Quivira Mine Site SEMS-RM DOCID # 1170063 Vent Hole and ... · The initial AM was signed on August 24, 2010, with a project ceiling limit of $100,000. The project ceiling covered

Quivira Mine Site Vent Hole and Bridge Removal Action Site ID 09QM

MEMORANDUM

DATE:

SUBJECT:

FROM:

TO:

THROUGH:

I. PURPOSE

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX

75 Hawthorne Street San Francisco, CA 94105

Request for Approval and Funding for Change in Scope, Ceiling Increase,

and Emergency Exemptions from the $2 Million and 12-Month Statutory Limits for a Time-Critical Removal Action at the Quivira Mine Site, Coyote Canyon Chapter, Navajo Nation, McKinley County, New Mexico, EPA Site ID 09QM

Mark Ripperda, Remedial Project Manager Tribal Lands Cleanup Section (SFD-6-2)

Enrique Manzanilla, Director Superfund Division (SFD-9)

Clancy Tenley, Assistant Director~ Superfund Division (SFD-6)

Laurie Williams, Senior Attorney ;w' Office of Regional Council (ORC-3)

The purpose of this Action Memorandum (AM) is to request and document approval for a

change in scope, a ceiling increase and an emergency exemption from the $2 million and 12

month statutory limits for a removal action at the Quivira Mine CR-1 and CR-lE Site

(collectively the "Quivira Mine Site" or the "Site"). The original AM for the Site was signed on

August 24, 2010. See Attachment 1. A second AM (First Amendment) was signed on September

11, 2012. See Attachment 2. This third AM (Second Amendment) seeks approval to spend up to

$5,040,000 in extramural funds from the Tronox Quivira Special Account to perform actions to

mitigate threats to human health and the environment posed by the presence of hazardous

substances near vent holes and a bridge at the Site. The new project ceiling will be $5,890,000.

In accordance with the Superfund Removal Guidance for Preparing Action Memoranda

(OSWER September 2009), removal actions at non-National Priorities List (NPL) sites that

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SEMS-RM DOCID # 1170063


may affect other sovereign nations, including Indian Tribes, are issues of national significance and require concurrence from the U.S. Environmental Protection Agency (EPA) Office of Land and Emergency Management. Region 9 has sought and obtained concurrence from the Office of Emergency Management. See Attachment 3.

The proposed removal of hazardous substances would be undertaken pursuant to Section 104(a)(l) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9604(a)(l), and Section 300.415 of the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"), 40 CF~i§;CGO,QA:~5~t? C'.;l

\; Q V O \/ .) c)'. \; v-·-1 () \i

II. SITE CONDITIONS AND BACKGROUND

Site Status: Non-NPL Category of Removal: Time-Critical CERCLIS ID: NNSFN0905492 SITE ID: 09QM

A. Site Description

1. Removal Site Evaluations

Rio Algom Mining LLC ("Rio Algom"), a Potentially Responsible Party (PRP), conducted the initial Removal Site Evaluation (RSE) at the Quivira Mine Site with U.S. EPA and Navajo Nation Environmental Protection Agency (NNEPA) oversight, pursuant to the 2010 Administrative Order on Consent (AOC). The initial RSE was finalized in 2012. See Attachment 4. The RSE identified soil contaminated with radium-226 (Ra-226) at and around the mine waste piles, the Red Water Pond Road, and around abutments to the bridge leading to the Site.

The bridge on Red Water Pond Road was built by the mining company at the start of mining operations as an access route to the mine. Red Water Pond Road is now in the Bureau of Indian Affairs (BIA) road inventory, but the bridge is not in the BIA inventory. BIA does not accept any responsibility for the bridge. Rio Algom hired Conestoga-Rovers and Associates (CRA) in 2015 to perform a structural assessment of the bridge. This was not part of an enforcement action. CRA documented significant structural problems with the bridge in their 2015 report. See Attachment 5.

