National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List; Partial Deletion of the Denver Radium Superfund Site, 54779-54789 [2010-22489]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations
EPA determines that it meets all the
CAA requirements for redesignation to
attainment.
III. Response to Comments
EPA received one comment letter in
response to the proposed rulemaking.
The letter, submitted on behalf of the
Louisiana Chemical Association,
Louisiana Mid-Continent Oil and Gas
Association, and the Baton Rouge Area
Chamber of Commerce, expressed
support for EPA’s proposal.
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IV. Final Action
For the reasons set forth in the
proposed rulemaking and in this final
rulemaking, and based on upon
complete, quality-assured, certified
ambient air monitoring data showing
the BR area has monitored attainment of
the 1997 8-hour ozone NAAQS for the
2006–2008 and 2007–2009 monitoring
periods, and preliminary data for 2010
that is consistent with continued
attainment, EPA is finalizing its
determination that the BR area has
attained the 1997 8-hour ozone
standard. As provided in 40 CFR 51.918,
the requirements for submitting the
1997 8-hour ozone attainment
demonstration SIP, the RFP
requirements, section 172(c)(9)
contingency measures and any other
planning SIPs related to attainment of
the 1997 8-hour ozone NAAQS are
suspended for so long as the area
continues to attain the 1997 8-hour
ozone standard.
V. Statutory and Executive Order
Reviews
This action makes a determination of
attainment based upon air quality that
results in suspensions of certain Clean
Air Act requirements, and does not
impose additional requirements. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because there is no
federally recognized Indian country
located in the states, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rules
in the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
these actions must be filed in the United
States Court of Appeals for the
appropriate circuit by November 8,
2010. Filing a petition for
reconsideration by the Administrator of
these final rules does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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54779
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: August 25, 2010.
Al Armendariz,
Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart T—Louisiana
2. Section 52.977 is amended by
designating the existing undesignated
paragraph as paragraph (a) and by
adding a new paragraph (b) to read as
follows:
■
§ 52.977
Ozone.
Control strategy and regulations:
*
*
*
*
*
(b) Determination of Attainment.
Effective October 12, 2010 EPA has
determined that the Baton Rouge 8-hour
ozone nonattainment area has attained
the 1997 8-hour ozone National
Ambient Air Quality Standard
(NAAQS). Under the provisions of 40
CFR 51.918 this determination suspends
the requirements for this area to submit
an attainment demonstration, a
reasonable further progress plan,
applicable contingency measures, and
other planning Louisiana State
Implementation Plan (SIP) requirements
related to attainment of the 1997 8-hour
ozone NAAQS for so long as the area
continues to attain the 1997 8-hour
ozone NAAQS.
[FR Doc. 2010–22341 Filed 9–8–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9198–6]
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List; Partial Deletion of the
Denver Radium Superfund Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is publishing a
direct final Notice of Partial Deletion of
SUMMARY:
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the Denver Radium Superfund Site
(Site). Specifically, EPA intends to
delete from the National Priorities List
(NPL) each of the 11 operable units at
the Denver Radium Site, located in the
City and County of Denver, Colorado.
Groundwater contamination associated
with Operable Unit 8 will remain on the
NPL. The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances 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
Environment, because EPA has
determined that all appropriate
response actions at these identified
parcels under CERCLA, other than
operation, maintenance, and five-year
reviews, have been completed.
However, this partial deletion does not
preclude future actions under
Superfund.
This partial deletion pertains to each
of the 11 operable units of the Denver
Radium Superfund Site. Groundwater
contamination associated with Operable
Unit 8 will remain on the NPL and is
not being considered for deletion as part
of this action.
DATES: This direct final rule is effective
November 8, 2010 unless EPA receives
adverse comments by October 12, 2010.
If adverse comments are received, EPA
will publish a timely withdrawal of the
direct final partial deletion in the
Federal Register informing the public
that the partial deletion will not take
effect.
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: dalton.john@epa.gov.
• Fax: (303) 312–7110 (Attention:
John Dalton, Public Affairs and
Involvement)
• Mail: John Dalton, Public Affairs
and Involvement (8OCPI), U.S. EPA
Region 8, 1595 Wynkoop Street, Denver,
CO 80202–1129, (303) 312–6633.
• Hand Delivery: U.S. EPA Region 8,
1595 Wynkoop Street, Denver, CO. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1983–
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ADDRESSES:
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0002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket
All documents in the docket are listed
in the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in the hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency
Region 8 Records Center, 1595
Wynkoop Street, Denver, CO 80202,
Hours: M–F, 8 a.m. to 4 p.m.
Colorado Department of Public Health
and Environment, 4300 Cherry Creek
Drive South, Denver, CO 80246,
Hours: M–F, 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Rebecca Thomas, Project Manager
(8EPR–SR), U.S. Environmental
Protection Agency Region 8, EPR–SR,
1595 Wynkoop Street, Denver, CO
80202–1129, (303) 312–6552,
thomas.rebecca@epa.gov.
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action
I. Introduction
EPA Region 8 is publishing this direct
final Notice of Partial Deletion for the
Denver Radium Superfund Site (Site)
from the National Priorities List (NPL).
This partial deletion pertains to each of
the 11 operable units of the Denver
Radium Superfund Site, with the
exception of groundwater
contamination associated with Operable
Unit 8. The NPL constitutes Appendix
B of 40 CFR part 300, which is the Oil
and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA
promulgated pursuant to Section 105 of
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). This partial deletion of the
Denver Radium Superfund Site is
proposed in accordance with 40 CFR
300.425(e) and is consistent with the
Notice of Policy Change: Partial
Deletion of Sites Listed on the National
Priorities List, 60 FR 55466 (Nov. 1,
1995). As described in Section 300.425
(e)(3) of the NCP, a portion of a site
deleted from the NPL remains eligible
for Fund-financed remedial action if
future conditions warrant such actions.
Because EPA considers this action to
be non-controversial and routine, this
action will be effective November 8,
2010 unless EPA receives adverse
comments by October 12, 2010. Along
with this direct final Notice of Partial
Deletion, EPA is co-publishing a Notice
of Intent for Partial Deletion in the
‘‘Proposed Rules’’ section of the Federal
Register. If adverse comments are
received within the 30-day public
comment period on this partial deletion
action, EPA will publish a timely
withdrawal of this direct final Notice of
Partial Deletion before the effective date
of the partial deletion, and the partial
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 for Partial Deletion and
the comments already received. There
will be no additional opportunity to
comment.
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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 Denver Radium
Superfund Site and demonstrates how
portions of the Site proposed for
deletion meet the deletion criteria.
Section V discusses EPA’s action to
partially delete the Site from the NPL
unless adverse comments are received
during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that
EPA uses to delete sites from the NPL.
In accordance with 40 CFR 300.425(e),
sites may be deleted from the NPL
where no further response is
appropriate. In making such a
determination pursuant to 40 CFR
300.425(e), EPA will 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
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.
Pursuant to CERCLA section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site is
deleted from the NPL. EPA may initiate
further action to ensure continued
protectiveness at a deleted site if new
OU
information becomes available that
indicates it is appropriate. 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. Partial Deletion Procedures
The following procedures apply to
partial deletion of the 11 operable units
of the Site:
(1) EPA consulted with the State of
Colorado prior to developing this direct
final Notice of Partial Deletion and the
Notice of Intent for Partial Deletion copublished in the ‘‘Proposed Rules’’
section of the Federal Register.
(2) EPA has provided the State 30
working days for review of this notice
and the parallel Notice of Intent for
Partial Deletion prior to their
publication today, and the State,
through the Colorado Department of
Public Health and Environment, has
concurred on the partial 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 for Partial
Delete is being published in a major
local newspaper, The Denver Post. The
newspaper notice announces the 30-day
public comment period concerning the
Notice of Intent for Partial Deletion of
the Site from the NPL.
(4) The EPA placed copies of
documents supporting the partial
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
(5) If adverse comments are received
within the 30-day public comment
period on this partial deletion action,
EPA will publish a timely notice of
withdrawal of this direct final Notice of
54781
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 for Partial Deletion and
the comments already received.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion 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 Partial Site Deletion
The following information provides
EPA’s rationale for deleting from the
NPL each of the 11 operable units of the
Denver Radium Site, with the exception
of groundwater contamination
associated with Operable Unit 8:
Site Location
The Denver Radium Superfund Site
(EPA ID: COD980716955), located in
Denver, Colorado, consists of more than
40 contaminated properties. These
properties have been grouped into 11
operable units which, except for
groundwater contamination associated
with OU 8, are proposed for deletion
from the NPL. At certain locations,
marked with an asterisk, waste has been
left in place. These locations will
require continued operation and
maintenance to inspect the integrity of
the cap and ensure institutional controls
(ICs) are functioning properly. The Site
was added to the Superfund NPL in
1983 (48 FR 40658, September 8, 1983).
Property name
Address
....................
....................
....................
....................
....................
B & C Metals (now Martin Shea Millworks) .............................
Erickson Monuments ................................................................
Materials Handling, Inc ............................................................
Rudd .........................................................................................
City/County of Denver Alley/Driveway .....................................
OU2* ..................
OU2 ....................
DuWald Steel (now Atlas Metals & Iron) .................................
Rocky Mountain Research Corporation (now A1 Transmission and Nationwide Courier).
G&K Services ...........................................................................
Jenkins Property ......................................................................
Staab Property .........................................................................
Air Conditioning, Inc .................................................................
Burlington Northern Railroad ...................................................
Colorado DOT—Jerome Maintenance Yard ............................
Flame Spray, Inc ......................................................................
Alpha Omega Electronics ........................................................
Capital Management Realty (now Royal Textile) ....................
Denver Water Board ................................................................
1623–1625 West 12th Ave.
1241–1245 Quivas St.
1740 West 13th Ave.
1223–1229 Quivas St.
East of B & C Metals, between 12th Ave. and Erickson
Monuments.
1100 Umatilla Street.
1020–1030 Yuma Street.
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OU1
OU1
OU1
OU1
OU1
OU2 ....................
OU2 ....................
OU2 ....................
OU2 ....................
OU2* ..................
OU2 ....................
OU2 ....................
OU2 ....................
OU2 ....................
OU2 ....................
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999 Vallejo Street.
2191 West 10th Street.
2121 West 10th Street.
1001 South Tejon Street.
Between 10th & 11th Avenues.
2300 West 11th Avenue.
1900 West 12th Avenue.
1010 Yuma Street.
1050 Yuma Street.
1600 West 12th Avenue.
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OU
Property name
OU3 ....................
OU3* ..................
Creative Illumination, Inc ..........................................................
Packaging Corporation of America (PCA) (now Caraustar
Custom Packaging).
GT Car Shop/Aspen Design and Manufacturing .....................
Denver right-of-way ..................................................................
Kwan Sang Noodle Company, formerly Titan Labels .............
Various tenants ........................................................................
Central & Sierra Railroad .........................................................
Robinson Brick and Tile Company (ROBCO) (now Home
Depot).
Denver and Rio Grande Western Railroad ROW ....................
Alley in City and County of Denver right-of-way .....................
OU3 ....................
OU3* ..................
OU3 ....................
OU3 ....................
OU3* ..................
OU4* ..................
OU5 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU6 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU7 ....................
OU8 ....................
OU8* ..................
OU9A .................
OU9B* ................
OU10 ..................
OU11 ..................
Allied (General Chemical) ........................................................
Brannan Sand and Gravel .......................................................
Central and Sierra Railroad right-of-way/Centennial Tire ........
Denver Water Department .......................................................
Public Service Company ..........................................................
Ruby Hill Park ..........................................................................
Environmental Metals, Inc. (bldg has been razed) ..................
9th Ave.: Ogden St. to Cheesman Pk .....................................
11th Ave.: Josephine St. to Cheesman Pk ..............................
23rd St.: California St. to Lawrence St ....................................
Corona: 7th Ave. to 10th Ave ..................................................
Downing St .: 7th Ave. to 10th Ave .........................................
Humboldt St.: 7th Ave. to 9th Ave ...........................................
Lafayette St.: 1st Ave. to 10th Ave ..........................................
Marion St.: 6th Ave. to 10th Ave .............................................
York St.: 6th Ave. to 13th Ave .................................................
S.W. Shattuck Chemical Company (soil) .................................
S.W. Shattuck Chemical Company (groundwater) ..................
International House of Pancakes and Larry’s Trading Post
´
(now Mama’s Cafe, Herbs and Art, and Purple Haze).
Robinson Brick and Tile Company (ROBCO) Metals (now
Home Depot).
Card Corp .................................................................................
Commercial Investors Realty (formerly owned by Thomas
Real Estate Corp.) (now Murphy Beds and a Starbucks).
