action memo: $2 million statutory exemption request for...
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SDMSDocID 2032540
2032540
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY< REGION IX
**4 PR°'fc° 75 Hawthorne StreetSan Francisco, CA 94105-3901
OFFICE OF THE
REGIONAL ADMINISTRATOR
ACTION MEMORANDUM
DATE: JUL 2 9 2GC4
SUBJECT: $2 Million Statutory Exemption Request for a Time-Critical Removal Action atthe Preservation Aviation Site, North Hollywood,Los Angeles County, California
FROM: , yWayne Nastri, Administrator*-&< Regional 9 (ORA-1)
TO: Thomas P. Dunne, Acting Assistant AdministratorOffice of Solid Waste and Emergency Response
THROUGH: Keith Takata, DirectorSuperfund Division (SFD-1)
I. PURPOSE
The purpose of this memorandum is to obtain approval to spend up to $7,491,133 and torequest a $2 Million Statutory Exemption to mitigate threats to human health and theenvironment posed by the presence of aircraft equipment containing radioactive materials(radium-226, radon-222, lead-210 and polonium-210) and other hazardous substances (methylisobutyl ketone, mercury and polychlorinated biphenyls (PCB)) at the Preservation Aviation, Inc.(PAI) Site, located at 10800 Burbank Boulevard and 5534 Riverton Avenue, North Hollywood,Los Angeles County, California. Radiated materials at the PAI Site have resulted in anuncontrolled release of radium and radon into the environment.
The proposed time-critical removal action is being taken pursuant to Section 104(a)(l) ofthe Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42U.S.C. § 9604(a)(l), as amended, to contain and remove radium containing and contaminatedaircraft gauges, radon, and other hazardous substances present in on-site buildings and anoutdoor storage yard within the facility. An exemptionofrom the $2 Million Statutory Limit isjustifiable under the criteria of 40 C.F.R. § 300.415 (b)(5)(i), which allows for an exemptionfrom the statutory requirements when: there is an immediate risk to public health or welfare orthe environment; continued response actions are immediately required to prevent, limit, ormitigate an emergency; and such assistance will not otherwise be provided o a timely basis.Conditions at the PAI Site meet the criteria for the exemption from statutory limits, and if not
Printed on Recycled Paper
addressed by implementing the immediate response action documented in this Memorandum,may lead to additional releases and off-site migration of large quantities of radioactive materials.
On May 26, 2004, the United States Environmental Protection Agency (U.S. EPA)initiated an emergency response action to mitigate the release and off-site migration of radiumand radon from an outdoor storage yard and buildings on-site. Authority to expend up to$200,000 to initiate sitf stabilization and security measures was granted under the On-SceneCoordinator's (OSC) delegated warrant authority to mitigate the threats posed at the Site. It isestimated that removal activities will require an additional 180 on-site working days to complete.The removal is time-critical due to the presence of radium and radon present in buildings and anoutdoor storage yard that has released and continues to pose a substantial threat of release to theenvironment, and a threat to human health.
II. SITE CONDITIONS AND BACKGROUND
Site ID#: 09LXCERCLIS ID#: CAN000906084
A. Site Description
1. Physical location
The PAI site is comprised of two masonry buildings located at 10800 Burbank Boulevardand 5543 Riverton Avenue, in North Hollywood, Los Angeles County, California 91601(Latitude: 34.1718747; Longitude: -118.38722). The PAI Site location is illustrated in Figure 1:Site Location. The surrounding land use is light industrial and residential. East of PAI, acrossRiverton Avenue, are single and multi-occupancy residential dwellings. Immediately to the westis a shutter and curtain manufacturing business. On the southern border of the Site is a specialeffects company; and, Burbank Boulevard, a four lane street, borders the Site to the north. Thesurrounding land use is illustrated in Figure 2: Surrounding Land Use. Both Site buildings havewood roofs covered with asphalt tiles. A fenced open storage yard is located between thebuildings (See Figure 3: Site Layout).
2. Background and site characteristics
PAI, formerly known as Pen Air Parts (PAP), has operated at the Site since 1957. PAPwas one of the few buyers and sellers of vintage aircraft gauges in the country. A large majorityof the gauges are World War n surplus purchased from the United States Department of Defense.In 1996, PAP was purchased by PAI.
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In October 1998, the Los Angeles County Department of Health Services, RadiationManagement (LACODHS), and the California Department of Health Services Radiologic HealthBranch (CADHS) investigated conditions at PAI in response to a report that radioactive materialsfrom the PAI Site were being illegally disposed of at a solid waste disposal facility sometime
between 1996 and 1998. This investigation led CADHS to issue two administrative orders toPAI. The two orders, dated 1999 and 2001, found PAI to be in violation of the California Healthand Safety Codes (CHSC) §115165 and § 115185, because of radioactive contaminationthroughout the facility, and because of radioactive materials that required a radioactive materialslicense for commerce. According to the CA DHS, PAI did not have a license to buy or sellradioactive materials. The Order directed PAI to cease operations and cleanup the Site. Copiesof the Orders are included in the Administrative Record for this Site. PAP and PAI have notoperated, maintained or secured the Site since receiving the Orders from CADHS.
Due to the lack of action being taken by the owners of the facility, the LACODHSrequested assistance from the U.S. EPA to investigate the Site. On May 18, 2004, the U.S. EPAconducted a site assessment of the PAI facility. It is estimated that there are in excess of1,000,000 gauges and other assorted items (instruments, electronic equipment, compressed gascylinders, debris, etc.) located throughout the PAI Site that contain or have been contaminatedby radium. The gauges and items are stored in open wooden and cardboard crates, on shelves incardboard drawers, and piled on the floor inside a building. The PAI Site's physical layout andcharacteristics are described below:
a. The Northern Building (Burbank Boulevard)
The Burbank Boulevard building is approximately 10,000 square feet (sf) and consists oftwo loading bays with roll up metal doors on the south side of the building, customer entry doorson Burbank Blvd., and a personnel door on the southwest side of the structure. A maze of officesand storage areas exist throughout the building (Figure 4: North Building Layout).
The gauges in the northern building are stored on a series of shelving units with the largeritems located in the loading bay areas. On the shelves are a series of cardboard drawers thatcontain the radioactive gauges. The shelving units are placed very close together with little or noaisle space between them. This makes access to the shelving units very difficult without cominginto contact with an adjacent unit. Persons trying to access one shelving unit results in contactwith the adjacent shelving units. Gauges also are stored in their original surplus packing cratesand in a variety of cardboard boxes. Many of these crates and boxes have collapsed ordisintegrated, spilling their contents onto the shelves and floor of the building. Most of thesestorage containers are located in the western portion of the Burbank Boulevard structure. Thereare more piles of debris and gauges inside the loading bay on the southwest side of the building(See Figures 3 & 4).
The front door and the windows along the eastern and northern section of the BurbankBoulevard structure are boarded closed due to unauthorized access and vandalism. The U.S.EPA has documented gamma radiation exposure dose rates outside of the windows and doors ofthe building to be 25 times above normal background levels of radiation. The doors on thesouthern end of this building were not secure when U.S. EPA conducted its site assessment. TheU.S. EPA subsequently secured all of the doors on this side of the building during sitestabilization activities.
b. The Southern Building (Riverton Avenue)
The Riverton Avenue building borders a special effects company and consists of a 5,000sf warehouse previously used to store radium aircraft gauges. There is a personnel entry door onthe northwest end of the warehouse and a roll-up door on the northeast end of the warehouse.The roll-up was not secured when U.S. EPA conducted its site assessment. The PAP ceasedusing this structure after a fire occurred and partially destroyed the building. The structure wassubsequently rebuilt and used by a business that built custom motorcycles. During the siteassessment, U.S. EPA identified areas of fixed radioactive contamination on the concrete floor ofthe warehouse and the ceiling. The floor areas were sealed with epoxy paint during sitestabilization activities.
c. The Storage Yards
Between the two structures is a paved asphalt yard bordered by a 12 foot chain link fencetopped with barbed wire. A semi-trailer is located within the yard, and for site assessmentpurposes, the trailer was used as a point of reference to divide the yard into two areas - north andsouth (See Figure 3). There are two locked vehicle gates, and one locked personnel gate on theeast side of the yard. A sidewalk borders the perimeter fence-line to the east. The northernportion of the yard is filled with debris, boxes, and pallets of gauges and other electricalcomponents. There also is a 45 foot semi-trailer on the northern yard containing debris, gauges,and drums with unknown contents. The gamma radiation exposure dose rate on the outside ofthe trailer exceed 100 times above background levels for naturally occurring radiation. The U.S.EPA has been told by PAI that the trailer contains radioactive debris and damaged radium gaugesfrom previous on-site fires. More wooden crates and steel cans containing gauges are stackedalong the perimeter of the trailer.
