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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Cleaning up and revitalizing land
EPA Needs to Finish
Prioritization and Resource
Allocation Methodologies for
Abandoned Uranium Mine
Sites on or Near Navajo Lands
Report No. 18-P-0233 August 22, 2018
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Report Contributors:
Christina Lovingood
Patrick Milligan
Bakari Baker
Kate Robinson
Roopa Mulchandani
Abbreviations
ASPECT Airborne Spectral Photometric Environmental Collection Technology
AUM Abandoned uranium mine
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
EPA U.S. Environmental Protection Agency
GAO U.S. Government Accountability Office
Cover Image: The map represents the Tronox Mines on or near Navajo Nation lands.
(EPA-generated map)
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U.S. Environmental Protection Agency 18-P-0233
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At a Glance
Why We Did This Review
We conducted this review to
determine whether the U.S.
Environmental Protection
Agency (EPA) had a method
for prioritizing cleanup of the
approximately 50 abandoned
uranium mine (AUM) sites on
or near Navajo Nation lands
covered under a special
account established in 2015
totaling approximately
$1 billion; and whether the
EPA has a resource allocation
methodology for the special
account funds that accounts for
estimated cleanup cost,
timeframe for cleanup, and
scope of cleanup for the 50
sites.
Health effects from uranium
exposure can include impacts
to autoimmune and
reproductive functions, high
blood pressure, kidney or lung
damage, and bone cancer.
This report addresses the
following:
• Cleaning up and revitalizing
land.
EPA Needs to Finish Prioritization and
Resource Allocation Methodologies for Abandoned
Uranium Mine Sites on or Near Navajo Lands
Site prioritization will
aid EPA-initiated
actions where there is
imminent danger at
numerous sites in the
same area.
What We Found
The EPA has taken steps to develop a prioritization
methodology for cleaning up AUM sites on or near
Navajo Nation lands that are part of a 2015
settlement with a chemical company, Tronox
Incorporated. In conjunction with Tronox AUM
cleanup stakeholders, the EPA has developed a
system for identifying immediate risks and, where
necessary, has taken the removal actions needed. The EPA has been following
the National Contingency Plan for assigning risk to the sites and is gathering the
data needed to complete prioritization for all Tronox AUM sites covered by the
settlement. The EPA is tracking the estimated cleanup costs, timeframe for
cleanup, and scope of cleanup for some of the Tronox AUM sites where work has
already been conducted. After the prioritization methodology is developed, the
EPA will be able to develop a resource allocation methodology for the Tronox
AUM sites based on estimated cleanup costs, timeframe for cleanup and scope
of cleanup.
Regions 6 and 9 have agreed on a timeline to complete the key activities
necessary to finalize their prioritization methodology. It is critical that the EPA
meet its milestones, including by the end of calendar year 2020, that EPA finalize
the prioritization of Tronox AUM sites. Also, by the end of calendar year 2021, the
EPA has agreed to complete development and implementation of the resource
allocation methodology following the cost analysis of the preferred remedies. The
regions' efforts will help result in the effective use of the Tronox special account
and will help provide continued protection of human health and the environment.
Recommendations and Planned Agency Corrective Actions
We recommend that the Region 6 and 9 Regional Administrators complete the
necessary removal site evaluations and engineering evaluations/cost analyses;
and fully develop and implement prioritization and resource allocation
methodologies for the Tronox AUM sites on or near Navajo Nation lands. The
agency agreed with the recommendations and corrective actions are pending.
Send all inquiries to our public
affairs office at (202) 566-2391
or visit www.epa.gov/oiq.
Listing of OIG reports.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
THE INSPECTOR GENERAL
August 22, 2018
MEMORANDUM
SUBJECT: EPA Needs to Finish Prioritization and Resource Allocation Methodologies for
Abandoned Uranium Mine Sites on or Near Navajo Lands
Report No. 18-P-0233
This is our report on the subject audit conducted by the Office of Inspector General (OIG) of the U.S.
Environmental Protection Agency. The project number for this audit was OPE-FY17-0023. This report
contains findings that describe the problems the OIG has identified and corrective actions the OIG
recommends. This report represents the opinion of the OIG and does not necessarily represent the final
EPA position. Final determinations on matters in this report will be made by EPA managers in
accordance with established audit resolution procedures.
