Nuc1erDperatonsE3r/I5onP.O.3ox/85•vr:.ur.VA5Q-O/85•F’hrei)•t.x;.:tT September

3, 2008 Mr. David Friedman U.S. Environmental Protection Agency, Region
Ill 1650 Arch Street Philadelphia, PA 19103-2029 Ref: Petition toDelist Hazardous Wastes (Petition), submitted on February 21, 2003 Dear Mr. Friedman: BWXT
is pleased to provide this update tothe referenced Petition toreflect two significant developments that should expedite final action by the EPA to delist the wastein question. First, earlier this year,BWXT undertook

a project toremoveasmuch of the sludge as possible from both of the Final Effluent Ponds (FEPs) using
asubcontractor. The project was completed

in June and the resulting filter cake (dewatered sludge) was successfully disposed of asamixed wasteat EnergySolutions Clive Facility
in Utah. Second, BWXT learned that the new Delisting Risk Assessment Software (DRAS) wasvalidated by EPA Region VI in May 2008. BWXT
is attempting
to geta copyof the software
to do a preliminary post-sludge removal evaluation

in supportof the delisting. I have attached

a summaryof 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 partof our permitted wastewater treatment system. Although the sludge removal project did not constitute

aRCRA Clean Closure, weareconfident that it provides significant added supportand justification for delisting the sludge remaining

in the FEPs. BWXT believes that it is critical that we proceed with the Petition, based onthe considerably reduced sludge volume now present
in the FEPs. BWXT understands that the Petition needs to be amended, but weare confident that the amendments will be a relatively straightforward effort since the data collected
to date remains valid and the DRAS has been validated.BVvXTechnologies,Inc.,aMcDermottcompanySeptember

3, 2008 The Virginia DEQ has voiced its approval with the negotiated agreement that wasreached with BWXT in 2001 for the delisting of the FEPs and the F006 sludge. That agreement addressed the FEPs, aswell asLandfill

I and Landfill

2 (a & b). BWXT has addressed the landfill issues and only the FEP issue remains tobe resolved. Under BWXT’s Nuclear Regulatory Commission (NRC) license, the site will be decommissioned

at the end of the plant’s life. The NRC license requirement will necessitate the management

of the remaining sludge and soil beneath the FEPs asalow-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 removethe remaining material and decommission the impoundments.

A successful delisting of the FEP5 would allow BWXT tocontinue
tousethe FEPs until the end of its plant life. After youhave had an opportunity

toreview the summary,

I would like to discuss the results with youand possibly setup
a meeting to develop

a strategy for completing the delisting petition. Should youhave any questions, please give meacall 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

2September

3, 2008 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 assurethat qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) directly responsible for gathering the information,
orthe immediate supervisor
of such person(s), the information submitted
is, tothe best of my knowledge and belief, true, accurate,and complete.

I amawarethat 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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