (e.g., the barbiturates) could be exploited as "in-situ," waste-derived tracers of groundwater flow.

Organic compounds typically used as " artificial" groundwater tracers (i.e.,

injected into a groundwater system), such as fluorinated hydrocarbons or flu-orinated organic acids, would solvent extract into the hydrophobic organic fraction [5,24]. It seems clear, therefore, that the amount of information potentially available justifies the research effort in analyzing the hydro-phobic organic compounds, even in nuclear-related research, e The two barbiturates, barbital and pentobarbital, are present in leachate $

from waste trenches 7-3, 19W. 23M, 27 and, to a lesser extent, 35. Their /

source is undoubtedly bio-medical waste. Pentobarbital has been used exten-sively in pharmacological research, perhaps in conjunction with radioactively labelled tracers. Barbital has been used in the past as a buffering agent in biochemical and clinical research.

Three chemically related compounds, vanillin, vanillone and 4-hydroxy-benzaldehyde, were identified in leachates only from trench 33L (sump points 4 and 8). Vanillin (4-hydroxy-3-methoxybenzaldehyde) is commonly used indus-trially as a flavoring agent in confections, beverages and foods; it appears in perfumes; and it is also a reagent used in analytical chemistry. Vanillin is produced from the decomposition of lignosulfonic acid compounds in lignin during the processing of wood pulp. Oxidation of vanillin's 4-hydroxy group ,

yields vanillone, whereas elimination of vanillin's 3-methoxy group yields 4-hydroxybenzaldehyde. These two species are likely diagenesis products of vanillin but could well be synthetic by-products of vanillin manufacture.

The presence of these three compounds in leachates from trenches 33L-4 and 33L-8, combined with the absence of barbiturates and the low concentrations of chelating agents, argues strongly that the waste buried in trench 33L is quite unique, and, perhaps, the trench's biological / chemical environment as well. Radionuclides and inorganic research conducted at BNL also indicates that the waste leachate in trench 33L is unique [24).

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l The remaining hydrophobic organic compounds deserve some mention as well.

Two heterocyclic compounds were identified in some of the leachates. The fr most abundant of these compounds is 2(3H)-benzothiazolone, which appears in (s leachate from five trenches (7-3,19W. 23M, 27 and 35). We are not acquainted st with the uses of this compound, but the related compound benzotriazole, which wg appears as a trace constituent in trench 35, is used industrially in the manu- d, facture of rubber and certain pesticides. The 2(3H)-benzothiazolone may be a ar diagenesis product of benzotriazole, or it may be waste-derived. A series of f polyethylene glycol oligomers totalling 337 ppb was identified in leachate j from trench 7-3. These compounds are environmentally innocuous and enjoy a l ii wide range of uses in manufacturing. Finally, a number of aromatic carboxylic acids extracted into the hydrophobic organic fraction of the leachates, E-presumably because the samples had been acidified prior to shipment to our t laboratory frcim BNI . They are undoubtedly microbial diagenesis products and t could act as ligands, albeit weak ones, for complexing radionuclides. i i

Association of Organic Compounds with Radionuclides. The presence of P relatively high concentrations of strong organic chelating agents like EDTA, p HEDTA and E03A in the Maxey Flats waste leachates prompted a detailed chemical e speciation study aimed at determining whether the organic compounds identified c in the survey study are chelated or complexed to radionuclides. As outlined  ;

earlier, concentrated leachate from waste trench 195 was fractionated by steric a exclusion chromatography and subsequently analyzed for its radionuclides and (

organic content. r i

The concentrated leachate from trench 195 eluted from the steric exclu- <

sion column as several (at least six) distinct UV-absorbing species (Figure 3).

The peaks eluted af ter the column's void volume indicating that the species are retarded on the column and have nominal MW's less than 1500 based on elution of the column with Dextran standards.

. WFT 19S EDTA RECOVERY. 71 %

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5 10 15 20 25 30 35 FRACTION Figure 3. Steric Exclusion Chromatography of Aqueous Waste Leachate from Trench 195 at the Maxey Flats Burial Site.

