EPA/AMD/R05-00/161
                                   2000
EPA Superfund
     Record of Decision Amendment:
     FEED MATERIALS PRODUCTION CENTER (USDOE)
     EPA ID: OH6890008976
     OU04
     FERNALD, OH
     07/13/2000

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       UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                 REGION 5
                     77 WEST JACKSON BOULEVARD
                          CHICAGO, IL 60604-3590


Mr. Marty Graves                               jtf?,:  '^ "
US EPA Superfund Document Center 5202 G
1200 Pennsylvania Avenue N.W.
Washington DC 20460

Re:   FY 2000 ROD Document

Dear Mr. Graves:

US EPA Region 5 is sending the hard copy of the ROD for Feed Materials Production
Center, US DOE, OH6890008976, signed on 7/13/00. Mr. Hans Waetjen from HQ
informed Region 5 on March 28, 2001, that HQ never received the hard copy of the
ROD, and that HQ would like to receive the hard copy of the Decision Documents for US
DOE, Feed Materials Production Center site located at Fernald, Ohio.

Enclosed is the Decision Document for Feed Materials Production Center, US DOE,
OH6890008976.

If you have any questions, please contact Sangsook Choi at (312) 353-1869.

Sincerely yours,
Debra Potter
Chief, Program Management and Information Section

Enclosure

cc:    Hans Waetjen, HQ

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                           Department of Energy

                               Ohio Field Office
                              Fernald Area Office
                                P. O. Box 538705
                           Cincinnati, Ohio 45253-8705
                                (513) 648-3155

                                JUL31 2000
ROD Clearinghouse                                   DOE-0900-00
Superfund Document Center
U.S. EPA Mail Code 5202G
401 M Street, SW
Washington, DC 20460

To Whom It May Concern:

FINAL RECORD OF DECISION AMENDMENT FOR OPERABLE UNIT 4 SILOS 1
AND 2 REMEDIAL ACTIONS

Pursuant to the U.S. Environmental Protection Agency (U.S. EPA) guidance, presented
in Appendix D of "A Guide to Preparing Superfund Proposed Plans, Record of
Decisions (ROD), and Other Remedy Selection Decision Documents," (EPA
540-R-98-031, July 1999), please find enclosed an unbound hard copy of both the
Revised Proposed Plan and the ROD Amendment for OU4 Silos 1 & 2 Remedial
Actions. A copy of the electronic files of the main text and appendices of the Revised
Proposed Plan and the Record of Decision Amendment have also been included with
placeholders for figures.

If you have any questions regarding this documentation,  please contact Nina Akgunduz
at (513) 648-3110.

                                         Sincerely,
FEMP:Akgunduz                          Johnny W. Reising
                                        Associate Director
                                        Environmental Management

Enclosures

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                     FINAL
         RECORD OF DECISION AMENDMENT
FOR OPERABLE UNIT 4 SILOS 1 AND 2 REMEDIAL ACTIONS

                     AT THE
      UNITED STATES DEPARTMENT OF ENERGY
  FERNALD ENVIRONMENTAL MANAGEMENT PROJECT
                  FERNALD, OHIO

                  40700-RP-0008
                     June 2000
                     Revision 0

      Prepared Under DOE Contract No. DE-AC24-92OR21972
                 By Fluor Fernald, Inc.
                  FERNALD
                  Environmental Management Project

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            RECORD OF DECISION AMENDMENT
  FOR OPERABLE UNIT 4 SILOS 1 AND 2 REMEDIAL ACTIONS

                         AT THE

         UNITED STATES DEPARTMENT OF ENERGY
     FERNALD ENVIRONMENTAL MANAGEMENT PROJECT
                      FERNALD, OHIO

                        JUNE 2000
                        REVISION 0
William E. Murpr^tel/                                  Date
Director Ohio Office. Office of Site Closure,
United States Department of Energy
William E. Muno, Director/                             /  rfate
Superlund Division
United States Environmental Protection Agency - Region V

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                                                             FEMP-OU4-RODA FINAL
                                                                   40700-RP-0008
                                                                 June 2000, Rev. 0

                        DECLARATION STATEMENT

SITE NAME AND LOCATION

Fernald Environmental Management Project (FEMP) Site - Operable Unit 4 (OU4), Silos
1 and 2 material, Fernald, Hamilton County, Ohio.

STATEMENT OF BASIS AND PURPOSE

This Record of Decision Amendment for Remedial Actions at Silos 1 and 2 [hereinafter
called "the ROD Amendment"] addresses the re-evaluation of the treatment component of
the selected remedy for the remediation of the OU4 Silos 1  and 2 material at the FEMP
Site in Fernald, Ohio. The remedial action (RA) identified in this ROD Amendment was
selected in accordance with the Comprehensive Environmental  Response, Compensation,
and Liability Act, as amended (CERCLA) and the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) [40 Code of Federal Regulations (CFR) Part 300].

The selected remedy outlined in the OU4 ROD (EPA 1994) consisted of the removal of the
contents of Silos 1, 2, and 3; remediation by vitrification and off-site disposal of the treated
material at the Nevada Test Site (NTS); and the demolition,  removal and final disposition
of the contaminated concrete, debris, and soils within the OU4 boundary, in accordance
with the OU3 and OU5 RODs. In July 1997, the EPA directed DOE-FEMP to develop a
supplemental Feasibility Study/Proposed Plan (FS/PP) and subsequent ROD Amendment
to reevaluate the treatment remedy for the Silos 1 and 2 material. In accordance with the
same agreement, an Explanation of Significant Differences (ESD) was prepared (FEMP
1998a) documenting the change in remedy for Silo 3 material.  The scope of this ROD
Amendment is limited to revising the treatment portion of the selected remedy for the Silos
1 and 2 material.

                                    DS-1

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                                                               FEMP-OU4-RODA FINAL
                                                                    40700-RP-0008
                                                                   June 2000, Rev. 0
The decision presented herein is based on the information available in the administrative
record for OU4, which is maintained in accordance with CERCLA. The major documents
prepared through the CERLCA  process  include the  Remedial Investigation  (Rl), the
Feasibility Study (FS), the Proposed Plan (PP), and the ROD for OU4, and the revised FS
and PP for the Silos 1 and 2 material. This decision also considered state and stakeholder
input, including input received during  the public  hearing  held in Fernald, Ohio and the
public meeting held in Las Vegas, Nevada following the issuance of the revised FS and
revised PP for Silos 1 and 2 material. DOE has considered all comments received during
the public comment period on the revised FS and  revised  PP for Silos 1 and 2 material in
the preparation of this ROD Amendment.

The State of Ohio concurs with the remedy and the applicable or relevant and appropriate
requirements (ARARs) put forth in this ROD Amendment for the remediation of OU4 Silos
1 and 2 material.

ASSESSMENT OF THE SITE

Actual or threatened releases of hazardous substances  from OU4, if not addressed by
implementing the response action  selected in this ROD Amendment,  may present an
imminent and substantial endangerment to public health, welfare, or the environment.

DESCRIPTION OF THE REMEDY

On the basis of the evaluation conducted on the  final alternatives as part of the revised
FS/PP, the selected remedy identified in the OU4 ROD addressing Silos 1 and 2 material
at the FEMP has been modified to the following:
                                     DS-2

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                                                                FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    June 2000, Rev. 0

           Complete removal of contents of Silos 1 and 2 and the Decant Sump Tank
           System sludge from the Transfer Tank Area (TTA) followed by treatment using
           chemical  stabilization to stabilize characteristic metals to meet  Resource
           Conservation and Recovery Act (RCRA), as amended, toxicity characteristic
           limits and attain the Nevada Test Site (NTS) waste acceptance criteria (WAC).

           Gross decontamination, demolition, size reduction, and  packaging of concrete
           from Silos 1 and 2 structures followed by shipment for  off-site disposal at the
           NTS or an appropriately permitted commercial disposal facility (PCDF).

           Disposal of contaminated soil and debris, excluding concrete from Silos 1 and
           2 structures, in accordance with the FEMP On-site Disposal Facility (OSDF)
           WAC or an  appropriate off-site disposal facility, such as the NTS or a PCDF.

In  addition, the selected remedy includes the  following  components, which were not

reevaluated, and remain as documented in the OU4 ROD:

           Off-site shipment and disposal of the chemically stabilized waste at the NTS.

           Decontamination and dismantlement (D&D) of all structures and remediation
           facilities in accordance with the OU3 ROD.

           Removal of the earthen berms and excavation of the contaminated soils within
           the OU4  boundary, to  achieve the  remediation  levels outlined in the OU5
           ROD.

           Appropriate treatment and disposal of all secondary wastes at either the NTS
           or an appropriate PCDF.

           Collection of  perched  water encountered  during remedial  activities for
           treatment at OU5 water treatment facilities.

           Continued access controls and maintenance  and  monitoring of the  stored
           waste inventories.

           Institutional controls of the OU4 area such as deed and land-use restrictions.
                                     DS-3

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                                                                FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    June 2000, Rev. 0
The FEMP OSDF will be available for disposal of debris from Silos 3 and 4 and associated
facilities (the silo superstructures and the Radon Treatment System). Soil and debris from
D&D activities associated with these facilities will be disposed in the OSDF if they meet
the WAC for disposal. Any soils and debris that do not satisfy the OSDF WAC will be
disposed at the NTS or a PCDF.

The concrete from Silos 1 and 2 is more appropriately managed in the same manner as
"Category C, Processed-related Metals." This is due to its prolonged contact with the Silos
1 and 2 material,  the likelihood of contaminant migration to the interior of the concrete, and
the uncertainty in the ability to adequately decontaminate it. Therefore, concrete from Silos
1 and 2 is excluded from disposal at the FEMP  OSDF. The interior surface of Silos 1 and
2 will be gross  decontaminated  to remove visible  Silos 1  and 2 material  before the
structures are demolished, size reduced, and packaged for off-site disposal.

Based on the current operating schedule, however, the FEMP OSDF will not be  available
for disposal of soil and debris generated from D&D of the OU4 remediation facilities, which
include the Decant Sump Tank System, other below-grade appurtenances, and OU4 Area
7 soils. Therefore, the revised FS and PP assumed for costing purposes that all soil and
debris from D&D of the OU4 remediation  facilities, including treatment facilities, TTA,
Radon Control System (RCS), and Pilot Plant, will be disposed at the NTS. However,
should programmatic changes occur and the OSDF become available, soil  and  debris
meeting the OSDF WAC will be disposed in the OSDF.

In reaching the decision to implement this remedial alternative, chemical stabilization and
vitrification were  identified for detailed analysis in the revised FS based upon screening
of a wide  range of potential treatment alternatives.
                                     DS-4

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                                                                  FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      June 2000, Rev. 0
A description of the alternatives selected for detailed analysis is provided in Section 3 of
the revised FS, which  is available in the Administrative Record. The alternatives were
evaluated using the nine criteria specified by the NCR in 40 CFR Part 300. A comparison
of the alternatives  against the  nine criteria  is  presented  in Section 5  of this ROD
Amendment. The selected remedy satisfies  both of the threshold criteria specified by the
NCR and represents the best balance  between the alternatives with respect to the five
primary balancing criteria.

This remedy  will  achieve  substantial risk  reduction  by  removing  the sources  of
contamination, treating the material  that poses the highest  risk, shipping the treated
material off-site for disposal, and managing the remaining contaminated soils and debris
consistent with the  site-wide  strategy for the FEMP. The selected  alternative provides
treatment to substantially reduce the mobility of the constituents of concern present in the
Silos 1  and 2 material. The selected remedy also provides a high degree of long-term
protectiveness for human health and the environment.
                                
                                      DS-5

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                                                                FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    June 2000, Rev. 0
STATUTORY DETERMINATIONS

As documented in Section 7 of this ROD Amendment, the selected remedy satisfies the
statutory requirements specified by the  NCR  [40  CFR Section 300.430(f)(5)(ii)].  The
selected remedy is protective of human  health and the environment, complies with all
federal and state requirements that are applicable or relevant and appropriate to the RA,
and is cost effective. This remedy uses permanent solutions and alternative treatment (or
resource  recovery) technologies to the maximum  extent practicable, and satisfies the
statutory preference for remedies that employ treatment, and also reduce toxicity, mobility,
or volume as a principal element. This remedy  will result in contaminated debris and soil
being dispositioned  in accordance with  the EPA-approved RODs  for OU3 and  OU5,
respectively.  This remedy may result  in  pollutants or contaminants,  as  defined by
CERCLA, (i.e.,  contaminated soil  and debris  in the OSDF) remaining on-site, above
health-based levels.  Therefore, a  review will be conducted every five years  after
commencement of RA to ensure that the remedy continues to provide adequate protection
of human health and the environment.

All practical means to avoid or minimize environmental harm  resulting from implementation
of the selected remedy have been adopted. During excavation activities, sediment controls
will be implemented to reduce the possibility of potential surface water runoff and sediment
deposition to Paddys Run.  Final site layout and design will include all practicable means
(e.g.,  sound engineering  practices and proper construction  practices)  to minimize
environmental impacts.
                                     DS-6

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                                                               FEMP-OU4-RODA FINAL
                                                                    40700-RP-0008
                                                                   June 2000, Rev. 0
In the OU4 ROD, DOE chose to complete an integrated CERCLA/National Environmental
Protection Act (NEPA) process. This decision was based on the longstanding interest on
the part of local stakeholders to prepare an Environmental Impact Statement (EIS) on the
restoration activities at the FEMP and on the  recognition that the draft document was
issued and public comments received. Therefore, the document served as DOE's ROD for
OU4 under both CERCLA and  NEPA; however, it is not the intent of the DOE to make a
statement on the legal applicability of NEPA to CERLCA actions.

Under NEPA, DOE is  required  to prepare a Supplemental EIS (SEIS) when it has made
a substantial change in a proposed action, or if there are new significant circumstances
in the  proposed EIS  action that are relevant  to environmental concerns.  Where the
decision to prepare a  SEIS is unclear, DOE NEPA regulations require the preparation of
a "Supplement Analysis" (10 CFR Section 1021.314). The revised Silos 1 and 2 FS and
PP also comprised the DOE's draft Supplement Analysis.  Both documents  were made
available  for public review and comment. Based upon the results of the Supplement
Analysis,  DOE has determined that there is no  new information regarding the proposed
alternatives for remediation of the Silos 1 and 2 material that would constitute a substantial
change to the project scope or would be considered 'significant, new information' related
to the environmental impacts from the EIS alternatives. Therefore, a SEIS is not required
on the remediation of Silos 1 and 2 material.

The public has  played a fundamental role in  the remedial actions for OU4. DOE will
sustain the same level of public  involvement throughout  the implementation  of the
Remedial Design/Remedial Action (RD/RA) activities, as was proven effective during the
revised FS/PP and ROD Amendment process.
                                     DS-7

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                                                                FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    June 2000, Rev. 0
DOE is committed to maintaining public involvement through completion of the Silos 1 and

2 RD/RA activities. Per requirements under the NCR (40 CFR Section 300.435), DOE at

a minimum will:
           Upon  completion  of  the  final  engineering design, prepare a  fact sheet
           describing the RD (40 CFR Section 300.435).

           Provide a public briefing upon completion of the final engineering design and
           prior to the beginning of the RA (40 CFR Section 300.435).

           Continue to provide project status through the Monthly Progress Briefings.
                                
                                     DS-8

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                                                                             FEMP-OU4-RODA FINAL
                                                                                   40700-RP-0008
                                                                                 June 2000, Rev. 0

                                  TABLE OF CONTENTS

                                                                                         Page

List of Acronyms and Abbreviations 	d-v

1.0    INTRODUCTION	 1-1

  1.1   Background	 1-1
  1.2   OU4 Record of Decision	 1-3
  1.3   Reason for Record of Decision Amendment	 1-4

2.0    SITE BACKGROUND	 2-1

  2.1   Contents of Silos 1 and 2	 2-4
   2.1.1   Regulatory Classification of Silos 1 and 2 Material	 2-5
   2.1.2   Packaging and Transportation of Treated Silos 1 and 2 Material	 2-6
   2.1.3   Disposal of Treated Silos 1 and 2 Material	 2-7
   2.1.4   Disposal of Secondary Wastes	 2-9
  2.2   Decant Sump  Tank System	  2-10
  2.3   Radon Treatment System	  2-11
  2.4   Contaminated  Environmental Media	  2-11
   2.4.1   Principal Threats of Silos 1 and 2 and Related Systems	  2-11
   2.4.2   Overview of the Nature and Extent of Contamination  	  2-13
  2.5   Purpose and Need for Decision	  2-14
  2.6   Description of the Original Selected Remedy	  2-15

3.0    BASIS FOR MODIFYING THE OU4 RECORD OF DECISION	 3-1

  3.1   Basis for ROD Amendment	 3-1
   3.1.1   Technical Basis for the Revised Path Forward	 3-1
   3.1.2   Regulatory Basis for the ROD Amendment	 3-3
   3.1.3   Basis for Modification of the Selected Remedy for Silos 1 and 2 Remedial Actions	 3-4
  3.2   Post-ROD Information Base	 3-4
   3.2.1   Vitrification Pilot Plant Final Reports	 3-5
   3.2.2   Melter Incident Report	 3-5
   3.2.3   Independent Review Team Report	 3-6
                                              d-i

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                                                                             FEMP-OU4-RODA FINAL
                                                                                    40700-RP-0008
                                                                                  June 2000, Rev. 0

    3.2.4   Waste Vitrification Systems Lessons Learned	  3-7
    3.2.5   Proof of Principle Testing Final Reports	  3-7
    3.2.6   U.S. EPA REACHITDatabase	  3-8

4.0    DESCRIPTION OF SIGNIFICANT DIFFERENCES OR NEW ALTERNATIVES	  4-1

  4.1   Description of the Originally Selected Remedy  	  4-1
  4.2   The OU4 Modified Selected Remedy	  4-3
    4.2.1   Removal of Silos 1 and 2 Material and Decant Sump Tank Contents	  4-4
    4.2.2   Chemical Stabilization of Silos 1 and 2 and Decant Sump Tank Contents	  4-5
    4.2.3   Off-site Shipment and Disposal of Treated Material	  4-5
    4.2.4   Soils and Debris  	  4-6
    4.2.5   Perched Water	  4-8
    4.2.6   Cost	  4-8
    4.2.7   Measures to Control Environmental Impacts	  4-9

5.0    DESCRIPTION AND EVALUATION OF ALTERNATIVES 	  5-1

  5.1   Treatment Alternatives for the Silos 1 and 2 Material	  5-1
  5.2   Evaluation Criteria 	  5-2
    5.2.1   Threshold Criteria	  5-5
    5.2.2   Primary Balancing Criteria	  5-7

6.0    SUPPORT AGENCY COMMENTS  	  6-1

  6.1   State Acceptance	  6-1

7.0    STATUTORY DETERMINATIONS	  7-1

  7.1   Protection of Human Health and the Environment  	  7-2
  7.2   Compliance with Applicable or Relevant and Appropriate Requirements	  7-3
  7.3   Cost Effectiveness	  7-4
  7.4   Utilization of Permanent Solutions and Alternative Treatment Technologies or Resource Recovery
       Technologies to the Maximum Extent Practicable  	  7-4
  7.5   Preference for Treatment as a Principal Element	  7-5
  7.6   Irreversible and Irretrievable Commitment of Resources	  7-5
                                              d-ii

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                                                                   FEMP-OU4-RODA FINAL
                                                                         40700-RP-0008
                                                                       June 2000, Rev. 0


8.0    COMMUNITY PARTICIPATION	 8-1


  8.1  Community Acceptance	 8-1

  8.2  Community Participation	 8-3

  8.3  Post-ROD Amendment Community Participation	 8-4


9.0    BIBLIOGRAPHY	 9-1
                                LIST OF APPENDICES
Appendix A  Applicable or Relevant and Appropriate Requirements/To Be Considered
             Criteria for Management of the Silos 1 and 2 Material  	 a-i

Appendix B  Responsiveness Summary/Fernald Environmental Management
             Project/Silos 1  and 2 Material	 b-i
                                        d-iii

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                                                             FEMP-OU4-RODA FINAL
                                                                  40700-RP-0008
                                                                 June 2000, Rev. 0
                              LIST OF TABLES
TABLE 4.2-1

TABLE 5.2-1

TABLE 5.2-2

TABLE 6.1-1

TABLE 8.1-1
   Cost Estimate for the Revised Remedy ($ Millions)	4-9

   Summary of Key Hazards to On-site Workers  	5-13
   Feasibility Study Summary Cost Data (All Alternatives) 	5-23

   OEPA Comments Issued During Formal Public Comment Period 6-2

   Summary of Public Involvement Opportunities  	8-2
                              LIST OF FIGURES
FIGURE 1.1-1
FIGURE 2.1-1
FIGURE 5.2-1
FIGURE 5.2-2
FIGURE 5.2-3
FIGURE 5.2-4
FIGURE 5.2-5
FIGURE 5.2-6
FIGURE 5.2-7
FEMP Facility Location Map 	1-2
Waste Storage Area 	2-2
Comparative Analysis Summary 	5-4
Summary of Discriminating Criteria and their Components	5-10
Total Solid Waste Volume Summary	5-11
Time to Achieve Protection Schedule Comparison	5-16
Summary of Total Required Operating Hours	5-17
Implementability Summary Table 	5-19
Feasibility Study Cost Comparison	5-24
                                    d-iv

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                                                             FEMP-OU4-RODA FINAL
                                                                   40700-RP-0008
                                                                 June 2000, Rev. 0
                     ACRONYMS AND ABBREVIATIONS
                                  A-M
ACA
AEA
ARAR
AWWT
CAT
CERCLA

CFR
CHEM1

CHEM2

CMSA
COC
D&D
DOE
DOE-FEMP

DOE-NV
DOT
DWPF
EIS
EPA
ESD
FEMP
FMPC
FR
FS
FS/PP
ILCR
IRT
LSA
Amended Consent Agreement
Atomic Energy Act
applicable or relevant and appropriate requirement
Advanced Wastewater Treatment
Critical Analysis Team
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended
Code of Federal Regulations
Removal, On-site Chemical Stabilization — Cement-based, Off-site
Disposal at the NTS
Removal, On-site Chemical Stabilization — Other, Off-site
Disposal at the NTS
consolidated metropolitan statistical area
constituent of concern
decontamination and demolition
U.S. Department of Energy
U.S. Department of Energy-Fernald Environmental Management
Project
U.S. Department of Energy-Nevada Operations Office
U.S. Department of Transportation
Defense Waste Processing Facility
Environmental  Impact Statement
U.S. Environmental Protection Agency
Explanation of Significant Differences
Fernald Environmental Management Project
Feed Materials Production Center
Federal Register
Feasibility Study
Feasibility Study/Proposed Plan
incremental lifetime cancer risk
Independent Review Team
low specific activity
                                    d-v

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                                                               FEMP-OU4-RODA FINAL
                                                                    40700-RP-0008
                                                                   June 2000, Rev. 0
                   ACRONYMS AND ABBREVIATIONS (cont.)
                                    N-Z
NCR              National Oil and Hazardous Substances Pollution Contingency
                  Plan
NEPA             National Environmental Policy Act
NPL              National Priorities List
NTS              Nevada Test Site
O&M              operations and maintenance
OEPA             Ohio Environmental Protection Agency
OSDF             On-site Disposal Facility
OU               operable unit
PCDF             permitted commercial disposal facility
PEIC              Public Environmental Information Center
POP              Proof of Principle
PP               Proposed Plan
RA               remedial action
RCRA             Resource Conservation and Recovery Act, as amended
Rl                Remedial Investigation
ROD              Record of Decision
RCS              Radon Control System
RTS              Radon Treatment System
SRS              Savannah River Site
TBC              to be considered
TCLP             Toxicity Characteristic Leaching Procedure
TTA              Transfer Tank Area
TVS              Oak Ridge Transportable Vitrification System
VIT1              Removal, On-site Vitrification - Joule-heated, Off-site Disposal at
                  the NTS
VIT2              Removal, On-site Vitrification - Other, Off-site Disposal at the NTS
VITPP             Vitrification Pilot Plant
WAC              waste acceptance criteria
                                     d-vi

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                                                               FEMP-OU4-RODA FINAL
                                                                    40700-RP-0008
                                                                  June 2000, Rev. 0
                            1.0    INTRODUCTION

1.1    Background

This Record of Decision Amendment for Remedial Actions at Silos 1 and 2 [hereinafter called
"the ROD Amendment"] addresses the re-evaluation of the treatment component of the
selected remedy for the remediation of the Operable Unit 4 (OU4) Silos 1  and 2 material at
the U.S. Department of Energy's (DOE) Fernald Environmental Management Project (FEMP),
formerly known as the Feed Materials Production Center (FMPC). Other components ofthe
selected remedy for OU4 have not been reevaluated and remain as documented in the OU4
ROD. The FEMP is a 425-hectare (1,050 acre) former uranium processing facility located in
southwestern Ohio approximately 18 miles northwest of the city of Cincinnati (see Figure
1.1-1). It is located just north of Fernald, Ohio, a small farming community, and lies on the
boundary between Hamilton and Butler Counties. From 1952  until 1989, the FEMP site
provided high purity uranium (U) metal products to support United States defense programs.
Production was stopped due to declining demand and a recognized need to commit available
resources to remediation. The  FEMP site is included on the National Priorities List (NPL) of
the  U. S.  Environmental Protection  Agency (EPA). Inclusion  on the  NPL reflects the
importance placed  by the  federal government  on ensuring the expedient  completion  of
cleanup operations at the FEMP.  DOE owns the facility and is conducting  cleanup activities
at the site under the Comprehensive Environmental Response Compensation and Liability
Act (CERCLA), as amended,  and  the  DOE  Environmental Restoration and  Waste
Management Program. The EPA and the Ohio Environmental Protection Agency (OEPA)
support the DOE. Together, the three agencies actively promote  local community and public
involvement in the decision making process regarding the remediation of the FEMP site.
                                     1-1

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      FIGURE 1.1-1
FEMP FACILITY LOCATION
FEMP-OU4-RODA F
      4070G-RPJ
    June 2000, R
          1-2

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                                                             FEMP-OU4-RODA FINAL
                                                                  40700-RP-0008
                                                                 June 2000, Rev. 0

1.2    OU4 Record of Decision

The decision documented by the OU4 ROD (EPA 1994) was based on the information
available in the Administrative Record for OU4 and maintained in accordance with the
CERCLA. The documents prepared through the CERCLA process include the Remedial
Investigation (Rl) [FEMP 1993a], the Feasibility Study (FS) [FEMP 1994a], and the Proposed
Plan (PP) [FEMP 1994b] for OU4.

It is DOE policy to integrate the National Environmental Protection Act of 1969 (NEPA) into
the procedural and documentation requirements of CERCLA whenever practical. The OU4
ROD and the other CERCLA documentation (Rl, FS and PP) supporting remedial efforts at
the FEMP  site (including OU4) also include the appropriate NEPA evaluations. These
integrated  CERLCA/NEPA evaluations considered the potential impacts from remedial
activities at the FEMP. The  OU4 FS/PP-Environmental  Impact Statement (EIS) [FEMP
1993b) and  subsequent  OU4  ROD served as U.S.  Department of Energy-Fernald
Environmental Management Project's (DOE-FEMP) ROD for OU4 under the CERCLA and
NEPA. It was not the intent of the DOE-FEMP to make a statement on the legal applicability
of NEPA to CERCLA actions.

The original remedy of vitrification was selected with consideration of stakeholder input
including input received from public hearings held on March 21, 1994, in Harrison, Ohio and
on May 11, 1994, in Las Vegas, Nevada and written comments received during the formal
comment period. The OU4 ROD was approved by the EPA in December 1994.
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1.3   Reason for Record of Decision Amendment

Pursuant to Section 117 of CERCLA and the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) at 40 Code  of Federal Regulations (CFR) Section
300.435(c)(2)(ii), a ROD Amendment should be proposed when "differences in the remedial
or enforcement action, settlement, or consent decree fundamentally alter the basic features
of the selected remedy with respect to scope, performance, or cost."

The EPA determined that a ROD Amendment for the Silos 1 and 2 material was required,
because of a significant cost increase associated with implementing the selected treatment
remedy. The EPA determined that although some increase in  remedial  cost can  be
reasonably expected, the anticipated cost increase to implement joule-heated vitrification for
treatment of the Silos 1 and 2 material constituted a fundamental change to the selected
remedy and required a re-examination of the selected remedy and a ROD Amendment (EPA
1997a). DOE is issuing this ROD Amendment in accordance with the NCP [40 CFR Section
300.430(f)(5)].
                              
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The Revised Feasibility Study Report for Silos 1 and 2 (FEMP 1999a) [hereinafter referred
to as the revised FS] and the Revised Proposed Plan for Silos 1 and 2 (FEMP 1999b)
[hereinafter referred to as the revised PP] included the DOE's NEPA Supplement Analysis.
The revised FS and PP documents were made available for public review and comment.
Under NEPA (10 CFR Part 1021), DOE is required to prepare a Supplemental EIS (SEIS)
when it has made a substantial change in a proposed action, or if there are new significant
circumstances in the proposed EIS action that are relevant to environmental concerns. Where
the need to prepare a SEIS is unclear, DOE NEPA regulations require the preparation of a
"Supplement Analysis" (10 CFR  Section 1021.314).  Based upon the results of the
Supplement Analysis for Silos 1 and 2, DOE has determined there is no new information
regarding the proposed alternatives for remediation of the Silos 1 and 2 material that would
constitute a substantial change to the project scope or would be considered 'significant, new
information' related to the environmental impacts from the EIS alternatives. Therefore, a SEIS
is not required in order to amend the decision on the remediation of Silos 1 and 2 material.

This ROD Amendment summarizes key information that can be found in greater detail in the
Rl (FEMP  1993a), FS  (FEMP 1994a), PP (FEMP 1994b), revised FS and revised PP.
Details on obtaining information relevant to the Silos 1 and 2 remedial selection process is
provided in Section 8.2.

This ROD Amendment, along with the revised FS, revised PP and supporting documents, are
part of the Administrative Record in accordance with to 40 CFR Section 300.825(a)(2).
                              
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                           2.0    SITE BACKGROUND

This section provides a brief summary of the history of the FEMP and description of OU4. A
more detailed discussion can be found in Section  1 and Section F.2 of Appendix F of the
revised FS.

The FEMP site was constructed from 1950 to 1951 under the authority of the Atomic Energy
Commission, eventually known as the DOE. Between 1952 and 1989, the DOE-FEMP facility
(then called the FMPC) produced high purity uranium metal products for the nation's defense
programs. Production ceased in the summer of 1989 due to a declining demand for uranium
feed product; and, plant activities turned their focus  to  environmental cleanup. In June 1991,
the site was officially closed for production by an act of Congress. To reflect a new mission
focused on environmental restoration, the name of the facility was changed to the FEMP in
August 1991.

Production operations at the facility were limited to a fenced 55-hectare (136-acre) tract of
land, now known as the former Production Area, located near the center of the FEMP site.
Large quantities of liquid and solid materials were generated during production operations.
Before 1984, solid and slurried materials from uranium processing were stored or disposed
in the on-property Waste Storage Area. This area, located west of the former Production
Area,  includes six low-level radioactive waste storage pits;  two earthen-bermed, concrete
silos containing  a total of 8,012 yds of 11(e)(2)  by-product material and 878 yds of a
protective BentoGrout™ clay (Silos 1  and 2); one concrete silo containing 5,088 yd3 of cold
metal oxides (Silo 3); one unused concrete silo (Silo 4); two lime sludge ponds; a burn pit; a
clearwell; and a solid waste landfill (see Figure 2.1-1).
                                       2-1

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                                           RGURE 2.1-1
                                      WASTE STORAGE AREA
                                            FEMP-GU4-RQDA FINAL
                                                 40700-RP-Q006
                                                June 2000, Rw. 0
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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    June 2000, Rev. 0


In order to establish the legal framework by which to address the releases and threats of

hazardous substances from containers and facilities at the FEMP, the DOE-FEMP (as the

lead agency for the remediation of the FEMP site) and the EPA entered into a Consent

Agreement in 1990, as amended (EPA 1991). The Consent Agreement as Amended Under

CERCLA Sections  120 and 106(a) (ACA) is the legal basis that administratively governs the

proper management and restoration of the FEMP site.


The facility and associated environmental issues of the FEMP site are being managed as five

operable units (OUs) in order to promote a more structured and expeditious cleanup. An "OU"

is a term employed  under federal environmental regulation to represent a logical grouping of

environmental issues at a cleanup site. Separate RI/FS documentation was prepared and

issued for the five OUs at the FEMP. The five OUs, for which RI/FS documents have been

compiled, are defined within  the ACA as:
      OU1: Waste Pits 1 through 6, the Clearwell, burn pit, berms, liners, and soil to a
      determined depth (estimated to be approximately 3 feet) beneath the waste pits.

      OU2: Other waste  units including the flyash piles, other South Field disposal areas,
      lime sludge ponds, solid waste landfills, berms, liners, and soil within the OU boundary.

      OUS: Former production area and production-associated facilities and equipment
      (includes all above- and below-grade improvements). This includes, but is not limited
      to: all structures, equipment, utilities, drums, tanks, solid waste, waste product, thorium
      (Th), effluent lines, a portion of the Silos 1 and 2 material transfer line, wastewater
      treatment facilities, fire training facilities, scrap metal piles, feedstocks, and the coal
      pile.

      OU4: Silos 1, 2, 3, and 4, their contents, berms, and Decant Sump Tank System;
      Radon Treatment System  (RTS); a portion of concrete trench and Silos  1 and 2
      material transfer line within the boundary of OU4; miscellaneous pads and concrete
      structures; soils beneath and immediately surrounding Silos 1 through 4; and, perched
      groundwater  in the vicinity of the silos that  may be  encountered  during  the
      implementation of cleanup activities.
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   •  OU5: Environmental media including groundwater (both perched and the Great Miami
      Aquifer), surface water, soil not included in  the definitions of OUs 1 through 4,
      sediment, flora, and fauna.

All five OUs (including OU4) completed the RI/FS process and have initiated remedial actions
(RAs) in accordance with their respective EPA-approved final RODs. The original selected
remedy for Silos 1 and 2 within OU4 is being modified through this ROD Amendment.

2.1   Contents of Silos 1 and 2

Silos 1 and 2 contain a total of 8,012 yd3 of 11 (e) (2)  by-product material and a total of 878
yd3 of BentoGrout™ clay for a total volume of 8,890 yd3. The BentoGrout™ clay layer was
added in 1991 to the Silo 1 and 2  material in order to reduce the radon (Rn) emanation.
Radionuclides at significant  activity levels within  these silos  are actinium (Ac), radium
(Ra)-226, Th-230, polonium (Po)-210, and a radioactive isotope of lead (Pb-210). These
radionuclides are naturally occurring elements found in the original ores processed at the
FEMP and Mallinckrodt.

Non-radiological constituents detected in significant concentrations in Silos 1 and 2 material
include sodium, magnesium,  nickel, barium, lead, calcium, iron, and tributyl phosphate (a
solvent used in the former uranium extraction process at the FEMP). Tests performed on
samples of stored  material identified that lead can  leach from the  untreated material in
concentrations that exceed typical federal guidelines for hazardous wastes.
                                       2-4

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The significant concerns associated with the Silos 1 and 2 material include:

   •  High concentrations of radionuclides, including Ra-226 and Th-230, that are present
      in the material;

   •  An elevated, gamma radiation field in the vicinity of the silos due to the material in the
      silos;

   •  Chronic emissions of Rn-222 (a radioactive gas from the decay of Ra-226) from Silos
      1 and 2 material into the atmosphere;
   •  The structural instability of the silos dome and the age of the remaining portions of the
      structures; and

   •  The potential threat of the silos material leaching Resource Conservation and Recovery
      Act, as amended (RCRA) metals and radionuclides into the underlying  sole-source
      aquifer.

2.1.1  Regulatory Classification of Silos 1 and 2 Material

Silos 1 and 2, known as the "K-65 Silos," contain material generated from the processing of
high-grade uranium ores termed pitchblende. This processing was performed to extract the
uranium compounds from the natural  ores. The Silos 1 and 2 material contains  high activity
concentrations of radionuclides, including Ra-226 and Th-230. The Silos 1 and 2 material was
generated consequential to the processing of natural uranium ores and is therefore classified
as by-product material, as defined in Section 11 (e)(2) of the Atomic Energy Act, as amended
(AEA).

The Silos 1 and 2 material is a complex wasteform from a regulatory perspective. Applicable
or relevant and appropriate  requirements (ARARs) for its remediation are  identified in
Appendix A of this ROD Amendment.

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The material contained in Silos 1 and 2 is 11(e)(2) by-product material resulting from the
processing of uranium ore concentrates. It is specifically exempt, as defined, from regulation
as solid waste under the RCRA 40 CFR Section 261.4(a)(4). The referenced exclusion
applies to"... source, special nuclear or by-product material as defined in the Atomic Energy
Act of 1954 as amended, 42 U.S.C. 2011, et seq." Since a material must first be a solid
waste in order to be a hazardous waste, and since the silos material is excluded from
regulation as solid waste,  the Silos 1 and 2  material cannot be regulated as hazardous waste
under RCRA. Although the leachability of lead in the Silos 1 and 2 material exceeds the RCRA
toxicity characteristic level, this does not  cause the material to become subject to RCRA
regulation, due to a hazardous waste characteristic. The metals are not from an external
source,   but are associated with  the parent  material [whose residues, including any
ancillary   metals,   are   excluded   from  the   definition  of   solid  waste
pursuant to 40 CFR Section 261.4(a)(4)].

2.1.2  Packaging and Transportation of Treated Silos 1 and 2 Material

The Silos 1 and 2 material and secondary waste will be subject to regulations under the U.S.
Department of Transportation (DOT) 49 CFR Subtitle B Chapter I Subchapter C, Hazardous
Materials Regulations.
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Federal Regulations promulgated by the DOT on September 28, 1995 [60 Federal Register
(FR) 50292] categorize low specific activity (LSA) material into three classifications: LSA-I,
LSA-II, andLSA-lll. Evaluation of the radionuclide content for Silos 1 and 2 material indicates
that this material meets one of the criteria for LSA-II material. Specifically, Silos  1 and 2
material is classified as LSA-II because "Class 7 (radioactive) material is essentially uniformly
distributed and the average specific activity does not exceed 10"4A2/g for solids" (49 CFR
Section 173.403).1 Therefore, the OU4 Silos 1 and 2 material is classified as LSA-II  material
for proper packaging and transportation.

2.1.3  Disposal of Treated Silos 1 and 2 Material

As discussed in Section 5, all alternatives evaluated in the revised FS will dispose the treated
Silos 1  and 2 material at the Nevada Test Site (NTS). The NTS  is a DOE-owned and
managed facility used for the disposal of selected low-level radioactive wastes from other
DOE sites.

DOE derives authority from the AEA to manage small quantities of 11(e)(2) by-product
material as "low-level waste" so that it may dispose of such small waste quantities  at DOE
low-level waste disposal facilities (e.g., NTS). Such  quantities must not be "too large for
acceptance at DOE low-level waste disposal sites," and such  wastes  must meet the
requirements for low-level waste in accordance with DOE Order 435.1 Chapter IV(B)(4).
   The A2 value is the maximum activity, in curies (Ci), of radioactive material, other than special
   form, low specific activity (LSA), or surface contaminated objects permitted in a  Type A
   package. To be classified as LSA-II material, the average specific activity must be less than one
   ten-thousandth (10~4) of the calculated A. value per gram of material. As an example, if a
   material has a calculated A2 value of 10,000 Ci, the average specific activity must be less than
   1 Ci/g.
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The treated Silos 1 and 2 material is 11(e)(2) by-product material and may be managed as
a low-level waste pursuant to DOE Order 435.1. As a low-level waste, it must meet the NTS
waste acceptance criteria (WAC) and, therefore, may not contain a RCRA listed waste, or
exhibit a RCRA characteristic, regardless of the exclusion defined for by-product material at
40 CFR Section 261.4(a)(4).

DOE-FEMP will be  responsible for  demonstrating compliance  with the  NTS  WAC.
Specifically, DOE-FEMP will document the absence of the hazardous characteristics defined
at 40 CFR Part 261 Subpart C, especially those toxic constituents identified in Table 1 of 40
CFR Section 261.24  that may have been used  in a process, regardless of the waste's
regulatory status. Upon successful review, the Department of Energy-Nevada (DOE-NV)
Radioactive Waste Acceptance Program will document approval of the wastestrearn.

The C ERG LA off-site rule [CERCLA Section 121 (d)(3)] and implementing regulations40 CFR
Section 300.440) requires that waste from a RA that is shipped off-site for treatment and/or
disposal be transferred only to those receiving units at a facility that (1) are operating in
compliance with RCRA and other applicable federal and state requirements, and (2)  do not
have any uncontrolled releases of hazardous waste or constituents. The rule applies to any RA
involving off-site treatment, storage or disposal of CERCLA waste, defined  in CERCLA
Sections 101(14) and  (33); where the RA is being conducted pursuant to CERCLA.
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In a letter dated July 7, 1998, the EPA Region IX granted approval to the NTS to dispose of
CERCLA waste from DOE facilities in Area 3 and Area 5 Radioactive Waste Management
Sites in accordance with the Off-site Rule (40 CFR Section 300.440). EPA Region IX,
clarified their position in a letter dated December 4,1998. The letter states that the CERCLA
Off-site Rule approval for the NTS Area 3 and Area 5 Radioactive Waste Management Sites
includes management of small volumes of 11(e)(2) by-product materials from Fernald OU4
as low-level waste under the provisions of Chapters III and IV of DOE Order 435.1 or any
subsequent applicable DOE directive.

2.1.4  Disposal of Secondary Wastes

The selected remedy includes the decontamination and dismantlement (D&D) of all structures
and remediation facilities and appropriate treatment and disposal of all secondary wastes.
Secondary wastes generated during the treatment operations of the  Silos 1  and 2  material
or D&D activities, which cannot be disposed at the NTS without additional treatment, may be
treated and/or disposed at an appropriately licensed off-site facility. Concrete from Silos  1
and 2  structures will undergo gross decontamination,  demolition, size reduction,  and
packaging for  shipment for off-site disposal at the NTS or an appropriately permitted
commercial disposal facility (PCDF). Contaminated soils and debris, excluding concrete from
Silos 1 and 2 structures, will be disposed in accordance with either the  FEMP On-site
Disposal Facility (OSDF) WAC or an appropriate off-site disposal facility, such as the NTS
or a PCDF. Perched water  encountered during remedial activities will  be collected and
directed to the FEMP OU5 water treatment facilities.
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2.2   Decant Sump Tank System

The Decant Sump Tank System was an integral part of the former operations associated with
Silos 1 and 2 and continues to collect groundwater beneath the two silos. Samples collected
in 1991  from the water  within the Decant Sump  Tank  System  revealed  elevated
concentrations of Pb-210, Po-210, Ra-226, and U-235. Analytical results also revealed the
presence of above-background concentrations of strontium (Sr)-90 and technetium (Tc)-99.
With the exception of these latter two constituents, radiological contaminants present in the
Decant Sump Tank System are consistent with the relative concentrations of constituents
found in Silos 1 and 2. This result confirms that the Decant Sump Tank System is continuing
to collect leachate from the underdrains in Silos 1 and 2, as it was designed to do. Sr-90 and
Tc-99 were only detected in one decant sump tank sample and the concentrations were only
slightly above the contract required detection limits. Sr-90 and Tc-99 are fission products and
would not be present in the decant sump tank if the liquids consisted solely of leachate from
Silos 1 and 2 collected via the silo underdrains. The presence of these radionuclides may
have come from a number of sources other than  leaching of radionuclides from the  silo
contents. These sources include: carry-over of other beta emitters during the laboratory
chemical separation process  (most probable source); infiltration of meteoric water into the
Decant Sump Tank System; cross-contamination of the sample within the transport tanker
prior to sample collection; or infiltration of perched groundwater into the decant sump tank.

The metals found in liquid samples from the Decant Sump Tank System include aluminum,
antimony, arsenic, chromium, copper, lead, molybdenum, selenium, silver, vanadium, and zinc.
In addition, 18 organic compounds were detected in the Decant Sump Tank System liquids
at low concentrations. With the exception of toluene, all volatile compounds detected were at
or below concentrations that allow a laboratory to accurately quantify the level of  the
constituents.
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2.3   Radon Treatment System

The RTS was installed in November 1987, to reduce the radon inventory within the headspace
of Silos  1 and 2. The RTS was sampled during a removal site evaluation in January 1992.
Following the addition of BentoGrout™ clay to Silos 1 and 2 during Removal Action 4, the
RTS was abandoned in place.  The predominant contaminant present is  Pb-210 and its
associated decay products.  Periodic surveys for direct radiation and removable fixed
radioactive contamination reveal that only isolated contamination is present  in accessible
portions of the RTS.

2.4   Contaminated Environmental Media

In addition to the waste areas described, contamination is present  in environmental media
within the OU4 area, such as surface and subsurface  soil, soils within the earthen berm
surrounding Silos 1 and 2, groundwater, surface water, and perched water.

2.4.1  Principal Threats of Silos 1 and 2 and Related Systems

The NCP describes principal threats as those involving liquids, areas contaminated with high
concentrations  of toxic compounds, and highly mobile  materials. The OU4 Rl provided a
detailed characterization of the  Silos 1  and 2 material. The OU4 Rl identified those
contaminants that contributed to an incremental lifetime cancer risk (ILCR) value greater than
the C ERG LA criterion of 1 x 10"6 and a hazard quotient greater than the C ERG LA criterion of
1.0. The OU4 Rl identified the principal threats to human health and the environment posed
by the Silos 1 and 2 material as being from the following four contaminant/transport pathways:
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   •   Direct radiation
             Direct exposure to gamma radiation from radioactive constituents within the
             silos.
             Direct exposure to gamma radiation from radioactive constituents in surface
             soil.

   •   Air emissions
             Dispersion of radon that escapes from the silos into the atmosphere.
             Dispersion of volatile organic compounds or fugitive dust generated from soil.

   •   Surface water runoff
             Erosion of contaminated soils into Paddys Run from the vicinity of the silos.

   •   Groundwater transport
             Leaching  of contaminants from the silos contents  via soils to underlying
             groundwater.
             Leaching of contaminants from the silos contents via soil to a sand silty/clay
             lens in the glacial till, which could carry contaminants to surface water and
             sediment in Paddys Run.

Potential remedial alternatives for OU4 were developed in order to mitigate the short-term and
long-term exposure and associated risks from gamma radiation; reduce radon emanation
rates from the Silos 1 and 2 material; minimize the leachability of contaminants from the waste
material; eliminate potential of air dispersion from a silo collapse; eliminate the dispersion of
fugitive dust generated from the soil; and, eliminate contaminated surface water runoff from
contaminated soils into Paddys Run.
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2.4.2  Overview of the Nature and Extent of Contamination

This section summarizes the nature and extent of contamination within environmental media
in the OU4 study area. Also included in this section is an overview of the levels of direct
radiation associated with the current  conditions within OU4. Additional  detail  on these
conditions is provided in Section 4.0 of the OU4 Rl (FEMP 1993a).

2.4.2.1   Surface Soils

Sampling performed as part of the RFS and other site programs in the vicinity of OU4
indicates the occurrence of above background concentrations of uranium, and to a lesser
degree, other radionuclides in the surface soils within and adjacent to the OU4 study area.
These above-background concentrations appear to be generally limited to the  upper six
inches of soil. Available survey data  and process  knowledge  do not indicate a direct
relationship between the surface soil contamination  in the OU4  study area and the silos
contents.

Soil samples were also collected from the soils contained in the earthen embankment (berm)
surrounding Silos 1 and 2. The analytical data from the berm fill show only slightly elevated
radionuclide activity concentrations.

2.4.2.2   Subsurface Soils

As part of the OU4 Rl, samples were collected from the subsurface soils located under and
adjacent to  Silos 1 and 2. Analytical results revealed elevated concentrations of radionuclides
from the uranium decay series in the soils at the interface between the berm and the original
ground level. Elevated concentrations (up to 53 pCi/g for U-238, about 40 times background)
were also noted in slant boreholes, which passed in close proximity to the silos' underdrains.
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2.4.2.3   Groundwater

With the exception of perched groundwater encountered during potential RA, groundwater
within the Great Miami Aquifer underlying the silos area is not within the scope of OU4.
Groundwater in the Great Miami Aquifer underlying the entire FEMP site is being addressed
as part of OU5.

Uranium  was the  major  radionuclide contaminant found in the perched  water. Elevated
concentrations of total uranium were detected in the slant boreholes under and around Silos
1 and 2.

2.4.2.4   Great Miami Aquifer

The concentration of total uranium in the upper portion of the Great Miami Aquifer, based on
analysis of samples from the 2000-series wells, ranged from less than 1 ug/L to 40.3 ug/L.
Both upgradient and downgradient wells contain above background concentrations of total
uranium. Therefore, other sources of contamination must exist besides Silos 1 and 2.

2.5   Purpose and Need for Decision

Facilities and environmental media at the FEMP site, including OU4, contain radioactive and
chemical constituents at levels that exceed certain federal and state standards, and guidelines
for protecting human health and the environment. Currently, DOE-FEMP maintains custody
of the property and restricts access with fences and security forces, precluding a member of
the public from being exposed to site areas that have contamination.
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The EPA has established a formalized risk assessment process to determine the necessity
for implementation of cleanup actions. Under this process, several hypothetical scenarios that
could expose members of the public to site contamination were examined. One of these
scenarios assumed that site access was not controlled (i.e., unrestricted) and a member of
the public could be exposed to the higher contamination areas. Results of the risk assessment
performed for this hypothetical, unrestricted access scenario indicated that an  individual
establishing residence within the highly contaminated portions of the OU4 area, under existing
conditions, would be subjected to an increased risk of incurring an adverse health effect. Risk
assessment calculations performed for OU4 indicate the projected level of increased risk
exceeds established federal regulatory guidelines. Based on the results of the baseline risk
assessment, the DOE-FEMP concluded in the Rl (FEMP 1993a) that existing site conditions
warrant RA. A summary of the original assessment results can be found in Appendix F of the
revised FS (1999a).

2.6    Description of the Original Selected Remedy

Based of the evaluation of remedial alternatives conducted in the FS/PP (FEMP 1994 a,b),
the major components of the selected remedy documented in the OU4 ROD  (EPA 1994) are
as follows:

   •    Removal of the contents of the Silos 1,2,3 and the decant sump tank sludge.
   •    Treatment of the Silos 1,2, and 3 material and sludges removed from the silos and the
       decant sump tank by vitrification to meet disposal facility WAC.
   •    Off-site shipment of the vitrified contents of Silos 1,2,3 and the decant sump tank
       for disposal at the NTS.
   •    Demolition of Silos 1, 2, 3 and 4 and decontamination, to the extent practicable, of the
       concrete rubble, piping, and other generated construction debris.
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      Removal of the earthen berms and excavation of the contaminated soils within  the
      boundary of OU4, to achieve remediation levels. Placement of clean backfill to
      original grade following excavation.

      Demolition of the remediation and support facilities after use. Decontamination or
      recycling of debris before disposition.

      On-property interim storage of excavated contaminated soils and contaminated
      debris in a manner consistent with the approved Work Plan forFEMP Removal
      Action No.  17 - Improved Storage of Soil and Debris (DOE 1996)2, pending final
      disposition of soil  and debris  in accordance  with the RODs of OUs 5 and 3,
      respectively.

      Continued access controls and maintenance and  monitoring of the stored waste
      inventories.

      Institutional controls of the OU4 area such as deed and land-use restrictions.

      Potential, additional treatment of stored OU4 soil and debris using OUS and OUS
      waste treatment systems.

      Pumping and treating,  as required, of  any contaminated perched groundwater
      encountered during remedial activities.

      Disposal of the OU4 FEMP contaminated debris and soils consistent with the RODs
      for OUs 3 and 5, respectively.
2  This component of the selected remedy was documented in the Operable Unit 4 Record of
   Decision (ROD) in 1994. However, for purposes of this ROD Amendment the reference has
   been updated to the most recent revision.


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Although the selected remedy for OU4 specifies on-site disposal for the OU4 soil and debris,
the final decision regarding the final disposition of the OU4 debris and soils was placed in
abeyance, until the OU3 and OU5 RODs were completed. This approach allowed DOE to take
full advantage of planned waste management and treatment strategies developed by these
OUs and enabled the integration of disposal decisions for OU4 contaminated soils and debris
on a site-wide basis. The integration strategy for the OU4 contaminated soils and debris is
discussed in more detail in Section 4.0.
                              
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        3.0   BASIS FOR MODIFYING THE OU4 RECORD OF DECISION

3.1    Basis for ROD Amendment

3.1.1  Technical Basis for the Revised Path Forward

The technical basis for reevaluating the path forward for OU4 remediation, and ultimately
modifying the ROD, is presented in detail in Section 1.1 of the revised FS. Following approval
of the OU4 ROD, a treatability study program was initiated in May 1996 to collect quantitative
performance data to support full-scale application of the joule-heated vitrification technology
to the silos material.

During  the  treatability study  program,  many technical and operational difficulties were
encountered. These technical and operational issues are discussed in detail in Section 1.1
of the revised FS, and in the VITPP Melter Incident Final Report (FEMP 1997b). Attempts to
resolve these issues during Vitrification Pilot Plant (VITPP) operations resulted in documented
schedule and cost increases.

In September 1996, the DOE requested that the EPA grant an extension of enforceable
milestones  associated with  implementing vitrification  of the silos material due  to the
aforementioned difficulties. In October 1996, the EPA denied DOE's request. Pursuant to the
September 1991, Amended Consent Agreement, the EPA and DOE initiated the formal
dispute resolution process and began reevaluating the remediation of the silos material. In
November 1996, the DOE-FEMP formed the Silos Project Independent Review Team (IRT)
as a technical resource to assist the DOE-FEMP in this re-evaluation. The IRT was comprised
of technical representatives from throughout the DOE-FEMP complex and private industry with
expertise in various aspects of chemical stabilization, vitrification, and other treatment
technologies.
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During the final stages of the last campaign of the VITPP to demonstrate lower temperature
processing (<1200°C) of Silos 1 and 2 material, the melter hardware failed (December 26,
1996).

On July 22, 1997, the DOE-FEMP and the EPA signed an, "Agreement Resolving Dispute
Concerning Denial of Request for Extension of Time for Certain OU4  Milestones" (EPA
1997b) [hereafter referred to as "the  Settlement"].  The Settlement resolved disputes
concerning the schedule and  path forward for the remediation of the Silos 1, 2, and 3
materials. In the Settlement, EPAand DOE-FEMP agreed that DOE-FEMP would supplement
the FS/PP so as to evaluate vitrification and other alternatives for treatment of the Silos 1 and
2 material. In addition, the EPA determined the remedial actions for Silo 3 could be separated
from Silos 1 and 2 and an ESD would be sufficient to document the changes to the Silo 3
remedy.

An ESD was  completed by DOE-FEMP and approved by the EPA in March 1998 to
document the  change in remedy for treatment and disposal of the Silo 3 material  (FEMP
1998a).