Site History
OU1
Contamination at OU1 resulted from a
radium, vanadium, and uranium
processing facility at 1201 Quivas Street
owned by the Pittsburgh Radium
Company (PRC) from 1925 until 1926.
The Radium Ores Company, which was
associated with PRC, operated the
facility until approximately 1927.
Approximately 120 tons of carnotite and
500 tons of vanadium were processed
monthly.
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OU2
The contamination at Operable Unit 2
is believed to be from activities of the
Schlesinger Radium Company which
began operations in 1914 where Atlas
Metals & Iron (formerly DuWald Steel
Corporation) currently is located (1100
Umatilla Street). In 1917, Schlesinger
Radium Company became Radium
Company of Colorado. Radium
Company of Colorado ceased operations
at OU2 in 1924. Complex Ore Recovery
Company occupied the 1100 Umatilla
property until 1928. It is not known
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1298 South Kalamath Street.
1377 South Jason Street.
1235 South Jason Street.
1377 S. Jason Street.
1140 West Louisiana.
1300 South Jason Street.
Between W. Louisiana & W. Florida Streets.
500 South Santa Fe Drive.
Immediately East of OU4.
Between Mariposa and Lipan Streets and between 5th and
6th Avenues.
1271 West Bayaud Avenue.
61st Ave. and Clear Creek.
2301 15th Street.
1190 Yuma Street.
South Pecos St. & West Arizona Ave.
Jewell St. and S. Platte River Drive.
1155 West 5th Avenue.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
1805 South Bannock Street.
1805 South Bannock Street.
2001, 2015, and 2017 East Colfax Avenue.
500 South Santa Fe Drive.
1314 West Evans Avenue.
1285–1295 South Santa Fe Drive.
whether that company also processed
radium ore.
Since 1914, at least 38 companies
have operated within the operable unit.
OU2, as originally designated, included
only the 1100 Umatilla and 1020 and
1030 Yuma Street properties. The other
properties were included as subsequent
investigations revealed additional
contamination.
OU3
It is believed that the vacant lot,
located at 1000 South Louisiana and
owned by Packaging Corporation of
America, may have been the site of a
smelter that operated in the late 19th
century. This smelter may have been
turned into a radium-processing facility
in the early 20th century. The Chemical
Products Company, which occupied
portions of OU3 between 1918 and
1921, separated radium and vanadium
from uranium ores for the National
Radium Institute. Most of the buildings
associated with radium processing were
demolished prior to 1970. The
exception was a brick building located
at 1298 South Kalamath Street, which
was purchased by Creative Illumination,
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Inc. and used for light-fixture
fabrication. The Creative Illumination,
Inc. building was demolished during
remediation activities.
OU4/5
OU4 (ROBCO) was the site of a
radium processing facility established
by the National Radium Institute (NRI)
in 1913. The NRI facility was created for
the purpose of developing and
demonstrating the commercial
feasibility of radium extraction
techniques. This facility operated on the
site for approximately four years and
then closed after producing 7.5 grams of
radium and successfully demonstrating
commercially feasible extraction
processes. ROBCO acquired the
property in the 1940s and used it as a
brick and tile-manufacturing site until
the 1980s. The radium-contaminated
area of OU5 (D&RGW right-of-way)
covers 1.6 acres. This property is
crossed by several rail lines and
contains a network of electronic
controls to operate railway lights and
switches. OU5 has been in use as a
railroad right-of-way throughout the
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OU10
industrial and commercial use of the
adjacent ROBCO property.
OU6, OU9A, OU11
Much of the radiological
contamination present at OU6, OU9A
and OU11 is believed to be either the
direct result of radium and uranium
processing on the property or the result
of deposition of residual wastes from
other processing sites.
OU7
These properties comprise a number
of city streets which were underlain by
radium-contaminated soil. Radium
production from about 1914 to the mid1920s generated large quantities of
radioactive residues in the Denver area.
Radium-contaminated tailing and other
wastes were discarded or left on site
when the facilities were closed. Due to
changes in ownership and use of the
properties, the residues were used as
cover, fill, foundation material, and as
aggregate in concrete and asphalt
mixtures.
OU8
The Shattuck property has been the
location of several mineral-processing
operations since the early 1900s. The
operations included the extraction of
molybdenum and vanadium from ores,
processing of ‘‘radium slimes’’ for the
production of radium salts and uranium
compounds, recovery of rhenium as a
by-product of molybdenum production,
and for a short period of time processing
of depleted uranium. The primary site
contaminants were radium, thorium,
uranium, molybdenum, arsenic,
selenium, and several volatile and semivolatile organics. Shattuck’s operations
ceased in 1984.
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OU9B
OU 9B–ROBCO Metals was
designated to distinguish response
actions addressing metals
contamination from response actions
addressing the OUs 4/5 radium
contamination. In May 1988, excavation
of the radiologically contaminated soil
began at OUs 4/5. In September 1988,
during the course of the radium
cleanup, metals contamination was
discovered on the ROBCO property.
Contaminants of concern included
arsenic, lead, and zinc. An investigation
to characterize the nature and extent of
metals contamination was conducted in
1989 and 1990. This metal
contamination is believed to be from the
operation of the Tabor Smelter on this
property in the 1880s and 1890s.
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Contamination at OU10 was from PRC
processing of vanadium between 1920
and 1924. During 1924, PRC is believed
to have processed as much as 10 tons of
vanadium daily. OU1–OU11, with the
exception of OU8 groundwater, are
proposed for partial deletion.
Characterization of Risk
Radium and its associated decay
products were the primary
contaminants of concern at the Denver
Radium Site. Other contaminants at the
site were thorium, uranium, arsenic,
zinc, and lead.
The elevated concentration of radium
and the uncontrolled state of
contaminants at the Denver Radium Site
posed a health hazard due to three
potential exposure pathways: Inhalation
of radon gas and its decay products,
direct gamma radiation exposure from
the decay of radium and ingestion or
inhalation of radium-contaminated
materials. Ingestion or contact with
contaminated groundwater is not a
principal exposure pathway. There is no
surface water on site.
Inhalation of radon decay products
presents the greatest health risk from
long-term exposure. Prolonged
inhalation of air with a high
concentration of radon decay products
has been conclusively shown to increase
the risk of lung cancer. Dispersion
quickly dilutes radon emanating from
radium-contaminated ground. The
greatest risk from radon is when it
builds up in well-sealed buildings.
Radon decay product contamination in
buildings (where applicable) was as
much as 0.30 working levels (WL) above
the EPA standard of 0.02.
Remedial Investigation and Feasibility
Study
The Remedial Investigation (RI) report
for the Denver Radium Superfund Site
was issued in April 1986. The
Feasibility Study (FS) was issued in
September 1987. The site-wide RI
focused on radium and uranium
processing residues discarded in the
early 1900s. These residues contain
uranium, radium, and thorium.
A number of Remedial Action
alternatives were evaluated in the sitewide FS including: No Action; On-Site
Processing with Permanent Disposal; InSitu Vitrification; On-Site Permanent
Disposal; Off-Site Permanent Disposal,
and On-Site Temporary Containment
with Off-Site Permanent Disposal. These
site-wide RI and FS reports provided the
basis for selecting remedies in most of
the Records of Decision. Separate RI/FS
reports were generated for the metals
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contamination at OU4 (ROBCO) and the
contamination at OU8 (Shattuck).
Remedial Action Objectives
The following objectives were
identified for soil across the site:
Remedial actions shall be conducted
so as to provide reasonable assurance
that, as a result of residual radioactive
materials from any designated
processing site:
(a) The concentration of radium-226
in land averaged over any area of 100
square meters shall not exceed the
background level by more than—
(1) 5 pCi/g, averaged over the first 15
centimeters of soil below the surface,
and
(2) 15 pCi/g, averaged over 15centimeter thick layers of soil more than
15 centimeters below the surface.
Supplemental Standards: (OUs 2, 3, 4,
9B)
40 CFR Part 192 provides that under
certain circumstances the agency
performing the cleanup may choose a
remedial action that does not achieve
complete removal of radium
contamination to the levels described in
40 CFR Section 192.12(a). Under 40 CFR
Section 192.21(c), ‘‘supplemental
standards’’ can be applied when:
‘‘The estimated cost of remedial action to
satisfy 40 CFR Section 192.12(a) at a * * *
site * * * is unreasonably high relative to
the long-term benefits, and the residual
radioactive materials do not pose a clear
present or future hazard. The likelihood that
buildings will be erected or that people will
spend long periods of time at such a vicinity
site should be considered in evaluating this
hazard. Remedial action will generally not be
necessary where residual radioactive
materials have been placed semipermanently in a location where site-specific
factors limit their hazard and from which
they are costly or difficult to remove, or
where only minor quantities of residual
radioactive materials are involved. Examples
are residual radioactive materials under hard
surface public roads and sidewalks, around
public sewer lines, or in fence post
foundations.’’
The following objectives were
identified for buildings across the site:
(b) In any occupied or habitable
building—
(1) The objective of remedial action
shall be, and reasonable effort shall be
made to achieve, an annual average (or
equivalent) radon decay product
concentration (including background)
not to exceed 0.02 WL. In any case, the
radon decay product concentration
(including background) shall not exceed
0.03 WL, and
(2) The level of gamma radiation shall
not exceed the background level by
more than 20 microroentgens per hour.
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The following objectives were
identified for groundwater:
OU8—Restoration of groundwater
quality to Safe Drinking Water Act
maximum contaminant levels through
monitored natural attenuation.
OU9B—No remedial action objectives
were identified for groundwater because
the alluvial aquifer is not presently used
as a drinking water source and is
unlikely to be used as a drinking water
source due to poor natural quality (i.e.,
high total dissolved solids), low yield,
and its location (i.e., in an industrial
area between a major rail corridor and
an interstate highway). Groundwater
protection is achieved by controlling the
source of contamination and periodic
monitoring to verify that contamination
does not reach the South Platte River in
detrimental concentrations. Deed
restrictions include a prohibition on
placement of any wells on the Site for
the purpose of supplying drinking
water.
Selected Remedies
The RODs for OUs 1, 2, 3, 4/5, 6/9/
11, and 10 each selected excavation and
off-site permanent disposal as the
remedy. At the time the RODs were
signed, there were no disposal facilities
in the nation that accepted radioactive
waste. For this reason, the RODs
included temporary on-site land storage
of the contaminated materials with
subsequent off-site permanent disposal.
Plans for on-site temporary land storage
were abandoned for all operable units,
with the exception of OU 4/5, when a
permanent disposal facility opened
before excavation began. Excavated
material was shipped by rail to
Envirocare of Utah, Inc., a disposal
facility in Tooele County, Utah. For OU
4/5, contaminated soil was stockpiled
on the ROBCO property until the
permanent disposal facility became
available and a transportation contract
was negotiated.
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OU1
In the Record of Decision (ROD),
dated September 1987, EPA selected
excavation and off-site disposal as the
remedy for OU1. The objectives of this
remedy were to prevent: Radiation
exposure due to inhalation of radon gas
and its daughter products; radiation
exposure due to inhalation and
ingestion of long-lived radionuclides;
and direct exposure to gamma radiation.
OU2
In the ROD, dated September 1987,
EPA selected excavation and off-site
permanent disposal as the remedy for
OU2. The objectives of this remedy were
to prevent: Radiation exposure due to
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inhalation of radon gas and its daughter
products; radiation exposure due to
inhalation and ingestion of long-lived
radionuclides; and direct exposure to
gamma radiation.
The scope of Remedial Action
detailed in the ROD included:
• Decontaminating the roof of the
Rocky Mountain Research Corporation
building and excavating the majority of
the approximately 15,400 cubic yards of
contaminated material located under
buildings and in open areas on the
properties, and placing the material in
a temporary on-site land storage facility,
• Maintaining the 6-inch-thick
concrete pad, covering contaminated
soil on the northeast part of the Atlas
Metals & Iron (formerly DuWald Steel
Corporation) property,
• Removing the contaminated
material from the temporary storage and
containment locations to the permanent
disposal facility when such a facility
became available.
In September 1993, EPA issued an
Explanation of Significant Differences
(ESD) to address on-site conditions that
became apparent after the ROD was
signed. The changes made to the remedy
selected for OU2 in the ROD were:
• A greater volume of radiumcontaminated soil was excavated and
removed.
• Relatively small amounts of radium
contamination were left on the 1100
Umatilla Street property. Radium
contaminated soil was left in place in
the following locations: (a) Under
structures on the Du-Wald property, (b)
near the underground power line, (c)
within a four foot buffer zone around
water and sewer lines, (d) below the
ground water level, and (e) on the
Burlington Northern Railroad (BNRR)
right-of-way.
• Institutional controls (ICs) were
required where waste was left in place.
• There was no temporary on-site
storage.