Action Required
In accordance with EPA Manual 2750, your office provided acceptable corrective actions and milestone
dates in response to OIG recommendations. All recommendations are resolved and no final response to
this report is required. However, if you submit a response, it will be posted on the OIG's website, along
with our memorandum commenting on your response. Your response should be provided as an Adobe
PDF file that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of
1973, as amended. The final response should not contain data that you do not want to be released to the
public; if your response contains such data, you should identify the data for redaction or removal along
with corresponding justification.
FROM: Arthur A. Elkins Jr.
TO:
Anne L. Idsal, Regional Administrator
Region 6
Mike Stoker, Regional Administrator
Region 9
We will post this report to our website at www.epa.gov/oig.
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EPA Needs to Finish Prioritization and
Resource Allocation Methodologies for Abandoned
Uranium Mine Sites on or Near Navajo Lands
18-P-0233
Table of C
Purpose 1
Background 1
Prior Report 4
Responsible Offices 4
Scope and Methodology 4
Results 5
EPA Is Developing a Prioritization Methodology for Tronox AUM Sites 5
EPA Will Not Have a Resource Allocation Methodology for All Tronox
Special Account Funds Until Prioritization Methodology Is Complete 7
Conclusion 8
Recommendations 8
Agency Response and OIG Evaluation 8
Status of Recommendations and Potential Monetary Benefits 9
Appendices
A Agency Response to Discussion Document 10
B Distribution 14
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Purpose
The purpose of this audit was to determine whether the U.S. Environmental
Protection Agency (EPA) has a method for prioritizing cleanup of the
50 abandoned uranium mine (AUM) sites1 on or near Navajo Nation lands
covered under a special account establi shed in 2015 totaling approximately
$1 billion; and whether the EPA has a resource allocation methodology for the
special account funds that accounts for estimated cleanup costs, timeframe for
cleanup, and scope of cleanup for the 50 sites.
Background
The Navajo Nation covers over 27,000 square miles in portions of three states:
Arizona, New Mexico and Utah. There has been widespread uranium mining on
Navajo Nation lands, beginning in the early 1900s. Peak uranium mining occurred
between the 1940s and 1960s in support of the U.S. government's defense
programs. Substantial amounts of land throughout the Navajo Nation were
disturbed by surface and underground mining. Most uranium mining activities on
Navajo Nation lands ended in 1968. According to the EPA, mines were operational
until the 1980s but the legacy of contamination from the AUMs continues.
Tronox Settlement Agreement
On January 21, 2015, the EPA recovered approximately
$1 billion from a chemical company, Tronox
Incorporated, in a Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)
settlement to address its liability for the activity of a
predecessor company, Kerr McGee Corporation, which
operated approximately 50 mines on or near Navajo
Nation lands. The approximately $1 billion in funds the
EPA received for the cleanup at the about 50 Navajo
area uranium mines has been deposited into an EPA
Superfund special account. In accordance with
CERCLA Section 122(b)(3), special accounts are
site-specific, interest-bearing sub-accounts housed
Tronox Mesa V Shaft in Arizona. within the EPA's Hazardous Substance Superfund Trust
(EPA photo) Fund. Charges to a special account must be consistent
with the terms of the settlement pursuant to which the funds are received. Special
account funds may be used for a wide range of site-specific CERCLA response
actions.
1 Subsequent to our issuance of the notification memorandum, we found that there were over 50 mines included in
the settlement.
18-P-0233
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Tronox special account funds, designated for specified uranium mine sites in or
near Navajo Nation territory, can be used to support activities related to the
assessment and cleanup at the approximately 50 mines and contamination caused
by the mines. Examples of these activities include:
• Inform and involve the community in the CERCLA response.
• Investigate the nature and extent of the contamination in water, soil,
sediment and air.
• Install fences to control access and display signs to warn people about
dangerous areas.
• Protect cultural and biological resources in the mine areas.
• Construct access roads to the mines for cleanup operations.
• Close mine openings and address other physical hazards.
• Conduct removal and cleanup activities.
Impacts on Human Health and Environment from
Uranium Contamination
Contact with uranium or radiation from AUMs can come from living in a home
built with material from a mine or mill site, or from drinking contaminated water.
Health effects from uranium exposure can include impacts to autoimmune and
reproductive functions, high blood pressure, kidney or lung damage, and bone
18-P-0233
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cancer. For example, at high concentrations, uranium has a toxic, chemical effect,
and people have developed kidney disease drinking highly contaminated water for
long periods. In 2001, the Navajo Nation issued a health advisory recommending
that people drink water from regulated safe drinking water sources that are tested
routinely to ensure their safety.
