[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33682-33687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16174]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-016055]
Advanced Medical Systems, Inc., Issuance of Director's Decision
under 10 CFR Sec. 2.206
Notice is hereby given that the Director, Office of Nuclear
Material Safety and Safeguards, U. S. Nuclear Regulatory Commission,
has acted on a Petition for action under 10 CFR 2.206 dated March 3,
1993, filed by William B. Schatz, Esq., on behalf of the Northeast Ohio
Regional Sewer District (Petitioner), as supplemented by letters dated
September 13, 1994, October 13, 1994 and April 29, 1996, with regards
to NRC Licensee, Advanced Medical Systems, Inc. (AMS)
The Petitioner requested, pursuant to 10 CFR 2.206, that the NRC:
(1) Modify AMS' License No. 34-19089-01 to require that AMS assume all
costs resulting from the off-site release of cobalt-60 that has been
deposited at the
[[Page 33683]]
Petitioner's Southerly Wastewater Treatment Center; and (2) order AMS
to decontaminate the sewer connecting its London Road facility with the
public sewer at London Road, and continue down stream with such
decontamination to the extent that sampling indicates is necessary.
By letters dated September 13, 1994, October 13, 1994, and April
29, 1996, the Petitioner filed supplements to the Petition. The
September 1994 supplement requested that NRC commence enforcement
actions against AMS for violations of 10 CFR 20.401(c)(3) and 10 CFR
20.303(a), based on assertions that the disposal records maintained by
AMS are grossly inaccurate, in violation of 10 CFR 20.401(c)(3), and
that AMS discharged material to the sewer that was not readily soluble
or dispersible in water, in violation of 10 CFR 20.303(a). In addition,
the September 1994 supplement requested that the March 3, 1993,
Petition be granted immediately insofar as it requested that AMS be
held responsible for all costs arising from contamination of the
Petitioner's treatment plant and that AMS be required to decontaminate
the sewer downstream from the London Road facility. In its October 1994
supplement, the Petitioner requested that the NRC commence an
enforcement action against AMS for violation of 10 CFR 20.2003, based
on the assertion that AMS had recently discharged cobalt-60 to the
sewer that was not soluble or readily dispersible biological material,
in violation of that provision. In its April 1996, supplement, the
Petitioner requested NRC action on a license requiring AMS to safely
and reasonably decontaminate the London Road interceptor (the sewer),
or, if the NRC's position is that such action has already been ordered,
NRC action requiring AMS to actually complete the decontamination.
For the reasons stated in the ``Director's Decision Under 10 CFR
2.206'' (DD-97-13), the Director of the Office of Nuclear Material
Safety and Safeguards has denied the first request, that NRC require
AMS to assume all costs resulting from the offsite contamination from
released licensed material within NRC limits. With regard to the
request to order AMS to decontaminate the sewer line, as set forth in
DD-97-13), NRC has already partially granted the Petition, insofar as
NRC has taken action by amending AMS'' License to require remediation
of the sewer line connecting the London Road Facility with the public
sewer at London Road. For the reasons stated in DD-97-13, the Director
has denied the remaining requests in the Petition and its supplements.
The complete text of DD-97-13 follows this notice and is available for
public inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC 20555 and at the Local
Public Document Room, Perry Public Library, 3735 Main Street, Perry,
Ohio 44081.
A copy of this Decision will be filed with the Secretary of the
Commission for the Commission's review in accordance with 10 CFR
2.206(c) of the Commission's regulations. As provided by this
regulation, this Decision will constitute the final action of the
Commission 25 days after the date of issuance unless the Commission, on
its own motion, institutes review of the decision within that time.
Dated at Rockville, Maryland, this 13th day of June, 1997.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director Office of Nuclear Material Safety and Safeguards.
Director's Decision under 10 CFR Sec. 2.206
I. Introduction
By letter dated March 3, 1993, addressed to Mr. James Taylor,
former Executive Director for Operations, U.S. Nuclear Regulatory
Commission (NRC), William B. Schatz, Esq., on behalf of the Northeast
Ohio Regional Sewer District (District), requested that NRC take action
with respect to Advanced Medical Systems, Inc. (AMS), of Cleveland,
Ohio, an NRC licensee. The District requested, pursuant to 10 CFR
Sec. 2.206, that NRC: (1) Modify AMS License No. 34-19089-01 to require
that AMS assume all costs resulting from the off-site release of
cobalt-60 that has been deposited at the District's Southerly
Wastewater Treatment Center (SWTC); and (2) order AMS to decontaminate
the sewer connecting its London Road facility with the public sewer at
London Road, and continue downstream with such decontamination to the
extent that sampling indicates is necessary.
