PNO-I-87-017, on 840921,insp at Facility Found Site Abandoned & Licensee Bankrupt.Ofc of General Counsel Motion for Cleanup Funds Denied.Epa Will Begin Emergency Site Stabilization on 870311 Due to Failure of Parties to Act
| ML20212N434 | |
| Person / Time | |
|---|---|
| Site: | 04008406 |
| Issue date: | 03/10/1987 |
| From: | Friedman L, Kinneman J, Jason White NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| References | |
| PNO-I-87-017, PNO-I-87-17, NUDOCS 8703130024 | |
| Download: ML20212N434 (2) | |
I
'- u DCS: 04008406870310 Date: March 10, 1987 NewM
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PRELIMINARY NOTIF.ICATION OF EVENT OR UNUSUAL OCCURRENCE--PNO-I-87-17 %- M@ %M This preliminary notification constitutes EARLY notice of events of POSSIBLE safety or public interest significance. The information has been confirmed with EPA by Region I personnel.
Facility: The Pesses Company Licenseu Energency Classification:
Pulaski, Pennsylvania Notification of Unusual Event (L/N STB-1254) Alert Site Area Emergency General Emergency X Not Applicable
SUBJECT:
PUBLIC MEETING AND START OF SITE STABILIZATION BY EPA AT BANKRUPT LICENSEE'S SITE The Pesses Company of Solon, Ohio, was authorized by NRC license to possess and repro-cess scrap alloys containing not more than 2% by weight thorium, with a total possession of not more than 200 kilograms of thorium, at a site near Pulaski (Lawrence County), Pennsylvania.
An inspection at Pulaski on September 21, 1984, found the site apparently abandoned and tha licensee in bankruptcy. A local bank was controlling the property, but was unaware of the license responsibilities. At that time, Region 1 inspectors noted that a large numb:r of barrels and boxes containing unrecovered thorium alloys was still present at the site. Radiological surveys revealed thorium contamination in the soil and in the building on the property. When this matter was brought to the bank's attention, the bank's management agreed to coritrol access to the site and observe other appropriate safety procedures until the site could be made suitable for release for unrestricted use.
Subsequently, NRC contracted with Dak Ridge Associated Universities (ORAU) to perform a detailed radiological survey of the entire property. Since other hazardous materials had also been used on the site, ORAU sampled and analyzed for selected hazardous catarials in addition to the radiological measurements. ORAU completed the field work for this survey during the last week of November 1985. Based on ORAU's report, Region I concluded that'the radioactive materials on the site did not present an immediate threat to the health and safety of the public. However, amounts and concentratjons of thorium did exist at the site in excess of NRC criteria for release for unrestricted use; therefore, remedial action is required.
Since that tim- the NRC has pursued efforts to effect cleanup of the site, including issuance, on January 22, 1986, of an Immediately Effective Order requiring the trustee (the bank) to clean up the site. The trustee has refused to comply. Subsequently, the Office of the General Counsel (OGC), in cooperation with the Department of Justice (00J), filed a motion in bankruptcy court to have available funds preferentially applied to site cleanup. On November 18, 1986, the motion was denied.
CONTACT: L. Friedman J. Kinneman J. White 488-1276 488-1252 488-1102 l ( l 5
3703130024 870310 \
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?Thi ORAU report was also forwarded to the.V.S. Environmental-Protection Agency (EPA) and the Commonwea.ith of Pennsylvania. Based on the results of the hazardous materials analysis conducted by ORAU, EPA conducted more extensive evaluations of the site during
- June,? July and August of 1986. . During September of 1986, EPA informally communicated
'its. preliminary findings to the Commonwealth of Pennsylvania and the Centers for DiseaseControl(CDC). After evaluation of the information provided, both Pennsylvania and CDC certified.to EPA that the site is a hazard to the health and safety of the public as a result of the chemical toxicity of the materials on site. This finding-allows' EPA to take remedial action under federal statutes, such as the Comprehensive
-Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and the .
Supsrfund Amendments and Reauthorization Act of 1986 (SARA).
-On November 20, 1986, EPA held a meeting in Philadelphia,' Pennsylvania, with the poten-tial responsible parties involved with the site and charged them to initiate site cleanup. EPA representatives informed the responsible parties that the hazardous materials present provided sufficient justification for the finding of an immediate hazard, and that unless they promptly began remedial action, EPA planned to expend-public funds to ameliorate the hazard.
bnMarchl'1,1987,.EPAwillbeginemergencysitestabilizationduetothefailureof'
<ths responsible parties to begin remedial action. EPA has engaged a contractor to consolidate all soil and items contaminated with radioactive or hazardous material in a central location on the site and maintain it in a stable configuration. EPA expects to expend $400,000 in six to eight weeks to accomplish this task.
. EPA also plans a public meeting on March 12 at the Pulaski, Pennsylvania, township building near the site. EPA intends to explain their plans for the site, which include immediate stabilization followed by long term cleanup. Region I-will be represented at the meeting and will monitor EPA activities at the site to assure they proceed safely and in accordance with NRC requirements.
The Commonwealth of Pennsylvania has been notified.
DISTRIBUTION:
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