ML20238F057
| ML20238F057 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1998 |
| From: | Racquel Powell NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ferraro D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20238F060 | List: |
| References | |
| FOIA-98-204 NUDOCS 9809030077 | |
| Download: ML20238F057 (2) | |
Text
_
'NRC FORM 464 P rtI
(
U.S. NUCLEAR REGULATORY COMMISSION 1-UIAll'A r EsPoNsE NUMBER Q
m'e>
p5'"% h^ h 98-204 2
i RESPONSE TO FREEDOM OF E
(
)
INFORMATION ACT(FOlA)/ PRIVACY
RESPONSE
ACT (PA) REQUEST TYPE Y-A' REQutSTER.
DATE Mr. Donald P. Ferraro KDG 2 71998 I
PART l. -INFORMATION RELEASED j
f] No additional agency records subject to the request have been located.
Requested records are available through another public distribution program. See Comments section.
E ' APPENDICES Agency records subject to the request that are identified in the listed appendices are already available for public inspection and copying at the NRC Public Document Room.
'APPENotCEs~ Agency records subject to the request that are identified in the listed appendices are being made available for C
public inspection and copying at the NRC Public Document Room.
Encios~elis information on how you may obtain access to and the charges for copying records located at the NRC Public
~
m Document Room,2120 L Street, NW, Washington, DC.
'APPENDICEf '
Agency records subject to the request are enclosed, C
y- - referred to that agency (see comments section) for a disclosure determination and direct re We are continuing to process your request.
See Comments.
PART l.A - FEES AMOUNT * ~
You will be billed by NRC for the amount listed.
None. Minimum fee threshold not met.
186.38 You will receive a refund for the amount listed.
Fees waived.
.s,eegp?s' PART 1.8 -INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE
] No agency records subject to the request have been located.
Certain information in the requested records is being withheld from disclosure pursuant to the exemptions described in and for the reasons stated in Part 11.
~~
This determination may be appealed within 30 days by writing to the FOIA/PA Officer, U.S. Nuclear Regulatory Commission,
- Washington, DC 205$5-0001. Clearly state on the envelope and in the letter that it is a "FOIA/PA Appeal."
PART l.C COMMENTS (Use attached Comments continuation page if required)
Records have been referred to the Environmental Protection Agency for direct response to you. The fees for the processing of your request are:
2 hrs. prof. search @ $35.67 per hr.
$ 71.34
=
I hr. prof review @ $35.67 per hr.
35.67
=
phk]
j I hr. clerical search @ $17.39 per hr.
17.39 2 hrs. clerical review @ $17.39 per hr.
34.78
=
Duplication - 136 pgs. @ $0.20 per pg. -
27.20
)
)
l Total
$186.38 9
wNaiuse. m.eqoy of mo u4aaN acmD mvacuu omus gu.. t.. n.. r
)
9909030077 990827 l
PDR FOIA FERRARO98-204 PDR NRC FORM 464 Part 1 (6-1998)
PRINTED ON RECYCLED PAPER This form was designed usmg informs m___._________________-_______
J
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Re: FOlA-98-204 APPENDIX C RECORDS BEING RELEASED IN THEIR ENTIRETY IEL DATE DESCRIPTION /(PAGE COUNT) 1.
02/06/98 Memorandum from C. Spadaro/R. Woods to J. Woodcock /K. Miller, CEC (9 pages) 2.
2/10/98 Ltr fm Civil ~& Envir. Consultants to R. Woods, (2 pages) 3.
02/10/98 Ltr fr6m B. Koh, President, B. Koh& Associates, Inc. to J. A. Dodd, f.
EPA (8 pages) 4.
02/18/98 Ltr from C. Kee, RSO to K. Miller, VP, CEO, Inc. (1 page)'
5.
02/24/98 Ltr from Civil & Environmental Consultants, Inc. to J. A. Dodd, EPA (7
'pages)
' 6.
02/26/98 Ltr from Civil & Environmental Consultants, f ac. to J. A. Dodd, EPA (1 page)
- 7.
02/26/98 Memorandum from J. Woodcock /K. Miller to Metcoa Executive Committee (10 pages) 1-8.
02/27/98-
' Memorandum from K. Miller, CEC / B. Koh, B. Koh& Associates to P.
. McCubbins, DOJ / B. Field, EPA (12 pages)
. 9.
03/02/98 Memorandum from K. Miller, CEC to M. Roberts, NRC (1 page) r l-1_0.. 03/17/98 Ltr from Civil & Environmental Consultants, Inc. to J. A. Dodd (34 pages) l~
l1. : 04/20/98 Ltr from Civil & Environmental Consultants, Inc. to J. A. Dodd (21 pages)
L 12.
04/21/98-
. Ltr from J. R. Egan, Egan & Associates, P.C. to F. Cameron, NRC (8 Pages) l
.: 1 3.
05/05/98 Note from S. C. Wu to J. Hickey (2 pages) l.
14.
No date Facility Profile (16 pages) l I
i
FROM LFDCB a b, s 6. i o r e eoa.,
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EGAN & ASSOCIATES, PC.