The DOE-FEMP has prepared a revised FS and revised PP to recommend a RAforthe Silos
1 and 2 material. The revised FS  and the revised PP were made available for stakeholder
review. The revised FS and revised PP provided the basis for selection of the final remedy,
which is documented in this amendment to the OU4 ROD, for  Silos 1 and 2. In addition,
comments received from the OEPA and  stakeholders on the revised FS and revised PP are
addressed in Section 6.0 and Appendix B, respectively, of this ROD Amendment.
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As part of the revised path forward for Silos 1 and 2, a contract was awarded  in February
1999 to retrieve the entire contents of Silos 1 and 2 and the Decant Sump Tank System and
transfer it to a newly constructed, environmentally controlled Transfer Tank Area (TTA). This
allows for storage of the material in a safer configuration than the Silos 1 and 2 structures
while pending remediation by the selected treatment alternative. The contract award includes
the construction of a radon control system (RCS) in conjunction with the TTA to control Rn-222
emanation during the retrieval and storage of Silos 1  and 2 material in the TTA. In addition,
the RCS will control Rn-222 emanation during retrieval, treatment, and storage of Silos 1 and
2 material in the remediation facility.

3.1.2 Regulatory Basis for the ROD Amendment

In the Settlement, EPA directed DOE-FEMP to proceed with the development of a ROD
Amendment for the Silos 1 and 2 material and an ESD for the Silo 3 material.

Pursuant with Section 117 of CERCLA and the NCP at 40 CFR Section 300.435(c)(2)(ii), a
ROD Amendment should be proposed when "differences in the remedial or enforcement
action, settlement, or consent decree fundamentally alter the basic features of the selected
remedy [in the ROD] with respect to scope, performance, or cost."

The EPA determined that although some increase in remediation cost can be reasonably
expected; in this specific case the final remediation cost estimated by DOE-FEMP for the
Silos 1 and 2 material increased significantly [i.e., approximately greater than  3 times the
original estimate]. Therefore, it was EPA's position that the  significant anticipated cost
increase  changes - resulting from implementability issues with  the treatment technology of
joule-heated vitrification for the Silos 1 and 2 material - required a re-examination of the
selected remedy and a ROD Amendment (EPA 1997a).
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3.1.3  Basis for Modification of the Selected Remedy for Silos 1 and 2 Remedial Actions

This ROD Amendment modifies the treatment component of the selected remedy for Silos 1
and 2 material from vitrification to chemical stabilization. The modification of the treatment
component is based on the conclusion that chemical stabilization satisfies both threshold
criteria specified by the NCR and meets the statutory requirements of CERCLA. In addition,
chemical stabilization attains Remedial Action Objectives identified in the OU4 ROD, and has
an overall advantage over vitrification when evaluated against the five primary  balancing
criteria specified by the NCR. Specifically, the advantages of chemical stabilization in
implementability and short-term effectiveness (worker risk and time to achieve protection) are
judged to outweigh the advantages of vitrification due to its lower treated waste volume. The
basis for this conclusion is presented in detail in Section 5. As documented in Sections 6
and 8, respectively, state and community acceptance have been addressed in accordance
with the NCR.

3.2   Post-ROD Information Base

Since the approval of the  OU4 ROD in December 1994 by the EPA, the DOE-FEMP has
developed an expanded information base with respect to the various treatment technologies
and their application toward the remediation of the Silos 1 and 2 material. This information
has been used in the revised FS for the preliminary screening and re-evaluation of treatment
technologies for the silos material. The various documents comprising this information base
are identified in the revised FS bibliography and are part of in the Administrative Record and
are available for inspection.
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3.2.1  Vitrification Pilot Plant Final Reports

The FEMP joule-heated VITPP treatability study program consisted of three test campaigns
with the following objectives: (1) to determine (using surrogates) whether it was more
economical to vitrify the  Silos 1, 2, and 3  materials together or separately;  (2) to gain
experience vitrifying silos  material and handling  high-sulfate,  high-barium and  lead
concentrations, and BentoGrout™; and (3) to determine maximum production rates through
induced agitation (via bubbling tubes) in the molten glass bath to increase production.

The results of the three test campaigns have been published in three separate Operable Unit
4 Vitrification Pilot Plant reports - Campaign 1, 3 and 4, respectively (FEMP 1996a, 1996b,
1997a). The results of the testing have been factored into the development of the alternatives'
design basis,  cost  estimates,  and the implementability evaluation for the  vitrification
technologies.
3.2.2  Melter Incident Report

The  VITPP Melter Incident Report (FEMP  1997b) summarizes the findings of three
investigative teams who evaluated the FEMP VITPP melter hardware failure and subsequent
leakage of non-radioactive surrogate glass. The report identifies the causal and contributing
factors that lead to the melter failure, and identifies lessons learned for any future applications
of vitrification technology for the  DOE-FEMP silos material or other areas in the DOE
complex.
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3.2.3   Independent Review Team Report

In November 1996,  DOE-FEMP formed the Silos Project IRT to provide recommendations
to them and the DOE-FEMP, as an aid in the internal decision process. Specifically, the IRT
assisted and advised the DOE, the public and regulatory agencies in recommending a path
forward for immobilization and disposal of the materials contained in Silos 1, 2 and 3 in OU4
oftheFEMP.

The IRT was composed of 11 members, having backgrounds and experience in several areas
including vitrification, glass  furnaces and glass making, cementation, projects and project
management, regulatory, environmental, and safety.

The IRT performed an independent analysis of the VITPP melter incident and other technical
issues associated with  the treatment of the Silos 1, 2 and 3 material. Based upon this
analysis, the IRT published theirfinal report (Silos Project IRT 1997) which identifies the IRT's
recommendations for a  path forward for remediation of the Silos 1, 2, and 3 material. The
recommendations were based on the information provided  through reports, discussions,
presentations and site tours, and supplemented by individual  knowledge and study.

The IRT was unable to reach unanimous consensus upon a recommended treatment process
for the Silos  1 and 2  material.  Both the majority and minority opinions  are   formally
documented in the IRT final  report.
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3.2.4  Waste Vitrification Systems Lessons Learned

In March 1999,  the DOE Office of Environment, Safety and Health published a report to
present lessons learned in the design and operation of waste vitrification systems (DOE
1999). The report summarizes the joule-heated melter technology experiences from four low
level waste  vitrification  facilities  (Fernald VITPP, Savannah River Site (SRS) Vendor
Treatment Facility, Oak Ridge Transportable Vitrification System (TVS), and Hanford
Low-Level Vitrification Project). The report also summarizes technology experiences from
four high-level waste vitrification facilities (SRS Defense Waste Processing Facility (DWPF),
West  Valley Demonstration Project Vitrification  Facility, Sellafield - UK Waste Vitrification
Plant, and Savannah River Stir Melter). The lessons learned have been used in the evaluation
of the vitrification technologies in Section 3 of the revised FS.
3.2.5  Proof of Principle Testing Final Reports

In accordance with the July 22,1997, dispute settlement between the EPA and DOE- FEMP,
the  DOE-FEMP performed  the Proof of Principle (POP) Testing Project to support the
technical basis for the alternatives being evaluated in the revised FS. This testing was scoped
and implemented to satisfy agency and stakeholder concerns that the detailed evaluation of
the  alternatives and comparative analysis be supported by pilot-scale data resulting from
testing of proven and  commercially available remedial  technologies.  The testing was
performed using non-radioactive surrogates that simulated selected physical and chemical
characteristics of the Silos 1 and 2 material.
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The technologies of the POP Testing Project were based upon the preliminary screening and
technology selection process described in Section 2 of the revised FS. The preliminary
screening and technology selection process resulted in the identification of two technology
families (vitrification and chemical stabilization) with two alternatives each, for detailed
analysis  in  Section 3 of the  revised  FS.  The  following is a  list  of the technology
families/stabilization alternatives evaluated in the revised FS:

             Vitrification - Joule-heated;
             Vitrification - Other;
             Chemical Stabilization - Cement-based; and
             Chemical Stabilization - Other.

3.2.6 U.S. EPA REACHIT Database

In August, 1999, an extensive search was conducted  of the EPA's nationwide  electronic
database (REACHIT) of remedial sites where the vitrification, solidification/stabilization, and
chemical stabilization treatment technologies  have been applied to the remediation of
material contaminated with lead and/or radioactive material. The database search identified
a list of facilities where the technologies, at various stages of  implementation, have been
applied to wastestreams reasonably similar to the Silos 1 and 2 material. The results of the
search have been used as part of the  implementability evaluation of the technologies in
Section 3 of the revised FS.
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 4.0   DESCRIPTION OF SIGNIFICANT DIFFERENCES OR NEW ALTERNATIVES
4.1    Description of the Originally Selected Remedy


The key components of the selected remedy documented in the OU4 ROD (EPA 1994) are
as follows:
            Removal of the contents of the Silos 1, 2, and 3 and the Decant Sump Tank
            System sludge.

            Treatment of the Silos 1, 2, and 3 material and sludges removed from the silos
            and the  Decant Sump Tank System  by vitrification to meet disposal facility
            WAC.

            Off-site shipment of the vitrified contents of Silos 1, 2, and 3 and the Decant
            Sump Tank System for disposal at the NTS.

            Demolition of Silos 1,2,3 and 4 and decontamination, to the extent practicable,
            of the concrete rubble, piping, and other generated construction debris.

            Removal of the earthen berms and excavation of the contaminated soils within
            the boundary of OU4, to achieve remediation levels. Placement of clean backfill
            to original grade following excavation.

            Demolition of the remediation and support facilities after use. Decontamination
            or recycling of debris before disposition.
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            On-property interim storage of excavated contam inated soils and contam inated
            debris in a manner consistent with the approved  Work Plan for FEMP
            Removal Action No. 17- Improved Storage of Soil and Debris (DOE 1996),
            pending final disposition of soil and debris in accordance with the RODs of
            OUs 5 and 3, respectively.3

            Continued access controls and maintenance and monitoring of the stored
            waste inventories.

            Institutional controls of the OU4 area such as deed and land-use restrictions.

            Potential, additional treatment of stored OU4 soil and debris using OUS and
            OUS waste treatment systems.

            Pumping and treating, as required, of any contaminated perched groundwater
            encountered during remedial activities.

            Disposal of the OU4 FEMP contaminated debris and soils consistent with the
            RODs for OUs 3 and 5, respectively.

Although the selected remedy documented in the OU4 ROD specifies on-site disposal for the

OU4 soil and debris, the final decision) regarding the final disposition of the OU4 debris and

soils was placed in abeyance, until the  OUS and OUS RODs were approved by EPA. This

approach allowed DOE to take full advantage of planned waste management and treatment

strategies by these OUs and enabled the integration of disposal decisions for contam inated

soils and debris on a site-wide basis.
   This component of the selected remedy was documented in the Operable Unit 4 Record of
   Decision (ROD) in 1994. However, for purposes of the ROD Amendment the reference has
   been updated to the most recent revision.
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4.2   The OU4 Modified Select ed Remedy


In accordance with the Settlement, the Silo 3 remedy was separated from Silos 1 and 2

remedy to reduce the technical  uncertainties and programmatic risks of developing an
effective treatment process forseparatewastestreams with significantdifferences in chemical

and physical  properties. The change in remedy to  chemical  stabilization for Silo 3 is
documented in an ESD approved by the EPA in March 1998 (FEMP 1998a).


The revised FS/PP reevaluated only the treatment component of the selected remedy for Silos

1 and 2 material. Based on evaluation of the treatment alternatives conducted in the revised

FS/PP, the treatment component of the modified selected remedy for Silos 1 and 2 consists
of:

            Complete removal of contents of Silos 1 and 2 and the Decant Sump Tank
            System sludge from the TTA, followed by treatment using chemical stabilization
            to stabilize characteristic metals to meet RCRA toxicity characteristic limits and
            attain the NTS WAC.

            Gross decontamination, demolition, size reduction, and packaging of concrete
            from Silos 1 and 2 structures followed by shipment for off-site disposal at the
            NTS or an appropriate PCDF.

            Disposal of contaminated soil and debris, excluding concrete from Silos 1 and
            2 structures, in accordance with the FEMP  OSDF WAC or an appropriate
            off-site disposal facility, such as the NTS or a PCDF.
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The following components of the selected remedy for Silos 1 and 2 material have not been
reevaluated and remain as documented in the OU4 ROD:

            Off-site shipment and disposal of the chemically stabilized waste at the NTS.

            Decontamination and dismantlement (D&D) of all structures and remediation
            facilities in accordance with the OU3 ROD.

            Removal of the earthen berms and excavation of the contaminated soils within
            the OU4 boundary, to achieve remediation levels in the OU5 ROD.

            Appropriate treatment and disposal of all secondary wastes at either the NTS
            or an appropriate PCDF.

            Collection of perched water encountered  during remedial activities  for
            treatment at OU5 water treatment facilities.

            Continued access controls and maintenance and monitoring of the stored
            waste inventories.

            Institutional controls of the OU4 area such as deed and land-use restrictions.


4.2.1  Removal of Silos 1 and 2 Material and Decant Sump Tank Contents
The material in Silos 1 and 2 and the sludge in the Decant Sump Tank System will be
removed and placed in the TTA. Approximately 6,126m3 (8,012yd3) of 11 (e)(2) by-product
material and 671  m3 (878 yd3) of BentoGrout™ clay from Silos 1 and 2 and 3,785 L (1,000
gallons) of sludge from the decant sump will be removed and placed in the TTA pending
treatment by the selected remedy. The TTA will be equipped with a RCS designed to handle
radon emissions generated during removal and storage.
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4.2.2  Chemical Stabilization of Silos 1 and 2 and Decant Sump Tank Contents

The treatment component of the selected remedy consists of a chemical stabilization system
to immobilize the constituents of concern (COCs) in Silos 1 and 2 material and the Decant
Sump Tank System. For purposes of this selected remedy, chemical stabilization is defined
as a non-thermal treatment process that mixes the Silos 1 and 2 material (including
Bentogrout™) with a variety of chemical additive formulations (e.g., lime, pozzolans, gypsum,
Portland cement, or silicates) to accomplish chemical and physical binding of the COCs. The
wastes removed from the TTA will be transferred to a chemical stabilization facility, which will
be constructed on-site. The chemical binding of the COCs in the stabilized wasteform reduces
their leach rate to meet the NTS WAC. In addition, the stabilized wasteform with sealed
containerization reduces radon emanation to meet regulatory standards. Particulate released
as a result of the stabilization process will be treated by an air emissions treatment system
to satisfy all air-emission ARARs and TBCs. Radon emanated during the treatment process
will be collected and routed to the TTA RCS.
4.2.3   Off-site Shipment and Disposal of Treated Material

Approximately 20,836 m3 (27,254 yd3) to 22,855 m3 (29,895 yd3) of stabilized material from
Silos 1 and 2 and the Decant Sump Tank System will be generated during the treatment
process. Containerization of treated waste to meet DOT shipping requirements and the NTS
WAC will result in a disposal volume of approximately 33,144 m3 (43,352 yd3) to 36,431 m3
(47,652 yd3).

The NTS is a DOE owned and operated disposal site located near Las Vegas, Nevada. The
treated waste will  either be shipped to the  NTS by truck or by  intermodal  transport
(combination rail and truck).
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The NTS is located approximately 3,219 kilometers (2,000 miles) from the FEMP. The FEMP
has an approved NTS waste shipment and certification program for low-level radioactive
waste that is periodically audited by the NTS. Disposal of treated Silos 1 and 2 material will
be incorporated into this program. Technical oversight of the waste management activities at
the NTS is provided by the State of Nevada.

Off-site shipments will comply with the DOT regulations found in 49 CFR Parts 171-178
pertaining to the transportation of hazardous and radioactive materials. Additionally, the
packaged, treated Silos 1 and 2 material will meet the NTS WAC.
4.2.4  Soils and Debris

The OSDF will be available for disposal of debris from the existing Silos 3 and 4 structures
and associated facilities (superstructures and RTS). Soil and debris from D&D activities
associated with these facilities will be disposed in the OSDF if they meet the OSDF WAC for
disposal. Any soils and debris that do not satisfy the OSDF WAC will be disposed at the NTS
or an appropriate PCDF.

Criteria for disposal of waste materials  into the  OSDF are documented in the  Waste
Acceptance Criteria Attainment Plan for the On-site Disposal Facility (FEMP 1998b). The
current version was issued in June 1998 following approval by the EPA and Ohio EPA. The
OSDF WAC for debris were established in the OU3 ROD (FEMP 1996c). The OSDF WAC
Attainment Plan provides that these criteria can be applied to debris for other OUs, including
OU4, consistent with provisions of the ROD for each OU.
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The OU3 ROD classified debris into ten distinct material categories based upon similar or
inherent properties and configuration. Two categories, Category C - Process-related Metals
and Category J - Product, Residues, and Special Materials, were administratively excluded
from on-site disposal. In evaluating on-site disposal for concrete (Category E), the OU3 ROD
focused primarily on structural concrete. The evaluation did not consider the potential impact
of prolonged contact with residues or other contaminants, such as a concrete storage silo.

The concrete in Silos 1 and 2 has been in contact with contaminated material for over 30
years. Because of the relatively mobile COCs and the high moisture content associated with
the Silos 1 and 2 material, there is a significant potential for migration of contaminants into the
concrete. The depth and extent of the migration of the COCs into the concrete and the ability
and cost of adequately decontaminating the concrete is uncertain.

Therefore, the concrete from Silos 1 and 2 is excluded from disposal in the OSDF. The
concrete from Silos 1 and 2 will undergo gross decontamination followed by demolition, size
reduction, and packaging for off-site disposal. Disposal of concrete from Silos 1 and 2 will be
at the NTS or an appropriate PCDF.

Based on the current operating schedule, the FEMP OSDF may not be available for disposal
of soil and debris generated from D&D of the Silos  1 and 2 remediation facilities. Therefore,
for costing purposes, the revised FS and PP assume that all soil and debris from D&D of the
OU4 remediation facilities will be disposed at the NTS. However, should programmatic
changes occur and the OSDF become available, soil and debris meeting the OSDF WAC
would be disposed  in the OSDF in the same manner as discussed above for Silos 3 and 4
and associated facilities.
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4.2.5  Perched Water

The OU5 RI/FS process examined perched groundwater on a site-wide basis. It should be
noted,  however,  that  in accordance  with the ACA  each OU must  address perched
groundwater envisioned to be encountered as a consequence of conducting RAs. An example
of such an incidence is the collection of perched groundwater in deep excavations completed
to remove underground tank systems (Silos 1 and 2 decant sump tank), pits, or foundations.
This collected water will be directed to the FEMP OU5 wastewater treatment systems.

Process wastewaters generated during RAs conducted by all OUs will be directed to the OU5
treatment systems [i.e., the Advanced  Wastewater Treatment (AWWT) facility]. OUS has
established pretreatment requirements to ensure that incoming wastewater streams do not
exceed available treatment capabilities.

4.2.6  Cost

The total estimated cost for implementing the selected remedy that includes using a chemical
stabilization technology to treat the Silos 1 and 2 material is approximately three-hundred
($300) million dollars. Table 4.2-1 summarizes the major cost elements of the two alternative
processes that represented the chemical stabilization technology in the revised Silos  1 and
2 FS.  The cost estimates were prepared so as to define each cost element based on the
preconceptual design specified in the revised Silos 1 and 2 FS. The cost estimates include
capital costs, operation and maintenance (O&M) costs, waste shipping and disposal costs,
D&D costs, engineering costs, project management costs, and the cost of borrowing money.
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                                TABLE 4.2-1
          COST ESTIMATE FOR THE REVISED REMEDY ($ MILLIONS)
Preferred Alternative
Process Option
Capital Cost
Operation and Maintenance Cost
Waste Shipping and Disposal Cost
Packaging
Transportation
Disposal
D&D Cost
Engineering Cost
Project Management Cost
Cost of Money
Summary Cost (un-escalated)
Chemical Stabilization
CHEM1
55
77

34
14
10
34
24
21
28
297
CHEM2
56
83

33
13
9
36
24
21
28
303
4.2.7  Measures to Control Environmental Impacts


In accordance with DOE regulations for implementing the NEPA (10 CFR Part 1021), DOE
has factored environmental impacts into the decision making process for the OU4 RA. All
practical measures will be employed at the FEMP site to minimize environmental impacts to
human health and the environment during the implementation of the OU4 RA.
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Measures to control environmental impacts will be implemented during RD and the RA to
minimize impacts to natural resources (e.g., wildlife and wildlife habitat, cultural resources,
wetlands,  surface water,  groundwater). OU4 remedial activities will not impact floodplain
areas at the FEMP. Although the 100 to 500-year floodplain of Paddys Run is located near
the silos and associated  support facilities, direct physical impact to the floodplain  will not
occur. The implementation of engineering controls will minimize any indirect impact such as
runoff and sediment deposition to the floodplain. In addition, changes in flood  elevation will not
occur. The following provides is a discussion of the measures that will be taken to minimize
impacts to human health and the environment on and adjacent to the FEMP site.

Excavation activities and the construction and operation of the various support facilities (e.g.,
waste processing facility and storage facility) will result in the disturbance of approximately 1.0
hectare (2.5 acres) of terrestrial and managed field habitat and the potential for increased
erosion and sediment loads to surface water (i.e., Paddys Run). However, appropriate
engineering controls such as silt fences, vegetative cover, and runoff control systems will be
used to minimize runoff to Paddys Run and its associated  aquatic habitat, including the
state-threatened Sloan's crayfish (orconectes sloanii). In addition, appropriate air emission
treatment systems will be used during the operation of the chemical stabilization facility to
minimize the potential for increased emissions to the ambient air and resulting impacts to
on-site and off-site personnel and to surrounding riparian habitat.

Groundwater, surface water, and air monitoring will be performed before, during, and after
remedial activities. If adverse effects are detected in any of these environmental media, work
will be immediately stopped until the effects are controlled and/or the appropriate response
actions are executed.
                                       4-10

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                      June 2000, Rev. 0

The selected remedy for OU4 includes the removal of the contaminated surface soil from the
entire OU4 area and re-grading with clean fill material, as required. Therefore, the primary
residual contaminant would be uranium, below the final remediation level established in the
OU5 ROD (FEMP 1996c) for the subsurface soil. Because the contact of ecological receptors
is limited (near background levels) to surface soil and surface waters, residual ecological risks
associated with the OU4 preferred alternative would be indistinguishable from those risks
posed by background levels in the soil.
                               
                                      4-11

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                     June 2000, Rev. 0
          5.0   DESCRIPTION AND EVALUATION OF ALTERNATIVES

5.1    Treatment Alternatives for the Silos 1 and 2 Material

The Detailed Analysis in the revised FS evaluated vitrification and chemical stabilization,
using two of the commercially available process options for each treatment technology. Two
representative process options were chosen for chemical stabilization and vitrification, in
order to provide a balanced analysis of the two technologies against the NCR evaluation
criteria. The preconceptual designs used in the revised FS are based upon data and design
information developed from POP testing and have been developed as viable ways to
remediate the Silos 1 and 2 material. Although two options for each technology were selected
for the analysis, equivalent commercially demonstrated processes that are consistent, with the
selected remedy, will not be precluded  from consideration, consistent with the final selected
remedy, during remedial design.
In the detailed analysis, no significant differences were identified to provide a compelling
reason to select a given process option (i.e., CHEM1 vs. CHEM2, or VIT1 vs. VIT2) over
another process option. For this reason, the Comparative Analysis of Alternatives in the
revised  FS, which is summarized in this section, compared the vitrification and chemical
stabilization technologies.
                                       5-1

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                                                                   FEMP-OU4-RODA FINAL
                                                                         40700-RP-0008
                                                                       June 2000, Rev. 0
5.2   Evaluation Criteria

Section 4 of the revised FS presents a comparative analysis of alternatives for the treatment
of the Silos 1 and 2 material with respect to the nine evaluation criteria specified by the NCR
to meet the requirements of CERCLA.

The  NCR divides the  evaluation criteria  used in this comparative analysis into three
categories: threshold, primary balancing, and modifying criteria. More detailed definitions of
the evaluation criteria can be found in Section 3.1.2, Overview of the Detailed Analysis of the
revised FS.

Threshold criteria consist of the two criteria that must be satisfied in order to be the selected
alternative:

   •  Overall protection of human health and the environment; and

   •  Compliance with ARARs.

These criteria are of greatest importance in the comparative analysis because they reflect the
key statutory mandates of CERCLA, as amended. An alternative must satisfy both of these
threshold criteria before it is eligible to be selected as the final remedy.
                                        5-2

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                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                       June 2000, Rev. 0

Primary balancing criteria consist of the five criteria under which the relative advantages and
disadvantages of the alternatives are compared to determine the best overall remedy:

   •  Long-term effectiveness and permanence;
   •  Reduction of toxicity, mobility, or volume through treatment;
   •  Short-term effectiveness;
   •  Implementability; and
   •  Cost.

The first and second balancing criteria reflect the statutory preference for treatment as a
principal element  of the remedy and the bias against off-site land  disposal of  untreated
material. Together with the  third and fourth  balancing criteria, they form the  basis  for
determining the general feasibility of each potential remedy. In addition, the primary  balancing
criteria are used to determine whether costs are proportional to the overall protectiveness,
considering both the remediation activity and the time period following  restoration of the OU4
area. By this approach, it can be determined whether a potential remedy is cost-effective.

The final two criteria, identified in the NCR as modifying criteria, are  state acceptance and
community acceptance. These two criteria are evaluated based on input received from the
state and public through comments on the revised FS and PP. These comments are
addressed in this ROD Amendment in Section 6 and Appendix B, respectively.

Figure 5.2-1 summarizes the comparative analysis of the alternatives.
                                       5-3

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                                 FEMP-OU4-RODA FINAL
                                        40700-RP-0008
                                      June 2000, Rev. 0
  5.2-1
ITEM
Overall Protection of Human Health and the
Environment
Compliance with Applicable or Relevant
Appropriate Requirements
Long-Term Effectiveness and Permanence
Reduction of Toxicity, Mobility, or Volume through
Treatment
Short-Term Effectiveness
Jmplementability
Cost
State Acceptance
Community Acceptance
WF1IVrF2
11 1 1 1 II
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«u. u. at «L 10 u.
, , JL i

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i t t Jp 	 i

I I 1 -P- 	 i

5-4

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                                                                  FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      June 2000, Rev. 0

The Comparative Analysis summarized in this section, is documented in detail in Section 4
of the revised FS.

5.2.1 Threshold Criteria

5.2.1.1   Overall Protection of Human Health and the Environment

Both vitrification and chemical stabilization provide overall protection of human health and the
environment. Both alternatives limit exposure to contaminants by removing the sources of
contamination,  effectively treating the source materials  to minimize the  mobility of
contaminants, and disposing the treated material in a protective manner off-site at the NTS.

The nature  and extent of impacts to biota from implementing the technologies are similar.
Each alternative involves site preparation and construction for a processing facility, removal
of the silos material from the TTA, remediation of the silos material, and transport of the
treated material to the NTS  for disposal. Short-term impacts include the temporary loss of
habitats at the FEMP site and possible impacts from accidental spills of construction and
operation materials. Mitigative measures would be employed to minimize these short-term
risks.

5.2.1.2   Compliance with ARARs

The vitrification and chemical stabilization technologies  attain the  threshold criterion of
compliance with ARARs. A comprehensive list of ARARs is presented in Appendix A of this
ROD Amendment. Key requirements are discussed in Section 3 of the revised FS within the
evaluation of each alternative against this criterion. The following paragraphs summarize
those evaluations.
                                       5-5

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                      June 2000, Rev. 0
Chemical-specific ARARs

Both vitrification and chemical stabilization technologies meet the chemical-specific ARARs
associated with potential releases to groundwater, surface water, and air. The most critical
chemical-specific ARAR is the radon flux limit (specified in the National Emissions Standards
for Hazardous Air Pollutants, 40 CFR Part 61 Subpart Q) of 20 picoCuries per square meter-
second (pCi/m2-s) .  This limit applies to interim storage or final disposal of Silos 1 and 2
material. Both alternatives meet this ARAR during interim storage and after disposal. Both
alternatives meet requirements for control of radon, particulate, and other air emissions from
remedial activities by incorporating air emission treatment. The impact of radon emissions
during remediation is evaluated as part of the short-term effectiveness criterion.

Location-specific ARARs
Vitrification and chemical stabilization technologies meet the location-specific ARARs as they
relate to floodplains, wetlands, and endangered species and their habitats. Compliance with
these alternatives is met through proper planning, siting, design, and operational procedures.

Action-specific ARARs
Vitrificationand chemical stabilization technologies meetthe action-specific ARARs identified
for these alternatives. Appropriate engineering controls are implemented for each alternative
to comply with Ohio Water Quality Standards and Air Quality Standards. Hazardous material
transportation requirements are complied with by following the regulations under 40 CFR
Parts 262 and 263, and the appropriate DOT shipping standards under 49 CFR Subchapter
C Hazardous Materials Regulations.
                                       5-6

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                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                       June 2000, Rev. 0
5.2.2  Primary Balancing Criteria

5.2.2.1    Long-term Effectiveness and Permanence

Both vitrification and chemical stabilization technologies ensure long-term protectiveness of
human health and the environment through treatment. Toxicity Characteristic Leaching
Procedure (TCLP) analysis indicates that the vitrification and chemical stabilization process
options evaluated during POP testing produced wasteforms that consistently met the NTS
WAC and were durable based on leach  rate data. The TCLP test is used to simulate the
leaching effects of acidic groundwater infiltrating the disposal cell and contacting disposed
waste. This test measures the ability of the stabilized waste particles to resist leaching even
if the original wasteform (e.g. monolith) has been compromised.

Both alternatives include treatment that permanently reduces the leachability of COCs. Off-site
disposal at the NTS provides additional protection by eliminating access to the treated
materials and preventing migration of constituents from the materials. Location of the NTS
disposal facility in a sparsely populated, arid environment reduces the potential for leachate
generation, contaminant migration, and prevents direct contact with contaminants. Because
the NTS is owned and maintained by DOE and used for the disposal of low-level wastes from
other DOE sites, the uncertainties associated with institutional controls are minimal. As the
result of a low average annual precipitation and depth to groundwater, impacts to human
health and the environment from possible engineering and  institutional controls failure are
minimal.
                                        5-7

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                      June 2000, Rev. 0

There are no long-term environmental impacts at the FEMP site pertaining to the removal and
treatment of Silos 1 and 2 material. The projected FEMP site residual risk to viable receptors
is less than the NCP criterion of 10'6 ILCR, and non-carcinogenic effects are expected to be
below 1.0 (HI) specified by the NCP for both alternatives. Long-term environmental impacts
at the NTS involve some permanent disturbance of soils (i.e., acquisition of borrow material)
associated with disposal activities. Significant long-term impacts are not expected to water
quality or hydrology, air quality, biotic resources, socioeconomics or land use, or cultural
resources. Wetland orfloodplain areas have not been delineated at the NTS.

Long-term effects of waste disposal and necessary engineering and administrative controls
that need to be incorporated into the design of the disposal cell will be determined based on
results of a performance assessment (PA) conducted by the NTS. The NTS has previously
conducted a PA on the Area 5 Radioactive Waste Management Site (Area #5). The PA
resulted in the establishment of volumetric radionuclide concentration limits for acceptance
for disposal in Area #5.

An informal review of the Area #5 PA indicates that chemical stabilized Silos 1 and 2 waste
would meet the radionuclide concentration limits. Upon finalization of this ROD Amendment,
a formal review of the treated Silos 1 and 2 waste against the Area #5 concentration limits will
be conducted to determine if Area #5 at the NTS remains suitable for disposal of treated Silos
1 and 2 waste. If treated Silos 1 and 2 waste fail to meet the radionuclide concentration limits
for Area #5, a PA specific to the characteristics associated with treated Silos 1 and 2 waste
will be conducted by the NTS in accordance with DOE Order 435.1.
                                       5-8

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                                                                    FEMP-OU4-RODA FINAL
                                                                         40700-RP-0008
                                                                        June 2000, Rev. 0

The three discriminating criteria for comparison of vitrification and chemical stabilization were
determined to be reduction of toxicity, mobility, or volume through treatment; short-term
effectiveness; implementability; and cost.  Figure  5.2-2 presents a  summary of the
comparison of the vitrification and chemical stabilization technologies against these criteria,
as well as each criterion's subcriteria.

5.2.2.2    Reduction of Toxicity. Mobility, or Volume through Treatment

Overall, this criterion favors vitrification due to the reduction in treated material volume.

Figure 5.2-3  presents a comparison of the expected primary and secondary waste disposal
volumes associated with  the vitrification and chemical stabilization alternatives. This figure
illustrates that, while vitrification results in a reduction in volume of the Silos 1 and 2 material,
addition of the chemical fixatives and additives in the chemical stabilization process results
in an increase in volume of the treated material compared to the volume of untreated material.
Both of the technologies provide treatment that substantially reduces the mobility of COCs in
the Silos 1 and 2 material through treatment. Toxicity Characteristic Leaching Procedure
(TCLP) tests  conducted on the treated  surrogate material during POP testing indicate that
either alternative can reduce the leachate concentrations of hazardous metals to below RCRA
toxicity characteristic limits. Vitrification chemically binds the contaminants  in a glass-like
matrix that significantly reduces contaminant mobility. Chemical stabilization  reduces the
mobility of contaminants by converting the contaminants into a less soluble form and binding
them into a stabilized matrix.
                                        5-9

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                                                               FEMP-OU4-RODA FINAL
                                                                     40700-RP-0008
                                                                   June 2000, Rev. 0
                              5.2-2
Of
i
OF TOXICfTY, MOBIUTY, OR
THROUGH TREATMEMT
Treated Waste Volume
Secondary Waste Generation
Reduction in Mobility of COCs
Radon Attenuation by Treated Wast* Form

Worker Risk
Transportation Risk
Off-site/Enviranmental Impact
Time to Achieve Protection
fMPLBWENTASIUTY
Sftateup
Commercial Demonstration
Operabflity
Ease of Acceleration
ConsirtJctabitliy
COST
:
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Clta w^ IM, SM. MM Isft
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                              5-10

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en
                       FIGURE 5.2-3

      TOTAL SOLID WASTE VOLUME SUMMARY
      o
      o
              VIT1
VTF2   CHEMI  CHEM2
                                        MSECONDARY

                                         WASTE


                                        B PRIMARY

                                         WASTE
                                                            m
                                                          £
                                                          =! 4^ C
                                                          (D o -f-
                                                          (DO ^

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                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                       June 2000, Rev. 0

The vitrified Silos 1 and 2 material reduces radon emanation more effectively than does the
chemically stabilized material. However, the combination of radon mitigation provided by the
chemically stabilized material plus the engineered barriers and packaging associated with
the disposal of treated materials, effectively controls radon emanation. Both alternatives
provide effective control of radon emanation from the treated Silos 1 and 2 material. The
impact of radon emissions  during  remediation is evaluated as part of the short-term
effectiveness criterion.

5.2.2.3   Short-term Effectiveness

The NCR identifies the components of short-term effectiveness as short-term risks to the
community during implementation of the alternative; potential impacts to workers during RA;
potential environmental impacts during implementation; and time until protection is achieved.
Although each alternative is favorable in individual aspects of short-term effectiveness, from
an overall perspective, this criterion favors chemical stabilization due to lower on-site worker
risk and higher schedule certainty.  The basis for determination of risks is detailed in
Appendices B and E of the revised FS.

Worker Risk

Vitrification  presents  an  increased  non-radiological risk  to the worker during  on-site
operations due to the greater number of person-hours estimated to complete remediation and
increased physical hazards in the work place. An occupational hazard analysis was performed
on the proposed design for each alternative (Appendix B of the revised FS). The hazard
analysis evaluated the potential physical and chemical hazards to the workers involved with
the on-site O&M activities. Table 5.2-1 presents a summary of the discriminating hazards
posed to workers as determined by the analyses of the alternatives.
                                       5-12

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                                                                     FEMP-OU4-RODA FINAL
                                                                           40700-RP-0008
                                                                          June 2000, Rev. 0
                                    TABLES 5.2-1
               SUMMARY OF KEY HAZARDS TO ON-SITE WORKERS
Physical hazards due to vehicle and container
movement
Falls
Exposure to hazardous chemicals and
toxicants
Electrical shock
Human hazards
High or changing pressure
Thermal hazards
Spills/loss of containment
Greater hazard for chemical stabilization due
to greater number of containers
Greater hazard for vitrification - more elevated
equipment
Greater hazard for vitrification - toxic
constituents (SOX, NOX, lead - storage of
caustic for scrubber, and gases)
Greater hazard for vitrification - higher power
requirements, more complex electrical system
Greater hazard for vitrification - greater
number of work hours
Greater hazard for vitrification - remote
potential for over-pressurization of the melter;
potential releases from Emergency Off-gas
System
Greater hazard for vitrification - high
temperature in melter; handling of molten
glass; high temperature off-gas
Greater hazard for vitrification - molten glass,
toxic off-gas constituents, higher radon
concentrations and caustic storage result in
greater consequences for spills, leaks, etc.
The vitrification process liberates essentially all of the radon from the Silos 1 and 2 material during
the treatment process. Chemical stabilization liberates less radon during the treatment process, but
continues  to generate radon during subsequent product handling operations. In both cases,
sufficient radon control is provided to mitigate radon releases and attain environmental and worker
protection limits. The calculated radon concentrations due to projected routine emissions for either
alternative show no measurable impact to FEMP fenceline  radon concentrations.
                                        5-13

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                                                                        FEMP-OU4-RODA FINAL
                                                                              40700-RP-0008
                                                                            June 2000, Rev. 0

Both vitrification and chemical stabilization are able to meet the radon flux limit of 20 pCi/m2 s during
interim storage at the FEMP and after disposal. Sufficient attenuation of radon is provided by the
vitrified material without reliance on the packaging or disposal configuration. Although the chemical
stabilization process provides attenuation of radon, it is reliant on packaging to meet the radon flux
limit.

Transportation Risk

Appendix E of the revised FS evaluates the short-term risks associated with the  transportation, both
by direct  truck and intermodal shipments,  of the  treated silos  material to the  NTS. The
implementation of either transportation option presents a minimal risk to  the public, within the
CERCLA target risk range of 1x10"4 to 1x10~6. However, due to the greater  number of shipments
required to ship the larger volume of treated material, the transportation risk is incrementally higher
for chemical stabilization.

For both technologies, transportation to the NTS complies with DOT  regulations and  DOE
guidelines. The transportation of the Silos 1 and 2 material to the NTS by either truck or intermodal
shipments is protective of human health and the environment. In addition, the anticipated shipping
rate of 7 to 20 shipments per week does not represent a significant impact on total highway traffic.

Off-site Environmental Impact

Short-term impacts associated with both technologies include temporary disruption of several acres
of land at the FEMP site for construction of the treatment facility and material handling. There is a
potential for increased fugitive  dust during construction activities; however, appropriate controls
minimize the potential short-term impacts.
                                          5-14

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                                                                        FEMP-OU4-RODA FINAL
                                                                              40700-RP-0008
                                                                            June 2000, Rev. 0

Time to Achieve Protection

Due to a shorter design-construction start-up period, and a more feasible schedule  acceleration,
chemical stabilization is preferred with respect to time to achieve protection. Figure 5.2-4 presents
a comparative summary of each alternative's schedule.

The time period between the approval of the ROD Amendment and the initiation of treatment
operations (i.e., design, construction, construction acceptance testing, preoperations, and start-up)
for the Silos 1 and 2 remediation is estimated to be 62 months for vitrification, compared to 54
months for chemical stabilization. The difference of eight months between the two schedules is
primarily attributed to the time required,  based upon lessons learned during start-up of DOE
vitrification facilities, to perform Proof of Process testing during start-up of the vitrification facility. In
addition, the technical  risk evaluation results in a calculated schedule uncertainty of 14-16 months
for vitrification compared to 8-10 months for chemical stabilization.

While vitrification requires full-time (24 hr/day, 7  days/wk) operation to complete treatment within
the three-year period evaluated in the revised FS, chemical stabilization can  complete treatment
within three years with less than full-time operation (e.g., 16 hrs/day, 5 days/week and 24 hrs/day,
5 days/week). Less than full-time operation  would leave 'excess' operating time (shifts per day or
days per week) available to recover from unplanned downtime. This excess operating time results
in higher confidence in the ability of the chemical stabilization alternative to  complete treatment
within a given timeframe. Figure 5.2-5 presents the total operating hours required to treat the Silos
1 and 2 material in three years at the scale proposed by the POP vendors.
                                          5-15

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                                 FIGURE 5.2-4
                       TIME TO ACHIEVE PROTECTION
                          SCHEDULE COMPARISON
Oi
    CHEM2
    CHEM1
      VTT2
      VIT1
           0
50             100

    MONTHS
                                  B DESIGN

                                  63 CONSTHUCT1ON/CAT

                                  B PREOiP / STARTUP

                                  m OFJJKA TJQNS

                                  B SCHHDULRIUNCfltTABiilTY

                                  ESBUIWWN/JMD
150
                                                                             m
                                                                             •p
                                                                             o


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                                                               FEMP-OU4-RODA FINAL
                                                                     40700-RP-0008
                                                                   June 2000, Rev. 0
                                 FIGURE 5.2-5
             SUMMARY OF TOTAL REQUIRED OPERATING HOURS
                                                CHCM&
5.2.2.4   Implementability


Overall, this criterion favors chemical stabilization due to a greater degree of commercial
demonstration of the treatment technology, less complexity of integrated systems, and greater
confidence in its ability to be successfully implemented.


Figure 5.2-6 summarizes the implementability analysis.
                                     5-17

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                                                                    FEMP-OU4-RODA FINAL
                                                                          40700-RP-0008
                                                                        June 2000, Rev. 0

Both vitrification and chemical stabilization are difficult to implement because of the nature of
the Silos 1 and 2 material, which requires remote operations. Although operational risks for
both can be  controlled, chemical  stabilization  is preferred because  there is  more
demonstrated commercial experience with this technology. In addition, chemical stabilization
is less complex than vitrification and therefore more certain in its ability to be successfully
implemented;  and, it offers greater opportunity for schedule acceleration and recovery in the
event of unplanned downtime.

Both vitrification and chem ical stabilization have encountered difficulties in treating radioactive
wastes in the DOE-complex. However, there is significantly more demonstrated experience
in the commercial sector on both radioactive, hazardous and mixed wastes with the chemical
stabilization technology than with the vitrification technology. In addition, based on evaluation
of existing facilities, the production rate required for the vitrification process to treat Silos 1
and 2 material within an acceptable timeframe is at the upper limit of the current capacities
of existing vitrification facilities treating radioactive material. The production rate required for
the chemical stabilization process is well within the limits of the capacity demonstrated by
existing chemical stabilization facilities.
                                  
                                        5-18

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                                                                              FEMP-OU4-RODA FINAL

                                                                                    40700-RP-0008

                                                                                   June 2000, Rev. 0

                        ITEM

                                                                  it
v
U.
              £
              
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                                                                    FEMP-OU4-RODA FINAL
                                                                         40700-RP-0008
                                                                        June 2000, Rev. 0
To treat Silos 1 and 2 material within a three-year time period (assumed as a common basis
for the comparative analysis), the vitrification process would  have to produce 15 tons of
vitrified material per day. Within the experience of the vitrification technology, there are no
facilities  in the DOE-complex and only two facilities  (vitrification-other facilities)  in the
commercial sector operating at the required capacity. This limited experience at the required
capacity results  in increased uncertainty as to whether  the  current technology has the
capability to treat Silos 1 and 2 material at the required capacity. In comparison, to treat Silos
1 and 2 material within a three-year time period, the chemical stabilization process would
have to process 12 cubic yards (yd3) of Silos 1 and 2 material  per day. There have been a
number of chemical stabilization facilities in both the DOE-complex and the commercial sector
that have operated at the required capacity. Because there is a greater degree of commercial
demonstration of the chemical stabilization  process at the required capacity, there  is less
uncertainty in its ability to treat Silos 1 and 2 at the required capacity.

Vitrification has more unit operations associated with it than chemical stabilization and is
therefore considered to be more complex to operate and maintain than chemical stabilization.
The integrated operation of complex systems associated with the vitrification process
increases the likelihood of process upsets and resulting downtime. In addition, the complexity
of process control associated with vitrification complicates melter operation. Included in the
complexity of the process control are critical parameters that are not readily measured, such
as viscosity, electrical conductivity, liquidus temperature, and sulfate formation. Furthermore,
as stated under the  discussion of  short-term effectiveness, the hazards inherent  to the
vitrification process incrementally increase the risk to the workers during maintenance
activities, and make recovery from upsets more difficult.
                                       5-20

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                      June 2000, Rev. 0
The two vitrification processes propose to operate 24 hr/day for 7 days/wkfor three years. The
two chemical stabilization processes propose to operate 16 to 24 hr/day for 5 days/wk for
three years.  Based on the current designs, the chemical stabilization process has a better
opportunity to improve schedule and accelerate remediation. In addition, based on current
designs, the chemical stabilization has a better opportunity to recover from process upsets
or other downtime.

Based on the above evaluation, chemical stabilization  is the preferred  alternative to
implement. Chemical stabilization has a greater degree of commercial demonstration at the
required capacity, is less complex to operate, and provides more opportunity to recover from
process upsets and other downtime, as well as more opportunity to improve schedule.

5.2.2.5    Cost

The cost evaluation is based on estimates that were developed on information from the four
preconceptual designs  presented in  Appendix  G  of  the  revised  FS and  the
technology-specific POP testing information presented in Appendix H of the revised FS using
a variety of cost-estimating methods.
                                
                                      5-21

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     June 2000, Rev. 0

The cost estimates were developed for (1) capital costs; (2) O&M costs; (3) waste shipping
and disposal costs; (4) D&D costs; (5) engineering costs; (6) project management costs; and
(7) cost of borrowing money. The cost estimates are prepared so as to estimate and evaluate
each cost  element identified in the preconceptual design. Therefore, the accuracy of the
estimates  is a function of the preconceptual designs. The accuracy of all four estimates is
considered +50/-30%, which is consistent with CERCLA guidance (EPA 1988). Given the fact
that potential contractors will be given the opportunity to propose their unique designs based
on their commercial  experience, the actual design may change significantly. The  subject
accuracy establishes  a range that is likely to capture that which is ultimately bid in response
to a request for proposal to remediate the Silos 1 and 2 material and baselined following this
ROD Amendment. All estimates were developed in fiscal year 1999 (FY99) dollars so that the
alternatives with costs incurred over differing time periods can be evaluated on an equivalent
basis.

Table 5.2-2 and Figure 5.2-7 summarize the major cost elements for the four processes.
                                
                                      5-22

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                                                   FEMP-OU4-RODA FINAL
                                                        40700-RP-0008
                                                       June 2000, Rev. 0
                        TABLE 5.2-2
FEASIBILITY STUDY SUMMARY COST DATA (ALL ALTERNATIVES)
Alternative
Process Option

Capital Cost
O&M Cost
Waste Disposal Cost
D&D Cost
Engineering Cost
Project Management
Cost
Cost of Money
Summary cost
(un-escalated)
Vitrification
VIT1

$69
$134
$25
$35
$25
$22
$46
$356
VIT2

$67
$133
$20
$38
$25
$22
$37
$342
Chemical Stabilization
CHEM1

$55
$77
$58
$34
$24
$21
$28
$297
CHEM2

$56
$83
$55
$36
$24
$21
$28
$303
                           5-23

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                                                                        FEMP-OU4-RODA FINAL

                                                                               40700-RP-0008

                                                                             June 2000, Rev. 0
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                                        5-24

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                                                                    FEMP-OU4-RODA FINAL
                                                                          40700-RP-0008
                                                                        June 2000, Rev. 0

All four process options are cost effective; the costs appear proportional to the overall
protectiveness provided by the alternatives, both during and following the remediation period.
The  cost  differential between the vitrification  and chemical stabilization alternatives  is
approximately 16%, with the cost of chemical stabilization being lower.  The  following
discussion identifies the differences between the four alternatives for the key cost elements.

Capital Cost
Vitrification has a higher estimated capital cost than chemical stabilization  due to the
complexity of the process equipment. The need for sizeable interim storage areas for
chemical  stabilization  partially off-sets  the  higher equipment costs of the vitrification
alternative.

Operations and Maintenance Cost
Vitrification has a higher estimated O&M cost than chemical stabilization for the following
reasons:
             Vitrification operations are on a 24 hr/day, 7 days/wk schedule;
             Vitrification requires an additional 8-month proof of process testing (full-scale
             surrogate operations);
             Vitrification has more expensive spare parts (specialized). Melter refractory life
             is limited and may need to be replaced during the 3 years of operation; and
             Vitrification uses more costly consumables  (chemicals, supplies) and uses
             (electricity, natural gas).
                                        5-25

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Waste Shipping and Disposal Cost
Chemical stabilization has higher estimated packaging, transportation, and disposal costs
than vitrification. The lowerwaste loading (chemical stabilization) produces a greater volume
of treated material resulting in an increased number of disposal containers, shipments, and
disposal volume.

D&D Cost
The D&D costs are roughly equivalent for both alternatives. Vitrification has a higher D&D cost
due to the more complicated plant layout (multiple floors, equipment). However, the difference
is offset by the D&D cost of chemical stabilization having more building debris to handle due
to the larger interim storage facility.

Engineering Cost
Vitrification has a slightly higher estimated engineering cost than chemical stabilization due
to the complexity of the process design.

Project Management Cost
Vitrification has higher estimated project management costs than chemical stabilization due
to the vitrification schedule being  longer, with project management being level-of-effort based
on the  schedule duration.

Cost of Money
Based on the contracting strategy planned for the remediation of the Silos 1 and 2 material,
the contractor must borrow money to finance the design and construction effort, well  in
advance of being reimbursed in accordance with a predetermined pay item schedule. Since
vitrification has a higher upfront capital cost investment, vitrification has a higher cost  of
borrowing money than chemical  stabilization.
                                       5-26

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                   6.0   SUPPORT AGENCY COMMENTS



6.1    State Acceptance



The State of Ohio concurs with the selected remedy and the ARARs put forth in this ROD

Amendment for the remediation of the OU4 Silos 1 and 2 material. Tables 6.1-1 presents the

OEPA comments issued during the formal public comment period and DOE responses to the

comments.
                              
                                    6-1

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                                               TABLE 6.1-1

                 OEPA COMMENTS ISSUED DURING FORMAL PUBLIC COMMENT PERIOD
                                                                                             Response
General
The OU4 Silos 1 and 2 Proposed Plan is the culmination of
efforts by U.S. DOE, Ohio EPA, and U.S. EPA to understand
and develop a plan for treating and disposing of the K-65 silos
and their contents. Ohio EPA believes the alternative selected
in the Proposed Plan is protective of human health and the
environment. Ohio EPA supports the preferred  alternative of
chemical stabilization for the K-65 wastes. The preferred
alternative is more implementable and will result in
substantially less secondary wastes. Of significant importance
to Ohio EPA during considering the alternatives is the release
of radon gas during treatment. Ohio EPA believes the preferred
alternative provides a substantial reduction in air pollution
releases and increased reliability of emissions  controls over
the other alternative considered.
The DOE acknowledges OEPA's support of
chemical stabilization as the preferred
technology for the treatment of the Silos 1 and 2
material.
                                                  6-2

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TABLE 6.1-1  (CONTINUED)
                                DOE should commit to including and/or developing real-time
                                monitoring for discharges to the environment resulting from
                                remedial actions. DOE should attempt to incorporate any new
                                developments in real-time monitoring from the DOE Office  of
                                Science & Technology as well as the private sector. Data
                                obtained from real-time monitors and any additional monitoring
                                activities should be provided to the Ohio EPA and public in a
                                timely manner.
As part of the remedial design activities for the
Silos 1 and 2 remedial actions, a preliminary and
final safety assessment will be conducted by
DOE to establish the safety basis and design
objectives for the construction and the operation
of all remedial facilities. The safety basis
includes those measures (i.e., procedures,
training, monitoring equipment) necessary to
ensure that facilities will be constructed and
operated in a safe manner and in compliance with
ARARs.
                                                                   6-3

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TABLE 6.1-1  (continued)
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                                                 Comment
                         Response
    2
 (cont.)
It is the DOE policy in its conduct of operations to require facility
operations procedures to be developed and adhered to during all
remedial actions. Training of personnel to those procedures will
be paramount to ensure safe conduct of all operations. DOE and
Fluor Fernald, Inc. have developed and maintain the necessary
emergency plans and procedures to adequately define the
emergency management program, provide guidance for all
emergency responders, proper notification of the public, ensure
adequate monitoring and performance for critical systems, and to
meet all regulatory requirements.

Developing a plan for the use of "real-time" monitoring is an
integral part of the remedial design which will be developed in
partnership with EPA and OEPA.  Results of "real-time" radon
monitoring are currently available through the Integrated
Environmental Monitoring Program and the Fernald Website
(www.fernald.aovV As the project develops, the Silos 1 and 2
Project will define occupational monitoring requirements,
including "real-time" monitoring. These results will also be made
available to the affected workforce.

DOE expects to work closely with the EPA and OEPA to
establish monitoring programs responsive to the environmental,
public health, and occupational concerns regarding remediation
of Silos 1 and 2 material.
                                                                   6-4

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TABLE 6.1-1  (continued)
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                General
DOE should attempt to incorporate pollution
prevention activities whenever possible during
the design and operation of the Silos 1 and 2
remedial action systems, including using this
as a criterion in selection of a contractor. All
available methods to reduce or eliminate
discharges and releases should be considered
during the design of the system. The
consideration of reducing decontamination and
demolition volumes and cost should be part of
the contractor selection and design activities.
It is DOE policy, in accordance with Executive Order 12856,
whenever feasible to apply pollution prevention and waste
minimization principles into the design and operation of all its
facilities. Accordingly, the technical specification for the Request
for Proposal to be issued for this project contains provisions for
the future contractor to incorporate pollution prevention and
waste minimization features during the design effort. One of the
evaluation criteria to be used in selecting the future contractor is
the degree to which his design exhibits minimization of primary
and secondary wastestreams. As part of the CERCLA remedial
design process, EPA and OEPA will have the opportunity to
review and approve the Contractor's design.
                General
DOE must ensure the public that their
involvement will not be diminished during
Remedial Design and Remedial Action
(RD/RA). DOE should commit within the
Record of Decision for OU4 Silos 1 and 2 to
maintaining the exceptional on-going public
involvement program during RD/RA.
The public has played a fundamental role in shaping the path
forward for the Silos Project. DOE is committed to sustaining
public involvement through completion of the Silos 1  and 2
RD/RA activities. The Record of Decision Amendment will
reaffirm DOE's commitment to public involvement.
                                                                    6-5

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                     7.0   STATUTORY DETERMINATIONS



The NCR [40 CFR Section 300.430(f)(5)(ii)] specifies that a ROD shall describe the

following statutory requirements as they relate to the scope and objectives of the action:
       i
How the selected remedy is protective of human health and the environment;
       !   How the remedy will comply with all ARARs established under federal and state
          environmental laws (or justify a waiver);

       !   How the remedy is cost-effective (i.e., provides overall effectiveness proportional
          to its costs);

       !   How the remedy will  use permanent solutions and alternative technologies or
          recovery technologies to the maximum extent practicable; and

       !   How the remedy will  satisfy the statutory preference for remedies that employ
          treatment that  permanently and significantly reduces the toxicity, mobility,  or
          volume of the hazardous substances, pollutants, or contaminants as a principle
          element, or if it is not satisfied, explain why a remedy providing reductions in
          toxicity,  mobility, or volume was not selected.

