NCD980602163_19950717_Warren County PCB Landfill_SERB C_Dep't of Energy correspoindence re PCB-Contaminated Soils-OCR

\
Department of Energy
Oak Ridge Operations Office
P.O. Box 2001
Oak Ridge, Tennessee 37831-861 o
July 17, 1995
Ms. Sharron Rogers
North Carolina Department of Environment,
Health, and Natural Resources
401 Oberlin Road, Suite 150, 27605
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Ms. Rogers:
POLYCHLORINATED BIPHENYL (PCB)-CONTAMINATED SOILS FROM
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES (NCDEHNR)
On May 26, 1995, Dr. K. T. Klasson of the Oak Ridge National Laboratory (ORNL)
received approximately 3.5 kilograms of soil from the NCDEHNR for analysis of
PCBs. The Toxic Substances Control Act (TSCA) regulations exempt from the
manifesting requirements in 40 CFR 761.208, samples that are being transported
to a laboratory for the purpose of testing [40 CFR 761.65(i) (1994)]. Thus, the soils
shipped from NCDEHNR were not manifested to ORNL.
After analyzing the soil for PCBs, Dr. Klasson determined the remaining soils
from NCDEHNR would be desirable for use in a treatability study previously
approved by the U.S. Environmental Protection Agency-Region IV (EPA-IV). In
written guidance, EPA has stated that transporting a sample for treatability
testing without a manifest is a violation of the PCB rules. On June 6, 1995,
Stuart Perry of EPA-IV was contacted to determine whether ORNL could use the
soils from NCDEHNR in a treatability study since the soils had not been
manifested (see enclosed memorandum of conversation).
Mr. Perry confirmed that the soils could be used in the treatability study and that
your department should be notified of ORNL's intention to use the soils. In
addition, Mr. Perry stated that if ORNL uses the soil in its treatability study,
ORNL should assume responsibility for disposal of the soils. Samples sent to the
laboratory for analysis are usually returned to the sample collector for proper
disposal [40 CFR 761.65(i)(3) (1994)]. However, ORNL intends to use the
approximately 3.5 kilograms of soil sent by NCDEHNR to Dr. Klasson in a
microbiological treatability study approved by EPA-IV. ORNL will assume
responsibility for proper disposal of the PCB-contaminated samples in accordance
with 40 CFR 761.65.
Ms. Sharron Rogers -2-July 17, 1995
If there are any questions, please contact Mark Belvin at [phone]. When
replying, please refer to 95-6453.
ER-114:Belvin
Enclosure
cc w/enclosure:
E. M. Atkins, SE-31, ORO
D. W. Frazier, ORNL
E. C. Jones, ORNL
C. A. Schrof, ORNL
Sincerely,
~~t~
ORNL Site Manager
Date:
Parties:
Topic:
Discussion:
Memorandum of Conversation
June 6, 1995
Crystal Schrof, OR NL-Office of Environmental Compliance & Documentation
Stuart Perry, U.S. Environmental Protection Agency-Region IV
Modification to ORNL's research and development (R&O) approval on
stabilization/solidification techniques (vitrification)
On June 6, 1995, Stuart Perry of EPA-IV Toxics Unit returned a phone call placed earlier by Crystal
Schrof of ORNL's OECO. Ms. Schrof explained to Mr. Perry that ORNL would like to make several
modifications to the Stabilization/Solidification -Vitrification Treatability Study approval granted by
EPA-IV in October 1994. Ms. Schrof explained in the original application Or. Alan Bleier and Michael
Gilliam were listed as the principle investigators. ORNL would propose to add Or. Thomas Klassen
as an investigator. In addition, the original application stated the research would be conducted in
laboratories in either Building 4500N or Building 4505 at ORNL. Or. Klassen would be conducting
his work in Building 3592.
Ms. Schrof explained Dr. Klassen would be using sediments from the Y-12 Plant, located on the Oak
Ridge Reservation, that are contaminated with mercury and 300 ppm PCBs. Dr. Klassen would be
extracting the mercury from the sediments to prepare the sediments for the vitrification process.
After the mercury was extracted, the sediments would be managed as a waste in accordance with
the Toxic Substances Control Act (TSCA). Dr. Klassen would then use the sediment in a RCRA
treatability study. Dr. Klassen would be using less than 2 kilograms of sediment.
Mr. Perry said he considered the changes to R&O approval minor, and work could begin immediately.
He stated ORNL should send a letter to him outlining the details of the modifications. EPA will not
send an official communication approving the modification.
On another topic, Ms. Schrof explained Or. Klassen had received soils contaminated with PCBs from
the State of North Carolina. The soils had been sent to Or. Klassen for analysis for PCBs. Because
the State of North Carolina had sent more soil than needed for the analysis, Or. Klassen would like
to use the soils in another approved PCB treatability study at ORNL. Ms. Schrof explained ORNL
was concerned about using the soils that had not been manifested to ORNL because they were
originally sent only for analysis. Mr. Perry said it would be acceptable for ORNL to use the soils from
the State of North Carolina for the treatability study, and not to file an unmanifested waste report
because it would be "unfair'' to the State of North Carolina since they had properly followed the TSCA
regulations. He suggested ORNL send the State of North Carolina a letter explaining we would not
be returning the soil because we planned to use it in a PCB treatability study since they sent so
much of the soil. Mr. Perry said the letter should state ORNL would take responsibility for proper
disposal of the soils, and may need to provide the State of North Carolina a certificate of disposal.
He said it would not be necessary to copy him on the correspondence, but suggested we keep a
copy of the correspondence with the R&O approval.
Action Items:
ORNL will send a letter to Mr. Perry outlining the modifications to the vitrification treatability study.
The letter should state Mr. Perry granted verbal approval.
ORNL will send a letter to the State of North Carolina stating ORNL planned to use the soils it had
sent for analysis in a PCB treatability study and ORNL would take responsibility for disposal of the
soil.
N. S. Dailey, W. 0. Hollinger, E. C. Jones, K T. Klassen, J. L. Reid, J. E. Thomas