Comulars atLaw l
mus.900NStreet,N.W 2
eren. c.c.200n i nispaww(son 6d.t 9200 May 14,1998 M'
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gg, gag POIA/LPDkBranch Wh U.S.NusiesrRegulatoryI'emmasasian l
Mai!StopTEDS Wasinngton,DC 20555 0001 Re Frandam afInkrmation Ad Raquest
DearMr.Powell:
Persuant to the Freedom ofinformation Act (5 U.B.C. I 552) and the U.S. Nuolent Reguishey ('e==minalaa ("NRC") regul=*=a (10 C.P.RJ Part 9, Subpart A), please provide copies of tocords' pertaining to the following:
A, and.n r.oads est a=
. afer, or r.ine to!th. MBTCOA alt in Puluki, i.
P esyivenia, inoloding, without Hmitmions, d e.. ::;C+ to or aan Envkoosse of Utah and/or its afBlistes, since Patn;uary 1,1998; and Any and alt aocords that discuss, refer, or relate tof the disposal of MR1 C 2.
including, without limitations, all correspondence;to or torn Envirocere of Utah and/or its mMilimina, since Pobruary 1,1998, 11m s:~aW records should include thoM evauable at anyNRC ofBoe, including br'; m and Region I. To the degree the anyorallofthe above-8 " Records" sneens any and all printed or writtenmaterials regardless of fann or
% inotedins but not limited to repets, menwrenda,e e ce e, s*=*====, studia, spreadshems, charts, srephs, agendas audines, mmunsda,noem, nobbooks, r;'r and/or tol oonf=ence conve* loss, ormeming minuta, a wen as any and an.ound moordinsi, videotapw, compu,ter dism, or photographs. See also 10 C.P.R., f 9.13.
l tjMm wx 4y
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..:.. x a
i EGAN & ASSOCIATES, RC.
we,.uy ur.anmur en May 14,'1993 Page2 requested records are aheedy publicly avail 6le and rend (ky retrievable Wamb% D.C. area, please psovide a list of such records with the appropriate refuences16 faaniene requisition.
l If any or all of this sequest is denied, please cite thle spool 6c susem supposedlyjustify the sofheal to publicly release the reca ds, and infbnn ine of any appeal proceduses available under the law. PineDy, please advits une of the costs involved in obtaining these neoords if such costs are esthasted to exam $500.
If you need any fbetbar information to process thid request, plead do not h to osti nais at(202)663-9200.
j Sincerely, f
Donald P.Perono i
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EGAN & ASSOCIATES, RC.
w,,.u ur.amenrowen May 14,'1998 Page 2 requested teoords are aheady publicly available and readhy istrievable W
D.C. area, please povide a list of such records with the appropriate h
facilitato nogalattion.
l If any or an of this request is denied, please cite tk a spool 6c exemption (s) that l
supposedlyjustify the refheal to publicly release the rocoes,andinibanene of any appeal l
procedoes pvallable under the law. PineDy, plosse advisame ofthe costsinwdvedin obenlahts these vooonis if seoh oosts eso esthnsted to exand $500.
l
~
If you nood any further information to process thid tequest, please do not hesitate to ca11 the at(202) 663-9200.
j Sincerely, M h*s w Donald P.Perome i
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(_
lo MEMORANDUM l
To:
Carl Spadaro, DEP Og l
Roy Woods, DEP From:
Jeff Woodcock and Ken Miller, CEC 87I
- Wor,
/999 Date:
February 6,1998
/pb.,
/q.p,,f%g N
/
l
Subject:
Request for Approval to Dispose of Soil Stockpile Metcoa Site CEC 97187.0012 The purpose of this memorandum is to present information to support a request for approval from the Department for the disposal of a stockpile of soil excavated from the Metcoa site. We are requesting this approval because the stockpile was developed l
prior to our meeting on January 21,1998 and does not strictly satisfy the disposal approval criteria agreed to at the meeting.
i l
During the meeting on January 21, 1998, the Department agreed that materials excavated from the Metcoa site can be disposed of at Mill Service if the 95% upper l
confidence limit on the mean (UCLM) of the stockpile developed for offsite shipment i
l and disposal based on a normal distribution was less than the Nuclear Regulatory Commission (NRC) established criteria for free release which is 10 pCi/g. In addition, it was agreed that the material composited to generate large stockpiles to facilitate shipment would not have thorium concentrations greater than 20 pCi/g. As a review, soils at the Metcoa site are being excavated and tested in one to two cubic yard stockpiles to evaluate the thorium concentration and hazardous characteristics of each l
small stockpile.
Small stockpiles of similar material characteristics are then composited into larger stockpiles to facilitate offsite shipment and disposal.
t i
f 1
di
Memorandum E
)
ar Page 2 At the meeting, we indicated that there was a stockpile that had been developed in late i
1997 that had two 1 cubic yard stockpiles in it that exceeded the 20 pCi/g criteria. At q
tl'e meeting there was concern expressed that both I cubic yard stockpiles with thorium concentrations exceeding 20 pCi/g could end up in the same shipment and cause a load to exceed the 10 pCi/g criteria. The remainder of this memorandum discusses the very low probability of such an occurrence.