In addition, CERCLA requires five year reviews to determine if adequate protection of human

health and the environment is being maintained where RAs result in hazardous substances

remaining on-site above health-based levels. A discussion is provided below on how the
selected response actions for Silos 1 and 2 satisfy these statutory requirements.
                                       7-1

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7.1    Protection of Human Health and the Environment

The selected remedy achieves the requirement of being protective of human health and the
environment by: (1) removing the sources of contamination, (2) treating and stabilizing the
materials giving rise to the principle threats from Silos 1 and 2, (3) disposing of treated
materials at an off-site location that provides the appropriate level of protectiveness; and, (4)
remediating contaminated soils and debris to protective levels. The contents of Silos 1 and
2 and the Decant Sump Tank System will be removed and treated through a chemical
stabilization process and disposed at the NTS. Chemical stabilization will immobilize these
materials and inhibit leaching of contaminants to the environment when they are disposed.
Concrete from Silos 1 and 2 structures will undergo gross decontamination, demolition, size
reduction, and packaging before being shipped off-site for disposal at the NTS or an
appropriate PCDF. Silos 3 and 4 concrete structures and other facilities (i.e., treatment
facilities, RTS, superstructures) will be removed from OU4 and disposed of  in a  manner
consistent with the approved OU3  ROD (FEMP 1996c). Contaminated soil will  also be
removed and disposed in a manner consistent with the approved OU5 ROD (FEMP 1996d).

Baseline cancer risks from current conditions exceed the 10"4 to 10"6 acceptable risk range.
Under the future land use scenario of continued federal ownership, the residual cancer risk
from Silos 1 and 2 will be reduced to less than 1 x 10"6. There are no short-term threats
associated with the selected remedy that cannot be readily controlled. In addition, no adverse
cross-media impacts are expected from the remedy.
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7.2   Compliance with Applicable or Relevant and Appropriate Requirements

In accordance with Part 121 of CERCLA, the selected remedy will achieve a standard or level
of control consistent with all Federal and State of Ohio ARARs and TBCs. The selected
remedy will also be performed in accordance with all pertinent DOE Orders.  Appendix A
provides a listing of the chemical-, action-, and location-specific ARARs and TBCs that are
invoked by this remedy.

Removal, treatment by chemical stabilization, and shipment for off-site disposal of Silos 1 and
2 material will be conducted in accordance with ARARs identified in this ROD Amendment.
Concrete debris from Silos 1 and 2 will be disposed off-site at the NTS or an appropriate
PCDF. Disposition of rubble and debris from Silos 3 and 4 and associated facilities (i.e.,
superstructures, treatment facilities, and the RTS)  will be performed in accordance with the
OSDF WAC, and will  be conducted in accordance with the ARARs identified in the OU3 ROD.
Disposition of soils  from Silos  1 and 2 will be  conducted in accordance  with ARARs
established in the OU5 ROD. Any interim storage of rubble and debris or soils, prior to final
disposition under the RODs for OU3 and OU5, respectively, will be in accordance with ARARs
identified in this ROD Amendment, pertinent DOE Orders, and applicable site procedures.

Silos  1 and 2 material destined for remediation  is by-product material as defined under
Section 11 (e)(2) of the Atomic Energy Act of 1954, and as such, is excluded from RCRA
regulation [40 CFR Section 261.4(a)(4)]. By-product material, as defined by the AEA, includes
tailings or wastes produced by the extraction or concentration of uranium and thorium from any
ore processed primarily for its source material content (42 U.S.C. 2014).
                                      7-3

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Since the Silos 1 and 2 material is excluded from regulation as solid or hazardous waste, the
requirements under RCRA are not applicable to Silos 1 and 2 RAs. However, based on
analytical data, the material is sufficiently similar to RCRA hazardous waste because Silos
1 and 2 material exceeds toxicity characteristic levels for various toxicity characteristic metals
under RCRA. Therefore,  certain  substantive requirements of RCRA are relevant and
appropriate for management of the Silos 1 and 2 material, and are included in the table of
ARARs in Appendix A. The selected remedy will meet all relevant appropriate RCRA
requirements.

7.3   Cost Effectiveness

The selected remedial alternative has been determined to be protective of human health and
the environment, and to be cost effective. The estimated project cost for this remedy is
approximately three-hundred (300) million dollars.

7.4   Utilization of Permanent Solutions and Alternative Treatment
      Technologies or Resource Recovery Technologies to the Maximum Extent
      Practicable

The EPA and the State of Ohio have determined that the selected remedy for Silos 1 and 2
represents the maximum extent to which permanent solutions and treatment technologies can
be used in a cost-effective manner. Of the alternatives that are protective of human health and
the environment and comply with ARARs, the EPA and the State of Ohio have determined that
this selected remedy provides the best balance of tradeoffs among the alternatives in terms
of long-term effectiveness and permanence, reduction in toxicity, mobility, or volume through
treatment, short-term effectiveness, implementability, and cost. The selected remedy also
meets the statutory preference for treatment as a principle element.
                                      7-4

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Chemical stabilization and off-site disposal will provide permanent treatment for the Silos 1
and 2 material. By chemically binding the contaminants into a chemical stabilization matrix,
the mobility of the contaminants significantly reduces the leachability of metal contaminants
of concern to levels that are below RCRA regulatory thresholds. As a result, the selected
remedy would meet the CERCLA criteria for permanent solutions that reduce the toxicity,
mobility, or volume through treatment.
7.5   Preference for Treatment as a Principal Element

The statutory preference for remedies that employ treatment as a principal element is
satisfied. By treating the contents of Silos 1 and 2 in a chemical stabilization process, and
providing for management, including treatment and disposal, of contaminated debris and soils
consistent with the OU3 and OU5 RODs, the selected remedy mitigates the principal threats
posed by OU4 through the use of treatment technologies. The treatment provided by chemical
stabilization accomplishes a significant, permanent reduction in mobility of the COCs.
7.6   Irreversible and Irretrievable Commitment of Resources

Implementing the selected remedy will result in permanent commitment of on-property land
and associated natural resource services for material disposal at the FEMP site and off-site
at the NTS.

Soil at the FEMP site and the NTS will be disturbed by construction and excavation activities.
Many impacts will be temporary,  pending completion of remedial activities and restoration
programs. The implementation of the selected remedy will temporarily disturb approximately
13,747 m3 (17,981 yd3) to 13,958 m3 (18,257 yd3) of soil at the FEMP site. All areas disturbed
at the FEMP site will be regraded and revegetated.
                                       7-5

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Soil at the NTS will be permanently disturbed for the disposal of chemical stabilized Silos 1
and 2 material. However, disturbance of soil will be in an area previously designated by the
NTS for low-level radioactive waste disposal (Area 5 Radioactive Waste Management Site)
as evaluated in the NTS-EIS.

The area of the FEMP designated for Silos 1 and 2 remedial activities has already been
industrialized, and does not provide a critical habitat for threatened or endangered species.
Therefore, the short-term disturbance of land under the selected remedy is not anticipated to
impact biotic resources. The desert tortoise is the only threatened or endangered species at
the NTS.  DOE-NV has evaluated the effects of the programs of the NTS-EIS on the desert
tortoise. Because disposal of chemical stabilized Silos 1  and 2 material will be in an area
previously designated for low-level radioactive waste disposal (Area #5), disturbance of land
at the NTS is not expected to impact biotic resources.

The selected remedy is not anticipated to adversely impact wetlands and associated natural
resource  services. Long-term direct impacts to the floodplain resulting in changes of flood
elevations will not occur. Engineering controls would be implemented to minimize or eliminate
any indirect impacts.  The NTS does not have any designated wetland areas or floodplain
areas.

The implementation of this alternative is expected to have minor impacts on the surface water
hydrology at the NTS. The NTS lies in an arid region with little rainfall; continuously flowing
streams are nonexistent at the NTS.
                                       7-6

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Through erosion control and dust suppression, transport to adjacent surface water bodies of
contaminants disturbed during remediation at the FEMP is not expected. Surface water near
the site would  be monitored  during remediation in accordance with the existing National
Pollution Discharge Elimination System permit to assess potential impacts to the water from
remediation. Because material would always be contained, remediation activities would not
be expected to increase the release of contaminants to the groundwater.

It is assumed that resources  for remedial work will be  purchased within the consolidated
metropolitan statistical area (CMSA), resulting in a minor beneficial impact to the CMSA in
the short-term.  Furthermore, the removal of the Silos 1  and 2 material reduces impacts to
population and economic growth in the area.

Since 1951, primary land use on the NTS has been nuclear weapons testing and low-level
radioactive waste disposal for on-site and off-site DOE-affiliated generators. The NTS is
surrounded on  the east, north, and west sides by public access exclusion zones (e.g.  Nellis
Air Force Base Bombing and Gunnery Range). This area provides a buffer zone between the
test areas and public lands of 24  to 105 kilometers (15 to 65 miles). The off-site areas
adjacent to the NTS are predominantly rural; hence, aesthetic impacts are not expected to
change. Therefore, disposal activities associated  with the selected remedy do not impact
socioeconomics or land use at the NTS.
                                       7-7

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                                                                   June 2000, Rev. 0
                      8.0    COMMUNITY PARTICIPATION

8.1    Community Acceptance

Community acceptance is one of the criteria that DOE and EPA are committed to considering
during the decision-making process for selecting a remedy for the Silos 1 and 2 material. The
NCR specifies that the public must be provided the opportunity for input in selection of RAs.
Specifically,  the  NCR  [40  CFR  Section  300.435(c)(2)(ii)]  specifies  that  proposed
amendments to the ROD and information supporting the decision be made available for public
comment. This interaction with the community is critical to the CERCLA  process and to
making sound environmental decisions.

To augment public involvement throughout the decision-making process, the DOE-FEMP
chartered the Critical Analysis Team (CAT). The CAT, which  is comprised of  three
independent technical and process oriented leaders, is focused on evaluating the technical
basis and objectivity of the development and evaluation of the remedial alternatives. Through
their development, the revised Silos 1 and 2 FS, the PP, and this ROD Amendment, have
considered input of the CAT. The CAT has provided independent feedback to the public on
its technical evaluation of the documentation supporting this ROD Amendment (FS, PP, POP
test reports).
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During the decision-making process documented in this ROD Amendment, DOE has actively
informed and solicited feedback from stakeholders. The DOE  has sponsored several
community briefings and workshops both locally and at the NTS to share the data supporting
the evaluation of alternatives in the revised FS and PP. In addition, the DOE has sponsored
formal public hearings regarding the PP both locally and at the NTS in an effort to provide the
public a forum to provide verbal comments on the preferred alternative identified in the PP.
Table 8.1-1 presents a summary of these public involvement opportunities.
                                 TABLE 8.1-1
            SUMMARY OF PUBLIC INVOLVEMENT OPPORTUNITIES
Meeting Topic

Preliminary Screening of Alternatives
Presentation of Proof of Principle testing data
Summary of Detailed Analysis of Silos 1 and 2 FS
Fernald Citizens Advisory Board (FCAB)
FS overview with FCAB
Summary of Comparative Analysis of Silos 1 and 2
FS
Nevada Test Site Citizens Advisory Board
Summary of Silos 1 and 2 FS Comparative
Analysis
FCAB Proposed Plan Summary
Formal Public Hearing on Silos 1 and 2 PP
Formal Public Hearing on Silos 1 and 2 PP
Location/Date

FEMP/December 1997
FEMP/July13, 1999
FEMP/October12, 1999
FEMP/October14, 1999
FEMP/November4and6, 1999
FEMP/November17, 1999
Las Vegas, Nevada/December 1 ,
1999
FEMP/December 6, 1999
FEMP/April 25, 2000
Las Vegas, Nevada/May 3, 2000
                                      8-2

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The DOE and  EPA have considered all public comments on the preferred alternative
identified in the PP in preparing this ROD Amendment. All written and verbal comments
received during the public comment period have been summarized and responded to in the
Responsiveness Summary section of this ROD Amendment (Appendix B).
8.2   Community Participation

The community is encouraged to read and provide comments on the ROD Amendment for
Silos 1 and 2. This ROD Amendment puts forth a selected RA alternative for the Silos 1 and
2 material based upon the content and conclusions of the FS and PP, as well as input
provided by the EPA, OEPA, and stakeholders.

The revised  FS for Silos 1 and 2, PP, ROD Amendment, and other supporting documents are
available from the Administrative Record, located at the PEIC and at the EPA offices in
Chicago, Illinois. Addresses for these Administrative  Record locations are provided below.

The dates for the comment period have been announced in the local media and are posted
at the Administrative Record locations; addresses and hours are as follows:
       Public Environmental Information Center      U.S. EPA Region V
       10995 Hamilton-Cleves Highway            77 W. Jackson Blvd.
       Harrison, Ohio 45030                     Chicago, Illinois 60604

       513-648-7480                            312-886-0992
       Monday, 7:30 a.m. to 8 p.m.                Monday - Friday, 8a.m. to 5 p.m.
       Tuesday - Thursday, 7:30 a.m. to 5 p.m.
       Friday, 7:30 a.m. to 4:30 p.m.
                                     8-3

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Your comments may be submitted by mail to:


            Mr. Gary Stegner                     Mr. James A. Saric
            U.S. Department of Energy             U.S. EPA, 5HRE 8J
            Fernald Area Office                   77 W. Jackson Blvd.
            P.O. Box 398705                     Chicago, Illinois 60604
            Cincinnati, Ohio 45239-8705

            513-648-3131                        312-886-0992

The OEPA is participating in  the RI/FS and RA processes at the FEMP. For additional
information concerning the state's role in the cleanup process at the FEMP or regarding the
specifics of the revised FS and PP contact:


                  Tom Schneider
                  Ohio Environmental Protection Agency
                  401 E. Fifth Street
                  Dayton, Ohio 45402-2911

                  513-285-6466.

For additional information on public participation activities related to the revised Silos 1 and
2 FS, PP, or the FEMP site, visit the DOE-FEMP website at http://www.fernald.aov/.


8.3   Post-ROD Amendment Community Participation


Historically, the public has played a fundamental role in shaping the path forward for the Silos
Project. DOE will sustain the same level of public involvement throughout the implementation
of the Remedial Design/Remedial Action (RD/RA) activities, as was proven effective during
the revised FS/PP and ROD Amendment  process.


DOE is committed to maintaining public involvement through completion of the Silos 1 and 2
RD/RA activities. Per requirements under the NCP (40 CFR Section 300.435), DOE at a
minimum will:
                                      8-4

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Upon completion of the final engineering design, prepare a fact sheet describing the RD

(40 CFR Section 300.435).



Provide a public briefing upon completion of the final engineering design and prior to the

beginning of the RA (40 CFR Section 300.435).



Continue to provide project status through the Monthly Progress Briefings.
                            
                                    8-5

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                             9.0   BIBLIOGRAPHY
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
1980. U.S. Code. Vol. 42, sees. 9601 - 9675.
[overview at http://www.epa.gov/superfund/whatissf/cercla.htm]

Fernald Environmental Management Project (FEMP). 1993a. Remedial Investigation Report
for Operable Unit 4. Prepared under contract for the U.S. Department of Energy: Fernald
Field Office, Fernald, OH. (4AR Index Numbers Vol. l-lll: U-006-304.15 - 17)

-  1993b. Feasibility Study/Proposed Plan - Final Environmental Impact Statement
   (FS/PP-EIS) for Remedial Actions at Operable Unit 4. DOE/EIS-0195D. Prepared under
   contract for the U.S. Department of Energy: Fernald Field Office, Fernald, OH. (4AR Index
   No. Vol. I-IV:  U-006-404.8 - 11;  also includes  FS Vol. I-IV U-006-404.13 - 16;  PP
   U-006-405.3; and Rl Vol. l-lll U-006-304.15 -17)

-  1994a. Feasibility Study for Operable Unit 4. Prepared under contract for the U.S.
   Department of Energy: Fernald Field Office, Fernald, OH. (4AR Index Numbers Vol. I-IV:
   No. U-006-404.13-16)

-  1994b. Proposed Plan for Remedial Actions at Operable Unit 4. Prepared under contract
   for the U.S. Department of Energy: Fernald Field Office, Fernald, OH. (4AR Index No.
   U-006-405.3)

-  1996a. Operable Unit 4 Vitrification Pilot Plant. Phase I Interim Treatability Study Report,
   Campaign 1, 40110-WP-0001, Rev. 0. Prepared under contract for the U.S. Department
   of Energy: Fernald Field Office, Fernald, Ohio. (4AR Index No. U-006-409.28)
   Documentation of Remedial Investigation/Feasibility Study activities for each operable unit is
   made availableforpublicreview. The Comprehensive Environmental Response, Compensation,
   and Liability Act (CERCLA) Administrative Records for the FEMP site are located at the Public
   Environmental Information Center (PEIC) in Harrison, OH. 513-648-7480.

                                       9-1

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1996b. Operable Unit 4 Vitrification Pilot Plant. Phase I Interim Treatability Study Report,
Campaign 2,40110-WP-0002, Rev. 1. Prepared under contract for the U.S. Department
of Energy: Fernald Field Office, Fernald, OH. (4AR Index No. U-006-409.29)

1996c. Operable Unit 3 Record of Decision for Final Remediation Action. Prepared
under contract for the U.S. Department of Energy: Fernald Field Office, Fernald, OH. (4AR
Index No. U-005-501.9)

1996d. Operable Unit 5 Record of Decision. Prepared under contract for the U.S.
Department of Energy: Fernald Field Office, Fernald, OH. (4AR Index No. U-007-501.4)

1997a. Operable Unit 4 Vitrification Pilot Plant. Phase I Interim Treatability Study Report,
Campaign 4, 40110-WP-0003, Rev. 0. Prepared under contract for the U.S. Department
of Energy: Fernald Field Office, Fernald, Ohio. (4AR Index No. U-006-506.3)

1997b. VITPP Melter Incident Final Report. Prepared under contract for the U.S.
Department of Energy: Fernald Field Office, Fernald, OH. (4AR Index No. U-006-506.2)

1998a. Final Explanation of Significant Differences for Operable Unit 4 Silo 3 Remedial
Action at the Fernald Environmental Management Project. 40400-RP-0004. Prepared
under contract for the U.S. Department of Energy: Fernald Field Office, Fernald, OH. (4 AR
Index No. U-006-503.11)

1998b. Waste Acceptance Criteria Attainment Plan for the On-Site Disposal Facility.
Prepared under contract for the U.S. Department of Energy: Fernald Field Office, Fernald,
OH. (4AR Index No. U-006-409.34)

1999a. Revised Feasibility Study Report for Silos 1 and 2. Prepared under contract for
the U.S. Department of Energy: Fernald  Field Office, Fernald, OH. (4AR Index Numbers
Vol. I-IV: U-006-404.18-21)
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                                                                  June 2000, Rev. 0

-  1999b. Revised Proposed Plan for Remedial Actions at Operable Unit 4. Prepared
   under contract for the U.S. Department of Energy: Fernald Field Office, Fernald, OH. (4AR
   Index No. U-006^05.4)

National Environmental  Policy Act (NEPA). 1969.  U.S.  Code. Vol. 42,  sec. 4332.
[http://www.tis.eh.doe.gov/nepa/policy.htm]

National Oil and Hazardous Substances Pollution Contingency Plan (NCP). lat. rev. 1990.
Federal  Register  Vol.   55,   No.  46.   (4AR  Index   No.  U-006-409.23)
[http://www.epa.gov/oerrpage/oilspill/ncpover.htm]

Silos Project Independent Review Team (IRT). 1997. S//os Project Independent Review
Team Final Report. Prepared for Fluor Fernald: Fernald, OH. (4AR Index No. U-006-506.4)

U.S. Department of Energy (DOE). 1996. Work Plan for FEMP Removal Action No. 17 -
Improved Storage of Soil and Debris. (4AR Index No. R-028-204.11 for Work Plan; Addenda
R-028-204.13&14)

-  1999. Office of the Deputy Assistant Secretary for Nuclear and Facility Safety. Waste
   Vitrification Systems  Lessons  Learned.  Germantown, MD:  Office  of Engineering
   Assistance and Site Interface. (4AR Index No. U-006-409.11)

U.S. Environmental Protection Agency (EPA). 1988. Office of  Emergency and Remedial
Response. Guidance for Conducting Remedial Investigations and Feasibility Studies Under
CERCLA. EPA540G89004. Washington, D.C.: Dept. of Commerce  National Technical
Information Service (NTIS). (1AR Index No. G-000-1101.2)

-  1991. Consent Agreement as Amended under CERCLA Sections 120 and 106(a) in
   Matter of: U.S. Department of Energy Feed Materials Production Center, Fernald, Ohio.
   Chicago, IL: Office of Public Affairs, Region 5. (4AR Index No. G-000-710.12)

-  1994. Record of Decision for Operable Unit 4. EPA ID OH6890008976; ROD  ID
   EPA/ROD/R05-95/287. (4AR Index No. U-006-501.5)
   [abstract at http://www.epa.gov/superfund/sites/rodsites/0504934.htm]
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1997a. RE: OU4 Post-ROD Changes, letter from J.A. Saric (USEPA) to J.W. Reising
(USDOE). (4AR Index No. U-006-409.17)

1997b. Agreement Resolving Dispute Concerning Denial of Request for Extension of
Time for Certain Operable Unit 4 Milestones Chicago, IL: Office of Public Affairs, Region
5. Administrative Docket No. V-W-90-C-057. (4AR Index No. U-006-409.16)
                          
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                      APPENDIX A
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS/
   TO BE CONSIDERED CRITERIA FOR MANAGEMENT OF THE
                SILOS 1 AND 2 MATERIAL

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                            TABLE OF CONTENTS
                                                                         Page
Acronyms and Abbreviations 	a-ii

Overview	  A-1
Table A-1
Summary of ARARs for Silos 1 and 2 Material Remedial
Action Alternatives, Chemical-Specific	
Table A-2    Summary of ARARs for Silos 1 and 2 Material Remedial
            Action Alternatives, Location-Specific	
Table A-3    Summary of ARARs for Silos 1 and 2 Material Remedial
            Action Alternatives, Action-Specific	
                                                                           A-2
                                                               A-7
                                                               A-8
Table A-4    Other Requirements for Silos 1 and 2 Remedial Action Alternatives ...  A-24
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                     ACRONYMS AND ABBREVIATIONS
ARAR
BMP
CAA
CFR
COC
CWA
DCG
DOE
EDE
FEMP
mrem
NEPA
NPDES
NTS
NWP
OAC
ORC
OU
pCi/L
RCRA
ROD
TBC
TSD
MCi/L
WAC
applicable or relevant and appropriate requirement
Best Management Practice
Clean Air Act
Code of Federal Regulations
constituent of concern
Clean Water Act
derived concentration guide
U.S. Department of Energy
effective dose equivalent
Fernald Environmental Management Project
milliroentgen per equivalent man
National Environmental Policy Act
National Pollution Discharge Elimination System
Nevada Test Site
Nationwide Permit
Ohio Administrative Code
Ohio Revised Code
operable unit
picoCuries per liter
Resource Conservation and Recovery Act, as amended
Record of Decision
to be considered
treatment, storage,  and disposal
microcurie  per liter
waste acceptance criteria
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                                  OVERVIEW

Appendix A presents a summary of applicable or relevant and appropriate requirements/to
be considered criteria (ARARs/TBCs) associated with the remedial action selected for Silos
1  and 2  material.  These  tables  group the ARARs/TBCs  according  to type (i.e.,
Chemical-specific, Location-specific, and Action-specific) and by governing regulatory act
[e.g., Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery
Act, as amended (RCRA), etc.). The tables identify the  regulatory requirement,  a brief
description of the requirement, and the classification of the ARAR/TBC.

Removal, treatment by chemical stabilization, and shipment for off-site disposal of Silos 1  and
2 material will be conducted in accordance with the ARARs identified in this Record of
Decision (ROD) Amendment.  Concrete debris from Silos 1  and 2 will  undergo gross
decontamination, demolition, size reduction, and packaging prior to shipment off-site for
disposal at the Nevada Test Site (NTS) or an appropriately licensed commercial disposal
facility. Disposition of rubble and debris from Silos 3 and  4 and associated facilities (i.e.,
superstructures,  treatment facilities, and the Radon Treatment System) will be performed in
accordance with the On-site Disposal Facility Waste Acceptance Criteria (WAC), and will be
conducted in accordance with the ARARs identified in  the Operable Unit 3 (OU3) ROD.
Disposition of soils from Silos  1 and 2 will be conducted in accordance with ARARs
established in the Operable Unit 5 (OU5) ROD.  Any interim storage of rubble and debris or
soils, prior to final disposition under the RODs for OU3 and OU5, respectively, will be in
accordance with ARARs identified in this ROD Amendment, pertinent Department of Energy
(DOE) Orders, and applicable site procedures.
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                                                                   TABLE A-1

                                           SUMMARY OF ARARS FOR SILOS 1 AND 2 MATERIAL
                                        REMEDIAL ACTION ALTERNATIVES, CHEMICAL-SPECIFIC
Medium
CAA
Requirement
ARAR/TBC
Rationale for Implementation
  Air     Radionuclide Emissions
          (Except Airborne Radon-222),
          40 Code of Federal
          Regulations (CFR) Part 61
          Subpart H.
                  Emissions of radionuclides to the ambient air
                  from DOE facilities shall not exceed those
                  amounts that might cause any member of the
                  public to receive, in any year, define an
                  effective dose equivalent (EDE) of 10
                  milliroentgen equivalent man (mrem) or
                  greater per year.

                  Monitoring is  required at release points
                  having potential to discharge radionuclides
                  that could cause an EDE in excess of 1% of
                  the standard (0.1 mrem/yr) to any member of
                  the public.
                              Applicable
               Radioactive materials within Silos 1 and 2 might
               contribute to the dosage to members of the public from
               the air pathway during implementation of remedial
               actions since the National Emissions Standards for
               Hazardous Air Pollutants applies to operating units.
  Air     Radon-222 Emissions, 40 CFR
          Part 61 Subpart Q.
                  No source at a DOE facility shall emit more
                  than 20 picoCuries per square meter - second
                  of radon-222 as an average for the entire
                  source during periods of storage and
                  disposal.
                              Applicable
               Facilities such as Silos 1 and 2 qualify as sources since
               they contain radium-226 in sufficient concentrations to
               emit radon-222. This requirement is applicable only to
               storage and disposal of radium-bearing by-product
               material.
Medium
DOE
Requirement
ARAR/TBC
Rationale for Implementation
  Air     Residual Radioactive Material,
          Proposed 10 CFR Part 834
                  Interim Storage

                  The above-background concentration of
                  radon-222 in air above an interim storage
                  facility must not exceed: 100 picoCuries per
                  liter (pCi/L) at any point, an annual average of
                  30 pCi/L over the facility, or an annual
                  average of 0.5 pCi/L at or above any location
                  outside the site.
                                To be
                              considered
               Management of radium and thorium bearing waste might
               result in the release of radon gas to the environment.
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TABLE A-1 (continued)
Medium
Air













DOE
(continued)
Radiation
Protection of
the Public and
the
Environment,
Proposed 10
CFR Part 834.













Requirement
Residual concentrations of radionuclides in the air within
uncontrolled areas are limited to those listed below (for known
mixtures of radionuclides, the sum of the ratios of the observed
concentration of each radionuclide to its corresponding limit must
not exceed 1.O.).
Derived Concentration Guide
microCuries per milliliter (uCi/mL)
Isotope Da W Y
Actinium-227 2x10'15 7x10'15 1 x 10~14
I par! 710 Q Y 10'13 b
Pnlnninm 710 1 Y 10~12 1 Y 10~12
Prntartiniiim 7"}1 QY 10"15 1 Y 10"14
RaHium 774 4Y10'12
Rarlinm77fi 1 Y 10'12
RaHium 778 "3Y10"12
Tprhnptiiim QQ 1 Y 10'8 7 Y 10'9
^trnntium QOC *i Y 10'11 Q Y 10'12
Thnrinm778 ^YlO'14 4 Y 10 14
Thnrinm 7"}0 4Y10'14 ^YlO'14
Thnrium 7^7 ?Y 10~15 1 Y 10'14
Uranium-234 4x10'12 2x10'12 9x10'14
Uranium-235 5x10'12 2x10'12 1 x 10'13
Uranium-236 5x10'12 2x10'12 1 x 10'13
Uranium-238 5x10'12 2x10'12 1 x 10~14
a D, W, and Y (days, weeks, years) represent lung retention
classes; removal halftimes assigned to the compounds with
classes D, W, and Y are 0.5, 50, and 500 days, respectively.
Exposure conditions assume an inhalation rate of 8,400 cubic
meters of air per year (based on an exposure over 24 hours per
day, 365 days per year).
b A dashed line means that no limit has been established.
c The value shown for daily derived concentration guide (DCG) is
for strontium radionuclides with a f, value of 3 x 10~1. The value
shown for yearly DCG is for strontium radionuclides for a f, value
of 1 x 10-2.
ARAR/TBC
To be
considered













Rationale for Implementation
Remediation of the Silos 1 and 2 material has the
potential to release radionuclides.













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TABLE A-1 (continued)
Medium
Water

















DOE
(continued)
Radiation
Protection of
the Public and
the
Environment,
Proposed 10
CFR Part 834.

















Requirement
Residual concentrations of radionuclides in water that may be
ingested are listed below. These DCGs for the constituents of
concern (COCs) are based on a committed EDE of mrem/yr,
assuming ingestion of 2 liters/day. Note that these DCGs apply
only if ingestion is the single pathway of exposure.
Ingested Water DCGs
Isotope CuCi/mL)
Actinium-227 1x10~8
Lead-210 3x1 0'8
Polonium-210 8x1 0'8
Protactinium-231 1x1 0~8
Radium-224 4x1 0'7
Radium-226 1x10'7
Radium-228 1x10'7
Technetium-99 1x10'4
Strontium-90 1x1 0~6
Thorium-228 4x1 0'7
Thorium-230 3x1 0'7
Thorium-232 5x1 0'8
Uranium-234 5x1 0'7
Uranium-235 6x1 0'7
Uranium-236 5x1 0'7
Uranium-238 6x1 0'7
ARAR/TBC
To be
considered

















Rationale for Implementation
Remediation of the Silos 1 and 2 material has the
potential to release radionuclides.

















                                                                    A-4

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TABLE A-1 (continued)
Medium
Water
Water
















CWA
Ohio Water
Quality
Standards,
Ohio
Administrative
Code (OAC)
3745-1-04.
Ohio Water
Quality
Standards,
OAC 3745-1-
07.
















Requirement
"Five Freedoms" for surface water:
Surface waters of the state shall be free from:
objectionable suspended solids;
floating debris, oil and scum;
materials that create a nuisance;
• toxic, harmful or lethal substances; and
nutrients that create nuisance growth
Use Designations and Criteria
All pollutants or combinations of pollutants shall not exceed, outside the
mixing zone, the Numerical and Narrative Criteria for Aquatic Life Habitat
and Water Supply Use Designations listed in Tables 7-1 through 7-15 of
this rule.
The following COCs for OU4 have warm water habitat criteria
concentrations outside the mixing zone as follows:

Average conc.a 30-day Criteria
Constituent micrograms per cone.
liter (ug/L) (ug/L)
antimony 650 190
arsenic 360 190
beryllium Tab. 7-1 Ob Tab. 7-11 c
cadmium Tab. 7-10 Tab. 7-11
chromium Tab. 7-10 Tab. 7-11
copper Tab. 7-1 0 Tab. 7-1 1
cyanide 46 12
lead Tab. 7-10 Tab. 7-11
mercury 1.1 0.20
nickel Tab. 7-10 Tab. 7-11
selenium 20 5.0
silver Tab. 7-10 1.3
thallium 71 16
ARAR/TBC
Relevant and
Appropriate
Applicable
















Rationale for Implementation
Pertains to discharges to surface waters
as a result of remediation and to on-site
surface waters affected by site conditions.
Paddys run and the stream segment of
the Great Miami River adjacent to the
Fernald Environmental Management
Project (FEMP) are designated as warm
water aquatic life habitats with use
designations of agricultural and industrial
water supply, and primary contact
recreation. Chemical contaminants within
Silos 1 and 2 might be released during
remediation such that they might
contribute to contamination in these
aquatic habitats. OAC 3745-1-21 (Water
Use Designation for the Great Miami
River) establishes the classification of the
receiving waters for the FEMP.










                                                                    A-5

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TABLE A-1 (continued)
  Medium
      CWA
   Requirement
                                 ARAR/TBC
Rationale for Implementation
  Water
Ohio Water
Quality
Standards, OAC
3745-1-07
(continued).
                              Constituent
average
conc.a (ug/1)
30-day Criteria cone, (ug/1)
                              zinc                      Tab. 7-10      Tab. 7-11
                              2-butanone                160000        7100
                              4-nitrophenol              790            35
                              acetone                   550000        78000
                              aldrin                     —            0.01
                              bis(2-ethylhexyl)phthalate   1100          8.4
                              carbon tetrachloride        1800          280
                              DDT                      —            0.001
                              Dieldrin                   —            0.005
                              di-n-butyl-phthalate         350            190
                              diethylphthalate            2600          120
                              dimethylphthalate          1700          73
                              endosulfand                —            0.003
                              endrin                     —            0.002
                              fluoranthene               200            8.9
                              methylene chloride         9700          430
                              PCBs                     —            0.001
                              Phenol                    5300          370
                              Tetrachloroethene          540            73
                              Toluene                   2400          1700
                              a   Criteria concentration shall be met outside mixing zone.
                              b   Criteria concentration based on hardness of water. See Table 7-10 for
                                  calculation to determine maximum concentration outside the mixing zone.
                              c   30-day average criteria based on hardness of water. See Table 7-11 for
                                  calculation to determine allowable 30-day average concentration outside
                                  the mixing zone.
                              d   No designation was made as to whether endosulfan referred to endosulfan
                                  I or endosulfan II or the sum total of each.
                              The remaining COCs for OU4 will have criteria concentration levels based on
                              calculated acute aquatic criteria or chronic aquatic criteria.
                                                                            A-6

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                    TABLE A-2

  SUMMARY OF ARARS FOR SILOS 1 AND 2 MATERIAL
REMEDIAL ACTION ALTERNATIVES, LOCATION-SPECIFIC
National Environmental
Protection Act (NEPA)/U.S.
Environmental Protection
Agency
Endangered Species Protection,
50 CFR Part 402 [Ohio Revised
Code (ORC) 1518, 1513.25 and
OAC 1501-18-1-01].
NEPA/DOE
Compliance with
Floodplain/Wetlands
Environmental Review
Requirements, 10 CFR Part 1022
(Executive Order 11990).
Requirement
Federal agencies must not jeopardize the
continued existence of any endangered or
threatened species, or destroy or adversely
modify critical habitat of such species.
Requirement
DOE actions in a wetland must first evaluate
the potential adverse effects that those actions
might have on the wetland and consider the
natural and beneficial values served by the
wetlands.
ARAR/TBC
Relevant and Appropriate
ARAR/TBC
Applicable
Rationale for Implementation
Although the FEMP is located within the range of the
Indiana bat, a federally listed endangered species, no
sighting has occurred on the FEMP. Therefore, this
requirement is relevant and appropriate. Any potential
impacts of the remedial actions on this species must
be evaluated and appropriate action taken.
Rationale for Implementation
This requirement is applicable because the FEMP is a
DOE facility. Several alternatives might result in
destruction or modification of wetland areas.
                       A-7

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                                                                    TABLE A-3
                                                  SUMMARY OF ARARS FOR SILOS 1 AND 2
                                           REMEDIAL ACTION ALTERNATIVES, ACTION-SPECIFIC
    Atomic Energy Act/DOE
               Requirement
ARAR/TBC
            Rationale for Implementation
10CFR Part 1021
DOE actions must be subjected to NEPA
evaluation as outlined by the Council on
Environmental Quality regulations in 40 CFR
Part 1500-1508
Applicable
This requirement is applicable because the FEMP is a
DOE facility, and this requirement requires NEPA
evaluation for specific actions at DOE facilities.
            CWA
               Requirement
ARAR/TBC
            Rationale for Implementation
Nationwide Permit Program, 33
CFR Part 330.
The U.S. Corps of Engineers can issue a
Nationwide Permit (NWP) as a general permit
for certain  classes of actions that involve
dredge or fill activities in wetlands or navigable
waters. Discharges of dredged or fill material
into wetlands may require a wetland
delineation.
Applicable
Remediation activities may require construction of
access roads and utility lines resulting in minor
wetland disturbances. Dredge and fill activities related
to construction of these access roads and utility lines
will be conducted in accordance with the substantive
terms and conditions of NWP 14 (Road Crossing), and
NWP 12 (Utility Line Backfill and Bedding). Ohio
Environmental Protection Agency as been granted
Section 401 State Water Quality Certification for
NWPs  12 and 14.
Discharge of Stormwater Runoff,
40 CFR Section 122.26 (OAC
3745-38).
Stormwater runoff from landfills, construction
sites, and industrial activities must be
monitored and controlled. A Stormwater
Pollution Prevention Plan is required for
construction activities that result in a total land
disturbance of five or more acres.
Applicable
Required of industrial waste sites and construction
sites of greater than five acres that discharge
Stormwater runoff to the waters of the U.S. Some
remedial alternatives evaluated might disturb more
than five acres of land.
                                                                         A-8

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TABLE A-3 (continued)
CWA (continued)
Discharge of Treatment System
Effluent, 40 CFR Section
125.100.
40 CFR Section 125.104.
Safe Drinking Water Act
Ohio Water Well Standards, OAC
3745-9-10.
Requirement
Best Management Practices (BMPs)
Development and implementation of a BMP
program to prevent the release of toxic or
hazardous pollutants to waters of the U.S.
Development and implementation of a sitewide
BMP Program is also required as a condition of
the FEMP National Pollution Discharge
Elimination System (NPDES) Permit.
The BMP program must:
Establish specific objectives for the control
of toxic and hazardous pollutants, and
Include a predication of direction, rate of
flow, and total quantity of toxic and
hazardous pollutants where experience
indicates a reasonable potential for
equipment failure.
Requirement
Abandonment of Test Holes and Wells
Upon completion of testing, a test hole or well
shall be either completely filled with grout or
such material as will prevent contaminants
from entering groundwater.
ARAR/TBC
Relevant and Appropriate
ARAR/TBC
Applicable
Rationale for Implementation
All of the proposed actions have the potential for
releases and runoff from this OU.
This requirement is not applicable because BMP under
the NPDES permit program applies only to ancillary
facilities of manufacturing units that might have
releases of toxic or hazardous pollutants. The purpose
of the BMP program is relevant and appropriate to
prevent releases from spills or runoff during the
implementation of remedial actions. The FEMP has an
approved BMP Plan.
Rationale for Implementation
Test borings and wells might be installed and/or closed
as part of these remedial alternatives.
                                                               A-9

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TABLE A-3 (continued)
  Uranium Mill Tailings Radiation
           Control Act
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Environmental Radiation
 Protection Standards for
 Management and Disposal of
 Spent Nuclear Fuel,  High-level
 and Transuranic Radioactive
 Wastes, 40 CFR Section 191.03
 (b)
Establishes standard for management and
storage of spent nuclear fuel, high-level and
transuranic waste to ensure the combined
annual dose does not exceed specified limits.
 Relevant and Appropriate
Radiation levels associated with Silos 1 and 2 material
are similar to those associated with waste regulated by
this requirement. On-site activities will have necessary
controls in place to ensure protection of public.
 Implementation of Health and
 Environmental Protection
 Standards for Uranium Mill
 Tailings, 40 CFR Part 192
 Subpart C.
This subpart contains guidance, criteria, and
supplemental standards for compliance with
Subparts A and B of 40 CFR Part 192.
Relevant and Appropriate
Radioactive materials in this OU are primarily by-
product residues from uranium processing.
Requirements for design of controls should be
consistent with design of controls for other residual
radioactive materials such as mill tailings.
                                                                           A-10

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TABLE A-3 (continued)
                                                                                                                                           FEMP-OU4-RODA FINAL
                                                                                                                                                  40700-RP-0008
                                                                                                                                               JUNE 2000, Rev. 0
         RCRA Subtitle C
                Requirement
       ARAR/TBC
Rationale for Implementation
 Hazardous Waste
 Determinations, 40 CFR Section
  262.11
 (OAC 3745-52-11).
Any generator of waste must determine
whether or not the waste is hazardous.

The procedures for determination include:

 !  Identification of whether a particular
   material of  concern is a "solid waste";

 !  Identification of whether a particular
   exclusion applies to the material eliminating
   it from definition as a "solid waste";

 !  Identification of whether a particular solid
   waste might be classified as a hazardous
   waste; and

 !  Determination of whether a material
   otherwise classified as a "hazardous waste"
   might be excluded from RCRA regulation.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
These procedures are established to determine
whether wastes are subject to the requirements of
RCRA. The materials in Silos 1 and 2 are specifically
exempt from the applicability of RCRA requirements.
However, these procedures are relevant and
appropriate to determine whether OU4 wastes, whether
excluded or not, exhibit the characteristics of
hazardous waste, or are otherwise similar to RCRA
hazardous waste. The material stored in the silos are
sufficiently similar to hazardous wastes based on the
toxicity characteristic leaching procedure results. Silos
1 and 2 contain materials that must be treated, stored,
and disposed in accordance with RCRA. Other wastes,
such as debris generated during decontamination (e.g.,
concrete scabbling), will also require a hazardous
waste determination.
                                                                            A-11

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TABLE A-3 (continued)
                                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                                               40700-RP-0008
                                                                                                                                             JUNE 2000, Rev. 0
         RCRA Subtitle C
                Requirement
       ARAR/TBC
Rationale for Implementation
 Empty Containers, 40 CFR
 Section 261.7
 (OAC 3745-51-7).
Containers that have held hazardous wastes
are "empty" and exempt from further RCRA
regulations if one or more of the following are
met:

!   No more than 2.5 cm (1 inch) of residue
    remains on the bottom of their inner liner;

!   Less than 3% by weight of total capacity
    remains (less than or equal to 110 gallon
    container); and

!   Less than 0.3% by weight of total capacity
    remains (greater than 110 gallon container).

Containers that have held acutely hazardous
("P" listed ) wastes are "empty" and exempt
from further RCRA regulation if:

!   They or their inner liners have been triple
    rinsed with an adequate solvent or the inner
    liner has been removed from the container.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Containers used to treat or store the contents of Silos
1 and 2 might contain residues that exhibit hazardous
waste characteristics which must be removed before
the containers might be reused or disposed.
 Generators Who Transport
 Hazardous Waste for Off-site
 Treatment, Storage, or Disposal;
 40 CFR Sections 262.20 -
 33 and 263.20 - 31 (OAC
 3745-52-20 through 33
 and OAC 3745-53-20
 through 31).
Any generator who transports hazardous waste
for off-site treatment, storage or disposal must
originate and follow-up the manifest for off- site
shipments.
       Applicable
Any residues determined to be RCRA hazardous
waste removed from this OU for off-site treatment,
storage, or disposal might be subject to the manifest
requirements.
                                                                          A-12

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                                                                                                                                           FEMP-OU4-RODA FINAL
                                                                                                                                                 40700-RP-0008
                                                                                                                                               JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Treatment, Storage, or Disposal
 Facility Standards; 40 CFR Part
 264 Subpart B (OAC 3745-54-13
 through 16).
General Standards

!   Waste Analysis - OAC 3745-54-13:
   Operators of a facility must obtain  a
   detailed chemical and physical analysis of
   a representative sample of each hazardous
   waste to be treated, stored, or disposed of
   at the facility prior to treatment, storage, or
   disposal.

!   Security - OAC 3745-54-14: Operators of a
   facility must prevent the unknowing or
   unauthorized entry of persons or livestock
   into the active portions of the facility,
   maintain a 24-hour surveillance system, or
   surround the facility with a controlled
   access barrier and maintain appropriate
   warning signs  at facility approaches.

!   Inspections - OAC 3745-54-15: Operators of
   a facility must: (1) develop a schedule and
   regularly inspect monitoring equipment,
   safety and emergency equipment, security
   devices, and operating and structural
   equipment that are important to preventing,
   detecting or responding to environmental or
   human health  hazards; (2) promptly or
   immediately remedy defects; and (3)
   maintain an inspection log.

!   Training - OAC 3745-54-16: Operators must
   train personnel, within six months of their
   assumption of duties at a facility, in
   hazardous waste management procedures
   relevant to their positions, including
   emergency response training.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid waste that
exhibit a hazardous
characteristic.)
Residues that exhibit a characteristic similar to RCRA
hazardous waste, removed from this OU, might be
treated, stored, and disposed in accordance with
treatment, storage, and disposal (TSD) facility
standards. These requirements  are relevant and
appropriate because the residues are sufficiently
similar to hazardous waste.
                                                                            A-13

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                                                                                                                                        FEMP-OU4-RODA FINAL
                                                                                                                                               40700-RP-0008
                                                                                                                                            JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Treatment, Storage, of Disposal
 Facility Preparedness and
 Prevention;
 40 CFR Part 264 Subpart C and
 40 CFR Section 264.31
 (OAC 3745-54-31).

 40 CFR Section 264.32
 (OAC 3745-54-32).
 40 CFR Section
 264.33 (OAC 3745-54-33).
 40 CFR Section
 264.34 (OAC 3745-54-34).
 40 CFR Section 264.35 (OAC
 3745-54-35).
 40 CFR Section
 264.37 (OAC 3745-54-37).
TSD facility operators must design, construct,
maintain and operate facilities to minimize the
possibility of a fire, explosion, or any unplanned
sudden or nonsudden release of hazardous
waste to air, soil, or surface water which might
threaten human health or the environment.

Facilities must be equipped with an internal
communication or alarm system, a telephone,
or a two-way radio for calling outside to
emergency assistance, fire control, and spill
control. Decontamination equipment and water
must be at an adequate volume and pressure
to supply water hose streams, foam producing
equipment,  automatic sprinklers, or water spray
systems.

Fire protection, spill-control and
decontamination equipment, and
communication and alarm systems must be
tested and maintained, and necessary, to
ensure proper emergency operation.

Personnel must have immediate access to
emergency communication or alarm systems
whenever hazardous waste is being handled at
the facility.

Aisle space must be sufficient to allow
unobstructed movement of personnel, fire and
spill control, and decontamination equipment.

Operators must attempt to make arrangements,
appropriate to the waste handled, for
emergency response by local and state fire,
police and medical personnel.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Residues removed from this OU might be treated,
stored, and disposed in accordance with TSD facility
standards. These requirements are relevant and
appropriate because the residues are sufficiently
similar to hazardous waste.
                                                                          A-14

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                                                                                                                                          FEMP-OU4-RODA FINAL
                                                                                                                                                40700-RP-0008
                                                                                                                                              JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Treatment, Storage, or Disposal
 Facility Contingency Plan and
 Emergency Procedures; 40 CFR
 Part 264 Subpart D and 40
 Section  CFR 264.51
 (OAC 3745-54-51).

 40 CFR Section 264.52
 (OAC 3745-54-52).
 40 CFR Section
 264.55, .56 (OAC
 3745-54-55
 through 56).
Each facility operator must have a contingency
plan designed to minimized hazards to human
health or the environment due to fires,
explosions, or any unplanned
releases of hazardous waste constituents to
the air, soil, or surface/groundwater.

Contingency plans should  address procedures
to implement a response to incidents involving
hazardous waste, and provide for: internal and
external communications,  arrangements with
local emergency authorities, an emergency
coordinator list,  a facility emergency equipment
list indicating equipment descriptions and
locations, and a facility personnel evacuation
plan.

Each facility must have an emergency
coordinator who: (1) has responsibility for
coordinating emergency response measures;
(2) is on the premises or on  call at all times; (3)
is throughly familiar with all aspects of the
contingency plan, facility operations, location
and characteristics of waste handled, location
of pertinent records, and facility layout; and (4)
has the authority to commit the resources
necessary to implement the  contingency plan
in the event of an emergency.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Residues removed from this OU might be treated,
stored, and disposed in accordance with TSD facility
standards. These requirements are relevant and
appropriate because the materials in Silos 1  and 2 are
sufficiently similar to hazardous waste.
                                                                           A-15

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                                                                                                                                       FEMP-OU4-RODA FINAL
                                                                                                                                             40700-RP-0008
                                                                                                                                           JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Closure, 40 CFR Part 264
 Subpart G.
 40 CFR Section 264.111 (OAC
 3745-55-11).
 40 CFR Section 264.114
 (OAC 3745-55-14).

 40 CFR Section 264.116
 (OAC 3745-55-16).
An operator must close facilities in a manner
that:
 !  Minimizes the need for further
   maintenance;
 !  Minimizes post-closure escape of
   hazardous constituents; and
 !  Complies with specific, unit-type closure
   requirements.
Contaminated equipment, structures and soils
must be properly disposed or decontaminated.

Following closure, a survey plot showing the
location of hazardous waste disposal units,
with respect to surveyed benchmarks, must be
filed with the legal total zoning authority.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
These requirements are relevant and appropriate
because the residues are sufficiently similar to
hazardous waste and some remedial alternatives
might require closure as outlined in this standard.
                                                                   
                                                                          A-16

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                                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                                               40700-RP-0008
                                                                                                                                             JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Container Storage, 40 CFR Part
 264 Subpart I
 40 CFR Section 264.171 - 178
 (OAC 3745-55-71
 through - 78).
Containers of RCRA hazardous waste must be:

!  Maintained in good condition;

!  Compatible with hazardous waste to be
   stored;

!  Closed during storage (except to add or
   remove waste); and

!  Managed in a manner that will not cause
   the container to rupture or leak.

Storage areas must be inspected weekly for
leaking and deteriorated containers and
containment systems.

Containers must be placed on a sloped, crack-
free base, and protected from contact with
accumulated liquid. A containment system with
a capacity of 10 percent of the volume of the
largest container of free liquids must be
provided. Spilled or leaked waste must be
removed in a timely manner to prevent overflow
of the containment system.

Incompatible materials must be separated.
Incompatible materials stored near each other
must be separated by a dike or other barrier.

At closure, hazardous waste and residue from
the containment system must be removed, and
containers, liners, bases, and soils must be
removed or decontaminated.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
These requirements are relevant and appropriate for
alternatives utilizing containers for temporary storage
or storage before disposal. These requirements are
relevant and appropriate because the residues in the
silos are sufficiently similar to hazardous waste.
                                                                           A-17

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                                                                                                                                          FEMP-OU4-RODA FINAL
                                                                                                                                                 40700-RP-0008
                                                                                                                                              JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Tank Systems, 40 CFR Part 264
 Subpart J
 (OAC 3745-55-91 through 96).
Design, operating standards, and inspection
requirements for tank units within which
hazardous waste is stored or treated. Includes
the following:

!  Tank design must be compatible with the
   material  being stored.

!  Tank must be designed and have sufficient
   strength  to store or treat waste in order to
   ensure that it will not rupture or collapse.

!  Tank must have secondary containment
   that is capable of detecting and collecting
   releases to prevent migration of wastes or
   accumulated liquids to the environment.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Design criteria, operating standards, and inspections
for tank treatment units might be relevant and
appropriate for alternatives utilizing treatment or
storage in a tank prior to disposal. These requirements
are relevant and appropriate because the residues in
the silos are sufficiently similar to hazardous waste.
 Closure Requirements for
 Tanks, 40 CFR Section 264.197
 (OAC 3745-55-97).
At closure, the facility owner must do the
following:

    Remove waste residues;
    Remove or decontaminate tank system
    components;
    Remove or decontaminate contaminated
    soils and structures;
    Manage all of the above as hazardous
    wastes; and
    If all contaminated soils cannot be
    removed, meet the landfill requirements of
    40 CFR Section 264.310.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Silos 1 and 2 are tanks, according to the definitions of
40 CFR Section 264.10, which contain wastes
sufficiently similar to hazardous waste. These
requirements are relevant and appropriate because the
circumstances and wastes subject to potential release
are similar to the releases that RCRA is designed to
address. These standards will also pertain to closure
of any tanks and  appurtenances used to store or treat
these residues during remediation.
                                                                           A-18

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TABLE A-3 (continued)
                                                                                                                                          FEMP-OU4-RODA FINAL
                                                                                                                                                 40700-RP-0008
                                                                                                                                               JUNE 2000, Rev. 0
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Miscellaneous Units, 40 CFR
 Part 264 Subpart X (40 CFR
 Sections 264.601, .602 and
 OAC 3745-57-91 and 92).
Environmental performance standard,
monitoring, inspection, and post-closure care
for treatment in miscellaneous units as defined
in 40 CFR Section 260.10.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
Miscellaneous units might be utilized under various
alternatives to remediate waste that is sufficiently
similar to hazardous wastes. These units might
include mixers, vitrifiers, or other units.
 Corrective Action for Solid Waste
 Management Units, 40 CFR Part
 264 Subpart S and 40 CFR
 Sections 264.552, .553.
Corrective action management units might be
designated at the site as areas where
remediation wastes (solid, hazardous, or
contaminated media and debris) might be
placed during the process of remediation.

Temporary units consisting of tanks and
container storage units might be used to store
and treat hazardous waste during  the process
of corrective  action.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a hazardous
characteristic.)
During the process of remediation, waste materials
might require temporary management in containment
buildings, temporary units, stockpiles, or other land
based units for the purpose of staging, treating or
disposing the material. Materials generated from
 remediation of the Silos 1 and 2 material are
considered remediation wastes. Some of the waste
material might exhibit a RCRA characteristic, or
otherwise be sufficiently similar to hazardous
 waste to make this requirement relevant and
appropriate.
                                                                           A-19

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                                                                                                                                          FEMP-OU4-RODA FINAL
                                                                                                                                                40700-RP-0008
                                                                                                                                              JUNE 2000, Rev. 0
TABLE A-3 (continued)
         RCRA Subtitle C
           (continued)
                Requirement
       ARAR/TBC
            Rationale for Implementation
 Containment Buildings, 40 CFR
 Part 264 Subpart DD and 40
 CFR Section 264.1101, .1102.
Hazardous waste and debris might be placed
into units known as containment buildings for
the purpose of interim storage or treatment.

Containment buildings must be fully enclose to
prevent exposure to the elements and ensure
containment of managed wastes. Floor and
containment walls must be designed and
constructed of materials of sufficient strength
and thickness to support themselves, the
waste contents, and any personnel and heavy
equipment that operate within the  unit.
Surfaces coming in contact with hazardous
waste must be chemically compatible with
waste. Primary barriers must be constructed to
prevent migration of hazardous constituents
into barrier. Secondary containment systems
including secondary barriers and leak detection
systems must also be  constructed for
containment buildings used to manage wastes
containing free liquids.

Controls must be implemented to ensure: the
primary barrier is free of significant cracks,
corrosion, or other deterioration that may allow
release of hazardous waste; the level of
hazardous waste does not exceed  height of
containment walls and  is otherwise maintained
within containment walls; tracking  of waste out
of unit by personnel or equipment  used in
handling waste is prevented; and fugitive dust
emissions are controlled at the level of no
visible  emissions.
Relevant and Appropriate
(This requirement will be
applicable to non-
excluded solid wastes
that exhibit a  hazardous
characteristic.)
During the process of remediation, waste materials
might require temporary management for the
purpose of staging or treating the material. Some of
the waste material might exhibit a RCRA
characteristic, or otherwise be sufficiently similar to
hazardous waste to make this requirement relevant
and appropriate.
                                                                           A-20

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TABLE A-3 (continued)
                                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                                               40700-RP-0008
                                                                                                                                             JUNE 2000, Rev. 0
        RCRA Subtitle C
          (continued)
                Requirement
      ARAR/TBC
          Rationale for Implementation
 Radiation Dose Limit (All
 Pathways), Proposed 10 CFR
 Part 834.
The exposure of members of the public to
radiation sources as a consequence of all
routine DOE activities shall not cause, in a year,
an EDE greater than 100 mrem from all
exposure pathways.
        To be
      considered
Radiation sources from this OU (i.e., a DOE-owned
facility) might contribute to the total dosage to
members of the public.
              CAA
                Requirement
      ARAR/TBC
             Rational for Implementation
 Control of Fugitive Dust, OAC
 3745-17-08.
Visible emissions of fugitive dust generated
during grading, loading, or construction
operations and other practices that emit fugitive
dust shall be minimized or eliminated.
Relevant and Appropriate
The implementation of remedial action alternatives will
require the movement of dirt and other material likely
to result in fugitive dust emissions. This requirement is
relevant and appropriate because the FEMP is not
located in an area subject to this regulation.
 Prevention of Air Pollution
 Nuisance, ORC 3704.01-.05 and
 OAC 3745-15-07.
Measures shall be taken to adopt and maintain a
program for the prevention, control, and
abatement of air pollution in order to protect and
enhance the quality of the state's air resource
so as to promote the public health, welfare, and
economic vitality of the people of the state.

