The Navajo Nation Environmental Protection Agency (NNEPA) Superfund Program and

Community Involvement

Presented By:Freida S. White, Environmental Program Supervisor

NNEPA Superfund

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Navajo Nation Organization

Executive Branch: President’s/Vice-President’s Office, Attorney General’s Office – Department of Justice, NNEPA, Public Safety Division, Finance Division, Health Division, Education Division, Human Resources Division, Natural Resource Division, etc.Judicial Branch: Office of Chief Justice, Supreme Court, Judicial Courts, etc. Legislative Branch: Office of the Speaker and Council Delegates, Auditor General’s Office, Legislative Counsel’s Office, etc. Local Chapters – 110: Local Governance in Communities

NNEPA OrganizationADMINISTRATION CRIMINAL ENFORCEMENT DEPARTMENTAIR & TOXICS DEPARTMENTWASTE REGULATORY & COMPLIANCE DEPARTMENTSURFACE GROUNDWATER PROTECTION DEPARTMENT

NNEPA Mission Statement: With respect for Diné values: "to protect, preserve, enhance public health, welfare and the environment", for the present & future generations by developing, implementing, and enforcing strong environmental laws; to foster public aware- ness and cooperation through education and motivation.

The Navajo Environmental Protection Commission was established in 1972 and in 1995 became the NNEPA through legislation.

NNEPA SUPERFUND PROGRAM (NSP) STAFF(under the Waste Regulatory & Compliance Department)

Full-Time NSP Staff:Environmental Program Supervisor (1 FTE)

Support Staff (4 FTEs: Sr. Office Specialist, Accounting Clerk, Geographic Info. Specialist, Sr. Public Information Officer - vacant)Technical Staff (4 FTEs: Health Physicist, Chemist - on est. 1 yr Military Leave, 1 Sr. Environmental Engineer, 1 Sr. Environmental Specialist - vacant)

Full-time Assistance (Non-NSP Staff):U.S. EPA IPAs (2 FTEs: 1 Attorney - started 3/14/11 under NNDOJ, 1 Environmental Scientist - started 4 Yr Term from 1/18/09)

Part-time Assistance (Other Department & Division Assistance):NNDOJ Attorney (1 FTE: assists with case enforcements)

NNEPA Radon Program Staff (2 FTEs: assist with CSP tasks)

Contract Attorney (1FTE: assist with legal review of developed documents)

Community Involvement

Notification & Scheduling with Chapter officials1) Request for Appearance at Planning Meeting2) Attend Planning Meeting to Give Synopsis of Presentation Followed

by Approval to Present at Regular Community Chapter Meeting3) Give presentation at Community Chapter Meeting4) Repeat Process as Needed

Work with affected local residents to obtain Access Agreements and/or meet at family homesReceive requests from local residentsWork with grassroots organizationsConduct Annual Stakeholder Meetings

Navajo Nation Response Program:Development - Laws, Regulations, Policies, Accomplishments:

NNCERCLA Law enacted 3/10/08 (includes petroleum as a hazardous substance, allows cultural as well as natural resource damage claims, and used successfully to enforce RP to characterize a site)

Status: 1) Completed the legislated Fund Management Plan (Received 1.2 M from Tronox Settlement) 2) Completed Proposal to collect Tariff for Hazardous Substance Fund (Partial settlement

agreement near completion following negotiations with stakeholders (representatives of Oil and Gas Industries who have challenged the NNCERCLA and its Tariff )

3) Completed the GAP Policy (prevents duplication of services)4) Completed the Release Reporting Regulations to undergo Rulemaking5) Completed MOU for EPCRA responsibilities and established NSP’s Public Record6) Voluntary Cleanup Regulations near completion Oversight of all projects (ongoing with drafting of Oversight Manual )

Inventory & Identification of Potential Brownfields Sites (ongoing with outreach to Chapters for listing, 6 contacted and 104 to be contacted)

1) Completed remediation of 19 Sheep Dip Vats under Pilot Study2) Old Church Rock Mine site characterized by RP3) Pinon site targeted brownfields assessment completedGOAL: Capacity Building from Pre-remedial to Remedial ActivitiesPartners: USEPA Region 9, Contractors, NN Departments & Programs

Abandoned Uranium Mines (AUMs):

In the 1940’s, widespread mining and milling of uranium ore on the Navajo Nation for national defense and energy purposes led to a legacy of abandoned uranium mines.The Navajo Nation brought these concerns to national attention: 1) At a Congressional hearing involving U.S. EPA, U.S. DOE and U.S.

