Briefing to Citizens of Canon City

Transcription

1 Briefing to Citizens of Canon City

2 Superfund Process Current Status What the 2014 RI/FS Settlement Agreement is What the 2014 RI/FS Settlement Agreement is not Public Participation Statement of Work (SOW) Questions/Comments

3 U.S. EPA (303) (w) 1595 Wynkoop St. (720) (c) Denver, CO

4 Where we are now

5 2014 RI/FS Settlement Agreement Signed Cotter to assemble a Data Summary Report for review by EPA and CDPHE

6 SOW AOC CD RAP License

7 Agreement establishes working relationships among the EPA, the Colorado Department of Public Health and the Environment (CDPHE), and the Cotter Corporation (Cotter). EPA/CDPHE s role, is to oversee activities for RI and FS.

8 An agreement with EPA and CDPHE for Cotter to perform the RI/FS for the Lincoln Park Site subject to the oversight of EPA and CDPHE Cost Reimbursement - Cotter will reimburse EPA and CDPHE for all costs the agencies incur in overseeing the work under the settlement agreement

9 Does not apply to surface soils addressed in 2002 Lincoln Park, Record of Decision (ROD)

10 The 2014 RI/FS Settlement Agreement sets out Cotter s legal obligation to follow the Nation Contingency Plan (NCP) The SOW sets out the site-specific technical details that will be followed The 2014 RI/FS Settlement Agreement/SOW ONLY relate to conduct of the RI/FS

11 The work that Cotter will perform under the 2014 RI/FS Settlement Agreement is spelled out in the SOW Evaluate existing data, identify data gaps and submit and implement a plan to address any data gaps; Prepare an RI Report to identify/characterize nature and extent of contamination Identify/evaluate alternatives for remedial action to address hazardous substances at and from the site.

12 Reimburse EPA and CDPHE for all costs the agencies incur in overseeing Cotter s work Cotter will be liable for stipulated penalties if it fails to timely perform work Financial assurance - equal to cost of the completing RI/FS

13 The public comment process in the document review flow chart will be used for all documents EPA, CDPHE and Cotter meet monthly with Citizens Advisory Group (CAG) and all are invited to attend EPA, CDPHE and Cotter to present updates

14 Briefing for Citizens Advisory Group

15 Purpose is to outline in detail the technical work for the 2014 RI/FS Settlement Agreement and schedules for the submitting documents EPA and CDPHE will do evaluation of the data quality and assure samples taken adequately represent current conditions at the site EPA will conduct the Risk Assessment Highlight sections of SOW

16 Assemble existing data and identify data gaps Groundwater Surface Water Soil Air/Ecological Other Cotter is already working on gathering and organizing data

17 Quality Assurance Starting on revision of 2009 QAPP approved by CDPHE Used to look at past data and ensure future data are acceptable

18 Data Summary Technical Assessment EPA, CDPHE and Cotter discuss and make recommendations for data use and data gaps

19 Draft RI/existing data Agencies determine usability of data Data gaps identified Develop Work Plan Based on types of data gaps may be additional investigations needed to complete the RI

20 RI/FS Work Plan Verify Data Collect additional data Technical approach for each RI activity SAPs/Field summary reports

21 Risk Assessment Risk Assessment - Human Health and Ecological will be prepared by EPA for inclusion in the Final RI Report Modelling will look at: Fate and Transport of contaminants

22 Final RI Report Summarize field results Analyze and evaluate the data Draft list of State and Federal Applicable and Relative and Appropriate Requirements (ARARs)

23 Develop and Screening of Remedial Alternatives Develop General Response Actions Identify Technology Types Development/Analysis of Alternatives

24 Treatability Studies May be needed to adequately evaluate alternatives Detailed Analysis of Alternatives Each alternative is evaluated against NCP criteria

25 Agencies review/approve qualifications of technical personnel Agencies review/approve all work (Cotter/contractors) If needed, agencies can take over work themselves

26 SOW REFERENCE Section 3 Section 5 Section 6 Section 7 Section 8.1 Section 8.2 Section 8.3 Section a. Section b. Section b. Section d. Section e. Section 8.6 Section 8.7 Section Section 9.2 Section 9.5 Section 10 Section 10 Section 12 DOCUMENT OR ACTIVITY Meeting or conversation summaries Assemble existing information relevant to the RI/FS UFP QAPP Data Summary Technical Assessment Health and Safety Plan Draft RI Report RI/FS Work Plan Convene scoping meeting Phase I SAP SAPs for additional phases Written description of information security system Summary reports for each phase of sampling Technical Memorandum Regarding Modeling Final RI Report ARARs Technical Memorandum Technical Memorandum Documenting Initial Screening of Technology Types and Process Options Development and Screening of Alternatives Technical Memorandum Treatability Studies Work Plan (if necessary) Treatability Studies Technical Report (if necessary) Final FS Report

27

28 Cotter Annual Superfund Public Meeting August 20, 2014

29 Recent History December Cotter submits termination application to State of Colorado Early All work at Cotter is paused by State of Colorado while Community Advisory Group (CAG) is reconstituted February 2013-First meeting of new CAG

30 Recent History January 2013-July Agencies and Cotter negotiate documents to implement CERCLA process for decision making on facility cleanup July 2014-Documents released for public comment Work continues to be paused until documents are finalized

31 State of Colorado RADIOACTIVE MATERIALS UNIT Cotter Radioactive Materials License and Agreement regarding Licensing and Remedial Requirements

32 Colorado Regulation of Cotter Facility Radioactive Materials License Consent Decree with Remedial Action Plan

33 Radioactive Materials License Authorizes possess, use and storage of radioactive material Current license is outdated because it authorizes operation of uranium mill

