[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Rules and Regulations]
[Pages 75847-75850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27551]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7848-7]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of partial deletion of the Uravan Superfund
Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is
publishing a direct final notice of partial deletion of 9.84 acres
within the Uravan Superfund Site (Site), located in Montrose County,
Colorado, from the National Priorities List (NPL).
The NPL, promulgated pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final partial deletion is being published by EPA with the
concurrence of the State of Colorado, through the Colorado Department
of Public Health and the Environment because EPA has determined that
all appropriate response actions, for the 9.84 acres including two
historic structures, under CERCLA have been completed and, therefore,
further remedial action pursuant to CERCLA is not appropriate.
DATES: This direct final deletion will be effective February 18, 2005.
If adverse comments are received by January 19, 2005, EPA will publish
a timely withdrawal of the direct final deletion in the Federal
Register informing the public that the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Rebecca Thomas, Remedial Project
Manager (RPM), 8EPR-SR, [email protected], U.S. EPA, Region 8, 999
18th Street, Suite 300, Denver, Colorado 80202, (303) 312-6552 or 1-
800-227-8917, extension 6552.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information repository
[[Page 75848]]
located at: U.S. EPA Region 8 Records Center, 999 18th Street, Suite
300, Denver, Colorado 80202, (303) 312-6473.
FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Remedial Project
Manager, 8EPR-SR, [email protected], U.S. EPA, Region 8, 999 18th
Street, Suite 300, Denver, Colorado 80202, (303) 312-6552, or 1-800-
toll-free.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 8 is publishing this direct final notice of partial
deletion of 9.84 acres within the Uravan Superfund Site from the
National Priorities List.
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions if conditions
at a deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective February 18, 2005,
unless EPA receives adverse comments by January 19, 2005, on this
document. If adverse comments are received within the 30 day public
comment period on this document, EPA will publish a timely withdrawal
of this direct final partial deletion before the effective date of the
deletion and the deletion will not take effect. EPA will, as
appropriate, prepare a response to comments and continue with the
deletion process on the basis of the notice of intent to delete and the
comments already received. There will be no additional opportunity to
comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Uravan Superfund Site and
demonstrates how it meets the deletion criteria. Section V discusses
EPA's action to delete the Site from the NPL unless adverse comments
are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a Site from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) response under CERCLA has been implemented, and no
further response action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site
be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. Whenever there is a significant release from
a site deleted from the NPL, the deleted site may be restored to the
NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) The EPA consulted with Colorado on the deletion of the Site
from the NPL prior to developing this direct final notice of partial
deletion.
(2) Colorado concurred with deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final notice
of partial deletion, a notice of the availability of the parallel
notice of intent to partially delete published today in the ``Proposed
Rules'' section of the Federal Register is being published in a major
local newspaper of general circulation at or near the Site and is being
distributed to appropriate federal, state, and local government
officials and other interested parties; the newspaper notice announces
the 30-day public comment period concerning the notice of intent to
delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the Site information repository identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely notice of
withdrawal of this direct final notice of partial deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the notice of intent to
partially delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for partially
deleting the Site from the NPL:
Site Location
The Uravan site is located in western Colorado in the western
portion of Montrose County on Highway 141 approximately 13 miles
northwest of the Town of Nucla. The town of Uravan was demolished
during remedial activities at the site and, except for two historical
structures, no longer exists. The site is located adjacent to the San
Miguel River which drains into the Colorado River.
This partial deletion pertains to 9.84 acres containing two
historic structures remaining on the Site, the Boarding House and the
Community Center.
Site History
The Boarding House is located in the former town area of Uravan at
the intersection between County Roads Y-11 and EE-22, just east of the
former Uravan Mill site. The structure was built circa 1914 to provide
meals and housing to employees. In 1971 housing was discontinued, and
in 1982 meal service was terminated.
The Community Center is located across County Road EE-22 from the
Boarding House. It was built in the mid 1930s from a sugar factory
dismantled in Delta, Colorado. The building served as a multipurpose
recreation center for company workers, which included a dance hall,
movie theatre, church, roller skating rink, performance theatre and
shooting range. Recently, the Community Center has been used to store
historical artifacts that will be
[[Page 75849]]
displayed after the buildings are deleted from the NPL.
Site Investigation
Investigations in 1994 indicated that radon levels in the Boarding
House and the Community Center were below a working level standard of
0.03 which is the alpha radiation in the atmosphere that is considered
acceptable for residential structures that are being occupied full
time.
A characterization study in 1995 measured both gamma radiation and
soil concentrations. This study was completed to determine the
feasibility of preserving the buildings and releasing them for
unrestricted use. Elevated radium 226 concentrations were identified in
the soils beneath and surrounding both buildings.
The Boarding House was sampled for radon in 1996. The results
showed that concentrations were below a level of concern. Like the
measurements collected in 1994, the survey indicated that the
structures were very leaky which prevented accurate measurement of the
indoor concentrations.
Elevated radon measurements were obtained from the basement in the
Community Center in 1997. Also in 1997, an exploratory excavation along
the east end of the Community Center was conducted to determine the
depth of contaminated soil and to examine the foundation. After
exposing a portion of the foundation, it was determined that the depth
of contamination extended six to eight feet below the surface to a
point at or slightly below the depth of the concrete footing and stem
wall which supported the block walls of the basement.