The following presents information on the stockpile ofinterest:
Composed of 137 smaller stockpiles Mean thorium concentration,5.31 pCi/g Standard deviation, 4.90 pCi/g 95% UCLM,6.01 pCi/g Although the 95% UCLM thorium concentration for the stockpde would be acceptable for disposal at Mil! Service, it does contain two one cubic yard stockpiles that have thorium concentrations greater than 20 pCi/g. Those two stockpiles have thorium concentrations of 35.4 and 26.3 pCi/g. A spreadsheet presenting the data on the smaller stockpiles that compose the large stockpile is included as Attachment 1.
CEC evaluated the probability of both of the stockpiles with thorium concentrations exceeding 20 pCi/g ending up in the same truckload of material being shipped to Mill Service. Our evaluation is based on the placement of 17 of the smaller stockpiles into a truckload being shipped to Mill Service. This is the average number of smaller stockpiles that have been loaded into the trucks for the first 700 tons of material disposed of at Mill Service. Our evaluation indicates that the probability of the two l
l
Memorandum E ar
.s Page 3 stockpiles of concern being in the same truckload would be about 1 in 69, or 1.5%. The calculation of this probability is presented in Attachment 2 (Calculation I).
With the two stockpiles of concern specified to be in one truckload, the characteristics and statistics for the remaining large stockpile are presented in Attachment 2, and are as follows:
Composed of 135 stockpiles Mean Thorium Concentration,4.94 pCi/g Standard Deviation,3.78 pCi/g 95% UCLM,5.48 pCi/g CEC then estimated what would be the likely thorium concentration of a truckload of material that included the two stockpiles of concern. This was estimated by assuming that the 17 small stockpiles in a truckload would be composed of the two stockpiles of concern and 15 stockpiles with thoriun concentrations equal to the 95% UCLM. The results of this evaluation indicates that the likely concentration of such a truckload would be about 8.0 pCi/g, which is below the 10 pCi/g criteria. The calculation of this concentration is included in Attachment 2 (Calculation II). The probability of a load exceeding this concentration is about one in 1,370, or 0.07%. See Attachment 2, Calculation III.
CEC further evaluated what the probability of the mean of the other 15 smaller I
stockpiles composing the larger stockpile would need to be to result in a truckload of soil with a thorium concentration equal to 10 pCi/g that also included the two stockpiles of concern. The calculations indicate that the mean thorium concentration of the 15 other smaller stockpiles would need to be 7.2 pCi/g and that the probability 1
L_______________-___
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/CliK/
that the truckload would exceed 10 pCi/g is much less than one in 13,700, or 0.007%.
See Calculations IV and V in Attachment 2.
These calculations indicate that there is a very low chance of both stockpiles of concern being shipped in the same truckload, and an even lower probability that the resulting thorium concentration in that truckload would exceed the 10 pCi/g criteria. Further reducing concerns that such a load would exceed the 10 pCi/g criteria is the fact that the individual smauer stockpiles become somewhat-homogenized - during the compositing process to generate the larger stockpiles prior to shipment. As a result, the individual thorium concentration and identity of each smaller stockpile is lost in
- the compositing process. The statistical calculations conservatively assumed that the integrity of the small piles remained intact.
It is our opinion that the risk associated with the transport and disposal of this materialis very small and request DEP approve its disposal at Mill Service. CEC is confident that the truckloads sent to Mill Service will be less than 10 pCi/g thorium under reasonably platisible scenarios for loading of the trucks. Please call with any questions, cc:
Jeff Dodd, EPA Howard J. Wein, Esquire, Klett, Lieber, Rooney & Schorling
. Hank Springer, MAX Environmental Tom Joyner, OHM Remediation M.97187.F5/1 l
l
Bulk Pile 4 Thorium Stock Pile # Thorium Stock Pile # Thorium Total Piles -
137
'l 4.83 112 3.55 436 1.80 2
3.64 113 7.40 459 0.94 Average -
5.31 4
4.56 115.
9.56 486 19.00 3.25 116 1.96 488 26.30 STDEV-4.90 6
3.90 -
129 11.85 492 14.17 8
7.89 130 5.20 494 17.33
'95%
1.657 10 4.15 131 5.98 495 6.34 11 3.32 132 9.25 545 2.24 UCLM -
6.01 12 2.59 133 -
9.84 546' l.67 13 3.23 142 5.31 547 4.15 14 4.97 143 3.57 548 1.52 15 3.50 144 4.31 549 1.23 16 6.91 145 9.28 550 1.52 17 3.00 146 1.64 551 1.21 18 5.%
147 0.68 552 1.38 20 1.28 150 1.84 553 0.98 21 1.99 151 15.73 554 1.69 29 5.16 152 2.72 555 1.46 30 9.92 153 2.70 556 19.72 31 1.13 154 2.28 557.
0.84 32 4.10 155 1.08 558 1.20 35 4.58 156 7.53 560 2.20 38 5.43 157 1.91 564 8.84 39 3.25 158 3.41
'565 9.82 70 8.61
'162 4.29 566 3.44 71 9.94 169 3.17 627 5.30 75 1.25 174 3.69 629 8.72 76 1.57 175 6.04 634 4.10 77
-1.31 176-2.80 635 7.35 80 1.95 177 9.89 642 5.28 81 1.93 178 5.13 646 2.97 82 6.17 182 4.48 653 6.92 84 5.40 185 6.85 655 4.21 85 8.55 186 2.11 656 3.09 86 3.11 187 0.97 657 8.62 87 1.35 195 3.02 665 14.84 91 3.42 196 1.66 668 3.43 92.