• Soil containing commingled radium
and lead was solidified in a cement
matrix prior to shipment to a
permanent, off-site disposal facility.
OU3
In the ROD, dated September 1987,
EPA selected excavation and off-site
disposal as the remedy for OU3. The
objectives of this remedy were to
prevent: Radiation exposure due to
inhalation of radon gas and its daughter
products; radiation exposure due to
inhalation and ingestion of long-lived
radionuclides; and direct exposure to
gamma radiation.
In December 1993, EPA issued an ESD
to address on-site conditions that
became apparent after the ROD was
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signed. The ESD presents the changes
that were made to the remedy selected
for OU3; briefly, the differences were:
• No temporary storage prior to
removal and shipment of contaminated
material to the permanent off-site
disposal facility.
• Over 52,000 cubic yards of
contaminated soil were excavated and
the area of contamination was extended
east of South Jason Street.
• As part of the remediation, the
Creative Illumination building was
demolished, contaminated material was
removed, and the contaminated
materials were shipped to the off-site
repository.
• There was no excavation of
contaminated soil below groundwater,
near water lines, or under South Jason
Street, Platte River Drive and the
Packaging Corporation of America
building.
• ICs were required where waste was
left in place.
OU4/5
EPA selected excavation and off-site
disposal as the remedy for this OU in a
ROD dated September 30, 1986. The
objectives of this remedy were to
prevent: Radiation exposure due to
inhalation of radon gas and its daughter
products; radiation exposure due to
inhalation and ingestion of long-lived
radionuclides; and direct exposure to
gamma radiation. The ROD determined
that the shallow alluvial aquifer is not
a drinking water source.
In December 1994, EPA issued an ESD
to address on-site conditions that
became apparent after the ROD was
signed. The ESD describes in more
detail the changes that were made to the
remedy selected for OU4 and OU5. The
remedy, as implemented, differed in
two respects from the remedy chosen in
the 1986 ROD. Those differences were:
• The volume of contaminated soil
increased; and
• Relatively small volumes of
contaminated soil were left in place
below the groundwater level.
• ICs were required on the OU4
property where wastes were left in
place.
OU6, OU9A, OU11
EPA selected excavation and off-site
disposal as the remedy for OU6, OU9A,
and OU11 in a ROD dated September
29, 1987. The objectives of this remedy
were to prevent: Radiation exposure due
to inhalation of radon gas and its
daughter products; radiation exposure
due to inhalation and ingestion of longlived radionuclides; and direct exposure
to gamma radiation.
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Remedial design at these operable
units focused on excavation and direct
off-site disposal of radiologic waste
materials.
In January 1995, EPA issued an ESD
to address on-site conditions that
became apparent after the ROD was
signed. The ESD describes the changes
that were made to the remedy selected
for OU6, OU9A, and OU11. Briefly,
these differences include:
• A relatively small volume of
radium-contaminated soil was left in
place at the following locations in OU6:
a) near a concrete box culvert on the
Confluence Park property; and b) under
the Environmental Materials (EMI)
Building.
• ICs were required on the OU6
property where wastes were left in
place. Note: Even though the 1995 ESD
describes waste left in place, all
contamination was subsequently
removed. ICs are not required.
• Additional properties were found to
be contaminated and a greater volume of
radium-contaminated soil was
excavated and placed in a permanent
off-site repository.
• Soil commingled with metals
contamination was shipped to the
permanent off-site disposal facility.
OU7
EPA issued a ROD for OU7 on March
24, 1986 that combined features of the
Excavation and Off-site Disposal
alternative with a no action alternative.
The ROD called for leaving the
contaminated material in-place and
required ICs to monitor all maintenance,
repair, or construction activities in the
affected streets. Any contaminated
material excavated during these
activities would be shipped off site for
disposal.
The objectives of this remedy were to
prevent: Radiation exposure due to
inhalation of radon gas and its daughter
products; radiation exposure due to
inhalation and ingestion of long-lived
radionuclides; and direct exposure to
gamma radiation.
In September 1992, EPA issued an
ESD to address on-site conditions that
became apparent after the ROD was
signed. This ESD amended the existing
ROD to allow for reburial of excavated
materials. The significant difference
from the original remedy allows on-site
retention and reburial of radiumcontaminated material excavated during
all maintenance, repair or other
construction activities. Should
maintenance, repair or other
construction activities be required,
excavated radium-contaminated
materials will be retained and reburied
on site if feasible, provided that the area
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to be excavated is not greater than 20%
of the total area of the roadway in one
city block. Special variance to the 20%
limit may be granted by the CDPHE
should an unusual circumstance require
such a variance. Reburied materials will
be covered with a new, hard surface,
such as asphalt or concrete having a
minimum depth of 6 inches to ensure
no direct exposure. If retention and
reburial are not feasible, the materials
will be disposed at a licensed, off-site
disposal facility, consistent with the
ROD.
OU8
The original ROD for Shattuck was
signed on January 28, 1992. EPA
selected on-site soil stabilization and
solidification to prevent further
degradation of groundwater and allow
for natural attenuation with monitoring
for groundwater. Groundwater
monitoring will be performed to (1)
monitor the effectiveness of source
control measures, and (2) monitor
attenuation of the plume until it meets
maximum contaminant levels for
contaminants of concern. An IC program
was an integral part of the remedy and
required restrictions against excavating
into the cover and stabilized materials,
prohibition of the construction of
enclosed structures on the disposal site,
restrictions against the use of
groundwater, and restrictions to prevent
agricultural use of the site. In 1999, EPA
conducted a discretionary five-yearreview of the Shattuck OU and found
deficiencies in aspects of the design and
integrity of the on-site disposal cell.
Based on these findings, EPA could not
be assured of the long-term protection of
the original remedy. In addition to the
technical concerns raised by the 1999
five-year review, the State, Denver,
elected officials, and the local
community requested that EPA consider
other alternatives to the on-site remedy
to allow for unrestricted use of the site.
In June 2000, after developing a
proposed plan and receiving public
input, EPA selected off-site removal in
a ROD Amendment. Off-site disposal
benefits included the following:
• Long-term protection of human
health and the environment;
• Removal of potential source
material for future groundwater
contamination;
• Disposal of material in a permitted
facility;
• Unrestricted future land use; and
• Monitored attenuation of the plume
until it meets maximum contaminant
levels for contaminants of concern for
groundwater use remain as required in
the 1992 Record of Decision.
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An ESD was issued for the Shattuck Site
in February 2007. The ESD was required
due to the elevated costs from the
original estimate based on the 2000
ROD. The 2000 estimate cost for the offsite removal was $29 million with a
final cost of $57 million. Reasons for the
increased costs are described in the
ESD.
OU9B
As discussed above, OU9B was
designated when substantial metalscontaminated soil, not commingled with
radium wastes, was discovered during
implementation of the OU 4/5 remedy.
At this OU, EPA selected a remedy
leaving the metals-contaminated soil on
site under a protective soil cover and
implemented ICs. The objectives of the
remedy were to:
• Prevent direct contact with or
ingestion of metals-contaminated soil
that exceeds the health-based action
levels and monitor migration of the
contaminants of concern in groundwater
that could result in degradation of water
quality in the South Platte River.
• Cap the metals-contaminated soil,
conduct environmental monitoring to
ensure the effectiveness of the Remedial
Action, and implement ICs to limit use
of groundwater at the site and maintain
the integrity of the cap.
OU10
In the ROD, dated June 30, 1987, EPA
selected excavation and off-site disposal
as the remedy for OU10. The objectives
of this remedy were to prevent:
Radiation exposure due to inhalation of
radon gas and its daughter products;
radiation exposure due to inhalation
and ingestion of long-lived
radionuclides; and direct exposure to
gamma radiation.
Response Actions
OU1
Remediation activities at OU1 were
conducted in three phases to facilitate
construction and to accommodate the
various business activities in the unit.
Construction began on October 2, 1989
and concluded on July 18, 1991. The
quantity of material removed during
remediation was 32,665 tons.
OU2
Remedial Actions at OU2 began in
August 1990 and, except for ICs, were
completed in August 1993. Activities
included:
• Excavation of radium-contaminated
soil in open areas.
• Analysis of the contaminated
materials for disposal to ensure
compliance with transportation and
disposal regulations.
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• Shipment of contaminated
materials to the permanent off-site
disposal facility.
• Confirmation sampling of excavated
area.
A total of 14,211 tons of radiologic
and commingled material was excavated
and shipped off site. The commingled
material was stabilized by solidification
prior to off-site disposal. A
Supplemental Standards Report was
prepared in May 1994 to document that
11,060 cubic yards of radiological
contaminated soil were left in place on
the Burlington Northern Railroad
property and the 1100 Umatilla Street
property (Atlas Metals and Iron) at OU2.
Pursuant to the terms of an
administrative settlement agreement
(November 22, 2005), the current owner
of the former DuWald property, Atlas
Umatilla, LLC, has prepared and is
implementing an O&M Plan and signed
and executed an environmental
covenant on June 25, 2006. The
environmental covenant restricts
disturbance of the concrete cap and
subsurface soil. In addition, Denver’s
zoning ordinance and its radium fee
ordinance provide ICs generally at
properties in OU2 where radiumcontaminated soil remains in place
under supplemental standards.
OU3
Remedial Actions at OU3 began in
August 1989 and were completed in
September 1991. A phased approach to
the cleanup allowed on-site businesses
to maintain operations throughout the
excavation and shipment of 63,672 tons
of contaminated material from OU3.
Activities included:
• Excavation of radium-contaminated
soil in open areas;
• Demolition of certain radiumcontaminated buildings;
• Analysis of the contaminated
materials to be disposed to ensure
compliance with transportation and
disposal regulations;
• Shipment of contaminated
materials to the permanent off-site
disposal facility; and
• Confirmation sampling of excavated
area.
The Creative Illumination building
was demolished and 3,657 tons of
radium-contaminated materials were
excavated and removed from this
location. A total of 32,389 tons of
radium-contaminated soil was
excavated and removed from the
Packaging Corporation of America
(PCA) property and a vacant lot owned
by PCA located at 1000 West Louisiana.
Other activities included the excavation
and off-site disposal of 27,626 tons of
radiologically contaminated soil.
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Remediation of OU3 was completed
when 50 tons of radiologically
contaminated soil were excavated from
the GT Car Shop and Aspen Design and
Manufacturing properties for off-site
disposal.
OU4/5
Remedial Action at OU4 and OU5
included the following:
• Excavation of radium-contaminated
soil;
• Demolition of certain radiumcontaminated buildings;
• Analysis of the contaminated
materials to ensure compliance with
transportation and disposal regulations;
• Shipment of contaminated
materials to the permanent off-site
facility; and
• Confirmation sampling of excavated
area.
Remedial Action at OU4/5 was
conducted in phases, beginning in April
1988 and, except for ICs, completed in
March 1991. A total of 57,586 tons of
radiologically contaminated material
was excavated during the initial phase
of the cleanup. This material was
stockpiled on site temporarily until it
could be transported to the off-site
disposal facility. Approximately 1,290
tons of soil, contaminated with elevated
levels of Thorium-230, were removed
during a later phase of the project. The
stockpiled material, as well as an
additional 9,677 tons of contaminated
material situated immediately below the
stockpile, were shipped during a later
phase of the cleanup. Finally,
29,721 tons of radiologically
contaminated soil were excavated and
transported by rail in covered gondola
cars to a permanent off-site disposal
facility operated by Envirocare of Utah,
Inc., in Tooele County, Utah. Of this
total, 2,100 tons were contaminated
with metals as well as radioactive
material. A Supplemental Standards
Report, prepared in March 1994,
documented radiological contamination
that remained on site at OU4. Materials
left in place are located at 500 South
Santa Fe Drive (ROBCO); and the
Burlington Northern Railroad ROW
immediately east of ROBCO (OU4).
Pursuant to the terms of the
Agreement and Covenant Not To Sue
(July, 1995; also called the Prospective
Purchaser Agreement (Home Depot
PPA), Home Depot USA (Home Depot)
placed a restrictive covenant on OU4.
The restrictive covenant restricts future
use of the areas where radiological
contamination was left in place under
supplemental standards. In addition,
Denver’s zoning ordinance and its
radium fee ordinance provide ICs
generally at properties in OU 4/5 where
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radium-contaminated soil remains in
place under supplemental standards.
Also, the PPA provides additional ICs
for this operable unit.
OU6, OU9A, OU11
Remedial Action operations at OU6,
OU9A, and OU11 included the
following:
• Excavation of radium-contaminated
soil;
• The analysis of the contaminated
materials to ensure compliance with
transportation and disposal regulations;
• Shipment of contaminated
materials to the permanent off-site
disposal facility; and
• Confirmation sampling of excavated
area.