Uranium contamination can also impact the environment. Mining practices at
AUMs often disturbed the soils, thus making them less stable and more
susceptible to erosion. Soils disturbed by mining are also likely to support less
vegetation, or may support a new species mix due to changes in soil composition.
In the air, uranium exists as dust. Very small dust-like particles of uranium fall
onto surface water, plant surfaces and soil either by themselves or during rainfall.
Initial Work to Assess Abandoned Uranium Mines
In 2002, the EPA used its Hazard Ranking System2 to initially assess the AUM
sites based on a limited subset of the locational-distance criteria in the Hazard
Ranking System. It does not include the complete set of criteria and factors built
into the full Hazard Ranking System model. The scoring is not intended to
identify actual risks, but rather to identify and prioritize areas for future
investigation and response decisions. The EPA conducted its work using the
National Contingency Plan as its criteria. The
National Contingency Plan provides the framework
for the EPA to address cleanup at the AUM sites,
take actions at sites where there is imminent danger,
and gather the data needed to complete prioritization
of all Tronox sites.
In June 2005, the Navajo AUM Project3 initiated a
series of reports to document preliminary scoring
results for AUMs in the six AUM regions in the
Navajo Nation. For the first 5 years, the agencies
involved focused on collecting data; identifying the
most imminent risks; and addressing contaminated
structures, water supplies, mills, dumps and mines
with the highest levels of radiation. During that time, more information was
discovered about the scope of the problem and the work needed to be performed.
A second 5-year plan, completed in 2013, outlined a multi-agency and
multidisciplinary approach to assessing the sites to aid in the coordination of
addressing cleanup activities at the sites.
An EPA contractor and college Interns collecting
water and sediment samples in the Arizona
Cove Wash in April 2017. (EPA photo)
2 The Hazard Ranking System is the principal mechanism that the EPA uses to place uncontrolled waste sites on the
National Priorities List. It is a numerically based screening system that uses information from initial, limited
investigations to assess the relative potential of sites to pose a threat to human health or the environment.
3 The primary purpose of the Navajo AUM Project is to identity AUMs. potential exposures, and recommend
methods to reduce exposure from AUMs on the Navajo Nation. The agencies involved are the EPA, Bureau of
Indian Affairs, Nuclear Regulatory Commission, Department of Energy, and Indian Health Service.
18-P-0233
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Prior Report
In May 2014, the U.S. Government Accountability Office (GAO) issued a report
titled Uranium Contamination: Overall Scope, Time Frame, and Cost Information
Is Neededfor Contamination Cleanup on the Navajo Reservation (GAO-14-323).
The report focused on findings related to the 2008 5-year plan. The report
indicated that six of the plan's eight objectives were met. The GAO concluded
that federal agencies had not identified the full scope of remaining work,
timeframes or costs to fully address uranium contamination on or near Navajo
lands. The GAO made four recommendations, including that the EPA
Administrator; Secretaries of Energy, Interior, and Health and Human Services;
and Chairman of the Nuclear Regulatory Commission develop a coordinated
outreach strategy to include in the 2014 5-year plan and take action to incorporate
key practices in their collaborative effort (including defining and agreeing on the
agencies' respective roles and responsibilities). The federal agencies agreed with
the recommendation and incorporated key practices in the 2014 5-year plan.
Responsible Offices
EPA Region 6 (which covers New Mexico) and Region 9 (which covers Arizona)
are responsible for addressing actions related to the cleanup of the Tronox
Settlement-funded abandoned uranium mine sites, with Region 9 acting as the lead
regional contact to Navajo Nation. None of the sites in our review were in Utah, so
we did not include Region 8 in our review. At headquarters, the Office of Land and
Emergency Management, Office of Enforcement and Compliance Assurance,
Office of the Chief Financial Officer, and Office of International and Tribal Affairs
have roles in the oversight of the AUM mines and EPA special account funds.
Scope and Methodology
We conducted our audit from December 2017 to June 2018. We conducted this
performance audit in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our findings and
conclusions based on our audit objectives. We believe that the evidence obtained
provides a reasonable basis for our findings and conclusions based on our audit
objectives.