The four vent holes that are the primary focus of this AM were not included in the original RSE. EPA's START contractor performed limited gamma scanning of Vent Holes 1 and 3 in 2010 and 2012, respectively, and found readings in the range of 2-4 times background. EPA took no action at that time because the vent hole areas were within fences. The fences surrounded areas larger than the impacted areas and were in poor condition, but EPA believed that they served an adequate purpose of restricting access to the contaminated areas. The community has subsequently pointed out t4e continued deterioration of the fences and says that

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their children regularly go within the vent hole areas. The community brought Vent Holes 2 and 4 to EPA's attention in 2015.

START collected soil samples and conducted gamma surveys at all four vent holes during the Vent Hole RSE field investigations in 2015/2016. See Attachment 6 for the Vent Hole RSE Report (2016). The sampling and scanning results show that each vent hole is surrounded with Ra-226 contamination above background and above preliminary remediation goals, in both surface and near-surface soils.

2. Physical Location

The Site is located in the Coyote Canyon Chapter on the Navajo Nation Reservation in Sections 35 and 36, Township 17 North, Range 16 West approximately 20 miles northeast of Gallup in McKinley County, New Mexico. The Lat/Long coordinates are: 35.6654391042 N / -108.500960227 W. See Figure 1 for the Site Location Map.

The following aliases have been used to describe the Site: Churchrock 1, NE Churchrock, Kerr McGee Quivira, Quivera, and Kerr-McGee Section 35 Mine.

The Site is in close proximity to the United Nuclear Corporation Mill NPL Site located on Sections 36 and 2, which is managed jointly by the U.S. Nuclear Regulatory Commission (NRC) and EPA Region 6.

The Site is located within a Navajo community. Approximately 125 Navajo people live within one-half mile of the Site and live a traditional lifestyle that includes raising livestock and gathering local plants. EPA consults with the Navajo Nation on all EPA activity at the Site and has conducted extensive community involvement activities in coordination with NNEP A.

Portions of the Site sit on the edge of arroyos that feed into the Rio Puerco.

3. Site Characteristics

The Site is a former uranium mine, which was operated by the Kerr McGee Corporation (KMC) and its successors from 1974-1985. All the uranium ore from the mines, approximately 5 million pounds, was processed at the Quivira Mining Corporation (QMC) Ambrosia Lake Mill located in Grants, New Mexico.

The four vent holes at the Site were used to expel radon from the subsurface mine workings during mining operations. Dust contaminated with radium-226 and its progeny was also expelled and settled around the vent holes. The vent holes were backfilled with mine waste and then capped with cement when the mines were closed.

The Site is located on tribal lands, but the Navajo Nation was neither an owner nor an operator of the mines at the Site.

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Two previous actions were performed by Rio Algom, as a PRP. The actions are discussed in Section H.B.

EPA Region 9 has received approximately $90 million to address contamination at the Quivira Mine Site from the 2011 and 2014 settlements entered into by the.United States in connection with the Tronox, Inc. bankruptcy litigation. These funds are held in the Tronox Quivira Special Account.

4. Release or threatened release into the environment of a hazardous substance, or pollutant or contaminant

The contaminant of concern for this action is radium-226 plus progeny. Radium-226 and its progeny are radioactive materials and are hazardous substances under CERCLA.

5. NPL status

The Site is not listed on the NPL. In 2000, the Navajo Superfund Program conducted a pre-CERCLIS site screening of the Quivira Mine Site (CERCLIS ID No. NNSFN0905492).

6. Maps, pictures and other graphic representations

A photo log is included in Attachment 7.

B. Other Actions to Date

1. Previous Actions

As noted above, two previous removal actions at the Site were completed by Rio Algom. The initial AM was signed on August 24, 2010, with a project ceiling limit of $100,000. The project ceiling covered EPA extramural costs for technical support for oversight of the PRP's work. Rio Algom chip-sealed Red Water Pond Road, and installed erosion controls on the waste piles ahd fencing around the waste piles. Rio Algom performed the work under the 2010 AOC.

The second AM was approved on September 11, 2012, with a project ceiling limit of $750,000 for that action and $850,000 cumulative. However, EPA's extramural costs were only $133,484, because Rio Algom performed the work under the 2012 Unilateral Administrative Order (UAO). Rio Algom excavated contaminated soil from under and near the Red Water Pond Road. Due to the instability of the bridge, Rio Algom could not safely excavate the contaminated soils around the bridge abutments at that time.