Remediation was conducted in phases
to facilitate the cleanup and to
accommodate the various business
activities within these operable units.
Remediation began in March 1989 and
was completed in December 1993.
During the Remedial Action for OU6,
OU9A, and OU11, 8,336 tons of
contaminated soil were excavated and
disposed off site.
118 tons of contaminated soil were
excavated from a property at South
Pecos Street and West Arizona Avenue
and disposed off site. The excavated
area was backfilled with clean soil and
re-vegetated. Various properties within
OU6, OU9A and OU11 also were
remediated and a total of 5,365 tons of
material were excavated for off-site
disposal. A total of 2,403 tons of
contaminated soil was excavated from
the Environmental Materials, Inc. (EMI)
and Regional Transportation District
properties. This soil was transported by
rail to the permanent disposal facility in
Utah. In 1993, during the final phase,
450 tons of contaminated soil were
excavated from the EMI property and
transported by rail to the permanent
disposal facility in Utah. Even though
the 1995 ESD spoke about supplemental
standards applying to OU6, all
contamination was subsequently
removed, thus, institutional controls are
not required.
OU7
The EPA selected remedy combines
features of excavation and disposal with
the modified no action alternative. This
remedy entails:
• Leaving the contaminated material
in place;
• Improving ICs so that all routine
maintenance, repair and construction
activities in the affected streets by
government agencies, utility companies,
contracting companies, and private
individuals will be monitored; and
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• Removing any contaminated
material excavated during routine
maintenance, repair, or construction
activities in the affected streets to a
facility approved for storage or disposal
of contaminated material.
• Due to the location, nature, and
volume of radioactive contamination at
OU7, the modified no action alternative
was implemented at this operable unit.
The potential routes of human exposure
to the radioactivity are limited since the
contaminated material is bound in the
asphalt and is not free to move in any
direction. None of the streets are near
surface water or groundwater resources
and the material has little potential for
erosion or leaching because the
contaminated aggregate is bound in the
asphalt matrix within the pavement cap.
Thus, the contamination in the asphalt
matrix does not pose a threat to human
health or the environment if left
undisturbed.
The City and County of Denver has
been actively managing the radium
materials for many years. This active
management served as the ICs for this
operable unit. Due to the effort,
requiring annual training for city and
utility workers and the financial
commitment, the City and County of
Denver opted to ensure long-term public
health and safety by removing the
contaminated material from these streets
in OU7. This action included the
removal of asphalt and any
contaminated road base and fill
material.
As part of the Denver Radium Streets
Program, between 2003 and 2007
Denver removed contamination from the
following properties: South Bannock
Street; 11th Avenue from Race Street to
Josephine; Marion Street from 6th
Avenue to 10th Avenue; Humboldt
Street from 7th to 9th Avenue; Lafayette
Street from 1st Avenue to 10th Avenue;
Downing Street from 7th to 10th
Avenue; 9th Avenue from Ogden to
Franklin Street; Corona Street from 7th
to 10 Avenue; Park Avenue West from
Arapahoe to California Street; York from
6th to 13th Avenue. In addition, the
Denver Streets portion of OU3, Jason
Street, was remediated in 2007. As a
result of these actions, there is no waste
left in place within Operable Unit 7, and
ICs are not required.
OU8
The initial Remedial Action at OU8
was substantially completed in
September 1998. Remedial Action at
OU8 included the following:
• Demolition of radium-contaminated
buildings;
• Excavation of radium-contaminated
soil from vicinity properties, Bannock
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Street, the storm sewer located east of
Santa Fe Drive, and the Shattuck
Chemical property;
• On-site stabilization/solidification
of the radium-contaminated soil into a
disposal cell;
• Capping of the stabilized material;
and
• Installation of monitoring wells to
evaluate the effectiveness of the remedy.
The Remedial Action at OU8 was
conducted in two phases, beginning
September 1992, and was substantially
complete in September 1998. During
Phase I approximately 67,345 tons of
building debris were disposed off site
and 8,700 cubic yards of soil were
excavated from the vicinity properties.
During this phase, approximately 200
cubic yards of asbestos containing
material were removed and disposed
under appropriate regulations.
Approximately 400 cubic yards of
radiologically contaminated material
were excavated from beneath Bannock
Street. Stabilization/solidification of the
radiologically contaminated material
began in July 1996 and was completed
in November 1997.
Approximately 65,000 loose cubic
yards of radiologically contaminated
soil excavated from Shattuck Chemical
and the vicinity properties were
stabilized/solidified on site in a disposal
cell. Capping of the stabilized material
was completed in June 1998. ICs were
implemented through a Declaration of
Covenants and Restrictions, filed with
the City and County of Denver on March
25, 1999, that restricted surface and
groundwater use.
During the excavation of
radiologically contaminated soil, oilimpacted soil also was found on site.
The materials were below the action
levels established in the ROD.
Approximately 2,000 cubic yards of oilimpacted soil were excavated from the
Shattuck Chemical Property located at
1805 South Bannock Street during
Phase 2 activities. This material was
covered and transported by truck to
Conservation Services, Inc. in Thornton,
Colorado. Bioremediation was used for
oil-impacted soil that extended beneath
the completed portion of the monolith.
A plan addressing the remaining oilcontaminated soil at OU8 was submitted
in August 1998. The bio-venting system
was approved by EPA and was installed
in September 1998.
In 1997, the storm sewer along Santa
Fe Boulevard west of the site was
remediated. During the remediation, an
in-situ form liner was installed into the
original pipe to isolate storm water
discharges to the South Platte River
from the influx of contaminated
groundwater. This liner system, while
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54787
in place, did not remedy the problem.
In 1998, the sewer remediation was
investigated by EPA and the City of
Denver and determined to be
incomplete. The City and County of
Denver installed a new sewer cutoff that
has significantly limited the amount of
potential infiltration into the sewer line
along Bannock Street. A management
plan for OU8 Bannock Street was
developed and adopted in March 1999
by the City and County of Denver to
govern all maintenance, repair, or other
construction activities at OU8 Bannock
Street.
In 1999, the EPA conducted a
discretionary five-year review of the
monolith and found deficiencies in the
cover design and the structural and
chemical integrity of the structure. EPA
concluded that it could not assure the
long-term protectiveness of this remedy.
The June 2000 amended ROD required
removal of 100,000 cubic yards of the
material and full cleanup of the site.
Groundwater quality will continue to be
monitored until performance standards
are met; therefore, the groundwater is
not part of this partial deletion.
EPA began to remove the
contaminated soil and monolith in
March 2003 to U.S. Ecology, a permitted
facility in Grandview, Idaho. Waste
shipments began on March 9, 2003. A
total of 243,872 tons of contaminated
soil and materials was removed by the
fall of 2006. The site has been verified
to be clean and restored. Clean
excavation and fill material was
backfilled into all open areas where the
contamination was removed and has
been returned to grade. The covenant
restricting surface and groundwater use
was later modified to remove the surface
use restrictions.
The Amended Declaration of
Covenants and Restrictions was filed in
2007. However, there are still elevated
levels of contaminants in groundwater
including uranium, arsenic, cadmium,
selenium, molybdenum, and gross alpha
and gross beta radioactivity. In addition
to the restrictive covenant, a restriction
notifying each well permit applicant
about the potential for contamination in
the groundwater was placed July 17,
2006 on OU8 through the Colorado
Office of the State Engineer.
OU9B
The Remedial Action at OU9B
(ROBCO Metals) was completed in three
phases, beginning in October 1995 and
completed in April 1996. During Phase
1 activities, the ROBCO Site was
prepared for the excavation, movement
and consolidation of heavy metal
contaminated soil. During Phase 2
activities, the existing ROBCO Building/
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Plant foundation was demolished and
the area of contamination outside the
Area of Consolidation was excavated.
Approximately 62,062 cubic yards of
material were excavated and/or moved
during Phase 2 of the Remedial Action.
During Phase 3 activities, the Area of
Consolidation cap was constructed, the
identification barrier was installed, and
structural fill was placed and
compacted to final design grade and
contour.
In accordance with the Home Depot
PPA, Home Depot, USEPA, and CDPHE
performed closure of the Robinson Brick
Company in a defined ‘‘shared’’ and
‘‘phased’’ manner. Home Depot
submitted a Draft O&M Plan on May 30,
1997. CDPHE and EPA approved the
O&M Plan on March 17, 1998. Based on
the O&M Plan, EPA and CDPHE will
perform biannual, off-site groundwater
monitoring and Home Depot will
perform biannual inspections of store
facilities and site utilities.
The restrictive covenant that Home
Depot recorded for OU 4/5 waste also
covers the OU 9B heavy metal
contamination. The restrictive covenant
prohibits disturbance of the Area of
Consolidation and prohibits use of
groundwater.
The Home Depot PPA requires that
any breaches of the soil cap system over
the Post-Consolidation Area of
Contamination will be reported to EPA
and CDPHE with the requirement that
new construction, remodeling and site
repair generally will not be conducted
in this area.
OU10
Remediation activities at OU10 began
in September 1988 and ended
September 22, 1989. A total of 15,021
tons of materials with depths raging
from 0 to 80 inches was removed and
was disposed off site at Envirocare of
Utah.
No extensive changes were made to
the major structures on the property,
although several small structures were
removed and not replaced at the request
of the owner. Some un-assessed
contamination required removal, but the
volumes were not large.
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Cleanup Standards
For radiological contamination, EPA
calculates risk based on area averaging
of several measurements over 100
square meters. When these calculations
are below the EPA surface standard of
less than 5 pCi/g above background and
below the subsurface standard of 15
pCi/g above background, the area is
considered safe for unlimited use and
unrestricted exposure as long as soil at
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depth with 15 pCi/g above background
remains at depth.
Operation and Maintenance
The City and County of Denver have
agreed to implement a management plan
for radium-contaminated soil remaining
in place in Denver’s rights-of-way and to
continue to enforce Denver’s zoning
ordinance and its radium fee ordinance
as ICs at private properties where
radium-contaminated soil remains in
place under supplemental standards.
The management plan and ordinances
provide ICs wherever supplemental
standards apply across the Site.
Specifically, these institutional controls
apply to waste left in place at Operable
Units 2, 3, and 4.
In addition to the Denver management
plan and ordinances, EPA has
agreements in place with owners of
other operable units whereby those
owners have agreed to manage waste left
in place and provide institutional
controls. These additional controls
include limitations on the use of
groundwater at OUs 8 and 9B. Those
operable units are described below.
OU2
Pursuant to the terms of a settlement
agreement, the current owner of the
Umatilla property, formerly DuWald
property, Atlas Umatilla, LLC, has
prepared an O&M Plan and signed and
executed an environmental covenant on
June 25, 2006. The environmental
covenant restricts disturbance of the
concrete cap and subsurface soil. In
addition, indoor air quality will be
monitored.
OU4/5 & 9B
Pursuant to the terms of the Home
Depot PPA, Home Depot prepared an
O&M Plan and placed a restrictive
covenant on OU4. The restrictive
covenant restricts future use of the areas
where wastes were left in place,
including the area of consolidation of
metal wastes and the radioactive waste
left in place under supplemental
standards. Home Depot has an amended
O&M Plan as of August 18, 2003.
Five-Year Reviews
Remedial actions which result in any
hazardous substances, pollutants, or
contaminants remaining on site will be
subject to statutory five-year reviews.
The purpose of a five-year review is to
evaluate the implementation and
performance of a remedy to ensure that
the remedy is and remains protective of
public health and the environment.
The first five-year review was
completed in September of 1993,
triggered by remedial actions at OU
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4/5. The first five-year review addressed
OU 4/5 only. The following year, a sitewide review was completed on
September 12, 1994. No modifications
or improvements to the remedy were
suggested in these first two reviews.
A discretionary five-year review,
conducted in 1999 for OU8 only,
identified concerns with the long-term
effectiveness of the on-site remedy. The
remedy was modified in 2000, and
remediation was completed in 2006.
Another site-wide five-year review
was completed in 2003. This review
identified (1) deficiencies in ICs at three
OUs and (2) new requirements for risk
assessments where waste was left in
place under supplemental standards.
ICs have since been implemented and
the risk assessments were revised. No
modifications to the selected remedies
were required.
The 2008 Five-Year Review identified
a few issues, however none of them
affected current or future protectiveness.
The review found that because the
remedial actions at all OUs are
protective, the Site is protective of
human health and the environment.
Since waste is left in place, five-year
reviews will continue indefinitely to
ensure continued protectiveness of the
remedies. The next statutory five-year
review is scheduled September 2013.
Community Involvement
EPA’s Community Relations Plan
involved the community in the decision
process for selecting all remedies for the
Denver Radium Site and promoted
communications among interested
parties throughout the duration of the
project.