Remedy Decision
The buildings contained radioactive contamination and were
constructed on soils exceeding cleanup standards. To preserve the
structures as an historical resource, and at the same time protect the
health of the public, and to comply with applicable laws, the following
remediation plan was adopted:
Removing the most significant contamination from within
the structures.
Removing soils underlying and immediately surrounding the
buildings without endangering the stability of the foundations.
Restoring the buildings to the extent that they will be in
stable structural condition.
Remediating the soils outside the immediate vicinity of
the buildings in accordance with the RAP.
Installing a radon mitigation system in the Community
Center.
Characterization of Risk
Radiation risks to members of the general public from residual
radioactive materials associated with the two buildings were calculated
using data generated during pre- and post-remediation site surveys.
These surveys included direct gamma exposure rate measurements before
and after excavation of contaminated soils around the buildings,
surface contamination surveys, and laboratory analysis of soils
collected from selected locations outside the buildings. In addition,
the radon concentrations in air in several locations inside the
buildings were measured and reported separately.
Potential risk was evaluated for three types of individuals:
A staff person working approximately 800 hours per year,
A volunteer working approximately 120 hours per year,
A visitor who visits for approximately 4 hours per year.
Based on the data collected, it was concluded that there is no risk
to any person from the three occupancy scenarios from gamma exposure.
In the case of both the Boarding House and the Community Center, gamma
exposure levels at the present time are so low that they present no
incremental risk above background.
Further, based on the radon exposure data, it was concluded that
the radon exposure under any of the occupant scenarios would be
acceptable.
Response Actions
Radiological and non-radiological contaminants were removed from
the Community Center and Boarding House starting in 1993. Excavating
contaminated material from the exterior perimeter of the Boarding House
and Community Center was conducted in 1998. The grading plan prescribed
removing contaminated material from the perimeter of the buildings so
that excavation would not adversely affect the structural stability of
the foundations. The soil directly in contact with the foundations was
left undisturbed and fully supported the buildings during the removal
of contaminated soil. Material removal continued away from the
buildings until the soil cleanup level was achieved. The depth of
excavation varied from three feet to approximately 15 feet.
After the contaminated material was removed, geotextile fabric was
placed over the soils remaining against the buildings to identify the
contact between the undisturbed foundation support soils and the
uncontaminated backfill soils.
Restoration of the exterior of the Boarding House was completed in
2000. The porch, east side concrete staircase, and landing slab were
removed. Underlying contaminated soils were excavated and the area
backfilled. The concrete landing was replaced and the porch and
staircase were rebuilt. In general, the remedial activities conducted
within and around the Boarding House and Community Center successfully
removed and isolated radioactive materials. These actions have
mitigated potential radiological hazards and have provided a safe
environment for future uses of the structures.
An active radon mitigation system was installed in the Community
Center. This system will remove radon gas from the soils beneath the
basement and vent it outside by small fans. This system is designed to
be operational 24 hours per day, seven days per week and has a built-in
alarm system should the fans stop working.
Cleanup Standards
The cleanup standard for the historic structures is 0.03 working
levels. A working level is the concentration of alpha radiation in the
atmosphere that is considered acceptable for residential structures
that are being occupied full time.
Operation and Maintenance
Institutional controls, in the form of an environmental covenant
granted to the Colorado Department of Public Health and Environment
(CDPHE), will prevent activities that might cause contact with
radioactive materials on both the exterior and interior of the historic
structures. The environmental covenant also requires an annual
inspection of the radon mitigation system.
Five Year Review
Since waste has been left in place at concentrations that do not
allow for unrestricted and unlimited use, the Environmental Protection
Agency will continue to conduct Five Year Reviews of the Site. The next
Five Year Review is scheduled for completion in 2005.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repository.
[[Page 75850]]
V. Deletion Action
The EPA, with concurrence of the State of Colorado, has determined
that all appropriate responses, for the 9.84 acres containing two
historic structures, under CERCLA have been completed, and that no
further response actions, under CERCLA, other than O&M and five-year
reviews, are necessary. Therefore, EPA is partially deleting the Site
from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective February 18, 2005, unless EPA receives adverse comments by
January 19, 2005. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion and it will not take effect and, EPA will prepare a response
to comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous Waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: December 6, 2004.
Max Dodson,
Acting Regional Administrator, Region 8.
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For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
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1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.12777,
56 FR 54757, 3 CFR, 1991 Comp., p.351, E.O. 12580, 52 FR 2923, 3
CFR, 1987 Comp., p.193.
Appendix B--[Amended]
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2. Table 1 of Appendix B to Part 300 is amended by revising the entry
for ``Uravan'' by adding a note ``P'' so that it reads as follows:
Table 1.--General Superfund Section
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State Site name City/county Notes(a)
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CO.......... Uravan Uranium Uravan............ P
Project (Union
Carbide).
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(a) * * *
* * * * *
P = Sites with partial deletion(s).
[FR Doc. 04-27551 Filed 12-17-04; 8:45 am]
BILLING CODE 6560-50-P