[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Rules and Regulations]
[Pages 48314-48321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20430]



[[Page 48314]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7542-7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of partial deletion of the Monticello Mill 
Tailings (USDOE) 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 the Monticello 
Mill Tailings (USDOE) Superfund Site (the Site), located in Monticello, 
Utah, 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 notice of partial deletion is being published by EPA 
because EPA has determined that all appropriate response actions under 
CERCLA have been completed and, therefore, further remedial action 
pursuant to CERCLA is not appropriate. The State of Utah, through the 
Utah Department of Environmental Quality (UDEQ), concurs with the 
decision for partial deletion of the Site from the NPL provided that no 
adverse comments are received during the public comment period.
    Partial deletion of an NPL site is provided for under the Partial 
Deletion Rule (November 1, 1995), which allows EPA to delete portions 
of NPL sites provided that deletion criteria are met. This partial 
deletion pertains to a portion of the Site designated as the Operable 
Unit (OU) II Non-Surface and Ground-Water Impacted Peripheral 
Properties, which are located within OU II of the Site. The OU II Non-
Surface and Ground-Water Impacted Peripheral Properties are 22 of the 
34 total properties that comprise OU II. These 22 properties were 
selected for deletion from the NPL because the primary contaminants of 
concern, radioactive materials in soils and sediment, have been removed 
to levels protective of human health and the environment, and because 
no radiological or nonradiological contamination is present in surface 
water or ground water located on these properties. The remainder of the 
Site, which includes OU I, the 12 other properties within OU II, and 
contaminated surface water and/or ground water located on OUs I and II 
(designated as OU III), will remain on the NPL. Radioactive materials 
in soils and sediment have been removed from OU I and the 12 other 
properties within OU II; however, radiological contamination and other 
nonradiological contaminants of concern, such as arsenic, selenium, and 
vanadium, persist in the surface water and/or ground water in these 
areas.

DATES: This direct final partial deletion will be effective October 14, 
2003, unless EPA receives adverse comments by September 12, 2003. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Comments may be mailed to: Mr. Paul Mushovic (8EPR-F), 
Remedial Project Manager, U.S. EPA Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466, [email protected], (303) 312-6662 
or 1-800-227-8917.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. Department of Energy-Grand Junction 
Office (DOE-GJO) Public Reading Room, 2597 B \3/4\ Road, Grand 
Junction, Colorado 81503, (970) 248-6089, Monday through Friday 7:30 
a.m. to 4 p.m.; U.S. DOE Repository Site Office, 7031 South Highway 
191, Monticello, Utah 84535, (435) 587-2098, Monday through Friday 8 
a.m. to 5 p.m., or by appointment.

FOR FURTHER INFORMATION CONTACT: For information regarding Site 
deletion, contact Mr. Paul Mushovic (8EPR-F), Remedial Project Manager, 
U.S. EPA Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, [email protected], (303) 312-6662 or 1-800-227-8917. For 
other general Site information, contact Mr. Art Kleinrath, Program 
Manager, U.S. DOE, 2597 B \3/4\ Road, Grand Junction, Colorado 81503, 
[email protected], (970) 248-6037, or Mr. David Bird, Project 
Manager, State of Utah Department of Environmental Quality, 168 North 
1950 West, Salt Lake City, Utah 84116, (801) 536-4219.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis For Partial Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 8 is publishing this direct final notice of partial 
deletion of the Monticello Mill Tailings (USDOE) Superfund Site (the 
Site) from the NPL.
    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 40 CFR 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 partially delete. This action will be effective October 14, 
2003 unless EPA receives adverse comments by September 12, 2003 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 its effective date and the 
partial deletion will not take effect. In such case, EPA will, as 
appropriate, 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. There will be no additional 
opportunity to comment.
    Section II of this document explains the criteria for deleting or 
partially deleting sites from the NPL. Section III discusses procedures 
that EPA is using for this action. Section IV discusses the Site and 
demonstrates how it meets the partial deletion criteria. Section V 
discusses EPA's action to partially 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. Section 
300.425(e) of the NCP governs partial deletions of releases from the 
NPL in the same manner. In making a determination to delete or 
partially delete a release from the NPL, EPA shall consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    Section 300.425(e)(1)(i): Responsible parties or other persons have 
implemented all appropriate response actions required;
    Section 300.425(e)(1)(ii): All appropriate Fund-financed (Hazardous

[[Page 48315]]

Substance Superfund Response Trust Fund) response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    Section 300.425(e)(1)(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 partially deleted from the NPL, where hazardous 
substances, pollutants, or contaminants remain at the deleted portion 
of the 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 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 at a site partially deleted from the NPL, the 
deleted portion may be restored to the NPL without application of the 
hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion of the OU II Non-
Surface and Ground-Water Impacted Peripheral Properties portion of the 
Site from the NPL:
    (1) The EPA consulted with the State of Utah (UDEQ) on the partial 
deletion of the Site from the NPL prior to developing this direct final 
notice of partial deletion.
    (2) The State of Utah (UDEQ) concurred with partial deletion of the 
Site from the NPL provided that no adverse comments are received during 
the public comment period.
    (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 
partially delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the Site information repositories identified above.
    (5) 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 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 or partial deletion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion or partial 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. 
Section 300.425(e)(3) of the NCP governs partial deletion of a site 
from the NPL in the same manner.