68

GC analyses of the fractions collected during the chromatographic fractionation revealed that EDTA eluted as a bimodal peak in fractions 14-18

(# 1.5 -1.7 hrs) (Figure 3). Plutonium and 60C o co-eluted with the EDTA, strongly suggesting that EDTA is chelated with these radionuclides in the waste leachate. The split peak of EDTA suggests, perhaps, that at least two  ;

different types of EDTA-chelates are present. Further detailed organic analyses are needed to determine if the HEDTA and ED3A present in leachate from waste trench 195 are also chelated with the plutonium and 60C o.

The above findings agree well with earlier observations that plutonium in waste leachate from Maxey Flats exists as a stron Earlier binding studies with solutions of Pu3+, and EDTApy4+g anionic complex [

also revealed that the presence of a strong chelating agent like EDTA, even at low concen-trations comparable to those in Maxey Flats leachates, may a:tually be more important than the oxidation state of plutonium in determining whether pluton-ium adsorbs or migrates in soil [11]. In spite of this, other research at PNL indicates that organic chelation of plutonium and 60C o may not be a big problem at Maxey Flats [12]. When anoxic leachate from waste trench 27 was exposed to air, the physicochemical forms of these radionuclides changed considerably. Under oxic conditions, only small fractions of the 60 Co and plutonium were anionic. Hsif of the plutonium became cationic. In general, <

anionic species of radionuclides have been observed to be more mobile in soil compared to cationic forms. Consequently, the changes in the speciation of plutonium and 60C o suggest that these radionuclides may become less mobile as they migrate from the anoxic environment of the waste trench and mix with oxygenated groundwater.

A band of 90S r and 137Cs activity eluted from the Sephadex G-15 column in fractions 22-27 (2-3 hr). A variety of or compounds co-eluted with the 90 S C rThis and 137 s. has phenomenon ganic been acids and other h observed in a number of groundwater samples, suggesting that there is some sort of electrostatic association between radionuclides and polar organic compounds such as organic acids [24]. More research is necessary before the importance of any such association can be fully assessed.

l Low-Level Aqueous Waste Disposal Site The dissolved organic carbon concentrations in the trench and spring waters were typical of natural surface waters, generally ranging between 2 to 3 mg/L. These concentrations are considered sufficiently high to complex metal radionuclides species and, thus, affect their mobility in groundwater.

Therefore, we undertooh a comprehensive identification and quantitation of the major and minor dissolved organics in water from the trench, a monitoring well adjacent to the trench and the springs at the end of the disposal system.

We analyzed the low MW organics using the same analytical procedures developed for the Maxey Flats study. We also analyzed high MW organics using the dialy-sis and steric exclusion chromatography procedures.

Low Molecular Weight Organics. The major organic compound in a sample of trench water was identified as citrate (0.38 ppm), a chemical used exten-sively in nuclear decontamination solutions. The trench water also contained traces of oxalic acid (another decontamination agent), silicone oils (presum-ably used as lubricants at the reactor) and palmitic and stearic acids. The 69

Mr l l

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major organic compounds in the spring water were palmitic and stearic acids (1.8 ppb and 2.3 ppb, respectively), whose origin is biological. These acids q could be natural decay products of the decomposing biota in the trench or they could be derived from soaps or detergents used in the reactor. Organic acids have the ability to complex iron and other transition metal radionuclides, and could enhance their groundwater mobility at this site.

The low MW organic acids identified in the groundwater account for only a small percentage of the groundwater's organic content. Consequently, we decided to examine the higher MW organic species in the groundwater, focusing on humic and fulvic acids.

9 L l Dialysis Study. The dialysis fractionation of the ground water yielded two organic fractions: 1) the organic species inside the dialysis tube with nominal MWs > 1000; and 2) the organic species outside the tube with nominal MWs < 1000 (Figure 4). Humic /fulvic acids enrichment factors of 1.8 and 3.1 l were observed for the solutions inside and outside the dialysis tube, respec- '

tively. The high enrichment factor (3.1) associated with the lower MW frac-tion was undoubtedly caused by the resulting enrichment of lower MW fulvic acids in this fraction, which have a higher percentage of strong UV-absorbing groups compared to the much larger humic acids. On the basis of carbon analy-sis, 25% to 33% of the organic content appeared to have nominal MWS < 1000.

