Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 54779 

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. 

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 

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).) 

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 Control strategy and regulations: 

Ozone. 

* * * * * 

(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 

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 


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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. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://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 http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http://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 http:// 

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. 


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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 

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 

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 Martin Shea Millworks) ............................. 1623–1625 West 12th 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 Alley/Driveway ..................................... East of B & C Metals, between 12th Ave. and Erickson 

Monuments. 

OU2* .................. DuWald Steel (now Atlas Metals & Iron) ................................. 1100 Umatilla Street. 

OU2 .................... Rocky Mountain Research Corporation (now A1 Transmission and Nationwide Courier).1020–1030 Yuma Street. 

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 Railroad ................................................... Between 10th & 11th Avenues. 

OU2 .................... Colorado DOT—Jerome Maintenance Yard ............................ 2300 West 11th Avenue. 

OU2 .................... Flame Spray, Inc ...................................................................... 1900 West 12th Avenue. 

OU2 .................... Alpha Omega Electronics ........................................................ 1010 Yuma Street. 

OU2 .................... Capital Management Realty (now Royal Textile) .................... 1050 Yuma Street. 

OU2 .................... Denver Water Board ................................................................ 1600 West 12th Avenue.


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OU Property name Address 

OU3 .................... Creative Illumination, Inc .......................................................... 1298 South Kalamath Street. 

OU3* .................. Packaging Corporation of America (PCA) (now Caraustar 

Custom Packaging).

1377 South Jason Street. 

OU3 .................... GT Car Shop/Aspen Design and Manufacturing ..................... 1235 South Jason Street. 

OU3* .................. Denver right-of-way .................................................................. 1377 S. Jason Street. 

OU3 .................... Kwan Sang Noodle Company, formerly Titan Labels ............. 1140 West Louisiana. 

OU3 .................... Various tenants ........................................................................ 1300 South Jason Street. 

OU3* .................. Central & Sierra Railroad ......................................................... Between W. Louisiana & W. Florida Streets. 

OU4* .................. Robinson Brick and Tile Company (ROBCO) (now Home 

Depot).

500 South Santa Fe Drive. 

OU5 .................... Denver and Rio Grande Western Railroad ROW .................... Immediately East of OU4. 

OU6 .................... Alley in City and County of Denver right-of-way ..................... Between Mariposa and Lipan Streets and between 5th and 

6th Avenues. 

OU6 .................... Allied (General Chemical) ........................................................ 1271 West Bayaud Avenue. 

OU6 .................... Brannan Sand and Gravel ....................................................... 61st Ave. and Clear Creek.

OU6 .................... Central and Sierra Railroad right-of-way/Centennial Tire ........ 2301 15th Street. 

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, Inc. (bldg has been razed) .................. 1155 West 5th Avenue. 

OU7 .................... 9th Ave.: Ogden St. to Cheesman Pk ..................................... N/A. 

OU7 .................... 11th Ave.: Josephine St. to Cheesman Pk .............................. N/A. 

OU7 .................... 23rd St.: California St. to Lawrence St .................................... N/A. 

OU7 .................... Corona: 7th Ave. to 10th Ave .................................................. N/A. 

OU7 .................... Downing St .: 7th Ave. to 10th Ave ......................................... N/A. 

OU7 .................... Humboldt St.: 7th Ave. to 9th Ave ........................................... N/A. 

OU7 .................... Lafayette St.: 1st Ave. to 10th Ave .......................................... N/A. 

OU7 .................... Marion St.: 6th Ave. to 10th Ave ............................................. N/A. 

OU7 .................... York St.: 6th Ave. to 13th Ave ................................................. N/A. 

OU8 .................... S.W. Shattuck Chemical Company (soil) ................................. 1805 South Bannock Street. 

OU8* .................. S.W. Shattuck Chemical Company (groundwater) .................. 1805 South Bannock Street. 

OU9A ................. International House of Pancakes and Larry’s Trading Post 

(now Mama’s Cafe ́, Herbs and Art, and Purple Haze).

2001, 2015, and 2017 East Colfax Avenue. 

OU9B* ................ Robinson Brick and Tile Company (ROBCO) Metals (now 

Home Depot).

500 South Santa Fe Drive. 

OU10 .................. Card Corp ................................................................................. 1314 West Evans Avenue. 

OU11 .................. Commercial Investors Realty (formerly owned by Thomas 

Real Estate Corp.) (now Murphy Beds and a Starbucks).

1285–1295 South Santa Fe Drive. 

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 


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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. 

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 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 

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 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. 

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 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 

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 

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. 

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. 

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 

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, 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 

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 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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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 54789 

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 Notes (a) 

*******

Colorado ................................................... Denver Radium Site ................................ Denver ..................................................... 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). 

* * * * * 

[FR Doc. 2010–22489 Filed 9–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Chapter XXV 

RIN 3045–AA51 

AmeriCorps National Service Program 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule; correction. 

SUMMARY: 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. 

DATES: Effective September 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

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 


jlentini on DSKJ8SOYB1PROD with RULES