The District alleges the following bases for its request: (1)
Cobalt-60 has been discovered in the ash piles resulting from the
incineration of sewage sludge at the District's SWTC; (2) AMS is the
only licensee in the District's service area authorized to process
cobalt-60 in a loose metallic form consistent with the form present in
the ash; (3) AMS is the only entity (except for the former owner of the
London Road facility) that has reported discharging cobalt-60 to the
sanitary sewer system leading to the SWTC; (4) NRC documents present
ample evidence of cobalt-60 contamination at the London Road facility,
including numerous drains inside the building; (5) there are excessive
exposure rates in the sewer connecting the building to the public sewer
system; (6) this sewer line has been classified as a restricted area,
which effectively denies the District access to the manhole for
sampling industrial discharges; and (7) the AMS London Road facility is
the source of the cobalt-60 at the SWTC.
By letter dated April 2, 1993, the Director, Office of Nuclear
Material Safety and Safeguards, NRC, formally acknowledged receipt of
the Petition and informed the District that its request was being
treated pursuant to 10 CFR Sec. 2.206 of the Commission's regulations.
A notice of the receipt of the Petition was published in the Federal
Register on Tuesday, April 13, 1993 (58 FR 19282). Staff sent a copy of
the letter dated April 2, 1993, with a copy of the Petition, to AMS.
By letters dated September 13, 1994, October 13, 1994, and April
29, 1996, the District filed supplements to its March 3, 1993,
Petition. The District's September 1994 supplement requested that NRC
commence enforcement actions against AMS for violations of 10 CFR
Sec. 20.401(c)(3) and 10 CFR Sec. 20.303(a), based on assertions that
the disposal records maintained by AMS are grossly inaccurate, in
violation of 10 CFR Sec. 20.401(c)(3), and that AMS discharged material
to the sewer that was not readily soluble in or dispersible in water,
in violation of 10 CFR Sec. 20.303(a). In addition, the September 1994
supplement requested that the March 3, 1993, petition be granted
immediately insofar as it requested that AMS be held responsible for
all costs arising from contamination of the District's treatment plant
and that AMS be required to decontaminate the sewer downstream from the
London Road facility. In its October 1994 supplement, the District
requested that NRC commence an enforcement action against AMS for
violation of 10 CFR Sec. 20.2003, based on the assertion that AMS had
recently discharged cobalt-60 to the sewer that was not soluble or
readily dispersible biological material, in violation of that
provision. In its April 1996 supplement, the District requested NRC
action on a license requiring AMS to safely and reasonably
decontaminate the London Road interceptor (the sewer), or, if NRC's
position is that such action has already been ordered, NRC action
requiring AMS to actually complete the decontamination.
[[Page 33684]]
Since receipt of the March 3, 1993, Petition, NRC has amended AMS'
license such that one of the District's requests has already been
partially granted, as set forth below. I have completed my evaluation
of the remaining matters raised by the District and have determined
that, for the reasons stated below, the other requests in the Petition
and its supplements should be denied.
II. Background
NRC issued License No. 34-19089-01 to AMS on November 2, 1979.
Picker Corporation had previously owned and operated the licensed
operation, facilities, and equipment since 1959. From 1979 to mid-1991,
the AMS license authorized the possession of 150,000 curies (5550
terabecquerels) of cobalt-60 in solid form for the purpose of
manufacturing sealed sources for distribution to authorized recipients
for use in teletherapy units (used at medical facilities for treatment
of medical conditions). The AMS license currently limits possession to
150,000 curies (5550 terabecquerels) as solid metal and 135,000 curies
(4995 terabecquerels) in sealed sources, for use in installing and
servicing teletherapy units, and training; the current license does not
authorize manufacture of sealed sources for distribution. The license
also authorizes possession of 40,000 curies (1480 terabecquerels) of
cesium-137 in sealed sources, and 4040 kilograms of plated depleted
uranium shielding, incident to teletherapy and industrial radiography
installation, maintenance, and service. The facility that houses the
licensed material is located on London Road in Cleveland, Ohio.