Antimony-125, 103 R u, and 60C o activity were detected in both fractions, but more activity appears to be associated with the lower MW organic fraction.

The lower MW fraction also contained 137 Cs htivity as well. These radio-nuclides may or may not be associated with the lower MW organics. They could exist as low MW inorganic species, which dialyzed through the dialysis mem-brane with the lower MW organics. In contrast, the 125Sb, 103Ru, and 60 Co activity remaining in the dialysis tube were presumably associated with the I higher MW humic /fulvic acid species.

Steric Exclusion.Fractionation. The Sephadex G-10 fractionation of the lower MW organic fraction from the dialysis fractionation is illustrated in Figure 5. Three distinct UV-absorbing species or aggregates were detected; the second and third peaks eluted as a doublet. The first peak (fraction A) corresponded to organic species with nominal MWs of # 700 to 1000. On the basis of the UV analysis, 47.2% of the organic content in the lower MW frac-tion resides in this fraction. The doublet (collected as fraction B) corres-ponded to organics with nominal MWs of e 300 to 700 and represented 52.8% of the organic content.

No UV-absorbing species were detected in fraction C, the end of the chromatogram, which would be where low MW fulvic acids with MWs < 300 would presumably reside. The humic /fulvic acids enrichment factor for fraction C was 1.2, indicating no significant enrichment over the original well water.

Carbon analysis indicated, however, that the organic carbon was spread over the three fractions: A, 46%; B, 34%f and C, 21%. Likely candidates for the non-UV-absorbing compounds in fraction C are the many carboxylic acids previously identified in the groundwater at the disposal site [2]. l Radionuclides analyses revealed the presence of 125 Sb, 103R u, 137Cs, and 60Co in fraction A, but only 125Sb was detected in fractions B and C. It 70 I ,

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tinseel touto.oet Figure 4. Dialysis Fr,actionation and Analysis of Groundwater from ,

Well #1 at the Low-Level Aqueous Waste Disposal Site. ,

Seonsdex G 10 Chromatogrechy of Dialyzed Ground Water. Well #1 *

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71

l

=

l would appear, therefore, that some of the radionuclides in the lower MW

(< 1000) dialysis fraction are indeed associated with organics having nominal MW3 of # 700 to 1000. The presence of 137 0 s in fraction A is a bit puzzling; 137Cs is not known to complex with organics. One possibility is that this radionuclides may be retarded by the Sephadex itself. More research is underway ,

to resolve this issue. l Concluding Remarks Research at the Maxey Flats commercial burial site indicates that waste-derived organics may be readily leached from unsolidified buried wastes.

Relatively high concentrations (ppm levels) of organic chelating agents such as EDTA, HEDTA and ED3A are readily leached from buried waste by water. All of the leachates contained chelating agents suggesting that their use in i nuclear operations has been widespread. Much lower concentrations (ppb) of I waste-derived hydrophobic organic compounds, including toxic species like barbiturates, are also leachable by water. The presence of ED3A in a number of leachates suggests that the chelating agents can undergo environmental degradation to other chelating agents with strong affinities for radio-nuclides. In general, the wastes buried at Maxey Flats are discharging appreciable concentrations of waste-derived organics into the groundwater.

The detailed chemical speciation study at the Maxey Flats site has '

revealed that EDTA readily chelates with plutonium and 00 C o in the leachates, potentially making these radionuclides more mobile in soil solutions. To date, only EDTA has been detected with the radionuclides but it is likely  !

that the other chelating agents present in the leachates, HEDTA and ED3A, are also chelated with the radionuclides. The extent to which the association of organic compounds and radionuclides will impact the environment will, or course, depend on the specific properties of the soil and groundwater at a waste burial site, e.g., oxygen tension, etc. At Maxey Flats the site specific properties have apparently combined to mitigate against excessive organoradio- i nuclide transport.