We analyzed documentation on AUMs and special accounts from EPA websites
and those provided by Regions 6 and 9, such as the 5-year plans, Tronox AUM
Proposed Mine Evaluation Risk Factors, Tronox Settlement Agreement, Tronox
financial reports, and funding memos. We interviewed Regions 6 and 9
management and staff to understand the EPA's process for prioritizing Tronox
Settlement-funded AUM sites and to determine the resource allocation
methodology used for these sites. We interviewed members of the Navajo Nation
to gain a stakeholder perspective.
18-P-0233
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Results
The EPA does not yet have a prioritization methodology for cleaning up the
Tronox AUM sites on or near Navajo Nation lands, but is developing one. In
conjunction with stakeholders4 involved in AUM cleanups, the EPA has
developed a system for identifying immediate risks and, where necessary, has
taken the removal actions needed. The EPA has been following the National
Contingency Plan for assigning risk to the sites and is gathering the data needed to
complete prioritization for all Tronox sites. The EPA is tracking the estimated
cleanup costs, timeframe for cleanup, and scope of cleanup for the Tronox AUM
sites where cleanup work has already been conducted. After the prioritization
methodology is developed, the EPA will be able to develop a resource allocation
methodology for the Tronox AUM sites based on estimated cleanup costs,
timeframe for cleanup and scope of cleanup.
EPA Is Developing a Prioritization Methodology for Tronox AUM Sites
The EPA does not have a formal prioritization methodology for the cleanup of the
Tronox AUM sites. According to EPA officials, they have been gathering the
necessary data and following the steps outlined in
the National Contingency Plan to assess and
eventually prioritize the Tronox sites. The EPA
has implemented a "worst first" approach while
proceeding through the development of the
cleanup process. Prior to the Tronox settlement,
the EPA used Airborne Spectral Photometric
Environmental Collection Technology (ASPECT)5
to gather information about contaminati on of the
large affected area. The EPA was able to identify
sites that were of higher risk to human health and
the environment. The EPA initiated actions at sites
where there was imminent danger.
In an effort to aide in prioritization prior to the
Tronox settlement agreement, the EPA has been
identifying site risk factors and grouping mines to
create a site ranking. The first procedure the agency used for prioritizing the
Tronox mines was the Mine Category Assessment Protocol,6 which according to
the EPA, integrated information from prior scans by EPA and its contractors as
well as the ASPECT over-flights and included criteria such as proximity, potential
4 Stakeholders include the Navajo Nation; states of Arizona and New Mexico; other federal agencies that are part of
a national federal abandoned uranium mines cleanup group, such as the EPA, Department of the Interior and
Department of Energy; and the public.
5 ASPECT gamma survey collected data on uranium radioactivity levels in survey areas surrounding the AUMs.
6 The Mine Category Assessment Protocol is used to develop a ranking system for prioritizing Removal Site
Evaluations (see next footnote for definition).
EPA Region 9 staff in Arizona Cove and Red
Valley areas in August 2017 working to
determine most accessible roads to conduct
removal site evaluations. (EPA photo)
18-P-0233
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human exposure and other risk factors. Following the protocol, the EPA is
currently conducting the removal site evaluation7 at the Tronox sites, after which
the engineering evaluation/cost analysis8 will be developed. Figure 1 provides a
timeline of key activities during the next 4 years.
Figure 1: Timeline for completion of prioritization and resource allocation methodologies
Calendar Year 2016
Start removal site evaluations
Start of prioritization methodology
End of Calendar Year 2018
Complete removal site evaluations
Complete development of prioritization
methodology
Calendar Year 2019
Prioritize engineering evaluations/
cost analyses
Initiate engineering evaluation/
cost analysis process
End of Calendar Year 2020
Complete engineering
evaluations/cost analyses
Refine prioritization
methodology
Conduct mine cleanup
prioritization
End of Calendar Year 2021
Complete development and implementation of resource allocation methodology following
the cost analysis of the preferred remedies
Source: OIG image derived from EPA Region 9 data.
The prioritization methodology in development is being created with input from
the Tronox stakeholders9 and the Federal AUM Workgroup. Throughout its
efforts in assessing the AUM sites and developing its plan for cleaning up the
sites, the EPA has consulted with the Navajo Nation, consistent with EPA's 2011
7 Removal site evaluations identify the source and nature of the release, evaluate the magnitude of the threat and
determine necessity of removal actions.