The District is responsible for operating three wastewater
treatment facilities in and around the Cleveland, Ohio, metropolitan
area. The District's SWTC has been operating since 1927 to remove grit
and debris from wastewater that the District services. This process
involves incineration of sludge, transport of the residual ash in a
slurry to settlement and evaporation ponds, and eventual transfer of
the dried ash to landfills. The SWTC also incinerates sludge generated
at other facilities, including the District's Easterly Plant, which
services the area where AMS is located.
In April 1991, NRC identified cobalt-60 at the SWTC in ash piles
coincidental to an aerial radiation survey of an unrelated site. In
September 1991 and March 1992, at the request of NRC, Oak Ridge
Institute for Science and Education (ORISE) performed surveys at the
SWTC to determine the extent of the cobalt-60 contamination at the
facility. The results of the ORISE surveys are reported in Radiological
Characterization Survey for Selected Outdoor Areas, Northeast Ohio
Regional Sewer District, Southerly Wastewater Plant, Cleveland, Ohio,
Final Report, August 1992 (hereafter referred to as ``ORISE report'').
The ORISE report indicated that there were elevated direct radiation
readings that were caused by cobalt-60 contamination, with elevated
concentrations in soil and sediment samples. Based on this ORISE report
and information collected and examined by NRC staff, NRC estimated that
a total activity of 414 millicuries (15.3 gigabecquerels) of cobalt-60
existed at the SWTC in 1992.
Since the District needs to transfer the dried ash from the
evaporation ponds to continue operations, NRC approved the site
remediation strategy for ash removal, and had ORISE perform an
independent survey to evaluate the radiological status of the
remediated area. The District performed a radiological characterization
of the facility to better determine the amount of cobalt-60 that is
actually present on the SWTC site; the District's consultant estimated
the quantity of cobalt-60 in the North Fill Area, as of 1993, to be
about 443 millicuries (16.4 gigabecquerels).
As discussed below, NRC has evaluated the District's concerns and
bases for its requests for NRC action. Although NRC has amended AMS'
license to require remediation of the interceptor sewer line operated
by the District in the vicinity of the connecting line from the AMS
facility, which partially grants one of the District's requests, the
District's remaining requests are denied for the reasons discussed
below.
III. Discussion
A. Timing and Source of Contamination Identified at the SWTC
In 1991, cobalt-60 was discovered in the North Fill
Area.1 The staff's review of the history of the SWTC
revealed that, after renovation of the incinerators between 1975 and
1978, the incinerators came back on line in November 1978, and the
current ponds were put into use for the first time. The ponds were then
cleaned for the first time from December 1982 to March 1983. The
District removed the ash from the evaporation ponds and placed it in
the North Fill Area, which was then landscaped. This was the only time
the North Fill Area was used for ash disposal. Accordingly, the cobalt-
60 entered the District's system and was deposited at SWTC between late
1978 (when the ponds were first used) and December 1982 (when the ponds
were first cleaned and the ash placed in the North Fill Area). See
Memorandum for Carl J. Paperiello, former Deputy Regional
Administrator, NRC Region III, from Loren J. Hueter, Radiation
Specialist, Division of Nuclear Material Safety, NRC Region III, on the
subject of ``Report on Trip to General Chemical Corporation (Non-
licensee), 5000 Warner Road, Cleveland, Ohio, and to Northeast Ohio
Regional Sewer District, 6000 Canal Road, Cleveland, Ohio,'' (Docket
No. 030-18276; License No. 34-17726-02) dated June 13, 1991. The
staff's conclusion as to when cobalt-60 contamination entered the
sanitary sewer system is supported by the District's letter, dated
September 13, 1994, which stated that the earliest possible date that
the cobalt-60 could have been discharged into the sanitary sewer was
not more than a week or two before the opening of lagoons in October
1978.
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\1\ Significant levels of cobalt-60 requiring remediation were
discovered in the North Fill Area, in the existing In-Place Ash
section of the South Fill Area, and in the northern section of the
South Fill Area. Only the North Fill Area contamination can be dated
with any degree of certainty, although AMS records indicate that
1989 was the last year AMS discharged cobalt-60 directly into the
sanitary sewer system.