5.59 199 35.40 669 5.08
-95 4.49 200 7.65 671 3.48 96 3.19 211.
9.50 676 2.83 97 4.86 232 7.25 677 2.21 98 15.73 291 4.37 99 3.73 432 2.05
[
100 4.08 433-4.29 101 5.74 434~
2.76 l
102 3.57
{
103 2.32
[
104 6.51
'108-8.04 109 4.11 110 3.57
Bulk Pile 4 Thorium Stock Pile # Thorium Stock Pile # Thorium Total Piles -
135 1
4.83 112 3.55 436 1.80 2
3.64 113 7.40 459 0.94 Average -
4.94 4
4.56 115 9.56 486 19.00 5
3.25 116 1.96 488 STDEV -
3.78 6
3.90 129 11.85 492 14.17 8
7.89 130 5.20 494 17.33
'95%
1.687 10 4.15 131 5.98 495 6.34 11 3.32 132 9.25 545 2.24 UCLM -
5.48 12 2.59 133 9.84 546 1.67 13 3.23 142 5.31 547 4.15 14 4.97 143 3.57 548 1.52 15 3.50 144 4.31 549 1.23 16 6.91 145 9.28 550 1.52 17 3.00 146 1.64-551 1.21 18 5.96 147 0.68 552 1.38 20 1.28 150 1.84 553 0.98 21 1.99 151 15.73 554 1.69 29 5.16 152 2.72 555 1.46 30 9.92 153 2.70 556 19.72 31 1.13 154 2.28 557 0.84 32 4.10 155 1.08 558 1.20 35 4.58 156 7.53 560 2.20 38 5.43 157 1.91 564 8.84 39 3.25 158 3.41 565 9.82 70 8.61 162 4.29 566 3.44 71 9.94 169 3.17 627 5.30 75 1.25 174 3.69 629 8.72 76 1,57 175 6.04 634 4.10 77 1.31 176 2.80 635 7.35 80 1.95 177 9.89 642 5.28 81 1.93 178 5.13 646 2.97 82 6.17 182 4.48 653 6.92 84 5.40 185 6.85 655 4.21 85 8.55 186 2.11 656 3.09 86 3.11 187 0.9'/
657 8.62 87 1.35 195 3 02 665 14.84 91 3.42 196 1.66 668 3.43 92 5.59 199 669 5.08 95 4.49 200 7.65 671 3.48 96 3.19 211 9.50 676 2.83 97 4.86 232 7.25 677 2.21 98 15.73 291 4.37 99 3.73 432 2.05 100 4.08 433 4.29 101 5.74 434 2.76 102 3.57 103 2.32 104 6.51 108 8.04 109 4.11 110 3.S7
l ATTACHMENT 2 CALCULATIONS L
PROBABILITY OF BOTH LOADS OF CONCERN BEING IN SAME TRUCKLOAD
Reference:
Introduction Into Probability and Statistics. Freeman.
A.
Number of Possible Combinations of 137 Small Stockpiles Going Into 17 Cubic Yard Load Use equation 5-13 of reference n = number of small stockpiles (137) r = number of stockpiles in a truckload (17) c = number of combinations c = n!/[r!(n-r)!] = 137!/[17!(137-17)!] = 2.11 x 10 '
2 B.
Number of Possible Combinations with Two Stockpiles of Concern The number of small stockpiles (n) available is reduced from 137 to 135 to account for the two stockpiles of concern already in the truckload.
The number of stockpiles going into each truckload (r) is reduced by two to account for the two stockpiles of concern already in the truckload.
n = number of small stockpiles (135) r = number of stockpiles in a truckload (15) c = number of combinations c = n!/[r!(n r)!] = 135!/[15!(13515)!] = 3.08 x 10 28 C.
Probability of Con:binations of Two Stockpiles in a Truckload Probability = Number of Combinations with Two Stockpiles of Concern Number of Total Combinations Probability = 3.08 x 10'S/ 2.11 x 1022 = 0.0146, or 1 in 69 l
l L
t -
II.
CALCULATION OF EXPECTED CONCENTRATION OF THORIUM IN TRUCKLOAD WITH TWO STOCKPILES OF CONCERN Estimate the weighted average concentration of a truckload with the two stockpiles of concern and the remainder of the truckload containing soil with a thorium concentration equal to the 95% UCLM of 6.01 pCi/g (see Attachment 1).
Th = (35.4)(1 nile)+(26.3)(1 nile) + (15 niles)(4.9) 17 piles Th = 8.0 pCi/g III.
PROBABILITY OF CONCENTRATION CALCULATED IN II BEING EXCEEDED Probability of 95% UCLM being exceeded for any truckload is 5% or
-(0.05).
Probability of both stockpiles of concern being in a truckload is 0.0146.
Probability of Exceedence = (0.0146)(0.05) = 0.00073, or one in 1,370.
IV.'