2. Current Actions

None.

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C.

1.

State and Local Authorities Roles

State and local actions to date

In 2000, the Navajo Superfund Program conducted a pre-CERCLIS site screening of the

Quivira Mine Site. No other State or Tribal actions have taken place at the Site.

U.S. EPA has been conducting formal consultations with the Navajo Nation for a broad

range of Abandoned Uranium Mine (AUM)-related issues for several years. EPA has consulted

with both the Navajo Nation President and the NNEP A NNEP A has been closely involved in

the planning and execution of the removal actions, including plans for the actions described in

this action memorandum. These discussions satisfy the regulatory requirements for tribal

consultation.

2. Potential for continued State/local response

NNEP A does not have the resources to perform the response action. EPA has and will

continue to consult with NNEP A regarding all actions to be taken at the Site. NNEP A is directly

engaged in the community involvement with EPA. EPA will work in the future with Navajo

Tribal Utilities Authority to re-route water and power lines off the Site prior to implementing the

final response action for the Site.

III. THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT,

AND STATUTORY AND REGULATORY AUTHORITIES

The Site contains an ongoing release of the CERCLA hazardous substances radium-226

and its progeny. The likelihood of human exposure, via direct gamma radiation, ingestion and

inhalation of hazardous substances, and the threat of potential future releases and migration of

those substances, pose an imminent and substantial endangerment to public health, welfare, and

the environment based on the factors set forth in the NCP, 40 CFR § 300.415(b)(2). These

factors include:

1. Actual or potential exposure to hazardous substances or pollutants or contaminants

by nearby populations or the food chain

Analytical results indicate that concentrations of radium-226 identified in soil at the Site

exceed background and EPA's preliminary remediation goals (PRGs). Significant portions of the

removal action area have average concentrations of radium-226 at approximately 90 pCi/g (see

Vent Hole RSE Report, provided as Attachrn~nt 5). This corresponds to a risk level of 10-2•

Acute inhalation exposure to high levels of radium can cause adverse effects to the blood

(anemia) and eyes (cataracts). It also has been shown to affect the teeth, causing an increase in

broken teeth and cavities. Exposure to high levels of radium results in an increased incidence of

bone, liver, and breast cancer. The EPA and the National Academy of Sciences, Committee on 5


Biological Effects of Ionizing Radiation, has stated that radium is a known human carcinogen (ATSDR, 1999). Inhalation of radium contaminated particulates is of particular concern. Radium emits alpha radiation, which, when inhaled, becomes a source of ionizing radiation in the lung and throat, possibly leading to toxic effects.

Much of the contaminated material in the Site is fine-grained and therefore likely to result in human exposure via inhalation or ingestion. Contamination is readily accessible to nearby residents, including children who play outside regularly in the area. Persons occupying or traversing the Site may be exposed to contaminated dust by inhalation or ingestion of contamination sorbed to particulate matter. Incidences of direct contact with natural and mechanically generated dust during these activities account for known contamination exposure scenarios faced at the Site. Radium-226 may be entrained in naturally and mechanically generated dust and/or transported on shoes and clothing of residents passing over contaminated areas.

Radium-226 and its progeny emit ionizing gamma radiation which is a direct exposure pathway and does not require inhalation or dermal exposure to soil and dust.

Activities that occur in the contaminated areas may put people at risk, including walking, playing, livestock grazing, gathering plants, horseback riding and driving. Children may eat contaminated soils during play activities.

2. High levels of hazardous substances in soils at or near the surface that may migrate

Contaminated soils from the Site may migrate off-site via wind and water transport mechanisms.

3. Weather conditions that may cause hazardous substances to migrate or be released

Rainfall events may lead to transport of the contamination from the Site to homesite locations. High soil erosion rates may indicate transport of contamination from the Site, constituting a release of hazardous substances and resulting in secondary contamination sources. In addition, dry conditions and high winds are common in the area. Contaminants may migrate during high wind events due to the propensity for contaminants to adhere to windbome dust particles.