Unlike the Maxey Flats site, the low-level aqueous waste disposal site does not receive appreciable amounts of waste-derived organics. Moreover, even naturally-occurring low MW organics account for only a very small percentage of the groundwater's organic content. Our research at this site strongly suggests that high MW naturally-occurring organics such as humic and fulvic acids dominate as organic ligands for complexing some of the mobile radionuclides notably 60C o, 103 Ru, and 125Sb.

The results of the dialysis and steric-exclusion fractionation studies at the aqueous waste disposal site agree well with previous observations made on the physicochemical forms of these radionuclides [2]. Groundwater collected from Well #1 in January 1983 contained anionic forms of 60Co, 103 Ru and 12bSb.

The 103 R u and 125Sb, in particular, were almost completely anionic. The i Sephadex and dialysis studies support the hypothesis that at least some of I the anionic charge forms of these three radionuclides result from organoradio-nuclide complexation. The absence of other radionuclides in the organic frac- '

tions (e.g., 59Fe, 65 2n, 63Ni) does not necessarily preclude their organic complexation. They may simply be below detection limits and/or are not strong emitters. Reexamination of the ground water at much greater concentrations 72

l

! could well reveal the presence of other radionuclides in the humic /fulvic acid fraction.

Compared to the waste-derived chelating agents in Maxey Flats waste-leachates, the naturally-occurring organic acids in the groundwater of the aqueous waste disposal site are much weaker ligands for complexing radio-nuclides. However, in disposal systems where there is not much input from

, waste-derived organics such compounds will dominate. In certain areas, particularly humid areas with rich biota, the concentrations of such com- ,

pounds in groundwater may be extremely high.

Much more research needs to be conducted before the importance of  ;

organoradionuclide associations can be fully assessed in aqueous solutions,  !

much less in soil solutions. The interaction constants, e.g. conditional stability constants, of waste-derived organic ligands like EDTA with specific radionuclides need to be measured under realistic conditions. As far as naturally-occurring organics, i.e., humic and fulvic acids, are concerned, much more restarch needs to be done to characterize these high MW ligands and their interaction constants with specific radionuclides. Chromatographic and analytical procedures exist for isolating, purifying and characterizing humic and fulvic acids from groundwater. -Once macro amounts of these species are available, binding studies (e.g., dialysis and potentiometric titration) could be performed with specific radionuclides to measure binding constants, etc. [13]. Such information would provide a valuable, much needed organic data base for geochemical modeling of subsurface transport of radionuclides in soil solutions.

ACKNOWLEDGEMENTS c

Mr. Max R. Kreiter and Mr. R. Jeff Serne made the presentation of this research at the OECD NEA Workshop possible and contributed invaluable sugges-tions to the preparation of this report. Dr. L. J. Kirby performed the radio-nuclide analyses for the Maxey Flats study and provided valuable suggestions.

Mr. D. E. Robertson and Mr. K.. H. Abel performed the radionuclides analyses for the aqueous waste disposal site study and provided valuable suggestions on both projects. Mr. Richard Pietrzak and 'Dr. Ramesh Dayal of Brookhaven National Laboratory collected most of the Maxey Flats leachates as part of their own research effort and subsequently shipped them to our laboratory.

We are indebted to them for the opportunity to analyze the leachates. The authors are especially indebted to Ms. Lois Abbey and Mr. Quentin Dierks for their assistance in the laboratory. Dr. Roger Schirmer assisted in the interpretation of GC-MS data. Ms. Darlene Couch prepared the camera-ready d manuscript. The research was supported by the U.S. Nuclear Regulatory Commission. Pacific Northwest Laboratory is operated by Battelle Memorial Institute for the U.S. Department of Energy under Contract DE-AC06-76-RLO 1830. .

T 73

l 1

REFERENCES l

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p. 580-585.

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, nuclide Migration in Groundwater. NUREG/CR-3554 U.S. Nuclear I Regulatory Commission, Washington, D.C., 1983. )

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16. Zehner, H. H., " Preliminary Hydrogeologic Investigation of the Maxey Flats Radioactive Waste Burial Site, Fleming County, Kentucky," In Research program at Maxey Flats and Consideration of OtMr Shallow Land Burial Sites, NUREG/CR-1832. PNL-3510. (1981), p. XI-1,

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ACS Symposium Series 35, American Chemical Society, Washington, D.C.,

(1976), p.147.