CALCULATION OF THORIUM CONCENTRATION NEEDED FOR WEIGHTED AVERAGE CONCENTRATION OF 10 pCi/g IN LOAD WITH TWO STOCKPILES OF CONCERN Estimate average thorium concentration of 15 stockpiles in the load with two stockpiles of concern so that the average load concentration is 10 pCi/g.
10 = (35.4)(1 nile)+(26.3)(1 nile)+(15 niles)(X) 17 piles X = (10)(17) - 35.4 - 26.3 l
l 15 X = 7.2 pCi/g V.
PROBABILITY THAT LOAD WITH TWO STOCKPILES OF CONCERN WILL EXCEED 10 pCi/g First estimate the t.= value that results in thorium concentration of l
i 7.22 pCi/g.
' Use the following quation to estimate the t value in the following equation:
p, = R + (t S,,1fn where:
,=
-% UCLM value (7.22 from Calculation IV)
.t=
is the percent confidence level obtained from reference. df (degrees of freedom)is n-1. a is the false positive probability,,
i.e., the probability that,is less than the guideline value if the true mean activity level is equal to the guideline value (solve for this value).
R=
is the calculated mean (4.94)
S, =
is the standard deviation (3.78) is th'e number ofindividual data points (135) n=-
Therefore, the, based on a "t" determined confidence level for the data provided in Attachment 2 is:
7.22 = 4.94 + (t 3.78)//135 t = 7.01 Using Table III, Statistical Tables for Biolocical. Agricultural. and Medical Research. Fisher & Yates, a t of 7.0 for n =135 would correspond to a probability much less than 0.005.
Probability of two stockpiles in same load previously calculated to be about 0.0146.
' Probability of Truck Load Exceeding 10 pCi/g Thorium
= (0.0146)(0.005) = much less than 0.000073, or much less than one in 13,700.
~ 97187CALAT2/1 t ; __
- L b
MEMORANDUM To:
Metcoa Executive Committee ~ ~
From:
Jeff Woodcock and Ken Miller Civil & Environmental Consultants, Inc. (CEC)
Date:
February 26,1998
Subject:
Revised Summary of Due Diligence Review of Waste Control Specialists Metcoa Site CEC Project 97187.0012 The purpose of this memorandum is to summarize the results of the due diligence activities performed by B. Koh & Associates (B. Koh) and CEC for the Waste Control Specialists L.L.C. (WCS), Windmill Hill facility in Andrews, Texas. WCS has been proposed as the facility that will be used to dispose of characteristically hazardous materials from the Metcoa site that have thorium concentrations greater than 10 pCi/g on average and less than 110 pCi/g on average (0.05% thorium by weight).
1.
B. Koh Activities: B. Koh & Associates (B. Koh) were tasked with evaluating the basis for WCS accepting and disposing of materials with thorium concentrations up to 110 pCi/g on average and WCS's operating procedures with respect to radiologicalissues. To support those evaluations, Barry Koh of B. Koh visited the WCS facility on February 5,1998. The results of Barry's site visit are summarized in his report included in Attachment A to this memorandum.
The site visit report describes the basis for acceptance of the materials from the Metcoa site and Barry's overview of facility operations. Barry found the waste acceptance criteria and the operations at WCS to be accepteble for disposal of
(
L the wastes.
The site visit report also noted that WCS needed to receive a sample of the I
waste to provide final waste acceptance. CEC shipped a samp'e of the Metcoa waste to WCS on February 12,1998 and received a letter from WCS providing l
final acceptance in February 18,1998. - A copy of that acceptance letter is included as Attachment B of this memorandum.
b
Memorandum Page 2 2.
CEC Activities: CEC was tasked to evaluate RCRA compliance issues at the WCS facility. CEC reviewed WCS's permit application and concluded that the landfillliner system exceeds RCRA double-liner requirements. Additionally, the Texas Natural Resource Conservation Commission (TNRCC) performed two inspections of this facility; the first, May 1 through 23,1997, and the second, October 28 and 29,1997. The information provided to CEC included the entire inspection report, for the May 1997 inspection, as well as the October 1997 inspection. Copies of the inspection summary letters are included as Attachments C and D. CEC reviewed the referenced information and concluded that TNRCC did not identify any significant concerns about site operations. As a result, CEC concludes WCS is acceptable to accept waste from the Metcoa site with respect to RCRA issues.
Additionally, CEC reviewed the bonding information for the facility and concludes that the bonding required by the TNRCC is in place. The current i
bond amount is about $5.6 million, which meets TNRCC requirements.
However, the bonding requirements for WCS ramp-up as the facility continues to operate and expand to a bond amount of about $31 million.
3.
Summarv: The results of the activities performed by B. Koh & CEC indicate the WCS facility is acceptable for disposal of the wastes from the Metcoa site.
i M 97187.F19/I l
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ATTACHMENT A B. KOH WCS VISIT REPORT l
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ATTACHMENT A B, KOH & ASSOCIATES, INC.