4. Availability of other appropriate federal or state response mechanisms to respond to the release

The NNEP A has informed EPA that it does not have the resources to address the Site.

IV. ENDANGERMENT DETERMINATION

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There is an immediate risk to public health or welfare due to current, ongoing exposure to high levels of radium-226 and its progeny. Actual and threatened releases of hazardous substances from this Site, if not addressed by implementing a Time-Critical Removal Action, present an imminent and substantial endangerment to public health, welfare, or the environment.

V. EXEMPTION FROM STATUTORY LIMITS

Continued response actions are immediately required to prevent, limit, or mitigate an emergency. As explained above, the Site conditions meet statutory emergency exemption criteria. Pursuant to EPA delegations 14-2 and R9 1290.03A, the Assistant Directors of the Superfund Division are authorized to determine whether an exception from the $2 million and 12-month statutory limitations is warranted. This expansion in scope from the previous two removal actions is necessary because exposure to children at Vent Holes 1 and 3 has developed subsequent to the previous actions and EPA was unaware of the existence of Vent Holes 2 and 4 at the time of the previous actions. EPA was aware of the contamination at the bridge, but could not safely address it at that time.

EPA Region 9 believes that, consistent with the standards for ·exception stated in 42 U.S.C. § 9604(c)(l)(A) and 40 C.F.R. § 300.415(b)(5), an exception to the cost and time limits for removal actions is warranted for the following reasons:

1. There is an immediate risk to public health or welfare or the environment

The hazardous substances documented at the Site present a risk of exposure to external gamma and alpha ionizing radiation, and radium-226 contamination to nearby adult and child residents, livestock, and wildlife. Exposures to gamma and alpha ionizing radiation due to the presence ofradium-226 pose an increased risk of toxic effects including cancer. See Section III.1. for more information and other health risks related to exposures to these hazardous substances.

2. Continued response actions are immediately required to prevent, limit or mitigate an emergency

If immediate actions are not taken to reduce, abate, and prevent discharges from the Site, then further damage to human health and the environment will continue from the release of radium-226. Contaminated soils at the Site are present in areas that are exposed to wind and water erosion.

3. Assistance will not otherwise be provided on a timely basis

The NNEP A does not have the capabilities or resources to carry out this effort in a timely manner. EPA Region 9's funding will come from the Tronox Quivira Special Account.

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In conclusion, there is an immediate risk posed by the conditions at the Site, and an emergency exemption to the $2 million and 12-month statutory limits is necessary to abate these threats.

VI. PROPOSED ACTIONS AND ESTIMATED COSTS

A. Proposed Actions

1. Proposed action description

EPA proposes to mitigate the imminent and substantial threats to human health, welfare, or the environment by taking steps to prevent the exposure to or further release of radium-226. The removal action will include the following activities:

• Excavate approximately 6,000 cubic yards of contaminated soil around four mine vent holes. The area of contamination is approximately one-half acre around each vent hole and ranges from 6 inches to four feet in depth.

• Excavate approximately 1,000 cubic yards of soil contaminated with Ra-226 plus progeny around the abutments to the bridge on Red Water Pond Road. These abutment areas appear to have been contaminated by the use of sub-grade ore ( called protore) for the construction of Red Water Pond Road and by run-off from the waste pile prior to erosion controls being installed in 2010.

• The bridge itself is in poor condition and will not support truck and heavy equipment traffic necessary for performing the removal action. Repair work will be performed on the bridge such that the bridge load rating will meet the requirements of the removal action. The design for the work is being done by an EPA RAC contractor and will involve replacing abutment wingwalls and the lagging under the bridge, and armoring the channel immediately adjacent to the bridge.

• Repair roads as necessary to allow trucks and equipment to access the vent holes. • Re-route electrical power poles and transmission lines off of the Site. • Seed the excavated areas and install fences to protect the revegetation effort. • Place excavated soil on the main pile at the Quivira Mine Site #CR-1 Area. Engineer

side slopes to minimize erosion and vegetate the pile and provide appropriate erosion controls.