IV. Basis For Partial Site Deletion

    The following information provides EPA's rationale for deletion of 
the OU II Non-Surface and Ground-Water Impacted Peripheral Properties 
portion of the Site from the NPL:

Site Location

    The Site is located in and adjacent to (primarily southeast) the 
City of Monticello (City), San Juan County, Utah. The Site consists of 
36 private and public properties covering approximately two square 
miles. The Site is divided into OU I (the former Millsite and 
repository south of the Millsite), OU II (properties near the former 
Millsite, referred to as peripheral properties, primarily contaminated 
with windblown tailings, and properties with contaminated sediment from 
Montezuma Creek), and OU III (surface water and/or ground water 
contamination). The partial deletion area of the Site, designated as 
the OU II Non-Surface and Ground-Water Impacted Peripheral Properties, 
covers approximately one square mile within OU II. The OU II Non-
Surface and Ground-Water Impacted Peripheral Properties are 22 of the 
34 total properties that comprise OU II. These 22 properties are 
primarily vacant land, with portions of some properties being used for 
agricultural purposes. The following table lists the 22 OU II Non-
Surface and Ground-Water Impacted Peripheral Properties that comprise 
the partial deletion area.

Monticello Mill Tailings (USDOE) Site OU II Non-Surface and Ground-Water
                     Impacted Peripheral Properties
------------------------------------------------------------------------
 Property DOE identification No.             Property location
------------------------------------------------------------------------
MP-00105-VL......................  Parcel No. A33240316000
                                   San Juan County
                                   Monticello, Utah
MP-00178-RS......................  Parcel No. A33240310008
                                   San Juan County
                                   Monticello, Utah
MP-00180-CS......................  Parcel No. A33240313605
                                   San Juan County
                                   Monticello, Utah
MP-00198-VL......................  Parcel No. A33240312409
                                   San Juan County
                                   Monticello, Utah
MP-00211-VL......................  Parcel No. A33230367200
                                   San Juan County
                                   Monticello, Utah
MP-00845-VL......................  Parcel No. A33240313604
                                   San Juan County
                                   Monticello, Utah
MP-00886-VL......................  Parcel No. A33230369007
                                   San Juan County
                                   Monticello, Utah
MP-00887-VL......................  Parcel No. A33230369000
                                   San Juan County
                                   Monticello, Utah
MP-00888-VL......................  Parcel No. A33230369006
                                   San Juan County
                                   Monticello, Utah
MP-00947-VL......................  Parcel No. 33S24E317201
                                   San Juan County
                                   Monticello, Utah
MP-00948-VL......................  Parcel No. A33240310013
                                   San Juan County
                                   Monticello, Utah
MP-00949-RS......................  Parcel No. A33240310014
                                   San Juan County
                                   Monticello, Utah
MP-00950-VL......................  Parcel No. A33240310015
                                   San Juan County
                                   Monticello, Utah
MP-00963-OT......................  Parcel No. A33240314200
                                   San Juan County
                                   Monticello, Utah
MP-00964-VL......................  Parcel No. A33240312408
                                   San Juan County
                                   Monticello, Utah
MP-00988-VL......................  Parcel No. 33S24E325400
                                   San Juan County
                                   Monticello, Utah
MP-01040-VL (North Portion)......  Parcel No. 34S24E061200
                                   San Juan County
                                   Monticello, Utah
MP-01041-VL......................  Parcel No. 34S24E060600
                                   San Juan County
                                   Monticello, Utah
MP-01042-VL......................  Parcel No. 34S24E060000
                                   San Juan County
                                   Monticello, Utah
MP-01081-VL......................  Parcel No. 34S24E052400
                                   San Juan County
                                   Monticello, Utah
MP-01083-MR......................  Parcel No. A33230317203
                                   San Juan County
                                   Monticello, Utah
MP-01102-VL......................  Parcel No. A33240313610
                                   San Juan County
                                   Monticello, Utah
------------------------------------------------------------------------


[[Page 48316]]

    A Locational Data Package that provides the latitudinal/
longitudinal coordinates and a map of the Site and the OU II Non-
Surface and Ground-Water Impacted Peripheral Properties is available to 
the public in the Site information repositories identified above.