In the northeastern end of the yard is a small mobile home containing a large quantity ofradio equipment and other unknown electrical devices. The inside of this structure has not beenfully assessed. It is unknown whether there are radium gauges in the mobile home.
The southern storage yard was originally devoid of material, but has been utilized to stageroll-off boxes of solid waste debris collected during U.S. EPA emergency stabilization activities.More crates containing radioactive gauges are staged in the yard, but moved away from theperimeter to lower the radiation exposure levels along the fence-line. Assessment of the asphaltsurface in the south yard indicates several locations containing fixed radium contamination abovebackground levels. These areas were covered with a plastic tarp prior to using the yard as astaging area.
3. Removal site evaluation ,-
In early May 2004, LACODHS, because of the lack of cleanup progress under the CADHS Orders, requested assistance from the U.S. EPA to conduct an assessment of the PAI Site.On May 18, 2004, OSC R. Wise of the Region 9, U.S. EPA Emergency Response Section and
representatives from the Office of Radiation and Indoor Air (ORIA), the Superfund TechnicalAssessment and Response Team (START) contractor, the Emergency and Rapid RemovalServices (ERRS) contractor, and the LACODHS conducted a removal assessment of the PAISite.
The removal assessment revealed gross contamination of radium-226 and radon-222throughout the buildings and storage yard at the facility. Damaged and leaking gauges presentgross "removable" radium contamination and "fixed" contamination. Removable radiation is thequantity of radioactive material on a surface that may be removed by lightly wiping the surfacewith filter paper. Fixed activity is not removable from the surface when wiped with a filter.Removable radiation can spread and contaminate non-radioactive materials through directcontact, wind, or rain, while fixed radiation cannot migrate. Removable contamination presentsa greater health hazard due to it's potential to migrate off-site.
The contamination from radium-226 was both fixed and removable, and exhibitedactivity levels above the Atomic Energy Commission Nuclear Regulatory 1.86 (RG 1.86)guidance (See Attachment A). The RG 1.86 is used as guidance in the decontamination andtermination of licenses for nuclear reactors. U.S. EPA uses the activity levels established underthis guide as response action levels for radiation contaminated buildings, and fordecontamination of structures for unrestricted land use by the general public. This guideestablished limits for residual radioactivity on surfaces (not volumetric or contained reactivity) interms of disintegrations per minute (dpm). Disintegrations per minute corresponds to activitywith 1 picocurie (10~12)= 2.2 dpm per surface area of 100 square centimeters of surface area(dpm/100 cm2). The RG 1.86 actions levels for radium-226 are 100 disintegrations per minute(dpm) per 100 cm2 for fixed contamination and 20 dpm/100 cm2 for removable contamination.1
This guidance has been used to determine removal action levels for radioactive materials at theCarey Electronics Site in Region 5, the Gulf Nuclear Site in Region 6, and the Radium ChemicalNational Priority List (NPL) site in Region 2.
Wipe sampling inside the Burbank Boulevard building documented the presence ofremovable radium contamination at levels 5 to 1697 dpm/100 cm2 and beta particlecontamination at!04 to 3046 dpm/100 cm2 (See Attachment C for wipe and radon sample
Field activity measurements are made with portable survey detectors which measure radiation detections as counts per period oftime (cpm), with one minute being the most common. Disintegrations per minute(dpm) equals the number of radioactive decays occurring froma radioactive material; the measurement of curies. Properly calibrated survey instruments are used to establish surface contamination values inactivity units (dpm) by correcting for detector efficiency, geometric factors and other factors.
RG 1.86 identifies three types of radioactivity surface measurements; Total, removable and fixed. Removable radiation is the quantity ofradioactive material on a surface that may be removed by lightly wiping the surface with filter paper. Total activity is measured by direct probeon a surface. Fixed activity is the difference between Total and transferable activity: Rxed activity is not removable from the surface whenwiped with a filter.
RG 1.86 allows for averaging measurements so that small areas of elevated activity may be averaged over 1 square meter. Conversion from cpmto surface activity (dpm) normally relies on several assumptions and varies with the type of instrument and radiation being measured. Aconversion using a factor of 1 cpm =4 dpm is generally conservative for smooth surfaces.
results). These activity levels exceed the RG 1.86 action levels for unrestricted use, which are 20dpm/100 cm2 for removable contamination. Because removable contamination is subject toinhalation and ingestion, exposure limits for removable contamination are more conservative.
The average gamma exposure dose rate inside the northern building (Burbank Boulevard)is 1,000 micro-Roentgen/hour (u.R/hr), compared to an ambient background of 15 uR/hr.2 TheU.S. EPA considers material to be "radioactive" at levels greater than three times backgroundradiation levels. U.S. EPA also detected gamma radiation exposure dose rates of up to 8,000jaR/hr within the Burbank Boulevard structure, and gamma dose rates up to 340 |iR/hr at theoutside surface of the windows and doors along both Riverton Avenue and Burbank Boulevard.These dose rates are significant compared to U.S. EPA's emergency response protocols forradiation emergencies, which recognize 2,000 \iR/hr above background radiation levels as anevacuation action level for responders.
The northern storage yard also is grossly contaminated with radium with an averagegamma dose rate of 100 u.R/hr. U.S. EPA detected dose rates as high as 4,000 p.R/hr in the yard.Areas along the perimeter fence-line of the yard and along the sidewalk indicated dose ratesranging from 30 to 400 |iR/hr.
Radon sampling results inside the Burbank Boulevard building indicated 75 pico Curiesper liter of air (pCi/1). The U.S. EPA action levels for un-licensed facilities for radon is 4 pCi/L.The data is summarized in Attachment C.
Based on calculations performed by CADHS personnel, the dose received by anemployee working inside the structure would range from 1 Roentgen Equivalent Man (rem) to 5rem in one year. Five rem is the maximum occupational exposure limit for a licensed facilitypursuant to 10 C.F.R. § 20.1201: Occupational Dose Limits. The Nuclear RegulatoryCommission (NRC) Standards for Protection Against Radiation, 10 C.F.R. § 20.1301(a)(2), DoseLimits for Individual Members of the Public, states that dose limits to members of the public inan unrestricted area from a radioactive source can not exceed 2,000 urem in any one hourperiod, and a total effective dose equivalent can not exceed 100,000 urem in a year (10 C.F.R. §
Using information provided by the LACODHS, the assessment team further defined areasof fixed residual radioactive contamination on the floors of the buildings and storage yard.Contaminated areas on the floors and the ground ranged from 6,000 to 105,000 counts perminute (cpm). The background radiation level for the Riverton Avenue warehouse floor is 2,000cpm. The highest removable contamination level was 29 cpm in an area with a fixed radiation
" Radiation dose is defined for any radiation as the energy absorbed in matter from ionizing radiation interactions. The units are theCoulombs/Kilogram of mass (C/kg)(SI Units) or the rad (English Units). As a practical matter, 1 roentgen (R) produces a radiation dose inhuman tissue of approximately 1 rad, thus units of R and rad are interchangeable. Common units of the rad and R are milli (m)rad or mR andmicrodi) rad/R. Environmental radiation instruments measure dose rate and are typically expressed in units of (iR/hr. Dose relative to biologicaleffects on humans is measured in roentgen equivalent man or rem (English Units), jirem, or mrem. For gamma and beta radiation there is a 1:1correlation between R, rad and rem. However, for alpha radiation there is a 1:20 correlation between R, rad and rem.
level greater than 75,000 cpm. The highest contamination level on the ceiling was 32 cpm. Thisis above the RG 1.86 guideline for removable contamination. RG 1.86 guideline action levelsare in dpm. The conversion of cpm to dpm is determined by the formula listed below:
dpm= cpmdetector efficiency (expressed as a decimal less than 1)
If the detector efficiency for the isotope of concern is unavailable then a conservative estimate isdpm = cpm x 6. For the purposes of this Action Memorandum this estimated conversion is useddue the unavailability of detector efficiency for radium 226.