18. Wogman, N. A., H. G. Rieck, Jr., J. C. Laul and K. W. MacMurdo, "High Sensitivity Isotope Analysis with a 252Cf 2$50 Fueled Suberitical Multiplitr and Low Background Photon Detector Systems," Nuclear Instrumentation and Methods, 141, (1977), p. 539-547.

19. Ogura N., " Molecular Weight Fractionation of Dissolved Organic Matter in Coastal Seawater by Ultrafiltration." Marine Biology 24,(1974),p.

305-312,

20. Thurman, E. M., R. L. Wershaw, R. L. Malcolm, and D. J. Pinckney,

" Molecular Size of Aquatic Humic Substances." Org. Geochem 4 (1982),

p. 27-35. ,

21. Lockhart, H. B. Jr. and R. V. Blakeley, " Aerobic Photodegradation of Fe(III)-(Ethylenedinitrilo-tetraacetate) (Ferric EDTA), Environ. Sci .

Technol . , ,9, (12), (1975), p.1035-1038.

22. Delegard, C. H., " Identity of the HEDTA Decomposition Product in Synthetic Hanford High-Level Wastes," Technical Report RH0-SD-RE-TI-062, 75

', Rockwell Hanford Operations (1983). l

23. Kirby, L. J. (Ed.).. "Research Program at Maxey Flats and Consideration of Other Shaliow Land Burial Sites," NUREG/CR-1832, National Techr.ical l

Information Service, Springfield, Virginia, (1981). l 1

24. Kirby, L. J. (Ed.), " Radionuclides Distributions and Migration Mechanisms at Shallow-Land Burial Sites: 1982 Annual Report of Research Investi-gations on the Distribution, Migration and Containment of Radionuclides .

at Maxey Flats, Kentucky," NUREG/CR-3607, National Technical Information

, Service,(pringfield, Virginia,(1984).

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ROUTING AND TRANSMITTAL SUP 3/25/66 TO: (Home, omco symbol, room number, building, Agency /Fost) Inttnah Date 1.

2.

3.

4.

8.

Action F6Le Approval Note and Return For Clearance Per Conversation As Requested for Correction Prepare Reply Circulate For Your Information See Me

_ Comment Investigate SJgnature Coordination Justify REMARKS Attached for your infomation and use is a reprint of research done at Maxey Flate and the N Trench at Hanford. It points out the role of organice (both natural and vaste derived) in mobilizing radionuotides.

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[ DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions FROM: ( g. symbol, Agency / Post) Room No -Bldg.

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Eduard O' Donne 2i Pnone No.

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7-4340 OPTIONAL FORM 41 (Rev, 7-76) o 2c ne

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' April:27, i'987 i J

Maxby Flat ~ Steering 1 Committee c/o Robert L. Gulley, Esquire ,

Hunton and Williams P. O.' Box 1535 Richmond, Virginia 23212 Re: Attendance at Steering Committee Activities by Newport News Shipbuilding and Dry Dock Company Representatives

Dear Robert:

The purpose of this letter is t espond to your request and to fulfill the Steering Committee's condition for allowing continued monitoring by Newport News Shipbuilding of the activities of the Steering Committee,. including the conduct of the RI/FS.

Since this Company has not received any direct response or direction from the U.S. Government as to its participation in Steering Committee activities as an ex-officio observer, it is in the interest of the Company and the Government as its contractual

' indemnitor for the Company to continue monitoring the Steering Committee's activities.