8 Engineering evaluation/cost analyses analyze the ability to implement, and the cost and effectiveness, of various
cleanup actions based on removal site evaluation data.
9 Stakeholders include the Navajo Nation; state of New Mexico; and other federal agencies that are part of a national
federal abandoned uranium mines cleanup group, such as the Department of the Interior and Department of Energy.
18-P-0233
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Policy on Consultation and Coordination with Indian Tribes. The EPA indicated it
does not envision the final prioritization methodology being a list of sites in a
numerical order but rather groupings of sites prioritized by highest to lowest risk.
EPA Will Not Have a Resource Allocation Methodology for All Tronox
Special Account Funds Until Prioritization Methodology Is Complete
The EPA has not completed a resource allocation methodology for all of the
Tronox AUM sites that accounts for estimated cleanup costs, timeframe for
cleanup, and scope of cleanup. EPA officials said that they will not be able to
fully develop this resource allocation methodology until the site prioritization is
complete. However, the EPA is currently tracking the estimated cleanup costs,
timeframe for cleanup, and scope of cleanup for the Tronox AUM sites where
cleanup work has already been completed.
Regions 6 and 9 established a series of sub-accounts for individual sites/projects
within the overall umbrella account that will be used to address the Navajo Area
Uranium Mines. In April 2017, the EPA developed a "Tronox Navajo Area
Uranium Mines Project Implementation Plan, Accounting Strategy" to manage,
track, plan and communicate the use of the funds. EPA Region 6 uses a special
account structure similar to EPA Region 9 to address the Tronox Navajo AUM
sites in New Mexico. The accounts are tracked in the regions and headquarters
through the Compass database and the Superfund Cost Recovery Package
Imaging and On-Line System (known as "SCORPIOS"). The data obtained in
those systems is presented in the EPA's quarterly and annual reports.
The EPA (Regions 6 and 9), Navajo Nation, and New Mexico meet several times
a year to discuss prioritizing response actions and the funding of projects at each
Tronox AUM site. The parties develop a coordinated prioritized project list along
with estimated funding requirements for the following calendar year. Individual
project lists are tracked in an annual "Approval and Annual Funding Projections
for Implementation of Tronox Settlement Memo." Once projects are approved, a
special account name/number is created for that project to track expenditures.
Special account funds have been and will continue to be used for future cleanup
actions needed to address sites that pose an imminent and substantial
endangerment.
According to the EPA, the prioritization methodology is being developed to
address all of the Tronox AUM sites. The EPA believes that prioritizations will be
determined when the engineering evaluations/cost analyses are complete. The
goals of the engineering evaluations/cost analyses are to identify the objectives of
the cleanup and analyze the various alternatives that may be used to satisfy the
objectives for cost effectiveness, and their ability to be implemented. Therefore,
the EPA cannot provide a complete resource allocation methodology for all of the
Tronox sites until completion of removal site evaluation and engineering
evaluations/cost analyses.
18-P-0233
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Conclusion
The agency has taken appropriate steps to assess sites, take removal actions when
needed, and gather the data necessary to complete its assessments and develop its
prioritization methodology. Regions 6 and 9 have agreed on a timeline to
complete the key activities necessary to finalize their prioritization methodology.
It is critical that the EPA meet its milestones and finalize the prioritization of
Tronox AUM sites to use the Tronox special account effectively and provide
continued protection of human health and the environment.
Recommendations
We recommend that the EPA Regional Administrators, Regions 6 and 9:
1. Complete the necessary removal site evaluations and engineering
evaluations/cost analyses.
2. Fully develop and implement prioritization and resource allocation
methodologies for the Tronox abandoned uranium mine sites on or near
Navajo Nation lands.
Agency Response and OIG Evaluation
EPA Regions 6 and 9 agreed with the report's recommendations and offered
technical comments in a response dated July 16, 2018. On July 30, 2018, the
agency provided a revised email response to further address Recommendation 2.
We revised the report as appropriate, based on the technical comments. In
response to the recommendations, the regions provided acceptable corrective
actions and planned completion dates, with corrective actions pending. Appendix
A contains the agency's response to the discussion document, including the
revised response.
18-P-0233
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Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
Rec. Page
No. No. Subject
1 8 Complete the necessary removal site evaluations and
engineering evaluations/cost analyses.