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In an attempt to determine all possible contributors of cobalt-60
contamination to the SWTC, NRC conducted a file review of all licenses
issued since 1975, active and terminated, for activities at facilities
in the zip code areas serviced by the District. NRC contacted existing
and previous licensees for additional information. The U.S. Department
of Energy was also contacted to determine if any of its operations in
the Cleveland metropolitan area could have contributed to the cobalt-60
contamination at the SWTC. Although other cobalt-60 users were found in
the NRC's file search, it was concluded that no facility, other than
AMS' facility at 1020 London Road, Cleveland, Ohio, was authorized to
possess the quantities of unsealed cobalt-60 that could have
contributed to the levels of cobalt-60 contamination found at the SWTC.
Memorandum from Roy Caniano, Chief, Materials Inspection Branch,
Division of Radiological Safety & Safeguards (DRSS), Region III, to
William L. Axelson, Director, DRSS, dated November 7, 1994 (hereafter
``Caniano memo'').
Given the information as to the timing of the disposals into the
sewer system that caused the cobalt-60 contamination at the SWTC, the
staff included Picker, which previously used the facility
[[Page 33685]]
under NRC license, in its review and inspection, although the District
did not seek action against Picker. Current and former Picker
employees, as noted in Inspection Report No. 030-16055/93003 (Section
3.C), issued November 7, 1994, stated that liquid radioactive waste was
routinely discharged from the London Road facility. They stated,
however, that the 1 curie (37 gigabecquerels) per year annual gross
quantity disposal limit (10 CFR Sec. 20.303) was never exceeded during
their respective tenures. Based on the information gathered during the
inspection, it is highly likely that Picker Corporation discharged
cobalt-60 into the sanitary sewerage system every year that it operated
the London road facility, including the 1978 and 1979 time period of
interest. As for AMS, its records indicate that a total of 209
millicuries (7.73 gigabecquerels) of unsealed cobalt-60 was disposed of
into the sanitary sewerage system during the period 1980 to 1989.
Caniano memo at 3. AMS records indicate that 1989 was the last year
that cobalt-60 was discharged directly into the sanitary sewerage
system. NRC Inspection Report No. 030-16055/93003(DRSS) at 7, issued
November 7, 1994. AMS records also specifically list releases during
the 1980-82 time frame. Inspection Report No. 030-16055/93002 at 17,
issued August 2, 1993. The information gathered by the staff indicates,
therefore, that cobalt-60 was likely released from the London Road
facility during the 1979-82 period of interest by both Picker and AMS.
AMS has recorded discharging cobalt-60 to the sanitary sewer system
that eventually leads to SWTC, as described above. AMS records
indicate, however, that it had been discharging cobalt-60 in accordance
with the quantities and concentrations authorized by the then-
applicable regulations and license. NRC's inspection and review of
records have not revealed any documentation at AMS or other evidence
that would indicate discharges in excess of authorized limits.
B. Request for NRC Action To Require AMS To Assume the Cost Resulting
From Offsite Release of Cobalt-60
The staff has carefully considered the action the District has
requested and the bases stated by the District for its request. In
addition, the staff has evaluated the results of its inspections and
all available information related to the District's requests. None of
the available information, individually or taken together, demonstrates
that AMS violated NRC regulatory limits or other requirements related
to the discharge of cobalt-60 into the sanitary sewer system.
In a proceeding involving the decommissioning of the Yankee Nuclear
Power Station near Rowe, Massachusetts, the Commission stated that it
had no authority to grant an intervenor's request for compensation
similar to the District's. Yankee Atomic Electric Co. (Yankee Nuclear
Power Station), CLI-96-7, 43 NRC 235 (1996). In the Yankee Atomic
proceeding, the licensee had initiated substantial decommissioning of
its facility through a ``Component Removal Project'' (CRP) under a new
Commission policy interpreting the decommissioning rule (10 CFR
Sec. 50.82) and had removed and disposed of many radioactive components
through the CRP. The intervenors succeeded in challenging the
Commission policy, which had allowed the licensee to initiate the CRP
without an opportunity for a hearing. CAN v. NRC, 59 F.3d 294 (1st Cir.
1995). As relief for the failure to offer an opportunity for a hearing,
and based on their assertion that the CRP had caused workers and the
public to receive doses far above those as low as reasonably
achievable, the intervenors requested the Commission to require the
licensee to establish a fund for the treatment of cancers caused by the
doses resulting from the CRP. Yankee Atomic, CLI 96-7 at 268. In
rejecting the intervenors' arguments, the Commission held that ``no
statute or regulation grants the Commission authority to require the
Licensee to pay (in effect) compensatory damages to private
individuals.'' Id. at 269.