• Backfill and grade excavated areas as appropriate to maintain existing drainage patterns and prevent erosion.

• Implement dust control measures such as watering during all earth moving activities. Monitor dust and radiation levels in the air down wind of earth moving activities to protect both workers and community members.

• Provide voluntary alternative housing to residents who (1) are subject to significant disruption, and (2) request alternative housing during the removal action.

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• Repair fencing and erosion controls at the Site.

• Install a well to provide water for dust control

The data gathered for the RSEs will be supplemented with additional data that will be

collected during excavations, including gamma scanning of all excavated areas. Any area with

radiation levels above the cleanup goal after excavations will be over-excavated until the cleanup

goal is achieved. The final confirmation will be verified with a MARSSIM Final Status Survey

that will utilize a combination of continuous gamma scanning, static gamma scanning, and off

site laboratory analyses.

Excavation and removal of contaminated soils described above will achieve the ultimate goal

of reducing the radium concentration in the excavation footprint to a concentration that is less

than the Site action level. The excavated areas will be suitable for unrestricted use.

Other options considered for this removal action included covering the material on-site,

fencing or other engineering or institutional controls. However, these options were ruled out

because they would not allow for unrestricted use of this reservation land. Off-site disposal was

considered and ruled out because it is more cost-effective to stage the material with the main

waste piles and to then handle all the contaminated material in a future non-time-critical removal

action.

Factors that might delay the action include heavy rains in the summer and/or snow and

freezing conditions, which may start as early as November and continue through April.

Action Level: EPA calculated the cleanup goal for this action using the EPA Radiological Preliminary Remediation Goal Calculator (RAD PRG Calculator). The inputs to

this calculation were a combination of default residential inputs plus Navajo-specific produce,

plant and meat consumption based on research concerning the Navajo livestock herding, farming

and consumption lifestyle. The Administrative Record Index lists references considered for

these Navajo-specific inputs. See Attachment 8.

The cleanup goal was calculated to support a MARS SIM approach using a derived

concentration goal level (DCGL) set at a 1x10-4 risk. The calculated DCGL for Ra-226 is 1.0

pCi/g. The mean of the background data set for Ra-226 at the Site is 1.0 pCi/g. Thus, the post

cleanup risk levels at the Site, including background, will be 2.0 xl0-4. The 10-4 risk level was

chosen because 1 o-6 is indistinguishable from background and is below the analytical detection

limit (0.1 pCi/g). EPA policy states that a 10-4 risk is acceptable as a Removal Action objective

and that 3x 10-4 is within the acceptable risk range (OSWER Directive 9200.4-18).

2. Contribution to remedial performance

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This removal action addresses an immediate threat at five outlying areas (four vent holes plus the bridge) of the Site and will not negatively impact any final action selected for the remainder of the Site in the future. Access to the main waste pile is controlled by a fence and locked gate. A subsequent, non-time critical removal action is planned to address the remainder of radium contaminated soils and sediments at the Quivira Mine Site.

The long-term cleanup plan for the Site: EPA, in consultation with NNEP A, will make a future determination on the final

response action with respect to the contaminated soil at the main waste pile. The placement of approximately 7,000 cubic yards of contaminated soil on the waste pile will have a negligible impact on whatever the final selected response action may be for the approximately 800,000 cubic yards of contaminated soil currently consolidated in the waste pile at the Site.

Threats that will require attention prior to the start of a long-term cleanup: This action is necessary because the five areas are located within the community and

are easily accessible by community members, children and livestock. Access to the five areas is not controlled and there are no wind or water erosion barriers at the five areas.

The extent to which the removal will ensure that threats are adequately abated: EPA's removal activities described in this AM will completely address the

uncontrolled hazardous substances at the five outlying areas and make them suitable for umestricted use.

Consistency with the long-term remedy: EPA expects the time-critical removal proposed for this Site to be. consistent with the

long-term response actions implemented at the Site. The proposed actions will contribute to the effectiveness of any long-term remedy by making portions of the Site suitable for umestricted re-use prior to implementation of a long-term response action.