2 8 Fully develop and implement prioritization and resource
allocation methodologies for the Tronox abandoned uranium
mine sites on or near Navajo Nation lands.
Potential
Planned Monetary
Completion Benefits
Status1 Action Official Date (In $000s)
R Regional Administrators, 12/31/20
Regions 6 and 9
R Regional Administrators, 12/31/21
Regions 6 and 9
1 C = Corrective action completed.
R = Recommendation resolved with corrective action pending.
U = Recommendation unresolved with resolution efforts in progress.
18-P-0233
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Appendix A
Agency Response to Discussion Document
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 6
1445 ROSS AVENUE, SUITE 1200
DALLAS TX 75202-2733
REGION IX
75 HAWTHORNE STREET
SAN FRANCISCO, CA 94105
JUL 1 G 2018
MEMORANDUM
SUBJECT:
FROM:
Response to Office of Inspector General Discussion Document, "EPA Is Developing a
Methodology to Prioritize Cleaning Up Abandoned Uranium Mine Sites on or Near
Navajo Nation Lands," ^Assignment # OPE-FY17-0023) dated June 15, 2018
i
imstrato
TO:
Anne Idsal
Regional Ai
Region 6
I, V Michael Stoker
Regional Administrator
Region 9
Kevin Christensen
Assistant Inspector General
Office of Audit and Evaluation
Office of Inspector General
¦7/13 M
Thank you for the opportunity to respond to the issues and recommendations in the subject audit
report. Following is a summary of the United States Environmental Protection Agency, Region 6
and 9's overall position, along with our position on the two report recommendations. For the
report recommendations, we provide corrective actions and estimated completion dates to the
extent possible. We also provide Region 6 and 9's detailed comments with respect to certain
factual matters covered in the discussion document and a copy of comments from EPA's Office
of Site Remediation Enforcement.
18-P-0233
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I. AGENCY'S OVERALL POSITION
The U.S. Environmental Protection Agency, Regions 6 and 9, agree with the recommendations
in the report.
II. AGENCY'S RESPONSE TO REPORT RECOMMENDATIONS
Agreements
No.
Recommendation
High-level Intended
Corrective Actions
Estimated Completion
1.
Complete the necessary
removal site evaluations and
engineering evaluations/cost
analyses.
1.1 Complete removal site
evaluations (RSEs).
December 31, 2018
1.2 Complete engineering
evaluations/cost analyses.
December 31, 2020
2.
Fully develop and implement
prioritization and resource
allocation methodologies for
the Tronox abandoned
uranium mine sites on or near
Navajo Nation lands.
1.1 Complete development of
prioritization methodology.
December 31, 2018
1.2 Refine prioritization
methodology.
December 31, 2020
1.3 Conduct mine cleanup
prioritization.
December 31, 2020
1.4 Complete development and
implementation of resource
allocation methodology following
the cost analysis of the preferred
remedies.
December 31, 2021
OIG Note: On July 30, 2018, action officials for Regions 6 and 9 provided a revised response
to report Recommendation 2 by providing the above milestone highlighted in blue text and
annotated as corrective action 1.4 with the corresponding estimated completion date.
Note: Regions 6 and 9 intend to follow through with our commitments and timeline (as we
detailed above). However, completion dates are subject to available resources (staffing). As the
OIG found (see https://www.epa.gov/office-inspector-general/report-epas-distribution-
superfund-huinan-resources-does-not-support-current). both Regions 6 and 9 are operating at a
structural deficit with regard to FTE. This lack of adequate resources could affect the actual
completion dates.
18-P-0233
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Disagreements
The U.S. Environmental Protection Agency, Regions 6 and 9, have no disagreements.
III. DETAILED COMMENTS FROM REGIONS 6 AND 9
1. On Page 1, first paragraph, the draft indicates "On January 21, 2015, the EPA recovered
almost $1 billion from Tronox Incorporated." To clarify the settlement history, there
have been two separate settlements in the Tronox Bankruptcy that provided funding for
the "Navajo Area Uranium Mines" ("NAUM") (collectively "the Settlements"). The first
settlement was with Tronox, Incorporated and provided approximately $12 million. The
second settlement was with Anadarko Petroleum Corporation, resolved fraudulent
conveyance claims against Kerr-Mc-Gee Corporation and provided approximately
$890 million. Each of the Settlements also provided separate funding for the Quivira
Mine Site, the largest of the Tronox uranium mines on the Navajo Nation (approximately
$1.2 million and $89 million respectively). In total, the two settlements provided
approximately $990 million to address uranium mine sites formerly operated by Kerr
McGee Corporation on and near the Navajo Nation.