DOI – Bureau of Indian Affairs on November 4, 1993. 2) In October 2007, EPA testified at a House Oversight and

Government Reform Committee hearing, followed by a meeting with select committee members to identify and respond to current issues raised by the Navajo Nation.

Result: In June 2008, EPA and several other Federal agencies developed a Five Year Action Plan to address and cleanup the legacy of AUM issues.

Contaminated Structures Project (CSP)

Goal: Complete 500 structures (At least 100 per region/year from CY2008 -CY 2012, homes within ¼ mile of mine sites, homes in area where two field radiological scans were conducted, and listed homes constructed with mine waste per homeowner’s information)

Status: Completed 844 Structures (199 by USEPA in 2008, 576 by NSP in 2009-2010, and 69 by NSP in 2011 with more to be completed in 2011 and 2012)

Additionally Completed: 1) Soil Removal -10 residential yards2) Demolition - 34 structures 3) Replacements - 17 Homes Plan: Demolition of 12 residential properties and 8 yards or debri i.e. rocks

Goal: 1) Complete 520 Mine Screens by end of CY2011,2) Prioritize to cleanup AUMs with highest risks

Status:452 mine screens werecompleted with balance of 68 to occur in November 2011

AUM Screens

Priority AUMs

Northeast Churchrock (NECR) Mine Site:Highest prioritized site, largest underground Uranium Mine in CountryInvestigation in 2006 – 2008Responsible Party (RP) involved Completed 1 structure, 4 yards, and step-out area removals Completed EECARemoved 100,000 yd3 of Soil

Quivera Mine Site:Adjacent to NECRRP performed characterizationSoil removal will be planned and disposal is to be discussed

Priority AUMs Continued

Skyline Mine Site:Removal assessment occurred by May 2009Multiple community workshops in 2010 were completedContaminated soil placed in Interim Repository atop mesaRemoval action initiated in March 2011 and is completed Estimated cost of 7.8 M

Mariano Lake Mine Site:Screening and assessments were completedRP had been determined and made responsibleRP is characterizing the extent of contamination

Priority AUMs Continued

Next Steps:Address Tronox-related AUMs:1) 2 Transfer Stations2) 1 area of the Cove mine sites,

Non-Tronox AUMs:1) Section 322) Section 33(Prioritization is occurring)

AUM Related ProjectsWATER PROJECT:

30% of Navajo families haul water Unregulated water sources can exceed uranium, arsenic, and other standards241 unregulated water sources were tested between 2006-201029 sources exceeded drinking water standards for uranium or radionuclidesResidents were notified of contaminated sources and postings of same were put on wellsOutreach and education of contaminated water sources were completed In 2009 – 2010, EPA, IHS, HUD committed 22 M for water infrastructure:1) Waterlines were constructed to provide regulated water sources to over 300

homes2) The Pilot water hauling program was initiated by the Navajo Water

Department and will serve up to 3,000 homes.TUBA CITY OPEN DUMP:

Received waste from 1940 – 1997EPA signed enforcement agreement in 2010 with BIA, lead federal agency responsible for site closure, requiring investigation and evaluation of feasible cleanup options.

Issues and Lessons Learned

Delayed Response to Uranium Legacy IssueCommunity Involvement including assignment of a local Technical Expert from inception of projects is required. Timely communication and scheduling with the responsible program is critical to completing tasks.Sites in community are currently being addressed, after 3-4 years following submitted screens.With NSP’s ongoing development while encountering an overwhelming AUM work load, USEPA changed their staff. Institutional Controls are not accepted by Navajo as it counters the NN Fundamental Law. Need resources to extend the 5 year plan and IPAs