Mr. David FriedmanU.S. Environmental Protection Agency, Region Ill

1650 Arch Street

Philadelphia, PA 19103-2029

Ref: Petition to Delist Hazardous Wastes (Petition), submitted on February 21, 2003

Dear Mr. Friedman:

BWXT is pleased to provide this update to the referenced Petition to reflect two significant

developments that should expedite final action by the EPA to delist the waste in question.

First, earlier this year, BWXT undertook a project to remove as much of the sludge as possible

from both of the Final Effluent Ponds (FEPs) using a subcontractor. The project was completed in

June and the resulting filter cake (dewatered sludge) was successfully disposed of as a mixed

waste at EnergySolutions Clive Facility in Utah. Second, BWXT learned that the new Delisting

Risk Assessment Software (DRAS) was validated by EPA Region VI in May 2008. BWXT is

attempting to get a copy of the software to do a preliminary post-sludge removal evaluation in

support of the delisting.

I have attached a summary of the FEP Sludge Removal Project. It is conservatively estimated that

of the 356,400 cubic feet of sludge in both FEPs, approximately 4,000 cubic feet of sludge (less

than 2% of the original volume) remain.

BWXT and the EPA have invested significant time and resources in the Petition, and we strongly

believe the Petition continues to provide the only feasible option for addressing the continued use

of the FEP5 as part of our permitted waste water treatment system. Although the sludge removal

project did not constitute a RCRA Clean Closure, we are confident that it provides significant

added support and justification for delisting the sludge remaining in the FEPs. BWXT believes that

it is critical that we proceed with the Petition, based on the considerably reduced sludge volume

now present in the FEPs. BWXT understands that the Petition needs to be amended, but we are

confident that the amendments will be a relatively straightforward effort since the data collected todate remains valid and the DRAS has been validated.

BVvX Technologies, Inc., a McDermott company
remaining sludge and soil beneath the FEPs as a low-level radioactive waste. In other words, a

successful Petition may delay further removal action by BWXT, but it will not have any impact on NRC ultimately requiring the site to remove the remaining material and decommission the

impoundments. A successful delisting of the FEP5 would allow BWXT to continue to use the FEPs

until the end of its plant life.

After you have had an opportunity to review the summary, I would like to discuss the results with

you and possibly setup a meeting to develop a strategy for completing the delisting petition. Should you have any questions, please give me a call at (434) 522-6677.

Sincerely,

M

John M. Storton

Senior Advisory Engineer

BWX Technologies, Inc.

cc (e-mail letter only) DC Ward RL Coats MB Coiling LR Morrell

W H Anderson (copy) File 3-3.3473

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CERTIFICATION STATEMENT

I certify that the information contained in these accompanying documents is true, accurate, and

complete.

As to any portion of these documents for which I cannot personally verify the accuracy, I certify under penalty of law that they were prepared in accordance with a system designed to assure that

qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) directly responsible for gathering the information, or the immediate supervisor of such person(s), the information submitted is, to the best of my knowledge and belief, true,

accurate, and complete. I am aware that there are significant penalties for submitting false

information, including the possibility of fines and imprisonment for knowing violations.

Roger L. Coats

Manager, Environmental Protection & Industrial Safety

BWX Technologies, Inc.

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