3. Applicable or relevant and appropriate requirements (ARARs)

Section 300.415(i) of the NCP provides that removal actions must attain ARARs to the extent practicable, considering the exigencies of the situation.

Section 300.5 of the NCP defines applicable requirements as cleanup standards, standards of control, and other substantive environmental protection requirements, criteria or limitations promulgated under Federal environmental or State environmental or facility siting laws that specifically address a hazardous substance, pollutant, contaminant, remedial action, location or other circumstances at a CERCLA site.

Section 300.5 of the NCP defines relevant and appropriate requirements as cleanup standards, standards of control and other substantive requirements, criteria, or limitations

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promulgated under Federal environmental or State environmental or facility siting laws that, while not "applicable" to a hazardous substance, pollutant, or contaminant, remedial action, location, or other circumstances at a CERCLA site, address problems or situations sufficiently similar to those encountered at the CERCLA site and are well-suited to the particular site.

Because CERCLA on-site response actions do not require permitting, only substantive requirements are considered as possible ARARs. Administrative requirements such as approval of, or consultation with administrative bodies, issuance of permits, documentation, reporting, record keeping, and enforcement are not ARARs for CERCLA actions confined to the site.

Federal ARARs determined to be practicable for the Site are: • U.S. Department of Transportation of Hazardous Materials Regulations 49 CFR Part 171,

172 and 173. • The RCRA Land Disposal Restrictions (LDRs) 40 CFR 268.40 Subpart D implemented

through Title 22 Section 66268.40. • Uranium Mill Tailings Radiation Control Act ( 40 CFR Part 192.12 subparts B and C)

requirements for residential cleanup levels of tailings sands. • Native American Graves Protection and Repatriation Act, 25 USC Section 3001 et seq.

and its implementing regulations, 43 CFR Part 10. • National Historic Preservation Act, 16 USC 4 70 et seq.; 36 CFR Part 800. • Archaeological Resources Protection Act of 1979, 16 USC Sections 47000-47011; 43

CFRPart 7. • American Indian Religious Freedom Act, 42 USC Section 1996 et seq. • Clean Water Act, Section 402, 33 USC 1342 (NPDES stormwater discharges). • Clean Water Act, Section 404, 33 USC 1344 (Regulates discharge of dredge or fill

material into waters of the U.S.).

Additional Federal guidance to be considered: • U.S. EPA Directive on Protective Cleanup Levels for Radioactive Contamination at

CERCLA sites. OSWER Directive 9200.4-18, 1997. • Radiation Risk Assessment at CERCLA Sites: Q&A. OSWER 9200.4-40, May 2014

Navajo Nation ARARs determined to be practicable for the Site are: • Navajo Nation Air Pollution and Prevention Act, Air Quality Control Program, Code

of Regulations for Air Emissions ( outlines Best Management Practices (BMPs) to control dust that would be generated during earth moving activities).

• Navajo Nation Endangered Species List, Resource Committee Resolution RCAU-103-05 (applicable if protected species identified within subject area).

• Navajo Nation Cultural Resources Protection Act of 1988 (NTC CMY-19-88).

4. Project schedule

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EPA plans to begin the removal action in the summer of 201 7 and continue through December, 2017. EPA anticipates a demobilization during July and August because the monsoon season causes excessive downtime.

EPA currently plans to release an EE/CA for the final removal action in early 2018 and propose a final removal action later that year.

B. Estimated Costs

The estimated extramural costs for this proposed removal action are $5,040,000 and are based on the IGCE for the action. Cost estimates may have to be adjusted after potential bids for the removal are received, or if there is a substantial increase in the material that requires attention. EPA is negotiating with a Navajo-owned 8(a) construction company to perform the work. Note that the proposed increase in the following table is smaller than the estimated cost of the current action because the expenditures for the previous actions were less than their ceilings.

S ecial Account Funds Cleanup Contractor and IAGs

on tractors Subtotal Extramural Costs $850,000 Extramural Cost Contingency (20%) Totals, Removal Action Project $850,000 Ceilin

Proposed Ceiling Increase

$3,852,000 $840,000

$4,692,000

$4,702,000 $840,000

$5,542,000

VII. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT TAKEN

Given the Site conditions, the nature of the hazardous substances documented on Site, and the potential exposure pathways to nearby populations described in Sections III and IV above, actual or threatened releases of hazardous substances from the Site, if not addressed by implementing the response actions selected in this AM, may present an imminent and substantial endangerment to public health, or welfare, or the environment.