Therefore, it is this Company's" intent and understanding 1 that written and oral communications among Newport News Shipbuilding representatives, the Steering Committee and its members, entities participating ex-of ficio in Steering Committee activities, their consultants or their legal counsel, regarding any matters made the subject of the activities of the Steering Committee, including but not limited to, the conduct of the RI/FS, and any information compiled as work product of the parties, shall be held in confidence by the parties and shall not be disclosed, except as required by law, to any person other than a Steering Committee member or other entity participating ex-officio in Steering Committee activities, their legal counsel, or consultants, or any counsel.or consultant retained by the Steering Committee or its legal counsel. ,

This Company understands that information that is communicated in written or document form and is intended to be kept confidential may, but need not, be marked with a legend asserting confidentiality. If such information becomes the subject of a discovery request, a government agency information request, or an administrative or judicial order requiring disclosure of such information, the Company understands that the recipient of the order

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'- Maxey Flat Steering Committee April 27, 1987 Page 2 ,

-or. reg'uest will'endeav.or_.to'. notify the party.that. generated the

.information sd"that it will have' an opportunity to protect the'

- .c6nfidentialit.y of the ,information..;.-

This Company. un'derstarids t' hat an'y excha'nges of ' information or any disclosures among the Company, the Steering Committee.and its members,. entities' participating ex-officio, their consultants or legal co.unsel, shall not.be deemed a. waiver of the j attorney-client or attorney-work product privilege as to any person i not a member of the Steering Committee or not similarly participating ex-officio in Steering Committee activities and similarly agreeing to maintain the' confidentiality of information of the other parties.

Yours truly,

• MG Ann L. Pharr i Associate Counsel se ALP /az .

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) UNITED ST ATES ENVIRONMENTAL PROTECTION AGENCY 4.,

, ,jv# REGloN IV 345 COURTLAND STREET MAY I 91997 ^ " ^ " ' * - E0"C'^ "2" 4WD-ER ANN L. PHARR NEWPORT NEWS SHIPBUILDING LEGAL DEPARTMENT 4101 WASHINGTON AVE.

NEWPORT NEWS, VA 23607 RE: Maxey Flats Nuclear Disposal Site Fleming County, Kentucky

Dear Sir / Madame:

The United States Envircrvnental Protection Agency (EPA) has entered into an Administrative Order by Consent (Consent Order) with a steering ccanittee for the performance of the Remedial Investigation and Feasibility Study (RI/FS) at the Maxey Flats Site. A copy of that Consent Order is enclosed for your review. We ask that you review the Consent Order and consider participating in the RI/FS with the steering ocmnittee if you deem this to be in your best legal interests. The opportunity to execute the Consent Order for performance of the RI/FS is open until June 1,1987. ,

The above referenced Steering Ccmnittee, by the terms of its Participation Agreement, referenced by the Consent Order, does not define as a Member Entity any entity which sent wastes to the Site pursuant to or under a Federal government contract; provided, however, that such entity may be a Member Entity with regard to any wastes allegedly sent to the Site from any of its facilities not pursuant to or under a Federal government contract.

In addition to the above referenced steering ccanittee, EPA is aware of the formation of three additional steering comnittees. Enclosed is a list of the four steering comnittees with a contact point and a statement regarding the concerns which they represent. Again, please review the merits of the various steering ccanittees and if .it would be in your best legal interests to do so, consider joining one or more of the groups.

EPA is in the process of reviewing the numerous responses from the RI/PS notice letters. Many of you have claimed, for various reasons, that you have been incorrectly identified as a potentially responsible party (PRP).

I Because of the large nunber of parties involved and because each response must be individually reviewed, a final decision by EPA will take several nonths. Please be patient as we attenpt to rectify any errors which may have j

occurred.t Id. facilitate our efforts, we.have enclosed an updated mailing list.- Please review the notice which is included with the: list and respond l accordingly.

In addition, as you are aware the voltsnetric ranking which EPA provided with the notice letters will need considerable refinirg. As refinements are made, EPA will make those available to the PRPs. Again, this is a major undertaking and your patience will be appreciated.

) l i

i Please continue to direct your questions to either Mr. James F. r3ycott, l* Assistant Regional Counsel, at (404) 347-2641 or Mr. Harold W. Taylor, Enforcement Project Manager, at'(404) 347-2234.

Sincerel yours, l Patrick M. Tbbin .  !