The emission or escape into open air from any
source whatsoever of smoke, ashes, dust, dirt,
grime, acids, fumes, gases, vapors,  odors, and
combinations of the above in such a manner or
in such amounts as to endanger the health,
safety,  or welfare of the public or to cause
unreasonable injury or damage to property shall
be declared a public nuisance and is prohibited.
      Applicable
During the remediation process, some potential exists
for emissions of radionuclides and toxic chemicals to
the air, which might endanger individuals or damage
property.
                                                                          A-21

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TABLE A-3 (continued)
                                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                                                40700-RP-0008
                                                                                                                                             JUNE 2000, Rev. 0
              CAA
          (continued)
                Requirement
      ARAR/TBC
          Rationale for Implementation
 Control of Visible Particulate
 Emissions from Stationary
 Sources, OAC 3745-17-07.
Discharge of particulate emissions of a shade or
density greater than 20 percent opacity into
ambient air from any stack is prohibited.
Transient limits are included in this regulation.
      Applicable
Treatment operations for various alternatives might
result in the release of particulate material.
 Permit to Install, OAC 3745-31-
 05(A)(3).
The director shall issue a permit to install if
he/she determines that the installation or
modification and operation of the air contaminant
source will employ the best available
technology.
Relevant and Appropriate
Although an administrative permit to install is not
required for alternatives involving treatment, the
substantive requirements of this section must be met
by employing Best Available Technology for treating
particulate and other off-gas emissions.
                                                                    
                                                                           A-22

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TABLE A-3 (continued)
                                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                                               40700-RP-0008
                                                                                                                                             JUNE 2000, Rev. 0
              CAA
          (continued)
                  Requirement
ARAR/TBC
           Rationale for Implementation
 Restrictions on Participate
 Emissions from Industrial
 Processes, OAC 3745-17-11.
This requirement establishes numerical emission
release limits for particulate material from industrial
sources.

Any source (operation, process, or activity) shall be
operated so that particulate emissions do not exceed
allowable emission rates specified in this regulation
[based on processing weights (Table 1) or uncontrolled
mass rate of emissions (Figure II) of OAC 3745-17-
11].

A source complies with Table 1 requirements if its rate
of particulate emission is always equal to or less than
the allowable rate of particulate emission based on the
maximum capacity of the source:
Applicable
Treatment operations for various alternatives might
result in release of particulate material that might exceed
these standards.
                                 Process Rate
                                 at Maximum
                                   Capacity
                                	(Ib/hr)	

                                     100
                                     200
                                     400
                                     600
                                     800
                                     1000
                        Allowable Rate
                         of Particulate
                           Emission
                  	(Jb/hif	

                          0.551
                          0.877
                          1.40
                          1.83
                          2.22
                          2.58
                                 1 Excerpted from Table 1 of OAC 3745-17-
                                 11.
                                                                           A-23

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                                                                                                                                     FEMP-OU4-RODA FINAL
                                                                                                                                            40700-RP-0008
                                                                                                                                          JUNE 2000, Rev. 0
                                                                     TABLE A-4

                                                 OTHER REQUIREMENTS FOR SILOS 1 AND 2
                                                      REMEDIAL ACTION ALTERNATIVES
            Title
                           Requirement
           Rationale for Implementation
Occupational Safety and Health
Administration Worker
Protection Requirements,
29 CFR Parts 1904 and 1910.
Establishes requirements to protect workers who could be exposed to
radiation, noise, hazardous wastes, or other contaminants or hazards at the
remediation site.
This OU is a remediation site under Comprehensive
Environmental Response Compensation and Liability
Act, as amended. Compliance with 29 CFR Section
1910.120 is required for sites undergoing remediation by
40 CFR Section 300.150.
Department of Transportation
Requirements for Transportation
of Hazardous Materials,
49 CFR Parts 171-173, 177,
178.
Hazardous materials may not be transported on public highways except in
accordance with these regulations:

   Part 171, General Requirements.

   Part 172, this part establishes shipping papers, marking, labeling,
   placarding, and emergency response information requirements.

   Part 173, this part establishes packaging and other shipping
   requirements for hazardous materials, including radioactive materials.

   Part 177, Requirements of the Transporter.

   Part 178, Specifications for Shipping Containers.
Applicable to those alternatives which involve
transportation of the waste materials off-site.
Radioactive materials and materials sufficiently similar
to hazardous wastes might be shipped off-site.
Highway Improvement Act of
1982, 23 United States Code
(USC) 127.
Establishes vehicle weight limits for interstate highways.
Applicable to those alternatives which involve
transportation of the waste materials off-site.
Hazardous Materials
Transportation Act, 49 USC
1801-1812.
Establishes requirements for minimizing environmental impacts of spills or
releases of hazardous materials.
Applicable to those alternatives which involve
transportation of the waste materials off-site.
Radioactive materials and materials sufficiently similar
to hazardous wastes might be shipped off-site.
                                                                        A-24

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TABLE A-4 (continued)
                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                              40700-RP-0008
                                                                                                                            JUNE 2000, Rev. 0
Title
NTS WAC.
National Historic Preservation
Act, 16USC470etseq.
Archaeological and Historic
Preservation Act, 16 USC 469.
American Indian Religious
Freedom Act, 42 USC 1996.
Native American Graves
Protection and Repatriation Act,
25 USC 3001.
Protection and Enhancement of
Cultural Environment, Executive
Order 11 593.
Fish and Wildlife Coordination
Act, 16 USC66etseq.
Requirement
Establishes which wastes may be disposed at a facility.
Protects sites listed or eligible for listing in the National Register of Historic
Places.
Preserves artifacts and data associated with archaeological finds.
Provides for tribal access by native peoples to grave sites and sites of
cultural, symbolic, or religious significance.
Provides for return of human remains and cultural objects from Native
American graves to affiliated tribes.
Requires inventory of site for potential historic places for eligibility in the
National Register of Historic Places.
Requires consultation with other state agencies on activities that might
affect any body of water for the conservation offish and wildlife resources.
Rationale for Implementation
The NTS WAC would be applicable to disposals at the
NTS. NTS operates under DOE Order 435.1,
"Radioactive Waste Management."
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for the alternatives affected.
                                                                  A-25

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TABLE A-4 (continued)
                                                                                                                         FEMP-OU4-RODA FINAL
                                                                                                                              40700-RP-0008
                                                                                                                             JUNE 2000, Rev. 0
Title
Archaeological Resources
Protection Act, 16 USC 470 (a).
Antiquities Act and Historic
Sites Act, 16 USC 431-433 and
16 USC 461 -4Q7.
Farmland Protection Policy Act,
7 USC 4201 et. Seq.
Occupational Radiation
Protection, 10 CFR Part 835.
DOE Order
5400.3
5400.5
451.1 A
5480.1 B
460.1A
460.2
Requirement
Requires permit for removal of any archaeological resources from federal
lands.
Requires identification and preservation of cultural resources on federal
lands; includes natural landmarks.
Requires protection and maintenance of farmland for its beneficial use as a
national resource.
Provides standards for occupational radiation protection of workers at DOE
facilities.
Title
Hazardous and Mixed Waste Program
Radiation Protection of the Public and the Environment
NEPA Compliance Program
Environmental, Safety, and Health Program for DOE Operations
Packaging and Transportation Safety
Departmental Materials Transportation and Packaging Management
Rationale for Implementation
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for the alternatives affected.
Required by law for safety and worker protection at DOE
facilities (replaces former DOE Order 5480.1 1).
Rationale for Implementation
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
                                                                  A-26

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TABLE A-4 (continued)
DOE Order
5480.4
440.1 A
435.1
414.1
430.1A
Title
Environmental Protection, Safety, and Health Protection Standards
Worker Protection for DOE Federal and Contractor Employees
Radioactive Waste Management
Quality Assurance
Life Cycle Asset Management
Rationale for Implementation
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
Contractual obligation for activities at DOE facilities.
                                                       
                                                            A-27

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                 APPENDIX B
          RESPONSIVENESS SUMMARY
FERNALD ENVIRONMENTAL MANAGEMENT PROJECT
            SILOS 1 AND 2 MATERIAL

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                           TABLE OF CONTENTS
List of Acronyms and Abbreviations 	b-ii

B.1.0  PURPOSE  	B.1-1

B.2.0  COMMUNITY PARTICIPATION FOR SILOS 1 AND 2  	B.2-1

      B.2.1  Public Comment Period 	B.2-1
      B.2.2  Community Involvement	B.2-1
      B.2.3  Public Meetings 	B.2-4

B.3.0  SUMMARY OF ISSUES AND RESPONSE	B.3-1


                              LIST OF TABLES

Table B.2-1  Summary of Public Involvement Opportunities  	B.2-3

Table B.3-1  Formal Verbal and Written Comments Received	B.3-3


                           LIST OF ATTACHMENTS


Attachment B.I      Fluor Daniel Fernald Public Hearing - Proposed Plan for
                  Remedial Actions at Silos 1 and 2 (Harrison, Ohio)  	  B-l-1


Attachment B.ll      U.S. Department of Energy Public Meeting - Proposed Plan
                  for Remedial Actions at Silos 1 and 2 (Las Vegas, Nevada) ... B-ll-1


Attachment B.lll     Written Comments Received on the Proposed Plan for
                  Remedial Actions at Silos 1 and 2	B-lll-1


Attachment B.IV    Notices of Public Comment Period and Hearings
                  Placed in Major Local Newspapers	  B-IV-1
                                     b-i

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                     ACRONYMS AND ABBREVIATIONS
ARAR
AWR
CERCLA

CFR
COC
DOE
DOE-NV
DOT
EPA
ESD
FCAB
FEMP
FRESH
FS
NCP
NTS
NTS-CAB
OEPA
ORNL
OSDF
OU
PA
POP
PP
RCRA
RFP
Rl
ROD
TCLP
WAC
applicable or relevant and appropriate requirement
Accelerated Waste Retrieval
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended
Code of Federal Regulations
constituent of concern
U.S. Department of Energy
U.S. Department of Energy-Nevada Field Operations
Department of Transportation
U.S. Environmental Protection Agency
Explanation of Significant Differences
Fernald Community Advisory Board
Fernald Environmental Management Project
Fernald Residents for Environmental Safety and Health
Feasibility Study
National Oil and Hazardous Substances Pollution Contingency Plan
Nevada Test Site
Nevada Test Site Community Advisory Board
Ohio Environmental Protection Agency
Oak Ridge National Laboratory
On-site Disposal Facility
operable unit
performance assessment
Proof of Principle
Proposed Plan
Resource Conservation and Recovery Act, as amended
Request for Proposal
Remedial Investigation
Record of Decision
Toxicity Characteristic Leaching Procedure
waste acceptance criteria
                                    b-ii

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                               B.1.0  PURPOSE

As stated in the U. S. Environmental Protection Agency (EPA) Guide to Preparing Superfund
proposed Plans, Records of Decision, and Other Remedy selection Decision Documents
(EPA 1999), the responsiveness summary serves three important purposes. First it provides
the  U. S. Department of Energy (DOE) with information about community preferences
regarding both the proposed remedial alternative  and  general concerns about the site.
Second, it demonstrates how public and support agency comments were integrated into the
decision-making process. Third, it allows DOE to formally respond to public comments.

This Responsiveness Summary has been prepared to meet the requirements of Sections
113(k)(2)(B)(iv) and 117(b) of the Comprehensive Environmental Response, Compensation
and  Liability Act of  1980, as amended (CERCLA). As the lead  agency at the Fernald
Environmental Management Project (FEMP), DOE is required to respond "...to each of the
significant comments, criticisms, and new data submitted in written or oral presentations" on
the  Revised Proposed Plan for Remedial Action at Silos 1 and 2 (revised PP).

In addition to CERCLA, this Responsiveness Summary has been prepared pursuant to other
requirements, including:

            The 1991 Amended Consent Agreement between DOE and the EPA;
            The 1997 Agreement Resolving Dispute Concerning Denial of Request for
            Extension of Time for Certain OU4 Milestones;
            National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40
            Code of Federal Regulations (CFR), Part 300;
                                    B.1-1

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            Community Relations  in  Superfund (Handbook),  January 1992,  EPA
            540-R-92-009; and
            A Guide to Preparing Superfund Proposed Plans, Records of Decision; and
            Other Remedy Selection Decision Documents, July 1999, EPA 540-R-98-031.

This Responsiveness Summary is used as the mechanism for DOE to identify and document
the  public involvement with the Revised Feasibility Study for Silos 1 and 2 (revised FS),
revised PP, and Supplement Analysis. After public comments and concerns had been formally
submitted to DOE, in oral and written form, the comments were summarized into issue
statements and responded to accordingly. The actual written comments received are included
in Attachment B.1 of Appendix B.

Section B.2.0 of this Responsiveness Summary gives an overview of the public's involvement
in the development and approval of the revised FS, revised PP, and Supplement Analysis.
Section B.3.0 discusses the development of the issue statements and presents the public
concerns and DOE responses.
                              
                                    B.1-2

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            B.2.0  COMMUNITY PARTICIPATION FOR SILOS 1 AND 2

B.2.1  Public Comment Period

The DOE recently held a public comment period from April 3 through May 18, 2000, for
interested parties to comment on the modified selected remedy for the Silos 1 and 2 material
within Operable Unit 4 (OU4) at the FEMP in Fernald, Ohio. In addition, two public hearings,
one in Fernald, Ohio (April 25,2000) and the other in Las Vegas, Nevada (May 3,2000) were
held to  provide the public with a forum to submit oral comments on the proposed revised
remedy. The public comment period was held in accordance with Section 117 of CERCLA.

The purpose of this Responsiveness Summary is to document DOE's responses to comments
received during  the public comment period. These  comments were considered  before
selecting the final remedy for the Silos 1 and 2 material, which is detailed in this amendment
to the Record of Decision (ROD).

B.2.2 Community Involvement

DOE is responsible for conducting the community relations for the FEMP. A community
relations program was established for the FEMP in 1985 to provide information about the site
regarding updates and progress of the clean-up activities.
                                    B.2-1

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In November 1993, DOE implemented a public participation program at Fernald to involve
community members and other interested parties in the decision-making process at the site.
This Fernald Community Advisory Board (FCAB), formerly known as the Fernald Citizens
Task Force, was chartered to provide DOE, EPA, and Ohio Environmental Protection Agency
(OEPA) with recommendations about cleanup solutions and future courses of action at the
FEMP. These efforts, along with the community relations activities required by CERCLA,
reflect DOE's intent to fully involve the community in the decision-making process.

More recently, DOE has encouraged public inspection and informal comment on drafts of the
revised FS and revised PP documents, prior to EPA approval. This approach has provided
a genuine opportunity for stakeholders to identify issues, voice their concerns, and learn about
proposed clean-up plans for Silos 1  and 2 material. The informal opportunity for the public to
provide input enabled DOE to address stakeholder questions and concerns in advance of the
formal public comment period.

Two Administrative Records, located at the Public Environmental Information Center in
Harrison, Ohio and EPA Region V offices in Chicago,  Illinois have been established to
provide an information repository on the decision-making process for interested members of
the  public.

During the decision-making process documented in this ROD Amendment, DOE solicited
feedback and informed stakeholders. The DOE sponsored several community briefings and
workshops both locally and at the Nevada Test Site  (NTS) to share the  data supporting the
evaluation of alternatives in the revised FS and revised PP on an informal basis. In addition,
the  DOE has sponsored formal public hearings regarding the revised PP both locally and at
the  NTS to provide the public a forum to submit oral comments on the preferred alternative
identified in the revised PP. Table  B.2-1 presents a summary of these public involvement
opportunities.
                                     B.2-2

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                  TABLE B.2-1
SUMMARY OF PUBLIC INVOLVEMENT OPPORTUNITIES
Meeting Topic

Preliminary Screening of Alternatives
Presentation of Proof of Principle testing data
Summary of Detailed Analysis of Silos 1 and 2 FS
FCAB
FS overview with FCAB
Summary of Comparative Analysis of Silos 1 and 2
FS
Nevada Test Site Citizens Advisory Board (NTS-
CAB) Summary of Silos 1 and 2 FS Comparative
Analysis
FCAB Proposed Plan Summary
Formal Public Hearing on Silos 1 and 2 revised PP
Formal Public Hearing on Silos 1 and 2 revised PP
Location/Date

FEMP/December 1997
FEMP/July13, 1999
FEMP/October12, 1999
FEMP/October14, 1999
FEMP/November4 and 6, 1999
FEMP/November17, 1999
Las Vegas, Nevada/December 1 ,
1999
FEMP/December 6, 1999
FEMP/April 25, 2000
Las Vegas, Nevada/May 3, 2000
                
                     B.2-3

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To augment public involvement throughout the revised Silos 1 and 2 remedy decision-making
process [i.e., Proof of Principle (POP) testing, revised FS, revised PP], the DOE utilized an
independent technical review team comprised of technical and process experts to objectively
review and evaluate the remedial alternatives.

B.2.3 Public Meetings

Written transcripts of the public hearings conducted on April 25, 2000 at the Alpha Building,
Classroom D, Harrison, Ohio and on May 3, 2000 at the DOE's Nevada Support Facility,
Sedan Conference Room, Las Vegas, Nevada are attached in Attachments B.I and B.ll,
respectively.
                                
                                     B.2-4

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                 B.3.0  SUMMARY OF ISSUES AND RESPONSE

The revised FS (including the Supplement Analysis) and revised PP were released for public
comment on April 3, 2000. The DOE reviewed all written and verbal comments  submitted
during the public comment period. Upon review of these comments, it was determined that
no significant changes to the remedy, as was originally identified in the revised FS and
revised PP, were necessary.

This Responsiveness Summary document addresses on the formal comments  submitted
during the public comment period and oral comments received during the April 25,  2000
public hearing held in Harrison, Ohio and the May 3, 2000 public hearing held in Las Vegas,
Nevada.  Within this  Responsiveness  Summary, verbal  and written  comments  (see
Attachments B.I - B.lll) were categorized into significant issues. For each of these issues,
an issue  statement has been prepared that addresses the concerns expressed by the
commentors. In many instances, the issue statements are paraphrased from the original
comments to succinctly represent the combined concerns of several commentors. The issues
resulting from formal comments have been compared with the questions raised during the
public question and answer sessions to ensure that all significant issues are represented by
the issue  statements.

For the purpose of developing issue statements, a comment is considered significant if it
involves:
            The definition of the preferred alternative;
            Public or state acceptance of the preferred alternative;.
            The implementation or impacts of the preferred alternative;
            Conclusions drawn from evaluations or assessments provided within the
            document;
                                     B.3-1

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            Safety of the work performed; or the
            Enforceability of the decision reached.

At the end of each issue statement, the specific comment letter(s) or oral comment(s) in which
the issue was raised is identified in parentheses. Each comment is provided an alphabetic
identifier. These comments are also part of the administrative record for this action. Table
B.3-1 provides a  cross-reference of the alphabetic identifiers with the commentors. A
reference to Attachment B.I indicates a verbal comment submitted at the Public Hearing held
April 25, 2000 at  Fernald. A reference to Attachment B.ll indicates  a verbal comment
submitted at the Public Hearing held May 3, 2000 at the NTS. A reference to Attachment
B.lll indicates a written comment submitted during the Public Comment Period held between
April 3 and May 18, 2000.
                                
                                      B.3-2

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                    TABLE B.3-1

FORMAL VERBAL AND WRITTEN COMMENTS RECEIVED
COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Lisa Crawford Fernald
Residents for
Environmental Safety
and Health (FRESH)
Joanne Wilson
Carol Schroer FRESH
Edwa Yocum FRESH
Douglas Davis Toledo
Engineering Company
(TECO Engineering)
Jerry Gels
Unidentified Speaker
1
2
3
1
1
1
1
2
1
1
B-l-55
B-l-55
B-l-56
B-l-56
B-1-63
B-l-64
B-1-56
B-1-66
B-l-67
B-ll-43
A
B
C
D
E
F
A
G
D
H
B.3-1 1
B.3-12
B.3-1 3
B.3-14
B.3-16
B.3-16
B.3-1 1
B.3-1 7
B.3-14
B.3-1 7
Long-term protectiveness
Completeness of cost estimates in
evaluating alternatives
Waste minimization
Radium extraction for medical use
Ensuring protection of human health
(both worker and the public) and the
environment during remediation
Opposition to disposal of Silos 1
and 2 material in the On-site
Disposal Facility (OSDF) should the
NTS close
Long-term protectiveness
Commercial glass-making
experience in evaluation of
vitrification
Radium extraction for medical use
Energy consumption as criterion for
evaluation of alternatives
                       B.3-3

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Dennis Bechtel
NTS-CAB
Dale Schutte
John Phillips NTS-CAB
Don Cloquet
1
2
3
4
1
2
1
1
B-ll-44
B-ll-45
B-ll-46
B-ll-48
B-ll-48
B-ll-51
B-ll-49
B-ll-50
I
J
K
L
M
DD
E
M
B.3-18
B.3-20
B.3-21
B.3-22
B.3-23
B.3-42
B.3-16
B.3-23
Rationale for disposal at the NTS
Measures to prevent degradation of
chemical stabilized waste
Cumulative risk from all DOE
shipments to the NTS
State and community acceptance
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Public comment period.
Ensuring protection of human health
(both worker and the public) and the
environment during remediation
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Formal Written Comments
Joanne Wilson
Jerry Gels
1
1a
1b
2
B-lll-2
B-lll-5
B-lll-5
B-lll-5
D
A
N
D
B.3-14
B.3-11
B.3-24
B.3-14
Radium extraction for medical use
Long-term protectiveness
Short-term effectiveness - Worker
risk
Radium extraction for medical use
B.3-4

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Jerry Gels (cont'd)
Kenneth Moore
J.E. Walther
Dennis Bechtel NTS-
CAB
Phil Claire NTS-CAB
3
1
1
1
2a
2b
2c
3
4
5
1
B-lll-5
B-lll-6
B-lll-8
B-lll-10
B-lll-11
B-lll-11
B-lll-11
B-lll-11
B-lll-12
B-lll-13
B-lll-16
O
D
E
I
J
A
P
K
Q
L
I
B.3-25
B.3-14
B.3-16
B.3-18
B.3-20
B.3-11
B.3-26
B.3-21
B.3-27
B.3-22
B.3-18
Health physics evaluation of
radionuclides particularly
radium-226 and radon-222
Radium extraction for medical use
Ensuring protection of human health
(both worker and the public) and the
environment during remedition
Rationale for disposal at the NTS
Measures to prevent degradation of
chemical stabilized waste
Long-term protectiveness
Ability of chemical stabilized waste
to meet the State of Nevada WAC
Cumulative risk from all DOE
shipments to the NTS
Specifying transportation routes to
carriers
State and community acceptance
Rationale for disposal at the NTS
B.3-5

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Phil Claire NTS-CAB
(cont'd)
Kenneth Reim
2a
2b
2c
3
4
5
6
7
8
1
2
B-lll-16
B-lll-16
B-lll-16
B-lll-17
B-lll-17
B-lll-17
B-lll-18
B-lll-18
B-lll-18
B-lll-19
B-lll-19
J
A
P
M
K
Q
L
R
H
H
N
B.3-20
B.3-11
B.3-26
B.3-23
B.3-21
B.3-27
B.3-22
B.3-28
B.3-17
B.3-17
B.3-24
Measures to prevent degradation of
chemical stabilized waste
Long-term protectiveness
Ability of chemical stabilized waste
to meet the State of Nevada WAC
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Cumulative risk from all DOE
shipments to the NTS
Specifying transportation routes to
carriers
State and community acceptance
Equity for NTS stewardship costs
Energy consumption as criterion for
evaluation of alternatives
Energy consumption as criterion for
evaluation of alternatives
Short-term effectiveness - Worker
risk
B.3-6

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Kenneth Reim (cont'd)
Richard Nocilla NTS-
CAB
Telfer
Douglas Davis TECO
Engineering And David
Bennert InnovaTech
Services
3
4
5
1
1
1
2a
2b
3
4
5a
B-lll-19
B-lll-19
B-lll-19
B-lll-21
B-lll-34
B-lll-36
B-lll-36
B-lll-37
B-lll-37
B-lll-37
B-lll-38
S
B
M
M
M
A
T
U
N
S
A
B.3-29
B.3-12
B.3-23
B.3-23
B.3-23
B.3-11
B.3-30
B.3-31
B.3-24
B.3-29
B.3-11
Short-term effectiveness - Time to
achieve protectiveness
Completeness of cost estimates in
evaluating alternatives
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Minimization of transportation risk
through routing including evaluating
intermodal transportation
Long-term protectiveness
Reduction of toxicity, mobility, or
volume through treatment - Volume
reduction
Reduction of toxicity, mobility, or
volume through treatment -
Secondary waste
Short-term effectiveness - Worker
risk
Short-term effectiveness - Time to
achieve protectiveness
Long-term protectiveness
B.3-7

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Douglas Davis
TECO Engineering
And
David Bennert
InnovaTech Services
(cont'd)
Jim Hansen Geosafe
Corporation
5b
6
7
8
9
10
11
1
2
3
4
B-lll-38
B-lll-38
B-lll-39
B-lll-39
B-lll-40
B-lll-41
B-lll-42
B-lll-43
B-lll-44
B-lll-44
B-lll-46
V
W
w
W
X
Y
z
A
Y,AA
BB
CC
B.3-32
B.3-34
B.3-34
B.3-34
B.3-36
B.3-38
B.3-39
B.3-11
B.3-38 &
B.3-39
B.3-40
B.3-41
Radon emanation over the life of
treated waste
Implementability - Operability and
controllability and exclusion of
commercial glass-making
experience
Implementability - Process
reliability
Implementability - Process control
Optimization of VIT1 container
VIT1 Cost
Reevaluation of VIT1 using 30 ton
per day melter and producing frit
Long-term protectiveness
Representativeness of vitrification
technologies used in the revised FS
for evaluation of the five balancing
criteria
Revising ROD to include off-site
treatment
Exclusion of Geosafe's commercial
experience in treating hazardous
and radioactive waste
B.3-8

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Jim Hansen Geosafe
Corporation (cont'd)
5
6
7
8
9
10
11
12
13
14
15
16
17
B-lll-46
B-lll-46
B-lll-46
B-lll-46
B-lll-47
B-lll-47
B-lll-47
B-lll-47
B-lll-47
B-lll-48
B-lll-48
B-lll-48
B-lll-48
AA
AA
A
A
A
AA
V
N
AA
S
AA
AA
AA
B.3-39
B.3-39
B.3-11
B.3-11
B.3-11
B.3-39
B.3-32
B.3-24
B.3-39
B.3-29
B.3-39
B.3-39
B.3-39
Representativenss of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Long-term protectiveness
Long-term protectiveness
Long-term protectiveness
Representativeness of vitrification
technologies used in the revised FS
Radon emanation over the life of
treated waste
Short-term effectiveness - Worker
risk
Representativeness of vitrification
technologies used in the revised FS
Short-term effectiveness - Time to
achieve protectiveness
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
B.3-9

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COMMENT
Commentor
Issue No.
Page No.
RESPONSE
Identification
Page No.
Brief Description of Issue
Formal Verbal Comments
Jim Hansen Geosafe
Corporation (cont'd)
18
19
20
21
22
23
24
25
26
B-lll-48
B-lll-48
B-lll-48
B-lll-49
B-lll-49
B-lll-49
B-lll-49
B-lll-49
B-lll-49
AA
S
AA
AA
AA
AA
AA
AA
A
B.3-39
B.3-29
B.3-39
B.3-39
B.3-39
B.3-39
B.3-39
B.3-39
B.3-11
Representativeness of vitrification
technologies used in the revised FS
Short-term effectiveness - Time to
achieve protectiveness
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Representativeness of vitrification
technologies used in the revised FS
Long-term protectiveness
B.3-10

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                                                                  FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      June 2000, Rev. O
Issue:
Comment:    Commentors expressed concern over the durability of the chemical stabilized
             wasteform both during a  highway accident and in  regard  to  long-term
             protectiveness to human health and the environment after disposal.

Response:   Both  vitrification and chemical stabilization  result in a treated waste that
             provides protection of human health and the environment. As documented in the
             Remedial Investigation/Feasibility Study (RI/FS) for OU4, the principal chemical
             constituent of concern for Silos 1 and 2 material and the focus for stabilization
             of the material is lead, whose concentration in  leachate can exceed limits
             prescribed under the Resource Conservation and Recovery Act,  as amended
             (RCRA). Both technologies stabilize lead by chemically converting it into a
             leach-resistant  form. Based  on  this chemical  conversion   alone, both
             technologies show the ability to  reduce the leaching of lead to meet disposal
             facility requirements when analyzed using the Toxicity Characteristic Leaching
             Procedure (TCLP). Long-term protection of human health and the environment
             at the NTS is dependent on the ability of the technologies to reduce leaching by
             chemically converting the  lead  into a leach-resistant chemical form not the
             physical integrity of the solidified wasteform.
                                      B.3-11

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                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                       June 2000, Rev. O
             In addition, as part of the evaluation of transportation risk, the DOE evaluated
             the  risk to  the  public resulting from a  transportation  accident using the
             RADTRAN5® computer model. The resulting risk numbers were based on the
             probability of an accident occurring during transportation combined with the
             probability of the accident resulting in release of material from the container.
             Because the chemical stabilization alternatives result in a greater number of
             shipments, the resulting risk from a potential accident is greater than that for
             vitrification.  However,  the resulting incremental  lifetime cancer  risk from a
             potential accident for each alternative is within the CERCLA guidelines.
Issue:
B
Comment:    Concern was raised over the completeness of the cost estimate. In particular,
             a concern was raised  regarding the potential costs for the addition of a
             wastewater treatment facility for the CHEM2 alternative.

Response:    Although cost-effectiveness is a key factor in selecting the remedy for Silos 1
             and 2 material, the difference in estimated cost of the chemical stabilization and
             vitrification alternatives was not of sufficient magnitude to be a discriminating
             factor between the alternatives. Any potential costs of a wastewater treatment
             facility for the CHEM2 alternative would not modify this determination.
                                      B.3-12

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                                                                 FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0
            The total estimated cost for the wastewater treatment system associated with
            the CHEM1 process option is approximately $700,000. This includes the costs
            associated with engineering, procurement, construction, and operation of the
            facility, as well as transportation and disposal of wastewater treatment bag
            filters. In the event the CHEM2 process option would require a water treatment
            system, it would be conceptually very similar to the one  described in the
            CHEM1 process. Assuming similar operational costs as those estimated for
            the CHEM1 process option results in an increase of approximately $700,000
            (0.2% of the current estimated total cost for implementing CHEM2) to the total
            cost of the CHEM2 process option.
Issue:
Comment:   Concern was raised regarding the DOE's commitment to minimizing the volume
            of waste generated by the selected treatment technology.

Response:   It is DOE policy, in accordance with Executive Order 12856, whenever feasible
            to apply pollution prevention and waste minimization principles into the design
            and operation of all its facilities. Accordingly, the technical  specification for the
            Request for Proposal (RFP) to be issued for this project contains provisions for
            the future contractorto incorporate pollution prevention and waste minimization
            features during the design effort. One of the evaluation criteria to be used in
            selecting the future contractor is  the degree to which  his design  exhibits
            minimization of primary and secondary wastestreams. As part of the CERCLA
            remedial design  process EPA and OEPA will have the opportunity to review
            and approve the  Contractor's design.
                                     B.3-13

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Issue:
                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    JUNE 2000, Rev. 0
D
Comment:   The decision-making process for the Silos 1 and 2 treatment remedy should
            consider the potential medical benefits that the 10 pounds of radium-226 in the
            Silos 1 and 2 material may have to offer.

Response:   The DOE has taken positive steps to move forward with both the clean up plans
            for the radium-bearing Silos 1 and 2 material at the FEMP and to assist the
            medical community with efforts to find ways to identify radium sources that may
            be available to researchers without impacting the EPA-mandated clean-up
            schedule. The DOE's Office of Nuclear Energy's Isotope Production and
            Distribution Division has monitored the progress and supported the medical
            community's radiotherapy research efforts since the potential opportunities
            were first recognized in 1995.

            While the actual future need for radium-226 is not yet certain, there are
            significant issues which  would  need to be  addressed to determine the
            feasibility for recovery of the 10 pounds  of radium-226 from the 20,000,000
            pounds of Silos 1 and 2  material for medical research. The issues which
            include: 1) Determining if the radium-226 can be separated from Silos 1 and
            2 material in a medically usable form; 2) Identifying the risk to workers, the
            public, and  the environment posed  by recovery of  radium-226;  and 3)
            Quantifying the costs for recovery of radium-226.

            The Silos 1 and 2 material is the most radioactive waste at the FEMP site and
            the top priority in the overall cleanup. The CERCLA mandate to protect human
            health and the environment requires that DOE move forward with efforts to
            clean-up the FEMP site and make the surrounding community a safer place to
            live. Therefore, DOE is moving forward with implementation of the chemical
            stabilization technology for the remediation of Silos 1 and 2
                                     B.3-14

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                                                     FEMP-OU4-RODA FINAL
                                                           40700-RP-0008
                                                         JUNE 2000, Rev. 0
material. However, DOE Office of Nuclear Energy Isotope Production and
Distribution will continue to monitor the progress and maintain its support of
utilizing radioactive material in cancer research.

On June 9,2000, DOE issued a news release announcing steps to expand the
Energy Department's capacity to provide the bismuth-213 isotope extracted
from radioactive materials used in nuclear activities to be used in clinical trials
for the treatment of several forms of cancer. Plans call for increasing the supply
of the isotope bismuth-213, a decay product of uranium-233 currently in storage
at the DOE's Oak Ridge National Laboratory (ORNL), and make it available for
use in an expanded cancer treatment research project.

In the near-term, as funds are  available, the DOE plans to increase the supply
of the bismuth-213 by up to 30 percent over the next year and hopes to double
its supply by 2002. Initially, the DOE plans to use the existing extraction and
process line at ORNL. The DOE is also planning some long-term actions that
would allow for future decisions on the extraction of additional isotopes from
larger quantities of uranium-233 at ORNL.
                    
                         B.3-15

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                                                                FEMP-OU4-RODA FINAL
                                                                     40700-RP-0008
                                                                    JUNE 2000, Rev. 0
Issue:
Comment:   Concerns were expressed that the implementation of the selected remedy be
            performed in manner protective of human health (both worker and the public)
            and the environment.

Response:   The contract for the remediation of the Silos 1 and 2 material will require the
            Contractor to implement the selected remedy in accordance with applicable
            and relevant and appropriate requirements (ARARs), to be considered criteria,
            and other requirements [i.e., Occupational Safety and Health Administration,
            Department of Transportation (DOT)] that are protective of human health (both
            workers and the public) and the environment. These requirements are identified
            in the ROD Amendment and the RFP. DOE, the OEPA, and EPA will all
            oversee remediation  operations to ensure the compliance with identified
            requirements and ensure protection of human health and the environment is
            maintained.
Issue:
Comment:   Concern was expressed that the treated Silos 1 and 2 material not be disposed
            in the FEMP OSDF, in the event the NTS was closed for disposal.

Response:   Treated Silos 1 and 2 waste and debris from the concrete structures of Silos
            1 and 2 are specifically excluded from on-site disposal by the WAC for the
            OSDF. Therefore, neither treated Silos 1 and 2 waste nor concrete structures
            of Silos 1 and 2 can be disposed in the OSDF. Treated Silos 1 and 2 waste
            and debris from concrete structures of Silos 1 and 2 must be disposed at either
            the NTS or an appropriately permitted commercial disposal facility.
                                     B.3-16

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    JUNE 2000, Rev. 0
Issue:
Comment:   During the evaluation of vitrification, more emphasis could have been given to
            the experience of the commercial glass industry in the areas of short-term
            effectiveness and implementability.

Response:   It is DOE's position that the 15 tons per day melter design, proposed in the
            revised FS, exceeded  the  known limit  of  the joule-heated  vitrification
            technology's demonstrated capability on similar wastestreams to Silos 1 and
            2 material by a factor of 3 (M-Area melter was 5 tons per day). DOE recognizes
            that joule-heated vitrification  commercial glass  plants  routinely operate, at
            production rates  in excess of 100 tons per day.  However, full credit for this
            experience  cannot be  recognized since the  commercial glassmaking
            feedstreams are very  homogeneous to ensure  quality control.  DOE, Fluor
            Fernald,  Inc., EPA, and OEPA did not elect to accept the increased  risk
            associated with the higher capacity melters for use in treating heterogeneous
            radioactive or hazardous wastestreams, since none have been demonstrated
            at this time.
Issue:
H
Comment:   A comment was raised in regard to the evaluation of energy consumption in
            comparing vitrification and chemical stabilizations.
                                
                                     B.3-17

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0

Response:   Energy consumption is evaluated as a sub-criterion to the NCR criterion of
            implementability. Based on the evaluation of the two technologies energy
            consumption was not considered a discriminating factor. From an operations
            viewpoint,  vitrification  is a  greater consumer  of  energy  than  chemical
            stabilization due to the high operating  temperatures and  energy needs.
            However,  chemical stabilization is a  greater consumer  of energy when
            evaluating transportation of treated waste to the NTS due to the larger volume
            of treated waste produced. The advantages displayed by chemical stabilization
            during operation  and  the  advantages displayed  by  vitrification  with
            transportation  of treated  waste negate each  other resulting  in  energy
            consumption being a non-discriminating factor.
Issue:
I
Comment:   The rationale for storage of radioactive waste at the NTS should not be
            supported because of the isolation of Southern Nevada (which is changing
            rapidly) but rather because the disposal facility will be designed to ensure that
            the resident population potentially impacted will be protected.
                                
                                     B.3-18

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0
Response:   In letter dated August 10,  1999, from Frank Di Sanza, DOE-Nevada Field
            Operations (NV) to Paul Liebendorfer, Division of Environmental Protection, the
            State of Nevada concurred that Silos 1 and 2 material should be considered
            small quantity 11 (e)(2) byproduct material per DOE Order 435.1. As such the
            letter states that acceptance of the Silos 1  and 2 material for disposal  be
            contingent upon its ability to meet the  NTS WAC.  By stating the disposal
            requirements must be met, means the 11(e)(2) byproduct material must be
            included in the performance assessment (PA) and composite analysis of the
            NTS, that adequate controls are established for the wastestream based on the
            evaluations, and the minimum disposal requirements be met. DOE Guidance
            435.1 -1 uses the Fernald silo material as an example to illustrate this by stating,
            "Sufficient capacity is available to  dispose of the amount  of the waste to be
            generated. The waste  is included in  the  performance assessment and
            composite analysis, and controls are established. These include provisions for
            stabilizing the waste and placing it in specially designed boxes, for additional
            analysis of the cover that will eventually be placed on the disposal unit used, and
            for additional information in the records for the disposal facility concerning the
            nature of the waste in this specific disposal unit."

            Long-term  effects of waste  disposal  and  necessary  engineering  and
            administrative controls that need to be  incorporated into the design of the
            disposal cell will be determined based on results of a PA conducted by the
            NTS. The NTS has previously conducted a  PA on the Area #5 Radioactive
            Waste Management  Site (Area #5). The PA resulted in the establishment of
            volumetric radionuclide concentration limits for acceptance for disposal in Area
            #5. In addition, the PA indicated that the risk of potential exposure to the public
            from waste disposal activities through surface water is not significant.
                                     B.3-19

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Issue:
                                                                 FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0
            An informal review of the Area #5 PA indicates that chemically stabilized Silos
            1 and 2 waste would meet the radionuclide concentration limits. Upon design
            of the treatment process for Silos 1 and 2, a final review of the treated Silos 1
            and 2 waste against the  Area #5  concentration  limits will  be  conducted to
            confirm Area #5 at the NTS remains suitable for disposal of treated Silos 1 and
            2 waste. If the treated Silos 1  and 2 waste would fail to meet the radionuclide
            concentration lim its for Area #5, a PA specific to the characteristics associated
            with  treated  Silos 1 and 2 waste would be conducted by the  NTS  to
            demonstrate the  selected disposal location  and configuration  meets the
            long-term performance objectives specified by DOE Order 435.1.
Comment:   The revised PP should document how the Chemical Stabilization process
            proposed at Fernald will, if selected, avoid the degradation that occurred at the
            Rocky Flats facility.

Response:   Based on the "Proceedings of the Workshop on Radioactive, Hazardous,
            and/or Mixed Waste Sludge Management," dated January 1992, the primary
            reasons  for some of the  Rocky Flats "Pondcrete" product failures were
            problems with quality control and process control requirements.
                                     B.3-20

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                     JUNE 2000, Rev. 0
            Strict quality control and process control requirements will be incorporated into
            the contract for remediating Silos  1  and 2  material.  The RFP  for the
            remediation of the  Silos 1 and 2  material will  require the Contractor to
            demonstrate their proposed formulation  through treatability testing before
            beginning actual treatment operations. The Contractor would be required to
            implement a process control philosophy (i.e., sampling and analysis, quality
            control, and configuration management) based on its process treatment formula
            chemistry to ensure the treated waste meets the NTS WAC.
Issue:
K
Comment:   Since the majority of Fernald shipments may occur during the same time frame
            as shipments from  other sites, DOE needs to evaluate these shipments in a
            cumulative sense.  In  addition to listing  shipments  from Fernald, DOE must
            provide information to enable the public to understand the totality of shipments
            from DOE sites to the NTS to enable the public and governments to understand
            how these shipments add to the risk.

Response:   The  "Final Environmental Impact Statement for the Nevada Test Site and
            Off-site Locations in the State of Nevada," Appendix I, dated August 1996,
            evaluated the risk to the public resulting  from the transportation of radioactive
            waste to the NTS. The "Record of Decision: Environmental Impact Statement
            for the Nevada Test Site and Off-site Locations in State of Nevada" states:
                                     B.3-21

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Issue:
                                                                  FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      JUNE 2000, Rev. 0
            "Impacts from vehicle transportation of materials to and from the Nevada Test
            Site have been analyzed, including  Defense Program  nuclear material and
            waste management activities related to radioactive wastes and hazardous
            materials. The majority of the postulated injuries and fatalities in this analysis
            would be a result of traffic accidents and not a result of exposure to the
            transported material or waste. The results of the transportation risk analysis
            show that the human health risks from the transportation of material or waste
            are low under any alternative, and are not significant contributors to the total risk
            from all operations under these alternatives."

            DOE is committed to the safe transport of treated Silos 1 and 2 waste to the
            NTS for disposal.  Prior to leaving the FEMP, all shipments would be inspected
            (e.g., surface radiation  levels, proper securing of package) to ensure the
            packaging complies with DOT requirements for shipping radioactive material
            (49 CFR Part 173 Subpart I).  The routes have been selected in accordance
            with DOT regulations that require routes be selected based on their ability to
            minimize radiological risk (49  CFR Section 379.101), and are consistent with
            those routes agreed upon by DOE and stakeholders.
Comment:    Community acceptance, of course, should be more than the statements of those
             attending public hearings.  It should be the total record  of  meetings  with
             communities and stakeholders. The record of community acceptance should
             be derived from a number of sources and not merely the results of one hearing.
                                      B.3-22

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                     JUNE 2000, Rev. 0

Response:   DOE has included public involvement throughout the remedy selection process.
            Public involvement has included observation of the POP Testing and review of
            POP test reports and the revised FS design basis by an independent technical
            review team, who provided feedback to the public. In addition, public briefings
            have been held throughout the remedy selection process at both the FEMP and
            Las Vegas, Nevada.  Throughout the process DOE has discussed  and
            incorporated those issues deemed to be important to stakeholders. Table 9.1 -1
            of the revised PP presents a summary of the public involvement opportunities
            in the remedy selection process for Silos 1 and 2.

            In addition to the public having the opportunity to provide oral comments at the
            April 25 and May 3,  2000, public hearings, the public has been provided the
            opportunity to provide written comments between April 3 and May 18,2000 as
            part of the public review process. DOE also conducts monthly briefings with the
            public to provide status of remediation activities at Fernald and to provide the
            public the opportunity to voice concerns.
Issue:
M
Comment:   Concerns were raised in  regard  to minimizing risk to the public during
            transportation. This included evaluating intermodal transportation.

Response:   DOE is committed to the safe transport of treated Silos 1 and 2 waste to the
            NTS for disposal. Prior to leaving the FEMP, all shipments would be inspected
            (e.g.,  surface radiation levels,  proper securing of package) to ensure the
            packaging complies with DOE requirements for shipping radioactive material
            (49 CFR Part 173 Subpart I. The routes have been selected in accordance with
            DOT regulations that require routes be selected
                                     B.3-23

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0

            based on their ability to minimize radiological risk (49 CFR Section 379.101),
            and are consistent with those routes agreed upon by DOE and stakeholders.

            The FEMP has an established shipping program to the NTS using direct truck
            shipments. Therefore, forcosting purposes, the evaluation assumed direct truck
            shipments to the NTS. Although costs associated with  intermodal transport
            were not evaluated as part of this revised FS, the potential risks associated
            with intermodal transport were evaluated as part of Appendix E, Summary of
            Packaging and Transportation Evaluation, of the revised FS.

Issue:       N

Comment:   Comments were made in regard to evaluation of risk to workers and the public
            in comparing vitrification and chemical stabilization. In particular, it was stated
            that safety  record  in  the  commercial glass-making  industry should be
            considered in the evaluation.
                                
                                     B.3-24

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                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      JUNE 2000, Rev. 0
Response:   In the evaluation of risk to workers and the public, vitrification displayed an
             advantage over chemical stabilization  in  regard to risk to the public during
             transportation. This is due to the volume reduction associated with vitrification
             resulting in fewer shipments. However, the advantages displayed by vitrification
             in regard to transportation risk are outweighed by the advantages displayed by
             chemical stabilization over vitrification in regard to worker risk. As part of the
             evaluation process an occupational hazard analysis was performed on the each
             alternative. Based on the analysis it was determined that chemical stabilization
             presented fewer physical hazards to workers. Because vitrification is a more
             complex process in relation to chemical stabilization, it presents more physical
             hazards to workers  that must be managed through either engineering or
             administrative controls.
Issue:
0
Comment:    The remediation of Silos 1 and 2 material needs to include environmental
             health physics  analysis focusing on all radionuclides, but particularly on
             radium-226 and releases of radon-222, in Silos 1 and 2 material.
Response:   DOE agrees that environmental monitoring is an important aspect of ensuring
             protection of human health and the environment during remediation activities.
             The DOE has evaluated the current radon monitoring configuration in the Silos
             Project Area. The evaluation considered the upcoming remediation activities
             of Silo 3, the Accelerated Waste Retrieval (AWR) Project and the full-scale
             Silos 1 and 2 remediation facilities. It has been determined that the current
             configuration and quantity of the radon monitors was inadequate to monitor the
             effectiveness of the environmental controls of the anticipated remediation
             activities.

                                      B.3-25

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                     JUNE 2000, Rev. 0
            The DOE and OEPA have agreed on a plan to upgrade the current radon
            monitoring system to address anticipated deficiencies. The DOE has recently
            augmented the staffing of an independent technical review team to include a
            new member who will focus efforts on evaluating the effectiveness of proposed
            engineering controls and monitoring systems used by the Silo 3, AWR and
            Silos 1 and 2 Projects to address radon and particulate emissions. Based upon
            the review of the independent technical review team, additional changes may
            be implemented by the Silos Projects.
Issue:
Comment:   It is uncertain in the documents whether the chemical stabilization material will
            meet the State of Nevada Waste Acceptance Criteria.
Response:   In letter dated August 10, 1999, from Frank Di Sanza,  DOE-NV to Paul
            Liebendorfer, Division of Environmental Protection,  the  State of Nevada
            concurred that Silos 1 and 2 material should be considered small quantity
            11 (e)(2) byproduct material per DOE Order 435.1. As such the letter states that
            acceptance of the Silos 1 and 2 material for disposal be contingent upon its
            ability to meet the NTS WAC. This requires that the Silos 1 and 2 material be
            treated so that it no longer exhibits the toxicity characteristic. As documented
            in the RI/FS for OU4, the principal chemical constituent of concern for Silos 1
            and 2 material and the focus for stabilization  of the material is lead, whose
            concentration in leachate can exceed limits prescribed under RCRA. Based on
            the results of POP testing, as well as treatability tests conducted during the FS
            process, chemical stabilization can effectively treat Silos 1 and 2 material to
            meet the NTS WAC.
                                     B.3-26

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Issue:
                                                                   FEMP-OU4-RODA FINAL
                                                                        40700-RP-0008
                                                                      JUNE 2000, Rev. 0
Q
Comment:    While it appears that DOE/Fernald is actively involved in encouraging certain
             routes for the transportation of the waste to be used, it is unclear why, based on
             the experience of the Waste Isolation Pilot Project with the transportation of
             waste, that routes cannot be specified in contracts. Also needing to be noted
             is how DOE/Fernald intends on monitoring the shipments to ensure that their
             carriers comply with the routing designations and DOT criteria. Tourism is, of
             course, Nevada's bread and butter. Given the fact that rightly or wrongly the
             public does not distinguish between the types of low-level radioactive waste, it
             is important that DOE avoid situations that could potentially adversely impact
             our economy and quality of life.

Response:   The final selection of routes to transport radioactive material is the responsibility
             of the carrier. The DOT regulations under 49 CFR Section 379.101 (a) state:

             "Except as provided in paragraph (b) of this section or in circumstances when
             there is only one practicable highway route available, considering operating
             necessity and safety, a carrier or any person operating a motor vehicle that
             contains a Class 7 (radioactive) material, as defined in 49 CFR 172.403, for
             which placarding is required under 49 CFR part 172 shall: (1) Ensure that the
             motor vehicle is operated on routes that minimize radiological risk."
                                      B.3-27

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                                                                 FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0
            Last minute route detours may be required to avoid construction, vehicular
            accidents, or inclement weather. The routes have been selected in accordance
            with DOT regulations that require routes be selected based on their ability to
            minimize radiological risk (49 CFR Section 379.101), and are consistent with
            those routes agreed upon by DOE-and stakeholders. Prior to leaving the
            FEMP, all shipments would be prepared and inspected to ensure compliance
            with DOT requirements for shipping radioactive material (49 CFR Part 173
            Subpart I).  Compliance includes, but is not  limited to, ensuring packaging
            maintains radiation levels with DOT specified limits; ensuring shipping papers
            have been prepared properly, ensuring container is marked and labeled
            properly, and ensuring the transport vehicle is properly placarded.
Issue:
R
Comment:   Fernald, and other sites, in remediating their sites adds to the burden of the
            NTS and  Nevadans. To restore equity as well as  to ensure  that future
            stewardship costs are defrayed, it is important that cost savings at sites being
            remediated are made available to the NTS to defray future stewardship costs.

Response:   The NTS is a vital link in the DOE-complex environmental restoration mission.
            The NTS,  as well as other DOE-owned sites are subject to annual funding
            requests and federal budgetary approvals by Congress. As such, it is expected
            that DOE will continue to request funding on an annual basis to support its
            stewardship duties and obligations at the NTS including:

                   Ensuring safe and compliant storage and disposal of radioactive waste;
                                     B.3-28

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                                                                 FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    JUNE 2000, Rev. 0

                  Protecting  the  environment  and  personnel  from  chemical  and
                  radiological hazards in accordance with 40 CFR, RCRA; 10 CFR Part
                  835,  "Occupational   Radiation  Protection;"  DOE  Order  435.1,
                  "Radioactive Waste Management;" state of Nevada and applicable
                  DOT regulations;

                  Ensuring that present and future radiation exposures are kept as low as
                  reasonably achievable and do not exceed  the radiation protection
                  standards established in 10 CFR Part 835, "Occupational Radiation
                  Protection;"

                  Ensuring Quality Assurance programs are established and implemented
                  to fulfill the requirements of DOE Order 435.1, "Radioactive Waste
                  Management;" and 10 CFR Section 830.120, "Quality Assurance;" and

                  Being consistent with applicable federal, state, and local regulations.

Issue:       S


Comment:   Concerns were raised  regarding time  to  completion  (time  to achieve

            protectiveness) as a criterion for evaluating the alternatives. In addition it was
            stated that vitrification could accelerate schedule by utilizing a larger melter.


Response:   The basis for the project schedules presented in the FS for all four alternatives

            was established on historical experience with remediation projects conducted

            at the FEMP under CERCLA and DOE Radiological and Safety Programs.
                                     B.3-29

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            The time period between the approval of the ROD amendment and the initiation
            of treatment operations (i.e., design, construction, construction acceptance
            testing, pre-operations, and start-up) for the Silos 1  and 2 remediation is
            estimated to be 62 months for vitrification, compared to 54 months for chemical
            stabilization. The difference of eight  months between the two schedules is
            primarily attributed to the time required, based upon lessons learned during
            start-up of DOE vitrification facilities, to perform Proof of Process testing during
            start-up of the vitrification facility.

            The 15 tons per day melter design, proposed in the revised FS, exceeded the
            known limit of thejoule-heated vitrification technology's demonstrated capability
            on similar wastestreams to Silos 1 and 2 material by a factor of 3 (M-Area
            melter was 5 tons per day). DOE  recognizes that joule-heated vitrification
            commercial glass plants operate continuously, at production rates in excess of
            100 tons per day, however, full credit for this experience cannot be recognized
            since the commercial  glassmaking feedstreams are  very  homogenous to
            ensure quality control. DOE, Fluor Fernald, Inc., EPA, and OEPA did not elect
            to accept the increased risk associated with the higher capacity melters for use
            in treating heterogeneous radioactive or hazardous wastestreams, since none
            have been demonstrated at this time.
Issue:
T
Comment:   The large volume reduction offered by vitrification should have been given more
            weight. Vitrification technology excelled in this area based on the desire of
            DOE to minimize the wasteform produced. Based on the success in reducing
            the volume of treated waste, and the demonstrated performance of the wastes,
            the vitrification technology should be "Strongly Favored" for this criterion.
                                      B.3-30

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Response:   DOE agrees that vitrification has an advantage over chemical stabilization with
             regard to reduction in volume of treated waste. However, both technologies
             were equal in their ability to reduce the mobility of lead based on TCLP results.
             Therefore, vitrification was given a "Favors" rating for the criterion of reduction
             of toxicity, mobility, or volume through treatment.

             Chemical stabilization is recommended as the preferred treatment alternative
             because  it  meets the  threshold criteria  and provides the best balance of
             tradeoffs compared to  vitrification with respect to the five balancing  criteria.
             Specifically, the advantages  of chemical stabilization  in  implementability
             (commercial  demonstration,  operability,  ease  of  acceleration,   and
             constructability)  and  short-term  effectiveness (worker  risk and  time  to
             protection) are judged  to outweigh the advantages of vitrification due to  its
             lower treated waste volume.
Issue:
U
Comment:    The amount of secondary waste generated by vitrification technologies is very
             similar to that from chemical stabilization. These differences are insignificant
             in terms of the total waste generated, and do not justify a "Favorable" rating for
             the stabilization technologies.
                                 
