ML20236S391

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Submits Answers to Questions Re Amax.List of Amax Issues Also Encl
ML20236S391
Person / Time
Issue date: 02/25/1992
From: Swift J
NRC
To: Emeigh C
NRC
Shared Package
ML20236Q363 List:
References
FOIA-98-110 NUDOCS 9807240302
Download: ML20236S391 (6)
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February 25, 1992 t

Note to Chuck Emeigh 4

Subject:

Anzwers to Questions on AMAX Question 1. What is the estimated dose to the public from this proposed action?

Answer 1. None. The same oversight actions ere necessary irrespective of who has authority over the site.

. Question 2. What is the status of the agreement for the local government to act as NRC's agent for maintenance?

Answer 2. The agreement reamins only a draft; where "NRC" l appears in the agreement, " DOE" would be l substituted. After DOE takes custody of the site, '

the NRC will terminate AMAX*s license and will cease to have any involvement with the site. DOE may execute the draft agreement, if it so chooses.

The NRC staff concluded that the form of the arrangements proposed is adequate, and the amounts  ;

of money to be paid by AMAX (and agreed to by AMAX in its letter of July 29, 1991) are sufficient.

Question 3. What is the relationship of this site to the SDMP7

... and to the EPA 7 i

Answer 3. When the DSMP list of sites was compiled, this site was put on the list even though it is a poor fit, in that the site reclamation work was completed in 1982. The NRC staff has simply not

. vigorously pursued the procedures to get the site transferred to DOE, until the site was SDMP listed.

The.U. S. EPA has not been directly involved with this site. No RCRA-listed wastes, other than the licensed radioactive materials and the pyrophoric zirconium sponge, have been identified on this site. The licensee has esserted that this site is exempt from RCRA, and this assertion has not been challenged. (This does not exempt the site from future action due to future contamination by i the activities of others.) The pyrophoric

! zirconium sponge is contained within the same I. disposal. cell which contains the radioactive l wastes.

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i AMAX ISSUES DOE concerns: (memo of 23 Feb 90 - docketed) 1.

The trust fund does not include costs associated with major corrective action. -

2. Hydrological information in the file is not sufficient to evaluate conditions at the site, such as,
a. incomplete data.on monitoring wells,
b. no discussion of hydraulic gradients,
c. no rationale for the location of wells,
d. no attempt to sample wells at correct season, j e. contaminants, if any, in groundwater are unknown.
3. The records documenting site construction are not up to today's standards. Missing information includess
a. quality control records concerning the cap materials,
b. cap compaction tests,
c. hydraulic. conductivity tests, ,
d. infiltration tests,
e. {

erosion protection plans, or '

f. redon emanation tests.
4. The dollar amount of the trust was not specified, so its adequacy cannot be determined. (A DOE contractor is preparing an estimate of routine site maintenance costs. )

(Note: Amax provided this information to NRC by letter of 12 Feb 90)

NRC Actions:

1.-

Determine whether the trust fund should include corrective action costs. I I

2. a. Confer with NRC hydrologist to determine if I L we should agree with DOE's complaints.
b. Ask licensee if they can provide the information that is still needed. i l

l 3. Same steps as 2.

i

4. The dollar amount of the trust has been specifind now.

!' Do we think it is adequate? ,

AMAX HISTORY

1. Originally used by Carborundum Co. to produce high quality zirconium uetal for the Navy's nuclear program.
2. Startup was in 1957.
3. Radioactive material came on the site in the form of Nigerian zirconium are that also contained high concentrations of Th (up to 8%) and U (0.2%).
4. The Nigerian ore was processed in 1961 and 1962.
5. Amax Inc. became sole owner of the site in 1967, af ter joint ownership with Carborundum from 1965.
6. Until 1968, leftover ore and processing residues were stored in drums on the site.
7. Approx. 3000 drums were sent to Maxey Flats in 1968.
8. From 1974, Amax had a license to conduct lab-scale tests on zirconium ore containing less than 0.5% total U and Th.
9. Amax completed the testing in 1975, and shipped away all ores and residues.
10. In 1977, in connection with license termination, NRC found contaminated soil associated with the old Nigerian ores. 70 drums of soil were collected and shipped off.
11. Also in 1977, the property was sold for use as a pipe manufacturing plant.
12. During construction of the pipe plant, pyrophoric mater.ial q was encountered. Amax repurchased the site. {
13. By 1979, part of the site had been determined to be free from any form of contamination, and Amax leased that part to the

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l pipe plant.

14. A 1980 survey (by whom?) showed that gamma levels over one {

j quarter of the survey area (of 20 acres) were 2-10 times '

background.

15. Amax proposed to stabilize the site by gathering the contami-nated soil and rubble, and making a low mound out of it, covered with a clay cap.
16. NRC wrote an EIA on the subject in April 1982.

17 A " negative declaration" was published in the Fed Rea in May 1982.

18. A new Part 40 license was issued in June 1982.
19. Contaminated soil and rubble were placed in an " engineered l

I waste cell" in Ncv. 1982.

20. Under a provision of the Nuclear Waste Policy Act (Section 151c) of 1982, the cell is to be turned over to DOE.
21. All of the site except for the stabilization area was ' released i for unrestricted use in March 1987. A short EA was written  !

to justify this, recommending a restrictive covenant.

g 22. Such a covenant was prepared by Amax and submitted to NRC in

( June 1987.

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  • I LEGISLATIVE INSTRUCTIONS FOR AMAX l

Nuclear Waste Policy Act (P.L.97-425. 1982)

Subtitle D. Section 15.J.

...the Secretary, upon request of the owner of the site involved, shall assume title and custody of such waste and the land on which it is disposed when such site has been decontaminated and stabilized in accordance with the requirements established by the Commission and when such owner has made adequate financial arrangements approved by the Commission for the long-term maintenance and monitoring of such site.

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