4. Release or threatened release into the environment of a hazardous substance, orpollutant or contaminant
Based on U.S. EPA's site assessment, up to 70% of the gauges either contain radiumpaint or are externally contaminated with radium or its decay progeny (daughters). The decayprogenies of concern from radium are radon-222 (alpha), lead-210 (beta) and polonium-210(alpha) which decay in equilibrium with radium. Most of these progenies remain trapped withthe radium paint matrix. Radon-222 decays with a 3.8 day half life.
Radium continually decays to radon. Radium and radon primarily emit alpha particlesand some gamma rays and are considered carcinogens. Radium-226 exists in a solid statewhereas radon-222 is a gas. There continues to be a large quantity of radon gas present in theBurbank Boulevard structure because of the constant decay of radium. When radon gas decays,it tends to bind with dust particles or precipitate out on surfaces. Once the gauges are removed,the radon gas will no longer be a hazard. Lead-210 and polonium-210 will remain in thebuilding structure until it is decontaminated. The average gamma radiation exposure dose rate(the amount of exposure per unit of time) inside this structure ranges from 100 to 500 times theambient background levels of 10-15 [j.R/hr., including gamma emissions from radium and itsdecay progeny. U.S. EPA measured the radon activity level inside the building to beapproximately 25 times the U.S. EPA limit for radon in unlicenced facilities (Section n, A, 3above).
The radium painted gauges exhibit a phenomenon called "alpha recoil." This processmoves radium atoms or groups of atoms out of their original matrix (paint) and out of theiroriginal holder (the gauge) over time. It is a process that cannot be stopped by physical ormechanical means. Over time, the alpha recoil phenomenon has resulted in radium, and itsprogeny, contamination of the PAI Site structures, shelves, floors and other non-radioactivematerials. Radium and its progeny are readily available for re-suspension and release ascontaminated dust by moving any item inside the building.
Radium-226 and its progeny are listed hazardous substances pursuant to40 § C.F.R. 302.4, Appendix B. During similar radium gauge removal actions in the UnitedStates, ether, heavy metals (chromium, cadmium and mercury) were discovered integrated into
the gauges. Mercury manometers and compressed gas cylinders (contents unknown) have beenobserved on-site. In addition, mercury has been observed in several types of gauges by the U.S.EPA assessment team. Vintage electrical equipment has also been documented in several areasof the site. Many of these older electrical components are known to contain dielectric fluids withPCBs.
Access to the PAI site could be easily obtained through the chain link fence, and trespassand vandalism have been previously reported. The site is located directly across the street from aresidential neighborhood. Fires have been reported by neighbors to have occurred at the facilityprior to 1996. Should another fire occur at the facility, radium and is progeny would becomeairborne and result in direct contact, inhalation, and ingestion by the residents. Unauthorizedaccess (e.g. trespass and vagrancy) to the buildings and storage yard has, and continues to resultin direct contact, inhalation, and ingestion of radium-226 and radon gas. Prolonged exposure toradium and radon gas can lead to cancer. Radon gas is the second leading cause of lung cancer.Neighbors have also reported that vagrants have been seen leaving the building with boxes andother materials. It has been reported through community involvement activity that a radium dialgauge has been found in a local residents home.
5. National Priority List (NPL) status
This Site is not on the NPL.
6. Maps and photographs
Please see the attached Figures for site layout and location. Photographs are representedin Attachment B.
B. Other Actions to Date
The U.S. EPA Emergency Response Program conducted a removal site assessment onMay 18,2004. Based on the findings of this assessment, OSC R.Wise determined that theconditions at the Site presented an imminent and substantial endangerment to human health andthe environment. On May 26, 2004, the OSC exercised his delegated warrant authority to expendup to $200,000 to initiate site stabilization and security measures. Between May 27 - 30, 2004,the following stabilization measures were performed:
• Secured gates and building doors to prevent unauthorized access. Security guard servicecontracted to provide 24 hr. until removal activities proposed in this ActionMemorandum begin;
• Reduced radiation levels along perimeter fence-line where public exposure is possible.Boxes of gauges adjacent to the east and west fence-lines were consolidated into thecenter of the yard to reduce the gamma radiation exposure dose rates to ambient off-sitebackground levels;
• Consolidated debris from the yard that posed a threat of fire. Paper and wood debris was
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surveyed with hand held radiation detection instruments for total gamma and alpharadiation. Non-radioactive debris was placed in a roll off bin for temporary storage in thesouth yard. Radioactive debris was bulked into one cubic yard boxes for furtherassessment;
• Investigated off-site migration pathways for radioactive contaminants. Areas adjacent tothe Site that could be subject to precipitation runoff were surveyed for total gamma, alphaand beta radiation. One small area of contamination was detected in the storage yard.The area was fixed using an epoxy floor paint to temporarily mitigate further migration.(It should be noted that this area was very close to the perimeter fence and may stillcontribute to exposure to the general public. This area will be further addressed duringthe proposed removal action).;
• Identified areas of fixed and removable radioactivity within the Riverton Avenuebuilding. Several floor areas containing fixed contamination were stabilized by applyingepoxy floor paint; and,
• Assessed migration of radium-226 or its progeny from roof vents on the BurbankBoulevard building. Fixed alpha contamination on the vents was detected at over 700cpm (4,200 dpm) (background is 2 cpm). This exceeds the RG 1.86 guidelines for fixedradium-226 contamination of 300 dpm/100 cm2. The vents were sealed to preventfurther off-site migration of radium.
C. State and Local Authorities's Roles
1. State and local actions to date
In October 29,1998 and December 22,1998, the CADHS conducted an assessment of thePAI Site. The assessment documented radon levels at the Burbank Boulevard structure at 98pCi/1, an amount almost 25 times the CADHS and U.S. EPA recommended health and safetyaction level of 4 pCi/1 for unlicenced facilities. Wipe samples collected at the same locationdocumented radium-226 levels up to 285 dpm /100 cm2, which exceeds the RG 1.86 guidance forradium contamination of 20 dpm /100 cm2. Direct radiation measurements taken in the structureindicated radiation dose rates up to 5,000 u.R/hr, which is two and one half times the acceptablelimits prescribed by the State of California for unlicenced facilities (17 C.C.R. §30253(a)).
On February 8, 1999, the CADHS issued a Cease and Desist Order for violation of CHSC§115165 to PAI. The order stated, pursuant CHSC §115150, that PAI was to cease removingradioactive objects from the Site. This order stopped the sales operations of PAI,
In 1999, the LACODHS requested technical assistance from the U.S. EPA in theassessment of PAI. U.S. EPA conducted a brief preliminary removal assessment anddocumented elevated levels of radiation on the Site and at the Site perimeter. On-SceneCoordinator (OSC) D. Suter directed PAI to move several items identified as containingsignificant elevated levels of radiation away from the fence-line. At the time of the assessment,CADHS was pursuing its own enforcement activities against PAI and did not request further U.S.EPA involvement.
On February 2, 2001, CADHS issued a second order, this time pursuant to CHSC§115185. This order included more potentially responsible parties: Jeffery Pearson for PAI; JoanGregg, Todd Showalter, Gwynn S. Stastnyr as trustees for the land owner; and Alec Faulks, asthe former owner of PAP (collectively, the "PRPs"). The Order directed the PRPs to ceaseoperations and occupancy of the Site, to dispose of all non-intact gauges and to decontaminatethe Burbank Boulevard property structure. The Order required the PRPs to characterize the PAISite and provide a work plan for the characterization and remediation of the Site. The PRPs didnot comply with the Order.
On June 3, 2004, the U.S. EPA sent a letter to the CADHS, Radiological Health Branchnotifying the State of the Agency's intent to conduct response actions to mitigate the imminentand substantial endangerment threats posed to human health and the environment by the PAISite. On June 4, 2004, Joe Perez, Assistant Division Chief for the State Office of Food, Drugand Radiation Safety orally requested U.S. EPA's assistance at the Site and waived thenotification requirements of Section 128 of CERCLA.
III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT,AND STATUTORY AND REGULATORY AUTHORITIES
A. Threats to Public Health, or Welfare or the Environment
Conditions at the PAI Site present a release and the potential threat of release of aCERCLA hazardous substance threatening to public health, or welfare, or the environment basedupon factors set forth in 40 C.F.R. § 300.415(b)(2) of the National Oil and Hazardous SubstancesPollution Contingency Plan (NCP). These factors include:
1. Actual or potential exposure to hazardous substances or pollutants or contaminantsby nearby populations or the food chain.
