The Army appears to have violated Nuclear Regulatory Commission regulations by conducting activities to remove and disturb depleted uranium contamination in the Schofield Range on O’ahu. A letter from the NRC to Lieutenant General Rick Lynch, dated 4/5/11 “APPARENT VIOLATION OF U.S. NUCLEAR REGULATORY COMMISSION REGULATIONS AND REQUEST FOR PREDECISIONAL ENFORCEMENT CONFERENCE” states:
On March 4, 2010, a resident of Hawaii filed a request with the U.S. Nuclear Regulatory Commission (NRC) to take enforcement action against the Army if the NRC found that the Army had possessed or released depleted uranium (DU) to the environment without a license. The NRC reviewed this request pursuant to 10 CFR § 2.206, the process by which an individual may petition the NRC to take an enforcement action.
Based on the NRC’s review of the information in its possession, it appears that the Army is in violation of 10 CFR § 40.3, “License Requirements,” in that it appears that the Army is in possession of DU at multiple installations without proper NRC authorization in the form of a specific or general license issued by the NRC. It also appears that the Army performed decommissioning activities at the Schofield Barracks installation without NRC authorization.
As a result:
The described apparent violation is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy.
A “Predecisional Enforcement Conference” will be held on May 10th, which the public may observe by toll free number and online:
The NRC will be holding a Predecisional Enforcement Conference with the US Army Installation Management Command on Tuesday May 10, 2011 at 2:00 pm CST in the NRC’s Regional office in Arlington, Texas. The purpose of the Predecisional Enforcement Conference is to discuss apparent violations of NRC requirements involving possession of source material (depleted uranium from Davy Crockett spotting rounds) without a license.
The public is invited to observe this meeting and will have one or more opportunities to communicate with the NRC after the business portion, but before the meeting is adjourned.
Interested members of the public can participate in this meeting via a toll-free teleconference and view presentations via a website. For details, please contact the individuals listed in the attached Meeting Notice. The Meeting Notice is also available at the NRC’s website at: http://www.nrc.gov/public-involve/public-meetings/index.cfm
Below are a series of email correspondence between Cory Harden and the NRC.
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From: prvs=092cb6278=Dominick.Orlando@nrc.gov [mailto:prvs=092cb6278=Dominick.Orlando@nrc.gov] On Behalf Of Orlando, Dominick
Sent: Wednesday, April 27, 2011 11:45 PM
To: Cory (Martha) Harden
Cc: Michalak, Paul
Subject: RE: Predecisional Enforcement Conference with US Army IMCOM
Ms. Hardin
Attached is the letter to the Army regarding the apparent violation. I think this would be the most useful for your review as it will be the basis for the discussion during the Predecisional Enforcement Conference.
Dominick Orlando
From: Cory (Martha) Harden [mailto:mh@interpac.net]
Sent: Wednesday, April 27, 2011 4:42 AM
To: Orlando, Dominick
Subject: RE: Predecisional Enforcement Conference with US Army IMCOM
Hello Dominick Orlando,
Thank you for the notice. Can you recommend any documents on ADAMS that would be good to read beforehand? Amy ML numbers you have would be helpful.
Thank you,
Cory Harden
PO Box 10265
Hilo, Occupied Hawai’i 96721
808-968-8965
mh@interpac.net
From: prvs=0909e5355=Dominick.Orlando@nrc.gov [mailto:prvs=0909e5355=Dominick.Orlando@nrc.gov] On Behalf Of Orlando, Dominick
Sent: Tuesday, April 26, 2011 7:46 AM
To: mh@interpac.net; panghi@hawaii.rr.com; Geomike5@att.net; imua-hawaii@hawaii.rr.com; ja@interpac.net; lanny.sinkin@gmail.com; Honerlah, Hans B NAB02; russell.takata@doh.hawaii.gov
Cc: Michalak, Paul; Burgess, Michele; McConnell, Keith; Summers, Robert; McIntyre, David; Klukan, Brett; Sexton, Kimberly; Joustra, Judith; Roberts, Mark; Lipa, Christine; LaFranzo, Michael; Rodriguez, Lionel; Spitzberg, Blair; Evans, Robert; Schlapper, Gerald; robert.cherry@us.army.mil
Subject: Predecisional Enforcement Conference with US Army IMCOM
Good Morning
The NRC will be holding a Predecisional Enforcement Conference with the US Army Installation Management Command on Tuesday May 10, 2011 at 2:00 pm CST in the NRC’s Regional office in Arlington, Texas. The purpose of the Predecisional Enforcement Conference is to discuss apparent violations of NRC requirements involving possession of source material (depleted uranium from Davy Crockett spotting rounds) without a license.
The public is invited to observe this meeting and will have one or more opportunities to communicate with the NRC after the business portion, but before the meeting is adjourned.
Interested members of the public can participate in this meeting via a toll-free teleconference and view presentations via a website. For details, please contact the individuals listed in the attached Meeting Notice. The Meeting Notice is also available at the NRC’s website at: http://www.nrc.gov/public-involve/public-meetings/index.cfm
Thank you
Dominick Orlando, Senior Project Manager
Special Projects Branch
Decommissioning and Uranium Recovery Licensing Directorate
Division of Waste Management and Environmental Protection
__._,_.___
Attachment(s) from Cory (Martha) Harden
1 of 1 File(s)
ARMYPEC.pdf
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