Community relation’s activities
included:
• Briefing State and local officials,
public interest groups, neighborhood
associations, interested citizens, and
media representatives on the status of
the various phases of the project,
• Conducting public meetings to keep
citizens informed of the progress of the
Denver Radium Site project and to
solicit comments,
• Establishing information centers at
the Denver Public Library and the EPA’s
Denver Superfund Records Center to
make available for public review the
study reports, site air-monitoring data,
supplemental assessments, and other
Denver Radium Site information,
• Maintaining a mailing list of
interested parties and distributing
information updates to those parties
during the Remedial Action phases,
• Organizing a committee of
representatives from citizen groups,
State and local governments, EPA, DOE,
USBR, and the transportation contractor
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to provide input to the transportation
and disposal activities associated with
the Denver Radium Site,
• Informing communities along the
transportation route, through meetings
and mailings, of health and safety issues
associated with waste transportation,
• Distributing news releases to the
major news media in affected areas.
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
repositories.
Determination That the Criteria for
Partial Deletion Have Been Met
In accordance with 40 CFR
300.425(e), Region 8 of the EPA finds
that the Denver Radium Superfund Site
meets the substantive criteria for partial
NPL deletions, with the exception of
groundwater at OU8. Groundwater
contamination associated with OU8 will
remain on the NPL. EPA has consulted
with and has the concurrence of the
State of Colorado. All responsible
parties or other persons have
implemented all appropriate response
actions required. All appropriate Fundfinanced response under CERCLA has
been implemented, and no further
response action by responsible parties is
appropriate.
V. Partial Deletion Action
The EPA, with concurrence of the
State of Colorado, through the Colorado
Department of Public Health and
Environment, (in a letter dated January
2, 2008) has determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, monitoring and five-year
reviews, have been completed.
Therefore, EPA intends to delete from
the NPL each of the 11 OUs at the
Denver Radium Site. Groundwater
contamination associated with OU8 will
remain on the NPL.
These remedies ensure protection of
human health and the environment by
minimizing exposure to any radiumcontaminated or heavy metals
contaminated soil that remain within
the Denver Radium Superfund Site.
Therefore, EPA is deleting the above
properties 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 November 8,
2010 unless EPA receives adverse
comments by October 12, 2010. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final Notice of Partial Deletion
before the effective date of the partial
deletion, and it will not take effect. EPA
will prepare a response to comments
and continue with the deletion process
on the basis of the Notice of Intent for
Partial Deletion 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: August 31, 2010.
James B. Martin,
Regional Administrator, Region 8.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
■
PART 300—[AMENDED]
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.
Appendix B—[Amended]
2. Table 1 of Appendix B to part 300
is amended by revising the entry under
Colorado for ‘‘Denver Radium Site’’,
‘‘Denver’’ to read as follows:
■
Appendix B to Part 300—National
Priorities List
TABLE 1—GENERAL SUPERFUND SECTION
State
Site name
City/county
*
*
Colorado ...................................................
*
*
Denver Radium Site ................................
*
*
Denver .....................................................
*
*
*
*
*
Notes (a)
*
*
P
*
(a)
A = Based on issuance of health advisor by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be >
28.50).
*
*
*
*
*
*
*
* P = Sites with partial deletion(s).
*
*
*
*
*
ACTION:
Final rule; correction.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2010–22489 Filed 9–8–10; 8:45 am]
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
jlentini on DSKJ8SOYB1PROD with RULES
45 CFR Chapter XXV
RIN 3045–AA51
AmeriCorps National Service Program
Corporation for National and
Community Service.
AGENCY:
VerDate Mar<15>2010
16:14 Sep 08, 2010
The Corporation for National
and Community Service (the
Corporation) is correcting a final rule to
implement changes to the operation of
the National Service Trust and the
Senior Corps programs under the Serve
America Act, that appeared in the
Federal Register of August 20, 2010 (75
FR 51395). That document incorrectly
failed to redesignate part 2533 as part
2534. This document corrects the final
rule by revising the instruction.
SUMMARY:
BILLING CODE 6560–50–P
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DATES:
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Effective September 20, 2010.
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Amy Borgstrom, Docket Manager,
Corporation for National and
Community Service, (202) 606–6930,
TDD (202) 606–3472. Persons with
visual impairments may request this
document in an alternate format.
SUPPLEMENTARY INFORMATION: In FR Doc.
2010–20525, beginning on page 51395
in the Federal Register of Friday,
August 20, 2010, make the following
correction: On page 51413, in the third
column, revise instruction number 36 to
read as follows: 36. Under the authority
of 42 U.S.C. 12651d, redesignate parts
2530, 2531, 2532, and 2533 as parts
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Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54779-54789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22489]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9198-6]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List; Partial Deletion of the Denver Radium
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 is
publishing a direct final Notice of Partial Deletion of
[[Page 54780]]
the Denver Radium Superfund Site (Site). Specifically, EPA intends to
delete from the National Priorities List (NPL) each of the 11 operable
units at the Denver Radium Site, located in the City and County of
Denver, Colorado. Groundwater contamination associated with Operable
Unit 8 will remain on the NPL. The NPL, promulgated pursuant to section
105 of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances 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 Environment, because EPA has determined that all
appropriate response actions at these identified parcels under CERCLA,
other than operation, maintenance, and five-year reviews, have been
completed. However, this partial deletion does not preclude future
actions under Superfund.
This partial deletion pertains to each of the 11 operable units of
the Denver Radium Superfund Site. Groundwater contamination associated
with Operable Unit 8 will remain on the NPL and is not being considered
for deletion as part of this action.
DATES: This direct final rule is effective November 8, 2010 unless EPA
receives adverse comments by October 12, 2010. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
partial deletion in the Federal Register informing the public that the
partial deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: dalton.john@epa.gov.
Fax: (303) 312-7110 (Attention: John Dalton, Public
Affairs and Involvement)
Mail: John Dalton, Public Affairs and Involvement (8OCPI),
U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, (303)
312-6633.
Hand Delivery: U.S. EPA Region 8, 1595 Wynkoop Street,
Denver, CO. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket
All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency Region 8 Records Center, 1595
Wynkoop Street, Denver, CO 80202, Hours: M-F, 8 a.m. to 4 p.m.
Colorado Department of Public Health and Environment, 4300 Cherry Creek
Drive South, Denver, CO 80246, Hours: M-F, 8 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager (8EPR-
SR), U.S. Environmental Protection Agency Region 8, EPR-SR, 1595
Wynkoop Street, Denver, CO 80202-1129, (303) 312-6552,
thomas.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action
I. Introduction
EPA Region 8 is publishing this direct final Notice of Partial
Deletion for the Denver Radium Superfund Site (Site) from the National
Priorities List (NPL). This partial deletion pertains to each of the 11
operable units of the Denver Radium Superfund Site, with the exception
of groundwater contamination associated with Operable Unit 8. The NPL
constitutes Appendix B of 40 CFR part 300, which is the Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). This partial deletion of the
Denver Radium Superfund Site is proposed in accordance with 40 CFR
300.425(e) and is consistent with the Notice of Policy Change: Partial
Deletion of Sites Listed on the National Priorities List, 60 FR 55466
(Nov. 1, 1995). As described in Section 300.425 (e)(3) of the NCP, a
portion of a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions warrant such actions.
Because EPA considers this action to be non-controversial and
routine, this action will be effective November 8, 2010 unless EPA
receives adverse comments by October 12, 2010. Along with this direct
final Notice of Partial Deletion, EPA is co-publishing a Notice of
Intent for Partial Deletion in the ``Proposed Rules'' section of the
Federal Register. If adverse comments are received within the 30-day
public comment period on this partial deletion action, EPA will publish
a timely withdrawal of this direct final Notice of Partial Deletion
before the effective date of the partial deletion, and the partial
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 for Partial Deletion and the comments
already received. There will be no additional opportunity to comment.
[[Page 54781]]
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 Denver Radium Superfund Site
and demonstrates how portions of the Site proposed for deletion meet
the deletion criteria. Section V discusses EPA's action to partially
delete the Site from the NPL unless adverse comments are received
during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. 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. Partial Deletion Procedures
The following procedures apply to partial deletion of the 11
operable units of the Site:
(1) EPA consulted with the State of Colorado prior to developing
this direct final Notice of Partial Deletion and the Notice of Intent
for Partial Deletion co-published in the ``Proposed Rules'' section of
the Federal Register.
(2) EPA has provided the State 30 working days for review of this
notice and the parallel Notice of Intent for Partial Deletion prior to
their publication today, and the State, through the Colorado Department
of Public Health and Environment, has concurred on the partial 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 for Partial Delete is being published in a major local
newspaper, The Denver Post. The newspaper notice announces the 30-day
public comment period concerning the Notice of Intent for Partial
Deletion of the Site from the NPL.
(4) The EPA placed copies of documents supporting the partial
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If adverse comments are received within the 30-day public
comment period on this partial deletion action, 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 for Partial Deletion and the comments already
received.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 Partial Site Deletion
The following information provides EPA's rationale for deleting
from the NPL each of the 11 operable units of the Denver Radium Site,
with the exception of groundwater contamination associated with
Operable Unit 8:
Site Location
The Denver Radium Superfund Site (EPA ID: COD980716955), located in
Denver, Colorado, consists of more than 40 contaminated properties.
These properties have been grouped into 11 operable units which, except
for groundwater contamination associated with OU 8, are proposed for
deletion from the NPL. At certain locations, marked with an asterisk,
waste has been left in place. These locations will require continued
operation and maintenance to inspect the integrity of the cap and
ensure institutional controls (ICs) are functioning properly. The Site
was added to the Superfund NPL in 1983 (48 FR 40658, September 8,
1983).
------------------------------------------------------------------------
OU Property name Address
------------------------------------------------------------------------
OU1.................... B & C Metals (now 1623-1625 West 12th
Martin Shea Millworks). Ave.
OU1.................... Erickson Monuments..... 1241-1245 Quivas St.
OU1.................... Materials Handling, Inc 1740 West 13th Ave.
OU1.................... Rudd................... 1223-1229 Quivas St.
OU1.................... City/County of Denver East of B & C Metals,
Alley/Driveway. between 12th Ave. and
Erickson Monuments.
OU2*................... DuWald Steel (now Atlas 1100 Umatilla Street.
Metals & Iron).
OU2.................... Rocky Mountain Research 1020-1030 Yuma Street.
Corporation (now A1
Transmission and
Nationwide Courier).
OU2.................... G&K Services........... 999 Vallejo Street.
OU2.................... Jenkins Property....... 2191 West 10th Street.
OU2.................... Staab Property......... 2121 West 10th Street.
OU2.................... Air Conditioning, Inc.. 1001 South Tejon
Street.
OU2*................... Burlington Northern Between 10th & 11th
Railroad. Avenues.
OU2.................... Colorado DOT--Jerome 2300 West 11th Avenue.
Maintenance Yard.
OU2.................... Flame Spray, Inc....... 1900 West 12th Avenue.
OU2.................... Alpha Omega Electronics 1010 Yuma Street.
OU2.................... Capital Management 1050 Yuma Street.
Realty (now Royal
Textile).
OU2.................... Denver Water Board..... 1600 West 12th Avenue.
[[Page 54782]]
OU3.................... Creative Illumination, 1298 South Kalamath
Inc. Street.
OU3*................... Packaging Corporation 1377 South Jason
of America (PCA) (now Street.
Caraustar Custom
Packaging).
OU3.................... GT Car Shop/Aspen 1235 South Jason
Design and Street.
Manufacturing.
OU3*................... Denver right-of-way.... 1377 S. Jason Street.
OU3.................... Kwan Sang Noodle 1140 West Louisiana.
Company, formerly
Titan Labels.
OU3.................... Various tenants........ 1300 South Jason
Street.
OU3*................... Central & Sierra Between W. Louisiana &
Railroad. W. Florida Streets.
OU4*................... Robinson Brick and Tile 500 South Santa Fe
Company (ROBCO) (now Drive.
Home Depot).
OU5.................... Denver and Rio Grande Immediately East of
Western Railroad ROW. OU4.
OU6.................... Alley in City and Between Mariposa and
County of Denver right- Lipan Streets and
of-way. between 5th and 6th
Avenues.
OU6.................... Allied (General 1271 West Bayaud
Chemical). Avenue.
OU6.................... Brannan Sand and Gravel 61st Ave. and Clear
Creek.
OU6.................... Central and Sierra 2301 15th Street.
Railroad right-of-way/
Centennial Tire.
OU6.................... Denver Water Department 1190 Yuma Street.
OU6.................... Public Service Company. South Pecos St. & West
Arizona Ave.
OU6.................... Ruby Hill Park......... Jewell St. and S.
Platte River Drive.