This factor is present at the facility due to the presence of Radium-226 and its progenyRadon-222, mercury, and PCBs found in aircraft gauges and electrical equipment on-site. U.S.EPA estimates that there are in excess of 1,000,000 aircraft gauges within the Site (SeeAttachment C). The number of gauges and items massed together in the Burbank Boulevardstructure and in the outdoor storage yard create high levels of radiation. The site is located acrossthe street from a residential neighborhood, and adjacent to other commercial businesses.Although the site is fenced and the windows of the buildings boarded-up, local residents havereported that trespass and vandalism has taken place on several occasions. Through communityinvolvement efforts, it has been reported that one radium dial gauge has been observed in a localresidents home. Neighbors have also reported that vagrants have been seen leaving the buildingwith boxes and other material. Continued unauthorized^access may result in personal exposureto radium/radon in excess of regulatory dose limits, and removal and migration of radioactivematerials from the Site. There have been reports of fires in the past. Should vandals set anotherfire to the facility, the neighboring homes and businesses could be directly impacted from smokecontaining radioactive particulates.
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In the course of similar response actions, U.S. EPA has found other hazardous substancespresent in such gauges, including cadmium bolts and ether compounds. At the Site, U.S. EPAobserved mercury in manometer gauges. Although the amount of material in each dial is small,the number of gauges may result in a large quantity of such other hazardous substances. Finally,there are a number of compressed gas cylinders on-Site, and a large number of vintage electricaldevices. The contents of the cylinders presently is unknown and will need to be determined.U.S. EPA expects that the electrical devices may contain PCB dielectric fluids.
Radium-226 and Radon-222 are considered carcinogens. Mercury poses threats throughinhalation and ingestion which can result in neurological, kidney, and liver damage, and behaviorand learning problems. PCBs are a suspected carcinogen and presents toxic threats throughdirect contact and ingestion. Methyl isobutyl ketone is a Resource Conservation and RecoveryAct (RCRA) U-listed waste. Radium-226, radon-222, mercury, and PCBs are hazardoussubstances under section 101(14) of CERCLA.
2. High levels of hazardous substances or pollutants or contaminants in soils at or nearthe surface, that may migrate.
This factor is present at the facility due to elevated levels of radium-226 and its progenythat are continuing to migrate from the dials to form contaminated dust and debris, which maymigrate out of the building and off-site. A survey of the asphalt surface outside the westernfence-line of the storage yard identified one area that was three times above background radiationlevels. Further assessment of this area will need to be conducted to determine if there is furthermigration of radioactivity from the yard.
Radioactive contamination has been detected on the roof vents of the Burbank Boulevardstructure. Additional monitoring will be conducted to determine if radioactive materials havebeen migrating off-Site by conducting wipe sampling of the roof and air sampling for totalradiation and radon-222.
Gamma radiation was observed in the storage yard up to 4,000 u.R/hr., and at the westernsidewalk ranging from 30-400
3. Weather conditions that may cause hazardous substances or pollutants orcontaminants to migrate or be released.
This factor is present at the facility because of the materials in the yard are open andexposed to the natural elements. Surface water run-off from heavy precipitation could causeradioactive materials to migrate off-site. Radioactive materials in the southern portion of thestorage yard were covered with plastic sheeting by U.S. EPA as a stabilization measure toprevent the release and migration of contaminants. Because of the amount of soil, debris anddust in the yard, wind may move some radium contaminated materials off-site.
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4. Threat of fire or explosion.
This factor is present at the facility due to the vast amount of paper and wood debrisscattered across the site. Site access is not completely restricted, and trespass and vandalism hasoccurred. According to local officials and neighbors, fires have occurred at the facility sometimearound 1996. The roof of the Burbank Boulevard structure is constructed of wood, as are muchof the office areas within the building. The shelving and other storage areas have large amountsof old cardboard and other combustible materials. Other rooms in the building are so packedwith gauges and debris that if a fire did occur, it would progress rapidly due to amount ofcombustible fuel. In other areas of the building, debris, gauges, cardboard, and other materialsare piled on the floor. Any fire, including one originating by electrical means or vandals, wouldengulf the building in minutes. Organic ethers within the gauges, when exposed to oxygen, mayform shock sensitive peroxide compounds subject to auto-detonation. Additionally, the outsidestorage yard contains a shed and trailer filled with other combustible materials and diesel fuel.The yard is packed with combustible wood crates and cardboard boxes contaminated withradiation. If a fire were to occur, the aluminum from the gauges will intensify the fire, andmaterials containing or contaminated with radium-226 would be released into the air. The smokefrom the fire would contain radioactive particulates and create an inhalation hazard to theneighboring homes and businesses. Until all flammable and combustible materials have beenremoved from the PAI Site, the potential for fire and explosion remains high.
5. Availability of other appropriate Federal or State response mechanisms to respondto the release.
This factor supports the actions proposed in this Memorandum because the CA DHS doesnot have the financial resources to respond to this time-critical response action. The CaliforniaDepartment of Toxic Substance Control (DTSC) funds may not be used for response actionsinvolving the cleanup of radioactive materials.
Because the aircraft gauges may have come from federal military sources, U.S. EPA isinvestigating the availability of other federal response resources. None have been identified atthis time. Given the imminent and substantial endangerment posed by radioactive materials atthe PAI Site, the U.S. EPA has decided to act to protect human health and the environment. TheU.S. EPA has notified the United States Department of Justice so that, if U.S. EPA must performa fund lead response, U.S. EPA may seek cost reimbursement from other potential federalsources.
B. Threats to the Environment
Radium-226 and its decay progeny are currently being released to the environment fromthe Burbank Boulevard structure and from gauges and other items in the outside yard. As statedin Section A.2 above, one radiation survey has revealed that contamination has migrated outsidethe western boundary of the site. Surface water run-off from the site could result in the release ofradium to surrounding soils, which then could result in uptake into plants and grass in the
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surrounding neighborhood. Precipitation runoff also could cause radioactive contaminants torelease into the public storm water management system which drains into the Los Angeles River.The Los Angeles River contains sensitive habitats.
IV. ENDANGERMENT DETERMINATION
The current site conditions, the presence of radium-226 and its progenies such as radon-22, pose serious threats to human health and the environment through direct contact, inhalation,and ingestion. Radium and its progeny are listed hazardous substances under the NCP and 40C.F.R. § 302.4, Appendix B, and are hazardous substances under section 101(14) of CERCLA.
Actual releases of hazardous substances from this Site continue to present an imminentand substantial endangerment to public health, welfare, or the environment. If the proposedremoval action is not taken to reduce, abate and prevent releases to the environment from thisSite, as described in this memorandum, the continued and perhaps exacerbated release of radiumwill endanger public health and welfare, and the environment.
V. EXEMPTION FROM STATUTORY LIMITS
U.S. EPA anticipates that the proposed removal action will cost in excess of $2,000,000.Subject to exceptions, 42 U.S.C. § 9604(c)(l) limits the cost of a removal action to $2,000,000.Pursuant to U.S. EPA delegations 14-2 and R9 1290.03A, the Regional Administrator isauthorized to determine whether an exception from this statutory limitation is warranted;however, the delegation of authority requires a written authorization from the AssistantAdministrator of U.S. EPA's Office of Solid Waste and Emergency Response for removalactions that may exceed $6,000,000. U.S. EPA Region 9 believes that, consistent with thestandards for exception stated in 42 U.S.C. § 9604(c)(l)(A) and 40 C.F.R. § 300.415(b)(5), anexception to the cost limit for removal actions is warranted for the following reasons:
1. There is an Immediate Risk to Public Health or Welfare or the Environment.
The actual or threatened releases of hazardous substances present a threat of exposure tothe surrounding public and the environment to radium-226 and its progeny. In addition, largequantities of these hazardous substances have been placed and inappropriately managed in closeproximity to residential properties, adjoining businesses and a major public street. The PAI Sitecontinues to present an immediate threat of release to the environment and an emergencyexemption is warranted based on the deteriorating conditions at this un-managed facility.