Site History

    The Monticello Millsite, located within OU I of the Site, was 
constructed with government funding in 1942 by the Vanadium Corporation 
of America (VCA) to provide vanadium, a steel hardener, during World 
War II. Vanadium was produced through the milling of uranium-bearing 
ore. The VCA operated the Millsite until early 1944 and again from 1945 
through 1946, producing vanadium as well as a uranium-vanadium sludge 
for the Manhattan Engineer District. The U.S. Atomic Energy Commission 
(AEC) purchased the Millsite in 1948. Uranium and vanadium milling 
operations began again in 1949 under the auspices of the AEC. Vanadium 
milling operations ceased in 1955, with uranium milling continuing 
until 1960 when the Millsite was permanently closed. Four piles of 
tailings, the processing wastes remaining from uranium ore milling, 
were left at the Millsite following the cessation of milling 
operations. The total volume of tailings and soil mixed with tailings 
in these four piles was originally estimated to be approximately 
1,570,000 cubic yards.
    The tailings had significant radioactivity, especially from the 
presence of radium-226 (Ra-226), and contained certain potentially 
toxic, nonradioactive metals. Properties in and around the City became 
contaminated primarily by windblown tailings from these four piles. 
Tailings from the Millsite also were used as construction material and 
backfill on properties in and around the City. In addition, tailings 
were transported from the Millsite to downstream properties via 
Montezuma Creek. The Millsite and certain surrounding properties also 
became contaminated with residues from ore stockpiles and with by-
product materials generated during Millsite operations. It was 
originally estimated that properties outside the boundary of the 
Millsite contained approximately 400,000 cubic yards of tailings-
contaminated soils. Surface water and ground water on the Millsite and 
on certain properties outside the boundary of the Millsite became 
contaminated with radioactive materials and with toxic nonradioactive 
metals associated with tailings, such as arsenic, selenium, and 
vanadium.
    In 1961, the four tailings piles were stabilized and covered with 
uncontaminated rock and dirt to minimize the spread of contamination. 
Millsite buildings and equipment also were dismantled, some of which 
were buried on the Millsite. In 1974-1975, additional contouring of the 
Millsite and demolition of the mill foundations were undertaken to 
reduce exposure levels. In 1980, the Monticello Millsite was accepted 
into the U.S. Department of Energy's Surplus Facilities Management 
Program (SFMP), which was established for caretaking and 
decommissioning of inactive government facilities that still had 
radiological contamination. Also in 1980, the U.S. Department of 
Energy-Grand Junction Office (DOE-GJO) established the Monticello 
Remedial Action Project (MRAP) to isolate tailings-related sources and 
thereby prevent them from causing harm to human health or the 
environment.
    Two separate NPL sites were established in the Monticello area 
because of the spread of radioactive mill tailings. On June 10, 1986, 
the Monticello Vicinity Properties (MVPs), which eventually totalled 
424 private and commercial properties in the City, were established as 
the first NPL site, designated as the Monticello Radioactive 
Contaminated Properties (51 FR 21054 (June 10, 1986)). Mill tailings 
removed from the Monticello Radioactive Contaminated Properties Site 
were stockpiled temporarily at the Millsite pending final disposal in 
the repository south of the Millsite. Once removal of tailings-related 
contamination in accordance with project cleanup standards was 
completed, the Monticello Radioactive Contaminated Properties Site was 
fully deleted from the NPL on February 28, 2000 (64 FR 73423 (December 
30, 1999)).
    The Monticello Mill Tailings (USDOE) Superfund Site (the Site) was 
the other NPL site established in the Monticello area. In December 
1988, EPA, UDEQ, and DOE entered into a Federal Facility Agreement 
(FFA), pursuant to section 120 of CERCLA, 42 U.S.C. 9620, to facilitate 
remediation of the Site. The FFA established that the DOE was a 
responsible party (RP) and the lead agency for remediation at the Site. 
The DOE-GJO was tasked with providing principal staff and resources to 
plan and implement response actions at the Site. The EPA was identified 
as the lead regulatory agency with ultimate responsibility and 
authority for oversight of activities performed by DOE-GJO, but it was 
to share its decision making with UDEQ. In June 1989, prior to the Site 
being placed on the NPL, remedial action was initiated at the Site at 
one of the 22 OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties. The EPA placed the Site on the NPL on November 21, 1989 (54 
FR 48184 (November 21, 1989)). Removal of tailings-related 
contamination in accordance with project cleanup standards was 
completed at the last of the OU II Non-Surface and Ground-Water 
Impacted Peripheral Properties in January 2000. The EPA, UDEQ, and DOE-
GJO agreed on March 28, 2000, that deletion of the Site from the NPL 
would be accomplished with partial deletions. Deletion of the OU II 
Non-Surface and Ground-Water Impacted Peripheral Properties from the 
NPL was deemed appropriate because radioactive materials in soils and 
sediment had been removed to levels protective of human health and the 
environment and because no radiological or nonradiological 
contamination was present in surface water or ground water located on 
these properties.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS for the Site was completed in January 1990. The RI 
determined that Millsite operations had resulted in the spread of 
tailings-related contamination to the soil, surface water, ground 
water, and air. Most soils on the Millsite (OU I) were found to be 
contaminated with tailings and ore, some to a depth of 18 feet. Soils 
contaminated with tailings and ore were also identified on at least 200 
acres of the peripheral properties (OU II) located adjacent to the 
Millsite. Tailings-contaminated sediments (OU II), transported off the 
Millsite by Montezuma Creek, were found approximately three miles down-
gradient from the Millsite boundary. Radiological contamination was 
also detected in surface water (OU III) (Montezuma Creek) approximately 
three miles down-gradient from the Millsite boundary. Radiological 
contamination and other nonradiological contaminants of concern, such 
as molybdenum, selenium, and vanadium, were detected in ground water 
(OU III) beneath the Millsite and beneath properties located 
approximately 4,600 feet down-gradient from the Millsite boundary. Air 
at all locations sampled within the Millsite boundary was found to be 
contaminated with radon gas.
    Besides characterizing the extent of contamination on the Site, 
analytical data collected for the RI were used to perform human health 
risk assessments.

