DRC-2023-000310 - 0901a06881155935

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
Ref: SENF-IO
January 4, 2023
Mr. Doug Hansen, Director Division of Waste Management
and Radiation Control
1595 Wynkoop Street
Denver, CO 80202-1129
Phone [phone]
www.epa.gov/region8
RECEIVED
By Division of Waste Management and Radiation Control at 3:23 pm, Jan 05, 2023
Utah Department of Environmental Quality
P.O. Box 144880 Salt Lake City, Utah 84114-4880
Re: White Mesa Mill -CERCLA Off-Site Rule (OSR) Follow-up
Dear Mr. Hansen:
I am writing to follow up on our recent discussion regarding the U.S. Environmental Protection Agency's interest in, and authorities related to, the White Mesa Mill.
The CERCLA Off-Site Rule
The CERCLA OSR implements the requirements of CERCLA section 121(d)(3), which requires that in
the case of any CERCLA removal or remedial action involving the off-site transfer of any hazardous substance, pollutant, or contaminant, that transfer may only occur if the facility is operating in
compliance with all applicable federal and state requirements. 42 USC § 9621 (d)(3). The goal of the OSR is to avoid the creation of new CERCLA sites, which is possible when CERCLA wastes are transferred to improperly permitted or managed facilities. 58 Fed. Reg. 49201 (Sep. 22, 1993). The
criteria for a facility's acceptability to receive CERCLA wastes are that no environmentally significant release of hazardous substances has occurred at the facility unless the release is controlled by an
enforceable agreement for corrective action under an applicable federal or state authority, and that there are no relevant violations at, or affecting, the unit or units receiving the CERCLA wastes. 40 CFR §300.440(6 ).
The OSR gives the EPA broad authority to undertake any inspections, data collection, and/or
assessments necessary to make an acceptability determination for facilities receiving CERCLA waste. 40 CFR § 300.440(c)(3). The OSR also gives the EPA authority to evaluate all initial findings of violations or releases to determine if they are relevant. 58 Fed. Reg. at 49206. While the OSR
encourages substantial consultation with the state in which the off-site facility is located, it recognizes that there are instances in which the EPA must act independently, and it leaves the final decision of off­
site acceptability with the EPA. Id. at 49206. The EPA is authorized under the OSR to make an independent assessment of a facility's status. Id. at 49207.
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