OU6.................... Environmental Metals, 1155 West 5th Avenue.
Inc. (bldg has been
razed).
OU7.................... 9th Ave.: Ogden St. to N/A.
Cheesman Pk.
OU7.................... 11th Ave.: Josephine N/A.
St. to Cheesman Pk.
OU7.................... 23rd St.: California N/A.
St. to Lawrence St.
OU7.................... Corona: 7th Ave. to N/A.
10th Ave.
OU7.................... Downing St .: 7th Ave. N/A.
to 10th Ave.
OU7.................... Humboldt St.: 7th Ave. N/A.
to 9th Ave.
OU7.................... Lafayette St.: 1st Ave. N/A.
to 10th Ave.
OU7.................... Marion St.: 6th Ave. to N/A.
10th Ave.
OU7.................... York St.: 6th Ave. to N/A.
13th Ave.
OU8.................... S.W. Shattuck Chemical 1805 South Bannock
Company (soil). Street.
OU8*................... S.W. Shattuck Chemical 1805 South Bannock
Company (groundwater). Street.
OU9A................... International House of 2001, 2015, and 2017
Pancakes and Larry's East Colfax Avenue.
Trading Post (now
Mama's Caf[eacute],
Herbs and Art, and
Purple Haze).
OU9B*.................. Robinson Brick and Tile 500 South Santa Fe
Company (ROBCO) Metals Drive.
(now Home Depot).
OU10................... Card Corp.............. 1314 West Evans
Avenue.
OU11................... Commercial Investors 1285-1295 South Santa
Realty (formerly owned Fe Drive.
by Thomas Real Estate
Corp.) (now Murphy
Beds and a Starbucks).
------------------------------------------------------------------------
Site History
OU1
Contamination at OU1 resulted from a radium, vanadium, and uranium
processing facility at 1201 Quivas Street owned by the Pittsburgh
Radium Company (PRC) from 1925 until 1926. The Radium Ores Company,
which was associated with PRC, operated the facility until
approximately 1927. Approximately 120 tons of carnotite and 500 tons of
vanadium were processed monthly.
OU2
The contamination at Operable Unit 2 is believed to be from
activities of the Schlesinger Radium Company which began operations in
1914 where Atlas Metals & Iron (formerly DuWald Steel Corporation)
currently is located (1100 Umatilla Street). In 1917, Schlesinger
Radium Company became Radium Company of Colorado. Radium Company of
Colorado ceased operations at OU2 in 1924. Complex Ore Recovery Company
occupied the 1100 Umatilla property until 1928. It is not known whether
that company also processed radium ore.
Since 1914, at least 38 companies have operated within the operable
unit. OU2, as originally designated, included only the 1100 Umatilla
and 1020 and 1030 Yuma Street properties. The other properties were
included as subsequent investigations revealed additional
contamination.
OU3
It is believed that the vacant lot, located at 1000 South Louisiana
and owned by Packaging Corporation of America, may have been the site
of a smelter that operated in the late 19th century. This smelter may
have been turned into a radium-processing facility in the early 20th
century. The Chemical Products Company, which occupied portions of OU3
between 1918 and 1921, separated radium and vanadium from uranium ores
for the National Radium Institute. Most of the buildings associated
with radium processing were demolished prior to 1970. The exception was
a brick building located at 1298 South Kalamath Street, which was
purchased by Creative Illumination, Inc. and used for light-fixture
fabrication. The Creative Illumination, Inc. building was demolished
during remediation activities.
OU4/5
OU4 (ROBCO) was the site of a radium processing facility
established by the National Radium Institute (NRI) in 1913. The NRI
facility was created for the purpose of developing and demonstrating
the commercial feasibility of radium extraction techniques. This
facility operated on the site for approximately four years and then
closed after producing 7.5 grams of radium and successfully
demonstrating commercially feasible extraction processes. ROBCO
acquired the property in the 1940s and used it as a brick and tile-
manufacturing site until the 1980s. The radium-contaminated area of OU5
(D&RGW right-of-way) covers 1.6 acres. This property is crossed by
several rail lines and contains a network of electronic controls to
operate railway lights and switches. OU5 has been in use as a railroad
right-of-way throughout the
[[Page 54783]]
industrial and commercial use of the adjacent ROBCO property.
OU6, OU9A, OU11
Much of the radiological contamination present at OU6, OU9A and
OU11 is believed to be either the direct result of radium and uranium
processing on the property or the result of deposition of residual
wastes from other processing sites.
OU7
These properties comprise a number of city streets which were
underlain by radium-contaminated soil. Radium production from about
1914 to the mid-1920s generated large quantities of radioactive
residues in the Denver area. Radium-contaminated tailing and other
wastes were discarded or left on site when the facilities were closed.
Due to changes in ownership and use of the properties, the residues
were used as cover, fill, foundation material, and as aggregate in
concrete and asphalt mixtures.
OU8
The Shattuck property has been the location of several mineral-
processing operations since the early 1900s. The operations included
the extraction of molybdenum and vanadium from ores, processing of
``radium slimes'' for the production of radium salts and uranium
compounds, recovery of rhenium as a by-product of molybdenum
production, and for a short period of time processing of depleted
uranium. The primary site contaminants were radium, thorium, uranium,
molybdenum, arsenic, selenium, and several volatile and semi-volatile
organics. Shattuck's operations ceased in 1984.
OU9B
OU 9B-ROBCO Metals was designated to distinguish response actions
addressing metals contamination from response actions addressing the
OUs 4/5 radium contamination. In May 1988, excavation of the
radiologically contaminated soil began at OUs 4/5. In September 1988,
during the course of the radium cleanup, metals contamination was
discovered on the ROBCO property. Contaminants of concern included
arsenic, lead, and zinc. An investigation to characterize the nature
and extent of metals contamination was conducted in 1989 and 1990. This
metal contamination is believed to be from the operation of the Tabor
Smelter on this property in the 1880s and 1890s.
OU10
Contamination at OU10 was from PRC processing of vanadium between
1920 and 1924. During 1924, PRC is believed to have processed as much
as 10 tons of vanadium daily. OU1-OU11, with the exception of OU8
groundwater, are proposed for partial deletion.
Characterization of Risk
Radium and its associated decay products were the primary
contaminants of concern at the Denver Radium Site. Other contaminants
at the site were thorium, uranium, arsenic, zinc, and lead.
The elevated concentration of radium and the uncontrolled state of
contaminants at the Denver Radium Site posed a health hazard due to
three potential exposure pathways: Inhalation of radon gas and its
decay products, direct gamma radiation exposure from the decay of
radium and ingestion or inhalation of radium-contaminated materials.
Ingestion or contact with contaminated groundwater is not a principal
exposure pathway. There is no surface water on site.
Inhalation of radon decay products presents the greatest health
risk from long-term exposure. Prolonged inhalation of air with a high
concentration of radon decay products has been conclusively shown to
increase the risk of lung cancer. Dispersion quickly dilutes radon
emanating from radium-contaminated ground. The greatest risk from radon
is when it builds up in well-sealed buildings. Radon decay product
contamination in buildings (where applicable) was as much as 0.30
working levels (WL) above the EPA standard of 0.02.
Remedial Investigation and Feasibility Study
The Remedial Investigation (RI) report for the Denver Radium
Superfund Site was issued in April 1986. The Feasibility Study (FS) was
issued in September 1987. The site-wide RI focused on radium and
uranium processing residues discarded in the early 1900s. These
residues contain uranium, radium, and thorium.
A number of Remedial Action alternatives were evaluated in the
site-wide FS including: No Action; On-Site Processing with Permanent
Disposal; In-Situ Vitrification; On-Site Permanent Disposal; Off-Site
Permanent Disposal, and On-Site Temporary Containment with Off-Site
Permanent Disposal. These site-wide RI and FS reports provided the
basis for selecting remedies in most of the Records of Decision.
Separate RI/FS reports were generated for the metals contamination at
OU4 (ROBCO) and the contamination at OU8 (Shattuck).
Remedial Action Objectives
The following objectives were identified for soil across the site:
Remedial actions shall be conducted so as to provide reasonable
assurance that, as a result of residual radioactive materials from any
designated processing site:
(a) The concentration of radium-226 in land averaged over any area
of 100 square meters shall not exceed the background level by more
than--
(1) 5 pCi/g, averaged over the first 15 centimeters of soil below
the surface, and
(2) 15 pCi/g, averaged over 15-centimeter thick layers of soil more
than 15 centimeters below the surface.
Supplemental Standards: (OUs 2, 3, 4, 9B)
40 CFR Part 192 provides that under certain circumstances the
agency performing the cleanup may choose a remedial action that does
not achieve complete removal of radium contamination to the levels
described in 40 CFR Section 192.12(a). Under 40 CFR Section 192.21(c),
``supplemental standards'' can be applied when:
``The estimated cost of remedial action to satisfy 40 CFR
Section 192.12(a) at a * * * site * * * is unreasonably high
relative to the long-term benefits, and the residual radioactive
materials do not pose a clear present or future hazard. The
likelihood that buildings will be erected or that people will spend
long periods of time at such a vicinity site should be considered in
evaluating this hazard. Remedial action will generally not be
necessary where residual radioactive materials have been placed
semi-permanently in a location where site-specific factors limit
their hazard and from which they are costly or difficult to remove,
or where only minor quantities of residual radioactive materials are
involved. Examples are residual radioactive materials under hard
surface public roads and sidewalks, around public sewer lines, or in
fence post foundations.''
The following objectives were identified for buildings across the
site:
(b) In any occupied or habitable building--
(1) The objective of remedial action shall be, and reasonable
effort shall be made to achieve, an annual average (or equivalent)
radon decay product concentration (including background) not to exceed
0.02 WL. In any case, the radon decay product concentration (including
background) shall not exceed 0.03 WL, and
(2) The level of gamma radiation shall not exceed the background
level by more than 20 microroentgens per hour.
[[Page 54784]]
The following objectives were identified for groundwater:
OU8--Restoration of groundwater quality to Safe Drinking Water Act
maximum contaminant levels through monitored natural attenuation.
OU9B--No remedial action objectives were identified for groundwater
because the alluvial aquifer is not presently used as a drinking water
source and is unlikely to be used as a drinking water source due to
poor natural quality (i.e., high total dissolved solids), low yield,
and its location (i.e., in an industrial area between a major rail
corridor and an interstate highway). Groundwater protection is achieved
by controlling the source of contamination and periodic monitoring to
verify that contamination does not reach the South Platte River in
detrimental concentrations. Deed restrictions include a prohibition on
placement of any wells on the Site for the purpose of supplying
drinking water.
Selected Remedies
The RODs for OUs 1, 2, 3, 4/5, 6/9/11, and 10 each selected
excavation and off-site permanent disposal as the remedy. At the time
the RODs were signed, there were no disposal facilities in the nation
that accepted radioactive waste. For this reason, the RODs included
temporary on-site land storage of the contaminated materials with
subsequent off-site permanent disposal. Plans for on-site temporary
land storage were abandoned for all operable units, with the exception
of OU 4/5, when a permanent disposal facility opened before excavation
began. Excavated material was shipped by rail to Envirocare of Utah,
Inc., a disposal facility in Tooele County, Utah. For OU 4/5,
contaminated soil was stockpiled on the ROBCO property until the
permanent disposal facility became available and a transportation
contract was negotiated.
OU1
In the Record of Decision (ROD), dated September 1987, EPA selected
excavation and off-site disposal as the remedy for OU1. The objectives
of this remedy were to prevent: Radiation exposure due to inhalation of
radon gas and its daughter products; radiation exposure due to
inhalation and ingestion of long-lived radionuclides; and direct
exposure to gamma radiation.
OU2
In the ROD, dated September 1987, EPA selected excavation and off-
site permanent disposal as the remedy for OU2. The objectives of this
remedy were to prevent: Radiation exposure due to inhalation of radon
gas and its daughter products; radiation exposure due to inhalation and
ingestion of long-lived radionuclides; and direct exposure to gamma
radiation.
The scope of Remedial Action detailed in the ROD included:
Decontaminating the roof of the Rocky Mountain Research
Corporation building and excavating the majority of the approximately
15,400 cubic yards of contaminated material located under buildings and
in open areas on the properties, and placing the material in a
temporary on-site land storage facility,
Maintaining the 6-inch-thick concrete pad, covering
contaminated soil on the northeast part of the Atlas Metals & Iron
(formerly DuWald Steel Corporation) property,
Removing the contaminated material from the temporary
storage and containment locations to the permanent disposal facility
when such a facility became available.
In September 1993, EPA issued an Explanation of Significant
Differences (ESD) to address on-site conditions that became apparent
after the ROD was signed. The changes made to the remedy selected for
OU2 in the ROD were:
A greater volume of radium-contaminated soil was excavated
and removed.