9199 RElsTERsTOWN ROAD, StlrtI til-C OwrNcs MILLS, MARYLAND 21117-4520 (410) 356-6612. FAX (410) 356-4213 Wednesday, February 11,1998 To: Kenneth R. Miller, CEC From: Barry Ko
Subject:
WCS Windmill Hill Facility - Site Visit On Thursday, February 5,1998, I visited the Waste Control Specialists (WCS) Windmill Hill Facility to determine its suitability to accept radioactively contaminated waste from the METCOA Project site. In addition, I gathered information and materials that should be helpful to CEC in its evaluation of the site from the standpoint of a RCRA permitted facility.
The WCS site is located in Andrews County, Texas, approximately 30 miles west of the town of Andrews. It is licensed to treat, store and dispose of RCRA and TOSCA waste and has been receiving waste since Febmary 1997. Under Texas regulations, naturally occurring radioactive materials (NORM), and radioactive source material are, under cenain circumstances, exempt from regulation as hazardous materials and may be disposed of at the WCS site when they are cormningled with non-hazardous or hazardous waste. The purpose of my visit was to confirm that the waste from the METCOA site was exempt from regulation and to determine the requirements for sampling, manifesting, etc., which would be required for disposal.
I met with the following WCS personnel:
Richard Grondin, Facility Manager Pat McCarl, Environmental Manager J. Carl Kee, Radiation Safety Officer David Kanya, Waste Acceptance Specialist
{
Carl Kee confirmed he had evaluated the sample results that had been submitted to WCS and concluded that the thorium contamination was exempt because its concentration in the mixture is less than.05% by weight, as provided for by Texas regulations. Mr. McCarl confirmed that the I
i i
i
cadmium contamination could be easily stabilized and that the waste was acceptable for disposal.
To date, no " radioactive" shipments have been received at the facility under the exemption.
however, approval has been granted for several.
WCS must still issue an acceptance letter to start the disposal process. To do this, WCS will need a sample of the waste to conduct a stabilization test and a copy of the CEC sampling plan and QC plan. WCS provided instructions for Submitting Profile Samples and a Cham of Custody Form. No additional aorroval is reauired from the state, although Mr. Kee stated that he could request confinnation from the Department of Health that the thorium contamination is exempt.
After the waste profile has been approved, shipments can begin. Pre-shipment approval is required, but this should not be an obstacle since the Windmill Hill Facility is still operating below design capacity. Shipments are made as hazardous waste shipments using the appropriate manifest and LDR fonns. Upon arrival, each container is sampled to confirm the concentration ofhazardous materials.
With regard to radiation levels, WCS must survey each container as it arrives and investigate any shipment that has a reading greater than twice background. The investigation consists of sampling the contents of the container to confirm that the concentration is below the exempt limit. If the radiation level is below twice background, no sampling for radioactive materials is required. I alerted WCS that it is likely that many containers would exceed twice background and there may be individual hot spots.
WCS stated that they had a laboratory QC plan, a Waste Acceptance Plan, a Radiation Control Plan, and an Environmental Monitoring Plan. There are no overall site Operating Procedures or QA Plan. WCS further stated that compliance with its permit was achieved through a system of checklists, reports and inspections.
The State of Texas has conducted two compliance audits and found no deficiencies. A copy of the May 1997, audit report and a copy of a letter reporting on the October 1997, audit was provided to me. Also, Alan Messinger of AM Environmental, conducted an intemal audit at the facility on January 27,1998. I requested that CEC be provided with a copy of Mr. Messinger's report when it is available.
In addition to our discussions, I toured the facility and observed the waste receipt, waste treatment, and waste disposal areas.
cc:
(w/o enclosures)
Paul Johnson James Dean l
JeffWoodcock
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Theodore G. Adams Howard Wein NWFME7 COA-2b 1
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ATTACHMENT B WCS ACCEPTANCE LETTER
WCS mme-s-s=
February 18,1998 Merena Site Settling Working Defendants Mr. Kammoth Miller Vice Pastaaet CBC,Inc.
C01 Holiday Dr. Rids 3 Pittsburgh, PA 15220 RE: Disposal ofHazardous Waste with an Exesnpt Radioactive Constituent WCS LLC, WindadB Hil1 Foollity, NW Permit No. 50358 EPA I.D. TXD9ss088464 Waste Profile No. WP-000454 DeerSir.
his le to indenn you that Waser Coaho! 3pcstatists LLC can accept Ibr disposal the w sulmsusd sat das Waste AcceptanceForm subautted on behalfof METCOA Site Se Defendants clo CEC,Inc.,601 Holiday Drive, Building 3, Pittsburgh, PA 15220 for A Cadmium and Radiametive Constituents. Pursuant to 40 CFR 264.12 (b) that We LLC has the wquired permit (s) r ci for the susptance, processing, and dispond of the submittad on the Waste Amephans Form (profile). The radioactive constituent will be rocci exempt source masenal under Part 40 of the regulations of the Texas Bureau ofRadiation Control.
The usata has beca assigned a waste ymh number %7-006458 and must be used on all manifests and w _, =' n reisted to this waste ativatu.
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~1his approval is valid fior one year and expires on 2-17 99.
