Fear & Hope

In uranium country, life goes on despite contamination fears

By Zsombor Peter, Gallup Independent, August 3, 2007

TUBA CITY, Ariz. — Its legs bound and its fate sealed, the lone sheep lying on Shirley Charley’s wood porch took quick, sharp breaths in the early afternoon heat. Amid a network of anonymous dirt roads a half-dozen miles north east of Tuba City, only its occasional, noisy attempts at escape disturbed the tranquil scene.

In a few hours, Charley and her extended family would butcher the sheep to help fuel a long night of cattle branding. They’ve herded their livestock across this land for generations. And like the sheep lying on Charley’s porch Saturday, they’ve watered them at a well about a mile to the east for just as long.

Five weeks ago, the company that used to own the uranium mill on the other side of the nearest paved road, U.S. Highway 160, reached an agreement with the Navajo Nation to test nearby wells it may have contaminated. El Paso Natural Gas hasn’t named the wells it will test yet, so Charley can only wonder if it will include the well her family has been using all these years.

Busy with preparations for the evening’s meal, her hands already caked with flour, Charley reluctantly admits she’s worried.

“We don’t know what’s out there,” she said, staring contemplatively into a storm cloud slipping quietly across the eastern skyline.

Unfinished business
The area’s troubles began when the Rare Metals Corporation started processing uranium at the mill in 1956. Off and on for the next 10 years, it processed some 800,000 tons of ore, all of it for the federal government’s nuclear weapons program. Following the federal regulations of the time, Rare Metals dumped the damp tailings, the waste product of milling, into unlined evaporation ponds on site. Unfortunately, not all the water evaporated. Much of the water seeped into the ground, taking uranium and other contaminants in the tailings with it.

Again with federal approval, El Paso, which eventually bought Rare Metals, did some modest reclamation around the mill and packed up in 1968. It wasn’t for another two decades that the U.S. Department of Energy started cleaning up the surface contamination the companies left behind. But that did nothing to address the radioactive plume of groundwater below. The Energy Department only started cleaning that up in 2002.

According to Randy Richardson, site superintendent for SM Stoller, the company the Energy Department hired to clean up the plume, between 1 billion and 2 billions gallons of contaminated water flowed be low the mill in 2002. Five years on, the company has cleaned only 240 million of those gallons, he said, “so we’ve got a ways to go.”

Thirty-seven wells dot the site, pumping dirty water out of the ground around the clock. Distillers and softeners clean the water before the wells send most of it back. The rest ends up in a double-lined pond to bake in the sun. As the water evaporates, the contaminants get left behind. Briny mounds, holding the excess nitrates in the water, poke out of the emerald brew like little is lands in a salty sea. The uranium, which comes in much lower concentrations, is harder to see. But even a little uranium, Richardson said, “goes a long way.”

When Stoller got started, it hoped to have all the contaminants back below federal drinking limits within 20 years. Richardson has his doubts.

”If nothing changes,” he said, “it could take a little longer.”

For all the mill site’s problems, however, the Navajo Nation’s current worries lie elsewhere. According to Richardson, most of the plume from the mill, all but its southern edge, lies directly beneath the 145 acres the company has fenced off, out of the way of any public wells. What troubles the tribe most these days is the waste Rare Metals allegedly dumped off the site illegally.

Unfinished business
The area’s troubles began when the Rare Metals Corporation started processing uranium at the mill in 1956. Off and on for the next 10 years, it processed some 800,000 tons of ore, all of it for the federal government’s nuclear weapons program. Following the federal regulations of the time, Rare Metals dumped the damp tailings, the waste product of milling, into unlined evaporation ponds on site. Unfortunately, not all the water evaporated. Much of the water seeped into the ground, taking uranium and other contaminants in the tailings with it.

Again with federal approval, El Paso, which eventually bought Rare Metals, did some modest reclamation around the mill and packed up in 1968. It wasn’t for another two decades that the U.S. Department of Energy started cleaning up the surface contamination the companies left behind. But that did nothing to address the radioactive plume of groundwater below. The Energy Department only started cleaning that up in 2002.