J Director-Waste Managenent Division Enclosure cc: Mr. J. Alex Barber Division of Waste Management 0

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Newport News Shipbuilding 4,oi w. sn n u .nu, Qumco {

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. -WM 00CP.ET C'9Ti:0L CC Y June 3, 1987

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Supervisor of Shipbuilding '

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Conversion and Repair, U.S. Navy Newport News Shipbuilding d g #g{~~;~~~~~~~'

Newport News, Virginia 23607 7 7:{. . ,j,[

Subject:

Notification of Demand by The Environmental Protection Agency--Maxey Flat Low Level Radioactive Contamination Disposal Site, Morehead, Fleming County, Kentucky

References:

(a) Newport News Shipbuilding Letter Dated December 19, 1987 (b) Newport News Shipbuilding Letter Dated January 23, 1987 (c) Newport News Shipbuilding Letter Dated

• March 3, 1987 (d) Department of Navy Letter Dated April 23, 1987 Gentlemen:

As discussed in previous letters, referenced above, this Company has received notice from the EPA that it is a potentially responsible party (PRP) for costs related to the investigation and remedial action planned by the EPA for the cleanup of the subject disposal site. A copy of such notice is attached.

The Company has received a subsequent letter from EPA, l

I dated May 19, 1987, inviting participation in the Consent Order and suggesting membership in a steering committee. A copy is attached.

Having received no direction from the Government concerning the earlier opportunities to participate in the Consent Order and the Maxey Flat Steering Committee, except for the representations by Government personnel to the Steering Committee that Government contractors are to be excluded from the RI/FS, NNS has not executed either agreement. ,

Also, although ne notice was received from EPA with regard to Nuclear Service and Construction Company (NSC), this former subsidiary of Newport News Shipbuilding was listed as a l - _ _ _ _ _ _ - _ _ _ _ _ _ _ - _ _ _ -

1

. l Contracting Officer June 3, 1987 i Page 2 - j.

de minimis potentially responsible party in an attachment to the EPA notice. NSC, which is no longer in existence, operated as a j subcontractor of Westinghouse, General Electric, Combus. tion Engineering and other doe and DoD contractors.  !

Newport News Shipbuilding (NNS) has previously advised the Government of this matter through its local Contracting Officer '

of the U.S. Navy, by references (a), (b), and (c) and has, from time-to-time, provided status reports in discussions with that ,

office. As of this date, the Company has received no direction f rom the Government regarding its ex-officio participation in the Steering c 'mittee activities, but has received acknowledgement of its lett s E. a letter dated April 23, 1987.from the Department of  !

the Navy, . --d by William E. Manson, Assistant Division Director, Shipbuildi Overhaul Purchase Division, reference (d) above, copy r eta: This letter is to inform ycu of the status of the matter.

RectLa _

Retrieval and Contracts Matters Paragraph (4) of reference (d) requests information concerning contracts under which low level radioactive wastes were shipped to Maxey Flat. NNS is currently reviewing its records, but given the time period involved (years 1963 through 1977) all possible contracts which could be involved may not have been identified thus far. Further, despite repeated requests since January 1987, only a portion of the records held by EPA relating to disposition of such waste have been made'available for review by the Company. Our review indicates that the materials shipped from NNS and NSC and disposed at the Maxey Flah site were related exclusively te the Navy Nuclear Program. The review further indicates that these materials were handled.in the performance of contracts which are covered by indemnification by the United States for the costs and liabilities which may grow out of this EPA initiative. Ruch indemnification by the United States may arise l

from one or more of the following:

1. indemnification under Price-Anderson; l

2. indemnification under Public Law 85-804;

3. indemnification under Section 10, Part 7 of the Armed Services Procurement l Regulation;

4. indemnification under the Second War Powers Act;

5. indemnification under Department of Energy contract provisions, variously titled

Contracting Officer June ~3, 1987 Page 3 ,

" Litigations and Claims" and " Allowable Costs and Fees;"

6. indemnification under DepartmentJof-Defense contract clauses, variously titled

" Insurance - Liability to Third Persons" and " Allowable Cost, Fixed Fee and Payment;"

7. indemnification, stated or implied, based on the use of government-furnished property and materials.