[[Page 48317]]

These assessments addressed the health risks posed by both the 
radiological and nonradiological contaminants associated with tailings. 
The primary tailings-related radiological contaminants of concern were 
gamma radiation and radon gas. The highest risk tailings-related 
nonradiological contaminants of concern included arsenic, copper, lead, 
molybdenum, selenium, uranium, vanadium, and zinc.
    The FS evaluated alternatives for remediation of the Site for each 
of OUs I, II, and III. The analytical data collected for the RI were 
used in the development and evaluation of these alternatives. The 
remedial alternatives evaluated for OUs I and II ranged from no action 
to removal of tailings contamination to a licensed off-site facility. 
The remedial alternatives evaluated for OU III ranged from no action to 
active ground and surface water collection, treatment, and discharge.

Record of Decision Findings

    A Record of Decision (ROD) for the Site was signed by UDEQ and EPA 
on August 21 and 22, 1990, respectively. The ROD identified the 
selected remedy for remediation of OUs I and II. Because the selected 
remedy for remediation of OU III was dependent on the implementation of 
the selected remedy for OUs I and II and its effect on ground and 
surface water contamination, it was determined that a separate ROD 
would be issued for OU III at a later date. A ROD for an Interim 
Remedial Action at OU III was signed by EPA and UDEQ in September 1998. 
The interim selected remedy was to allow for passive treatment of 
contaminated ground water through natural flushing and to implement 
institutional controls that would limit access to ground water pending 
the collection of sufficient data to develop a final OU III ROD. 
Contamination in surface water was expected to diminish as a result of 
the removal of the source (tailings contamination) from OUs I and II 
and natural flushing of the ground water.
    The selected remedy for remediation of OUs I and II of the Site, 
including the OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties, was to remove radioactive materials to meet specific 
cleanup standards, modify existing structures to isolate radon sources 
from inhabitants, and restore with clean materials. Cleanup activities 
required excavation and, in some cases, demolition of structures and 
other property improvements. All affected structures and other 
improvements were reconstructed or the owner was compensated based on 
their current value. The selected remedy also allowed for the 
implementation of supplemental standards and institutional controls 
such that tailings contamination exceeding the cleanup standards was 
permitted to remain on certain properties where cleanup would cause 
excessive risk of injury to workers or the public, where cleanup would 
cause excessive environmental damage, and/or where cleanup costs would 
be excessive relative to the benefits. Excavated materials were 
disposed of in a repository that was built approximately one mile south 
of the Millsite.
    The ROD stipulated numerous applicable or relevant and appropriate 
requirements (ARARs) to govern remedial actions on OUs I and II. The 
following ARARs, used for the remediation of the OU II Non-Surface and 
Ground-Water Impacted Peripheral Properties, established contaminant-
specific limits for the cleanup of radiologically contaminated soils 
and sediments:
    [sbull] 40 CFR part 192--Sets forth contaminant-specific numerical 
cleanup standards for Ra-226, radon decay products, and gamma radiation 
at 40 CFR 192.12. Criteria for using supplemental standards in lieu of 
the numerical cleanup standards set forth at 40 CFR 192.12 are provided 
at 40 CFR 192.21.
    [sbull] DOE's Guidelines for Residual Radioactive Material at 
Formerly Utilized Sites Remedial Action Program and Remote Surplus 
Facilities Management Program Sites (FUSRAP/SFMP)--Provides additional 
guidelines for cleanup of radiological contamination that exceeds the 
numerical standards of 40 CFR 192.12 that is located in an area of a 
given size (DOE ``hot spot'' criteria).
    [sbull] Resource Conservation and Recovery Act (RCRA)--Identified 
as a potential ARAR with regard to the management of any hazardous 
wastes encountered during remediation that were not governed by the 
cleanup standards set forth at 40 CFR part 192.
    [sbull] DOE Order 5400.5 ``Radiation Protection of the Public and 
Environment''--This was not an ARAR identified in the ROD but was 
implemented to guide the cleanup of uranium materials on property MP-
00211-VL, one of the OU II Non-Surface and Ground-Water Impacted 
Peripheral Properties.
    [sbull] EPA Region III Risk-Based Concentration Table (First 
Quarter 1995)--This was not an ARAR identified in the ROD but was 
implemented to guide the cleanup of certain nonradiological hazardous 
substances associated with uranium yellow cake, which was discovered 
during the remediation of property MP-00211-VL.
    [sbull] State of Utah Underground Storage Tank Rules--This was not 
an ARAR identified in the ROD but was implemented to guide the 
excavation and disposal of underground storage tanks and associated 
wastes that were discovered during the remediation of certain Site 
properties.
    The ROD stipulated that design components for the repository built 
south of the Millsite would be based on standards specified in 40 CFR 
192.02, the Uranium Mill Tailings Radiation Control Act of 1978, the 
Uranium Mill Tailings Remedial Action (UMTRA) Program, and on standards 
that would enable the repository to meet the requirements for a RCRA 
Subtitle C hazardous waste disposal facility.

