AEPA

ABANDONED URANIUM MINE
SETTLEMENTS ON THE NAVAJO NATION

U.S. Environmental Protection Agency

Region 9

The U.S. Environmental Protection Agency (USEPA) has entered
into enforcement agreements and settlements valued at over $ 1.7
billion to reduce the highest risks of radiation exposure to the
Navajo people from abandoned uranium mines (AUMs), As a result,
funds are available to begin the assessment and cleanup process at
219 of the 523 abandoned uranium mines. The settlements are
part of a larger strategy to address AUMs on and near the Navajo
Nation. The table below provides information on the separate
enforcement agreements and settlements to address abandoned
uranium mines on the Navajo Nation.

San Francisco, C A

Tronox
42 mines

Over $1.7 billion is now available to begin the assessment and cleanup process at
219 mines, about 40% of the abandoned uranium mines on the Navajo Nation.

April 2018

¦ Cyprus Amax &
Western Nuclear
94 mines

Private companies
37 mines

Phase 1 Settlement
16 mines

Phase 2 Settlement
30 mines

Tronox
Settlement

Cyprus Amax and
Western Nuclear
Consent Decree
(Settlement)

When Tronox, a successor to Kerr
-McGee, filed for bankruptcy in
2009, USEPA and the Navajo
Nation, among others, filed
claims and received settlements
in the bankruptcy. Hie United
States, on behalf of USEPA and
other agencies, then filed a lawsuit
against Anadarko, another
successor of Kerr-McGee,
seeking additional funding for
the AUMs. The United States
and others involved ultimately
achieved a $5 billion national
settlement in 2014, of which
USEPA received almost $900
million for cleanup of more
than 50 AUMs associated with
Kerr-McGee including the 42
mines on or near the Navajo
Nation. In addition, USEPA
received close to $90 million for
the Quivira mine. The Navajo
Nation received $44 million.
The funds allocated to USEPA
are mandated by the court to
be spent by USEPA to address
contamination at the Navajo
Nation AUMs.

The United States on behalf
of USEPA and other federal
agencies entered into a
historic settlement with
Cyprus Amax and Western
Nuclear in 2017 for the
cleanup of 94 mines on
the Navajo Nation. The
settlement requires Cyprus
Amax and Western Nuclear
to perform the work.

Private parties typically hire
contractors to do the work
for them.

The United States will pay
approximately half of all
costs, including USEPA
and the Navajo Nation
Environmental Protection
Agency oversight costs,
through a trust funded at
$335 million. Cyprus Amax
and Western Nuclear will
fund the other half of the
work. This settlement has
an estimated value of $600
million.

Enforcement
Agreements with
private companies1

1 Babbitt Ranches, BNSF,
Chevron, El Paso Natural
Gas, Homestake, United
Nuclear Corporation,
EnPro Holdings

USEPA has entered into
enforcement agreements
with seven parties to assess
contamination or take other
removal actions at 37 AUMs,
and to install interim safety
measures such as fencing
and signage. Private parties
typically hire contractors to
do the work for them. Each
agreement varies in scope
and dollar amount for the
work, but USEPA intends to
follow up with agreements for
cleanup as necessary. USEPA
funds the Navajo Nation
Environmental Protection
Agency oversight of these
agreements via grants.

Ongoing efforts include
identifying the companies
responsible for AUMs in this
region and engaging them to
assess and clean up the mines.

Phase 1

Phase 2

Settlement

Settlement





The United States and
the Navajo Nation
reached an agreement
for the United States
to fund assessment of
16 priority AUMs on
the Navajo Nation.
The United States
funded a trust in
the amount of $13
million in 2015. A
trustee administers
the trust by hiring
contractors to
perform the work.
The agreement
provides for payment
of USEPA and the
Navajo Nation
Environmental
Protection Agency
oversight costs. Both
agencies received an
initial amount of
$400 thousand.

The United States and the
Navajo Nation reached a
second agreement in 2016
for the United States to
fund another trust for
cleanup of the 16 priority
mines assessed under the
first agreement, and to
evaluate 30 more AUMs
located across the Navajo
Nation. The trust will
also fund groundwater
and surface water studies
at two mines. The trust
will be administered by a
trustee, who typically will
hire contractors to perform
the work. The agreement
provides for payment of
USEPA and the Navajo
Nation Environmental
Protection Agency oversight
costs. The trust has been
initially funded for over
$8.5 million.


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