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Response:   DOE agrees with this statement. As presented in Figure 8.1-1 of the revised
             PP that was issued for public review, the subcriterion of "Secondary Waste
             Generation" was given a "Neutral" rating between the technologies. However,
             the vitrification technologies have the greater potential to generate secondary
             wastestreams, which although their volume is relatively small, are more difficult
             to handle and to treat for disposal (i.e., salts, reduced metals, spent refractory,
             mixed waste).
Issue:
V
Comment:    Statements relative to radon release are true; however, they omit recognition
             that the overall amount of radon released from the vitrified wasteform throughout
             its  lifetime will be far less than that released by the chemically stabilized
             wasteform.

Response:   The cited text by the reviewer refers to a short-term effectiveness discussion in
             the revised PP, Section 7.2.2.3. The reviewer's concern is addressed by the
             revised PP in the last paragraph of Section 7.2.2.2, Long-term Effectiveness
             and Permanence, which states:
                                 
                                      B.3-32

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                                                            40700-RP-0008
                                                          JUNE 2000, Rev. 0
"The vitrified Silos 1 and 2 material reduces radon emanation more effectively
than does the chemically stabilized material.  However, the combination of
radon mitigation  provided by the  chemically stabilized material  plus  the
engineered barriers and packaging associated with the disposal of treated
materials, effectively controls  radon  emanation.  Both alternatives provide
effective control of radon emanation from the treated Silos 1  and 2 material.
The impact of radon emissions during remediation is evaluated as part of the
short-term effectiveness criterion."

In  addition,  Section  7.2.1.2 of the revised PP, under the discussion of
compliance with chemical-specificARARs, states:

"Both vitrification and chemical stabilization technologies meet the chemical-
specific ARARs associated with  potential releases to groundwater, surface
water, and air. The most critical chemical-specific ARAR relative to airborne
releases relates to radon. The primary limit on radon emanation is the flux limit
specified in  National Emissions Standards for Hazardous Air Pollutants, 40
CFR Part 61 Subpart Q, of 20 picoCuries per square meter-second. This limit
applies to interim storage or final disposal  of Silos 1 and 2 material. Both
alternatives meet this ARAR during interim storage and after disposal. Both
alternatives meet requirements for control  of radon, particulate, and other air
emissions from  remediation activities through incorporation  of necessary
air-emission treatment. The impact of radon emissions during remediation is
evaluated as part of the short-term effectiveness criterion."
                         B.3-33

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Issue:
                                                                   FEMP-OU4-RODA FINAL
                                                                         40700-RP-0008
                                                                       JUNE 2000, Rev. 0
w
Comment:    A comment was raised regarding the evaluation of implementability between
             the alternatives. In particular, concerns were raised regarding the evaluation of
             operability and controllability, process reliability, and process control, and the
             exclusion of commercial glass-making experience for evaluating vitrification.

Response:   It is stated in the revised FS and revised PP documents that both technology
             families (VIT and CHEM) could treat the Silos 1 and 2 material and that both
             technology families would face  challenges during  implementation  of the
             technology.

             Both vitrification and chemical stabilization are difficult to implement because
             of the nature of the Silos 1  and 2 material requiring  remote operations.
             However, operational risks for both can be controlled. Chemical stabilization is
             preferred because there is more demonstrated commercial experience with
             this technology, it is less complex than vitrification and therefore more certain
             in its ability to be successfully implemented, and it offers the opportunity for
             schedule acceleration and recovery in the event of unplanned downtime.
             Both vitrification and chemical stabilization have encountered difficulties in
             treating radioactive wastes in the DOE-complex. However, there is significantly
             more demonstrated experience in the commercial sector with the chemical
             stabilization technology than with the vitrification technology. In addition, based
             on  evaluation  of  existing  facilities,  the  production  rate   proposed
             for the vitrification process is  at the limit of the current capacity of  existing
             vitrification  facilities   treating   radioactive  material,  while  the
                                      B.3-34

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                                                       FEMP-OU4-RODA FINAL
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production rate proposed for the chemical stabilization process is within limits
of the current capacity of existing chemical stabilization facilities.

To treat Silos 1 and 2 material within a three-year time period, the vitrification
process would have to produce 15 tons of vitrified material per day. Within the
limited experience of the vitrification technology, there are no facilities in  the
DOE-complex and only two facilities in the commercial sector operating at the
required capacity.  This limited experience at the required capacity results in
increased uncertainty as to whether the current technology has the capability to
treat Silos 1 and 2 material at the required capacity. In comparison, to treat
Silos 1 and 2 material within a three-year time period, the chemical stabilization
process would have to process 12 cubic yards of Silos 1  and 2 material  per
day. There have been a number of chemical stabilization facilities in both  the
DOE-complex and the commercial sector that have operated at the required
capacity. Because there is a greater degree of commercial demonstration of
the  chemical stabilization process at  the required capacity,  there  is less
uncertainty in its ability to treat Silos 1 and 2 at the required capacity.

Vitrification  has more  unit operations associated  with it than chemical
stabilization and is therefore considered to be more complex to operate than
chemicalstabilization. The integrated operation of complex systems associated
with the vitrification process increases  the likelihood of process upsets and
resulting downtime. In addition, the complexity of process control associated
with vitrification complicates melter operation. Included in the  complexity of the
process control are critical parameters that are not readily measured, such as
viscosity, electrical conductivity, liquidus temperature, and sulfate formation.
Furthermore, as stated under the discussion of short-term effectiveness,  the
hazards inherent to the

                          B.3-35

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            vitrification process  increase the risk to the worker during  maintenance
            activities.

            The two vitrification processes propose to operate 24-hours per day for seven
            days  per week for three years. The two chemical stabilization processes
            propose to operate 16 to 24 hr/day for 5 days/week for three years. Based on
            the current designs, the chemical stabilization process has a better opportunity
            to improve schedule and accelerate remediation. In addition, based on current
            designs, the chemical stabilization has a better opportunity to recover from
            process upsets or other downtime.

            Based on the above evaluation, chemical stabilization is the preferred
            alternative to  implement.  Chemical stabilization has  a greater degree of
            commercial demonstration at the required capacity, is less complex to operate,
            and provides  more opportunity to recover  from process upsets and other
            downtime, as well as more opportunity to improve schedule.
Issue:
X
Comment:   The VIT1 evaluation should be reassessed to include an optimized container
            and associated changes such as fritting as favored by optimization. The VIT1
            design approach submitted by Envitco relied on a qualified container design
            as described in the  POP test report. This container design was utilized at the
            suggestion of Fluor Fernald, Inc., and Envitco understood that all technology
            providers would utilize this container.

Response:  Packaging of treated Silos 1 and 2  material was evaluated for two reasons in
            the revised FS: 1) to determine impacts on cost from packaging, transportation,
            and disposal; and 2) to determine impacts on short-term risk to the public
            during  transportation.  Based  on  the  evaluation   presented   in  the
                                      B.3-36

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revised FS, cost was determined not to be a discriminating factor in the
selection of the treatment technology.

The selected container was an appropriate container to use as a basis for a
CERCLA feasibility study. The container had been designed and tested to
meet the requirements of a DOT 7A-Type A container. The container had also
been designed to provide the shielding necessary to meet the DOT radiation
level limits for shipping radioactive material. Although the container had been
designed to be optimized for vitrified gems,  based on the evaluation in the
revised FS, the container would  provide approximately an 80% packaging
efficiency for vitrified monoliths in molds. All four proposed containers could be
optimized further from what is presented in the revised FS. However, further
optimization would not result in any modification to the conclusions presented
in the revised FS or the revised PP.

Most of the POP vendors recognized that waste loading was a fundamental
parameter,  which affected shielding requirements and packaging efficiency.
For the wasteforms with lower waste loadings (i.e., CHEM1, CHEM2), this
effect was less. However, these alternatives produced three times the waste
volume of the vitrification alternatives, and three times the shipments. Evaluation
of risks to the public during transportation based on the four proposed container
designs and wasteforms indicate that the treated waste can be shipped to the
NTS with minimal risk to the public.

Further optimization of the four containers would not modify the conclusions that
cost is  not a discriminating factor and that vitrification is favored over chemical
stabilization for the criterion of transportation risk.
                         B.3-37

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Issue:
                                                                FEMP-OU4-RODA FINAL
                                                                      40700-RP-0008
                                                                    JUNE 2000, Rev. 0
Y
Comment:   The cost data appearing in the revised FS for VIT1 was significantly different
            than that presented in the Public Workshop in November 1999. VIT1  costs
            increased  by over 25%, primarily due to cost of money and operation and
            maintenance  costs. This magnitude of change did not  appear in the cost
            assessments for the other technologies. It was not obvious why this would differ
            for the different technologies.

Response:   The cost information presented in the November 1999 public workshop was
            only a "snapshot" of work in progress. The cost estimates were finalized after
            incorporating independent review teams' comments in December 1999 and the
            entire revised FS was submitted to the EPA. The final revised FS cost
            estimates for all four alternatives include modified cost of money calculations
            and documented operational risk costs which account for the noted cost
            increase in the four alternatives.

            The cost estimates are summarized in Volume 2 of the revised FS. The revised
            FS cost estimates are comprehensive and reflect the scope.

            The conceptual designs and supporting cost estimates in the revised FS have
            been reviewed by independent technical review teams and cost experts. The
            cost estimates  supporting the revised  FS were  found to  be a fair and
            reasonable representation of the cost of performing these remediation projects
            at the FEMP under a regulated and DOE Radiological and Safety Programs.
            Project cost was not considered to be a discriminating factor between the VIT
            and CHEM alternatives, because the difference between the two technology
            families is  16% and the level of accuracy of the estimates is + 50/-30%.
                                     B.3-38

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                                                                  FEMP-OU4-RODA FINAL
                                                                       40700-RP-0008
                                                                     JUNE 2000, Rev. 0
Issue:
Comment:    It was stated that the VIT1 alternative should be re-evaluated based on a 30 ton
             per day melter and the production of frit.

Response:   It is DOE's position that the 15 tons per day melter design, proposed in the
             revised  FS  exceeded  the  known  limit of  the  joule-heated  vitrification
             technology's demonstrated capability on similar wastestreams to Silos 1 and
             2 material by a factor of 3 (M-Area melter was 5 tons per day). A 30 tons per
             day would  exceed the demonstrated capability  by a factor  of  6. DOE
             recognizes that joule-heated  vitrification commercial glass plants  routinely
             operate, at production rates in excess of 100 tons per day. However, full credit
             for this experience cannot be recognized since the  commercial glassmaking
             feedstreams are very homogeneous  to ensure  quality control.  DOE, Fluor
             Fernald, Inc.,  EPA, and OEPA did not elect  to accept the increased  risk
             associated with the higher capacity melters for use in treating heterogeneous
             radioactive or hazardous wastestreams, since none have been demonstrated
             at this time.
Issue:
AA
Comment:   A comment  was  issued  regarding the representativeness  of  vitrification
            technologies evaluated in the revised FS. In particular, it was stated that the
            specific vitrification technologies evaluated are not representative of vitrification
            technologies that  have been specifically  developed  for treating earthen
            materials such as the Silos 1 and 2 materials.

Response:  The joule-heated vitrification technology evaluated in  the revised FS and
            revised PP was the same representative technology evaluated in the FS and
                                     B.3-39

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                                                                  FEMP-OU4-RODA FINAL
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                                                                      JUNE 2000, Rev. 0
             PP and ultimately the technology selected as the treatment remedy in the OU4
             ROD.
Issue:
            The revised FS and revised PP evaluated a wide range of representative
            vitrification technologies (i.e., cyclone, plasma arc, insitu) in order to develop
            a broader evaluation for the technology family.

            In support of the revised FS, the POP Testing Program evaluated the range of
            technically representative vitrification  technologies (joule-heated,  cyclone,
            plasma arc and insitu) for pilot-scale testing.  The data from the pilot-scale
            testing was used with other data, including Geosafe provided information to
            evaluate the vitrification technology in the revised FS and  revised PP. The
            GeoMelt  technology  was determined  to  be a  representative  vitrification
            technology. However, through the POP competitive bid process, GeoMelt was
            not selected for POP testing.
BB
Comment:   A comment was issued stating the ROD should be revised to include off-site
            treatment as an alternative.

Response:  The off-site treatment option  was evaluated as  part of the  screening  of
            alternatives in Section 2 of the  revised FS. A Commerce Business Daily
            announcement was published requesting responses from vendors expressing
            an  interest in the off-site treatment of the Silos 1 and 2 material. Although a
            small  number of  expressions of  interest  were  received,  review of the
            documentation provided by the facilities indicated that none possessed both
            adequate current treatment capacity and adequate licensing. The lack of off-site
            commercial treatment facilities capable of accepting Silos 1 and 2 material,
            limits the involvement of the regulators, and the public in selection
                                      B.3-40

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            of an off-site treatment process during the post-ROD process and results in a
            significant risk in the ability to implement treatment in  a timely manner.
            Therefore, off-site treatment has been excluded from further consideration as
            an alternative for the Silos 1 and 2 material.

            Should an off-site treatment facility be identified during post-ROD remedial
            activities, the CERCLA process allows for the continued evaluation of a cleanup
            decision, as new information is identified.

Issue:       CC

Comment:   The basis for development of alternatives is said to have included "Commercial
            and  DOE-complex experience..." It is obvious from the revised FS and the
            revised PP that this statement is not true relative to vitrification technologies.
            Geosafe has provided information on its GeoMelt vitrification technology to
            DOE and Fluor Fernald,  Inc., several times; and it is apparent that this
            technology has been  ignored by the studies. This technology has been used
            commercially on  hazardous and  radioactive  waste  more than  any other
            vitrification technology.

Response:   DOE did consider the  GeoMelt system during the decision-making process and
            determ ined GeoMelt to be a representative vitrification technology. Although the
            GeoMelt system was not selected for POP testing, this did not preclude the
            GeoMelt system from being considered as a viable option should vitrification
            have been selected as the preferred remedy for Silos 1  and 2 material. As
            stated in Section 6 of the revised PP, under the discussion of each process
            option evaluated, "The treatment system described in this section is based
            upon data and other  information compiled from POP testing and has been
            developed as a viable way to implement this alternative. Equivalent systems
            may exist and are not precluded from
                                     B.3-41

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            consideration, consistent with the  final selected remedy, during remedial
            design."

            In addition, DOE conducted a search identifying remedial sites across the U.S.
            and abroad where vitrification and chemical stabilization treatment technologies
            have been applied to the remediation of hazardous (lead contaminated) and/or
            radioactive material. Tables 3.1-2 through 3.1-5 of the revised FS presents a
            list of  examples where the application  of both vitrification and  chemical
            stabilization technologies were applied to wastestreams that are reasonably
            similar to the  Silos 1 and 2 material. The tables, as stated above, are a list of
            examples not an all-inclusive list of applications. Although not specifically listed
            in the tables, the  information provided by Geosafe as part of its POP proposal
            was considered by DOE in the evaluation of vitrification.
Issue:
DD
Comment:   A concern was raised regarding the issuance of proper notice for the public
            hearing process and the perceived short response period regarding the public
            hearing.

Response:   Per requirements in 40 CFR Section 300.430(f)(3)(i) of the NCP, the lead
            agency is required to publish a notice of availability and brief analysis of the PP
            in a major local newspaper. The NCP also allows the public a minimum of 30
            calendar days to provide written and oral comments on the PP and material
            contained in the Administrative Record. In addition, the NCP requires a public
            meeting be held during the public comment period.

            As  the lead agency  at the FEMP,  the DOE, in  accordance with NCP
            requirements, issued  notices in  major local newspapers  both in the  area
            surrounding  the FEMP and the  area surrounding the NTS.  Notices were
                                     B.3-42

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                                                   FEMP-OU4-RODA FINAL
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                                                       JUNE 2000, Rev. 0

published in three newspapers surrounding the FEMP: the Harrison Press
(March 29,  2000); the Hamilton Journal-News (March 30,  2000); and the
Cincinnati Enquirer (April 2,2000). Notices were published in two newspapers
surrounding the NTS: the Pahrump Valley Times (March 31,2000) and the Las
Vegas Review-Journal (April 1, 2000). Copies of these notices are provided
in Attachment B.IV of Appendix B of this ROD Amendment. The notices
provide information of the time period for the public comment period, which ran
from April 3 through May 18,2000. In addition, the notices provided information
regarding the location and date for the public hearing held in both respective
areas (i.e., FEMP S April 25 and NTS S May 3).
                        
                        B.3-43

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 1
 2                        ATTACHMENT B.I
 3
 4
 5                      FLUOR DANIEL FERNALD
 6
 7                         PUBLIC HEARING
 8
 9             PROPOSED  PLAN  FOR  REMEDIAL ACTIONS AT
10                         SILOS  1 AND  2
11
12
13                         APRIL 25,  2000
14                            6:30 P.M.
15
16                         Alpha Building
17                 10967 Hamilton-Cleves  Highway
18                         Harrison,  Ohio
19
20
21
22
23
24
                Spangler Reporting Services, Inc.
            PHONE  (513)  381-3330    FAX (513)  381-3342
                                B-l-1

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 1                     MR. STEGNER: Good evening everyone
 2    and thanks for coming. My name is Gary Stegner, I
 3    work in Public Affairs for the Department of Energy
 4    at Fernald.
 5                     The purpose of the meeting tonight is
 6    to conduct a formal public hearing on the revised
 7    proposed plan for Fernald's Operable Unit 4, which
 8    includes Silos 1 and 2, also known as K-65 silos.
 9    I want to emphasize that the scope of tonight's
10    meeting is exclusively OU-4, and that is the
11    subject we will be discussing for the duration of
12    the meeting.
13                     With me tonight are Nina Akgunduz.
14    She's the Department of Energy's Project Manager
15    for the silos project, and Terry Hagen, who is the
16    Fluor Fernald Vice President for Site Closure.
17                     I try to remind everybody to please
18    sign the attendance roster, and if you have, I
19    appreciate that. Also hope you've indicated
20    whether or not you want to speak this evening
21    during the formal public hearing portion of
22    tonight. I want to emphasize that you do not have
23    to speak tonight in order for your comments or
24    questions to become part of the public record.
                Spangler Reporting Services, Inc.
            PHONE  (513)  381-3330     FAX  (513)  381-3342
                                B-l-2

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 1    Written comments can be submitted this evening,
 2    they can be submitted anytime before the end of the
 3    comment period, which is May 18th. You can send
 4    those to me at the site or you can fax them to me
 5    at the site. My fax number is 648-3073.
 6                     We have scheduled two hours tonight
 7    to allow maximum time for questions and comments.
 8    We'll take more time if necessary. Before we begin
 9    the formal public hearing, we will present a brief
10    overview of the project, followed by a short
11    informal question and answer session.
12                     Also with us tonight we have Don
13    Payne and Dennis Nixon, who will be able to answer
14    questions during the informal question and answer
15    period.
16                     Prior to going into the formal public
17    hearing, we will have a break. We will do that a
18    little bit differently. Because this is a formal
19    hearing, we do have a court reporter present. A
20    copy of the transcript should be available in the
21    Public Environmental Information Center within the
22    next two weeks, more or less, and we will let you
23    know when it's in there through one of our
24    mailings.
                Spangler Reporting Services, Inc.
            PHONE  (513)  381-3330     FAX  (513)  381-3342
                                B-l-3

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 1                     When we do receive your formal
 2    comments, they will be addressed in a formal
 3    responsiveness summary. That will be a part of,
 4    also part of the Record of Decision document.
 5                     You can't hear me? We're turning it
 6    up. I'll hold it closer. Is it okay now, Carol?
 7                     Is it okay now,  folks? Better?
 8    Thanks, Carol. Sorry.
 9                     With that, let's now go into the
10    overview portion of it. This will take probably —
11    We'll begin with the video, approximately 12 to 15
12    minutes. That will be followed by a presentation
13    by Terry, and then an informal question and answer
14    session, and following that we will take a break
15    and proceed to the formal public hearing. So with
16    that, Terry.
17                     (Playing of video.)
18                     MR.  STEGNER:   This video was
19    produced at the request of stakeholders from Nevada
20    to really present a very succinct overview of the
21    project for their stakeholders.
22                     Following Terry's presentation,  we
23    will go into an informal question and answer
24    session. Once we go into the formal public comment
                Spangler Reporting Services, Inc.
            PHONE  (513)  381-3330     FAX  (513)  381-3342
                                B-l-4

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 1    slot this evening, we will not be responding at
 2    that time. We will simply be in a listening and
 3    recording mode then. So if you have questions,
 4    please raise them during the informal question and
 5    comment period.
 6                     We would ask that,  in the interest of
 7    time, hold your questions until Terry's
 8    presentation is completed, and we will respond to
 9    all during the informal question and comment
10    period. Terry.
11                     MR.HAGEN:  What I'd like to do is
12    summarize the information that was presented in the
13    video and in some instances supplement it with some
14    additional detail against the evaluation criteria
15    that CERCLA requires us to use when we evaluate and
16    select remedies. For those of you who have been
17    with us through this long process, this is going to
18    in essence be a repeat of what we talked about the
19    last time we were together.
20                     The CERCLA decision-making criteria
21    are called the nine criteria, and you see them
22    here. They're broken up into three categories.
23    The first two are called threshold criteria, and
24    what that means is by EPA promulgated regulation
                Spangler Reporting Services, Inc.
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                                B-l-5

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 1    you cannot select a remedy that does not meet
 2    adequately these two threshold criteria, the first
 3    two on the overhead, overall protection of human
 4    health and the environment and compliance with
 5    applicable or relevant and appropriate
 6    requirements. If a potential alternative is
 7    demonstrated to meet those threshold criteria, then
 8    it's eligible for further evaluation against what
 9    are called the balancing criteria. That's the next
10    five.
11                     What you are looking for is a
12    qualitative assessment of the trade-offs among
13    those. There's nothing in the guidance that says
14    among these next five balancing criteria one is
15    more important than the other, nor does the
16    guidance tell you how to develop a site specific
17    weighting. It's really dependent upon very site
18    specific circumstances, and it's the job of the
19    responsible party, the stakeholders, and EPA to
20    make those qualitative judgments as to what's the
21    best balance of trade-offs among these five.
22                     Finally,  the last two,  state
23    acceptance and community acceptance, are called
24    modifying criteria, and where those come in
                Spangler Reporting Services, Inc.
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                                B-l-6

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 1    formally, although we have done our best to
 2    consider those things to date in developing and
 3    presenting the preferred alternative, where those
 4    come in formally is as a result of this process
 5    where there's a formal public comment period,
 6    stakeholders have the opportunity to have their say
 7    on what DOE and the regulators have proposed as the
 8    remedy, and DOE, as the responsible party, is
 9    obligated to consider those comments, make a change
10    in the remedy, if warranted, based on those
11    comments, or at a minimum respond in a
12    responsiveness summary, which becomes part of the
13    Record of Decision to each and every one of those.
14    Since this process isn't done, obviously we don't
15    have any kind of presentation tonight on those.
16                     Let me talk briefly about the two
17    threshold criteria, which you'll see are neutral,
18    which means that it was our assessment that both of
19    the technology families, vitrification and chemical
20    stabilization, did indeed meet the threshold
21    criteria, are eligible for selection under CERCLA,
22    and hence went forward for a more detailed review
23    of how the balancing criteria played out.
24                     What's the basis for saying both
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 1    alternatives meet the threshold criteria starting
 2    with overall protection of human health and the
 3    environment? First, from a Fernald perspective,
 4    all of the materials that are contaminated with
 5    metals and radiological contaminants above health
 6    based levels are taken up, taken out of the silos,
 7    treated and sent in a safe configuration to the
 8    Nevada Test Site for disposal. So from the Fernald
 9    perspective, we're taking the contamination up and
10    getting it out of here.
11                     From the perspective of
12    transportation, which we talk about again later, we
13    did calculations as to what risks would be
14    associated with incident-free transportation, in
15    other words, everything went great, no problems.
16    We also did evaluations of what risk would be
17    presented in an accident scenario, what if
18    something went wrong, and both alternatives,
19    although there are differences which we'll come to
20    here in a little bit, both were well within the
21    CERCLA range of acceptable risk.
22                     And then, finally,  disposal at the
23    Nevada Test Site, long-term protection is provided
24    there by, number one, the treatment, which
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 1    immobilizes the lead, the primary contaminant of
 2    concern for the purpose of treatment; the
 3    combination of the treatment containerization and
 4    disposal at depth mitigates radon attenuation,
 5    which is the other significant contaminant of
 6    concern, and that combined with the isolated
 7    location and access controls that go along with the
 8    Nevada Test Site provide for the protection there.
 9    And here in a minute when we get into the balancing
10    criteria, the first one is long-term effectiveness
11    and permanence, and as you saw on the slide that I
12    just had, we rated those neutral, both performing
13    approximately the same. The arguments that I just
14    presented apply there as well. That's also the
15    basis under that criterion for rating them as
16    providing equal and adequate long-term protection.
17                     Compliance with ARARs,  which are
18    applicable or relevant and appropriate
19    requirements, another threshold, again our
20    assessment has concluded that both alternatives
21    adequately satisfy all ARARs. Most notably is the
22    NESHAP Subpart Q radon flux limit, which is met
23    adequately for both alternatives, and we'll talk
24    about radon attenuation here again in a few
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                                                         10
 1    moments. The treatment under vitrification
 2    adequately provides radon attenuation, a
 3    combination of packaging and disposal. The whole
 4    alternative provides compliance with that ARAR for
 5    stabilization.
 6                     As far as all transportation
 7    requirements, Department of Transportation
 8    requirements, those will be met. Our analysis
 9    indicates that they can be met. And as far as
10    siting requirements, engineering, other action
11    specific requirements, again the consensus was that
12    both alternatives could meet all identified ARARs,
13    which means that both alternative families, both
14    technology families, vitrification and chemical
15    stabilization, are acceptable  for further
16    evaluation against the balancing criteria. I just
17    talked about this.
18                     And again the same argument that both
19    alternatives adequately protect human health and
20    the environment also apply in  our evaluation of
21    long-term effectiveness and permanence. We get it
22    out of here, treat the materials such that the lead
23    is immobilized, and get it into the ground in a
24    stable disposal configuration  in an arid, remote
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                                                         11
 1    environment with access controls to minimize any
 2    kind of long-term environmental impact.
 3                     Now, of the five balancing criteria,
 4    it was our assessment, and let me define who "our,"
 5    when I say "our," who I'm talking about. Certainly
 6    DOE, working with both US and Ohio EPA, as well as
 7    receiving input from the Department of Energy
 8    Independent Review Team and the Critical Analysis
 9    Team, basically felt that there were three primary
10    discriminators, and subsequent interface with the
11    stakeholders, especially with FRESH and the CAB, I
12    think tended to validate that, that, as we just
13    talked about, long-term effectiveness and
14    permanence was neutral.
15                     We'll get to cost,  which is important
16    but not substantially different among the
17    alternatives, so there was really nothing there
18    that said there's a basis for selecting one over
19    another.
20                     We did see what we felt were
21    meaningful differences between the two technologies
22    in the next three balancing criteria that I'm going
23    to talk about. The first one is reduction of
24    toxicity, mobility, or volume through treatment.
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                                                         12
 1    The overall conclusion of the groups that I
 2    referenced earlier is that there is a clear
 3    advantage in this criteria for vitrification, and
 4    it's primarily related to the treated waste volume,
 5    and I'll reference where the arrows fall here in a
 6    little bit.
 7                     But to move on,  roughly because of
 8    the nature of the process, the treated volume and
 9    then the packaged volume and the amount of material
10    on the road and going into the ground in Nevada is
11    roughly three times greater for the chemical
12    stabilization technologies than the two
13    representative vitrification technologies. And
14    that's primarily because as part of chemical
15    stabilization you add things, additives, chemical
16    additives that achieve the chemical immobilization
17    process, coming along with it a fairly significant
18    volume increase.
19                     Vitrification,  by the nature of that
20    technology, actually reduces the volume. So this
21    right here is the bottom line for why we felt there
22    was a clear advantage to the vitrification
23    technology family on the overall criterion of
24    reduction of toxicity, mobility,  and volume through
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                                                         13
 1    treatment.
 2                     A couple of other things were
 3    evaluated, the first one being secondary waste
 4    generation. We're showing an advantage to chemical
 5    stabilization for that. However, it's not
 6    significant, not a discriminator, not something
 7    that undoes or overrides or even erodes the
 8    significant advantage of vitrification relative to
 9    the treated volume. You can see they're about the
10    s ame.
11                     Our assessment is that the actual
12    secondary waste produced by vitrification are going
13    to be a little harder to deal with, we'll probably
14    have some mixed waste associated with the
15    refractory brick, and because of the high
16    temperature aspect of the operation, some of the
17    off-gases are expected to be a little bit more
18    difficult to deal with. For instance, we're going
19    to fully liberate the radon that is contained in
20    these wastes, whereas that won't be the case with
21    chemical stabilization, but not a significant
22    discriminator.
23                     Reduction in mobility of COCs,  let me
24    just say quickly we rated that as neutral, the
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                                                         14
 1    reason being is that testing data that came back
 2    from our proof of principle testing for both
 3    technology families with all four representative
 4    technologies adequately treated the lead, the RCRA
 5    metals, which is the primary treatment objective.
 6                     The second contaminant of concern
 7    that we're looking at in evaluating what treatment
 8    does in relationship to is radon. There is a
 9    significant advantage for the vitrification
10    technology for reduction of radon emanation. If
11    you look at the results of our proof of principle
12    testing, basically what that showed is, I
13    referenced earlier the NESHAP, Subpart Q ARAR for
14    radon flux, the treatment through vitrification
15    alone achieves that ARAR. For chemical
16    stabilization, while there is a reduction of radon
17    attenuation through treatment, to achieve that
18    ARAR, we got to do it through a combination of
19    treatment and packaging. So there was an advantage
20    there for vitrification, which again promoted the
21    overall conclusion of reduction of toxicity,
22    mobility, and volume through treatment in favor of
23    vitrification.
24                     The second discriminating balancing
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                                                         15
 1    criteria is called short-term effectiveness, in
 2    which we have judged there to be an advantage to
 3    chemical stabilization, broken up in several
 4    parts. The first one is worker risk, and to
 5    summarize some things you heard on the video, the
 6    radiological dose that we calculated for on-site
 7    workers is about the same. That's not the
 8    differentiator here. A little later in the package
 9    on implementability I'm going to show a graphic
10    that shows number of hours worked, and what you're
11    going to see is roughly it takes, our current
12    estimate is about 16,000 work hours to implement
13    vitrification, whereas, depending on which
14    representative technology of chemical
15    stabilization, there's going to be anywhere from
16    7,000 to 10,000. So there's a reduced number of
17    operating hours, which statistically translates to
18    a lower probability of some kind of accident during
19    operation.
20                     The second thing has to do with
21    worker risk in an upset mode, in which something
22    goes wrong and we've got to go in under let's say
23    nonroutine circumstances and do something about
24    it. As you recall, these are going to be remote
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                                                         16
 1    technologies. Maintenance, however, is direct
 2    contact. Because of the high temperature, high
 3    voltage operation, we think there are greater risks
 4    for workers associated with maintenance and upset
 5    conditions for the vitrification technology. So
 6    that's the worker risk aspect of this.
 7                     The second aspect of short-term
 8    effectiveness is transportation risk, where we
 9    judge there to be an advantage for vitrification,
10    and it links back to the exact same piece of data
11    that I gave for reduction of toxicity, mobility,
12    and volume. There's about a third less volume of
13    material for vitrification that has to be shipped
14    over the highways. That directly results in about
15    a third of the statistical chance of some kind of
16    accident happening. So, therefore, we judge there
17    to be an advantage in this for vitrification.
18                     A couple of others notes,  neither of
19    which undoes the conclusion that I just said, is
20    that the calculated transportation risk for both
21    technologies, including in an accident scenario,
22    were within the CERCLA guidelines, I mentioned that
23    up front, for overall protection of human health
24    and the environment. And, second, one of the
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                                                         17
 1    things that was of interest to our stakeholders in
 2    Nevada is that because with vitrification you are
 3    essentially consolidating that waste --
 4    consolidation isn't the right word — concentrating
 5    that waste, I'm sorry, the radioactivity associated
 6    with the treated material isn't going away, it
 7    actually becomes more concentrated. So the dose
 8    associated with the treated material is actually
 9    higher in chemical stabilization because in effect
10    you're diluting it by adding those additives. So
11    in the event, which we think is the unlikely event,
12    of some kind of an accident scenario where it would
13    come out of the container, out of the packaging, it
14    would be -- it would represent a higher risk to
15    response workers because of that higher dose radon
16    contact.
17                     Off-site environmental impacts were
18    judged to be neutral. And we do recognize that
19    there's a higher volume for the chemical
20    stabilization materials, but the basis of that
21    statement is that it's going into a highly impacted
22    area that has been designated for disposal of this
23    type of material. Hence, approximately neutral.
24    There's no meaningful difference in the long-term
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                                                         18
 1    impact between the two at the Nevada Test Site.
 2                     Finally, time to achieve
 3    protectiveness, based on the data that came back
 4    from the proof of principle testing, there was
 5    roughly, I think it was about ten months, as I
 6    recall, an advantage to chemical stabilization on
 7    the up front design, construction, and start-up
 8    that allowed that technology to finish sooner.
 9    That's a fairly slight difference, but there was a
10    perceived advantage for chemical stabilization
11    there.
12                     The third discriminating criteria of
13    the balancing criteria is implementability, where
14    we have judged there to be an advantage to chemical
15    stabilization. Let me go back and repeat something
16    that the video said. Implementing any of these
17    technologies is going to be a challenge. They've
18    all got their unique aspects that are not going to
19    be easy. Chemical stabilization, for instance,
20    done in a remote environment is not going to be
21    easy. That's the input that we received from our
22    independent reviewers, to a lesser extent our
23    vendors, and that we recognized ourselves. So I
24    don't want anybody to leave with the impression
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                                                         19
 1    that we're suggesting that it's a slam dunk for
 2    chemical stabilization because we're suggesting
 3    there's an advantage. Just that when compared
 4    against vitrification, it does appear to be more
 5    implementable.
 6                     What's the basis of that,  scaleup
 7    neutral? Why are we declaring that neutral?
 8    Because for the vitrification technologies, there
 9    are instances where there have been applied
10    commercially, not in a radioactive environment, but
11    where there have been applied commercially at a
12    scale actually greater than what we think we need
13    here to get the job done in a timely fashion and
14    numerous instances where chemical stabilization has
15    been applied at a scale that we require here. But
16    since we did find in the real world applications of
17    vitrification where it had been done at the scale,
18    it was rated as neutral.
19                     Commercial demonstration,  and we have
20    judged there to be an advantage for chemical
21    stabilization there. As we've talked about in past
22    meetings, what we did was is did a survey of the
23    DOE complex, actually extended that to radioactive
24    waste treatment worldwide, and then also looked
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                                                         20
 1    across the range of SuperFund Records of Decisions,
 2    corrective actions under RCRA, and to a lesser
 3    extent remedial actions overseen by the Nuclear
 4    Regulatory Commission. There were a dramatically
 5    larger number of instances to where chemical
 6    stabilization had been applied. And a relatively
 7    small, and in some instances no applications of the
 8    vitrification technologies at the scale that we
 9    need in a radioactive environment.
10                     Now,  let me go back and repeat what I
11    said at the outset. There are a couple of famous
12    failures of chemical stabilization at the DOE
13    complex that people know about. This is not
14    suggesting that it's a slam dunk. It's simply
15    saying that when reviewed by literature, going
16    through the DOE complex, et cetera, there are a lot
17    more instances to where chemical stabilization has
18    been applied, applied in similar circumstances
19    successfully, which is something that the EPA
20    guidance does ask us to look at and does judge to
21    be a meaningful decision-making input.
22                     Operability is again a subcomponent
23    of implementability that we judged there to be an
24    advantage for chemical stabilization. Put simply,
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                                                         21
 1    if you look at the unit operations associated with
 2    chemical stabilization versus vitrification, there
 3    are fewer of them, and that it is our judgment,
 4    again looking with DOE, the regulators, with input
 5    from our vendors and independent review teams, that
 6    they are generally more easy to control. And in
 7    addition, there being fewer of them, that in a
 8    nutshell is really the quantifiable basis for
 9    saying that we think that chemical stabilization
10    technologies will be more readily implementable
11    based on the operability criteria.
12                     Something that we also mentioned
13    earlier is that while implementing these
14    technologies will be remote for standard
15    operations, in an upset condition or for routine
16    maintenance, that's going to be direct contact
17    where actually we have to send workers in there,
18    and we think because of the high temperature, high
19    voltage aspects of vitrification, it's going to be
20    more difficult to do in a safe, timely fashion
21    whatever we need to do to recover from an upset or
22    the routine maintenance on these things.
23                     To kind of back that up,  so to speak,
24    I had mentioned earlier that there's a
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                                                         22
 1    significantly larger number of operating hours
 2    required to implement remediation if we use
 3    vitrification versus stabilization, and I quoted a
 4    couple of numbers. To bring that back to this
 5    particular evaluation technology, the message here
 6    is that the more these things run with more unit
 7    operations, the more hours, the more time that
 8    these things have to go, it's our experience and we
 9    believe the experience of the DOE complex and
10    industry in general of these technologies that more
11    things happen. That's kind of common sense based
12    on any operation that we work with, the longer the
13    operation takes, the more likelihood that you will
14    encounter some kind of maintenance issues, some
15    kind of operability issue.
16                     The last balancing criteria is cost.
17    I mentioned at the outset that we did not view this
18    as discriminating, costs. That's not to say that
19    cost effectiveness is not important. In fact, it's
20    a statutory requirement that DOE only select, the
21    EPA only select remedies that are cost effective.
22    We're not saying that it's unimportant. What we're
23    saying is that when we did the cost estimating
24    based on the data that we had from industry, the
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                                                         23
 1    DOE complex, and our proof of principle testing,
 2    there was only about a 15, 16 percent difference.
 3    Within the range of accuracy of this stage of the
 4    CERCLA process, which is plus 50 percent minus 30,
 5    it was judged that that's just not a meaningful
 6    difference. So it wasn't a discriminator in this
 7    decision-making process. It is generally -- in
 8    fact, it is statutorily required that the remedy be
 9    demonstrated to be cost effective.
10                     This is a brief summary of what you
11    saw on the video with a little bit of information.
12    The reason we did it is because these are the
13    criteria that we're obligated to use under CERCLA
14    guidance, under EPA guidance to make decisions.
15    Hopefully it's nothing really new. I believe it
16    matches directly what we've talked about in the
17    past.
18                     That does conclude the presentation
19    that I've got. I think we're ready for Q&A, Gary.
20                     MR.  STEGNER:   I want to emphasize
21    that if you have questions that you want responded
22    to, now is the time to ask those questions. If
23    you've not received an answer to your question so
24    far tonight or in a previous meeting and you want
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                                                         24
 1    clarification on a matter, please raise those
 2    questions now. Again, we will not be responding to
 3    questions during the formal comment period.
 4    JoAnne.
 5                     MS.  WILSON:   My name is JoAnne
 6    Wilson,  and I live in Fairfield, Ohio. Can you
 7    tell us how long it is going to take to develop,
 8    build the containment buildings that will surround
 9    the silos that you'll use for either one of the
10    passages? What time frame are we looking at, and
11    is the money already funded for this part?
12                     MR.  STEGNER:   Yes,  we can answer
13    that, JoAnne.
14                     MR.  HAGEN:   We're pulling out a
15    slide right now to try to answer that question.
16    I'm not sure if this is what she asked, by the
17    way.
18                     For the alternatives that are being
19    considered in the FS, this is a breakdown of how
20    long we have estimated at this point in time, using
21    the data that's come back from the proof of
22    principle testing and also our review of
23    application of these technologies from around the
24    complex, you see roughly about 120 months.
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                                                         25
 1                     What this breaks down, the first --
 2    just to take these in order — the first block of
 3    time is how long we estimate that it will take to
 4    design the treatment technology fully,
 5    incorporating public involvement and regulatory
 6    review and approval. Then we move on to
 7    construction. That roughly takes a little over a
 8    year and a half for that design process. Moving on
 9    to construction, a similar amount of time, about a
10    year and a half. The next stage is once the system
11    is constructed, we don't go to operation until we
12    fully shake down, is my term, until we've
13    demonstrated that we know exactly how to operate
14    this thing right, safely, and efficiently. And
15    then the next stage is actual operations. Right
16    now we're showing that as three years. Our input
17    from vendors from both families is that if we've
18    got adequate funding, we can do it faster, either
19    by upping the capacity of the unit operations as
20    we've assumed in the FS or by adding additional
21    processing capability. The last parts of the
22    process are a little bit of contingency for
23    uncertainty, you know, everything doesn't always go
24    great, so we've added some contingencies with
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                                                         26
 1    scheduling. And, finally, safe shutdown of the
 2    facilities and disposal goes in a safe manner.
 3                     Where the difference is,  you know,
 4    it's a few months here and there, but primarily
 5    there was about five or six months advantage to the
 6    chemical stabilization technologies in the start-up
 7    phase and then a few months here and there, adding
 8    up to about a year of estimated schedule advantage
 9    for the chemical stabilization alternatives.
10                     Now,  that's the answer relative to
11    the alternatives that are under consideration for
12    treatment. I had interpreted your question to be
13    related to our advanced waste retrieval project in
14    taking it out of the existing silos and putting it
15    into a safe, homogenized configuration which
16    facilitates treatment and also improves upon the
17    stability of the storage configuration over what's
18    in the silos. So in case I interpreted that right,
19    Dennis, do you want to give a brief update on where
20    we're at on that.
21                     MR.  NIXON:   Yes. The state of the
22    art project is currently in design. The operations
23    are scheduled to begin March of 2001, and that
24    would complete in June of X02. So there would be,
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                                                         27
 1    that project would be completed by June of  X02.
 2                     MS.  WILSON: Of X02?
 3                     MR.  NIXON:  Yes.
 4                     MS.  WILSON:  That personally answers
 5    my question, but I guess what I'm really trying to
 6    get at from you is, there  is going to be a
 7    containment building of some nature built over the
 8    silos sites; is that not correct?
 9                     MR.  NIXON:  No,  that's not.
10                     MS.  WILSON:  Well,  the last time
11    when we had our meeting in November there was a
12    concern over when you opened up the silos, and I
13    believe you stated at that time that there would be
14    some type of, and I call it a containment building,
15    you perhaps have another word for it, which would
16    go over the site so that when the silos are opened
17    and the escaping gases, et cetera, would be
18    collected, and I believe you showed several slides
19    showing how the air would be sucked up and treated.
20    So those buildings that -- First of all, what do
21    you — I'm assuming they would be the same for
22    either project since you would have to open the
23    silos for either.
24                     MS.  AKGUNDUZ:   I'll take that,
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                                                         28
 1    JoAnne.  What you are referring to is the auxiliary
 2    waste retrieval project we have. The structure
 3    that you saw from the past meeting is probably the
 4    gantry type of thing that's built over the silos to
 5    facilitate the deploying the retrieval equipment
 6    through the hole top of the silo. Now, in order to
 7    retrieve the material, we do have to have a radon
 8    control system in operations.  The radon control
 9    system building is not on top of the silo. It's
10    adjacent to the tanks that we're going to be
11    building that the material is going to be
12    transferred into.
13                     MS.  WILSON:   So there will be
14    actually nothing over either of the silos?
15                     MS.  AKGUNDUZ:   Only the equipment
16    room and the structure that is going to support the
17    equipment room.
18                     MR.  SCHNEIDER:   There's a
19    containment structure around the breach -- I think
20    your question, the answer to your question is, yes,
21    there is a containment structure over the breach in
22    the silos.
23                     MS.  WILSON:   That's what I thought
24    from the last meeting that there was going to be
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 1    that, and that is already scheduled, you said it's
 2    already being worked on?
 3                     MR. NIXON:   Right,  it's being done
 4    right now.
 5                     MS. AKGUNDUZ:  March 2001 is when
 6    the radon control system will be starting to
 7    operate. It won't be the time -- when we actually
 8    start retrieving the waste out of the silos will be
 9    in the year 2002.
10                     MS. WILSON:   But you have plans for
11    some type of -- I still say a building, whether
12    it's here or there -- and then along with that
13    process, then, you have also scheduled or are
14    designing or have designed the specialized storage
15    barrels, containers —
16                     MR. SCHNEIDER:   Tanks.
17                     MS. WILSON:  —  That the material
18    from the silos will go into as a precautionary
19    measure and will wait there until the other
20    material process is chosen to process that; is that
21    correct?
22                     MS. AKGUNDUZ:  That's correct.
23                     MS. WILSON:   And these are already
24    funded?
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 1                     MS. AKGUNDUZ:  We are — The way the
 2    funds, the funding works is that we are annually
 3    funded. Now, these are budgeted; all the scope is
 4    budgeted.
 5                     MS. WILSON:  They're in the budget?
 6                     MS. AKGUNDUZ:  Yes,  they're in the
 7    budget.
 8                     MS. WILSON:  That's probably the
 9    word then. And you anticipate the containment
10    affair and the containers would be available then
11    or would be ready to go by 2002, is that your —
12                     MS. AKGUNDUZ:  Yes.  Material will
13    be, yes, it will be starting, we will be starting
14    to retrieve the material out of the silos in 2002.
15                     MS. WILSON:  Is there any difference
16    in these things for either of the methods that are
17    going to be used?
18                     MS. AKGUNDUZ:  No.
19                     MS. WILSON:  Thank you.
20                     MR. STEGNER:  Pam and then Edwa.
21                     MS. DUNN:   I just have a couple of
22    quick questions. On your cost comparison, Gary, is
23    transportation part of the waste disposal cost or
24    is transportation cost not reflected in this?
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 1                     MR. HAGEN:  It's part of the
 2    transportation disposal costs, right?
 3                     UNIDENTIFIED SPEAKER:  Yes.
 4                     MR. HAGEN:  The answer is yes, it is
 5    incorporated into the total cost, and it's
 6    reflected into the disposal cost estimate.
 7                     MS. DUNN:  Is also the cost to
 8    dispose it that you have to pay the test site part
 9    of that number too, or is that mostly
10    transportation?
11                     UNIDENTIFIED SPEAKER:  Most of that
12    is transportation, most of the disposal cost is
13    transportation.
14                     MR. HAGEN:  It does include the tip
15    entry at the site as well.
16                     MS. DUNN:  On the alternatives or
17    your implementability where you talk about your
18    commercial, did you look at commercial uses outside
19    of the US as well as within?
20                     MR. HAGEN:  Yes.
21                     MS. DUNN:  There is some success for
22    it outside the US?
23                     MR. HAGEN:  Yes, we did. And that's
24    also within -- As an appendix to the FS, we present
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 1    the results of that survey, and it does
 2    specifically mention which international
 3    applications we found — well, we focused on it
 4    internationally, but we do include every instance
 5    to where we applied it internationally, and that's
 6    an attachment, an appendix to the FS.
 7                     MS. YOCUM:  I just need some
 8    clarification. On chemical stabilization CHEMl, is
 9    there a wastewater treatment included in that
10    also? I see it mentioned only in CHEM2.
11                     MR. NIXON:  Yes,  they both have
12    treatment prior to transfer.
13                     MS. YOCUM:  Okay,  then why isn't one
14    mentioned in CHEMl? I mean, it would be easier
15    than me having to ask the question over and over.
16                     MR. NIXON:  Right. The vendor in
17    the proof of principle testing felt that they could
18    treat the wastewater at the pump filter press
19    would be clean enough to meet the advance
20    wastewater treatment facility acceptance criteria.
21    But if it doesn't — that's in the text of the
22    document -- it's stated if they can't meet that,
23    then a wastewater treatment plant would be
24    provided. It was not required for this, for that
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 1    treatment technology because they were able to
 2    demonstrate that in their testing.
 3                     MR. HAGEN:   One of the things that
 4    we will do during the design phase is require
 5    additional testing to document conclusively that
 6    they meet it or they can't.
 7                     MS. YOCUM:   That was going to be my
 8    next question, how are you going to make sure you
 9    can meet that?
10                     MR. NIXON:   We're going to give them
11    the future contract, and they will have a very
12    strict waste acceptance criteria for a wastewater
13    treatment facility that they will have to meet. As
14    I said, in this case the vendor was able to meet
15    the criteria without further treatment, but if
16    that's not the case, then they would have to comply
17    with that.
18                     MS. CRAWFORD:   Do the costs over and
19    above that, are those reflected in your cost
20    estimates if they have to go forward and use the
21    wastewater treatment facility?
22                     MR. HAGEN:   No.
23                     MS. CRAWFORD:   I think you should go
24    back and add that number in because if that's the
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 1    case, if you're using wastewater in CHEM2 and
 2    probably 1, if they can't meet the WAC, then common
 3    sense would tell us the cost estimates are not
 4    correct if you've not factored in the extra costs
 5    for the wastewater treatment facility. Which is
 6    going to probably bring them neck and neck.
 7                     MR.  NIXON:   Well,  I can't — it's
 8    difficult to address that. We have what we call
 9    operational risk dollars in the cost estimates that
10    is for things of that nature. In the event that
11    the vendor proposal would include wastewater
12    treatment because of the process they are
13    providing, then that would be covered under
14    operational risk at that time. There was about a
15    16 percent difference, between CHEM and VIT, which
16    is a fairly significant number in a wastewater
17    treatment plan of this kind. It would be
18    relatively inexpensive.
19                     MR.  HAGEN:   These guys always love
20    it when I make these commitments for them, but one
21    thing we can do in the responsiveness summary is do
22    a specific evaluation and document how many dollars
23    would go along with adding a treatment facility,
24    number one, and then make a conclusion as to
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 1    whether it changes the fundamental evaluation,
 2    which is that it's an important but not a
 3    discriminating decision-making factor. So we can
 4    do that.
 5                     MS.  CRAWFORD:  We ask for those
 6    things because too many times, as you all well
 7    know, we get down the pike and all of a sudden it's
 8    like, oh, well, we forgot this and we need to add
 9    that, and it,'s a little more money here and a
10    little more money there, and then in the long run
11    you haven't saved a whole hell of a lot of money.
12    So I would encourage you to do that.
13                     MR.  HAGEN:   Okay.
14                     MR.  STEGNER:   Sir.
15                     MR.  DAVIS:   I'm Doug Davis from
16    Toledo Engineering. When these materials, treated
17    materials arrive at NTS, what is the time period
18    which you estimate they will require the attention
19    and the maintenance of this test site?
20                     MR.  HAGEN:   Let me answer it this
21    way:  One of the things that we've got to do to be
22    able to get these materials in to the ground for
23    permanent disposal at the test site is pass a
24    performance assessment. The life assumed, the life
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 1    of disposal assumed in that assessment is 10,000
 2    years. So we've got to have a quantitative
 3    demonstration that this will remain — this
 4    alternative, if implemented, with either waste form
 5    going into the ground at Nevada will remain its
 6    protectiveness for at least 10,000 years, and that
 7    really, I think it starts to drive some of the --
 8    What that means is that direct intrusion scenarios
 9    tend to drive that risk assessment, but we have
10    been working with the Nevada Test Site and have
11    information from them based on specific evaluation
12    of the untreated waste form for starters, and then
13    secondly what our current estimates of what the
14    characteristics of the treated waste form would be,
15    and both would meet the performance assessment
16    requirements based on a 10,000 year life
17    evaluation.
18                     MS.  WILSON:  What I was asking
19    before, how long do you estimate that the
20    materials, the silo materials will remain in the
21    special containers before either one of the
22    treatments begin?
23                     MR.  NIXON:   Treatment is scheduled
24    to begin in June of X06 for this process. That's
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 1    our current based on schedule.
 2                     MS. WILSON:  For either one?
 3                     MR. NIXON:  That's correct, for
 4    either technology.
 5                     MS. WILSON:  The building will be in
 6    place and it will already be operational by  X06?
 7                     MR. NIXON:  Right.
 8                     MS. WILSON:  And these containers
 9    are — will be especially built to hold the residue
10    as it now is?
11                     MR. NIXON:  They're actually tanks.
12    They're steel tanks, and there's shielding, there's
13    a containment around those tanks of concrete.
14                     MS. WILSON:  A concrete protection?
15                     MR. NIXON:  Right.
16                     MR. STEGNER:  Edwa.
17                     MS. YOCUM:  I have one more. This
18    is always a concern to me, is if NTS closes the
19    gates, what happens to this waste, the silo waste,
20    where will it be disposed?
21                     MR. HAGEN:  That's not an easy
22    question to answer. The one thing, though, that is
23    clear if you look across the Records of Decision
24    for Fernald, it can't go here. It's not even close
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 1    to meeting the waste acceptance criteria for an
 2    on-site disposal facility. So while I don't have a
 3    good answer for you, there's nothing that we've
 4    agreed to together that says it can go to Fernald.
 5                     MR. STEGNER:  Okay. Let's take a
 6    short break.
 7                     MR. HAGEN:  There's another
 8    question.
 9                     MR. STEGNER: I'm sorry,  go ahead.
10                     MR. DAVIS:  This will be a very
11    short one. With the materials going to NTS, when
12    the consideration was being made for high level
13    radioactive waste, and I know the materials are
14    significantly different, but the part of the
15    scenario was always the "what if" game played out
16    formally which said, let us assume that the
17    infrastructure to maintain this is gone,  and for
18    10,000 years that may be a reasonable assumption,
19    and so for these materials it was always driven
20    very strongly toward the most durable treatment,
21    you know, not depending on the container. So I was
22    curious if this kind of consideration came up in
23    your discussion?
24                     MR. BECKMAN:  As part of the PA
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 1    process, we look at inadvertent scenarios, what
 2    happens if somebody built a form on top of a waste
 3    cell and sinks its well through the disposal. The
 4    container brings the stuff up to the surface and
 5    eats it.
 6                     MR.  HAGEN:   And they also considered
 7    the untreated waste form, right, Steve?
 8                     MR.  BECKMAN:   Right. They don't
 9    take credit for the waste form.
10                     MR.  STEGNER:   Jerry.
11                     MR.  GELS:  I had a question about
12    the comparative analysis summary. Is the analysis
13    of the treatment technology or the combination of
14    the treatment technology and the burial or ultimate
15    disposal together?
16                     MR.  BECKMAN:   It's together.
17                     MR.  HAGEN:   It's together,  right.
18                     MR.  GELS:  It's together, that's
19    what I assumed. So, if you wanted to increase your
20    number, you just bury it deeper or in a drier
21    location? That may be — we're looking at the NTS.
22                     MR.  HAGEN:   Yes. Particularly as it
23    relates to the radon flux. The depth of burial is
24    an issue there and, yes, it's one of the ways to
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                                                         40
 1    address that issue. But it does include the entire
 2    combination of treatment and disposal.
 3                     MR. GELS:   Okay,  one question I had
 4    then was with your long-term evaluation for
 5    effectiveness and permanence. The neutral decision
 6    goes against everything I've heard before about
 7    vitrification versus a cement kind of a product,
 8    especially as you point out that 10,000 year
 9    scenario, we're talking about — I don't know of
10    any — I mean, we found glass materials near
11    volcanoes that have lasted that long, yes, but I've
12    never seen anything that has shown that a cement or
13    concrete product can last 10,000 years.
14                     MR. HAGEN:   A couple of things. One
15    is that for chemical stabilization, the
16    immobilization of the lead is not through a
17    physical form like you see in concrete blocks in
18    the building down the road. It's actually the
19    chemical reaction that takes place between the
20    pozzolan type additive and the lead itself. In
21    fact, the test that EPA requires to demonstrate,
22    called TCLP, I forget what the letters stand for,
23    actually grinds the material up, the vitrified
24    material, the stabilized material, chemically
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                                                         41
 1    stabilized material. So the physical form of the
 2    waste is not really what drives the protectiveness,
 3    particularly for chemical stabilization, that
 4    chemical reaction. So that's the first thing. If
 5    there is degradation of the physical consolidated
 6    waste form, it doesn't mean that you're losing the
 7    immobilization contamination.
 8                     Secondly,  and, you know,  this is a
 9    statement that we always say respectfully and
10    carefully in Nevada, but given where it is, it is
11    going in fact into a hole created by an explosion
12    of a nuclear weapon, and with the background and
13    other contamination that is in place, the
14    meaningful difference between what we're putting
15    there compared to what is already there and the
16    degree of impact to the environment is just not, in
17    our mind, this is our conclusion, not forcing it on
18    anybody else, especially the citizens of Nevada,
19    but it's just not a meaningful difference. And, by
20    the way, we haven't gotten, you know, that's
21    generally been accepted by the people in Nevada.
22    So that's why we say it's neutral.
23                     Is there some basis for saying
24    they're different? Yes. Is it a meaningful
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 1    difference in our mind considering that they both
 2    achieve the remedial action objective and that the
 3    protection for that achievement of the remedial
 4    action objective isn't dependent on the physical
 5    form of the waste, it's the chemical processes that
 6    take place. We don't think there's enough of a
 7    difference to say there's an advantage in one
 8    direction or another. That's the basis of us
 9    calling it neutral.
10                     MR.  GELS:  I don't necessarily
11    disagree with you on the basis of lead and radon,
12    but you've not mentioned radium in this. Was that
13    evaluated, radium 226 as part of the leachate,
14    leachability?
15                     MR.  HAGEN:   Yeah,  it was evaluated.
16    It was not judged to be — It is a contaminant of
17    concern, yes, requiring, you know,  us to do
18    something from a risk assessment perspective. If
19    you look at what drove the requirement for
20    treatment, that was not a contaminant that required
21    treatment. It was actually just the lead. The
22    second — and I'm talking from a regulatory
23    perspective. Different stakeholders can have
24    different perceptions, and we respect that, but
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 1    from a regulatory perspective, the only thing that
 2    drove the treatment was the lead and the fact that
 3    it is present at leachable concentrations above the
 4    RCRA thresholds. That's why we focused on lead and
 5    radon, because they both have ARARs that tend to
 6    drive the acceptability of disposal as opposed to
 7    radium.
 8                     MR. BECKMAN:   But that's looked at
 9    in the PA.
10                     MR. STEGNER:   Sir,  you had a
11    question?
12                     UNIDENTIFIED SPEAKER:   I'm trying to
13    determine which is better, is CHEMl better than
14    CHEM2 or vice versa?
15                     MR. HAGEN:  Well,  what we're going
16    to do if ultimately chemical stabilization is
17    selected is not specify any one iteration of
18    chemical stabilization. What we're going to do is
19    require that the successful offerer provide a
20    technology that uses chemical stabilization, but
21    then let the competitive market give us the best
22    version as it applies for these specific wastes.
23    We're not really trying to say that we know enough
24    that one iteration is better.
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 1                     The reason is because we selected two
 2    representative technologies. There are 20 or 30
 3    other different ways to do it out there, and we
 4    don't want to make the conclusion that one is
 5    better than B because it might produce a false path
 6    forward. Okay. We want the best application of
 7    chemical stabilization possible out there, the most
 8    timely and to a lesser extent cost effective
 9    application to come out of a competitive process.
10    That's why we've stayed away from conclusions like
11    which of the two representative technologies are
12    better.
13                     UNIDENTIFIED SPEAKER:  Well,  it
14    looks like vitrification is dead from everything
15    that I've read, and we just ought to forget about
16    that and concentrate now on the chemical
17    stabilization.
18                     MR. HAGEN:  Well,  we propose
19    chemical.
20                     UNIDENTIFIED SPEAKER:  We still
21    don't know which chemical stabilization is better.
22    So it sounds like you really haven't done your job
23    at this point.
24                     MR. HAGEN:  Let me go back and say
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 1    what I've just said again, and that is that, well,
 2    first, we are proposing chemical stabilization as
 3    the technology family. It doesn't mean
 4    vitrification is dead, that's why we're here
 5    tonight, to get public input. Let's just suppose
 6    hypothetically that we do go forward with chemical
 7    stabilization. What we're saying is that there are
 8    a lot of different ways to implement chemical
 9    stabilization that are consistent with the way we
10    define the technology and what a successful vendor
11    would have to offer. We don't want to get into the
12    situation to where we artificially limit the best
13    way to do it by only comparing two or three or four
14    vendors. We want to let the competitive market
15    with people that have demonstrated success with
16    their particular version of the technology come and
17    give us the best application. So we want to stay
18    away from that.
19                     UNIDENTIFIED SPEAKER:   Okay.  We're
20    still in the very early process then of selecting
21    the best method?
22                     MR. HAGEN:   The final vendor.
23                     UNIDENTIFIED SPEAKER:   Okay.
24    Reading this material here it looks like you've
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                                                         46
 1    done the survey, you know, and you've decided on
 2    CHEMl or CHEM2 and you know exactly what goes into
 3    that, one has fly ash and the other one doesn't,
 4    and so forth and so on, but you may go to something
 5    completely different from what you've got here?
 6                     MR.HAGEN:  Not completely
 7    different. It still has to fundamentally be a
 8    chemical stabilization technology where you've got
 9    to immobilize the lead to RCRA standards using a
10    chemical process that achieves that reduction in
11    mobility through that chemical reaction. So it's
12    not just anything; it's got to be within that
13    technology family, and again, I know I'm repeating
14    myself, what we want is the best application that's
15    available out there in the competitive market from
16    vendors that have demonstrated the ability to do it
17    right.
18                     UNIDENTIFIED SPEAKER:  Okay. So in
19    this comment period what are the citizens supposed
20    to do? You haven't really decided the best method
21    yet. What are the citizens supposed to say,
22    vitrification, we don't want that, we want CHEMl
23    and CHEM2, but of the CHEMl and CHEM2,  we don't
24    know what the best solution is?
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 1                     MR. HAGEN:  We're not attempting, I
 2    apologize, I know I'm not being clear, we're not
 3    attempting to make a decision or ask you to decide
 4    between CHEMl and CHEM2. We're asking you to give
 5    whatever input you want to give, including if you
 6    think we have more work to do, tell us that, but
 7    what we are specifically asking right now is based
 8    on the comparative analysis, that the family of
 9    vitrification compared to the family of chemical
10    stabilization, we are proposing chemical
11    stabilization. We want to know what you think of
12    that. I'm not going to tell you how to comment.
13    If you think that there needs to be more public
14    involvement, which there will be, in how we get to
15    the final answer, if you've got particular thoughts
16    on how that public involvement should be
17    structured, what decision points based on what data
18    you want, please comment. But first and foremost,
19    we're asking people to react to our proposal to
20    select some application of chemical stabilization
21    family.
22                     UNIDENTIFIED SPEAKER:  I see,  okay,
23    as opposed to vitrification.
24                     MR. HAGEN:  Yes.
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 1                     MR. STEGNER:  We'll take two more,
 2    you and you.
 3                     UNIDENTIFIED SPEAKER:  I was going
 4    to point out for Jerry, he talked about a city in
 5    which the volcanic glass being nationally available
 6    and have had long age, cementatious rocks are the
 7    same. There's all kind of cementatious rocks,
 8    including limestone and sandstones, that have been
 9    around for millions of years. So I think you can
10    make that same comparison that way.
11                     The other thing, Terry,  you guys have
12    also looked at the radioactive decay of this
13    material. I know lead was the driving factor, but
14    in terms of where it's going into the Nevada Test.
15    Site, I think from a radioactive standpoint, due to
16    the decay, you don't need 10,000 years to protect
17    this material, do you?
18                     UNIDENTIFIED SPEAKER:  Sure do.
19    It's there for the term.
20                     MR. SCHNEIDER:   It's not going to
21    get any less radioactive.
22                     UNIDENTIFIED SPEAKER:  In 10,000
23    years you'll have six half lives of radium 226, so
24    it should decrease, total activity of the radium
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 1    should decrease by l/60th.
 2                     MR.  GELS:  More than that.
 3                     MR.  STEGNER:  JoAnne.
 4                     MS.  WILSON:  This brings up a point
 5    that the gentleman brought up here, when you were
 6    preparing the plans for either method,  I believe
 7    you said that you consulted with various companies
 8    that were both familiar with and competent,
 9    appeared to be competent in handling this. Was it
10    from these people — Was it from these people that
11    you got the general plan for each one of these?
12                     MR.  HAGEN:  The answer is
13    generically, yes. We mentioned that we conducted
14    proof of principle tests using two representative
15    applications of each technology family. We went
16    out competitively and procured the services of four
17    different companies to go do 72-hour test run for
18    each of the technologies. That is the primary
19    basis of the data that we used to develop the
20    alternatives in the FS.  That was not the exclusive
21    basis.
22                     We also went to other  places where
23    it's been done in the DOE complex, talked to them.
24    Did literature reviews,  and also used some of our
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 1    own experience at Fernald because we have
 2    successfully implemented chemical stabilization, on
 3    a smaller scale, and we've also gotten experience
 4    through the melter, for better or for worse, with
 5    vitrification. But having said that, we didn't
 6    bias anything with our experience. The primary
 7    basis of information was the data from the proof of
 8    principles testing.
 9                     MS.  WILSON:   Would these same
10    companies then be considered as possible vendors?
11                     MR.  HAGEN:   The answer is that any
12    vendor, let's suppose hypothetically it's chemical
13    stabilization, any vendor that can demonstrate
14    qualifications with that particular technology will
15    have an opportunity to bid on the final job.
16    Conversely, if for some reason it changes to
17    vitrification, the same thing applies. Any company
18    that can demonstrate capabilities with that
19    technology will have the opportunity to propose.
20                     MS.  WILSON:   But I think you also
21    then said that when you chose a vendor, it could
22    quite possibly be up to that vendor to decide how
23    they were going to process material, and it could
24    be a third, fourth or fifth version of say the
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 1    chemical stabilization.
 2                     MR. HAGEN:  All within the general,
 3    all within the general family, which, a dramatic
 4    oversimplification, means you take the material,
 5    you add some kind of pozzolanic agent, sometimes
 6    it's as simple as a cement derivative, sometimes
 7    there are companies that have their own proprietary
 8    twist, but in all instances it is the addition of
 9    some chemical agent that causes a chemical reaction
10    with your constituents of concern to achieve the
11    remedial action objective. So any offerer has got
12    to be bringing something to the party that works
13    within those constraints.
14                     Where are the opportunities for
15    differences? It's slight differences in the
16    additive. As I said, different companies have
17    their own version of the pozzolanic additive that
18    may work better or worse for certain applications
19    that would have to be demonstrated. They also
20    might have what are fairly minor differences in the
21    way it's mixed, for instance, off-loaded -- I'm
22    sorry, taken out of the mixing agent. In other
23    words, process modifications but the same basic
24    technology.
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 1                     MS. WILSON:  But at the same time
 2    you couldn't be sure that the results would be the
 3    same as what you were saying in these two
 4    alternative chemical stabilization methods?
 5                     MR. HAGEN:   No,  that's right. I
 6    think there's a strong basis of confidence that we
 7    would achieve the remedial action objectives.
 8    Would there be differences in the treated waste
 9    form? There might be slight differences in the
10    leachability rate.  In all instances they have to
11    meet the lead leachability standard. And there
12    might be slight differences in the radon
13    attenuation reduction because of a particular
14    chemical or additive that they use. It also might
15    result in differences in the volume; rather than,
16    you know, three times, it might be two and a half
17    times more, or it could be three and a half times
18    more. I don't see it getting much out of that
19    envelope. But, yeah, there are going to be
20    differences, but the bottom line won't change, and
21    that is it's going  to be a chemical reduction
22    process that has to meet certain specified
23    performance requirements as designated in the ROD,
24    most notably around this reduction of leachability
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 1    of the RCRA constituents. Those are going to be
 2    absolutes.
 3                     MS. WILSON: Okay, thank you.
 4                     MR. STEGNER:  Let's take a break,
 5    and we will set up for the  formal public comments.
 6                     MS. CRAWFORD:  Can we take like a
 7    really short one because some of us need to leave?
 8                     MR. STEGNER:  Yeah, we're going to
 9    take five minutes, Lisa.
10                                             (Brief  recess.)
11                     MR. STEGNER:  All right, this will
12    begin the formal public comment portion of the
13    evening, the public hearing.  I want to restate
14    that we will be doing this  in Nevada next week, for
15    the stakeholders at the Nevada Test Site.
16                     What we ask you to do is either raise
17    your hand, step up to the microphone, otherwise ask
18    to be recognized this evening. When you begin
19    speaking, we ask that you state your name clearly,
20    simply because this is being  taken down for the
21    record.
22                     If you have any written materials
23    that you want to submit this  evening, you can also
24    give those to me at that time. If not, those can
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 1    be sent in separately. As I say, this is being
 2    transcribed, so what you say will be an the record
 3    anyhow.
 4                     The comments,  questions that we have
 5    here tonight will be compiled into a responsiveness
 6    summary, and that will be provided to everyone who
 7    has signed in here tonight. We will also put a
 8    copy of that in the Public Environmental
 9    Information Center as soon as it is ready, and that
10    will probably be within two to three weeks after
11    the end of the public comment period, which again
12    ends on May 18th. With that, we would ask that
13    whoever wants to speak — I think, Lisa, you had
14    asked to speak early, so please proceed.
15                     MS. CRAWFORD:   I need to leave right
16    away.
17                     MR. STEGNER:   I understand.
18                     MS. CRAWFORD:   Quickly, you've all
19    heard my comments on many other occasions, but to
20    kind of put them in a nutshell tonight is I just
21    want to say that we live in a society of less is
22    better, as we all know, and reduce, reuse, recycle
23    are terms that are stressed at every turn these
24    days. So with that, three times the waste load is
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 1    a little bit mind boggling for me, and it's a
 2    little hard for me to comprehend, and the fact that
 3    we are sending three times the amount of waste to
 4    somebody else's backyard seems a little bit unfair,
 5    and it really seems technologically wrong to me.
 6    Three times the amount of waste also equals three
 7    times the amount of shipments in trucks and, again,
 8    those shipments will be traveling on highways and
 9    byways across this country.
10                     The waste form in a cement waste
11    form, and I call it solidification, it's cement,
12    sorry, but that's what it is, is not near as
13    protective, in my opinion, as vitrification is.
14    I've not seen a tremendous difference in the cost
15    values. They pretty much look the same to me. I
16    think when we add in some of the possible advance
17    wastewater treatment facility activities, that
18    could possibly bring them in line together.
19                     Some of us have seen and heard the
20    horror stories from around the DOE complexes on the
21    cement issues, and they're not pretty. They can
22    tell me some work, and that's fine, but I've also
23    seen some that don't work, so that's a little scary
24    for us.
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 1                     The last thing I want to add is if
 2    chemical stabilization is chosen, which it pretty
 3    much seems like that's what it's going to be, that
 4    I want to encourage everybody involved here that
 5    you look very, very hard for ways to lower the
 6    waste volumes and to possibly lower those truck
 7    shipments. There's new technologies at every turn.
 8    every time you turn around there's a new technology
 9    out there and old technologies are made better and
10    better, and we would just encourage you to be very
11    watchful of the new technologies as they come down
12    the pike. And that's it.
13                     MR. STEGNER:   Thank you. JoAnne.
14                     MS. WILSON:   My name is JoAnne
15    Wilson. I'm from Fairfield, Ohio, and I would like
16    to make the following comments.
17                     Some of this  will go back to 1995,
18    because I think there are many people in this room
19    who were at meetings at that time, and I think it's
20    very, very important that you realize some of the
21    advances that have been made since that time. In
22    1995, when it was announced that there was all this
23    radium in the silos, and many scientists and
24    doctors came to see collectively what might be done
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 1    to preserve this for medical research. However, at
 2    that time this was just a — it was just talk as to
 3    what was possible.
 4                     I would like to be able to report
 5    today in 2000 that Dr.David Scheinberg, who was
 6    here at that time and announced a new method of
 7    treatment and possible cure, it will take time to
 8    see whether it's an absolute cure, of using one of
 9    the isotopes that would come from radium, namely
10    bismuth 213, married or connected with an antibody
11    which will target a specific type of leukemia or
12    non-Hodgkin's lymphoma and will carry this tiny
13    Alpha-admitting particle to the cancer cell and
14    will kill it wherever it is in the body. If it has
15    traveled from the site, it will get it. They're
16    called smart bullets, and they have a seek and
17    destroy ability.
18                     The reason I bring this up is that
19    the Sloan Kettering Memorial Institute, Cancer
20    Institute, has been conducting since 1995 various
21    trials, I believe they're at least in phase two,
22    they may be going into phase three. The bismuth
23    213 has proved to be an excellent cancer killer.
24    It has mated with a number of these antibodies, and
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 1    it is treating people who are desperately ill with
 2    this. Dr. Scheinberg, whom I have spoken with, has
 3    chosen the sickest of the patients to treat. Both
 4    of these diseases are hard to treat, and he has
 5    figured if he can treat and possibly cure these
 6    people, then people who are lesser sick can also
 7    benefit.
 8                     This is not the only type of cancer
 9    that is being treated. The only reason I bring
10    this up so strongly is Dr. Scheinberg was here.
11    There's been nothing in the paper as to how
12    successful this has been. There are other people
13    who are working with medical isotopes in the same
14    manner using specific isotopes, and they are
15    working on treatment of ovarian cancer, prostate
16    cancer, lung cancer, brain cancer, and some other
17    noncancerous things such as heart and even the
18    possibility of AIDS treatment. This is a new type
19    of thing. Instead of irradiating the body with
20    radioactive material, you send bits and pieces in.
21    The body is subjected to less, much less trauma,
22    there's no hair loss, there's no nausea, it can
23    even be treated on an outpatient basis.
24                     The reason that I bring this up,  too,
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 1    is because contained in the radium which is in the
 2    two silos are two very important isotopes, medical
 3    isotopes which are in short supply and of which the
 4    radium which we have here is the largest known
 5    supply all over the world. Bismuth 213 and
 6    actinium 225 are both very, very valuable, and I
 7    would like to speak on the alternative of trying to
 8    preserve this radium. Both of these methods, the
 9    vitrification and the chemical stabilization, will
10    put this 10 pounds of radium out of use of the
11    medical community. It will be gone, it cannot be
12    used. Some people say that you can take the glass
13    capsules, crush them down and treat them. The
14    cost, from what I've been able to gather, would be
15    extremely prohibitive. The same way, I think the
16    chemical stabilization is even worse in possible
17    retrieval later on, if at all.
18                     I think that the radium here is
19    extremely valuable. I think your presentations
20    tonight have been very, very good and they
21    certainly have been honest ones in that there is no
22    real easy way to treat this material. We wish that
23    there was. Each one of them has a, its own
24    problems, complications, uncertainties I think you
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 1    were careful to point out, and I think that honesty
 2    is good to see.
 3                     I have,  and I've come to this meeting
 4    with an alternative, which I have discussed with
 5    other people in the DOE,  with scientists out in
 6    Hanford, as a method of removing this material
 7    completely from the neighborhood in a much less
 8    complicated manner, and I would like the DOE and
 9    the EPA and all the other involved agencies to
10    consider this. The biggest problem we have is
11    getting it out and my proposal is this:  That the
12    contents of the silos be removed as they are with
13    no treatment here, and that in the process or
14    before this, of course, that some agency, some
15    site, some commercial company be either given or
16    sold this, however to take it out of our hands.
17                     There are many companies in this
18    country and in Canada that are very competent in
19    processing radioactive material. They do it all
20    the time. They separate different things out.
21    It's no big deal to them. If this material could
22    be disposed of to such an entity, and I'm not
23    saying that they would be easy to find, I am
24    suggesting that we would, for example, try an
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 1    entity in Canada. A number of years ago there was
 2    a company called, I believe it was Rioalto —
 3    Rioalgum, that's correct, who was interested in the
 4    material, and as I understand it, they did the
 5    problem with them is that they didn't have any
 6    method of final disposal of the waste product after
 7    they had taken the radium out. I think someone
 8    said that they were just going to dump it
 9    somewhere, if I remember. If we were able to give,
10    sell, dispose of the material in Canada, for
11    example, and I use Canada because there's a lot of
12    uranium mining being done there, and they know how
13    to care for and process radioactive material, it's
14    no big deal, it's their living. They could decide
15    on the method of separating put the radium from the
16    barium sulfate which is contained in this. If you
17    have to process it, barium sulfate is taken out and
18    then that has to be processed in order to get the
19    radium salts. But once this is done, the material,
20    the residue, the radium can go to a reactor and can
21    be changed into many, many valuable isotopes,
22    medical isotopes, and I stress that. This whole
23    area is just beginning, and I think we would be
24    proud, extremely proud if we could be the source of
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 1    saving lives of people with various types of
 2    cancer.
 3                     It may seem like an odd proposal, and
 4    I realize that, but our biggest problem here is to
 5    get rid of the material in the silos. And I know
 6    that there are places that could take it. It's
 7    just a question of working with -- finding them and
 8    working with them. Perhaps it sounds too simple.
 9    What we've heard has been very complicated, very
10    interesting, but very complicated.
11                     So I offer this proposal.  I am at
12    this time talking with different people, different
13    mining companies to find their interest, see if
14    there is any. However, I do not believe and, Gary,
15    correct me if you have any different information, I
16    do not believe at this time that the DOE has put
17    out any type of requests for comments or proposals
18    to, for this type of treatment or disposal of the
19    material.
20                     I would also like to end this by
21    saying that the Department of Energy as well as
22    its — what is it called here — its Isotope
23    Production and Distribution Division has funded a
24    great deal of money into Dr. Scheinberg's clinical
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 1    trials and in his work, and so the DOE must have
 2    some confidence in what he's doing that is being a
 3    great contribution to cancer treatments. I would
 4    offer the alternative, and I would also think that
 5    we should keep in mind what a valuable amount of
 6    radium that we had. If we send it to Nevada, it's
 7    gone forever, and people with lymphomas, leukemias,
 8    non-Hodgkin's disease, for example, and if you
 9    remember, this is what King Hussein, Jacqueline
10    Kennedy, and Tom Landry of the Dallas Cowboys all
11    died of, and I think that we should use this
12    radium, find a way to use it and keep it and not
13    dump it. Thank you very much.
14                     MR.  STEGNER:  Thank you,  JoAnne.
15                     MS.  SCHROER:  My name is Carol
16    Schroer, and if what I'm going to read makes no
17    sense to everybody, it's because I haven't been
18    able to hear very well tonight.
19                     We knew the silos would be a big part
20    of the Fernald cleanup, and we knew they would be a
21    real challenge. And when vitrification was
22    suggested, it seemed to be our answer to the low
23    volume storage plus the transportation. But when
24    the VIT pilot plant ran into major problems, like
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 1    square fittings into round holes, I knew we were in
 2    trouble. I still know in my heart that to vitrify
 3    is really the best way to go, but we must move on
 4    and we must get to the silos and get them taken
 5    care of, and my one prayer is that it be done with
 6    every precaution and that it be done correctly. We
 7    live here, and we want to be sure that we're still
 8    here when the silos aren't.
 9                     MR.  STEGNER:  Thank you,  Carol.
10                     MS.  YOCUM:  I'm Edwa Yocum, and as a
11    resident living one and a half miles south of the
12    Fernald site, which is also a disposal and storage
13    site, and it contaminated the environment, I really
14    prefer the vitrification process for its reduction
15    of the toxicity, the mobility, and the low volume
16    of treated waste and less volume for shipping. But
17    when I think about the workers and their safety,  I
18    have to select chemical stabilization. Because,
19    yes, it's easier possibly to implement than what
20    vitrification is right at this time, but who knows
21    what can happen to the vitrification technology in
22    another four years. But still we must move on and
23    get this job done. So I will accept chemical
24    stabilization, but also I would like to add too,  as
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 1    treated silos 1 and 2 waste must not remain on the
 2    Fernald site or be placed in the on-site disposal
 3    facility if NTS's doors close, Thank you.
 4                     MR.  STEGNER:  Anyone else?
 5                     MR.  DAVIS:   Douglas Davis. I want
 6    to take an opportunity to be very brief, you've
 7    been very gracious to our company in the past in
 8    allowing us in discussion, and I'm very impressed
 9    with the level of consideration that's come into
10    this whole problem. I think this is amazing. I
11    might like it if it were shifted a bit, but that's
12    not the point.
13                     I did want  to say just a couple of
14    things about glass, though,  I think it gets into
15    your soul a little bit when you work on glass
16    developments for months. In terms of safety I have
17    to say that I feel better about thinking about a
18    durable glass at a site where, even if our
19    infrastructure is totally gone and even if it's no
20    longer an arid area,  the radon, the radioactivity,
21    the lead, is still contained and can't wander off.
22                     The  other thing that several times
23    we've talked about, and I think perhaps we haven't
24    given it as much emphasis as we might, is to the
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 1    large commercial glass industry that operates all
 2    around the world, not with our radioactive
 3    hazardous waste glasses, but many of these issues.
 4    I think it's wonderful that we've gone and
 5    considered the opinions of the workers, that's very
 6    important. Surprisingly that's not done very
 7    much. But a slightly increased inherent risk in a
 8    process does not always result in more injury
 9    because you can build in, and I think the glass
10    industry is a good example, they have built in the
11    structure to be a very safe industry. Even in
12    parts of the world where they don't even have the
13    infrastructure that we have.
14                     In talking about greater
15    implementability, you know, our company, one of the
16    things we do is build large float glass plants, and
17    one of the demands that's often put on us is, okay,
18    here's an order, we would like to have glass
19    running out in sheet form in two years. That's
20    very common. So, you know, through construction
21    planning and engineering planning you can put
22    together complex projects very quickly, and it's
23    still with good quality control.
24                     And I guess under the question of
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 1    operability, again I would just mention some of
 2    these plants that are run commercially, we commonly
 3    as part of our contracts to a customer, now these
 4    are not radioactive waste raw materials, but part
 5    of our warranty is that day after day these operate
 6    with less than two or three defects per ton of
 7    glass. So, the commercial industry sits there and
 8    runs, it's very operable. Just want to make sure
 9    we just think about that, and I appreciate your
10    consideration.
11                     MR.  STEGNER:   Thank you,  sir.
12                     MR.  GELS:   My name is Jerry Gels.
13    I'm a health physicist. I've been coming to a lot
14    of these meetings and was about to go on the record
15    as saying that I thought that cementation was the
16    better alternative of the two because if those are
17    our choices, I felt that, as Ms. Wilson pointed
18    out, that the retrievability would be better than
19    that, although I think she said that it wouldn't,
20    so I don't know how to feel about that. But I do
21    feel that the radium 226 that we have in those
22    silos is a resource.  We've been looking at it as a
23    waste, and it is very true in a lot of short-term
24    viewpoints, it can be considered a waste. If you
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 1    look at the long term, as she's pointed out it
 2    could be considered a resource, and this is a
 3    resource that of all the atoms of radium 226 that
 4    there are in this country, most of them are in two
 5    silos out by Paddy's Run Creek, and they are,
 6    depending on the medical results, which I've been
 7    trying to find out about for some years now, how
 8    that is doing, but depending on those results, they
 9    can be a resource of tremendous value to the world,
10    and I think that should be considered in the long
11    run as what we do on that basis, whether we do
12    something that will put those atoms in a form that
13    cannot be easily retrieved or whether we separate
14    them out. And they can be chemically separated, it
15    is possible to do. Marie Curie did it a hundred
16    years ago. It's possible to do it. I don't know
17    if we've looked at doing that, but I think it's
18    something that we ought to look at. Thank you.
19                     MR.  STEGNER:   Anyone else? Going
20    once, twice. Thank you all for coming.
21                             -  -   -
22                MEETING CONCLUDED  AT 8:20 P.M.
23                            -  -  -
24
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                       CERTIFIED COPY
                       ATTACHMENT B.II
 1                     UNITED STATES OF AMERICA