2. Continued Response Actions are Immediately Required to Prevent, Limit, orMitigate an Emergency.
If immediate actions are not taken to reduce, abate, and prevent discharges from thePreservation Aviation Site, then further damage to human health and the environment willcontinue from the release of radium-226. The wooden and cardboard boxes containing
13
radioactive gauges are in rapidly deteriorating condition, and have and will continue to release tothe environment causing further contamination. Several fires have already occurred at thefacility, and an immediate threat exists to the surrounding public from the potential for arson atthe site and the potential for release of radioactive materials due to a fire at the site. As part ofthe security and stabilization measures taken, a security service has been employed to controlaccess and keep the Site reasonably secure; however, U.S. EPA cannot guarantee that no releaseof hazardous substances caused by fire or vandalism will occur until the hazardous substancesare removed from the Site.
3. Assistance will not otherwise be provided on a timely basis.
As stated above, DTSC, LACODHS and the CADHS do not have the financial resourcesto undertake the necessary removal action as described in this Action Memorandum. An ongoingthreat to the public health, welfare, and the environment continues because of the lack ofresources available by the state and local governments. The U.S. EPA is actively investigatingthe potential for liability at the PAI Site by other private and federal parties. Because of thesignificant time needed to complete the investigation and negotiation of a separate federalresponse, and because of the imminent threats posed by the uncontrolled radioactive material atthe Site, immediate response actions are necessary to mitigate the potential for continued releaseof these hazardous substances from the Site. If a federal party is determined to be liable for thecosts of response, U.S. EPA will negotiate reimbursement of response costs.
An exemption from the $2 Million Statutory Limit is justifiable under 40 C.F.R. §300.415(b)(5)(i), which provides that the exemption is appropriate when: there is an immediaterisk to public health or welfare or the environment; continued response actions are immediatelyrequired to prevent, limit, or mitigate an emergency; and such assistance will not,otherwise beprovided on a timely basis. As stated in this memorandum, there is an immediate risk posed bythe conditions at the site and an emergency exemption to the $2 Million Statutory Limit isnecessary to abate these threats.
VI. PROPOSED ACTIONS AND ESTIMATED COSTS
A. Proposed Actions
1. Proposed action description
The purpose of this removal action is to mitigate the threats posed to public health orwelfare or the environment by the presence of uncontrolled hazardous substances includingradium, radon, mercury, methyl isobutyl ketone and PCBs at the PAI Site. Removal activities atthe site are to include: the characterization and removal pf all radium containing aircraft gaugesand equipment; and, the off-site transportation and disposal of identified hazardous substancesand wastes and contaminated media (brick, concrete, metal, plastic, soil). Specifically, thefollowing activities are proposed:
14
• Develop and implement a site specific work plan including a time-line ofactivities;
• Establish support and decontamination facilities;• Develop and implement a site specific radiation health and safety plan;• Provide site security measures;• Develop and implement an air monitoring and sampling and analysis program to
ensure there is no off-site release of radium and radon;• Removal of all gauges, assorted items, and debris from the north yard. Gauges
will be segregated into radioactive wastes, hazardous waste, mixed waste andnon-hazardous materials. Gauges will be disposed of according to the wastecategory. All debris in the yard will be surveyed for radioactive contaminationand disposed of accordingly;
• Remove all gauges and debris from the Burbank Boulevard structure asradioactive waste;
• Assess the residual radioactive contamination in the Burbank Boulevard building,conduct treatability studies, and carry out building decontamination or demolitionstrategies if necessary;
• Decontaminate Riverton Avenue building floor and storage yard;• Conduct a subsurface assessment and perform subsurface removal of
contamination (if necessary);• Transport and dispose of all characterized or identified hazardous substances,
pollutants, wastes, or contaminants at a disposal facility in accordance with theU.S. EPA Off-Site Rule, 40 C.F.R. § 300.440.
2. Contribution to remedial performance
Long-term remedial action at this Site is not anticipated. It is expected that this removalaction will eliminate all threats of direct or indirect contact, combustion or inhalation ofhazardous substances at the PAI Site. There is no known groundwater contamination at the Site,and U.S. EPA considers it unlikely that significant groundwater contamination exists.Consequently, U.S. EPA considers this a final action for the PAI Site.
3. Description of alternative technologies
Alternative technologies will be evaluated to determine the safest and most cost efficientmanner in which to address building decontamination.
Disposal and/or treatment methods for radioactive waste generated from the PAI Site arecurrently being evaluated. However, it is anticipated that the radioactive waste will be sent to anappropriate facility to be landfilled.
4. Applicable or relevant and appropriate requirements (ARARs)
Section 300.415(j) of the NCP provides that removal actions must attain ARARs to the
15
extent practicable, considering the exigencies of the situation.
Section 300.5 of the NCP defines applicable requirements as cleanup standards, standardsof control, and other substantive environmental protection requirements, criteria or limitationspromulgated under Federal environmental or State environmental or facility siting laws thatspecifically address a hazardous substance, pollutant, contaminant, remedial action, location orother circumstances at a CERCLA Site.
Section 300.5 of the NCP defines relevant and appropriate requirements as cleanupstandards, standards of control and other substantive requirements, criteria, or limitationspromulgated under federal environmental or State environmental or facility siting laws that, whilenot "applicable" to a hazardous substance, pollutant, or contaminant, remedial action, location, orother circumstances at a CERCLA site, address problems or situations sufficiently similar to thoseencountered at the CERCLA site and are well-suited to the particular site.
Because CERCLA on-Site response actions do not require permitting, only substantiverequirements are considered as possible ARARs. Administrative requirements such as approvalof, or consultation with administrative bodies, issuance of permits, documentation, reporting,record keeping, and enforcement are not ARARs for the CERCLA sections confined to the Site.
Only those State standards that are identified by a State in a timely manner and are morestringent than federal requirements may be applicable or relevant and appropriate. The State hasnot directly identified State ARARs at this time, however, the state regulations listed below willbe considered.
The following ARARs have been identified for the proposed response action. All can beattained.
Federal ARARs: The RCRA Land Disposal Restrictions, 40 C.F.R. 268.40 Subpart Dimplemented through Title 22 Section 66268.40; RG 1.86: Termination of Operating Licenses forNuclear Reactors; 10 C.F.R. Part 20 Subpart C: Occupational Dose Limits; and 10 C.F.R. Part 20Subpart E: Radiological Criterial for License Termination.
State ARARs: Title 22, California Code of Regulations (C.C.R.) Article 3:Characteristics of Hazardous Waste; Title 22 C.C.R. Article 4: Lists of Hazardous Wastes; Title22 C.C.R. Article 5: Categories of Hazardous Waste and 17 C.C.R. 30253: Standards forProtection Against Radiation.
5. Project schedule
#"
It is estimated that the proposed removal activities will require another 180 on-siteworking days to complete the removal of all radioactive materials identified on-site.
16
B. Estimated Costs
Regional Removal Allowance Costs
Cleanup Contractor $5,442,611
START Contractor $ 500,000
Pacific Strike Team $ 300.000
Extramural Subtotal $ 6,242,611
Extramural Contingency (20%) $ 1.248.522
TOTAL, Removal Action Project Ceiling $ 7,491,133
VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYEDOR NOT TAKEN
Given the Site conditions, the nature of the hazardous substances documented on Site, andthe potential exposure pathways to nearby populations described in this memorandum, actual orthreatened releases of hazardous substances from the Preservation Aviation Site, if not addressedby implementing the response actions proposed in this memorandum, may present an imminentand substantial endangerment to public health, or welfare, or the environment. As stated inSection V of this memorandum, Site conditions constitute an immediate risk to public health thatrequires abatement as an exception to the statutory response cost limitation.
VII. OUTSTANDING POLICY ISSUES
There are no outstanding policy issues presented by this Site.
VIII. ENFORCEMENT
Please see the attached Confidential Enforcement Addendum for a discussion regardingpotentially responsible parties. In addition to the extramural costs estimated for the proposedaction, a cost recovery enforcement action also may recover the following intramural costs:
17
Intramural Costs3
U.S. EPA Direct Costs
U.S. EPA Indirect Costs (38.03%)
TOTAL Intramural Costs
$ 120,000
$2.894.514
$3,014,514
The total EPA extramural and intramural costs for this removal action, based on full-costaccounting practices, that will be eligible for cost recovery are estimated to be $10,505,647.