The District's request for compensation from AMS for costs
resulting from offsite releases of cobalt-60 from the London Road
facility is not materially different from the Yankee Atomic
intervenors' request for compensation. No statute authorizes the NRC to
require any licensee to pay such compensatory damages, especially in a
case in which the releases that resulted in the third party's damages
were within applicable NRC limits.
The District, in addition to filing its Petition with NRC,
instituted a court action against AMS and other defendants for tort
remedies, including property damage and remediation costs, resulting
from the discharge of cobalt-60 into the District's system. The action,
which was pending before the United States District Court for the
Northern District of Ohio, Eastern Division (Case No. 1:94 CV 2555),
has been settled. Letter dated January 2, 1997, from L. K. English,
Esq., Northeast Ohio Regional Sewer District, to J. Madera, Division of
Nuclear Material Safeguards, NRC. A court of competent jurisdiction,
and not NRC, is the proper forum for the District to seek compensatory
damages from AMS. Accordingly, the District's request for NRC action to
require AMS to assume the costs resulting from the release of cobalt-60
is denied.
C. Request To Require AMS to Decontaminate the Sewer Connecting Its
London Road Facility With the Public Sewer at London Road and Continue
Downstream to the Extent AMS/NRC Sampling Indicates Is Necessary
By letter dated April 29, 1996, the District supplemented its
original Petition with a request that AMS be required to ``safely and
reasonably'' decontaminate the London Road interceptor. In addition,
the District requested that NRC take action to have AMS complete the
decontamination of the interceptor if NRC believed that it had already
ordered AMS to take action to decontaminate the interceptor. The
indicated sewer connection that was identified as having excessive
exposure rates is on AMS property. NRC did issue a Notice of Violation
(NOV) for AMS' violation of 10 CFR Sec. 20.105, in that the exposure
rates in the accessible sewer line on the AMS facility were excessive
for an unrestricted area. NOV issued to AMS, License No. 34-19089-01,
dated May 5, 1988, resulting from a special safety inspection conducted
on April 13, 1988 (NRC Inspection Report No. 16055/88001 (DRSS)).
However, the manhole controlling access to the sewer connection was
designated a restricted area; the sewer cover on the AMS property was
secured with a lock and bar; and the sewer connection area was
partially decontaminated, reducing the contamination and exposure rate
levels. Letter from T. J. Hebert, Chairman, Radioisotope Committee,
AMS, to R. E. Burgin, Senior Radiation Specialist, NRC Region III,
dated May 23, 1988. These facts were confirmed by Oak Ridge Associated
Universities, contracted by NRC to perform a radiological survey to
determine the then current conditions at the AMS facility. See Oak
Ridge Associated Universities Report Radiation Survey of the Advanced
Medical Systems, Inc., London Road Facility, Cleveland, Ohio, Final
Report at 20 (April 1989). The exposure rates are no longer considered
excessive as a result of the decontamination performed by AMS and the
designation of the manhole as a restricted area. Moreover, in 1995, AMS
permanently sealed the lateral from the old manhole to the sewer line.
AMS also removed most of the original foundation underdrain system and
replaced it with a new, clean system. AMS is currently required to test
the groundwater pumped from the new
[[Page 33686]]
foundation underdrain system, to ensure compliance with 10 CFR
Sec. 20.2003.
The NRC has taken action by issuing Amendment No. 32 to AMS'
license, dated March 17, 1995, in which the NRC, through Condition
19.F., required AMS to remediate the London Road interceptor in the
vicinity of the abandoned lateral, as described in an AMS letter
proposing action to remediate contaminated piping. See ``Action Plan
for the London Road Facility,'' at 2 (Jan. 27, 1996). License Condition
19 required that remediation of the interceptor be completed within 90
days (i.e., by June 15, 1995). In Amendment No. 35 to AMS' license,
dated June 16, 1995, NRC required AMS to initiate remediation
activities no later than July 8, 1995, and to notify NRC no later than
July 14, 1995, to confirm initiation of the remediation of the
interceptor. Amendment No. 35, however, deleted the June 15, 1995, date
for completion of remediation of the interceptor imposed by Amendment
No. 32.
