[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36607-36610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13056]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-8335-9]


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 approximately 7 
acres within the Uravan Superfund Site (Site), located in Montrose 
County, Colorado, from the National Priorities List (NPL). The acerage 
comprises a one mile section of Colorado State Highway 141 between mile 
posts 75 and 76.
    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 Substance 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, under CERCLA, for the approximate 7 
acres have been completed and, therefore, further remedial action 
pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be effective September 4, 2007. 
If adverse comments are received by August 6, 2007, 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, Project Manager, 
8EPR-SR, [email protected], U.S. EPA, Region 8, 1595 Wynkoop, 
Denver, Colorado 80202-1129, (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 
located at U.S. EPA Region 8 Records Center, 1595 Wynkoop, Denver, 
Colorado 80202-1129, (303) 312-6473, hours of operation M-F 8 a.m. to 4 
p.m., or at the Colorado Department of Public Health and the 
Environment, Records Center, Building B, Second Floor, 4300 Cherry 
Creek Drive South, Denver, CO 80246-1530, hours of operation M-F 8 a.m. 
to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager, 8EPR-
SR, [email protected], U.S. EPA, Region 8, 1595 Wynkoop, Denver, 
Colorado 80202-1129, (303) 312-6552 or toll free 1-800-227-8917, 
extension 6552.

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 approximately 7 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

[[Page 36608]]

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 non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective September 4, 2007, 
unless EPA receives adverse comments by August 6, 2007, 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 a portion of the site 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 right 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. The Site is located adjacent to 
the San Miguel River which drains into the Dolores River and hence to 
the Colorado River.
    This partial deletion pertains to approximately 7 acres, a one mile 
section of Colorado State Highway 141, comprised of a right-of-way up 
to 60 feet in width between mile posts 75 and 76.

Site History

    Colorado State Highway 141 traverses the Uravan Superfund site in 
western Colorado. The Uravan site is included on the National 
Priorities List (NPL) and is undergoing remedial work pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA). The Colorado Department of Transportation (CDOT) has 
completed cleanup activities along the portion of Highway 141 impacted 
by radioactive mill tailings generated from the Manhattan Project in 
the 1940's.
    A curve in State Highway 141 between mile posts 75 and 76 was 
identified as having significant safety issues related to its design. 
Highway 141 in this area was thought to be underlain by radioactive 
materials. Gamma data and 26 soil borings along the roadway confirmed 
that the roadway was underlain by radioactive materials.
    Construction activities associated with the road realignment 
exposed approximately 1 mile of road bed containing radioactive 
materials and these waste materials were removed and relocated to a 
secure on-site repository on Club Mesa for long-term isolation. 
Institutional controls or future site inspections of the highway are 
not warranted because of the successful removal of contaminated 
materials.

Site Investigation

    Post-remedial action conditions at the Highway 141 site were 
evaluated using penetrating radiation surveys and laboratory analyses 
conducted on surface and subsurface soil samples collected in 2006. All 
of the pertinent details concerning site activities were taken from the 
September 2006 Final Construction and Soil Confirmation Investigation 
Report prepared by Umetco Minerals Corporation (Umetco). Twelve 
representative soil sample locations were randomly selected using the 
U.S. Department of Energy's (DOE) Visual Sampling Plan Version 2.2

[[Page 36609]]

software. Investigative procedures followed site-specific guidance 
documents regarding data collection.
    CDPHE conducted walking surveys of the highway right-of-way after 
excavation was complete. In addition, CDPHE obtained splits of selected 
samples and conducted soil sample analyses in their laboratory. Both of 
these activities confirmed that the measurements and analytical results 
obtained during Umetco's investigation were reasonable, repeatable and 
valid.
    Cleanup criteria for soils in the Uravan area were established in 
Umetco's report titled Soil Cleanup Program Methodology for Uravan, 
Colorado dated June 1999. The report sets forth two criteria for 
unrestricted use of the property. Category 1 criteria are based on 
attaining soil cleanup levels that are within background ranges and 
Category 2 criteria represent soil cleanup levels that are health-risk 
based. Both Category 1 and 2 cleanup levels are protective of human 
health and allow for unrestricted use of the property.