IX. RECOMMENDATION
This decision document represents the selected removal action for the PreservationAviation Site developed in accordance with CERCLA, as amended, and is not inconsistent withthe NCP. This decision is based on the Administrative Record for the Site. The Index for theAdministrative Record for the site is listed in Attachment E.
Conditions at the Site meet the NCP criteria for a removal action under 40 C.F.R. §300.415 (b) (2), and the exemption from the response cost limitation of $2,000,000, pursuant to42 U.S.C. § 9604(c)(l) and 40 C.F.R. § 300.415(b)(5). I recommend your approval of theproposed removal action and the $2 million exemption. The total project ceiling if approved willbe $10,505,647, of which an estimated $7,491,133 will be funded from the FY04 andFY05Regional removal allowance.
Approve:Thomas P. DunneActing Assistant AdministratorOffice of Solid Waste and Emergency Response
Date
Disapprove:Thomas P. DunneActing Assistant AdministratorOffice of Solid Waste and Emergency Response
Date
1.Direct costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirectcost rate expressed as a percentage of site-specific direct costs, consistent with the full cost accounting methodology effective October 2, 2000These estimates do not include pre-judgement interest, do not take into account other enforcement costs, including Department of Justice costs,and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only and their use is not intended to createany rights for responsible parties. Neither the lack of a total cost estimate nor deviation of actual costs from this estimate will affect the UnitedStates' right to cost recovery.
18
Enforcement AddendumAttachments
A: U.S. Atomic Energy CommissionRegulatory Guide 1.86
B: PhotographsC: Wipe and Radon Sample ResultsD: Administrative Record Index
Tables1. Radiation Survey Results, May 2004
Figures1. Site Location Map2. Surrounding Land Use Area Map3. Site Layout4. Northern Building Layout
cc: Lisa Boynton, U.S. EPA, OEPPR, 5202-GDirector, California Department of Toxic Substances ControlDirector, California Department of Health ServicesRadiological Health Branch w/o Enf. AddendumU.S. Department of the Interior w/o Enf. Addendum
19
AJune 1974
U.S. ATOMIC ENERGY COMMISSION
REGULATORY GUIDEW DIRECTORATE OF REGULATORY STANDARDS
REGULATORY GUIDE 1.86
TERMINATION OF OPERATING LICENSESFOR NUCLEAR REACTORS
A. INTRODUCTION
Section 50.51, "Duration of license, renewal," of 10CFR Part 50, "Licensing of Production and UtilizationFacilities," requires that each license to operate aproduction and utilization facility be issued for aspecified duration. Upon expiration of the specifiedperiod, the license may be either renewed or terminatedby the Commission. Section 50.82, "Applications fortermination of licenses," specifies the requirements thatmust be satisfied to terminate an operating license,including the requirement that the dismantlement of thefacility and disposal- of the component parts not beinimical to the common defense and security or to thehealth and safety of the public. This guide describesmethods and procedures considered acceptable by theRegulatory staff for the termination of operatinglicenses for nuclear reactors. The Advisory Committeeon Reactor Safeguards has been consulted concerningthis guide and has concurred in the regulatory position.
B. DISCUSSION
When a licensee decides to terminate his nuclearreactor operating license, he may, as a first step in the^process, request that his operating license be amended torestrict him to possess but not operate the facility. Theadvantage to the licensee of converting to such apossession-only license is. reduced surveillance require-ments in that periodic surveillance of'equipment im-portant to the safety of .reactor operation is no longerrequired. Once this possession-only license is issued,reactor operation is not permitted. Other activitiesrelated to cessation of operations such at unloading fuelfrom the reactor and placing it in storage (either onsiteof offsite) may be continued.
A licensee having a possession-only license mustretain, with the Part 50 license, authorization for specialnuclear material (10 CFR Part 70, "Special NuclearMaterial"), byproduct material (10 CFR Part 30, "Rulesof General Applicability to Licensing of ByproductMaterial"), and source material (10 CFR Part 40,"Licensing of Source Material"), until the fuel, radio-active components, and sources are removed- from thefacility. Appropriate administrative controls and facilityrequirements are imposed by the Part 50 license and thetechnical specifications to assure that proper surveillanceis performed and that the reactor facility is maintainedin a safe condition and not operated.
A possession-only license permits various options andprocedures for decommissioning, such as mothballing,entombment, or dismantling. The requirements imposeddepend on the option selected.
Section 50.82 provides that the licensee may dis-mantle and dispose of the component parts of a nuclearreactor in accordance with existing regulations. Forresearch reactors and critical facilities, this has usuallymeant the disassembly of a reactor and its shipmentoffsite, sometimes to another appropriately licensedorganization for further use. The site from which areactor has been removed must be decontaminated, asnecessary, and inspected by the Commission to deter-mine whether unrestricted access can be approved. Inthe case of nuclear power reactors, dismantling hasusually been accomplished by shipping fuel offsite,making the reactor inoperable, and disposing of some ofthe radioactive components.
Radioactive components may be either shipped off-site for burial at an authorized burial ground or secured
USAEC REGULATORY GUIDES
Regulatory Guide* ere Issued to describe and make available to the publicmethoch acceptable to th« AEC Rtgulttory siaff of implementing specific pirn ofIhe Commission's regulations, to delineate techniques w*ed by the >**'* >nevaluating specific problems or postulated accidents, or to provide guidance toa£a)licana. Regulatory Guides ere. not substitutes for regulations and compliancewith them b not required. Methods and solution* different from those set out tnthe- guide* will be acceptable if they provide a basis for the findings requisite tothe iasuance or continuance of a permit or license by the Commission,
Published guides will be revised periodically, as appropriate, to accommodatecommon** and to rtflect new information or experience.
Copies of published guides may be obtained by request indicating the division!desired to the U.S. Atomic Energy Commission, Washington, D£. 20545,Attention: Director of Regulatory Standards. Comment! end tuggeitions forimprovements In these guides are encouraged end should be sent to the Secretaryof (he Commlsiion, US. Atomic Eneiyy Commission, Washington, D.C. 20545,Attention: Chief, Public Proceedings Suff.
The guides «re Issued in the following tin broad division!:
1. Power Reactor*2. Research and Test Reactors3. Fuels end Materials Facilities4. Environmental and Siting5. Material) and Plant Protection
6. Products7. TransportationB. Occupational Health9. Antitrust Review
10. General
on the site. Those radioactive materials remaining pn thesite must be isolated from the public by physical barriersor other means to prevent public access to hazardouslevels of radiation. Surveillance is necessary to assure thelong term integrity of the barriers. The amount ofsurveillance required depends upon (I) the potentialhazard to the health and safety of the public fromradioactive material remaining on the site and (2) theintegrity of the physical barriers. Before areas may bereleased for unrestricted use, they must have beendecontaminated or the radioactivity must have decayedto less than prescribed limits (Table 1).
The hazard associated with the retired facility isevaluated by considering the amount and type ofremaining contamination, the degree of confinement ofthe remaining radioactive materials, the physical securityprovided by the confinement, the susceptibility torelease of radiation as a result of natural phenomena,and the duration of required surveillance,
C. REGULATORY POSITION
1. APPLICATION FOR A LICENSE TO POSSESS BUTNOT OPERATE (POSSESSION-ONLY LICENSE)
A request to amend an operating license to apossession-only license should be made to the Directorof Licensing, U.S. Atomic Energy Commission, Washing-ton, D.C, 20545. The request should include thefollowing information:
a. A description of the current status of the facility,
b. A description of measures that will be taken toprevent crltlcality or reactivity changes and to minimizereleases of radioactivity from the facility.
c. Any proposed changes to the technical specifica-tions that reflect the possession-only facility status andthe necessary disassembly/retirement activities to beperformed,
d. A safety analysis of both the activities to beaccomplished and the proposed changes to the technicalspecifications.
e. An inventory of activated materials and theirlocation in the facility.