VIII. OUTSTANDING POLICY ISSUES

The removal involves nationally significant and precedent-setting issues because it involves releases of hazardous substances on Indian Tribal lands.

IX. ENFORCEMENT

EPA identified Kerr McGee Corporation as a PRP for this Site. Kerr McGee Corporation changed its name to Tronox, Inc., in 2005. Tronox filed for bankruptcy in 2009. As

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13 part of a bankruptcy settlement, EPA initially received approximately $1.2 million, which was placed in a special account designated to address the Quivira Mine Site as part of the Navajo Area Uranium Mines (NAUMs). In addition, EPA received a distribution of approximately $90 million from the settlement of fraudulent conveyance litigation against Anadarko Petroleum and related entities. This funding has been added to the Tronox Quivira Special Account for the NAUMs and may be spent at or in connection with the Quivira Mine Site.

Estimated Intramural Costsl

U.S. EPA Direct Costs U.S. EPA Indirect Costs (56.51 % of Spending $5,040,000 + $50,000)

TOT AL Intramural Costs

$ 50,000

$2,848,000

$2,898,000

The total EPA extramural and intramural costs for this Amendment to the removal action based on full-cost accounting practices that would be eligible for cost recovery are estimated to be $7,888,104. None of the amounts reflected here are expected to be subject to cost recovery, because the total for this action has already been recovered in the Tronox fraudulent conveyance litigation and has been placed in the Tronox Quivira Special Account, from which this action will be funded.

X. U.S.EPARECOMMENDATION

This decision document represents the selected removal action for the Quivira Mine Site in Coyote Canyon Chapter, Navajo Nation, McKinley County, New Mexico, developed in accordance with CERCLA, as amended, and not inconsistent with the NCP. This decision is based on the Administrative Record for the Site.

Because conditions at the Site meet the NCP Section 300.415(b) criteria for a removal and the CERCLA section 104( c) emergency exemption, I recommend approval for the change in scope, a ceiling increase and an emergency exemption from the $2 million and 12 month

1 Direct costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the full cost-accounting methodology effective October 2, 2000. These estimates do not include pre-judgment interest, do not take into account other enforcement costs, including Department of Justice costs, and may be adjusted during the course of a removal action. The estimates are for illustrative purposes only and their use is not intended to create any rights for responsible parties. Neither the lack of a total cost estimate nor deviation of actual costs from this estimate will affect the United States' right to cost recovery.

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Quivira Mine Site Vent Hole and Bridge Removal Action Site ID 09QM statutory limits for the removal action proposed in this Action Memorandum. The total project ceiling for direct extramural costs, if approved, will be $5,542,000 and will be funded from the Tronox Quivira Special Account and not the Regional Removal Allowance. Your approval may be indicated by signing below.

Approve:

Disapprove:

Figures:

Enrique Manzanilla, Director, Superfund Division

Enrique Manzanilla, Director Superfund Division

1. Site Location Map

Attachments:

?/zi /zvr7 I

Date

Date

1. OEM Concurrence Memo for the Second Amendment Action Memorandum signed by OEM ----

2. Action Memorandum signed August 24, 2010. 3. Action Memorandum signed September 11, 2012. 4. RSE Report (2012) 5. Bridge Structural Assessment Report, Conestoga-Rovers and Associates (2015)

6. Vent Hole RSE Report (2016)

7. Photo Log 8. Index to Administrative Record

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cc: Jean Schumann, USEP A, OEM PROD, HQ Dr. Donald D. Benn, Navajo Nation Environmental Protection Agency Harrison Karr, Navajo Nation Department of Justice Harry Allen, SFD-9-2 Laurie Williams, ORC-3 Clancy Tenley, SFD-6 Will Duncan, SFD 6-2 Kevin Shade, USEP A Region 6 Dariel Yazzie, Navajo Nation Environmental Protection Agency Freida White, Navajo Nation Environmental Protection Agency Site File

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ATTACHMENT 1: OEM Concurrence Memo

Attached as a separate file.