Waste Control Specialists LLC is pleased to have the opportunity to psovid Jhel het to contact me at (885) 789-2783. waste managsmont services that y Slucctcly, Waste ControlSpedalists LLC m
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M 2.s VW' Richard Grondin catlXee Fasalty Manager -
Rr.diation Safety OfBcer 37WFShrwar fMSOU = F.O.Bem 19M = Poemdsen, Tomas met * (713)M4-8ste a Fes t733) M44 mew.scoedwer *
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9 ATTACHMENT C JUNE 1997 SITE INSPECTION LETTER h
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1 Barry R. McBee. Chairman R. B.
- Ralph
- Marques. Commluioner
.O' p-l John M. Baket. comminioner Den Pentsor Executin Director w
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Presenting Pollution June 11,1997 Pat McCarl Waste Control Specialist, LLC 1710 W. Broadway Andrews, Texas 79714 Re:
Was:e Control Specialists, LLC TNRCC Industrial Solid Waste Registration No. 50358 Hazardous Waste Permit No. 50358 EPA ID No. TXD988088464
Dear Mr. McCarl:
On May 21-23.1997, Mr Ralph Johnson and Sarah Bell of the Texas Natural Resource Conservation Commission (TNRCC) Region 7 office conducted an inspection of the subject facility. The inspection was conducted to determine the facility's compliance with applicable laws, regulations, and permit provisions pertaining to industrial solid waste management. No violations were noted during the inspection.
The Commission appreciates your assistance in this matter and your compliance efforts to ensure protection of the State's environment. If you have any questions regarding the inspection please contact Ralph Johnson of my staff at 915-570-1359.
Sincerely.
de Mike HaFan.
Waste Program Manager MH/RAJ ArnrTe REClON 7
- 3300 NORTH A Stattt. BLDC. 4. SUttt 107
- MIDLAND, TEXAS 797C54404
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512/231L1000
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ATTACHMENT D NOVEMBER 1997 SITE INSPECTION LETTER I
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R. 5, "Amiph* Marcus.' Cum e:.muner hhn M. Baker. Commissioner
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TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting 'rarat by Reducir.g er.d Pressnting Pollution Nrwemher 7.1o97 Pat McCarl, Environmental manager Waste Control Specialists, LLC 9998 W. Hwy.176 Andrews, Texas 79714.
Re: Waste Control Specialim,1.1C. Mantrions Weste Permit No 50358. TNRCC Reg. No. 50358, EPA
!D No. TXD98SOBt464 Dem Ms.'McCul.
On October 28 29,1997, a representative or our ottice conducted an inspection of the above-referenced facility to evaluate ecmpliance with applicable industrial solid waste, requirements. Dunng the ingw-tian.
no outstanding alleged violations were identified. Sotne cone:rns were noted. although not considered allegati violarians sr this dme.
During the in:pection c discussion regarding the identification of the leachate storage tanks clarified that the tanks would be appropriately illustrated as individual units rather than as directly part of the teachase treaunent system. Please une the acu xquence number under the section " Units at This Site Managing Waste' on your NOR for IDustracng the tants. The second issue concerned trle accumulanon or leacnate in the above-mentioned tanks. Please clarify this maner by implementing in your inspection record, an
" Intermittent Input" system that would better demonstrate to an inspector that the tanks are etaptied ev 90 days. Please advise the Midland Regional of6ce of any corrections to the above recommendations.
Piente tee the attached rnemos for yntir attierance.
We appreciate your efforts to comply voluntarily with the siste's environmental laws and regulations.
If you or mernbers of your starr have any q.iesilons regarding mese matien. please contact Mr.
' Johnson m our Midlano Regional O:tice at (913)S7tJ 1359.
L Sincerely, 6
be Cs b41. A I Michail Edrniston, P.E.
j Waste Peugtaus Metage P
Midland Regional Offlec ME/PJ Rar.t Tu: RaMun r
- 3300 Nvson A Sinaax. BuA. 4. Suar 1or
- Maa.up, Tm.s 79105-5404 arf.A C.3cr MS/579 iJsw ru wis/stu4m P o 1%u 13007 Austr. Tesu 78711Ns?
512/2st.1030
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.y MEMORANDUM To:
Patricia McCubbin, Esquire, DOJ Benjamin Fields, Esquire, EPA From:
Ken Miller, CEC Barry Koh, B. Koh & Associates Date:
February 27,1998
Subject:
Information Supporting Disposal ofMetcoa Wastes at WCS CEC Project 97187.0012 In accordance with our telephone conversation yesterday, attached are documents that support the acceptability of disposal of the Metcoa wastes at the Waste Control Specialists facility in Andrews, Texas. The documents include:
1.
- Part 40 of the Texas regulations that allow source and naturally occurring radioactive materials (NORM) to be exempt wastes. See Section 40.3(a).
2.
May 27,1997 letter from the Texas Natural Resource Conservation Commission (TNRCC) that indicates that the Texas Department of Health (TDH) concurs with the TNRCC that exempt wastes can be disposed of at WCS.
3.
September 11, 1997 news release that describes WCS's approval to accept exempt wastes at their facility. Also attached are the September 9,1997 letter from the TNRCC and the Class I Permit Modification that are cited in the news release.
4.