34 Consent Decree and Remedial Action Plan Long-standing legal agreement between Colorado and Cotter In the past has implemented CERCLA related actions at the site Last amended in 2012

35 Purpose of Amendment Update the license conditions and procedures in accordance with current site conditions and the anticipated decommissioning and reclamation activities Integrate the processes pursuant to CERCLA, the 2014 RI/FS Settlement Agreement including the 2014 SOW, and the 2014 Site Agreement into the License for remediation. Require disposition of impoundments to be determined under 2014 RI/FS Settlement Agreement

36 License Type, Fee and Format License changed from a source material milling license (fee category 2.A2) to a decommissioning license (fee category 14.A) no annual fee all activities conducted by CDPHE charged an hourly rate of $152

37 License Renewal Regulations do not require the renewal of a license being terminated Per Section of Colorado Rules and Regulations Pertaining to Radiation Control Licenses undergoing decommissioning for termination continue in effect beyond the expiration date until CDPHE notifies the license has been terminated License is valid until terminated Termination will not occur until all decommissioning and remediation and reclamation activities are complete.

38 License Materials and Activities Authorization All requirements associated with mill operation, uranium processing and yellowcake production were removed Replaced with Remedial Investigation/Feasibility Study decommissioning and reclamation activities No longer authorized to receive off-site source materials

39 Site Remediation CERCLA process will govern site remediation Descriptions of CERCLA, the 2014 RI/FS Settlement Agreement including the 2014 SOW, and the 2014 Site Agreement have been added to the license. Many key documents will be modified pursuant to the 2014 RI/FS Settlement Agreement Current documents remain in effect until modified

40 Occupational Monitoring Occupational sampling and monitoring programs specific to remedial activities will be revised under CERCLA and the 2014 RI/FS Settlement Agreement Cotter is still required to maintain routine monitoring programs Cotter required to update routine monitoring procedures to reflect current site conditions

41 Environmental Monitoring Environmental air monitoring requirements remain: Comply with public dose limits; Demonstrate that annual averaged air radon concentrations do not exceed the radon effluent limits; Limit the radon release from the waste repositories to ALARA; Determine the background air radon levels in comparison with the effluent limits Continue demonstrating compliance with public dose limits by annual MILDOS modeling and verification with boundary air monitoring results

42 Radon Flux Monitoring on Primary and Secondary Impoundments The impoundment is not operating, it is not subject to 40 CFR, Part 61, Subpart W (NESHAPs) Annual radon flux monitoring using EPA Method 115 is no longer requirement During the closure phase, there is no regulatory limit for the direct radon release from the impoundment and no annual monitoring requirement Radon releases to unrestricted areas are still controlled through demonstration of the boundary air radon concentration not exceeding the effluent limit, and demonstration of compliance with public dose limits

43 Site Security Required to conduct and document perimeter inspections at least once per working day. Perimeter inspections should examine the site conditions and impoundment status

44 License Financial Assurance Radioactive Material License (RML) financial assurance Increased from $17,263,622 to $17,837,983 Based on applying 2013 inflation rate of 1.8 percent and 2014 inflation rate of 1.5 percent Future annual RML financial assurance updates will reflect inflation and anticipated remedial works Long-term Care Fund No change Amount required to be equal to or greater than $250,000 in 1978 dollars, which is equivalent to approximately $707,900 in 2013 dollars As of March 31, 2014, the fund has grown to $1,018, through interest payment

45 CD RAP Financial Assurance 2012 RAP Agreement Established $3,225,526 in financial assurance Deferred $3,666,282 in financial assurance to complete projects that were described in Appendix A of the agreement. Cotter was unable complete projects because the Department required a discontinuation of all remediation work during that time period 2014 License and 2014 Site Agreement Appendix A of the 2012 RAP Agreement replaced by the 2014 SOW in the 2014 RI/FS agreement. RAP financial assurance to include the the RI/FS activities, which are estimated by the EPA at $2,947,124. The current $3,113,288 addresses the RI/FS activities Amount will not be changed at this time In the future will be changed to cover the costs of the anticipated remedial activities.

46 Quality Assurance Project Plan and Laboratory Procedures and Methods 2014 SOW requires revision of current Quality Assurance Project Plan (QAPP) to be consistent with the EPA guidance Revised QAPP will include list of approved radiochemistry laboratory procedures.

47 Lincoln Park Water Use Survey At this time, CDPHE not requiring Cotter to perform a water use survey in Lincoln Park The sampling, analysis, and interpretation will be performed as part of RI/FS process, specifically in the Human Health Risk Assessment CAG suggestions will be considered when developing the work plan for the Human Health Risk Assessment.

48 Ore Pad Removal Request Cotter currently implementing dust control to keep the exposure of ore pad materials to the environment ALARA for short-term mitigation October 2013, CDPHE denied Cotter request for excavation of the ore pad and placement of materials into Primary Impoundment for long-term mitigation Decision yet to be made for long-term mitigation

49 Restricted Area Change Cotter remodeled existing laboratory building and moved administrative offices into remodeled building Portion of maintenance building configured for long-term records storage Stage II decision document to approve using 60 µr/hr as interim cleanup level and request information for future amendment

50 2014 Site Agreement Agreement Regarding Licensing and Remedial Requirements Between CDPHE and Cotter Ensures agreement between the 2014 RI/FS Settlement Agreement, the License and the Consent Decree

51 Amendment to CD Remedial Action Plan CDPHE and Cotter agree that actions in the 2012 RAP Agreement could not be carried out 2012 RAP Schedule will be entirely deleted and replaced with 2014 SOW On-going RAP activities will continue Additional remediation determined through RI/FS process Established financial assurance will cover 2014 SOW activities