 2                       DEPARTMENT OF ENERGY

 3

 4

 5

 6                         PUBLIC MEETING

 7                        PROPOSED PLAN FOR

 8                        REMEDIAL ACTIONS

 9                         AT SILOS 1 & 2

10

11

12                      WEDNESDAY, MAY 3, 2000

13                     NORTH  LAS VEGAS, NEVADA

14                            4:35 PM

15

16                REPORTER'S TRANSCRIPT OF PROCEEDINGS

17

18

19

20

21

22

23

24    Reported by:  MARK I.  BRICKMAN, CSR,  RPR,  CCR
                 Nevada License No.  605
25
                      ATLAS REPORTING SERVICES
                         LAS VEGAS,  NEVADA
                           (888)4-ATLAS-1
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 1                          APPEARANCES

 2    FOR THE DEPARTMENT OF ENERGY:       Moderator  -  GARY  STEGNER

 3                                                     TERRY HAGEN

 4

 5    Formal Comments:                            Page  43

 6

 7

 8

 9

10

11                   BE  IT  REMEMBERED that,  pursuant to notice of

12    the Public Meeting, and on Wednesday, May  3,  2000,  at the  hour

13    of 4:35 PM, at 232 Energy Way, North  Las Vegas,  Nevada,  before

14    me, MARK I. BRICKMAN, CCR No.  605, State of Nevada, there

15    commenced a public meeting.

16

17                                	oOo	

18

19

20

21

22

23

24

25
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 1                  MR. STEGNER:   Good afternoon,  everyone.  My name

 2    is Gary Stegner.  I work in Public Affairs for the Department

 3    of Energy at Fernald.  I want to thank you all for coming here

 4    this afternoon.

 5                  With me  are Nina Aksunduz. She is  the Silos

 6    Project Manager  for the Department of Energy -  Fernald. Gene

 7    Jablonowski. He  is Region 5 EPA,  Fernald Program Manager for

 8    US-EPA there.

 9                  Terry Hagen,  for Fernald  and also  Dennis Nixon.

10                  Since Nevada  stakeholders  could potentially be

11    impacted by the  course of action we choose  to remediate Fernald

12    silos,  we figured we would provide the same public involvement

13    opportunities  for you as we did for our own stakeholders last

14    week.

15                  What we  did then we hope  to do tonight is  two

16    distinct segments of a -- a meeting.

17                  First is  an informal review of the program that

18    we're  proposing,  and that will be followed  by informal  question

19    an answer session, which combined should take about thirty

2 0    minutes.

21                  We  would  ask  you to hold  your  questions  until  the

22    presentations  are over. That will be  -- consist of a video,

23    which  you guys have requested we produce, which we have done,

24    and also a short  presentation by Terry.

25                  Then that will be, as  I  say,  followed by the
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 1    informal question and answer session.

 2                  If you want clarification on any aspect of the

 3    project, that's  the time to  raise your questions  at that time.

 4                  That will be  followed by a formal public hearing

 5    where we will be exclusively in a listening mode.  We will not

 6    be responding to anything at that time.  We  will simply be

 7    taking your comments on the  Revised Proposed Plan Silo Project.

 8                  Your comments will be transcribed and be part of

 9    the official public record on the silos  project.

10                  We will respond to any  and all comments received

11    by Nevada stakeholders  through formal  responsiveness summary

12    document which will be  provided to  all commenters and will  also

13    be placed in your public reading room  and public  information

14    center.  Those will  be placed here and  also  at Fernald.

15                  If you would  rather submit your comments in

16    writing to me,  you  can  certainly do that.  You don't have to

17    speak on the record tonight. Those  comments should be

18    postmarked by May 18th  if you want  them  to  be included in the

19    formal record.

20                  As I said, the project  overview will be presented

21    in a video form which was prepared  by  request of  the Nevada

22    stakeholders, and following  the video, Terry will offer a short

23    briefing,  after  which you can ask your questions.

24                  At the conclusion of the question and answer

25    period,  then we  will go into the formal  public comment period.
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 1                  So with that, if you could queue the video and

 2    we'll get started.

 3                   (Videotape is being shown at this time).

 4                  MR. HAGEN:   What I'd like to do is move this

 5    clip down.  So to briefly summarize and supplement the data in

 6    the video against the criteria that EPA mandates  for

 7    consideration when you make a decision in the CERCLA, and

 8    they're the same ones that  were -- that were presented in the

 9    video.

10                  I  apologize  for the font size there. I  know it's

11    a little hard to read,  but  you've  got  it in your  handouts.

12    Maybe you can follow along.

13                  We'll  talk about all nine of these, and real

14    quickly, you see the bottom two don't  have an assessment;

15    rather  we felt that there was a favoring for vitrification and

16    chemical stabilization,  either/or.

17                  The state acceptance and community acceptance,

18    that's  evaluated based on the results  of these public

19    involvement forums,  so actually I'll be talking about seven of

20    the nine.

21                  The first criteria  is called overall protection

22    of human health and the environment,  and this is  what's called

23    a threshold criteria under  CERCLA, which means that the EPA

24    requires that before you can select a  remedy,  you must

25    demonstrate that it adequately --  again I apologize.  We were
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 1    trying to make this readable.  That it adequately addresses

 2    this particular criterion.

 3                  What we concluded is that both stabilization and

 4    vitrification do pass this  threshold. The protection is

 5    provided by a combination of removal  at Fernald, treatment to

 6    address the RCRA metals  in  the waste  and also treatment to meet

 7    Nevada Test Site waste acceptance  criteria and performance

 8    assessment requirements  and long-term stable disposal at the

 9    test site.

10                  The  second threshold criteria  is  called

11    compliance with applicable  or  relevant and appropriate

12    requirements.

13                  Our  conclusion  again was that  both technology

14    families met this threshold criteria.

15                  The  primary ARARs that we're concerned about --

16    we're concerned with all of them and  we have to meet all of

17    those,  but the ones that really drove the analysis,  number one,

18    are the NESHAP sub-part  2 radon flux  limitations,  and what we

19    found is is that both technologies when combined with their

20    packaging met this ARAR, and then  second,  of course, are all

21    the Department of Transportation requirements for

22    transportation.

23                  Again  the analysis  —  and we'll talk  a little bit

24    more about those Department of Transportation requirements,  but

25    our analysis is that both alternative families,  technology
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 1    families meet this threshold criteria.

 2                  What that means under CERCLA is that once you

 3    screen your potential alternatives against the threshold

 4    criteria,  some get screened out.

 5                  Those  that -- that pass through that screening

 6    are then eligible for a comparative analysis  against  five

 7    balancing criteria.  Those are  the next  five that we're going

 8    to go through.

 9                  The first one is long-term  effectiveness and

10    permanence. Our evaluation along with US-EPA was that both

11    technology alternatives performed at approximately the same and

12    performed adequately.

13                  The basis for saying that both provided adequate

14    long-term effectiveness and permanence  is  really the  same

15    argument that went with the first threshold criteria; that is,

16    removing at Fernald,  treatment to meet  regulatory requirements

17    for the leachable --  RCRA leachable materials in there,  also to

18    meet the waste acceptance criteria at the  test site and

19    performance assessment requirements and then  stable disposal,

20    long-term disposal at the test site.

21                  Again,   equal -- equal and adequate performance by

22    both technology families.

23                  The next of the balancing criteria is  called

24    reduction of toxicity, mobility or volume  through treatment.

25                  In  this criteria,  it was our assessment that
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 1    there was a distinct advantage to the vitrification technology,

 2    and that primarily relates to the treated waste volume,  and at

 3    the end of the presentation,  I'm going to present a couple of

 4    slides that are intended to directly address some questions we

 5    got from the Transportation Subcommittee of the CAB,  and

 6    there's also another one coming up here in just a second that

 7    show those volumes,  but there's — there's a lot more volume

 8    associated with chemical stabilization than vitrification, and

 9    that's the primary basis.  We'll cover all of these sub-

10    components.

11                  Basically chemical  stabilization produces about

12    three times the amount of  waste than vitrification, and  hence

13    the basis for the advantage to vitrification.

14                  About 12 to  1,300  -- depending on which

15    particular iteration of the chemical stabilization technology,

16    between 12 and 1,300 cubic yards -- cubic feet  -- I'm sorry.

17    It's -- it's 1,300,000 cubic feet -- sorry --  of material  that

18    would require disposal at  the test site versus  3 to 400,000 for

19    vitrification.

20                  For secondary waste volumes,  you'll  see those

21    were approximately equal.  The secondary waste  associated with

22    vitrification are a little bit more difficult  to deal with than

23    those associated with chemical solidification.  Some of them

24    are mixed waste.

25                  Also because of  the nature  of the high
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 1    temperature operation,  it tends to drive off more gas type

 2    materials and more gaseous emissions that have to be dealt

 3    with.

 4                  So we do believe there's  a slight  advantage to

 5    chemical stabilization relative to secondary waste,  but not

 6    enough to undo the significant increased volume there for

 7    chemical stabilization.

 8                  Short-term  effectiveness  is the next balancing

 9    criteria. Short-term effectiveness basically consists of a

10    couple of subcomponents.

11                  Worker risk, risk to  the  workers associated with

12    actually removing the material and treating it as well as the

13    workers involved in transportation,  and then again those

14    workers also at the test  site who  would be  involved in

15    disposing of these materials, and  then the  -- the last

16    subcomponent is how long  it takes  to complete the remedy, time

17    to protectiveness.

18                  Our evaluation here was that there was  an

19    advantage for chemical stabilization,  primarily driven by the

20    worker risk issue,  and we'll  talk  about each of these sub-

21    components here.

22                  Relative to  radiological  dose, which is what a

23    lot of people have — have historically assumed would drive the

24    worker risk, that's about the same for the  different

25    alternatives.
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 1                  The difference comes in the fact that — and

 2    we've got an overhead here coming up to demonstrate those

 3    hours,  but there are a lot higher number of working hours

 4    required to complete the project under vitrification than for

 5    chemical stabilization,  and statistically what that results in

 6    is a higher probability of some kind of accident for the

 7    workers in implementing that technology.

 8                  Also, vitrification is a  high temperature, high

 9    power,  high voltage operation which has some inherent  risk to

10    workers associated with those issues versus chemical

11    stabilization,  which is an ambient temperature batch type,  room

12    temperature batch type operation.

13                  And then  finally both of  these  technology

14    families would be implemented remotely,  but for maintenance of

15    the system, that would be done by contact;  in other words,

16    workers going in and actually maintaining,  fixing,  et  cetera,

17    and again for some of the reasons associated with the  high

18    power,  high temperature, we think there's a greater risk to

19    workers during maintenance operations.

20                  Relative  to  transportation risk, there is  an

21    advantage to vitrification, and that links  directly back to

22    what I  talked about a while ago;  that is,  there's three times

23    the volume of material to be handled,  to be dis --  to  be

24    transported and be disposed for chemical stabilization.

25                  Statistically  that equates to about  three  times
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 1    the transportation risk.

 2                  Now, a couple of points to be made:    One is  is

 3    while there is a clear  advantage to vitrification,  CERCLA/

 4    US-EPA requires us to do  a number of evaluations of what are

 5    the risks associated with transporting this material under an

 6    accident free scenario,  but also what are the risks associated

 7    with this material in the event of an accident to the general

 8    public,  response workers, et cetera.

 9                  What we found was  that those calculations were

10    well within what the CERCLA process, at least, considers to  be

11    acceptable risk to the  public,  transportation workers,  both

12    under routine circumstances and in an accident scenario.

13                  And then the second  element of  that  evaluation

14    was that there actually were higher -- acceptable,  but  higher

15    risk to  emergency response workers through the vitrification

16    technology.

17                  The reason being is  vitrification basically

18    concentrates the waste,  whereas the -- the clearest way to

19    state it for chemical stabilization is by adding the — the

20    various  things that bind  the contaminants together, you're

21    diluting the waste,  you're diluting that radioactive source.

22                  So there's actually  a higher source  term  because

23    of the concentration of the waste with vitrification than

24    chemical stabilization.  So that's the basis of the  -- of the

25    last conclusion.
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 1                  The other issue — I don't have an overhead for

 2    it -- was time to protectiveness.

 3                  Based on data that we received from the vendors

 4    that were involved in the  proof of  principle testing that was

 5    referenced in the video,  that  data  said that we  could implement

 6    chemical stabilization approximately a year quicker than

 7    vitrification.

 8                  So that coupled with the increased worker  risk

 9    was the basis of saying there  was  a — an advantage to chemical

10    stabilization in this balancing criteria.

11                  The next balancing criteria  is implementability,

12    which is pretty much what  it sounds like, your  ability to

13    successfully with a reasonable degree  of certainty implement

14    this technology.

15                  It was our conclusion that there was an advantage

16    to chemical stabilization.  Again we'll talk about some of

17    these things.

18                  The first one is  scale-up.   We rated that

19    neutral. The reason we rated that  neutral — in  other words,

20    no advantage in one direction  or the other — is is that there

21    are examples, albeit very,  very limited for vitrification that

22    we're going to discuss in  a second.

23                  There are examples for both  technology  families,

24    however, of -- of facilities operating at the scale that we

25    would require at Fernald to complete this project in a timely
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 1    basis.  So we rated that neutral.

 2                  From this point forward, we feel -- for the

 3    reasons I'll go  into  here in a second — that there  is an

 4    advantage to chemical stabilization.

 5                  The first one is commercial demonstration which

 6    EPA requires us  to look at.  If you go out,  which we  did,  and

 7    look at hazardous and radiological contaminated sites

 8    throughout not only the United States,  but  also the  world,  we

 9    found many,  over a hundred instances  to where chemical

10    stabilization had been selected and selec -- successfully

11    implemented to manage waste  under CERCLA sites through CERCLA

12    records of decision,  through NRC  response actions,  in some

13    instances through corrective actions  under  RCRA.

14                  There was a very, very limited  database of --  of

15    applications of  vitrification,  and what that translates to is

16    not that vitrification won't work. It translates to  it's  just

17    not proven to the same degree of  chemical stabilization,  which

18    is a factor that again EPA requires us to look at.

19                  The second aspect is operability. The video

20    basically talked about the differences in the technology,  and

21    what this boils  down  to is the number and the complexity  of

22    unit operations.

23                  To  successfully implement  vitrification requires

24    a number of steps, technical steps -- again, as briefly

25    discussed in the video — that are more numerous and more
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 1    technically challenging than chemical stabilization,  which is

 2    basically an ambient,  fairly low-tech operation.

 3                  That's not to say there aren't challenges since

 4    we have to do this remotely,  because there are.  It's  not a

 5    slam dunk we're  going to go in and do that successfully.

 6                  The point is that it  is a simpler operation, and

 7    that's fundamentally the basis of  our conclusion that there was

 8    an advantage for chemical  stabilization.

 9                  The other thing that  you saw up there was two

10    other points, contractibility,  which links directly to what we

11    just talked about.

12                  We  show an advantage  for chemical stabilization

13    because there are more unit operations,  more complex  equipment

14    to put in, and in particular the melter itself with its

15    refractory lining, it's something  that has to be done to very

16    tight tolerances and has to be done at the site.  It's just

17    harder to build, hence an  advantage for chemical stabilization.

18                  The other one is something we  called ease of

19    acceleration. I  think the  — the best way to show that is  —

20    is to reference  the number of hours we talked about a little

21    earlier in the presentation that it requires the number of --

22    of unit operation hours that each  technology family would

23    require to finish this project in  three years,  which  is

24    arbitrary, but for illustration purposes,  it shows a

25    significant difference.
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 1                  You're talking about anywhere from 7 to 10,000

 2    operation hours  for chemical stabilization depending on which

 3    specific tweak of the technology you use versus 16,000.

 4                  That means it's just a lot harder to get done

 5    quicker with vitrification.

 6                  It also introduces more possibility for equipment

 7    failure just through routine wear and tear and things of that

 8    nature. Again the basis  of  the  conclusion under ease of

 9    acceleration that proves an advantage for chemical

10    stabilization.

11                  The last of the balancing criteria is  cost; not a

12    big difference.  CERCLA requires  that this stage in  the

13    process,  the feasibility study  phase of the process  before you

14    go into de -- detailed design that you develop cost  estimate --

15    cost estimates for these technologies to an accuracy of plus

16    50,  minus 30.

17                  We think we're a lot tighter than that, and what

18    it shows is is there is  a slight advantage for chemical

19    stabilization, maybe a ten  percent difference  between the two,

20    which within that range  of  accuracy that I talked about isn't

21    particularly meaningful.

22                  So, again, very slight advantage for chemical

23    stabilization, but not a real driver in our mind for the

24    decision. Important,  but not a  differentiator  between the two.

25                  The other  two criteria -- again, state acceptance
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 1    and community acceptance — will be based on these forms with

 2    you all,  the public hearing that we had in Ohio as well as

 3    comments  from the Ohio Environmental Protection Agency.

 4                  That really wraps up  the comparative summary

 5    among --  against the two alternatives.

 6                  What I want to do is  give a couple  of additional

 7    pieces of information,  and this is based on questions  that came

 8    out from  the transportation subcommittee of the CAB last week.

 9    Some of our people were here talking to them.

10                  Wanted to know a  little bit more information

11    about transportation,  which presumably is the  primary  concern

12    of -- of  this group of people.  I don't want to presume too

13    much, but we'll  just get to this point.

14                  Silos 1 and 2 material are LSA or low specific

15    activity  II solid material,  and what that means is we  have to

16    use a particular type  of container,  which I'll get to  on the

17    next slide, and  there's also limitations on the rad field that

18    can emanate from the material shipments,  and you see what they

19    are here.

20                  200 millirem per  hour on contact with the

21    container at conveyance, 10 millirem at 2 meters from

22    conveyance, 2 millirem an hour  to the driver,  and just to put

23    it in perspective, what is the  untreated field coming  off the

24    silos material?  Up to  900 millirem per hour.

25                  With packaging, both  technology  families perform
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 1    about the same,  and that is approximately 50 millirem per hour

 2    on contact with the container or about four times less than

 3    what the regulatory limit allows and conversely about four

 4    times under these other limits,  as well.

 5                  Relative  to  the package itself that we will be

 6    obligated to use, the container has to be the Department of

 7    Transportation 7A type A container, which means that it has to

 8    be certified,  and it has to be certified using these tests.

 9                  The water  spray test which basically  is water

10    can't get in or can't get out,  to put it at its simplest. The

11    drop test, three foot drop test in a manner that causes the

12    maximum damage.

13                  That's  to  simulate what happens  to it  in  an

14    accident scenario and it's got to maintain its integrity and

15    its ability to hold the material in there.

16                  Penetration  test,  also  looking to  judge the

17    stability of the container in a particular type of accident

18    scenario. Compression test the same.

19                  We have a  certified  container that —  when  I say

20    "we," I'm talking about Fluor Fernald at the site,  and I'll put

21    up an overhead about it here in a minute.

22                  Whenever  we  do this  project,  it  is the current

23    intent to give the vendor the ability to propose a specific

24    kind of container.

25                  So it  could  be different than the  one  we've got,
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 1    but if it is different than the one we've got,  they're going to

 2    have to certify it and they're going to have to certify it

 3    against these particular tests.

 4                  Another question is  relative  to  the total volume

 5    of material being generated from the Fernald cleanup,  how much

 6    is coming here,  how much is staying there,  and I presented this

 7    to — to some of you I think in December.

 8                  Three-quarters of the material being generated

 9    from the Fernald cleanup are staying at Fernald in a — in an

10    on-site disposal facility.  Roughly two and a half million

11    cubic yards of material.

12                  About sixteen percent of the  materials  according

13    to current plan will go to  Envirocare.

14                  For those of you who have  been to  Fernald before,

15    that's primarily our waste  pits project,  about 700,000 cubic

16    yards -- actually a little  less than that,  but on that order.

17                  Eight percent of the total material to  be

18    generated by the Fernald cleanup will  come to the Nevada Test

19    Site.

20                  Now of  that eight percent  --  you  see that this

21    goes back to 1985. Of the eight percent of our total volume,

22    about seventy-five percent  of that material is already here,

23    okay. It's already here and in the ground.

24                  So  the  remaining waste  stream to  come to the

25    Nevada Test Site is primarily what we've been talking about
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 1    tonight.  Most of our legacy waste is already out of Fernald

 2    and safely at the site.

 3                  One last point. It is the current proposed plan

 4    that the  treated materials from Silos  1 and 2 come to the

 5    Nevada Test Site.

 6                  That  is because right now there is no  commercial

 7    disposal  facility that has the disposal capability and/or is

 8    permitted to take this particular type of  material.

 9                  Envirocare has voiced a number of times — for

10    those of  you who are familiar with that commercial disposal

11    facility  up in Utah, that they are going to be  pursuing some,  I

12    guess,  liberalization —  that's my own word —  of their permit

13    that might allow these materials to go to  Envirocare.

14                  If that's  the  case,  it -- it would be  our intent

15    to explore that option,  or if any other commercial disposal

16    facility  became available to us, we would  explore that option,

17    too, and  if it was  safe and cost-effective, we'd go there,  and

18    what's the probability of it being cost-effective compared to

19    NTS?

20                  Right now  it's cheaper for us  to send  the

21    material  to Envirocare because we've got the ability to send it

22    door to door by unit rail train.

23                  Of course,  that capability is  not test  for the

24    test site so we've  got to send it in individual trucks.

25                  My point is if --  if we ever have the  ability to
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 1    go somewhere like the Envirocare,  in all likelihood,  we will.

 2                  I  apologize. I probably got this a little bit

 3    out of order,  and I'm going to —  I think I  get most of it.

 4                  I  mentioned earlier  that we do have a container

 5    right now that is certified,  and we got it from the SEG

 6    Corporation.

 7                       This is — this is that container,  and our

 8    baseline,  our current plan assumes use of this concrete

 9    container for transportation of the stabilized material to the

10    test site.

11                  Again, we will give  other vendors the opportunity

12    to optimize design of this box,  this container, but if they

13    don't use this one,  they're going  to have to certify it

14    according to the standards that I  mentioned  on the  previous

15    slide.

16                  That sums up my presentation.  I'm going to waltz

17    back to the back table and we're open to take  any questions

18    that you might have prior to the formal public hearing.

19                  MR. STEGNER:   If  you have any questions right

20    now, we'll  take those and answer them prior  to the  formal

21    comment period.  Once we start taking your formal comments,

22    we'll sit and listen.

23                  AUDIENCE PARTICIPANT:   With regard to  the last

24    statement you just made,  the gentleman here,  you have  the

25    certified container.
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 1                  To whom — what certified it?

 2                  MR. NIXON:   It's the Department of

 3    Transportation.

 4                  AUDIENCE PARTICIPANT:    It's not certified by  the

 5    NEPA or any other agency?

 6                  MR. NIXON:     It's  not.

 7                  MR. STEGNER:   Terry put  up  a slide on the

 8    Department of Transportation it's  a 7A type container and

 9    what's required to certify that through the Department of

10    Transportation.  That's the material.

11                  AUDIENCE PARTICIPANT:    Can  you tell  me who makes

12    it again?

13                  MR. NIXON:     It's  a commercial  container that was

14    developed by SEG for commercial use.

15                  MR. HAGEN:     The answer to the  second part  is

16    yes.

17                  AUDIENCE PARTICIPANT:    Do  you have to have a

18    special vehicle to haul  these?  Are you going to have any kind

19    of markings on the trailer on the outside?

20                  MR. NIXON:     It  would  be placard

21                  MR. HAGEN:     LSA material.  Yes,  sir.

22                  MR. CLAIRE:    Don,  would you use  your mic so  we

23    can all hear and we won't ask the same question a second time?

24                  AUDIENCE PARTICIPANT:    Can  you hear  me?

25                  I've got several  other questions,  two or  three.
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 1                  Okay. So we have the certified container going

 2    down the highway assume like flatbed trailer,  two of these

 3    containers per tractor trailer.

 4                  It is parked by some McDonald's and the driver

 5    wants to get a hamburger or something.  If you took a rad meter

 6    and went out and surveyed that -- the outside casing of that,

 7    what type of radiation amount would we  get on the —

 8                  MR. NIXON:     In  contact  with the  container?

 9                  AUDIENCE PARTICIPANT:   What  are we talking

10    about? How many millirems?

11                  MR. NIXON:     70  millirem per hour is what we

12    designed the process that's proposed for -- the  chemical

13    stabilization process  would be -- result in about 70 millirem

14    per hour on contact with the package.

15                  AUDIENCE PARTICIPANT:   That's the two containers

16    together?

17                  MR. NIXON:     That's  direct contact  on the

18    container itself.  As you go away from it — from the

19    container, it would be significantly less.

20                  AUDIENCE PARTICIPANT:   All right.

21                  MR. NIXON:     And Terry put up  a  slide which  had

22    the require -- what the Department of Transportation

23    requirements are.

24                  It's based on  200 millirem  per hour on contact

25    with the container.
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 1                  Our design is — is much less than that at 70

 2    millirem per hour.  So it would be very conservative.

 3                  AUDIENCE  PARTICIPANT:   My next question, other

 4    than the nuclear test site,  what  other avenues of disposal  has

 5    Fernald looked into?

 6                  MR. HAGEN:   We've looked at number one,

 7    commercial disposal, and there is no commercial  disposal

 8    available at this time that  is within the  constraints of the

 9    license that have the ability to  take this  material, number

10    one.

11                  Number  two, we  looked  at leaving it at Fernald.

12    We do have an on-site disposal facility that our stakeholders

13    and regulators agreed to.

14                  There were waste acceptance criteria  established

15    for that material based on the fact that  their sole source  of

16    drinking water for Cincinnati is  the aquifer underneath of  the

17    on-site disposal facility and created a number of contaminant

18    specific waste acceptance criteria,  and this material is

19    significantly above the waste acceptance  criteria for the on-

20    site disposal facility.

21                  So that  ruled out on-site disposal at  Fernald,

22    and again, no off-site commercial disposal  facility that has

23    the — the licensing in place right now to  take  this material.

24                  Our Silo  3 material, which was  referenced at  the

25    beginning of the video, is going  to — in  all likelihood will
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 1    go to Envirocare,  because that is material that is within the

 2    constraints of that license.

 3                  AUDIENCE PARTICIPANT:    In New Mexico, that

 4    hasn't been —

 5                  MR. HAGEN:     Are you talking about WIPP?

 6                  AUDIENCE PARTICIPANT:    Yes.

 7                  MR. HAGEN:     This is low-level  material. WIPP as

 8    I understand it -- I'm not terribly familiar with the internal

 9    workings of WIPP,  but that's  for transuranic storage and other

10    materials.  A low-level waste  is not technically envisioned for

11    disposal at wipp and this is  a low-level waste.

12                  AUDIENCE PARTICIPANT:    Okay. That  concludes my

13    questions.  Thank you.

14                  MR. HAGEN:     Thank you.

15                  AUDIENCE PARTICIPANT:    I have a couple of

16    comments and then a couple questions.

17                  Firstly, from  the  standpoint  of Nevada, you know,

18    the cost difference between your two alternatives is minimal,

19    especially within the kind of, you know, estimates that we're

20    talking about today,  and if you use vitrification as opposed to

21    chemical stabilization,  we're going to have less volume of junk

22    coming to our state,  number one.

23                  We're  going to  have  less  of a problem

24    transporting because there's  less volume,  right? You said that

25    yourself.
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 1                  I guess that makes a problem for me. Why  should

 2    we take your waste when you have an alternative which is not

 3    going to cost that much more for you,  but might be costly to

 4    us?