Characterization of Risk

    The RI/FS identified gamma radiation and radon gas as the primary 
radiological contaminants of concern associated with uranium and 
vanadium mill tailings. Health risk assessments identified exposure to 
gamma radiation and inhalation of radon and radon daughters as the two 
most significant potential direct exposure pathways to these 
radiological contaminants. Gamma radiation emanates from tailings and 
delivers a radioactive dose to the entire body. Radon-222 and daughter 
products, which decay from Ra-226 contained in the tailings and migrate 
into the atmosphere, emit alpha radiation that affects the lungs when 
inhaled.
    The RI/FS also identified the following eight elements as the 
highest tailings-related nonradiological contaminants of concern due to 
their potential chemical toxicity: arsenic, copper, lead, molybdenum, 
selenium, uranium, vanadium, and zinc (uranium was considered to be a 
higher risk due to chemical toxicity rather than radioactivity). The 
RI/FS health risk assessments determined that the two most significant 
potential exposure pathways to these nonradiological contaminants were 
ingestion of contaminated vegetables and ingestion of contaminated 
beef. These were considered to be indirect exposure pathways resulting 
from contaminated surface water being used to irrigate fields and water 
livestock, thereby introducing the nonradiological contaminants into 
the food chain. Direct exposures to the nonradiological contaminants 
through contact with contaminated soil, water, or air were determined 
to be negligible health risks.

[[Page 48318]]

Contact with contaminated water, the most significant potential direct 
exposure pathway, was considered to be a negligible health risk because 
contaminated surface and ground waters were not used as sources for 
drinking water.
    Assessment of the various environmental media on the Site 
determined that certain contaminants of concern were within acceptable 
human health risk ranges and others were not. However, as established 
in the ROD, remediation of uranium mill tailings to meet specific 
cleanup standards was required on the Site regardless of risk 
assessment results. The numerical and supplemental cleanup standards 
set forth at 40 CFR part 192 for Ra-226, radon, and gamma radiation 
were the principal standards used to define acceptable health risk 
levels on the Site, including the OU II Non-Surface and Ground-Water 
Impacted Peripheral Properties. There were no human health risks 
associated with surface water or ground water located on the OU II Non-
Surface and Ground-Water Impacted Peripheral Properties because these 
media were not contaminated on these properties.
    All properties comprising the Site, including the OU II Non-Surface 
and Ground-Water Impacted Peripheral Properties, were individually 
evaluated to determine the presence of radiological contamination. 
After obtaining access permission from the property owner(s), a 
radiological inclusion survey was conducted by DOE-GJO or a DOE-GJO 
contractor to determine whether the property qualified for inclusion 
into the Site cleanup project. The property was excluded from the 
project and no further action was taken when radiological contamination 
exceeding project cleanup standards was not detected. When 
contamination exceeding project cleanup standards was detected, the 
property was included by DOE-GJO into the Site cleanup project.
    The property owner(s) signed a Remedial Action Agreement (RAA), 
which granted access to the property for surveys and construction and 
defined any construction completion requirements or remuneration for 
dislocation or structure demolition. A DOE-GJO contractor performed a 
detailed radiological assessment survey of the property that was used 
as the basis for the Remedial Action Design (RAD) and cost estimate. 
When the presence of nonradiological hazardous substances was 
suspected, the property was surveyed to determine whether remediation 
of nonradiological hazardous substances was required. A RAD report was 
approved by DOE-GJO and concurred with by UDEQ. The RAD report 
presented the assessment survey results and the design for remedial 
action for the property.