January 26,1998 letter from the TNRCC that indicates that the wastes from the Middlesex Municipal Landfill can be disposed of at WCS even though they contain trace levels of uranium, radium, and thorium. Also attached is the January 21,1998 letter from the TDH that is referenced in the January 26, 1998 letter from the TNRCC. The January 21,1998 letter indicates that materials from the Middlesex Municipal Landfill can be disposed of at WCS.
I We trust the attached information addresses your concerns about the disposal of the Metcoa wastes at WCS. Please callif you have any questions.
Howard J. Wein, Esquire, Klett Lieber Rooney & Schorling cc:
i.
M 97387.F27/I i
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4 PART 40 rM6MhTWML'NatPm 40.1 Samma and purposa This part provides for enempdons to lleensing requirements, general licensing of radioactive enaserial, and acknowledgment of general licenses. Except as otherwise authonsed, no person shan receive, possess, use, transfer, own, or
're radioactive material except as authorized ina license or generalliosass tissued pursuant to this part, of in a Messas issued pursuant to Parts 31, 41.
- 44. 45, or 46 of these rules.
40.2 Definitions As used in these rules, these terins have the definitions set forth below.
" General licenss' means an authorization granted pursuant to this
. Generallicenses pavvided in this are effeedvs without the Aling of acations with the Agency or theissuanca of documents to the particular persons. '!he genstal licensos is aubject e all other pardons of these rules and any limitanons of the,**
11annma.
" General 11aanse acknowledgement
- nsans a wriaan recognition of a generallleenas issued pursuant to this part. Generallicensa acimowledgements require the submission ofinn application so the Agency and the issuance of a writtan acknowledgement of a general hamnas grammed pursuant a this part. The holder of a general lleenas acknowledgement is sub est to allother portions of thans rules as well as any limiistions spanis edin the document.
EXEMPr!ONS 40.5 namnudans - sam-yanarial
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possesses, uses, or unasfers source matsrlal in any obemical mizana, Any person is anamps from this part and Part 41 of thans rules if that (a) cos= - a in whlah the sovres material is by woi pht less than 1/20'of fporcent soludon, or alley % taisture, norspound, solution, or su oy.
(0.05 pement) e 4
(b)
Any persea la esempt from this part and Part 41 of these rules if that person pomunass, uses, or sansform varanned and sa are contalains sourus psovided that, ascept as authorized in a licenas, such person sha!! not inflas or; l
proomss such ors. Tus enempelen does not apply en the raining of are containing source maserial.
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sarryR.Mssee, cAetmen R.R.itdph* Marques, comantuloner l
l John K Baker. Ossunfaloner usa uuman, becurtee Director TEXAS NATURAL RESOURCE CONSERVATION CO rasaiv r asauccaearn,anotaraus a I
I May 27,1997 l
Mr. Joseph R. Egan Egan & Associates, P.C.
Counsel for Waste Contml Specialists, LLC 2300 N. Street,NW Washington D.C. 20037
DearMr.Egan:
l This letter responds to your correspondence dated April 16, 1997, in clarification regarding disposal ofsoil containing naturally, occurring l
wast: at concentrations below the Texas Department ofHealth-(TDH) zules, Terne Contret of Radiation ( TRCR) Part 46 exemption limits at the Waste permitted Inndfill in Andrews County, In that correspondence, WCS prov weyyedng such disposal withour a fonnat permit amendment. These issues w between WCS and Texas Natural Resource Conservation Commissio on May 16,1997.
We agree that under the Memorandum of Understanding between the Te and the Texas Natural Resource Conservation Commission w sndence, exempt NORM waste is not regulated as a radioactive substance und y
i Radiation Control Act (TRCA) or the TRCR's. Tlius, ifthe soils are c
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from the cited NORM rules and if they have been vedfied to contain no oth i
substances subject to a radioactive materials license, then the soil is cla We caree rho WrK6telittv in Andrews Cmunty har rhn annranriate nermit in nine
. sad bs dour waste. Please be remiisded, however, that if the NORM waste f exemption criteria, It is regulated as a radioactive substance under the TRCA.
Further, e agree that, before accepting for disposal exempt NORM soils as expand and implement acceptable radioactive material screening protocols unde i
Analysis Plan. This step will be taken to verify that the wast:s do not require a license and the subsequent rejection of the* shipment, and* pre propetly waste.
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P.O. Box 13087 Austin,Tczas 787113087 s12/2351000
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I Mr. Joseph R. Egan j
Page 2 May27,1997 Based on our discussions xd your correspondence, we believe this action will be tanted as a C' las 1 modification under 30 TA C Section 335.69, Appendix L However, a final determination will be made at the time WCS submits its permit modification application. Generally, the 2NRCC processes such changes witlin one to three weeks. The TNRCC is committed to evaluating this matter as expeditiously as possible.,
If you have any questions, please call Ms. Susan White at (512) 239-0454. Please direct an correspondence to Ms. White at mall code 173 (MC 173).
$* cerely, l
7 l
,t Per.rs ecutive ir:ctor DP/CDR/jb Mr. hohn $resco/Ms. Melissa Geranda, U.S. Environmental Protection cc:
Mr. Hank May/Mr. Reagan Tate, U.S. Enviromnental Protection Agency - Region 6 Mr. Richard A. Ratcliff, Texas Department ofHealth, Bureau ofRadiation Control i.
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