 5                  My  other comment, I used to live in Tennessee  and

 6    worked at Oak Ridge.  We were working on vitrification in the

 7    1950s.

 8                  Do  you mean to tell me —  I heard you  say,  "We

 9    don't know enough about it."

10                  How could you not know enough about it? How can

11    you not know anything about it  at  this  point  in time? That's

12    forty years ago.

13                  Those are my comments.

14                  Question:   What happens -- I assume you're using

15    filter presence,  right?

16                  MR. NIXON:     Yes.

17                  AUDIENCE PARTICIPANT:   What happens to the

18    filtrate? Number  one  question.

19                  MR. NIXON:     Treated on-site.

20                  AUDIENCE PARTICIPANT:   How? That's going  to be

21    really concentrated.  You're going  to have to  do something with

22    that. That's going to be another probably worst waste than you

23    have in the solids,  possibly,  anyway.

24                  MR. NIXON:     Well,  it's  going  to  go  through

25    wastewater treatment  at the site and then we  have an advanced
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 1    wastewater treatment before it's discharged to the -- to the

 2    river for radium.

 3                  Primarily we will be removing the radium  at the

 4    processing facility.

 5                  Now how -- how that will be designed will be

 6    again dependent  on the vendor to design on how they propose to

 7    deal with that aspect of it.  That has not been --

 8                  AUDIENCE PARTICIPANT:   That can be -- that could

 9    be a real problem in terms  of wastewater treatment.  You're

10    going to have some real problems getting rid of those heavy

11    metals in a way  that doesn't  affect the environment,  so to

12    speak. Some river. Cincinnati,  Ohio.

13                  The other thing is I guess it bothered me that

14    you're going to  use either  an oxide or some metal,  iron — I

15    don't know what  your precipitous is going to be.  You're either

16    using iron, aloe,  lime,  whatever.  Those are all going to

17    result in a higher pH; that is,  your solid matrix.

18                  If  you bury that  in the ground  according  to all

19    the nuts, the environmentalists, you're going to  have more and

20    more acid rain,  right? As  acid rain filters down  through the

21    ground,  what happens to all these metals?

22                  I know what's going to happen to them. If,  in

23    fact, that happens,  and we  do have some rain here  — not like

24    Cincinnati, but  there's a  little bit of rain here.

25                  Is  -- is that a concern?
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 1                  MR. NIXON:     It  certainly is  a  concern.    The

 2    process that is proposed here using a trisodium phosphate as

 3    the stabilizing agent for the lead compound to  make the lead

 4    compound immobile.

 5                  AUDIENCE PARTICIPANT:   Yeah, but it's still  tied

 6    up with a high pH environment.

 7                  MR. NIXON:     Exactly.

 8                  And then after the  lead is stabilized with  the

 9    trisodium phosphate,  then cement and in one paste  fly ash would

10    be stabilized or solidified with the cement in  the fly ash for

11    final disposal.

12                  Now the waste acceptance criteria at the Nevada

13    Test Site is based on the TCLP analysis where we actually take

14    the stabilized waste  and we grind it up and we  do  this

15    analysis, and the analysis is meant to essentially mock what

16    happens in the environment under infiltration of acid rain.

17                   It's counteracted with an  acidic solution over

18    time, and then that solution is  analyzed for its constituents,

19    and that's how we meet — demonstrate that we meet your waste

20    acceptance criteria through that testing.

21                   So it's essentially  the test. The TCLP analysis

22    is there to mock up exactly what you had defined,  the

23    infiltration into a landfill of  acid rain.

24                   So if we meet that  TCLP analysis or meet the  --

25    the leachate is below the TC limits, the regulatory limits,
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 1    then theoretically that would no longer be an issue in nature.

 2                  AUDIENCE PARTICIPANT:    The bottom  line of my

 3    question or comment is that from the standpoint of Nevada,  we

 4    would recommend — I would recommend — and I'm a registered

 5    engineer.  I would recommend using -- using vitrification.

 6                  I  know  it will cost you  ten million dollars more

 7    dollars in Fernald, but using that much waste coming into our

 8    state,  why not? Well?

 9                  MR.  HAGEN:     Do  you  want a response  or is  that

10    a --

11                  AUDIENCE PARTICIPANT:    I want to ask you a

12    question that's relative to that.

13                  AUDIENCE PARTICIPANT:    Let him  respond first.

14                  AUDIENCE PARTICIPANT:    Well --

15                  AUDIENCE PARTICIPANT:    Let him  respond to the

16    question.  I want to hear his response.

17                  MR.  HAGEN:     Okay.  One  thing  I  probably  should

18    have spent more time with, you know, relative to your comment

19    about you've been working with vitrification since the ^50s.

20                  The  simple  fact is for waste streams like this,

21    nobody has gone out and done it  very successfully.

22                  There are a  couple of instances  to where it's

23    been done, Savannah River. I got a feeling you know as much

24    about it than I or more.

25                  Nowhere with  the  technology that we're  talking
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 1    about in a radioactive remote environment has it been done,  not

 2    once at the scale we would require for Fernald,  and where it

 3    has been done at lower scale, significantly lower scale,  the

 4    fact is is that it was very difficult to get where they were.

 5                   I  think there's one or  two instances in the world

 6    where there have been what you would call a successful

 7    application of vitrification for this type  of waste stream.  It

 8    was at a lot lower scale than we need, and  they went through

 9    hell to get to where they eventually got to.

10                   So  from our perspective -- I  understand your

11    comment, but to answer from our perspective, yeah, there's a

12    10, 20 million dollar difference in the cost estimate,  but the

13    data that we have got from industry tells us that we're going

14    to have a very, very difficult time implementing vitrification

15    if we can do it successfully at all.

16                   We've  already  had one  less than optimal

17    experience with vitrification at Fernald. We look at what's

18    happened at Savannah River.  We look at what's happening at

19    Paducah and more recently with DNFL at Hanford.

20                   It's just not  a technology that we  feel certain

21    that we can go implement in a cost-effective, timely manner.

22                   I  understand,  and please welcome  the formal

23    comment period what you said, but that's -- that's from our

24    perspective why we're going with chemical stabilization.

25                   All those other advantages are only hypothetical
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 1    if you can't do it,  and the simple fact is is that we're a lot

 2    more confident in our ability to get it done with chemical

 3    stabilization.

 4                  AUDIENCE PARTICIPANT:    Thank  you.

 5                  AUDIENCE PARTICIPANT:    Yeah.  The  reason  I

 6    wanted to make a comment and ask a question was to compliment

 7    Peter's concerns because this is the first time at least I have

 8    heard a positive evaluation of vitrification.

 9                  All up to now has been exactly parallel to what

10    you've been saying,  which I suppose leads to the question of

11    why do you even present the vitrification in a positive sense

12    when you do not have the technology or the capability?

13                  Because  if you don't have  the  capability, you

14    don't have the knowledge,  you don't have an alternative.

15                  MR. HAGEN:  Yeah. My answer to that is  is that

16    we evaluated this -- we,  the Department of Energy and the

17    Fernald site back in the early '90s where it was --

18    notwithstanding the  comment that the technology has been around

19    for a long time.

20                  The technology is applied  to environmental

21    cleanup was kind of  the rage in the early '90s, and so we went

22    through the initial  evaluation frankly with -- with a lot of

23    literature-type data,  lab scale-type data and we made an over-

24    optimistic assessment of that technology relative to our

25    ability to go do it, at least at the Fernald site.
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 1                  So with that done, whenever we got into the

 2    situation of needing to  re-evaluate the technologies,  our

 3    stakeholders in Ohio felt very strongly that that needed to

 4    stay on the table for those comparative evaluation.

 5                  AUDIENCE PARTICIPANT:   Well. I'm  -- I'm

 6    perfectly satisfied with your remedial action choice.  My only

 7    point was I'm not even sure that vitrification should have been

 8    given consideration, and that's your business.

 9                  AUDIENCE PARTICIPANT:   I was -- I was pleased to

10    see that you had a chart that showed the radon flux at silos 1

11    and 2,  and so I assume from that that you had some  measurements

12    of the production of radon gas in those — the vicinity of

13    those two silos.

14                  And then I  further assume that with  that kind of

15    information, you made an estimate of the kind of contribution

16    of radon gas in the Nevada environment,  your disposal is going

17    to make.

18                  Did anybody do  that?

19                  MR. NIXON:     Yeah.  As part of  --  in looking at

20    the -- the way that the  waste would be disposed,  obviously you

21    can see from the chart that the waste itself does not meet the

22    regulatory requirements,  which is basically 20 picocuries per

23    meter -- square meter per sec -- per second.

24                  But once packaged, it  would meet the NESHAP

25    requirements; not only for interim storage,  but for long-term
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 1    disposal.  Combined with the disposal facility.

 2                  When we ultimately do the performance assessment

 3    for the final disposal of this waste in its final form,  that

 4    will be one of the key parameters that's evaluated for the

 5    disposal configuration to be sure that the waste itself,  even

 6    after the  package is  possibly compromised over  time,  would

 7    still meet the radon  flux limits on the top of  the disposal —

 8    disposal cell itself.

 9                  AUDIENCE PARTICIPANT:    I just have one more

10    question.  I was  wondering about the possibility of instead of

11    putting all of that good shielding in the ground, I  thought

12    maybe you  could  design some kind of a shell that went over each

13    container, and then after it's offloaded,  return those shells

14    back to Fernald.

15                  MR. NIXON:     That was  evaluated.  That  certainly

16    was evaluated, and let me tell you the main reason we --

17    there's two reasons,  really.

18                  One is worker risk.  Putting  the waste after  it's

19    treated into an  unshielded container is going to require  us to

20    handle both at Fernald and at Nevada.

21                  So there's a  significant worker risk issue before

22    it gets into the shielded container for shipment.

23                  Secondly, you have the  shipment that is not

24    dedicated  two-way trans -- transport.  It's dedicated to  the

25    NTS site itself.
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 1                  We would have to pay to have the container

 2    delivered back to the Fernald site at a significant cost to the

 3    project.

 4                  Really from our standpoint it's worker risk, we

 5    want the  waste to go directly into the shielded container and

 6    have the  waste shielded for the  workers both putting it in the

 7    container and dealing with that  at Fernald and offloading it

 8    here and  putting it into the disposal cell.

 9                  AUDIENCE PARTICIPANT:   Thank you.

10                  I've  got a couple questions. Is this  a NEPA

11    process?

12                  MR. NIXON:     Yes,  yes.

13                  AUDIENCE PARTICIPANT:   The NEPA process  requires

14    that energy consumption be a consideration.  I  don't see that

15    as one of your criteria.

16                  We are importing over  fifty-five percent  of our

17    energy.  The Department  of Energy has  a responsibility for this

18    area,  and it is  an issue which should be kept  before the

19    forefront of the public.

20                  MR. NIXON:     The  feasibility  study that led up to

21    this proposed plan that we're presenting tonight was a full

22    environmental impact statement when it was originally done. As

23    revised,  it's — we did a supplemental analysis to our original

24    Environmental Impact Statement.

25                  So yes, those things are  evaluated  in the -- in
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 1    the detailed document,  the feasibility study.  They're not

 2    presented to you here.

 3                  AUDIENCE PARTICIPANT:   In regard to energy

 4    consumption, we got process of transportation and disposal.

 5                  What alternative has the least energy  consumed?

 6                  MR. NIXON:     I'm  not  sure  I  can answer that.

 7                  AUDIENCE PARTICIPANT:   It's an  important

 8    question.

 9                  MR. NIXON:     Yes,  it  is.

10                  AUDIENCE PARTICIPANT:   You folks should be  able

11    to answer that.

12                  MR. NIXON:     I would  have  to  -- I  would have

13    to -- I don't have the  information here  in front of me.

14                  AUDIENCE PARTICIPANT:   We spend probably  a

15    hundred or 200 million  dollars protecting our foreign oil

16    resources with a military force and our  energy consumption is

17    increasing.

18                  So  this is  a very major national issue  and also a

19    national security issue.  Most people  don't think about it.

20                  MR. HAGEN:     The  exact numbers  I  can't quote.  It

21    was -- obviously it was  significantly higher for the

22    transportation element  for chemical stabilization just because

23    of the shear, you know,  increased number of shipments.

24                  As  far as the  on-site  treatment  aspect  of  it, it

25    was significantly higher vitrification because of the — the
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 1    high power requirements for that technology. I can't quote the

 2    numbers.  I apologize.

 3                  AUDIENCE PARTICIPANT:   Just  for a point of

 4    information,  in Europe, country of France,  the vitrification

 5    process is quite sometime.

 6                  As a matter of fact  in 1998 and 1996, the power

 7    plants in Europe were  sent  the  waste vitrification and

 8    particularly in Germany,  by rail car back to Germany for

 9    storage and all kinds.

10                  Are you  aware of  that?

11                  MR. HAGEN:     Yes.  In fact,  I didn't get  to --

12    the boss  got the glory trip,  but we actually went to La Havre.

13    in France and also  to  Britain where they're doing

14    vitrification.

15                  Basically they are doing it,  but on  a very

16    different waste stream. So  we didn't think it was --

17                  MR. NIXON:     We evaluated those  facilities under

18    commercial demonstration.  They're on much smaller scales,  but

19    homogenous,  high-level —  specifically on high-level waste.

20    Never on  low-level  waste.

21                  MR. HAGEN:     Our boss  actually went there  and

22    actually  looked at  these facilities.

23                  MR. NIXON:     These  same  facilities,  the  low-level

24    waste or  a portion  of  the  waste that they have on-site is  also

25    being chemically stabilized,  as well,  or similar process.
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 1                  AUDIENCE PARTICIPANT:   What type of cement is

 2    going to be used in the --

 3                  MR. HAGEN:     Cement is  a generic  term.  I'm

 4    sorry.

 5                  AUDIENCE PARTICIPANT:   That's okay.

 6                  MR. HAGEN:     You know,  cement  stabilization  is

 7    kind of a generic term that applies. What is  more likely in my

 8    opinion -- not that a successful vendor couldn't  use straight

 9    cement  — is they're going to have their own  little proprietary

10    version of some pozzolanic based additive.

11                  So it will be  some  tweak,  their own little

12    proprietary tweak,  and it will probably have  the  basics of

13    cement  in it,  but it will have other things in it,  too.

14                  MR. NIXON:     These are  all  type A cement with the

15    stabilizing agents  in it:

16                  AUDIENCE PARTICIPANT:   They got some good  state

17    of the  art material.

18                  MR. HAGEN:     Yes.

19                  MR. NIXON:     And that very  well will  come into

20    play with a competitive environment that vendors  will be asked

21    to engage in.

22                  AUDIENCE PARTICIPANT:   What I'd like to  --

23    rather  rude. I'd — I'd like to really  — want to thank you

24    all for having the  public hearing out here  and also for the

25    meeting you had last week.
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 1                  I found you responded to our questions and we had

 2    a number of them and I  thought there was  a good demonstration

 3    of interaction among sites,  which I hope  can happen with other

 4    sites.

 5                  One -- one question  I had. You indicated  the

 6    majority of the  waste has actually arrived at the test  site.

 7                  And how does that  compare with the material

 8    you've  already shipped?  How does it compare with the material

 9    you're  proposing to  ship from the silo program as far as risk?

10    Just ballpark or if  you're  able to do that.

11                  MR. HAGEN:     As far as a  calculated number,  I

12    can't do it,  but in  terms of a type of material, most of it

13    does not -- most of  the  material coming does not have the same

14    degree  of radium content within the radon generation, which is

15    really  a primary issue  during waste transportation.

16                  Most of the material would have  fallen into the

17    LSA-1 category versus the LSA-2.

18                  AUDIENCE  PARTICIPANT:   The prior material?

19                  MR. HAGEN:     Yeah.

20                  So, you know,  all  low-level waste, all — you

21    know, what I  would say  within the same order of magnitude of

22    risk, although what's unique about this particular waste --

23    waste form relative  to  transportation issues,  we'll probably do

24    that radium content.

25                  MR. NIXON:     We've shipped similar  compact  dose
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 1    rates on the container that didn't require this level of

 2    shielding to get to those levels, to that 50 to 70 millirem per

 3    hour.

 4                  AUDIENCE PARTICIPANT:    Thanks.

 5                  AUDIENCE PARTICIPANT:    I've  got  a  couple

 6    questions.  Just kind of help me understand this.

 7                  On this  sheet that  you have here, you've got

 8    volumes.

 9                  MR. HAGEN:     Yes.

10                  AUDIENCE PARTICIPANT:    Is  this  just  the waste  or

11    does that include the containers alone?

12                  MR. HAGEN:     It's the  container -- it's the

13    entire waste volume that would go into the ground including the

14    container.

15                  AUDIENCE PARTICIPANT:    Just  roughly  figure  the

16    loads out,  how many loads are in --

17                  MR. HAGEN:     That's about 6,000 containers and

18    3,000 shipments.

19                  AUDIENCE PARTICIPANT:    On  each  line  or  total?  I

20    mean —

21                  MR. NIXON:     We're talking about the chemical

22    stabilization one.

23                  AUDIENCE PARTICIPANT:    Each  of  them.  That's

24    what I —

25                  MR. NIXON:     If you look at  the tallest one,
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 1    which would be M-l,  which was our cement base chemical

 2    stabilization, that  is equivalent to 3,000 shipments.

 3                  AUDIENCE PARTICIPANT:   Okay.

 4                  MR. NIXON:     Two containers per shipment.

 5                  AUDIENCE PARTICIPANT:   I just  kind of  wanted  to

 6    have an idea.

 7                  On this box, is this  a picture  of the  actual box

 8    that -- basically or is it something different?

 9                  MR. NIXON:     That's  a  picture of a  box that was

10    used in the evaluation.  As Terry said earlier, the  vendor who

11    ultimately performs  this design construct and operate the plant

12    may decide to  select a different package.

13                  AUDIENCE PARTICIPANT:   Okay.

14                  MR. NIXON:     That would  be optimized to his

15    particular process.

16                  AUDIENCE PARTICIPANT:   I was  just trying to

17    understand how would you fasten the lid on.

18                  MR. NIXON:     There again,  it would  have to be

19    designed,  certified  in the manner that we talked about.

20                  That particular container is  in connection  with a

21    gas, a neoprene gasket,  but that is not necessarily the package

22    that would be  used.

23                  AUDIENCE PARTICIPANT:   Okay.  These silos --

24    you're emptying silos; is that correct?

25                  MR. NIXON:     Yes.
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 1                  AUDIENCE PARTICIPANT:   Are you going to reuse

 2    the silos or they look like they were kind of getting pretty

 3    well --

 4                  MR. NIXON:     They'll be  demolished.

 5                  AUDIENCE PARTICIPANT:   Are they being hauled out

 6    here,  too,  or someone else or do you have your own -- where

 7    does that material go when you demolish those?

 8                  MR. HAGEN:     Silos  4 will go to  our  on-site

 9    disposal facility. Silo 3 will go to our on-site disposal

10    facility. Silo 1 and 2 rubble will  come to the test  site.

11                  AUDIENCE PARTICIPANT:   Is this in  this volume

12    here or not?

13                  MR. NIXON:     It's in that volume.  It's  in our

14    cost estimate, yes,  here, but it's  also in our low-level waste

15    shipment estimates in our waste management program.

16                  AUDIENCE PARTICIPANT:   Okay.

17                  MR. NIXON:     It's already covered  under  the waste

18    management program that your cost and communication.

19                  AUDIENCE PARTICIPANT:   I  think you've got  a

20    couple more questions.

21                  AUDIENCE PARTICIPANT:   That  actually inspired

22    during your discussion.

23                  What's  the  speed of operation  for this

24    chemical -- in other words, how many little boxes  will  you put

25    out a day? Are you going to stack up a thousand a  day or one
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 1    every two weeks or how is it going to happen that way? Can you

 2    tell me?

 3                  MR. NIXON:     Yeah.  I  think that based on our

 4    calculations,  we're looking at up to fourteen containers per

 5    day.

 6                  AUDIENCE PARTICIPANT:   Per day.

 7                  MR. NIXON:     Per day,  but it's probably going to

 8    be something less than that. That's what we think our maximum

 9    production.

10                  AUDIENCE PARTICIPANT:   But your  shipping  rate

11    may not be that high.

12                  MR. NIXON:     That's correct.

13                  AUDIENCE PARTICIPANT:   There was  a concern  about

14    constriction of shipments at portals of entry where we have —

15                  MR. NIXON: Exactly.

16                  AUDIENCE PARTICIPANT:   We have  stacks  of  total

17    boxes here.

18                  MR. NIXON:     I thought we had a slide on that.

19                  MR. HAGEN:     We do.

20                  MR. NIXON:     Yeah.  The proposed shipments are

21    three shipments per day for the chemical stabilization, so that

22    would be six containers per day normal shipping program.

23                  MR. HAGEN:     For three years.

24                  MR. NIXON:     For three years.

25                  AUDIENCE PARTICIPANT:   That wouldn't  jam  us  up.
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 1                  MR. NIXON:     It  would accelerate the process.  If

 2    we were able to increase the shipments,  we could potentially

 3    accelerate the project.  But that would be something that could

 4    be worked out.

 5                  AUDIENCE  PARTICIPANT:   Thank you.

 6                  AUDIENCE  PARTICIPANT:   Did I not hear you say

 7    you're going to drop these containers from three feet?

 8                  MR. HAGEN:     The certification requires a test of

 9    dropping it three feet.

10                  AUDIENCE  PARTICIPANT:   You know, the  shear

11    stress of concrete is 33 psi.

12                  Do  you know what's going to happen in  three  feet?

13    There would be nothing left of it.

14                  MR. NIXON:     This package that we're using, the

15    SEG container was tested under those conditions. It was

16    dropped on a corner from that one meter height.

17                  You know, you  got  to  remember that you were  --

18    you're exactly right on concrete, but this SEG container is

19    primarily steel.

20                  MR. HAGEN:     It's got a  lot  of rebar in it.

21                  AUDIENCE  PARTICIPANT:   That's  not on  here at

22    all.  That's why I couldn't figure it out.

23                  MR. NIXON:     They use —  they  use  almost a  steel

24    wool  type reinforcement that's packed into the concrete.

25                  AUDIENCE  PARTICIPANT:   But it  says  concrete.
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 1                  MR. NIXON:     It's reinforced concrete.

 2                  AUDIENCE PARTICIPANT:   Very  reinforced  concrete.

 3                            FORMAL COMMENTS

 4                  MR. CLAIRE:    Any other questions,  guys?

 5                  MR. STEGNER:   If there are no other questions,

 6    we can proceed to the formal public comments period. We'll

 7    take them at this time.

 8                  All we would  ask  is  simply  you  say  your  name  for

 9    purposes of the court reporter before offering your comments or

10    questions,  and then as I said, we will go into our silent mode

11    now and simply listen to your comments,  take them and we will

12    respond to  them in the formal responsiveness summary that we

13    will provide to you.

14                  Yes, sir.

15                  AUDIENCE PARTICIPANT:  Can't you  surmise  from

16    our questions?

17                  MR. STEGNER:   You don't have  to say anything, as

18    I said. We  can — if  you do want something responded to

19    formally or you do want to go on the record formally.

20                  MR. CLAIRE:    Why don't we go ahead.  If  nobody

21    else has got anything to say. Why don't we let some of the

22    guests --

23                  AUDIENCE PARTICIPANT:   I've  got just  one  item.

24    I think it's important to consider energy consumption for the

25    national interest.
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 1                  MR. BECHTEL:   My comments  are as  a citizen.  The

 2    Community Advisory Board may be commenting,  so for the record,

 3    my name is Dennis Bechtel,  319 Encima Court, Henderson,  Nevada,

 4    and a few items,  and I'm going to read part of it and I'm just

 5    going to paraphrase part of it, and I have a copy for you.

 6                  There were several references  in the -- in the

 7    documents that I  had about, you know, the rural  environment or

 8    the sparse population of Nevada, and, you know,  the total

 9    program is going  to be involved with — you know, the disposal

10    of the waste and  the transport of the waste.

11                  So my concern  as  a Nevadan  is  that  southern

12    Nevada is experiencing some fairly rapid growth,  you know,  over

13    the last several  decades,  and I think that that  will probably

14    continue over the next — who knows, until we run another of

15    water, I guess.

16                  But the concern  I have  is that  the  area is

17    isolated now, and of course the test site will probably

18    continue to be isolated, although parts of it are transitioning

19    to other uses, that it's not — it's kind of misleading to  make

20    statements like  that in justifying, you know, say the project,

21    I think the project needs to stand on its own merits.

22                  The fact  that  although  it's an  isolated site,

23    there's some concern about contaminants going off or, you know,

24    at least migrating from where it was originally  intended for

25    the nuclear testing.
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 1                  So I think — I think the disposal needs to —

 2    the citizens of  Nevada need to be assured that -- that the

 3    concrete containers,  which I also have some — maybe some

 4    personal concern about over the long-term,  that --  that the

 5    waste is able to is -- be isolated from the -- from the

 6    accessible environment or from the public.

 7                  And  as  a justification,  I think  you need to make

 8    that case -- I know I get a number of volumes of material.

 9    Maybe you did make  it and I missed it, but  I think  that needs

10    to be the -- the point that the waste is -- that the public is

11    protected, both  from the  transportation of  the waste,  but also

12    long-term because the material could be dangerous for a long

13    period of time.  So  I want to make that item -- case.

14                  The  second, with regard  to the preferred

15    alternative — and  I think I spoke to this  when you all came

16    out here -- that yes, chemical stabilization probably has a

17    longer history.  It  is easier to make.

18                  There's been  some problems of vitrification, but

19    I think, you know,  the — there has been — there has been that

20    type of alternatives that have failed, and  I'm thinking of the

21    pondcrete at Rocky  Flats.

22                  I  know  you spoke to  this. Each site is

23    different, but it's very  much something that needs  process

24    control, and I am certain that -- well, I guess the concern I

25    have is that this is going to take place over time.
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 1                  People are going to leave, and that a process

 2    control that's institutionalized in our operation so we don't

 3    run into another pondcrete  situation,  and the fact that there

 4    is a -- I also agree.  I think vitrification,  despite the fact

 5    it may not have the history,  is probably a bit  more stable

 6    form.

 7                  So that's -- not saying  that chemical

 8    stabilization doesn't  work,  because it obviously works, too,

 9    but just so we don't run into situations like pondcrete.

10                  I also have concern about  the number of

11    shipments. You indicated at  our meeting last  week that's

12    pretty much the number of shipments are equivalent to

13    historical shipments that you've had out to the test site.

14                  One  thing that sort of gets  lost,  though, is the

15    fact that Nevada Test  Site  is -- will  be the  disposal site.

16                  It's  a disposal option for -- for  all the sites

17    in DOE complexes as I  understand it, and not  that everything's

18    going to come here, but you  will just  be one  of a number of

19    waste streams.

20                  So I  think —  this isn't really your fault, but I

21    think DOE nationally needs  to look at  the cumulative effects

22    since we're the end of the  funnel,  so  it's more than just your

23    shipments. There will  be other stuff coming,  too.

24                  Personally, and because  I  live in  the Las Vegas

25    Valley, I guess, but I'm gratified with your  encouraging
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 1    shippers,  your northern/southern option.

 2                  A little unclear on what the time  frames are

 3    between the north and —  whether you transition to the southern

 4    shipment.  I guess depends on the weather,  but I think the

 5    point of -- of concern I  have as a citizen is that risk could

 6    be less risk,  and it's my personal opinion that -- that we can

 7    debate about the danger of the material,  but the fact that DOE

 8    should --  and apparently  is -- Fernald,  at least, considering

 9    that you shouldn't put the shipments into places where there's

10    an opportunity for accidents.

11                  I think —  I think we all recognize that Murphy's

12    law, I know it's alive and we'll and I think that it's my

13    personal opinion that a more rural option is the way to prevent

14    potential  impact,  particularly in our area.  That's growing

15    fairly rapidly.

16                  So  I'm glad  to  see that. We still  have  in  the

17    Las Vegas  Valley,  we're marking out our growth, and one of the

18    areas that is growing is  the southwestern section of the valley

19    which coincides  with the  160 route,  and that's probably a split

20    with the 160 and 127 route in California.

21                  I do  think  there needs  to be some  sort  of  hazard

22    analysis.  Currently I don't -- 160 is a -- it's going to be

23    better than it is maybe three or four years  from now when some

24    of those other developments get on-line.  There's going to be a

25    lot more construction traffic.
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 1                  I mentioned routing.

 2                  The last item, state acceptance  and  community

 3    acceptance I think is very important. It's a little unclear in

 4    the documents.

 5                  You kind of mush everything  together, and  I  know

 6    that's one of the -- I guess the ancillary alternatives,  but I

 7    think nonetheless,  there are — all these other items are

 8    important, but  we are the community -- southern Nevada is a

 9    community that's going to have  to live with this.

10                  So I  think — and  your  response  here  is good.

11    I'm glad to see  it,  but -- and  I hope you'll take our -- our

12    concerns and questions into  consideration because,  you know,

13    again, it's a -- it's a long-term commitment for folks in the

14    area.

15                  So those are my comments,  and I  have  more  formal,

16    but --

17                  MR. STEGNER:   If  you can give me those,  also.

18                  MR. BECHTEL:   Sure.

19                  MR. CLAIRE:    Anyone else want  to say anything?

20    Any one of the  guests want to come forward and say anything?

21    Come on up to a  mic  here.

22                  MR. SHUDY:     Dale Shudy. I live out in Pahrump.

23    I had one question right off the bat.

24                  Did you -- in your transportation  costs, did you

25    consider using  intermodal or not?
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 1                  And then while your testing of the containers

 2    sounds fairly good,  I would assume at 50 miles  an hour on a

 3    highway,  that a collision would probably rupture the container.

 4                  I would just like to state for the record that

 5    Nye County as it sits now is  not really prepared to handle that

 6    type of an accident.

 7                  I guess that's really all I have  to  say.

 8                  MR. CLAIRE:    Anyone  else want to make  any

 9    comments  or statements?

10                  John. Go ahead.

11                  MR. PHILLIPS:  Just  recently we had hearings

12    about the workers that had their health impacted adversely and

13    the Federal Government's  going to  reimburse  them, and my

14    concern is we've said that there's the health  and safety issue

15    and we just need to feel  a little  more comfortable that we're

16    not going to repeat history by having ten,  twenty years from

17    now the same thing,  a hearing where  people  are  saying that

18    their health was impacted.

19                  So I think  that we need to specifically  learn

20    from history and make sure we're not going  to  have a repeat

21    situation and we're getting into robotics.

22                  Maybe that  may be something that  needs to be

23    looked at where we  minimize the environmental  impact on the

24    human beings and that robotics --  robots get involved in this

25    at the beginning and at  the end of this shipment. That may be
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 1    an area that you might want to look at.

 2                  MR. CLAIRE:    Okay.  Anybody else?  Comments?

 3                  Don, do you want to  say something?

 4                  MR. CLOQUET:   Yes.

 5                  On behalf of the Native Americans, I would like

 6    to state that the Western Shoshone and their individual nations

 7    within the Great Basin region are opposed to all high-level and

 8    low-level nuclear waste issues,  particularly the Yucca Mountain

 9    Project, which has been stated numerous  times by my dear

10    friend, Corbin Harney,  who's  a Western Shoshone Indian.

11                  And I don't see him  here today, but  I certainly

12    have a lot of respect  for his thought and wisdom and foresight,

13    and also I've also known the  area myself, and I predict that

14    the nuclear test site,  1,380  square miles, we're talking about

15    various entities up there.

16                  We have the proposed Kistler Aerospace

17    Corporation that's going to be located up on that mesa. We

18    have low-level nuclear waste  areas of the test site already

19    that we get from various entities like Oak Ridge and other

20    areas,  perhaps from Idaho and Hanford,  perhaps and other areas

21    cause low-level nuclear waste coming in  daily, and I'd like to

22    repeat my friend Dennis that  this is a tremendously growing

23    area here in Las Vegas and I  don't know  if you — if you want

24    to go down to Spaghetti Bowl  as I see at this moment,  you're

25    probably going about 3 miles  an hour.
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 1                  The population of Las Vegas is 1,300,000 people

 2    and there are estimated 17,000  Native Americans that are

 3    residing in this area.

 4                  We all have really concerns of the transportation

 5    of low-level and high-level  nuclear waste if it ever comes to

 6    southern Nevada  here,  and we have  the Native Americans.  Just

 7    for point of information,  we have  our own agenda with regard to

 8    this issue.

 9                  Thank you.

10                  MR. CLAIRE:    Dale,  did you want to  add

11    something?

12                  MR. SHUDY:     It's  not on the proposal.  It's

13    basically on the public hearing process.

14                  As you may notice, I'm  the  only  one here from Nye

15    County.  One of the  only reasons for this appears to be that  we

16    received notice  that the CAB meeting itself  was canceled for

17    this month.

18                  Then a notice came out  about  a little over  a week

19    ago stating that this  meeting would be February —  or Mar —

20    May 5th,  which is this  Friday,  and it wasn't until  yesterday

21    that I actually  learned this meeting is today.

22                  That's kind of a short  response  period  for  people

23    who live out in  Nye County to get  into a public hearing like

24    this.

25                  I hope that next time  that  we'll  get a  lot  more
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 1    warning of a public hearing.

 2                   Thank  you.

 3                   MR.  CLAIRE:    Okay. Well, we're pretty well  on

 4    schedule here.

 5                   MR.  STEGNER:   We thank you very much.

 6                   MR.  HAGEN:     We appreciate you coming out.

 7                   (The meeting  concluded at 5:52 PM).

 8

 9

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 1    STATE OF NEVADA              ]
 2    COUNTY OF CLARK              ]
 3              I,  the undersigned, hereby  certify  that  the  foregoing
 4    proceeding was by  me stenographically reported and that I have
 5    accurately and truthfully subscribed to time and place; that
 6    the foregoing proceeding is a full,  true and complete record of
 7    said testimony; and that the subject or subjects of this
 8    transcript were given an opportunity to read and correct said
 9    transcript and to  subscribe the same.
10              I  further  certify that  I am not  of  counsel,  attorney
11    nor associated with either or any of the parties in the
12    foregoing caption  named, or in  any way interested in the
13    outcome of the cause discussed  in said action.
14
15
                                        IN WITNESS  WHEREOF,  I have
16                                                       ,
                                        hereunto sen my iptand this
17
18
19

                                        7
21
22
23
24
25
                                    B-ll-53

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           ATTACHMENT B.III
  WRITTEN COMMENTS RECEIVED ON THE
PROPOSED PLAN FOR REMEDIAL ACTIONS AT
             SILOS 1 AND 2
                 B-lll-1

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                                Joanne Wilson
                              43  Carousel  Circle
                             Fairfield,  Ohio  45014

                                April 21,  2000

Mr. Gary Stegner
Department of Energy
PO Box 53705
Cincinnati, Ohio 445253-8705
Fax 1-513-648-3073

RE:   The proposed disposal of the contents of the K-65 silos at
Fernald Facility, Ross, Ohio.

Dear Mr. Stegner:

      We have talked several times concerning the issues of recycling
the product material in the K-65 silos so in s that the radium
contained in them can produce four alpha emitting isotopes now needed
in new and successful treatment of cancer, such as leukemia and
non-Hodgkin's lymphoma.

      We also spoke of several alternate recycling methods. One was
the removal of the waste product material completely from the site
without site processing. This would involve the search for a facility
and/or commercial company familiar with separation and processing of
radioactive material to receive this material and process it to
produce the isotopes.

      This alternative would avoid the vitrification or chemical
stabilization, cement-based process, now planned by the Department of
Energy and would save the taxpayers many millions of dollars by
avoiding these very expensive processes.

      I feel this question of alternatives should be raised at this
time, in light of the need and present use, by the medical community,
for the four isotopes, namely Bismuth 213, Bismuth 212, Actinium 220
and Actinium 225, which can be produced from the radium 226 in the
silo material.

      Is the Department of Energy doing anything to preserve,
retrieve, and recycle the approximately 10 pounds of valuable Radium
226 the in the K-65 silos?

      I believe that the Fernald radium can provide isotope material
for treating thousands of cancer patients and that this matter is so
important that the Department of Energy arid other involved agencies
should be exploring ways of recycling this radium instead of
disposing of it in Nevada.
                                    B-lll-2

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      It is understandable that five years ago, in 1995, the great
contribution that the Fernald radium would be able to make to the
treatment of cancer was just beginning to be known. Now, it is known,
and I believe that the Department of Energy and other agencies must
make the retrieval and recycling of this radium a top priority,
regardless of past plans or ideas.

      I urge the Department of Energy and all other agencies to
actively consider and pursue this matter.
                                      Joanne Wilson
                                     B-lll-3

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 To:
 Company:
 Department:
 Telephone:
 FAX:
 Date: 05-18-00
Gary Stegner
U.S. Dept. of Energy
Public Information
(513)648-3153
(513)648-3073
          Time: 02:20 am
From:           Gerald L. Gels
Company:       Prof. Radiological Service
Telephone:      (513)661-9457
FAX:           (513)661-8654

Pages (incl. Cover): 2
Gary:

Attached are my comments fnr the Proposed Plan for Silos 1 & 2 Remedial Actions.
 ('  Lyt/iJ,
Gerald ETGeLs
261 OMooirgdale Ci
Cincinnati, OH 45211
                                                B-lll-4

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Comments on Revised Feasibility Study/Proposed Plan for Silos 1 & 2 Remedial Actions

SPECIFIC COMMENT:    In the "Revised Proposed Plan for Remedial Actions at Silos 1 and 2," March 2000,
the Comparative Analysis Summary, Figure 7.2-1, contains two (of the 7 evaluated) parameters that seem, on the
surface at least, to have a bias toward chemical stabilization. The category of "Long-Term Effectiveness and
Permanence" is rated as "neutral." And the category of "Short-Term Effectiveness" is rated as favoring chemical
stabilization.
      In the "Long-Term" category, considering the long half-life of tire 226Ra (1600 years), vitrification seems
to be clearly favored. The immobilization of the radioactive constituents, particularly  226Ra and 222Rn, seems to
definitely favor the vitrification option. In the "thousands of years" time frame, glass material should experience
very little degradation, while the same cannot be said for cement products.
      In the category of "Short-Term Effectiveness," the rating favors chemical stabilization, presumably due to
the shorter projected time schedule for chemical stabilization. The radon release from either process will be very
close to 100%. Note that the recommended method of removal of radon from drinking water supplies is aeration.
While the vitrification alternative will result in a longer-term period of (potential) radon release, the lower amount
of material handled per day should result in a lower daily dose to workers and nearby residents. Because of the
reduced effectiveness for radon retention, the chemical stabilization alternative would not be favored in the short
term, as the processing is carried out. This category seems to slightly favor vitrification or, at a minimum, be rated
neutral.

GENERAL COMMENT: While the preceding specific comments may seem to favor the vitrification the
philosophy of remedial actions for the K-65 residues should be examined. Up to 80% of the 226Ra available for
scientific and/or medical use in this country is contained  in the two K-65 Silos. Vitrification would tie up those
radium atoms in a glass matrix from which they would be very difficult to retrieve. While separation and
concentration of the radium (approximately 4000 curies,  equal to about 10 pounds of 226Ra) from the bulk of the
residues would be a difficult and expensive technological task, it is not at all beyond present day capabilities. The
advantages of this approach are enormous, and certainly worthy of consideration. First, the radium would be
available for use into the future. From a potential medical perspective alone, this 10 Ib. of material could become
an invaluable resource in the near future - a resource that we currently have no alternative for. Vitrification (or
chemical stabilization, to a lesser extent) would make that material much more difficult to access. Second, the most
radiologically dangerous nuclide in the K-65 Silos is 226Ra. Concentrating and removing this radionuclide from the
remaining residues will allow the disposal of those materials with much less concern for the release and possible
pathway to the population for 226Ra which has a very long biological and radiological half-life along with emission
of alpha particle radiation.  It could also possibly allow for recovery of the gold from the residues in a relatively
uncontaminated state. Third, the removal of 226Ra would take a large fraction of the gamma ray emitting radionuclides
with it (214Bi and 214Pb). These gamma-emitting nuclides are the immediate progeny of 226Ra and 222Rn, and have
relatively very short half-lives. So, all three of the major hazards in the K-65 Silos are associated with the 10 Ib. of
226Ra distributed through the contents of Silos 1 and 2. The possible intake of 226Ra (with its extremely low Annual
Limit), the direct radiation from radium and its short-lived progeny, and the seemingly uncontrollable release of
222Rn will all be removed from the remaining residues and will be concentrated (and will thus be controllable) with
the 10 Ib. of  226Ra.

GENERAL COMMENT: The remediation of the K-65 Silos, by whatever method is selected, needs to include
environmental health physics  analysis focusing on all the K-65 radionuclides, but particularly on 22eRa and releases
of 222Rn. Current real-time radon data from FEMP and Ohio EPA indicate that off-site radon concentrations - at
the west fence of the FEMP and at Crosby School, 2 miles away - are significantly greater than background. These
concentrations have yet to be  acknowledged as being different than natural background, although September 1999
outdoor concentrations at a distance of 2 miles from the K-65 Silos averaged 1.3 pCi/L, with many individual
hour-long averages at concentrations equal to or greater than 3 pCi/L. The level of 3 pCi/L is ten times higher than
the average background radon concentration expected for this part of the country, and the average for the month is
more than four times the expected background concentration. The failure to recognize and address this issue
indicates the possibility that proposed radon control measures for Silos 1-3 removal and Accelerated Waste
Retrieval may need re-evaluation by experts in those areas. To date, neither the Critical Analysis Team (CAT) nor
Fernald engineers have demonstrated sensitivity to these issues.

Gerald L. Gels, CHP
2610MorningdaleCt.
Cincinnati, OH 45211
(513)661-9457


                                                  B-lll-5

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                                                                FERNALD
                                   Mr. Kenneth A. Moore        1  H P
                                     4470 Classic Drive          LU b
                                   Cincinnati Ohio 45241        HflT J7
                                      (513)489-4470
                               e-mail-kmoore2@cinci.rr.com  ZTff p.

                                                               LIBRARYi
May 11,2000
U. S. Department of Energy
% Mr. Gary Stegner
DOE-FEMP Public Affairs Officer                                                 ^
P.O. Box 538705                                                                  °jDs
Cincinnati, Ohio 45253-8705                                                           ^

RE: Silos 1 & 2 Public Hearing

As a member of the Fernald Citizens Advisory Board I was invited to attend a Public Hearing on April 25,
2000 conducted by the U. S. Department of Energy (DOE) to receive comments pertaining to the Silos
1 and 2 proj ect. There were two speakers at the hearing, Dr. Joanne Wilson, Physician and Mr. Jerry Gels,
Health Physicist, who presented information about the possible positive health benefits of the radium stored
within Silos 1 and 2, the largest single source of radium in the world. They presented information that
indicated studies are currently being conducted and funded by U. S. Government, using radium which might
lead to a treatment for  certain types of cancer with reduced side effects. They indicated that the proposed
treatment of the Silos 1 and 2 materials would render the radium useless for future bio-medical purposes.

The DOE has an opportunity and a responsibility to mankind to fully evaluate and fund research into the
bio-medical benefits of radium before the Silos 1 and 2 materials are permanently lost for that purpose. Jf
we fail to act in a responsible manner and dispose  of the radium and then discover that radium is a
bio-medical asset, the costs, both monetary and environmental would be significantly higher for new radium
production and would far outweigh the cost of storing the existing radium in a form that would not degrade
it for bio-medical purposes.

Everyone involved with the Fernald Environmental Management Project has a mission of remediation for
the site through decontamination and dismantlement. However, we should not have such a narrow view as
to overlook the possible bio-medical benefits of radium, which could provide significant health benefits for
society. Will the legacy of Fernald be forty years of cold war activities and fifteen years of cleanup costing
billions of dollars or the use of cold war radium for world wide bio-medical cancer treatment in the 21st
century?
                                           B-lll-6

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How can the radium be extracted for bio-medical purposes while maintaining a realistic timetable for the
safe removal  of the other Silos 1 & 2 materials? It is being proposed that the Silos 1 & 2 materials be
moved to a Transfer Tank Area and placed into metal storage tanks prior to the recommended chemical
stabilization-cement alternative. The November 1999 Silos Report indicates that there is as much as four
and one-half years (54 months) available for extraction of radium prior to the start of operations. It would
appear that a private commercial organization could implement a radium extraction process within that time
frame. Even if the time frame for commencing operations was extended by a year or two, the benefits
would far outweigh the incremental time lost.

The single most responsible action that DOE should take would be to fully evaluate the use of Radium from
silos 1 & 2 for bio-medical purposes prior to implementing the Revised Proposed Plan for Remedial
Actions at Operable Unit 4 (Silos 1 & 2). This would include preplanning to identify private commercial
operations.

The intent of this letter is to assist others who are actively trying to identify radium as a treatment for cancer
and to save a vital resource for that treatment.

Sincerely,
Kenneth A. Moore
                                            B-lll-7

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3686 Cincinnati-Brookville Road
Hamilton, Ohio 45013-9011
                                                    FILE:J[£M,5H
                                                           n v
May5, 2000                                         LIBRAKT:	

Mr. Gary Stegner
U. S. Department of Energy
Fernald Environmental Management Project
P.O.  Box 538705
Cincinnati, Ohio 45253-8705

SUBJECT:  PUBLIC COMMENTS ON PROPOSED PLAN (CHEMICAL
            STABILIZATION VS. VITRIFICATION) FOR REMEDIAL ACTIONS
            AT SILOS 1 AND 2, DOE-FEMP DUE MAY 18, 2000

Dear Mr. Stegner:

We conclude that chemical stabilization of subject toxic materials should be the
preferred treatment alternative because it meets the threshold criteria and provides the
best overall balance of tradeoffs compared to vitrification.

The above conclusion was influenced by information from the following three sources:

      1.    Silos update meeting on April 25, 2000 (6:30-8:30 p.m.) at the Alpha
           Building, Room 0,10967 Hamilton-Cleves Highway, Harrison, Ohio.

      2.    Revised proposed plan for remedial actions at Silos 1 and 2, Report
           #40700-PL-0001 DOE-FEMP dated March, 2000.

      3.    Executive Summary Revised Feasibility Study for Silos  1 and 2, Report
           #40730-RP-0001.

Because there is no natural safety barrier which would prevent toxic particulates,
fumes, gases or vapors from being quickly transported from FEMP operations by
average 9 MPH wind speed to its nearest residential neighbors in a matter of minutes,
engineering controls must be designed and maintained to prevent any off-site migration
of toxic chemicals. Negative air pressure engineering enclosures should be employed
and maintained to assure that people on and off site do not breathe in any dust or toxic
chemicals. Safety and health of the FEMP workers and the public must not be
compromised.

      Sincerely,             	f
                          ~'
         Walter


                                    B-lll-8

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REVISED PROPOSED PLAN FOR REMEDIAL
                ACTIONS AT
        SILOS 1 AND 2 (40700-PL-001)
            Statement of Dennis Bechtel
                319 Encima Court
                Henderson, Nevada
                  May 3, 2000
                     B-lll-9

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   REVISED PROPOSED PLAN FOR REMEDIAL ACTIONS AT
                     SILOS 1 AND 2 (40700-PL-001)

                         Statement of Dennis Bechtel
                        Resident of Henderson, Nevada

My name is Dennis Bechtel. I am a resident of Henderson, Nevada. Although I am a member
of the Nevada Test Site-Community Advisory Board my comments are as an individual and
don't represent the views of the Nevada Test Site Community Advisory Board. I appreciate
the fact that Fernald is holding a public hearing in Nevada on this issue. Too often public
hearings and the review  of public documents do not include all parties that would be
impacted by a project.  In this case there is a site being remediated and a site that is accepting
the waste. Both parties should be party to reviewing the proposed plan.

1.  The Nevada Test Site (NTS) setting. The Proposed Plan notes that the Nevada Test
    Site is located "in a sparsely populated, arid environment with a low potential for
    leachate generation  . . . migration, . . .". On the bottom of Page 7-6 of the Summary
    Proposed Plan it also alludes to the isolation of Southern Nevada as being a reason in
    the event of long-term degradation of engineered features or loss of institutional
    controls . .  . ensure the protectiveness of human health and the environment is
    maintained.

Southern Nevada has,  of course, experienced rapid growth over the past several decades, a
trend that it appears will continue in the future. Because the County is becoming increasingly
urbanized, however, it should be noted that the communities that could be affected by issues
such as the transportation of the nuclear waste are  no longer small and isolated.  Clark
County, for example, has a population that exceeds 1.4 million.

Accordingly, the increasing numbers of Southern Nevadans in the future and the potential
risk involved could make comments such as these inaccurate. Likewise, recent monitoring
information seems to provide evidence that the
                                    B-lll-10

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migration of radioactivity from areas of weapons  testing  may be  more extensive  then
previously thought.

    The rationale for storage of radioactive waste at the NTS should not be supported
    because of the isolation of Southern Nevada (which is changing rapidly) but rather
    because the disposal facility will be designed to ensure that the resident population
    potentially impacted will be protected.

2.  The Preferred Treatment Alternative. Chemical Stabilization (CS) is the preferred
    treatment alternative for treatment and disposal of the Silos 1 and 2 wastes. The CS
    alternative (CS,  as  we  understand it,  is  now  one  alternative) is preferred  to  the
    Vitrification (VT) alternatives for a number of reasons including experience  in use,
    lower cost, lower toxicity, health and safety concerns, and lower O & M costs. While
    the rationale  presented  seems reasonable we're aware, however,  that a similarly
    stabilized waste material,  Pondcrete [sic] at the Rocky Flats Department  of Energy
    (DOE) facility experienced problems in maintaining integrity. Vitrification although
    more complex in development seems to demonstrate more long-term integrity.

    The Plan shoulddocument how the Chemical Stabilizationprocessproposedat Fernald
    will, if selected, avoid the degradation that occurred at the Rocky Flats facility? Will it
    maintain its integrity over the life of the risk to the public and environment. Also, it is
    uncertain in the documents whether the CS material meet the State of Nevada Waste
    Acceptance Criteria?.

3.  Number of shipments.  The number of shipments for the preferred CS  alternative is
    considerably higher than that for the VT  option. At a recent meeting DOE/Fernald
    personnel noted that the  proposed Silo shipments to the  NTS are equivalent to current
    shipment levels. The NTS, however, was recently named as one of two  sites that can
    receive low-level and mixed low-level radioactive waste from all DOE sites throughout
    the
                                      B-lll-11

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    Complex. Fernald thus will be only one of many sites transporting waste to the NTS. As
    a number of DOE plans this avoids discussion of cumulative impacts- e.g., the Fernald
    shipments plus those from other sites using the NTS.

    Since the majority of Fernald shipments may occur during the same time frame as
    shipments from other sites, DOE needs to evaluate these shipments in a cumulative
    sense. In addition to listing shipments from Fernald, DOE must provide information to
    enable the public to understand the totality of shipments from DOE sites to the NTS to
    enable  the public and governments to understand how these shipments add to the risk.

4.  Routing of nuclear  waste shipments. Transportation information in the Planning
    documents indicated that truck shipments carrying Silos 1 and 2 wastes will continue to
    utilize  the Northern and Southern routing  options described in the Proposed Plan.
    DOE/Fernald  continues to be  responsive  to  the  concerns  of Southern Nevadans
    associated with transporting the  Silos waste  through a  rapidly growing  area with
    congestion and, therefore, a greater potential for accident.

    While it appears that DOE/Fernald is actively involved in encouraging certain routes
    for the  transportation of the waste to be used, it is unclear why, based on the experience
    of the Waste Isolation Pilot Project (WIPP) with the transportation of waste, that routes
    can be specified in contracts. Also needing to be noted is how DOE/Fernald intends on
    monitoring the  shipments to ensure that  their carriers comply with the routing
    designations  and Department of Transportation criteria.  Tourism is,  of course,
    Nevada's bread and butter. Given the fact that rightly or wrongly the public does not
    distinguish between types of low-level radioactive waste, it is important that DOE avoid
    situations that could potentially adversely impact our economy and quality of life.
                                      B-lll-12

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5.  State Acceptance/Community Acceptance. The Program Planning document needs to
    describe how the State Acceptance and Community Acceptance criteria are defined,
    analyzed and weighted by DOE in selecting a preferred alternative.

    Community acceptance, of course, should be more than the statements of those
    attending public hearings. It should be the total record of meetings with communities
    and stakeholders. The record of community acceptance should be derived from a
    number of sources and not merely the results of one hearing.

Thank you again for convening the meeting in Southern Nevada. We look forward to Fernald
and the Nevada Operations office to considering my comments.
                                     B-lll-13

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 2437 LOSEE ROAD
 NORTH LAS VEGAS, NV 89030
 PH: 702/633-5300, EXT. 232
 FAX: 702/633-5200
 E-MAIL: NTSCAB@aol.com
COMMUNITY
ADVISORY BOARD
Fax
To:
Gary Stegner
From:
Phil Claire
Pages:
Date:
Re:
05/18/00
Comments on Revised Proposed Plan
for Remedial Actions at Silos 1 and 2

cc:


Herewith  is the Comments  from the Nevada Community Advisory Board and the Low-Level Waste
Committee on the Revised Proposed Plan for Remedial Actions at Silos 1 and 2 (40700-PL-001) - Fernald,
Ohio.

If there are any questions, please contact us.

Regards,
Phil Claire
Chair, NTS CAB
                                     B-lll-14

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    ^
       •Community  Advisory Board
•v  <$*  A Site-Specific Environmental Management Advisory Board
ft?       Chartered  Under the U.S.  Department of Energy
Phillip Claire, CAB Chair
Cynthia Ortiz, CAB Vice Chair

Dennis Bechtel, Chair
 Transportation/LLW Committee
Kent English
Dr. Peter Krenkel, Chair
 Program/Public Outreach
 Committee
Stephanie Lawton
Richard Nielsen, Chair
 Environmental Management
 Committee
Richard Nocria, Chair
 Stewardship/Future Land Use
 Committee
Cynthia Ortiz, Chair
 Budget Committee
 Diversification Committee
Frank Overbey. Jr.
John Pawlak
Dr. Darrell Pepper
John Phillips
Kenneth Reim
Paul Ruttan
Connie Simkins
Michael Williams
David Wise

Ex-Officio Members

Carl Gertz
 U.S. Department of Energy,
 Nevada Operations Office
Dave Bedsun
 Defense Threat Reduction
 Agency
Paul Liebendorfer
 Sfafe of Nevada Division of
 Environmental Protection
Dan Simmons
 A/ye County Nuclear Waste
 Repository Office
Frank Tussing
 Nevada Allaince for Defenes
 Energy and Business

Technica! Advisor
Earle Dixon

Support Staff
Jin Gorman
Kay Planamento
               May 18, 2000



               Mr. Gary Stegner

               U.S. Department of Energy

               Fernald Area Office
               P.O. Box 398705
               Cincinnati, OH 45239-8705


               Subject:    Comments from the (CAB, LLW Committee) on the Revised Proposed Plan

                          for Remedial Actions at Silos 1 and 2 (40700-PL-001) - Fernald, Ohio


               Dear Mr. Stegner;


               Attached are comments from the Nevada Test Site Community Advisory Board (NTS-CAB)
               to the Revised Proposed Plan for Remedial Actions at Silos 1 and 2 (40700-PL-001)

               developed by the Department of Energy  (DOE) for remediation  activities at the  Fernald
               Environmental Management Project (FEMP) in Ohio.