Remedy Decision

    Evaluation of radioactive materials and contaminated soils along 
Highway 141 was initiated in 1996 with the development of a remedial 
investigation plan for the highway right-of-way and surrounding 
environs that Umetco reported in a March 1996 Remedial Investigation 
Plan for Surface and Subsurface Soils and Structures Northeast of 
Highway 141. This investigation plan described field techniques and 
methods to be used during site characterization activities and set 
forth data quality objectives for conducting on-site gamma measurements 
and obtaining analytical data from the laboratory testing of surface 
and subsurface soil samples. The April 2000 Characterization Report and 
Remedial Action Plan prepared by Umetco shows that contaminated 
materials were likely present beneath the roadway between mileposts 75 
and 76 but that the remaining part of the roadway from milepost 76 and 
78 did not contain uranium mill tailing materials. This conclusion was 
in conformance with known, historical processing activities that only 
occurred in the area between mileposts 75 and 76 (the Manhattan 
Project).
    CDOT characterized the area utilizing 26 soil borings along the 
highway shoulders to obtain subsurface geological, environmental and 
geotechnical information. Boring depths ranged from 4 to 20 feet and 
all were logged with a gamma scintillometer. The borings were advanced 
until native soils were encountered, generally 10 to 20 feet, or until 
refusal. Umetco supplied trained radiological technicians and equipment 
to assist in logging the borings, and to maintain control of 
contaminated materials.
    Direct surface and subsurface field measurements included the use 
of scintillation penetrating radiation measurements. Gamma radiation 
measurements were performed at the soil surface and subsurface at 
approximately 1 foot intervals along the vertical bore path. Gamma 
radiation measurements were collected in-situ to appraise penetrating 
radiation exposure rates and to estimate soil radionuclide 
concentrations.

Characterization of Risk

    A characterization investigation was conducted in accordance with 
established procedures that indicated radioactive materials were 
present in the area from mileposts 75 and 76 but that such materials 
were not present in the remaining Highway 141 right-of-way.
    Following site cleanup, the average contaminant concentrations of 
radionuclides and heavy metals in soil in the CDOT Highway 141 project 
area have been reduced to levels below appropriate soil cleanup 
objectives. Remedial actions were successful in restoring the land to 
concentrations at or below background ranges and, thus, assuring that 
there is no incremental human risk from any of the eleven constituents 
of concern.

Response Actions

    CDOT's contractor began the removal of contaminated materials in 
the southwest area of Highway 141 on January 16, 2006. The contractor 
removed contaminated debris and excavated contaminated soils from 
specified areas within the highway right-of-way. Radiologically 
elevated soils were removed to depths determined by real time 
scintillometer surveys. Approximately 51,000 cubic yards of 
contaminated materials were removed from the CDOT right-of-way and an 
additional 2,800 cubic yards were removed from Umetco's property 
adjacent to the right-of-way.
    All material excavated from the roadway was dry and groundwater was 
not encountered while conducting the remedial activities. In addition, 
there was a sharp boundary between the tailings material and the 
underlying native, clayey soils. Contaminated materials did not migrate 
into the soils or into groundwater in the subject area.
    The area was backfilled and regraded. On numerous occasions, CDPHE 
verified that cleanup activities were being conducted properly.
    Contaminated materials were removed from the access to county road 
EE-22 and the bypass was backfilled. All disturbed areas were graded to 
blend with the surrounding topography and provide, as far as 
practicable, the original drainage features. The area was revegetated 
in May 2006.

Cleanup Standards

    Remedial activities were conducted in accordance with the Uravan 
Consent Decree and Remedial Action Plan that sets forth cleanup goals 
for the removal and disposal of radioactive materials. These cleanup 
goals were established using applicable, relevant and appropriate 
standards described in the Consent Decree. The Final Construction and 
Soil Confirmation Report describes the remedial actions performed along 
the roadway and assesses the effectiveness of the soil cleanup 
activities.

Operation and Maintenance

    The remedial actions attained the goal of unrestricted use of the 
property. Future institutional controls or future site inspections are 
not warranted in the Highway 141 project area because all soil cleanup 
criteria for unrestricted use of the land have been attained at the 
site.

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.

V. Deletion Action

    The EPA, with concurrence of the State of Colorado, has determined 
that all appropriate responses, for the approximate 7 acres within the 
Uravan Superfund Site, under CERCLA have been completed, and that no 
further response actions, under CERCLA, 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 September 4, 2007, unless EPA receives adverse comments by 
August 6, 2007. 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

[[Page 36610]]

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: June 26, 2007.
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.

0
2. Table 1 of Appendix B to Part 300 is amended by revising the entry 
under Colorado for ``Uravan Uranium Project (Union Carbide)'' to read 
as follows:

Appendix B to Part 300--National Priorities List

                   Table 1.--General Superfund Section
------------------------------------------------------------------------
       State              Site name         City/county      Notes  (a)
------------------------------------------------------------------------
 
                              * * * * * * *
CO.................  Uravan Uranium      (former town of)   P\*\
                      Project (Union      Uravan.
                      Carbide).
 
                              * * * * * * *
------------------------------------------------------------------------
(a) * * *
*P = sites with partial deletion(s).

[FR Doc. E7-13056 Filed 7-3-07; 8:45 am]
BILLING CODE 6560-50-P