Relatively small amounts of radium contamination were left
on the 1100 Umatilla Street property. Radium contaminated soil was left
in place in the following locations: (a) Under structures on the Du-
Wald property, (b) near the underground power line, (c) within a four
foot buffer zone around water and sewer lines, (d) below the ground
water level, and (e) on the Burlington Northern Railroad (BNRR) right-
of-way.
Institutional controls (ICs) were required where waste was
left in place.
There was no temporary on-site storage.
Soil containing commingled radium and lead was solidified
in a cement matrix prior to shipment to a permanent, off-site disposal
facility.
OU3
In the ROD, dated September 1987, EPA selected excavation and off-
site disposal as the remedy for OU3. The objectives of this remedy were
to prevent: Radiation exposure due to inhalation of radon gas and its
daughter products; radiation exposure due to inhalation and ingestion
of long-lived radionuclides; and direct exposure to gamma radiation.
In December 1993, EPA issued an ESD to address on-site conditions
that became apparent after the ROD was signed. The ESD presents the
changes that were made to the remedy selected for OU3; briefly, the
differences were:
No temporary storage prior to removal and shipment of
contaminated material to the permanent off-site disposal facility.
Over 52,000 cubic yards of contaminated soil were
excavated and the area of contamination was extended east of South
Jason Street.
As part of the remediation, the Creative Illumination
building was demolished, contaminated material was removed, and the
contaminated materials were shipped to the off-site repository.
There was no excavation of contaminated soil below
groundwater, near water lines, or under South Jason Street, Platte
River Drive and the Packaging Corporation of America building.
ICs were required where waste was left in place.
OU4/5
EPA selected excavation and off-site disposal as the remedy for
this OU in a ROD dated September 30, 1986. The objectives of this
remedy were to prevent: Radiation exposure due to inhalation of radon
gas and its daughter products; radiation exposure due to inhalation and
ingestion of long-lived radionuclides; and direct exposure to gamma
radiation. The ROD determined that the shallow alluvial aquifer is not
a drinking water source.
In December 1994, EPA issued an ESD to address on-site conditions
that became apparent after the ROD was signed. The ESD describes in
more detail the changes that were made to the remedy selected for OU4
and OU5. The remedy, as implemented, differed in two respects from the
remedy chosen in the 1986 ROD. Those differences were:
The volume of contaminated soil increased; and
Relatively small volumes of contaminated soil were left in
place below the groundwater level.
ICs were required on the OU4 property where wastes were
left in place.
OU6, OU9A, OU11
EPA selected excavation and off-site disposal as the remedy for
OU6, OU9A, and OU11 in a ROD dated September 29, 1987. The objectives
of this remedy were to prevent: Radiation exposure due to inhalation of
radon gas and its daughter products; radiation exposure due to
inhalation and ingestion of long-lived radionuclides; and direct
exposure to gamma radiation.
[[Page 54785]]
Remedial design at these operable units focused on excavation and
direct off-site disposal of radiologic waste materials.
In January 1995, EPA issued an ESD to address on-site conditions
that became apparent after the ROD was signed. The ESD describes the
changes that were made to the remedy selected for OU6, OU9A, and OU11.
Briefly, these differences include:
A relatively small volume of radium-contaminated soil was
left in place at the following locations in OU6: a) near a concrete box
culvert on the Confluence Park property; and b) under the Environmental
Materials (EMI) Building.
ICs were required on the OU6 property where wastes were
left in place. Note: Even though the 1995 ESD describes waste left in
place, all contamination was subsequently removed. ICs are not
required.
Additional properties were found to be contaminated and a
greater volume of radium-contaminated soil was excavated and placed in
a permanent off-site repository.
Soil commingled with metals contamination was shipped to
the permanent off-site disposal facility.
OU7
EPA issued a ROD for OU7 on March 24, 1986 that combined features
of the Excavation and Off-site Disposal alternative with a no action
alternative. The ROD called for leaving the contaminated material in-
place and required ICs to monitor all maintenance, repair, or
construction activities in the affected streets. Any contaminated
material excavated during these activities would be shipped off site
for disposal.
The objectives of this remedy were to prevent: Radiation exposure
due to inhalation of radon gas and its daughter products; radiation
exposure due to inhalation and ingestion of long-lived radionuclides;
and direct exposure to gamma radiation.
In September 1992, EPA issued an ESD to address on-site conditions
that became apparent after the ROD was signed. This ESD amended the
existing ROD to allow for reburial of excavated materials. The
significant difference from the original remedy allows on-site
retention and reburial of radium-contaminated material excavated during
all maintenance, repair or other construction activities. Should
maintenance, repair or other construction activities be required,
excavated radium-contaminated materials will be retained and reburied
on site if feasible, provided that the area to be excavated is not
greater than 20% of the total area of the roadway in one city block.
Special variance to the 20% limit may be granted by the CDPHE should an
unusual circumstance require such a variance. Reburied materials will
be covered with a new, hard surface, such as asphalt or concrete having
a minimum depth of 6 inches to ensure no direct exposure. If retention
and reburial are not feasible, the materials will be disposed at a
licensed, off-site disposal facility, consistent with the ROD.
OU8
The original ROD for Shattuck was signed on January 28, 1992. EPA
selected on-site soil stabilization and solidification to prevent
further degradation of groundwater and allow for natural attenuation
with monitoring for groundwater. Groundwater monitoring will be
performed to (1) monitor the effectiveness of source control measures,
and (2) monitor attenuation of the plume until it meets maximum
contaminant levels for contaminants of concern. An IC program was an
integral part of the remedy and required restrictions against
excavating into the cover and stabilized materials, prohibition of the
construction of enclosed structures on the disposal site, restrictions
against the use of groundwater, and restrictions to prevent
agricultural use of the site. In 1999, EPA conducted a discretionary
five-year-review of the Shattuck OU and found deficiencies in aspects
of the design and integrity of the on-site disposal cell. Based on
these findings, EPA could not be assured of the long-term protection of
the original remedy. In addition to the technical concerns raised by
the 1999 five-year review, the State, Denver, elected officials, and
the local community requested that EPA consider other alternatives to
the on-site remedy to allow for unrestricted use of the site.
In June 2000, after developing a proposed plan and receiving public
input, EPA selected off-site removal in a ROD Amendment. Off-site
disposal benefits included the following:
Long-term protection of human health and the environment;
Removal of potential source material for future
groundwater contamination;
Disposal of material in a permitted facility;
Unrestricted future land use; and
Monitored attenuation of the plume until it meets maximum
contaminant levels for contaminants of concern for groundwater use
remain as required in the 1992 Record of Decision.
An ESD was issued for the Shattuck Site in February 2007. The ESD was
required due to the elevated costs from the original estimate based on
the 2000 ROD. The 2000 estimate cost for the off-site removal was $29
million with a final cost of $57 million. Reasons for the increased
costs are described in the ESD.
OU9B
As discussed above, OU9B was designated when substantial metals-
contaminated soil, not commingled with radium wastes, was discovered
during implementation of the OU 4/5 remedy. At this OU, EPA selected a
remedy leaving the metals-contaminated soil on site under a protective
soil cover and implemented ICs. The objectives of the remedy were to:
Prevent direct contact with or ingestion of metals-
contaminated soil that exceeds the health-based action levels and
monitor migration of the contaminants of concern in groundwater that
could result in degradation of water quality in the South Platte River.
Cap the metals-contaminated soil, conduct environmental
monitoring to ensure the effectiveness of the Remedial Action, and
implement ICs to limit use of groundwater at the site and maintain the
integrity of the cap.
OU10
In the ROD, dated June 30, 1987, EPA selected excavation and off-
site disposal as the remedy for OU10. The objectives of this remedy
were to prevent: Radiation exposure due to inhalation of radon gas and
its daughter products; radiation exposure due to inhalation and
ingestion of long-lived radionuclides; and direct exposure to gamma
radiation.
Response Actions
OU1
Remediation activities at OU1 were conducted in three phases to
facilitate construction and to accommodate the various business
activities in the unit. Construction began on October 2, 1989 and
concluded on July 18, 1991. The quantity of material removed during
remediation was 32,665 tons.
OU2
Remedial Actions at OU2 began in August 1990 and, except for ICs,
were completed in August 1993. Activities included:
Excavation of radium-contaminated soil in open areas.
Analysis of the contaminated materials for disposal to
ensure compliance with transportation and disposal regulations.
[[Page 54786]]
Shipment of contaminated materials to the permanent off-
site disposal facility.
Confirmation sampling of excavated area.
A total of 14,211 tons of radiologic and commingled material was
excavated and shipped off site. The commingled material was stabilized
by solidification prior to off-site disposal. A Supplemental Standards
Report was prepared in May 1994 to document that 11,060 cubic yards of
radiological contaminated soil were left in place on the Burlington
Northern Railroad property and the 1100 Umatilla Street property (Atlas
Metals and Iron) at OU2.
Pursuant to the terms of an administrative settlement agreement
(November 22, 2005), the current owner of the former DuWald property,
Atlas Umatilla, LLC, has prepared and is implementing an O&M Plan and
signed and executed an environmental covenant on June 25, 2006. The
environmental covenant restricts disturbance of the concrete cap and
subsurface soil. In addition, Denver's zoning ordinance and its radium
fee ordinance provide ICs generally at properties in OU2 where radium-
contaminated soil remains in place under supplemental standards.
OU3
Remedial Actions at OU3 began in August 1989 and were completed in
September 1991. A phased approach to the cleanup allowed on-site
businesses to maintain operations throughout the excavation and
shipment of 63,672 tons of contaminated material from OU3. Activities
included:
Excavation of radium-contaminated soil in open areas;
Demolition of certain radium-contaminated buildings;
Analysis of the contaminated materials to be disposed to
ensure compliance with transportation and disposal regulations;
Shipment of contaminated materials to the permanent off-
site disposal facility; and
Confirmation sampling of excavated area.
The Creative Illumination building was demolished and 3,657 tons of
radium-contaminated materials were excavated and removed from this
location. A total of 32,389 tons of radium-contaminated soil was
excavated and removed from the Packaging Corporation of America (PCA)
property and a vacant lot owned by PCA located at 1000 West Louisiana.
Other activities included the excavation and off-site disposal of
27,626 tons of radiologically contaminated soil. Remediation of OU3 was
completed when 50 tons of radiologically contaminated soil were
excavated from the GT Car Shop and Aspen Design and Manufacturing
properties for off-site disposal.
OU4/5
Remedial Action at OU4 and OU5 included the following:
Excavation of radium-contaminated soil;
Demolition of certain radium-contaminated buildings;
Analysis of the contaminated materials to ensure
compliance with transportation and disposal regulations;
Shipment of contaminated materials to the permanent off-
site facility; and
Confirmation sampling of excavated area.
Remedial Action at OU4/5 was conducted in phases, beginning in
April 1988 and, except for ICs, completed in March 1991. A total of
57,586 tons of radiologically contaminated material was excavated
during the initial phase of the cleanup. This material was stockpiled
on site temporarily until it could be transported to the off-site
disposal facility. Approximately 1,290 tons of soil, contaminated with
elevated levels of Thorium-230, were removed during a later phase of
the project. The stockpiled material, as well as an additional 9,677
tons of contaminated material situated immediately below the stockpile,
were shipped during a later phase of the cleanup. Finally, 29,721 tons
of radiologically contaminated soil were excavated and transported by
rail in covered gondola cars to a permanent off-site disposal facility
operated by Envirocare of Utah, Inc., in Tooele County, Utah. Of this
total, 2,100 tons were contaminated with metals as well as radioactive
material. A Supplemental Standards Report, prepared in March 1994,
documented radiological contamination that remained on site at OU4.
Materials left in place are located at 500 South Santa Fe Drive
(ROBCO); and the Burlington Northern Railroad ROW immediately east of
ROBCO (OU4).
Pursuant to the terms of the Agreement and Covenant Not To Sue
(July, 1995; also called the Prospective Purchaser Agreement (Home
Depot PPA), Home Depot USA (Home Depot) placed a restrictive covenant
on OU4. The restrictive covenant restricts future use of the areas
where radiological contamination was left in place under supplemental
standards. In addition, Denver's zoning ordinance and its radium fee
ordinance provide ICs generally at properties in OU 4/5 where radium-
contaminated soil remains in place under supplemental standards. Also,
the PPA provides additional ICs for this operable unit.
OU6, OU9A, OU11
Remedial Action operations at OU6, OU9A, and OU11 included the
following:
Excavation of radium-contaminated soil;
The analysis of the contaminated materials to ensure
compliance with transportation and disposal regulations;
Shipment of contaminated materials to the permanent off-
site disposal facility; and
Confirmation sampling of excavated area.