               We have appreciated the opportunity to comment on the Revised Proposed Plan  and the

               efforts expended by the Femald project office staff to meet with NTS-CAB  members and
               public on issues associated with the Plan. The NTS-CAB and Nevada community and Fernald
               personnel, of course, have collaborated on issues of mutual concern over the past several
               years. We hope that this relationship and dialogue will continue on future issues.


               Thank you again for the opportunity to respond. If there are questions please contact us.


               Sincerely,
               Phil Claire, Chair
               Nevada Test Site Community Advisory Board
               (Chair LLW/Transportation Subcommittee)
                            cc:
                    Carl Gertz

                    Kevin Rohrer

                    CAB - Fernald
  2437 Losee Road
  North Las Vegas, NV 89030-4233
                                         Phone: 702/633-5300 Ext. 232
                                         Fax: 702/633-5200
                                                     B-lll-15
E-mail:     NTSCAB@aol.com
Home Page: http://www.univedu/Colleges/
            Urban/cab/cabmain num

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                                 Comments of the
       Nevada Test Site Community Advisory Board (or Low-Level
            Radioactive Waste Transportation Committee) to the
       Revised Proposed Plan for Remedial Actions at Silos 1 and 2
                       (40700-PL-001) - Fernald, Ohio

The following are comments by the Nevada Test Site Community Advisory Board to the Revised
Proposed Plan for Remedial Actions at Silos 1 and 2 (40700-PL-001)

1.     The Nevada Test Site (NTS) setting. The Revised Proposed Plan notes that the NTS is
       located "in a sparsely populated, arid environment with a low potential for leachate
       generation., [and pollutant] migration, ..." . On the bottom of Page 7-6 of the Summary of the
       Revised Proposed Plan it is also noted that the isolation of Southern Nevada as being a reason
       to select the NTS location " in the event of long-term degradation of engineered features or
       loss of institutional controls . . . [that the isolation would] ensure [that] the protectiveness
       of human health and the environment is maintained''

       What is not apparent in reading the document is that Southern Nevada has become a major
       population center. Rapid growth in Southern Nevada has been experienced over the past several
       decades, a trend that is projected to continue well into the future. The Amargosa Valley and
       Pahrump in Nye County adjacent to the NTS are experiencing unprecedented growth. The
       population of Clark County, through which of many shipments of radioactive waste from Fernald
       over the years, is projected to grow from 1.3 million in 1999 to an estimated 2.5 million in 2020.
       The potential risk to increasing numbers of Southern Nevadans from all activities  associated with
       the project, including the transport of the waste, needs to be better described in the report.

       The storage of radioactive waste at the NTS should not be justified because of the isolation
       of the sire but, rather, because the disposal facility has been designed to ensure that
       contaminants will not impact residents and the environment in Southern Nevada

2.     The Preferred Treatment Alternative. Chemical Stabilization (CS) is the preferred treatment
       alternative for Silos 1  and 2 wastes for a number of reasons including experience in use, lower
       cost, lower toxicity to workers as well as lower operations and maintenance costs. While there is
       a rationale to justify its selection, we are also aware that there have been problems with premature
       degradation from similarly stabilized materials.

       The Proposed Revised Plan should include documentation describing how the Chemical
       Stabilization process proposed would avoid degradation. Related questions would include
                                        B-lll-16

-------
       how the CS would compare to VT in maintaining its integrity over the period of danger of
       the waste (on-site) and as a result of a highway accident. It is also unclear in the Plan
       whether the CS material will meet the DOE/NV Waste Acceptance Criteria (WAC).

3.      Number of shipments. The total number of shipments specified for the preferred CS alternative
       are almost double the number noted for the VT option. With the greater number of shipments the
       potential exists for more accidents with the CS alternative and more risk potential to the public.

       While a case has been made that CS is safer for workers than the VT alternative, one could
       also be made that twice the number of shipments on the highway would increase the risk to
       the public adjacent to transportation routes. More shipments provide the potential for
       additional accidents, as an example.  While the NTS CAB obviously supports minimal risk to
       Fernald residents and workers we also must consider minimizing risk to Nevada residents
       and visitors as well.  The VT alternative with fewer shipments will from a transportation
       perspective provide lower risk not just to Nevadans but others on transportation routes. We
       understand that several stakeholders at the Fernald site were also supportive of the VT
       alternative for similar reasons. There is no discussion of the use of rail in the Plan. Is this an
       option as well? The use of rail could reduce the total number of shipments and thereby also
       present lesser risk.

4.      Cumulative  impacts. The NTS was recently named as one of two sites  eligible to receive
       low-level and mixed low-level radioactive waste from all DOE sites being remediated. Fernald will,
       therefore, be only one of many DOE sites transporting radioactive waste to the NTS.

       Fernald will be transporting waste at the same time that other DOE sites will be shipping
       to the NTS. While not necessarily Fernalds problem this further substantiates why DOE
       needs to evaluate the potential cumulative affects of shipments from  all sites being
       remediated. While Nevada's, citizens and communities, at the "end of the funnel" for these
       shipments, will be offered the potential of experiencing more impacts, this, also will be a
       nationwide issue.

5.      Routing of nuclear waste shipments. The Proposed Revised Plan notes that truck shipments
       carrying Silos 1 and 2 wastes will continue to utilize the "Northern"  and  "Southern" routes
       currently being utilized. DOE/Fernald, therefore, continues to be responsive to the concerns of
       Southern Nevadans regarding the transportation of the Silos waste through our rapidly growing
       communities. Avoiding congestion and the greater potential for accident would be in the interest
       of DOE as well as Nevada's citizens..

       While it appears that DOE/Fernald is actively involved in encouraging certain routes for the
       transportation of the waste to be used, it is unclear why,  based on the  experience of the
       Waste Isolation Pilot Project (WIPP) with the transportation of its waste, routes cannot be
                                         B-lll-17

-------
       specified by DOE to shippers. The plan should also express how DOE/Fernald intends on
       monitoring on-going and future shipments to ensure that carriers are actually complying
       with Department of Transportation routing regulations.

6.      State Acceptance/Community Acceptance. The Proposed Revised Plan needs a description
       of how the State Acceptance and Community Acceptance criteria are defined, analyzed and
       weighted by DOE in selecting a preferred alternative.

       Community acceptance should include the history of meetings,  correspondence, interactions
       with stakeholders conducted by  DOE on this topic and not be solely from the public
       hearings.

1.      Equity. The naming of the NTS as one of two sites eligible for accepting low-level and mixed
       low-level radioactive waste, as noted earlier, also raises a number of equity-related questions.
       Nevada, by accepting waste is improving the health, safety and environment of residents and
       workers at other DOE sites. This also provides evidence of Nevada's further service to the nation
       on an important nuclear issue. In addition to the benefit to the nation in providing this service, there
       is also the added burden of stewardship and the associated future costs.

       Fernald, and other sites, in  remediating  their sites adds to the burden of the NTS and
       Nevadans. To restore equity as well as to ensure that future stewardship costs are defrayed,
       it is important that cost savings at sites being remediated be made available to the NTS to
       defray future stewardship costs.

8.      Energy Consuption. Analyses of energy consumption for the  various project alternatives is
       required under the National Environmental Policy Act of 1969. In selecting the disposal alternative
       and transportation mode (truck and/or rail) and routing, the alternative with the minimum energy
       consumption must seriously be considered by the U.S. Department of Energy, U.S. Department
       of Transportation, and carrier(s) as the preferred alternative.
                                          B-lll-18

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                         Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                        May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

 1.  The level of information presented tonight was:

        	  Not detailed enough

               Adequate

        	  Too detailed

        Please explain:


 2.  The presentation made use of a video explaining the Proposed Plan. Was this approach:

        	  Very useful

          y   Somewhat useful

        	  Not helpful at all

        Please explain:


 3.  I better understand the Proposed Plan for Remedial Actions at Silos 1 and 2 after hearing this
    presentation.

        	 Strongly Agree

          V^ Agree

        	 Disagree

        Please explain:
 4.  Please list specific questions or concerns you have about die SHos 1 and 2 Proposed Plan for
     Remedial Actions:
                                           B-lll-19

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5.  Please provide other comments about this meeting:

                                         ,
        4- -
    Questioa/Concera
    For more information about the Silos Project, please visit DOE's Public Environmental Information
    Center, 10995 Hamflton-Cleves Highway, Harrison, Ohio, 45030 or visit our Web site at
    www.fernald.gov.
                                             B-lll-20

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                          Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                        May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.
1.  The level of information presented tonight was:

        	  Not detailed enough
         j£    Adequate
               Too detailed
        Please explain: l/ft/w/
                          T
2.  The presentation made use of a video explaining the Proposed Plan. Was this approach:

        	  Very useful

         
-------
5. Please provide other comments about this meeting:
          AM - &JLAL  ~zA* Ate
                                                                  &bJL
6. If you would like a Fernald representative to contact you to clarify information presented tonight
   please provide the following information:
   Name:
   Affiliation:	
   Daytime Phone:	
   Question/Concern
   For more information, about the Silos Project, please visit DOE's Public Environmental Information
   Center, 10995 Hamflton-Cleyes Highway, Harrison, Ohio, 4S030 or visit our Web site at
   www.fernald.gov.
                                           B-lll-22

-------
                          Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                         May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

 1.  The level of information presented tonight was:

        .	  Not detailed enough

          V   Adequate

        	._  Too detailed

        Please explain:.


 2.  The presentation made use of a video explaining the Proposed Plan. Was this approach:

          V  Very useful

        	  Somewhat useful

        	  Not helpful at all

        Please explain:


 3.  I better understand the Proposed Plan for Remedial Actions at Silos 1 and 2 after hearing this
    presentation.

               Strongly Agree

               Agree

               Disagree
        Please explain:
 4.  Please list specific questions or concerns you have about the Silos 1 and 2 Proposed Plan for
    Remedial Actions:
                                    Contimied.0n.?eYerse.side-
                                           B-lll-23

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5.  Please provide other comments about this meeting:
6.  If you would like a Fernald representative to contact you to clarify information presented tonight
    please provide the following information:
    Name:
    Affiliation:
    Daytime Phone:
    Question/Concern^
    For more information about the Silos Project, please visit DOE's Public Environmental Information
    Center, 10995 Hamflton-CIeves Highway, Harrison, Ohio, 45030 or visit our Web site at
    www.fernald.gov.
                                               B-lll-24

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                          Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                        May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

1 .  The level of information presented tonight was:
               Adequate

               Toodetafled
Please explain:               l ?P » C  OwTV  O*
                                                                                P«*
2.  The presentation made use of a video explaining the Proposed Plan. Was mis approach:

        	  Very useful

               Somewhat usciiu
              t
        	  Not helpful at an

        Please explain:


3.  I better understand the Proposed Plan for Remedial Actions at Silos 1 and 2 after hearing this
    presentation,

        	* Strongly Agree

               Agree

               Disagree
        Please explain:
 4.  Please list specific questions or concerns you have about the SHos 1 and 2 Proposed Plan for
    Remedial Actions:
                                    Continued on reverse side-
                                           B-lll-25

-------
5.  Please provide other comments about this meeting:
6.  If you would life a Fernald representative to contact you to clarify information presented tonight
    please provide the following information:

    Name:.-	

    Affiliation:	

    Daytime Pnone:	
    Question/Concern
    For more information about the Silos Project, please visit DOE's Public Environmental Information
    Center, 10995 Hamflton-Cleves Highway, Harrison, Ohio, 45030 or visit our Web site at
    www.fernald.sov.
                                              B-lll-26

-------
                          Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                         May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

 1.  The level of information presented tonight was:

         	  Not detailed enough
            /*
         	"_   Adequate
                Too detailed
         Please explain:


 2.  The presentation, made use of a video explaining the Proposed Plan. Was this approach:

            /   Very useful

         	  Somewhat useful

         	  Not helpful at all

         Please explain:


 3.  I better understand the Proposed Plan for Remedial Actions at Silos 1 and 2 after hearing mis
     presentation.

         	  Strongly Agree

            y   Agree

         	  Disagree

         Please explain:
  4.  Please list specific questions or concerns you have about the SQos I and 2 Proposed Plan; for
     Remedial Actions:
                                     Connmied on reverse side-
                                           B-lll-27

-------
5.  Please provide other comments about this meeting:
6.  If you would like a Fernald representative to contact you to clarify information presented tonight
    please provide me following information:

    Name:	

    Affiliation: _^	

    Daytime Phone:	
    Question/Concern,
    For more information about the Silos Project, please visit DOE's Public Environmental Information
    Center, 10995 Hainflton-CIeves Highway, Harrison, Ohio, 45030 or visit our Web site at
    www.fernald.gov.
                                              B-lll-28

-------
                          Public Meeting Evaluation/Comment Card
                       Silos 1 & 2 Proposed Plan for Remedial Actions
                                        May 3, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

 1.  The level of information presented tonight was:

         	  Not detailed enough

         	   Adequate

         	  Too detailed

         Please explain:
 2.  The presentation made use of a video explaining the Proposed Plan. Was this approach:

        	  Very useful

           i/  Somewhat useful

        	  Not helpful at all

        Please explain:


 3.  I better understand me Proposed Plan for Remedial Actions at Sflos 1 and 2 after hearing this
     presentation.

        	  Strongly Agree

        	  Agree

        	  Disagree
         Please explain:
  4.  Please list specific questions or concerns you have about the Silos I and 2 Proposed Plan for
     Remedial Actions:
                    ^_^                   .                   _,                      ^
                                           B-lll-29

-------
5.  Please provide other comments about mis meeting:

                         Ca-uvJLj
6. . If you would like a Feniald representative to contact you to clarify information presented tonight
    please provide the following information:
    Name:
v_  Q *. >!L Jl  or
    Affiliation:
    Daytime Phone:
    Question/Concern,
   For more information about the Silos Project, please visit DOE's Public Environmental Mormation
   Center, 10995 Hamilton-Cleves Highway, Harrison, Ohio, 45030 or visit our Web site at
   www.fernald.gov.
                                             B-lll-30

-------
                    Public Meeting Evaluation/Comment Card
                 Silos 1 & 2 Proposed Plan for Remedial Actions
                                    April 25, 2000

The U.S. Department of Energy and Fluor Fernald would like your feedback about this meeting. Please
complete this evaluation form to help us better serve your needs. Thank you.

 1.  The level of information presented tonight was:

         >\    Not detailed enough

         \*4    Adequate

         X    Too detailed

       Please explain:


 2.  The presentation made use of a video explaining the Proposed PlanT Was" this approach:

         •>y    Very useful

         X    Somewhat useful

         £=*    Not helpful at all

        Please explain:


 3.  I better understand me Proposed Plan for Remedial Actions at SHos 1 and 2 after hearing this
    presentation.
               Strongly Agree

               Agree

           /*•  Disagree

        Please explain:
 4.  Please list specific questions or concerns you have about me Silos 1 and 2 Proposed Plan for
     Remedial Actions:
                                   Contnmed on reverse side-
                                         B-lll-31

-------
5.  Please provide other comments about this meeting:
6.  If you would like a Fernald representative to contact you to clarify information presented tonight
    please provide the following information:
    Affiliation:
    Daytime Phone:
    Question/Concern
    For more information, about the Silos. Project, please visit DOE's Public Environmental Information
    Center, 10995 Hamflton-Cleves Highway,'Harrison, Ohio, 45030 or visit our Web site at
    www.iernald.gov.
                                              B-lll-32

-------
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-------
TECO
INTERNATIONAL	Glass Plant Engineers & Contractors
       May 17, 2000

       Mr. Gary Stegner
       U.S. Department of Energy, Fernald Area Office
       P.O. Box 538705
       Cincinnati, OH 45253-8705

       Subject:    Comment on PDF Proposed Plan/Feasibility Study for Remedial Actions at Silos 1 and 2

       We appreciate the opportunity to comment on the Proposed Plan and Feasibility Study for Remedial
       Actions at Silos 1 and 2. Although we have concerns about the choice of technology, we have been
       impressed with the effort to inform your stakeholders and to elicit comment.

       We feel that the data and the analysis do not support the decision for Chemical Stabilization as the
       preferred treatment. Both the strengths of vitrification and the problems with chemical stabilization seem
       to have been understated. These concerns primarily focus on the following issues:

       4   The placing of reliance on the disposal container and the disposal site for protection of human health
           and the environment from the chemically stabilized waste, rather than the properties of the
           wasteform itself.

       4   The understating of difficulties experienced with the chemical stabilization technologies under the
           controlled conditions of the POPT demonstration, yet giving a favorable assessment of chemical
           stabilization based on extrapolated, undemonstrated, "results".

       4   The lack of optimization of the container scenario for the "VTT 1 technology which reduces the
           benefit of its inherent volume reduction.

       4   The favoring of chemical stabilization in the areas of process flexibility and schedule attainment while
           disregarding the commercial experience in glass furnace design, construction and operation of the
           VTT1 vendor.

       4   The favoring of chemical stabilization technologies based on experience on dissimilar waste
           materials, while disregarding the extensive commercial
  Toledo Engineering Co., Inc.
  2-iCO Executive Parkway
  3 0. 3ox 2927
  ~;ecc. Ohic -3606-0927 U.S.A.                         B-lll-35
  ">=5ci-,cre: -"9-537-3~"

-------
TECO
INTERNATIONAL
       May  17,  2000
       Mr.   Gary Stegner
       Fluor  Daniel  Fernald
       Page  2

          experience in glass furnace design, construction, and operation on non-waste, but more similar,
          materials by the VTT1 vendor.

       1.  Overall Protection of Human Health and the Environment:

          The Feasibility Study places heavy reliance on the packaging of the chemically stabilized wasteform
          and management of the storage site, especially when the stored waste is considered to require
          controlled storage for 1000 years. For cases of surface disposal (versus HLW repository disposal
          where protection is ensured by depth of disposal), long-term management and/or control cannot be
          guaranteed. The actual waste performance under such conditions should be a significant
          discriminator between the two technologies. The vitrified product possesses greater long-term
          durability and radon mitigation (106 times better) compared to the cement-stabilized product itself.
          The potential to provide longer protection to health and the environment seems to have been
          ignored.

       2.  Reduction of Toxicity, Mobility, or Volume through Treatment:

       a)  The large volume reduction offered by the "VTT1 process should have been given more weight. The
          packaged disposal volume from VTT1 represented only 24-26% of the volume predicted for the
          Chemical Stabilization technologies.

          In spite of the greatest volume reduction, VTT1 ended up with more shipments than the fritted waste
          form of "VTT2. Had FDF worked with us in optimizing our disposal/shipment package, we likewise
          would have had the fewest packages shipped. Instead, we continued under the expressed desire by
          FDF to minimize the wasteform volume. VTT1 should be reconsidered assuming use of the simpler,
          less expensive fritting.

          The VTT1 technology excelled in this area based on the perceived desire by FDF to minimize the
          wasteform produced. Based on the success in reducing the volume of treated waste, and the
          demonstrated performance of the wastes, the vitrification technologies should be 'Strongly
          Favored'.
                                               B-lll-36

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TECO
INTERNATIONAL
       May  17,  2000
       Mr.  Gary  Stegner
       Fluor Daniel  Fernald
       Page  3

       b)  The amount of secondary waste generated by vitrification technologies is very similar to that from
           the chemical stabilization. These differences are insignificant in terms of the total waste generated,
           and do not justify a 'Favorable' rating for the stabilization technologies.

       3)  Short-term Effectiveness- Worker Risk:

           The down rating of VTT1 due to potential risk of electrical shock and from working at heights
           ignores Toledo Engineering's experience in providing systems to the glass industry with exemplary
           safety records.  Our glassmaking systems are risk-engineered to force personnel safety. While we
           applaud making your work force a part of your decision-making process,  it is important that
           something not be considered "risky" just because it is not typical of the DOE processes. Certainly
           the excellent safety record at Fernald while working with the pervasive danger of radioactivity
           exposure is a testament that potential risk can be controlled and does not necessarily translate into
           injuries.

       4)  Short-term Effectiveness - Time to Achieve Protectiveness:

           The time to completion assigned by FDF for "VTT1 is 3 times that proposed by Envitco and is far
           too conservative.  The length of time to operation start is governed by assets applied and project
           management; not strictly by complexity of the task or system, and should be the same as for the
           cement-based system. Toledo Engineering is a commercial design and build firm serving the
           commercial glass industry and is used to increasingly fast-track projects.

           Treatment time could reduced by increasing the melter size and such an increase would have
           minimal effect on the total project cost. However, this approach was proposed to FDF, who
           refused any efforts to provide added capacity to shorten the treatment time. In the end, the
           perceived 'lack' of capacity and ability to accelerate schedule was considered a deficiency for
           VTT1.
                                                B-lll-37

-------
TECO
INTERNATIONAL
       May  17,   2000
       Mr.  Gary Stegner
       Fluor  Daniel  Fernald
       Page  4

       5)  Long-term Effectiveness:

           The Feasibility Study places heavy dependence on the packaging of the chemically stabilized
           wasteform and management/maintenance of the storage to accomplish the long-term effectiveness.
           This should not be a acceptable basis for control, considering the long-term risks associated with
           the wasteform (long half-life radionuclides, long-term dose, continued radon emanation). Control of
           the storage site was stated by PDF as required for 1000 years. This seems quite unlikely to be
           possible.

           The vitrified wasteform possesses much greater long-term durability and radon mitigation 105 to 106
           times better than the actual cement-stabilized product.

       6)  Implementability:

           Judgement of the VTT1 implementability should be based on the in-depth commercial experience of
           Toledo Engineering in addition to hazardous and radioactive glass experience. Use of high-level
           radio active waste vitrification examples should not be compared as analogous to low-level grout
           examples. Worldwide, hundreds of production glass furnaces run 24 hours/day, 7 days/week for 5
           to 15 years without a shutdown. Evaluation of VTT implementability based on high-level waste
           demonstrations, versus evaluation of grout implementability for low level and hazardous waste
           demonstrations is unfair, and biases the evaluation to down-rate vitrification. The inappropriateness
           of the argument as presented is best exemplified at the Hartford DOE site, where grout stabilization
           was canceled and replaced with vitrification, due to confidence in the process and wasteform.

           Operability and controllability of the  melter were questioned since some of the important properties
           of the glasses were not measured directly during operation. The model for glass composition and
           melter performance developed during initial operation and refined during operation allows accurate
           prediction of all properties and operating variables. This has been demonstrated very effectively at
           Savannah River and at the West Valley Demonstration Project.
                                                B-lll-38

-------
TECO
INTERNATIONAL
       May  17,  2000
       Mr.  Gary  Stegner
       Fluor Daniel Fernald
       Page  5

       7) Process Robustness/Reliability.

          Cement stabilization was shown to have a narrow window for acceptability without significant
          sacrifice in waste loading, as demonstrated by the failure of 11 of 12 formulations tested. These
          failures were both in leaching and compression strength. These factors are critical to process
          implementation, and these failures have been understated in evaluation of the process robustness,
          implementability, rework quantities, long-term protection, process control, and numerous other
          areas throughout the Feasibility Study.

          Product Rework was taken to be 1% of the product produced for all four technologies. This is not
          a valid assumption based on the actual 1/12 acceptable formulations of the Cement-Stabilization
          POPT demonstration. This low level of rework was not demonstrated, and it is doubtful that it can
          be achieved.

          The results of the Chemical Stabilization - Cement tests (page G 3-16, Line 20-25) show an
          increase in the cement content from 8.42 wt% to 12.11 wt.% increased the TCLP leaching from
          0.0144 ppm to 301 ppm lead. Based on this, the Stabilization-Cement process should not be
          deemed capable, considering expected variation in the waste, the water content, the analytical
          methods, and in the weighing of material additions.

          The robustness of the VIT1  process, even at 90% waste loading, was demonstrated by the number
          and breadth of glass formulations that were developed and still met the TCLP requirements.
          Significant variations in waste, or in process variation, could be accepted by the VTT process
          without significantly affecting product performance.

       8) Process Control:

          Process control for vitrification is based on qualification of the waste prior to melting, and
          verification of performance. These activities are in-process hold points, or near-process feedback
          points. Off-spec product is unlikely, and can be corrected quickly. None was produced during the
          extended POPT demonstration of VTT 1.
                                                B-lll-39

-------
TECO
INTERNATIONAL
       May  17,  2000
       Mr.   Gary  Stegner
       Fluor Daniel Fernald
       Page  6

          With the grout, determination of defective product cannot be made for a minimum of a week due to
          curing. Detection of process deviation or performance problems cannot be detected until the
          wasteform is fully cured, during which time numerous batches have been processed. This raises the
          question of whether the chemical stabilization process can operate within the very small-required
          working region, both in terms of chemical durability and processability.

          Several other problems were identified with the Chemical Stabilization processes in Section G.3.
          This was particularly prevalent with the cement-based stabilization, including flow characteristics,
          curing/hardening time and unbound water in the product. All of these indicate poor process control,
          giving unacceptable product. Based on the POPT data presented,  the stabilization-cement
          technology did not demonstrate process capability and should be significantly down-rated.

          Further difficulties were experienced with the chemical stabilization technologies (particularly
          cement) with meeting the TCLP leaching requirements. The FS suggested that the mix could be
          'tuned' to match the TCLP No. 2 leachant, i.e. so the pH of the TCLP tests will approach the
          minimum solubility of lead. This approach is a severe circumvention of the intent of the TCLP
          testing  process. These conditions are not likely in the NTS disposal cell and the waste may be
          exposed to lower or higher pH conditions that result in rapid degradation and/or leaching of the
          wasteform. Such "tuning" does not serve the long-term protection of the environment.

       9)  Transportation-Shielding Optimization.

          The VIT1  evaluation should be reassessed to include an optimized container and associated
          changes such as fritting as favored by the optimization. The VTT 1 design approach submitted by
          Envitco relied on a qualified container design by SEG as described in the POPT report. This
          container design was utilized at the suggestion of FDF. and Envitco understood that all technology
          providers would utilize this container.
                                                B-lll-40

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TECO
INTERNATIONAL
       May  17,   2000
       Mr.  Gary Stegner
       Fluor  Daniel  Fernald
       Page 7

          However, as reported in the Feasibility Study, the shipping and disposal containers for the other
          three technologies were specified following a container optimization exercise by PDF. The
          container design for VIT1 was not optimized, and provided approximately 155% the shielding that
          is required. The difference is significant in terms of waste per container, number of containers
          required, and ultimately a significantly increased number of shipments. This approach unfairly skews
          the transport costs, since the volume transported is 270% of the actual glass volume (i.e. packaging
          -170% of vitrified waste volume, 153% of the vitrified waste mass).

          The SEG container used by VTT1 was a qualified container meeting drop test requirements while
          the containers selected after optimization for the remaining three technologies were unqualified. If
          unqualified packaging is acceptable at this phase of the study, then PDF should re-assess the
          packaging for the "VTT 1 wasteform. This would include optimization of the wall thickness to meet
          the 70 mrem/hr requirement, and re-assessing the transport volume, costs and risks. It is not
          equitable to assess one technology based on an unoptimized, yet qualified container, while the other
          technologies  utilize unqualified, though dimensionally optimized containers.

       10) Cost:

          The cost data appearing in the FS for VTT1 was significantly different than that presented in the
          Public Workshop in November 1999. VTT 1 costs increased by over 25%, primarily due to cost of
          money and O&M costs. This magnitude of change did not appear in the cost assessments for the
          other technologies. It was not obvious to us why this would differ for the different technologies.

          VTT1  should be evaluated on the basis of at least 85-90% on-line time. The vitrification
          technologies were penalized for 24 hr/day, 7 day/week schedules, although this is not critical to the
          operation of either technology. This has, however, been  identified as an increased risk, increased
          cost, inability to recover schedule, inability to accelerate  schedule, and various other negatives in the
          assessment. The vitrification technologies focused on 70% utilization, a
                                                 B-lll-41

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TECO
INTERNATIONAL
      May 17,  2000
      Mr.  Gary Stegner
       Fluor  Daniel  Fernald
       Page  8

          utilization rate that is significantly lower than commercial glassmaking processes. It would be more
          accurate to consider the higher demonstrated utilization of the vitrification processes based on
          commercial history.

          VTT1 should be evaluated on the basis of supplying an initial 30 ton/day melter. The size of the
          Joule-heated melter presented in the conceptual design was based on requirements set in the
          contract by PDF, which called for a three-year treatment schedule, and a 70% maximum utilization.
          An advantage was awarded to Chemical Stabilization due to their ability to add capacity. This
          award does not seem justifiable. The VTT1 evaluation should be adjusted to include construction of
          a larger melter. There is no constraint on the size of the melter — the VTT 1 team has built
          commercial Joule-heated melters as large as 250 TPD. Construction of a 30 TPD melter to allow
          accelerated cleanup or allows for "catch up" can be done without a proportional increase in cost.
          There is no justification in requiring a second melter when assessing the need for additional
          capacity. A second melter is not required for additional capacity. A single 30 TPD melter could be
          designed and constructed at the start of operations and provide the same flexibility, reduced
          operating manpower, and accelerated treatment flexibility as has been deemed an advantage for the
          Chemical Stabilization technologies.

      We appreciate your consideration of our concerns.
        Dr, Dcmglm H. Davis
          r. Glass Technologies
                            • Co.,
                    &   ";
            fau.
        Mr, David Benaert
        President
        Innavatedi Services, Inc.
                                               E-lll-42

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             Geo
             2952 George Washington Way, Richland, WA 99352-1615
                    Corporation
                Advanced Vitrification
                Solutions International
                           (509) 375-0710 (v) (509) 375-7721 (f)
                                    E-Mail: geosafe@owt.com
                                Home Page: www.geomelt.com
                                        -n    =3=:
May 16, 2000
Mr. Gary Stegner
US DEPARTMENT OF ENERGY
Fernald Area Office
P.O. Box 398705
Cincinnati, OH 45239-8705
Mr. James A. Saric
US EPA, 5HRE 8J
77 W. Jackson Blvd.
Chicago, IL 60604
                                                                                      ro
                                                                                      to
GEOSAFE CORPORATION COMMENT ON TFffi REVISED PROPOSED PLAN FOR
REMEDIAL ACTIONS AT SILOS 1 AND 2

Dear Messrs. Stegner and Saric:

Geosafe Corporation herein submits its comments on the Revised Proposed Plan for Remedial
Actions at Silos 1 and 2, in response to DOE's call for public comments. Our comments are based
on a detailed review of the Revised Feasibility Study Report for Silos 1 and 2, our close monitoring
of the Silos 1 and 2 project over the past three years, and significant familiarity with the technologies
involved in the project.

Our primary comment is that the ROD should NOT be changed to identify chemical
stabilization as the preferred treatment remedy in lieu of vitrification. This comment is based
on the fact that the Revised Feasibility Study is flawed and  gives erroneous results, for the following
reasons:

1)     It fails to recognize the superiority of vitrified waste over chemically stabilized waste relative
       to the most important threshold criteria of overall protection of human health and the
       environment. To conclude that both vitrification and chemical stabilization technologies are
       equivalent relative to the threshold criteria is technically indefensible. The TCLP test
       employed for this comparison is artificially biased toward chemical stabilization due to the
       high pH of the wasteform and the resulting leachate, and the dilution of contaminants that
       resulted from the 5-fold bulking up of the wasteform. The evaluation also fails to recognize
       the significant differences in life expectancy between the wasteforms, and the impact of life
       expectancy on long-term protection of human health and the environment.
                                        B-lll-43

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Messrs. Stegner and Saric
May 11,2000
Page 2

2)     It establishes preference for chemical stabilization based on evaluation against the five primary
       balancing criteria. This is not appropriate in that the specific vitrification technologies evaluated
       are not representative of vitrification technologies that have been specifically developed for
       treating earthen waste materials such as are in Silos 1 and 2. Thus the cost, implementability,
       short-term effectiveness, and related performance factors developed are not representative of
       this technology class, and the balancing criteria evaluation is inadequate.

Given these flaws, the Revised Proposed Plan appears to be an attempt to select a lesser remedy as an
expedient to resolve the prior failure of the Silo 1 and 2 vitrification program. Geosafe recognizes the
difficulties posed by that failure, but comments that the Revised Proposed Plan is not an acceptable
way to resolve the problem. Geosafe suggests that the vitrification aspect of the current ROD is
acceptable as it stands. The errors of the prior vitrification program lie in the specific technology,
equipment and management that was employed, and should not be used to condemn the whole class of
vitrification technologies and to justify a less effective remedy.

Geosafe recognizes the political need for DOE and EPA to identify an alternative to vitrification due to
the past failure of the vitrification program at Fernald. As noted above, it would be an even greater
failure if vitrification is excluded from future consideration. If DOE must identify an alternative, then
Geosafe suggests that chemical stabilization be included in the revised ROD as a lesser contingent
remedy: but it certainly should not replace the vitrification alternative as the primary remedy.  Such
replacement would be an injustice relative to the environment, and would result in an unfair restriction of
commercial competition. We are aware that the use of contingent remedies within a ROD are an
acceptable CERCLA practice.

Geosafe also believes that inadequate consideration has been given to the possibility of offsite treatment
of the waste by commercial vendors. We believe that such offsite treatment capability either presently
exists, or will shortly.  In any case, such offsite capability can be established at far less cost than is
projected for a temporary facility at Fernald which will  be destroyed at the end of the project.
Establishment of commercial facilities would also benefit the Government and the public through their
availability for continued use, and their lower overall cost to this project. The Revised Feasibility Study
produced estimates of total project costs exceeding $20,000 per ton of waste treated. That is an
exorbitant cost for a waste that can be treated by vitrification for direct vendor costs of less than $1000
per ton. Geosafe very strongly suggests that the ROD additionally revised to allow offsite treatment by
commercial vendors as an acceptable alternative.

DOE should define a performance specification consistent with  the capabilities of best available
technology, and then should procure remediation of the Silos 1  and 2 waste on an open competition
basis. As a vendor of vitrification services, Geosafe would be pleased to compete in a procurement for
remediation of Silos 1 and 2 waste, at either an onsite or offsite  facility. The GeoMelt technology has
been demonstrated to be effective on this type of waste and it does not require the  same constraints that
led to the failures of the prior vitrification program.  It can also be applied more cost effectively.

                                            B-lll-44

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Messrs. Stegner and Saric
May 11,2000
Page 3

Geosafe's comments relative to specific errors and omissions in the Revised Proposed Plan are
attached. Please contact me if I can provide clarification of these comments.

Sincerely,

GEOSAPE CORPORATION
James 1. (Jim) Hansen, President
                                        B-lll-45

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                 DETAILED COMMENTS BY GEOSAFE CORPORATION
                        ON THE REVISED PROPOSED PLAN FOR
                         REMEDIAL ACTIONS AT SILOS 1 AND 2

Page 2-16. line 14 - The basis for development of alternatives is said to have included, "commercial
and DOE-complex experience...". It is obvious from the Revised Feasibility Study and the Revised
Proposed Plan that this statement is not true relative to vitrification technologies. Geosafe has provided
information on its GeoMelt vitrification technology to DOE and Fluor Daniel Fernald (FDF) several
times; and it is apparent that this technology has been ignored by the studies. This technology has been
used commercially on hazardous and radioactive waste more than any other vitrification technology.

Page 6-1. line 10 - The two vitrification technologies selected for Proof-of-Principle (POP) testing are
judged to be "representative" of the class of vitrification technologies. The two technologies tested are
certainly not representative of available vitrification technologies. There are vitrification technologies
better suited for treatment of earthen materials such as the Silos 1 and 2 waste.  One such superior
technology is the GeoMelt vitrification technology.

Page 7- 1. lines 21-23 - The Proposed Plan states here and several other places that "equivalent
processes" may exist and "are not precluded from consideration...". In fact equivalent and even
superior systems are being excluded from further consideration by not having been appropriately
considered in the Revised Feasibility Study or the Revised Proposed Plan.

Page 7-3. lines 14-15 - The statement that "both vitrification and chemical stabilization provide overall
protection of human health and the environment" is very misleading. In fact they may both meet or
exceed a minimum threshold value relative to leaching resistance, for instance; however, there are major
differences in the level of performance relative to this criterion. Additional comments below relate to this
position.

Page 7-5. lines 4-7 - The erroneous implication in these statements is that both technology classes are
equivalent relative to leaching resistance, even when the "original wasteform is degraded". It is well
known by DOE and EPA that vitrified waste has superior long-term leaching resistance to chemically
stabilized waste. It is also known by these parties that the TCLP test produces positively biased  results
for chemically stabilized waste in that the presence of alkali materials in the waste buffers the acid used
in the TCLP testing. This is evidenced by the TCLP results for the POP-tested technologies. The
leachate from the chemical stabilization wasteform testing was highly basic, whereas it started out
acidic. It is known that once the  alkali is "spent", the leaching resistance of chemically stabilized waste
falls off dramatically when exposed to acidic conditions.

The TCLP results are  also biased due to dilution of contaminants that occurs due to the bulking (volume
increase) of the chemical stabilization wasteform. A volume increase of nearly 500% has been used to
dilute these wastes; and then the diluted waste's TCLP performance is compared to  that of the vitrified
wasteforms which did not dilute, but rather concentrated the waste. For this reason it is not appropriate
to say the four wasteforms were equivalent on the TCLP basis.
                                            B-IIM6

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It is also known that the estimated life expectancy of chemically stabilized product falls in the range of
10 to 100 years; whereas vitrified waste has a life expectancy of thousands to millions of years. It is
certainly misleading to state that the two technology classes are equivalent in terms of leaching
resistance over the long term.

Page 7-7. lines 6-7 - The statement that chemical stabilization ensures "long-term protectiveness of
human health and the environment..." is very misleading. It is only a matter of time and the chemically
stabilized waste will fail and become a risk to human health and the environment. The comments in the
item above apply here also.

Page 7-10. lines 27-28 - The statement regarding generation of waste streams may be true for the
vitrification technologies that were POP tested; however, this is not true for all vitrification technologies.
For instance, the GeoMelt vitrification technology consumes its own secondary waste, by recycling
back to subsequent melts, and substantially reduces the total amount of waste generated compared to
the alternative technologies.
Page 7-11. lines 26-27'. continuing on Page 7-13. lines 1-2 - The statements relative to radon release
are true; however, they omit recognition that the overall amount of radon released from the vitrified
wasteform throughout its lifetime will be far less than that released by the chemically stabilized
wasteform. Vitrification results in essentially stopping the release of radon to the environment. Chemical
stabilization temporarily slows the release; and at some time in the future, when the product is
degraded, radon emanation and release to the environment will return to high levels. This is another
benefit of vitrification that relates to long-term protection of human health and the environment.

Page 7-11. lines 18-15. and Table 7.2-1 - The text cites an "occupational hazard analysis" which
"evaluated the potential physical and chemical hazards to the workers...". The logic used resulted in
vitrification being rated lower than chemical stabilization. The analysis missed the point that due to
greater intrinsic hazard (i.e., high temperature and high voltage), the vitrification industry has taken steps
to ensure worker safety. A more appropriate comparison would have been to compare the actual
safety records of the two technology classes on a manhours worked basis. In the 20+ years that the
GeoMelt technology has been under development and in commercial use, there has not been  a single
worker lost time injury associated with the technology.  The analysis used in this evaluation was
inappropriate relative to what really counts ... actual personnel safety.

Page 7-14. lines 1 through 14 and Table 7.2 -3  - The analysis and conclusions presented here are an
example of error resulting from the assumption that the POP-tested vitrification technologies are
representative of the class. "The time period between the approval of the ROD amendment and the
initiation of treatment operations..." specified for vitrification technologies is far longer than would be
required for the GeoMelt technology. In addition, the 8-month requirement for performance of "Proof
of Process" testing for vitrification is unnecessary for technologies such as the GeoMelt vitrification
technology. More than 25,000 tons of waste and debris have been commercially processed by the
GeoMelt technology.  This amount is far more than the combined total of all the other vitrification
technologies under consideration by DOE. It would not be necessary to perform such testing on the
GeoMelt technology. This technology has been demonstrated several times before on behalf of DOE.
For example, a 300-ton demonstration
                                              2

                                            B-lll-47

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melt, performed on mixed waste-contaminated soil and debris, was performed for DOE at LANL in
April, 2000. The technology has also been demonstrated capable of treating simulated Silos 1 and 2
waste without difficulty.

Page 7-16 lines 1-2 and Table 7.2-4 - The comparison of operating times is misleading due to
differences in scale between the technologies being compared. The vitrification alternative can be made
to operate at higher rates if desired. See further comments regarding scale below.

Page 7-16. lines 1-11 and Figure 7.2-5 - The implementability evaluation may be correct for the
POP-tested vitrification technologies, but unfairly judges others, like the GeoMelt technology. As noted
above, the GeoMelt technology has excellent commercial experience and has no uncertainty relative to
successful implementation. The analysis is clearly biased toward chemical stabilization, particularly in the
areas of commercial demonstration, ease of acceleration, and constructability.

Page 7-19. lines 2-14 - The section on scaleup fails to recognize vitrification technologies beyond those
that were POP-tested GeoMelt vitrification, which involves joule heating, but does not use a
refractory-lined melter vessel  such as the POP-tested technologies, has been demonstrated and used
commercially many times before on radioactive and hazardous materials at rates far exceeding the
15-tpd scaleup size evaluated in the Revised Proposed Plan. GeoMelt capacity to 150 tpd exists, and
many thousands of tons of materials have been treated in the range of 30 to 80 tpd. On an 80 tpd basis,
the hours required for GeoMelting would be less than half those required for the Chem 1 alternative
(reference Table 7.2-4). Scaleup risk is not a concern for the GeoMelt technology. This scale of
equipment can be provided at lower capital cost than that of the POP-tested alternatives. Similarly,
there is no need to scaleup the off-gas treatment technology that would be employed with the GeoMelt
technology.

Page 7-19. lines 20-25 -  The Plan states that joule-heated vitrification has not been used on material
"reasonably similar to Silos 1  and 2 material at the scale being proposed by the POP contractors ". As
noted above, that is an erroneous statement. The GeoMelt technology has been used to treat actual
simulated Silos 1 and 2 material (unpublished data provided to Fluor Daniel Fernald and DOE in
1997); and that material behaved during processing in a manner very similar to the great majority of the
>25,000 tons of earthen materials processed to date.

Page 7-20. lines 15-21 -  The  statements made are true for the vitrification technology cited; however,
they are misleading relative to vitrification as a class. The GeoMelt vitrification technology, including its
off-gas treatment system and other equipment, has been judged by EPA and DOE as highly reliable
(reference EPA/540/R-94/520). The comparison regarding reliability is misleading.

Page 7-20. lines 22-28 -  Vitrification can easily equal chemical stabilization relative to schedule
acceleration/recovery by simply employing a larger scale of equipment. It is apparent that the two
technologies being compared are "apples and oranges" relative to processing scale (refer to discussion
above  for page 7-19, lines 2-14).

Page 7-2 1. lines 1-2 - Not all vitrification technologies require the installation of custom refractory.  The
GeoMelt technology would rate more favorably relative to constructability.
                                            B-lll-48

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Page 7-23. Table 7.2-2 - The vitrification cost estimates are not representative of all vitrification
technologies. The GeoMelt technology could be applied at significantly lower cost than all the
technologies evaluated.

The summary cost data points out in a glaring way the need to consider offsite treatment as opposed to
onsite treatment of the waste. The logic of building a $55-69 million facility for three years of use, and
then to spend $24-25 million to decommission (destroy) it should be subject to serious evaluation.
These are costs that would be better spent on behalf of the Government, public and industry if they
were instead invested in commercial waste treatment capacity. In addition, commercial offsite treatment
would greatly reduce or nearly eliminate other costs associated with project management and the cost
of money.

Page 7-25. lines 7-20 - The capital and operating costs cited for vitrification are again not
representative.  GeoMelt vitrification capital costs are typically less than half of melter-based
technologies. As noted earlier, neither an 8 month testing period  of expensive spare parts nor refractory
replacement are necessary for GeoMelt vitrification.

Page 8-1. lines 21-27 - The comparative evaluation against the five primary balancing criteria is not
appropriate because the vitrification technologies evaluated are not representative. The evaluation does
not appear to give adequate importance to the superior environmental properties and life expectancy of
the vitrified product compared to the chemically stabilized product.

Page 8-5. lines 17-28 - These summary statements regarding vitrification are in error as indicated in the
comments above.

Page 8-7. -lines 7-8 - It should be noted that the GeoMelt vitrification technology is capable of
processing soils and debris related to the OU-4 remediation project. The use of this process at the site
for the Silos 1  and 2 waste could  have subsequent benefit to DOE for completion d the OU-4 cleanup.

Page 8-10. line 4 - Whereas the remedy may be permanent as far as the Fernald facility is concerned,
the chemical stabilization alternative is certainly not a permanent solution for the waste itself. The
problem will have been moved to another location and the public will once again have the opportunity
to spend further resources on its ultimate treatment at a future time. It is inappropriate to call the
Proposed Plan a permanent remedy.
                                           B-lll-49

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                    GeoMelt Vitrification Advantages Relative
                            to Melter-Based Vitrification

3.      Simpler technology
       •       No melter vessel
       •       No waste pretreatment requirement
       •       No additive requirement
              No feeding equipment
              No withdrawal equipment

4.      Lower cost
       •       Capital
              - less expensive construction
              Operating
              - larger scale
              - longer equipment life expectancy
              - lower personnel requirement
              - no need to purchase additives
              - less material to treat due to absence of additives
              - less product to ship due to absence of additives and higher volume reduction
              - less product to landfill due to lesser volume

5.      More robust technology
       •       Larger scale
       •       Higher melting temperature
              Unconstrained by melt temperature
              Tolerance of heterogeneity, waste and debris

6.      Superior vitrified product
       •       Higher metals retention in melt
              Greater leaching resistance

7.      Greater experience
       •       More than 25,000 tons processed
       •       EPA SITE Program demonstrated
       •       EPA permitted for treatment of PCBs
              DOE demonstrated several times
       •       Seven scales of equipment to 150 tpd
       •       Prior treatment of surrogate Silos 1 and 2 waste
              Experience treating far more hazardous/radioactive waste than Silos 1 and 2 waste
                                         B-lll-50

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          ATTACHMENT B.IV
NOTICES OF PUBLIC COMMENT PERIOD AND
   HEARINGS PLACED IN MAJOR LOCAL
            NEWSPAPERS
                B-IV-1

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March 29, 2000
Harrison Press
Page 4A
"Notice of Availability and Notification of Public Meeting"
                         NOTICE OF AVAILABILITY AND

                     NOTIFICATION OF PUBLIC MEETING


                          FEASIBILITY STUDY/PROPOSED PLAN
                                             FOR
                         REMEDIAL ACTIONS AT SILOS 1 AND 2
                         Fernald Environmental Management Project

              The United State Department if Energy (DOE) announces the availability of a
              Proposed Plan for remediation of Silos 1 and 2, a component of Operable Unit 4
              at the Fernald Environmental Project. The Proposed Plan identifies a preferred
              alternative as well as the other alternatives considered, for public comment.

              The December 1994 Record  of Decision tor Remedial Actions at Operable Unit
              4 identified removal of the material and treatment by vitrification followed by
              off-site disposal at the Nevada Test site as the  remedy for Silos  1 and 2. In the
              Revised Feasibility Study for Silos 1 and 2, DOE reevaluated vitrification and
              other potential technologies fortreatment of the Silos 1 and 2 material.  A
              detailed evaluation of vitrification and chemical stabilization was conducted.

              Based upon available information, the preferred alternative proposed for the
              public comment is removal, treatment of the Silos 1 and 2 material by chemical
              stabilization, and off-site disposal at the NTS. Although this is the Preferred
              Alternative at the present time, DOE welcome as the comments  from the public
              on both alternatives. The formal public comment period begins on April 3 and
              ends on May 18, 2000. DOE will select the final remedy, with the concurrence of
              the United States Environmental Protection Agency and the Ohio Environmental
              Protection Agency, after the end of the public comment.

              DOE will hold a public meeting to discuss the Proposed Plan and accept oral or
              written public comments an April 25, 2000. from6:30-8:30p.m., at this Alpha
              Building, Classroom D, 10967 Hamilton-Cleves Highway, Harrison, Ohio.

              Copies of the Feasibility Study/Proposed Plan for Silos 1 and 2, and other
              supporting information are available at:
                                 Public Environmental Information Center
                                 10995  Hamilton-Cleves Highway
                                 Harrison, Ohio. 45030
                                 (513)648-7480
              For further information or to submit written comments, please contact:
                                 Mr. Gary Stegner
                                 U.S. Dept of Energy
                                 Fernald Environmental Management Project
                                 PO. Box 538705
                                 Cincinnati, Ohio  45253-8705
                                 (513)648-3153
                                            B-IV-2

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March 30, 2000
Journal-News
Page A4
"Notice of Availability and Notification of Public Meeting"
of1
                       NOTICE OF AVAILABILITY AND
                   NOTIFICATION OF  PUBLIC MEETING

                      FEASIBILITY STUDY/PROPOSED PLAN
                   FOR REMEDIAL ACTIONS AT SILOS 1 AND 2

                    Fernald Environmental Management Project

        The United States Department of Energy (DOE) announces the availability of a Proposed
        Plan for remediation of Silos 1 and 2 a component of Operable Unit 4, at the Fernald
        Environmental Management Project. The Proposed Plan identifies a preferred alternative,
        as well as the other alternatives considered, for public comment.

        The December 1994 Record  of Decision  for  Remedial Actions at Operable  Unit 4
        Identified  removal of the material and treatment by vitrification followed by off-site
        disposal at the Nevada Test Site as the remedy for Silos 1 and  2. In the Revised
        Feasibility Study for Silos 1 and 2,  DOE reevaluated vitrification and  other potential
        technologies for treatment of the Silos  1  and 2 material. A detailed evaluation of
        vitrification and chemical stabilization was conducted.

        Based upon available information, the preferred alternative proposed for public comment
        is removal, treatment of the Silos 1 and 2  material  by chemical stabilization, and off-site
        disposal at the NTS. Although this is the Preferred Alternative at the present time, DOE
        welcomes the comments from the public on both alternatives. The formal  public
        comment period begins on April 3 and ends on May 18, 2000. DOE will select the final
        remedy, with the concurrence of the United States  Environmental Protection Agency
        and the Ohio Environmental Protection Agency, after the end of the public comment
        period.

        DOE will hold a public meeting to discuss the Proposed Plan and accept oral or written
        public comments on April 25, 2000, from 6:30 - 8:30 p.m., at the Alpha Building,
        Classroom D, 10967 Hamilton-Cleves Highway, Harrison, Ohio.

        Copies of the Feasibility Study/Proposed Plan for Silos 1 and 2, and other supporting
        information are available at

                           Public Environmental Information Center
                               10995 Hamilton-Cleves Highway
                                   Harrison, OH 45030
                                  Phone: (513)648-7480

        For further Information or to submit written comments, please contact:

                                     Mr. Gary Stegner
                                U.S. Department of Energy
                          Fernald Environmental Management Project
                                     P.O. Box 538705
                                Cincinnati, Ohio 45253-8705
                                  Phone (513) 648-3153
                                          B-IV-3

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April 2, 2000
Cincinnati Enquirer
Page C5
"Notice of Availability and Notification of Public Meeting"
of1
                  NOTICE OF AVAILABILITY AND NOTIFICATION OF PUBLIC
                                       MEETING


                    REVISED PROPOSED PLAN FOR

                REMEDIAL ACTIONS AT SILOS  1 AND 2
                    Fernald Environmental Management Project

              The United States Department of Energy (DOE) announces the
              availability of a revised Proposed Plan for remediation of Silos 1 and 2,
              a component of Operable Unit 4, at the Fernald Environmental
              Management Project. The Proposed  Plan identifies a preferred
              alternative, as well as the other alternatives considered, for public
              comment.

              Based upon available information, the preferred alternative proposed for
              public comment is removal, treatment of the Silos 1 and 2 material by
              chemical stabilization, and off-site disposal at the NTS. Although this
              is the Preferred Alternative at the present time, DOE welcomes the
              comments from the public on other alternatives. The formal public
              comment period  begins on April 3 and ends on May 18, 2000. DOE
              will select the final remedy, with the concurrence of the United State
              Environmental Protection Agency and the Ohio Environmental
              Protection Agency, after the end of the public comment period. Either
              alternative may be selected after consideration of public comments.

              DOE will hold a public meeting to discuss the Proposed Plan  and
              accept oral or written public comments on April 25, 2000, from 6:30-
              8:30p.m., at the Alpha Building, Classroom 0,10967 Hamilton-Cleves
              Highway, Harrison, Ohio.

              Copies of the Proposed Plan, the Revised Feasibility Study for Silos 1
              and 2, and other supporting information are available at:
                       Public Environment Information Center
                          10995 Hamilton-Cleves Highway
                                 Harrison, OH 45030
                                Phone:(513)648-7480

              For further information or to submit written comments, please contact:
                                  Mr. Gary Stegner
                              U.S. Department of Energy
                     Fernald Environmental Management Project
                                  P.O. Box 538705
                             Cincinnati, Ohio. 45253-8705
                                Phone:(513)648-3153
                                        B-IV-4

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                                         Saturday, April 1, 2000/Las Vegas Review-Journal/SB
      NOTICE OF AVAILABILITY AND NOTIFICATION OF PUBLIC MEETING

                       FEASIBILITY STUDY/PROPOSED PLAN
                                          FOR
                       REMEDIAL ACTIONS AT SILOS 1 AND 2
                    Fernald Environmental Management  Project

The United States Department of Energy (DOE) announces the availability of a Proposed Plan for
remediation of Silos 1 and 2, a component of Operable Unit 4, at the Fernald Environmental Management
Project. The Proposed Plan identifies a preferred alternative as well as the other alternatives considered,
for public comment.

The December 1994 Record of Decision for Remedial Actions at Operable Unit 4 identified removal of the
material and treatment by vitrification followed by off-site disposal at the Nevada Test Site as the remedy
for Silos  1 and 2. In the Revised Feasibility Study for Silos 1 and 2, DOE reevaluated vitrification and
other potential technologies for treatment of the Silos  1 and 2 material. A detailed evaluation of
vitrification and chemical stabilization was conducted.

Based upon available information, the preferred alternative proposed for public comment is removal,
treatment of Silos 1 and 2 material by chemical stabilization, and off-site disposal at the NTS. Although
this is the Preferred Alternative at the present time, DOE welcomes comments from the public on both
alternatives. The formal public comment period begins on April 3 and ends on May 18, 2000. DOE will
select the final remedy, with the concurrence of the United States Environmental Protection Agency and
the Ohio Environmental Protection Agency, after the end of the public comment period.

DOE will hold a public meeting to discuss the Proposed Plan and accept oral or written public comments
on May 3, 2000, from 4:30-6:00  p.m., in the Sedan Conference Room at the Department of Energy's
Nevada Support Facility, 232 Energy Way (just off Losee Rd.), in North Las Vegas. Written public
comments can be submitted throughout the entirety of the public comment period.

Copies of the Feasibility Study/Proposed Plan for Silos 1 and 2, and other supporting information are
available at these locations:
   Public Environmental Information Center      DOE Public Reading  Room
   10995 Hamilton-Cleves Highway             2621 Losee Rd., Bldg. B-3
   Harrison, OH 45030                       Las Vegas, NV 89030
   Phone: (513) 648-7480                     Phone: (702) 295-1628
For further information or to submit written comments, please contact:

                         Mr. Gary Stegner, Public Affairs Officer
                         U.S. Department of Energy
                         Fernald Environmental Management Project
                         P.O.  Box 538705
                         Cincinnati, Ohio 45253-8705
                         Phone:(513)648-3153
                                          B-IV-6

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