By a letter dated July 12, 1995, AMS informed NRC that it would not
start the remediation of the interceptor until July 29, 1995, and did
not provide an estimated completion date for the remediation, as AMS
further informed NRC that it needed the District's approval to access
the interceptor. Letter from R. Meschter, Radiation Safety Officer
(RSO), AMS, to J. Caldwell, NRC, dated July 12, 1995. By a letter dated
July 19, 1995, AMS informed NRC that, for the same reasons given in the
July 12, 1995, letter, it would not initiate remediation until August
11, 1995. Letter from R. Meschter, RSO, AMS, to J. Caldwell, NRC, dated
July 19, 1995. At that time, AMS and the District still had not agreed
on arrangements for entry and evaluation of the interceptor.
In a letter dated January 2, 1997, from L. K. English, Esq.,
Northeast Ohio Regional Sewer District, to J. Madera, NRC, the District
forwarded a copy of a settlement agreement between the District and AMS
regarding their court litigation. The settlement indicates that AMS
agreed, inter alia, to pay the District a fixed sum, and the District
agreed to allow re-connection of the AMS facility to the London Road
interceptor after AMS' taking certain actions pertaining to conditions
of the facility, and to design and construction of the connection. The
part of the agreement concerning re-connection provides an alternative
to use the present manhole located in London Road, provided that the
plans include decontamination of the interceptor, at AMS' cost, before
such use. The agreement specifies conditions and procedures under which
AMS may plan to use the present manhole in the interceptor. In a
meeting with NRC and AMS on February 10, 1997, AMS indicated that it
was its intention to reconnect. Official Transcript of Proceedings:
``Public Meeting with Advanced Medical Systems, Inc.,'' pp. 50-51 (Feb.
10, 1997). AMS stated it will probably take from nine months to a year
and a half for re-connection to actually happen. Id. at 51. In summary,
insofar as Amendments No. 32 and 35 require AMS to remediate the sewer
connecting its London Road facility with the public sewer, this request
of the District has been partially granted. Although access to the
interceptor is now controlled, License Condition 19.F. requires AMS to
remediate the interceptor. The staff intends to pursue this matter in
the near future. It is the staff's intent that the access concerns be
resolved promptly, so that remediation may begin and be completed as
soon as practical.
D. Other Issues Raised in Supplements to Petition
By letters dated September 13, 1994, and October 13, 1994, the
District supplemented its original Petition with a request that NRC
commence an appropriate enforcement action against AMS for the
maintenance of grossly inaccurate records of disposal of radioactive
material from 1978 to 1993, in violation of 10 CFR Sec. 20.401(b)(3)
(in effect through December 31, 1993). The District also asserted that
AMS had disposed of cobalt-60 that was not ``readily soluble or
dispersible in water,'' in violation of 10 CFR Sec. 20.303 (in effect
through December 31, 1993), and had more recently discharged cobalt-60
which was not ``readily soluble or dispersible biological material,''
in violation of 10 CFR Sec. 20.2003 (in effect on January 1, 1994, and
thereafter).
The staff has conducted numerous recent inspections at the London
Road facility to address the District's concerns over cobalt-60
discharges into the sanitary sewerage system. On March 15, 1995, NRC
issued a Notice of Violation to AMS for failures to: (1) Evaluate the
quantity of cobalt-60 released to the sewer system resulting from
facility floods and certain decontamination activities; and (2) remove
non-suspendible solids by the use of a cloth filter, as required by
AMS' license conditions. The background relating to unmonitored
releases resulting from facility floods and certain decontamination
activities is set forth below.
The information as to when the unmonitored releases occurred came
from current and former Picker and AMS employees and identified several
occasions in the late 1960s and the mid-to late-1980s when the basement
was flooded, resulting in backflow into the sewer system. The available
information indicated that not all these occurrences were evaluated to
identify the amount of radioactivity that may have been released.
Inspection Report No. 030-16055/93003, at 16-19. Based on the extensive
information provided by the interviewees, the staff concluded that it
was unlikely that the cumulative total quantity of cobalt-60 released
during these unmonitored releases exceeded a few hundred millicuries.
Id.