Response Actions

    Radioactive materials, primarily in the form of soil contaminated 
with uranium mill tailings and residues from ore stockpiles, were 
removed from the OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties. Remedial activities consisted of the following:
    [sbull] Excavation of contaminated material from the OU II Non-
Surface and Ground-Water Impacted Peripheral Properties began in June 
1989. All contaminated soil and construction materials exceeding the 
cleanup standards specified in 40 CFR 192.12, except where supplemental 
standards were implemented, were excavated and disposed by the DOE-GJO 
Remedial Action Contractor (RAC).
    [sbull] After removal of contaminated material and before 
backfilling, verification surveys were performed by the DOE-GJO RAC to 
demonstrate compliance with the 40 CFR 192.12 cleanup standards. For 
the supplemental standards properties and property MP-00211-VL, 
verification surveys were performed to demonstrate compliance with 
property-specific cleanup levels corresponding with current land use 
scenarios. Verification surveys were completed on the OU II Non-Surface 
and Ground-Water Impacted Peripheral Properties by January 2000.
    [sbull] Post-construction monitoring of radon levels was performed, 
where applicable, to verify compliance with 40 CFR 192.12 cleanup 
standards.
    [sbull] Backfill was placed in excavated areas and properties were 
reconstructed to a physical condition comparable to that which existed 
before remedial activities.
    [sbull] EPA, UDEQ, and DOE-GJO conducted numerous Site visits 
throughout the course of remedial activities, including at the OU II 
Non-Surface and Ground-Water Impacted Peripheral Properties, to observe 
assessment surveys, remedial action, verification sampling, and 
restoration.
    [sbull] Contaminated material removed from the OU II Non-Surface 
and Ground-Water Impacted Peripheral Properties was disposed in a 
repository built approximately one mile south of the former Millsite. 
The repository, part of OU I of the Site, contains a double high 
density polyethylene (HDPE) liner with a leak detection system, thereby 
meeting the functional equivalence of a RCRA Subtitle C hazardous waste 
disposal facility. The repository cover is approximately 8.5 feet thick 
and includes a radon barrier.
    [sbull] The DOE-GJO RAC prepared a Property Completion Report (PCR) 
for each of the remediated OU II Non-Surface and Ground-Water Impacted 
Peripheral Properties. The PCRs document the remedial activities 
performed for each property, including assessment results, verification 
surveys, and volumes and areas excavated. EPA and UDEQ approved all 
PCRs for the OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties by March 5, 2001.
    [sbull] Advanced Infrastructure Management Technologies (AIMTech) 
(formerly Oak Ridge National Laboratory (ORNL)), the DOE-GJO 
independent verification contractor (IVC), performed verification of 
field surveys and measurements, physical sampling, and laboratory 
analyses for 10 percent of the Site properties. AIMTech performed 100 
percent reviews for DOE-GJO RAC documents that reported remedial 
activities for the OU II Non-Surface and Ground-Water Impacted 
Peripheral Properties.
    [sbull] The DOE-GJO RAC prepared a Remedial Action Report (RAR) for 
the OU II Non-Surface and Ground-Water Impacted Peripheral Properties. 
The RAR summarizes the remedial actions completed on the properties, 
the performance standards used to direct the remedial actions, the cost 
of the remedial actions, and the operations required to preserve the 
effectiveness of the remedial actions. UDEQ and EPA approved the RAR on 
May 18, 2001, and June 4, 2001, respectively.

Cleanup Standards

    Cleanup standards associated with radioactive materials in 
tailings-contaminated soils and sediment were the primary standards 
used to define acceptable health risk levels and to guide remediation 
efforts for the OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties. No radiological or nonradiological contamination was 
identified in surface water or ground water located on these 
properties, therefore cleanup standards associated with these media 
were not applicable. Gamma radiation and radon gas were identified as 
the primary tailings-related radiological contaminants of concern. 
Reduction of gamma radiation and radon gas associated with uranium mill 
tailings was achieved through the cleanup of Ra-226. The principal 
source of radiological cleanup standards used for the

[[Page 48319]]