2. On Page 1, Charles Huskon No. 7 Mine (EPA photo). This is not a Tronox mine.
Attached please find a photo of the Tronox Mesa V Shaft and waste pile for possible use
in the report.
3. On Page 1, first paragraph, the draft indicates "50 abandoned uranium mine sites." There
are currently 54 NAUMs funded by the Settlements. As noted above, funding for the
Quivira Mine Site is completely separate and cannot be prioritized vis a vis the other
NAUM sites.
4. On page 1, the second paragraph should reflect that the mines were operational until the
1980s.
5. On page 2, the second sentence should clarify that "Tronox Special Account funds
[designated for specified uranium mine sites in or near Navajo Nation territorvl can be
used to support activities related to the assessment and cleanup at the approximately 54
mines and contamination caused by the mines."
6. On Page 2, Tronox Settlement Agreements bullet #2, because contaminants other than
radiation will be evaluated, we recommend the following change to bullet #2:
• Investigate the nature and extent of the contamination in water, soil, sediment and
air.
7. On Page 2, second paragraph, it should be noted that of the 54 NAUM sites covered by
the funding in the Tronox Settlements, 20 are near the Navajo Nation on private land
within New Mexico.
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8. On Page 2, Impacts on Human Health and Environment from Uranium Contamination,
the Regions recommend changing "unregulated water" to "contaminated water" for
clarification.
9. On Page 5, first paragraph, the draft indicates "In conjunction with AUM cleanup
stakeholders, the EPA has developed a system for identifying immediate risks and, where
necessary, has taken the removal actions needed." For clarification, it should read "In
conjunction with stakeholders involved in AUM cleanups nationwide, the EPA has
developed a system for identifying immediate risks and, where necessary, has taken the
removal actions needed."
10. On Page 5, EPA photo caption states "EPA Region 9 staff assessing Tronox mines in the
Cove and Red Valley areas in August 2017 to determine most assessable roads to conduct
removal site evaluations". The caption should read "The EPA Region 9 staff is assessing
Tronox mine roads in the Cove and Red Valley areas in August 2017 to determine most
accessible roads to conduct removal site evaluations"
11. On Page 5, third paragraph - first sentence should include that ASPECT was used for
prioritization:
In an effort to aide in prioritization prior to the Tronox settlement agreement, the EPA
has been identifying site risk factors and grouping mines to create a site ranking. The
first procedure the agency used for prioritizing the Tronox mines was the Mine Category
5
Assessment Protocol, which integrated information from prior scans by EPA and its
contractors as well as the ASPECT overflights and included criteria such as
12. On Page 6, second paragraph, Federal Uranium Mines Commission should be replaced
with Federal AUM Workgroup.
13. On Page 7, third paragraph - the first sentence should include acknowledge that the
prioritization methodology is being developed through collaboration and outreach to
Navajo Nation and the State of New Mexico.
14. General Footnote Comment - stakeholders should include the public.
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Appendix B
Distribution
The Administrator
Deputy Administrator
Chief of Staff
Special Advisor, Office of the Administrator
Assistant Administrator for Enforcement and Compliance Assurance
Assistant Administrator for Land and Emergency Management
Assistant Administrator for International and Tribal Affairs
Agency Follow-Up Official (the CFO)
Agency Follow-Up Coordinator
General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs
Regional Administrator, Region 6
Regional Administrator, Region 9
Director, Office of Continuous Operations, Office of the Administrator
Principal Deputy Assistant Administrator for Enforcement and Compliance Assurance
Deputy Assistant Administrator for Enforcement and Compliance Assurance
Deputy Assistant Administrator for International and Tribal Affairs
Deputy Regional Administrator, Region 6
Deputy Regional Administrator, Region 9
Director, American Indian Environmental Office, Office of International and Tribal Affairs
Audit Follow-Up Coordinator, Office of the Administrator
Audit Follow-Up Coordinator, Office of Enforcement and Compliance Assurance
Audit Follow-Up Coordinator, Office of International and Tribal Affairs
Audit Follow-Up Coordinator, Region 6
Audit Follow-Up Coordinator, Region 9
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