2. ALTERNATIVES FOR REACTOR RETIREMENT
Four alternatives for retirement of nuclear reactorfacib'ties are considered acceptable by the Regulatorystaff. These are:
a. MothbaJIing. Mothballing of a nuclear reactorfacility consists of putting the facility in a state ofprotective storage. In general, the facility may be leftintact except that all fuel assemblies and the radioactive
fluids and waste should be removed from the site.Adequate radiation monitoring, environmental surveil-lance, and appropriate security procedures should beestablished under a possession-only license to ensure thatthe health and safety of the public is not endangered,
b. In-Place Entombment. In-place entombment con-sists of sealing all the remaining highly radioactive orcontaminated components (e.g., the pressure vessel andreactor internals) within a structure integral with thebiological shield after having all fuel assemblies, radio-active fluids and wastes, and certain selected com-ponents shipped offsite. The structure should provideintegrity over the period of time in which significantquantities (greater than Table I levels) of radioactivityremain with the material in the entombment. Anappropriate and continuing surveillance program shouldbe established under a possession-only license.
c. Removal of Radioactive Components and Dis-mantling. All fuel assemblies, radioactive fluids andwaste, and other materials having activities above ac-cepted unrestricted activity levels (Table I) should beremoved from the site, The facility owner may then haveunrestricted use of the site with no requirement for alicense. If the facility owner so desires, the remainder ofthe reactor facility may be dismantled and all vestigesremoved and disposed of.
d. Conversion to a New Nuclear System or a FossilFuel System. This alternative, which applies only tonuclear power plants, utilizes the existing turbine systemwith a new steam supply system. The original nuclearsteam supply system should be separated from theelectric generating system and disposed of in accordancewith one of the previous three retirement alternatives.
3. SURVEILLANCE AND SECURITY FOR THE RE-TIREMENT ALTERNATIVES WHOSE FINALSTATUS REQUIRES A POSSESSION-ONLYLICENSE
A facility which has been licensed under a posses-sion-only license may contain a significant amount ofradioactivity in the form of activated and contaminatedhardware and structural materials. Surveillance andcommensurate security should be provided to assure thatthe public health and safety are not endangered.
a. Physical security to prevent inadvertent exposureof personnel should be provided by multiple lockedbarriers. The presence of these barriers should make itextremely difficult for an unauthorized person to gainaccess to areas where radiation or contamination levelsexceed those specified in Regulatory Position C.4, Toprevent inadvertent exposure, radiation areas above 5mR/hr, such as near the activated primary system of apower plant, should be appropriately marked and shouldnot be accessible except by cutting of welded closures orthe disassembly and removal of substantial structures
1,86-2
and/or shielding material. Means such as a lemc-te-icadout intrusion alarm system should be provided toindicate to designated personnel when a physical barrieris penetrated. Security personnel that provide accesscontrol to the facility may be used instead of thephysical barriers and the intrusion alarm systems,
b. The physical barriers to unauthorized entranceinto the facility, e.g., fences, buildings, welded doors,and access openings, should be inspected at leastquarterly to assure that these barriers have not deterior-ated and that locks and locking apparatus are intact.
c. A facility radiation survey should be performed atleast quarterly to verify that no radioactive material isescaping or being transported through the containmentbarriers in (he facility. Sampling should be done alongthe most probable path by which radioactive materialsuch as that stored in the inner containment regionscould be transported to the outer regions of the facilityand ultimately to the environs.
d. An environmental radiation survey should beperformed at least semiannually to verify that nosignficant amounts of radiation have been released to theenvironment from the facility. Samples such as soil,vegetation, and water should be taken at locations forwhich statistical data has been established during reactoroperations.
e. A site representative should be designated to beresponsible for controlling authorized access into andmovement within the facility.
f. Administrative procedures should be establishedfor the notification, and reporting of abnormal occur-rences such as (1) the entrance of an unauthorizedperson or persons into the facility and (2) a significantchange in the radiation or contamination levels In thefacility or the offsite environment.
g. The following reports should be made:
(1) An annual report to the Director of Licensing,U.S. Atomic Energy Commission, Washington, D.C.20545, describing the results of the environmental andfacility radiation surveys, the status of the facility, andan evaluation of the performance of security andsurveillance measures.
(2) An abnormal occurrence report to the Regula-tory Operations Regional Office by telephone within 24hours of discovery of an abnormal occurrence. Theabnormal occurrence will also be reported in the annualreport described in the preceding item,
h, Records or logs relative to the following itemsshould be kept and retained until the license is termi-nated, after which they may be stored with other plantrecords:
(1) Environmental surveys;
(2) Facility radiation surveys,
(3) Inspections of the physical barriers, and
(4) Abnormal occurrences.
4. DECONTAMINATION FOR RELEASE FOR UN-RESTRICTED USE
If it is desired to terminate a license and to eliminateany further surveillance requirements, the facility shouldbe sufficiently decontaminated to prevent risk to thepublic health and safety. After the decontamination issatisfactorily accomplished and the site inspected bythe Commission, the Commission may authorize thelicense to be terminated and the facility abandoned orreleased for unrestricted use. The licensee should per-form the decontamination using the following guide-lines:
a. The licensee should make a reasonable effort toeliminate residual contamination.
b. No covering should be applied to radioactivesurfaces of equipment or structures by paint, plating, orother covering material until it is known that contamina-tion levels (determined by a survey and documented) arebelow the limits specified in Table I. Iri addition, areasonable effort should be made (and documented) tofurther minimize contamination prior to any suchcovering.
c. The radioactivity of the interior surfaces of pipes,drain lines, or ductwork should be determined bymaking measurements at all traps and other appropriateaccess points, provided contamination at these locationsis likely to be representative of contamination on theinterior of the pipes, drain lines, or ductwork. Surfacesof premises, equipment, or scrap which are likely to becontaminated but are of such size, construction, orlocation as to make the surface inaccessible for purposesof measurement should be assumed to be contaminatedin excess of the permissable radiation limits.
d. Upon request, the Commission may authorize alicensee to relinquish possession or control of premises,equipment, or scrap having surfaces contaminated inexcess of the limits specified. This may include, but isnot limited to, special circumstances such as the transferof premises to another licensed organization that willcontinue to work with radioactive materials, Requestsfor such authorization should provide:
(1) Detailed, specific information describing thepremises, equipment, scrap, and radioactive contami-nants and the nature, extent, and degree of residualsurface contamination.
1.86-3
(2) A detailed health and safety analysis indi-cating that the residual amounts of materials on surfaceareas, together with other considerations.such as theprospective use of the premises, equipment, or scrap, areunlikely to result in an unreasonable risk to the healthand safety of the public.
e. Prior to release of the premises for unrestricteduse, the licensee should make a comprehensive radiationsurvey establishing that contamination is within thelimits specified in Table I, A survey report should befiled with the Director of Licensing, U.S. Atomic EnergyCommission, Washington, D.C. 20545, with a copy tothe Director of the Regulatory Operations RegionalOffice having jurisdiction. The report should be filed atleast 30 days prior to the planned date of abandonment.The survey report should:
(1) Identify the premises;
(2) Show that reasonable effort has been rnad« toreduce residual contamination to as low as practicablelevels;
(3) Describe the scope of the survey and thegeneral procedures followed; and
(4) State the finding of the survey in unitsspecified in Table 1.
After review of the report, the Commission mayinspect the facilities to confirm the survey prior togranting approval for abandonment.
5. REACTOR RETIREMENT PROCEDURES
As indicated in Regulatory Position C.2, severalalternatives are acceptibie for reactor facility retirement.If minor disassembly or "mothballing" is planned, thiscould be done by the existing. operating and mainte-nance procedures under the license in effect. Anyplanned actions involving an unreviewed safety question
or a change in the technical specifications should bereviewed and approved in accordance with the require-ments of 10 CFR §50.59.
If major structural changes to radioactive componentsof the facility are planned, such as removal of thepressure vessel or major components of the primarysystem, a dismantlement plan including the informationrequired by §50.82 should be submitted to the Commis-sion. A dismantlement plan should be submitted for allthe alternatives of Regulatory Position C.2 exceptmothballing. However, minor disassembly activities maystill be performed in the absence of such a plan,provided they are permitted by existing operating andmaintenance procedures. A dismantlement plan shouldinclude the following:
a. A description of the ultimate status of the facility
b. A description of the dismantling activities and theprecautions to be taken.
c. A safety analysis of the dismantling activitiesincluding any effluents which may be released.
d. A safety analysis of the facility in its ultimatestatus.
Upon satisfactory review and approval of tjie dis-mantling plan, a dismantling order is issued by theCommission in accordance with §50.82. When dis-mantling is completed and the Commission has beennotified by letter, the appropriate Regulatory Opera-tions Regional Office inspects the facility and verifiescompletion in accordance with the dismantlement plan.If residual radiation levels do not exceed the values inTable I, the Commission may terminate the license. Ifthese levels are exceeded, the licensee retains thepossession-only license under which the dismantlingactivities have been conducted or, as an alternative, maymake application to the State (if an Agreement State)for a byproduct materials license.