remediation of the OU II Non-Surface and Ground-Water Impacted 
Peripheral Properties, 40 CFR 192.12, specifies the following maximum 
allowable Ra-226 concentrations for land:
    [sbull] 5 picocuries per gram (pCi/g) above background in the first 
15 centimeters (cm) of soil, averaged over 100 square meters (m\2\) 
(the background Ra-226 concentration for Monticello is approximately 
1.0 pCi/g); and
    [sbull] 15 pCi/g above background in any 15-cm interval more than 
15 cm below the surface, averaged over 100 m\2\.
    40 CFR 192.12 specifies the following maximum allowable radon 
concentrations and gamma radiation levels for occupied or habitable 
structures:
    [sbull] Radon decay-product concentrations (RDCs): less than 0.02 
working level (WL) to the extent practicable, and shall not exceed 0.03 
WL; and
    [sbull] Gamma exposure rates: a maximum of 20 microroentgens per 
hour ([mu]R/h) above background (the background gamma exposure rate for 
Monticello is approximately 15 [mu]R/h).
    In conjunction with the cleanup standards set forth at 40 CFR 
192.12, the ``hot spot'' criteria specified in the DOE's Guidelines for 
Residual Radioactive Material at Formerly Utilized Sites Remedial 
Action Program and Remote Surplus Facilities Management Program Sites 
(FUSRAP/SFMP) were considered for cleanup standards. The DOE hot spot 
criteria specify the maximum radionuclide concentration allowable for a 
deposit of contamination of a given size that is still protective of 
human health and the environment.
    Supplemental standards, as provided for in 40 CFR 192.21, were 
implemented in lieu of the 40 CFR 192.12 cleanup standards for the 
following OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties. The supplemental standards were developed on a case-by-case 
basis and were based on health risk assessments. UDEQ and EPA approved 
the application for these supplemental standards on June 17, 1999, and 
July 1, 1999, respectively:
    [sbull] Supplemental standards were implemented for radiologically 
contaminated material located in an environmentally sensitive 
pi[ntilde]on/juniper area on property MP-01041-VL. Supplemental 
standards were implemented on this property because remedial action 
would directly produce environmental harm that is clearly excessive 
compared to the health benefits (40 CFR 192.21(b)), and because the 
cost of remedial action would be unreasonably high relative to the 
long-term benefits and the residual radioactive materials do not pose a 
clear present or future hazard (40 CFR 192.21(c)). The supplemental 
standards permitted radiological contamination exceeding the 40 CFR 
192.12 cleanup standards to remain in place. In conjunction with the 
supplemental standards, institutional controls were implemented that 
will limit future public exposure to any remaining radiological 
contamination. The institutional controls, recorded in the San Juan 
County Courthouse, restrict ownership to a public entity, require the 
owner to manage the property as publicly accessible open space, 
prohibit the construction of habitable structures, limit land use to 
day-use recreation, and prohibit the removal of soil from the property. 
Institutional controls also include fencing to direct traffic to 
defined entry and exit points and a requirement for DOE to conduct 
regular inspections to ensure the selected remedy remains protective of 
human health and the environment.
    [sbull] Supplemental standards were implemented for radiologically 
contaminated material associated with city-owned street and utility 
rights-of-way. Radiological contamination associated with city-owned 
street and utility rights-of-way was confirmed on property MP-00180-CS, 
and may exist within city-owned street and utility rights-of-way 
located on other OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties. Supplemental standards were implemented on city-owned 
street and utility rights-of-way because the cost of remedial action 
would be unreasonably high relative to the long-term benefits and the 
residual radioactive materials do not pose a clear present or future 
hazard (40 CFR 192.21(c)). The supplemental standards permitted 
radiological contamination exceeding the 40 CFR 192.12 cleanup 
standards to remain in place. In conjunction with the supplemental 
standards, institutional controls were implemented that will limit 
future public exposure to any remaining radiological contamination. The 
institutional controls, established through a Cooperative Agreement 
between DOE and the City, require that city-owned street and utility 
rights-of-way remain open as public rights-of-way without any 
structures or encumbrances, define the responsibilities of DOE and the 
City with regard to excavating these areas and managing any 
radiological contamination that is encountered, and require DOE to 
conduct inspections to ensure the selected remedy remains protective of 
human health and the environment.
    Property-specific cleanup standards for contaminants in addition to 
those addressed in 40 CFR 192.12 were established for one property, MP-
00211-VL. Cleanup standards were established for thorium-230 (Th-230), 
uranium, and vanadium for the Phase I portion of MP-00211-VL because of 
the presence of uranium yellow cake. The maximum allowable Th-230, 
uranium, and vanadium concentrations for Phase I of MP-00211-VL were:
    [sbull] Th-230: 15 pCi/g above background in any 15-cm interval of 
soil more than 15 cm below the surface, averaged over 100 m2 
(derived from the DOE FUSRAP/SFMP guidance);
    [sbull] Total uranium: 6,100 milligrams per kilogram (mg/kg) 
(approximately 4,290 pCi/g) in any 15-cm-thick layer of soil, averaged 
over 100 m2 (derived from the EPA Region III Risk-Based 
Concentration Table, Soil Ingestion, Industrial Setting (First Quarter 
1995)); and
    [sbull] Total vanadium: 14,000 mg/kg in any 15-cm-thick layer of 
soil, averaged over 100 m2 (derived from the EPA Region III 
Risk-Based Concentration Table, Soil Ingestion, Industrial Setting 
(First Quarter 1995)).
    Cleanup standards were established for uranium for the Phase II 
portion of MP-00211-VL because of the proximity of this area to the 
former mill processing plant. The maximum allowable uranium 
concentration for Phase II of MP-00211-VL was:
    [sbull] Total uranium: 300 pCi/g in any 15-cm-thick layer of soil, 
averaged over 100 m2 (developed to meet the general 
radiation protection standards specified in DOE Order 5400.5 
``Radiation Protection of the Public and the Environment'').
    The cleanup standards for these additional contaminants for MP-
00211-VL are appropriate for the current industrial/recreational land 
use of this property. In conjunction with these additional cleanup 
standards, institutional controls were implemented that will limit 
public exposure to any remaining contamination should the land use 
change to residential in the future. The institutional controls, 
implemented through a zoning restriction (City Ordinance No. 2003-2), 
prohibit the construction of habitable structures on the property 
unless certain conditions prescribed by the zoning restriction are met. 
These conditions include a requirement for DOE to survey the excavated 
foundation footprint of any habitable structure being constructed to 
check for the presence of uranium. The zoning restriction also