1 Steering Committee As described in our previous letters, representatives of the Company have been meeting with other PRPs which have formed a Steering Committee and have agreed to conduct the Remedial Investigation / Feasibility Study (RI/FS). Representatives of the Department of Defense and Department of Energy have also met with this Committee and with the EPA. EPA has issued a consent order to this effect, dated March 24, 1987. The Steering Committee reached its agreement with the EPA on the following' basis:

• Based on understandings reached between the Department of the Navy (on behalf of DoD and doe), EPA, and the Steering Committee, and the letter of intent provided by the Navy on February 26, 1987, the Steering Committee submitted a proposal to the EPA to conduct the RI/FS without participation of Government contractors. Government

. contractors are those PRPs identified as generating waste under Government programs, including NNS.

l

• The Department of the Navy (on behalf of DoD and doe) has executed an agreement with the Steering Committee dated March .

23, 1987, in which it agrees to participate financially in the RI/FS.

• The Department of the Navy (on behalf of DoD and doe) in its March 23, 1987 document, states that its financial participation does not represent any acceptance of or statement as to the claims for indemnification by Government contractors.

Contracting Officer June 3, 1987 Page 4 Government. contractors have been given the opportunity to participate in technical and other advisory committees without formally adopting the Steering Committee's Participation Agreement and consent order with the EPA.

As a result of the above-described actions of.the Department of the Navy on behalf of DoD and doe, culminating in its agreement of March 23, 1987 with the Steering Committee, NNS has been excluded from the Maxey Flat Steering Committee. The Company is concerned about its exclusion from the Committee and the lack of direction from the Government concerning the Company's attendance at and participation in Steering Committee activities.

NNS has been requested to participate in an unofficial manner on the technical and allocation committees advising the Steering Committee. We believe our participation will help minimize the costs and liabilities arising at of the EPA initiative. As a condition to this participation, NNS was asked by the Steering Committee to respect the confidentiality of information shared by committee participants during performance of this study. Since such action may also minimize the costs and liabilities arising out of this matter, NNS agreed by letter to the Steering Committee on April 28, 1987. A copy is attached.

Request for Direction i i

NNS again requests direction from the Department of the I Navy's Contracting Officer as to the conduct of the Company with i respect to execution of the EPA Consent Order and to continued l participation in the advisory groups to,the Steering Committee, on i

an ex-officio basis.

In view of the foregoing (and not withstanding our earlier tender to the Department of Defense), we tendered to the Department of Energy the entire matter represented in the EPA notice, attached hereto. A copy of the response, recently received, is attached.

The Attorney General is entitled to assume control and responsibility of this matter in accordance with 28 USC S 514, et seg. Notice and tender of this matter was made to the Department of Justice. The response, recently received, is attached.

Also, we have notified the Nuclear Regulatory Commission of this matter.

Actions taken prior to receipt of such direction are not intended to constitute a waiver of our contract or legal rights.

h L '.

Contracting Officer June 3, 1987

~ Page 5 ,,

' This Company is available and ready to meet with representatives of c the respective agencies to discuss this matter in detail at an'y time.

Very truly yours, NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY '

f  !

Paul S. Williams Director, Contract Administration Attachments c: The Honorable James H. Webb, Jr.

Secretary of the Navy The Pentagon - 4E686 Washington, D.C. 20350 The Honorable John S. Herrington Secretary, Department of Energy  ;

Forrestal Building 1000 Independence Avenue, S.W.

Washington, D.C. 20585 The Honorable Edwin Meese, III Attorney General of the United States Department of Justice Room 5111 10th Street and Constitution Ave., N.W.

Washington, D.C. 20530 Richard M. Cornelius, Esquire Office of the General Counsel of the Navy 10th Floor, CP-6 Washington, D.C. 20360 Colonel David R. Brown Executive Secretary Room 3E-880 Department of Defense ,

The Pentagon Washington, D.C. 20301

i e, Contracting Officer June 3, 1987 Page 6 ,,

c: Director of Nuclear Material Safety and Standards

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. William E. Manson Assistant. Division Director Shipbuilding & Overhaul' Purchase Division .  !

Department of the Navy .

Naval Sea Systems Command , i Washington, D.C. 20362-5101 i l

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