1.86-4
TABLE I
ACCEPTABLE SURFACE CONTAMINATION LEVELS
NUCLIDE3
U-nat,U-235,U-238,andassociated decay products
Transuranics, Ra-226, Ra-228,Th-230,Th-228,Pa-231,Ac-227, 1-125, 1-129
Th-nat,Th-232,Sr-90,Ra-223, Ra-224, U-232,M26, 1-131, 1-133
Beta-gamma emitters (nuclideswith decay modes other than alphaemission or spontaneous fission)except Sr-90 and others noted above.
AVERAGE13 c
5, 000 dpm a/ 100 cm2
100 dpm/ 100 cm2
1000 dpm/100 cm2
SOOOdpm/3-r/lOOcm2
MAXIMUMb d
15, 000 dpm a/ 100 cm2
300 dpm/100 cm2
3000 dpm/100 cm2
15,000 dpm 0-7/100 cm2
REMOVABLE15 e
1,000 dpm a/ 100 cm2
20 dpm/ 1 00 cm2
200 dpm/100 cm2
1000 dpm (3-7/1 00 cm2
'Where surface contamination by both alpha- and beta-gamma-emitting nuclides exists, the limits established for alpha- andbeu-gamma-tmitting nuclides should apply independently.
bAs used in this table, dpm (disintegrations per minute) means the rate of emission by radioactive material as determined by cortectingthe counts per minute observed by an appropriate detector for background, efficiency, and geometric factors associated with theinstrumentation.
''Measurements of average contaminant should not be averaged over more than 1 square meter. Fot objects of less suiface area, theaverage should be derived for each such object.
dThe maximum contamination level applies to an area of not more than 100 cm2.'The amount of removable radioactive material per 100 cm^ of surface area should be determined by wiping that area with dry filter or
soft absorbent paper, applying moderate pressure, and assessing the amount of radioactive material on the wipe with an appropriateinstrument of known efficiency. When removable contamination on objects of less surface area is determined, the pertinent levelsshould be reduced proportionally and the entire surfact should be wiped.
1.86-5
ATTACHMENT B:
PHOTOGRAPHS
27
Overall view of the site, facing south.
Photographer START Date: May 29, 2004
The rear of Preservation Aviation before the EPA entry showing scattered debris. Surprisingly, the garage doors were unlocked.Photographer: START Date: May 19, 2004
The initial EPA entry team begins a tour of the outside and inside.Photographer: START Date: May 19, 2004
Some aircraft gauges are organized in boxes. All of the areas showed extensive radioactive contamination.The START conducting an alpha radiation survey in the north building.Photographer; START Date: May 19, 2004
Many gauges are packed tightly between rows of other gauges. Here a team member collects a swipe sample.Photographer: START Date: May 19, 2004
Storage areas in the north building. Row after row after row of shelving and piled up gauges, along with other itemsare tightly packed into the property.Photographer: USEPAOR1A Date: May 19, 2004
Storage areas inside the north building. Note the amount of material. Each drawer contains gauges and other items. In manyareas, gauges and other parts are stacked to the ceiling.Photographer: USEPAOR1A Date- May 19, 2004
A shot of the ceiling (wood) - heavily dusted and contaminated. Note the large quantity of material in the north building.Photographer: USEPAOR1A Date: may 19, 2004
Assessment of the north building. Note the large amount of material packed ciosely together, each cardboarddrawer contains gauges.Photographer: USEPAOR1A Date: May 19, 2004
Gauges still in the original packaging from DOD auctions in the north building.Photographer: USEPA OR1A ~ Date: May 19, 2004
Gauges in the north yard. Note the deterioration of the storage units. Many of the gauges and other items are in the same surpluscontainers in which they were sold over 40 years ago.Photographer: START Date: June 19, 2004
North storage yard. The outside area is littered with gauges and other debris. Fire potential is high.Photographer: START Date: May 19, 2004
J I
A pile of melted aircraft gauges show past evidence of a fire at the facility. Other marks on the building and other boxes show firedamage. The paint mark means the entry team found the debris to be radioactive.Photographer: START Date: May 30, 2004
Gauges in the north yard. Box indicated by arrow was at 2,000 uR/hr. Cans along west wall contain gauges to a B-29 Bomber.Photographer: START Date: May 19, 2004
Separated by only a wall is a next-door business which makes custom draperies and window dressings Theycould see the Preservation Aviation business through the fence but didn't realty understand what it was' Gammaexposure dose rate at the perimeter fence line at 400 uR/hr.
Photographer; USEPA ORIA Date: May 19, 2004
Radioactive gauges that were repacked during the emergency stabilization action, May 27 - 30, 2004 and stagedin the south yard.Photographer: FOSC R. Wise Date: May 30 ,2004
South building after fixed radiation on floor covered with epoxy paint.
Photographer: FOSC R. Wise Date: May 30, 2004
Various types of gauges of U.S. Military origin containing radium paint.
Photographer: START July 1,2004
Damaged gauges exposed to the environment in the north yard. Meter is reading over 500 uR/hr.
Photographer: FOSC R. Wise Date: July 1, 2004
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1012
30
22
1697
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17
43
55
17
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265
218
3164
207
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297
383
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279
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107
175
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164
146
175
164
136
139
114
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83.33
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114.29
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13.57
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Northeast quadrant of site building, behindcounter area near front door
Northeast quadrant of site building, windowsillin office
Northeast quadrant of site building, dust fromtop of manometer behind counter, near office
Northeast quadrant of site building, side of dial.Box top where dial sits has the followingmarkings: D035, 0-300 RPM, G.E.
Northeast quadrant of site building, top of drainin restroom sink
Southwest quadrant of site building, top of pieceof metal in warehouse, west of main aisleSouthwest quadrant of site building, bottom ofwood shelving
West central portion of site building; top ofstool at entrance to northwest quadrant of sitebuilding
West central portion of site building; woodsurface, 1st room after warehouse (blue-greencarpeting)
Northwest quadrant of site building; cardboardbox near doorway to 2nd room from warehouse(tiled area)
see above description
see above description
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75
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no reading
1450
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background
200
173
200
no reading
see above
see above
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Page 1 of 2
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' .̂ ^fi^S^So^ •'•?•:'-•"*-.' IMIfel^^^^May"20, 2004Alpha
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cpm = counts per minutedpm = disintegrations per minuteRPD = relative percent difference
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2004 Ecology & Environment, IncTDD No TBE
Paqe 2of 2
Index to the Administrative Record
Preservation Aviation Site10800 Burbank Boulevard & 5534 Riverton AvenueNorth Hollywood, Los Angeles County, California
July 13, 2004
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
U.S. Atomic Energy Commission, Regulatory Guide 1.86:Termination of Operating Licenses for Nuclear Reactors
Cease and Desist Order at 10800 Burbank Blvd., NorthHollywood, CA, California Department of Health Services,Radiologic Health Branch
Order to Cease to Use or Occupy Premises if, and to Cease toUse Objects at, 10800 Burbank Blvd., North Hollywood, CA,California Department of Health Services, Radiologic HealthBranch
START Northern Yard Assessment Results Drawing
Radon Sampling Data
START Northern Warehouse Wipe Data
START Northern Warehouse, Easter Section Drawing
START Northern Warehouse, Wester Section Drawing
START Assessment Report (pending)
CHSC §115150
CHSC §115165
CHSC §115 185
10 CFR 1301
June 1974
February 8, 1999
February 2, 2001
May 18, 2004
May 18, 2004
May 19, 2004
May 27, 2004
May 27, 2004
PreservationAviationSite10800BurbankBIvd.
34:10:19.027 N118:21:57.431W
Figure 1
SITE LOCATION MAPPreservation Aviation Site
North H ollywood, C A
Special EffectsCompany
Shutter andCurtainCompany
EmptyBuilding
PreservationAviation
••/•
BurbankBlvd.
Riverton Ave.
Single and Multi-Dwelling Residences
I Door | I Off-Site Structure
I I Ron Up Door §
Walk Through Gate
On-Site Structure ' ' Drive Through Gate
• • . . Fence
Figure 2: Surrounding Area
Figure 3: Site Layout
Door Way <D Debris
Shelving Unit
Figure 4: Northern Building Layout