ATTACHMENT 2: 2010 Action Memo

Link: https://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/3 4eddfced6d 125 818825 78 7 a007 ddf68/$FILE/Ouivira%20Mine Action%20Memo 8-24-10.pdf

ATTACHMENT 3: 2012 Action Memo

Link: https://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/fa dl37ad7140efa088257a7900803ea8/$FILE/RWPR%20Action%20Memo.2012.pdf

ATTACHMENT 4: RSE Report (2012)

Link: https://yosemite.epa.gov/r9/sfund/r9sfdocw.nsf/3dc283e6c5d6056f88257426007417a2/3f 91ec27777f6e7c882579b3007b9c2d!OpenD0cument

ATTACHMENT 5: Bridge Structural Assessment Report, Conestoga-Rovers and Associates (2015)


ATTACHMENT 5: Vent Hole RSE Report (2016)


ATTACHMENT 6: Photo Log


ATTACHMENT 7: INDEX TO THE ADMINISTRATIVE RECORD

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1. The Index to the Administrative Record for the 2010 Removal Action is hereby incorporated by reference.

2. The Index to the Administrative Record for the 2012 Red Water Pond Road Removal Action is hereby incorporated by reference.

3. Removal Site Evaluation for the Quivira Mine Site Vent Holes (June, 2016).)

4. Bridge Structural Assessment Report, Conestoga-Rovers and Associates, (February, 2015)

5. Sharma, Sangita; Yacavone, Mihokom; Cao, Xia; Pardilla, Marla; Qi, Muge and Gittelsohn, Joel. 2008. Dietary Intake and Development of a Quantitative FFQ for a Nutritional Intervention to Reduce the Risk of Chronic Disease in the Navajo Nation. Public Health Nutrition: 13(3), pp. 350-359.

6. Kittler, P.; Sucher, K.; and Nelms, M. Ethnic Ingredients Nutrient Composition Table. 2011. Food and Culture. 6th Edition

7. Pinder III, J.E. and McLeod, K.W. Mass Loading of Soil Particles on Plant Surfaces. 1988. Health Physics Vol. 57, No. 6 (December), pp. 935-942, [1989]

8. White, G.C.; Hakonson, T.E.; and Ahlquist, A.J. Factors Affecting Radionuclide Availability to Vegetables Grown at Los Alamos. 1977. Journal of Environmental Quality, Vol. 10, No. 3 [1981]

9. Lyons, R.K., Machen, R., and Forbes, T.D.A. Understanding forage intake in range animals. 1999. Page 2 (of pdf). Texas Agricultural Extension Service, The Texas A&M University. Publication L-5152.

10. Hoffman, David; Rattner, Barnett; Burton Jr., G. Allen; Cairns Jr., John. Handbook of Ecotoxicology, Second Edition. 2002. Pages 154-155. CRC Press.

17

0

Scale in Feet

Contract: EP-S5-13-02, TDD: 0015/1302-T15-R9-14-12-0001

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UNC MILL

PREPARED BY: ~ Region 9, START Weston Solutions. Inc. 1340 Treat Blvd, Ste 210 Walnut Creek, CA 94597

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LEGEND

11111 NECR_Background_Study

- Stockpile_Laydown

- SoilBorrowArea

- RWPR_Bridge

CJ 100-ft Stepout Boundary

Mine Lease Boundary

Miles

NE Church Rock Mine Boundary

UNC Mill Boundary

o Mine Vent Hole

FIGURE 1 QUIVIRA VENT HOLE LOCATION MAP

Quivira Vent Hole Removal Site Evaluation Navajo Nation, McKinley County, NM

--.1

15

Document Control Number:0036-08-AAFY

Documents

Quivira Mine Site SEMS-RM DOCID # 1170063 Vent Hole and ... · The initial AM was signed on August 24, 2010, with a project ceiling limit of $100,000. The project ceiling covered