[[Page 48320]]

defines the responsibilities of DOE and the City should the noted 
contaminants be encountered on the property in the future.
    Cleanup requirements specified in the Utah Administrative Code, 
Title R311, ``Utah Underground Storage Tank Rules,'' were used for the 
remediation of a leaking diesel fuel underground storage tank (UST) and 
associated petroleum-contaminated soils encountered on Phase I of MP-
00211-VL. The abandoned UST and petroleum-contaminated soils were 
disposed in the repository south of the Millsite. The petroleum 
contamination that remains at MP-00211-VL in association with these 
remediated materials is at levels that allow unlimited use or 
unrestricted exposure.
    In summary, radioactive materials in tailings-contaminated soils 
and sediment and additional contaminants have been removed from the OU 
II Non-Surface and Ground-Water Impacted Peripheral Properties to meet 
the prescribed cleanup standards for the current land use. The 
attainment of these cleanup standards signifies that acceptable health 
risk levels have been achieved.

Operation and Maintenance

    To ensure the long-term effectiveness of the selected remedy, the 
following OU II Non-Surface and Ground-Water Impacted Peripheral 
Properties where supplemental standards were implemented for 
radiological contamination left in place have been included in DOE's 
Long Term Surveillance and Maintenance (LTSM) Program: property MP-
01041-VL and properties such as MP-00180-CS where radiological 
contamination remains in association with city-owned street and utility 
rights-of-way. The LTSM Program will monitor these properties to 
confirm that the supplemental standards and the previously described 
institutional controls are maintained to limit future public exposure 
to any remaining radiological contamination. In addition, the LTSM 
Program will monitor property MP-00211-VL to confirm that the 
appropriate zoning restriction conditions are maintained to limit 
exposure to any remaining contamination. Monitoring of property MP-
00211-VL includes a procedure for surveying the excavated foundation 
footprint of any habitable structure being constructed for the presence 
of uranium. No other operation and maintenance is required on the OU II 
Non-Surface and Ground-Water Impacted Peripheral Properties to preserve 
the selected remedy.

Five-Year Review

    Pursuant to CERCLA section 121(c), DOE must conduct statutory 
CERCLA Five-Year Reviews for the OU II Non-Surface and Ground-Water 
Impacted Peripheral Properties because contamination remains at certain 
properties above levels that allow unlimited use or unrestricted 
exposure. These are the previously cited property MP-00211-VL, 
supplemental standards property MP-01041-VL, and supplemental standards 
properties such as MP-00180-CS where radiological contamination remains 
in city-owned street and utility rights-of-way. These properties all 
have land use restrictions in place. CERCLA Five-Year Reviews ensure 
the selected remedy remains effective.
    The first CERCLA Five-Year Review for the Site was completed on 
February 13, 1997. This CERCLA Five-Year Review, covering the period 
from 1991 through 1996 when remediation was ongoing at the Site, 
discussed the status of remedial actions and noted that the need for 
supplemental standards for certain properties on the Site, including 
the OU II Non-Surface and Ground-Water Impacted Peripheral Properties, 
was being negotiated with EPA and UDEQ. The most recent CERCLA Five-
Year Review, completed in August 2002, evaluated the completion of 
remediation of radioactive materials in soils and sediment for OUs I 
and II, the completion and capping of the repository located south of 
the Millsite, transferral of the Millsite to the City, and restoration 
of the Millsite. The next CERCLA Five-Year Review for the Site is 
scheduled for June 2007.

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 of the OU II Non-Surface and Ground-
Water Impacted Peripheral Properties portion of the Site from the NPL 
are available to the public in the Site information repositories 
identified above.

V. Deletion Action

    The EPA has determined that all appropriate responses under CERCLA 
have been completed, and that no further response actions under CERCLA, 
other than operation and maintenance and five-year reviews, are 
necessary. Therefore, EPA is deleting the OU II Non-Surface and Ground-
Water Impacted Peripheral Properties portion of the Site from the NPL. 
The State of Utah (UDEQ) concurs with the decision to delete the OU II 
Non-Surface and Ground-Water Impacted Peripheral Properties portion of 
the Site from the NPL provided that no adverse comments are received 
during the public comment period.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective October 14, 2003, unless EPA receives adverse comments by 
September 12, 2003. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final partial deletion before its effective date and the partial 
deletion will not take effect. In such case, EPA 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. 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, Water pollution 
control, Water supply.

    Dated: July 31, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 2 of appendix B to part 300 is amended by revising the entry 
for ``Monticello Mill Tailings (USDOE),'' Monticello, UT to read as 
follows:

Appendix B to Part 300--National Priorities List

* * * * *

[[Page 48321]]



                                      Table 2.--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
             State                                Site name                       City/county        Notes \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
UT.............................  Monticello Mill Tailings (USDOE)...........  Monticello           P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ * * *.
P = Site with partial deletion(s).

[FR Doc. 03-20430 Filed 8-12-03; 8:45 am]
BILLING CODE 6560-50-P