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<br />"':,,':',~L' ].}I!luUI 1;)'11 Ut'li Ut. lillltt IiUUN:!tL <br /> <br />. t 000138 <br /> <br />o <br />'rEI..:505 845 b9IJ <br /> <br />P.OO. <br /> <br />DISPOSITION OF, DESIGNATED PROCESSING SITES <br /> <br />In perfonning surface remedial action at designated processing sites under the <br />Uranium Mill Tailings Radiation Control Act, the State of Colorado (State) has acqu!:.::d <br />processing sites at the direction of the U.S. Department of Energy (DOE). At nine of <br />these sites, tailings have been relocated to pennanent disposal sites located either outside <br />the boundaries of the processing site or on just a portion of the processing site. <br /> <br />~ <br /> <br />To allow~e remediated processing sites to be put to beneficuu use as quickly as <br />possible, while still being protective of human health and the environment, DOE will <br />approve the disposition of the processing sites in accordance with the statutory <br />requirements of 42 U.S.C. ~ 7914(e)(I) prior to the processing sites being certified to <br />meet the groundwater standards promulgated by the U.S, Environmental Protection <br />Agency (EPA) at 60 Fed. Reg. 2854 (January 11, 1995). DOE will also approve the <br />transfer of a processing site to a local government prior to U.S. Nuclear Regulatory <br />Commission (NRC) concurrence of the certification of the site if the State agrees to <br />accept financial responsibility for any costs associated with the disruption of any <br />improvements on the site should DOE be required by NRC to perfonn further surface <br />remedial action. The State may choose to pass this acceptance of financial responsibility <br />to the local government which is receiving title to the site. <br /> <br />DOE's approval is contingent upon the State submitting documentation <br />demonstrating that all of the following requirements are met: <br /> <br />1. The proposed plans for the site will not further aggravate any groundwater <br />contamination at the processing site, or impede or interfere with any' groundwater <br />compliance strategy which may be chosen by DOE. <br /> <br />2. The state retains a sufficient interest in the land, and includes the U.S. Department <br />of Energy as a third party beneficiary of such interest, to ensure that: <br /> <br />(a) No habitable structures will be constructed on those portions of the <br />processing site at which residual radioactive material was left behind, or <br />areas which could present a potential health risk if a habitable structure was <br />constructed, unless suitable engineering controls (such as a radon vent <br />system) are included on the property and approved by DOE. <br /> <br />(b) The state and DOE have complete access to the site to perfonn any <br />groundwater compliance activities deemed necessary by DOE_ <br />