Remediation was conducted in phases to facilitate the cleanup and
to accommodate the various business activities within these operable
units. Remediation began in March 1989 and was completed in December
1993. During the Remedial Action for OU6, OU9A, and OU11, 8,336 tons of
contaminated soil were excavated and disposed off site.
118 tons of contaminated soil were excavated from a property at
South Pecos Street and West Arizona Avenue and disposed off site. The
excavated area was backfilled with clean soil and re-vegetated. Various
properties within OU6, OU9A and OU11 also were remediated and a total
of 5,365 tons of material were excavated for off-site disposal. A total
of 2,403 tons of contaminated soil was excavated from the Environmental
Materials, Inc. (EMI) and Regional Transportation District properties.
This soil was transported by rail to the permanent disposal facility in
Utah. In 1993, during the final phase, 450 tons of contaminated soil
were excavated from the EMI property and transported by rail to the
permanent disposal facility in Utah. Even though the 1995 ESD spoke
about supplemental standards applying to OU6, all contamination was
subsequently removed, thus, institutional controls are not required.
OU7
The EPA selected remedy combines features of excavation and
disposal with the modified no action alternative. This remedy entails:
Leaving the contaminated material in place;
Improving ICs so that all routine maintenance, repair and
construction activities in the affected streets by government agencies,
utility companies, contracting companies, and private individuals will
be monitored; and
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Removing any contaminated material excavated during
routine maintenance, repair, or construction activities in the affected
streets to a facility approved for storage or disposal of contaminated
material.
Due to the location, nature, and volume of radioactive
contamination at OU7, the modified no action alternative was
implemented at this operable unit. The potential routes of human
exposure to the radioactivity are limited since the contaminated
material is bound in the asphalt and is not free to move in any
direction. None of the streets are near surface water or groundwater
resources and the material has little potential for erosion or leaching
because the contaminated aggregate is bound in the asphalt matrix
within the pavement cap. Thus, the contamination in the asphalt matrix
does not pose a threat to human health or the environment if left
undisturbed.
The City and County of Denver has been actively managing the radium
materials for many years. This active management served as the ICs for
this operable unit. Due to the effort, requiring annual training for
city and utility workers and the financial commitment, the City and
County of Denver opted to ensure long-term public health and safety by
removing the contaminated material from these streets in OU7. This
action included the removal of asphalt and any contaminated road base
and fill material.
As part of the Denver Radium Streets Program, between 2003 and 2007
Denver removed contamination from the following properties: South
Bannock Street; 11th Avenue from Race Street to Josephine; Marion
Street from 6th Avenue to 10th Avenue; Humboldt Street from 7th to 9th
Avenue; Lafayette Street from 1st Avenue to 10th Avenue; Downing Street
from 7th to 10th Avenue; 9th Avenue from Ogden to Franklin Street;
Corona Street from 7th to 10 Avenue; Park Avenue West from Arapahoe to
California Street; York from 6th to 13th Avenue. In addition, the
Denver Streets portion of OU3, Jason Street, was remediated in 2007. As
a result of these actions, there is no waste left in place within
Operable Unit 7, and ICs are not required.
OU8
The initial Remedial Action at OU8 was substantially completed in
September 1998. Remedial Action at OU8 included the following:
Demolition of radium-contaminated buildings;
Excavation of radium-contaminated soil from vicinity
properties, Bannock Street, the storm sewer located east of Santa Fe
Drive, and the Shattuck Chemical property;
On-site stabilization/solidification of the radium-
contaminated soil into a disposal cell;
Capping of the stabilized material; and
Installation of monitoring wells to evaluate the
effectiveness of the remedy.
The Remedial Action at OU8 was conducted in two phases, beginning
September 1992, and was substantially complete in September 1998.
During Phase I approximately 67,345 tons of building debris were
disposed off site and 8,700 cubic yards of soil were excavated from the
vicinity properties. During this phase, approximately 200 cubic yards
of asbestos containing material were removed and disposed under
appropriate regulations. Approximately 400 cubic yards of
radiologically contaminated material were excavated from beneath
Bannock Street. Stabilization/solidification of the radiologically
contaminated material began in July 1996 and was completed in November
1997.
Approximately 65,000 loose cubic yards of radiologically
contaminated soil excavated from Shattuck Chemical and the vicinity
properties were stabilized/solidified on site in a disposal cell.
Capping of the stabilized material was completed in June 1998. ICs were
implemented through a Declaration of Covenants and Restrictions, filed
with the City and County of Denver on March 25, 1999, that restricted
surface and groundwater use.
During the excavation of radiologically contaminated soil, oil-
impacted soil also was found on site. The materials were below the
action levels established in the ROD. Approximately 2,000 cubic yards
of oil-impacted soil were excavated from the Shattuck Chemical Property
located at 1805 South Bannock Street during Phase 2 activities. This
material was covered and transported by truck to Conservation Services,
Inc. in Thornton, Colorado. Bioremediation was used for oil-impacted
soil that extended beneath the completed portion of the monolith. A
plan addressing the remaining oil-contaminated soil at OU8 was
submitted in August 1998. The bio-venting system was approved by EPA
and was installed in September 1998.
In 1997, the storm sewer along Santa Fe Boulevard west of the site
was remediated. During the remediation, an in-situ form liner was
installed into the original pipe to isolate storm water discharges to
the South Platte River from the influx of contaminated groundwater.
This liner system, while in place, did not remedy the problem. In 1998,
the sewer remediation was investigated by EPA and the City of Denver
and determined to be incomplete. The City and County of Denver
installed a new sewer cutoff that has significantly limited the amount
of potential infiltration into the sewer line along Bannock Street. A
management plan for OU8 Bannock Street was developed and adopted in
March 1999 by the City and County of Denver to govern all maintenance,
repair, or other construction activities at OU8 Bannock Street.
In 1999, the EPA conducted a discretionary five-year review of the
monolith and found deficiencies in the cover design and the structural
and chemical integrity of the structure. EPA concluded that it could
not assure the long-term protectiveness of this remedy. The June 2000
amended ROD required removal of 100,000 cubic yards of the material and
full cleanup of the site. Groundwater quality will continue to be
monitored until performance standards are met; therefore, the
groundwater is not part of this partial deletion.
EPA began to remove the contaminated soil and monolith in March
2003 to U.S. Ecology, a permitted facility in Grandview, Idaho. Waste
shipments began on March 9, 2003. A total of 243,872 tons of
contaminated soil and materials was removed by the fall of 2006. The
site has been verified to be clean and restored. Clean excavation and
fill material was backfilled into all open areas where the
contamination was removed and has been returned to grade. The covenant
restricting surface and groundwater use was later modified to remove
the surface use restrictions.
The Amended Declaration of Covenants and Restrictions was filed in
2007. However, there are still elevated levels of contaminants in
groundwater including uranium, arsenic, cadmium, selenium, molybdenum,
and gross alpha and gross beta radioactivity. In addition to the
restrictive covenant, a restriction notifying each well permit
applicant about the potential for contamination in the groundwater was
placed July 17, 2006 on OU8 through the Colorado Office of the State
Engineer.
OU9B
The Remedial Action at OU9B (ROBCO Metals) was completed in three
phases, beginning in October 1995 and completed in April 1996. During
Phase 1 activities, the ROBCO Site was prepared for the excavation,
movement and consolidation of heavy metal contaminated soil. During
Phase 2 activities, the existing ROBCO Building/
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Plant foundation was demolished and the area of contamination outside
the Area of Consolidation was excavated. Approximately 62,062 cubic
yards of material were excavated and/or moved during Phase 2 of the
Remedial Action. During Phase 3 activities, the Area of Consolidation
cap was constructed, the identification barrier was installed, and
structural fill was placed and compacted to final design grade and
contour.
In accordance with the Home Depot PPA, Home Depot, USEPA, and CDPHE
performed closure of the Robinson Brick Company in a defined ``shared''
and ``phased'' manner. Home Depot submitted a Draft O&M Plan on May 30,
1997. CDPHE and EPA approved the O&M Plan on March 17, 1998. Based on
the O&M Plan, EPA and CDPHE will perform biannual, off-site groundwater
monitoring and Home Depot will perform biannual inspections of store
facilities and site utilities.
The restrictive covenant that Home Depot recorded for OU 4/5 waste
also covers the OU 9B heavy metal contamination. The restrictive
covenant prohibits disturbance of the Area of Consolidation and
prohibits use of groundwater.
The Home Depot PPA requires that any breaches of the soil cap
system over the Post-Consolidation Area of Contamination will be
reported to EPA and CDPHE with the requirement that new construction,
remodeling and site repair generally will not be conducted in this
area.
OU10
Remediation activities at OU10 began in September 1988 and ended
September 22, 1989. A total of 15,021 tons of materials with depths
raging from 0 to 80 inches was removed and was disposed off site at
Envirocare of Utah.
No extensive changes were made to the major structures on the
property, although several small structures were removed and not
replaced at the request of the owner. Some un-assessed contamination
required removal, but the volumes were not large.
Cleanup Standards
For radiological contamination, EPA calculates risk based on area
averaging of several measurements over 100 square meters. When these
calculations are below the EPA surface standard of less than 5 pCi/g
above background and below the subsurface standard of 15 pCi/g above
background, the area is considered safe for unlimited use and
unrestricted exposure as long as soil at depth with 15 pCi/g above
background remains at depth.
Operation and Maintenance
The City and County of Denver have agreed to implement a management
plan for radium-contaminated soil remaining in place in Denver's
rights-of-way and to continue to enforce Denver's zoning ordinance and
its radium fee ordinance as ICs at private properties where radium-
contaminated soil remains in place under supplemental standards. The
management plan and ordinances provide ICs wherever supplemental
standards apply across the Site. Specifically, these institutional
controls apply to waste left in place at Operable Units 2, 3, and 4.
In addition to the Denver management plan and ordinances, EPA has
agreements in place with owners of other operable units whereby those
owners have agreed to manage waste left in place and provide
institutional controls. These additional controls include limitations
on the use of groundwater at OUs 8 and 9B. Those operable units are
described below.
OU2
Pursuant to the terms of a settlement agreement, the current owner
of the Umatilla property, formerly DuWald property, Atlas Umatilla,
LLC, has prepared an O&M Plan and signed and executed an environmental
covenant on June 25, 2006. The environmental covenant restricts
disturbance of the concrete cap and subsurface soil. In addition,
indoor air quality will be monitored.
OU4/5 & 9B
Pursuant to the terms of the Home Depot PPA, Home Depot prepared an
O&M Plan and placed a restrictive covenant on OU4. The restrictive
covenant restricts future use of the areas where wastes were left in
place, including the area of consolidation of metal wastes and the
radioactive waste left in place under supplemental standards. Home
Depot has an amended O&M Plan as of August 18, 2003.
Five-Year Reviews
Remedial actions which result in any hazardous substances,
pollutants, or contaminants remaining on site will be subject to
statutory five-year reviews. The purpose of a five-year review is to
evaluate the implementation and performance of a remedy to ensure that
the remedy is and remains protective of public health and the
environment.
The first five-year review was completed in September of 1993,
triggered by remedial actions at OU 4/5. The first five-year review
addressed OU 4/5 only. The following year, a site-wide review was
completed on September 12, 1994. No modifications or improvements to
the remedy were suggested in these first two reviews.
A discretionary five-year review, conducted in 1999 for OU8 only,
identified concerns with the long-term effectiveness of the on-site
remedy. The remedy was modified in 2000, and remediation was completed
in 2006.
Another site-wide five-year review was completed in 2003. This
review identified (1) deficiencies in ICs at three OUs and (2) new
requirements for risk assessments where waste was left in place under
supplemental standards. ICs have since been implemented and the risk
assessments were revised. No modifications to the selected remedies
were required.
The 2008 Five-Year Review identified a few issues, however none of
them affected current or future protectiveness. The review found that
because the remedial actions at all OUs are protective, the Site is
protective of human health and the environment.
Since waste is left in place, five-year reviews will continue
indefinitely to ensure continued protectiveness of the remedies. The
next statutory five-year review is scheduled September 2013.
Community Involvement
EPA's Community Relations Plan involved the community in the
decision process for selecting all remedies for the Denver Radium Site
and promoted communications among interested parties throughout the
duration of the project.
Community relation's activities included:
Briefing State and local officials, public interest
groups, neighborhood associations, interested citizens, and media
representatives on the status of the various phases of the project,
Conducting public meetings to keep citizens informed of
the progress of the Denver Radium Site project and to solicit comments,
Establishing information centers at the Denver Public
Library and the EPA's Denver Superfund Records Center to make available
for public review the study reports, site air-monitoring data,
supplemental assessments, and other Denver Radium Site information,
Maintaining a mailing list of interested parties and
distributing i