The Navajo Nation Environmental Protection Agency (NNEPA) Superfund Program and Community Involvement
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1 The Navajo Nation Environmental Protection Agency (NNEPA) Superfund Program and Community Involvement Presented By: Freida S. White, Environmental Program Supervisor NNEPA Superfund
2 Insert Slide Title Insert bullets 1
3 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
4 NNEPA Organization ADMINISTRATION CRIMINAL ENFORCEMENT DEPARTMENT AIR & TOXICS DEPARTMENT WASTE REGULATORY & COMPLIANCE DEPARTMENT SURFACE 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.
5 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)
6 Community Involvement Notification & Scheduling with Chapter officials 1) Request for Appearance at Planning Meeting 2) Attend Planning Meeting to Give Synopsis of Presentation Followed by Approval to Present at Regular Community Chapter Meeting 3) Give presentation at Community Chapter Meeting 4) Repeat Process as Needed Work with affected local residents to obtain Access Agreements and/or meet at family homes Receive requests from local residents Work with grassroots organizations Conduct Annual Stakeholder Meetings
7 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 Rulemaking 5) Completed MOU for EPCRA responsibilities and established NSP s Public Record 6) 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 Study 2) Old Church Rock Mine site characterized by RP 3) Pinon site targeted brownfields assessment completed GOAL: Capacity Building from Pre-remedial to Remedial Activities Partners: USEPA Region 9, Contractors, NN Departments & Programs
8 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, ) 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.
9 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 , and 69 by NSP in 2011 with more to be completed in 2011 and 2012) Additionally Completed: 1) Soil Removal -10 residential yards 2) Demolition - 34 structures 3) Replacements - 17 Homes Plan: Demolition of 12 residential properties and 8 yards or debri i.e. rocks
10 AUM Screens Goal: 1) Complete 520 Mine Screens by end of CY2011, 2) Prioritize to cleanup AUMs with highest risks Status: 452 mine screens were completed with balance of 68 to occur in November 2011
11 Priority AUMs Northeast Churchrock (NECR) Mine Site: Highest prioritized site, largest underground Uranium Mine in Country Investigation in Responsible Party (RP) involved Completed 1 structure, 4 yards, and step-out area removals Completed EECA Removed 100,000 yd 3 of Soil Quivera Mine Site: Adjacent to NECR RP performed characterization Soil removal will be planned and disposal is to be discussed
12 Priority AUMs Continued Skyline Mine Site: Removal assessment occurred by May 2009 Multiple community workshops in 2010 were completed Contaminated soil placed in Interim Repository atop mesa Removal action initiated in March 2011 and is completed Estimated cost of 7.8 M Mariano Lake Mine Site: Screening and assessments were completed RP had been determined and made responsible RP is characterizing the extent of contamination
13 Priority AUMs Continued Next Steps: Address Tronox-related AUMs: 1) 2 Transfer Stations 2) 1 area of the Cove mine sites, Non-Tronox AUMs: 1) Section 32 2) Section 33 (Prioritization is occurring)
14 WATER PROJECT: AUM Related Projects 30% of Navajo families haul water Unregulated water sources can exceed uranium, arsenic, and other standards 241 unregulated water sources were tested between sources exceeded drinking water standards for uranium or radionuclides Residents were notified of contaminated sources and postings of same were put on wells Outreach and education of contaminated water sources were completed In , EPA, IHS, HUD committed 22 M for water infrastructure: 1) Waterlines were constructed to provide regulated water sources to over 300 homes 2) 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 EPA signed enforcement agreement in 2010 with BIA, lead federal agency responsible for site closure, requiring investigation and evaluation of feasible cleanup options.
15 Issues and Lessons Learned Delayed Response to Uranium Legacy Issue Community 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
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