As to the filtering of the waste water pumped from holding tanks in
the Waste Hold-Up Tank room, the information gathered from the
interviewees strongly indicated that the filter was not always in place
from the mid-1970s through the mid-1980s, thus raising the potential
for cobalt-60 pellets to have been discharged through this route into
the sewer system. Id. at 14.
The NRC has already taken enforcement action for the failures to:
(1) Evaluate and report certain releases into the sewer system as a
result of facility floods or decontamination activities that likely
included cobalt-60; and (2) ensure that waste water in the hold-up
tanks was passed through filters that should have captured any cobalt-
60 pellets before the release of the water to the sewer system. The
staff does not believe that further enforcement action for the matters
identified in the September 1994 supplement is warranted.
Regarding the October 1994 supplement's request for enforcement
action for violation of 10 CFR Sec. 20.2003, the staff has not found
evidence, based on NRC interviews and review of records, that AMS
intentionally disposed of cobalt-60 into the facility's drains leading
to the District's sanitary sewerage system since May 1989. The AMS
records contain no discharge log entries after this date. Furthermore,
AMS has not generated liquid radioactive waste from manufacturing
operations in several years, and has no plans to do so in the future,
because of termination of source manufacturing operations. See
Inspection Report No. 030-16055/93002. However, both the District and
the staff performed sampling (post January 1, 1994, the effective date
of revision of 10 CFR Part 20) that identified cobalt-60 at the point
of discharge of the sanitary sewerage piping from the London Road
facility into the District's sewer line. See the
[[Page 33687]]
District's supplement to its Petition, dated October 13, 1994, and
Inspection Report
No. 030-16055/94003, issued on December 6, 1994. The presence of
the cobalt-60 appears to be a result of plate-out of cobalt-60 onto the
walls of the piping leading from the London Road facility. The staff
had characterized the results of its sampling as indicating an apparent
violation of 10 CFR Sec. 20.2003. Id.
The sampling performed by the District and subsequent sampling
performed by the staff in early 1995 indicated that some or all the
cobalt-60 detected might be ``soluble,'' as that term is defined in NRC
Information Notice No. 94-07, dated January 28, 1994. The uncertainty
as to the solubility of the cobalt-60 prompted the staff to begin
preparations for a solubility analysis of the sample taken on August
17, 1994. In accordance with Region III policy, those samples had been
transferred back to the District, on whose property the samples had
been taken. Because of further analyses the District had performed on
the samples, the samples no longer existed in their original form;
therefore further solubility analyses could not be performed. Further
representative samples of the water at this point in the waste stream
could not be taken because of the District's plugging of the pipe. In
view of the inability of the staff to determine that the cobalt-60 in
the sampled water was, in fact, insoluble, there was an insufficient
basis to cite AMS for a violation of 10 CFR Sec. 20.2003. Furthermore,
there is not now a significant potential for discharge of cobalt-60
from the London Road facility to the District's system because: (1) old
piping connecting the facility to the District's lines has been
plugged; (2) the District has not permitted AMS to connect new clean
piping installed by AMS to the District's lines; and (3) AMS collects
and treats all water used on the site and holds it in tanks before it
is determined not to contain insoluble cobalt-60.
The staff believes that the vast majority of cobalt-60 inventory
and activity discharged into the District's sanitary sewerage system
was dispersible. It can be expected that a small amount of readily
dispersible material would plate-out onto the sewer system pipes over
the long history of cobalt-60 discharges by Picker and AMS. Staff
concludes that the fact that a small amount of cobalt-60 built up over
time in sewer pipes leading from the AMS facility, by itself, does not
support the District's assertion that a discharge in violation of 10
CFR Sec. 20.303 or 10 CFR Sec. 20.2003 occurred.
IV. Conclusion
For the reasons discussed above, no basis exists for taking any
action, in addition to the action described above, in response to the
requests in the Petition and its supplements. Accordingly, no further
action pursuant to 10 CFR Sec. 2.206 is being taken in this matter.
As provided by 10 CFR Sec. 2.206(c), a copy of this Decision will
be filed with the Secretary of the Commission for the Commission's
review. The Decision will become the final action of the Commission
twenty-five (25) days after issuance unless the Commission on its own
motion institutes review of the Decision within that time.
Dated at Rockville, Maryland, this 13th day of June, 1997.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director Office of Nuclear Material Safety and Safeguards
[FR Doc. 97-16174 Filed 6-19-97; 8:45 am]
BILLING CODE 7590-01-P