According to Randy Richardson, site superintendent for SM Stoller, the company the Energy Department hired to clean up the plume, between 1 billion and 2 billions gallons of contaminated water flowed be low the mill in 2002. Five years on, the company has cleaned only 240 million of those gallons, he said, “so we’ve got a ways to go.”

Thirty-seven wells dot the site, pumping dirty water out of the ground around the clock. Distillers and softeners clean the water before the wells send most of it back. The rest ends up in a double-lined pond to bake in the sun. As the water evaporates, the contaminants get left behind. Briny mounds, holding the excess nitrates in the water, poke out of the emerald brew like little is lands in a salty sea. The uranium, which comes in much lower concentrations, is harder to see. But even a little uranium, Richardson said, “goes a long way.”

When Stoller got started, it hoped to have all the contaminants back below federal drinking limits within 20 years. Richardson has his doubts.

”If nothing changes,” he said, “it could take a little longer.”

For all the mill site’s problems, however, the Navajo Nation’s current worries lie elsewhere. According to Richardson, most of the plume from the mill, all but its southern edge, lies directly beneath the 145 acres the company has fenced off, out of the way of any public wells. What troubles the tribe most these days is the waste Rare Metals allegedly dumped off the site illegally.

Out of bounds
Mavis Saganitso, Charley’s mother, grew up where her daughter’s trailer sits today. She remembers back to the 1960s when Rare Metals crews used to show up with big black barrels and bury them. She can still pick out the spot from Charley’s porch by looking for the dusty patch a few hundred yards off where the native shrubbery has never quite filled back in.

”They didn’t say it was harmful,” she said. “They told us not to worry about it. Later on we found out it was hot.”

They still don’t know exactly what is — or was — in the barrels.

“They don’t tell us nothing,” Charley said.

The Navajo Nation claims Rare Metals illegally dumped some waste from the mill there, and at an old communal landfill on the other side of U.S. 160 halfway to Tuba City. And just as with the tailings at the mill, it believes that waste is leaking contaminants into the groundwater below, threatening nearby wells.

Bill Walker, a private geologist on the tribe’s payroll, says he’s linked the waste at the dumps to the mill with the help of some telltale chemicals Rare Metals used in the milling process. He’s found the same chemicals in the dumps. He’s also found a plume of contaminated water beneath the old landfill, but is still working on linking the two.

The U.S. Environmental Protection Agency, which could bring its considerable weight to bear of El Paso if convinced, is playing it safe. It’s neither denying nor confirming any connection between the mill and dump sites.

El Paso, meanwhile, is admitting nothing. But with the Navajo Nation threatening to sue, it has agreed to take some modest steps.

Let’s make a deal
El Paso signed off on a “cooperative agreement” with the tribe June 25. Before getting into what the tribe and company agree to, though, it makes clear what they don’t: Neither gives up its claims to what Rare Metals did or did not do during its operation of the mill.

That said, El Paso agreed to investigate the 5 acre dump site by Charley’s home for surface contamination, fence off the “affected area,” and apply a spray-on polymer to keep the soil from blowing away.

It also agreed to test all “potentially affected” wells and springs around the dump and mill for contamination. If it finds levels above government limits, it will take “reasonable measures ... to reduce risk,” including the provision of an alternative water supply.

El Paso spokesman Richard Wheatley said the company was still identifying the wells and springs it will test.

”I think we’re talking under 100 here,” said David Taylor, the Navajo Nation’s lead attorney on uranium matters. “Whether we’re talking about 50 or 25 I can’t say at this point.”

El Paso agreed to reimburse the Navajo Nation for any costs it incurs conducting its own investigation and cleanup of the sites as well, up to $350,000.

And lest anyone forget about the federal government, El Paso and the tribe agreed to work together in convincing the U.S. Department of Energy to chip in. Specifically, they want Congress to amend the Uranium Mill Tailings Radiation Control Act so that the Energy Department can start spending its own money cleaning up the dump sites.

The last time the tribe appealed to the Energy Department, Land and Site Management Director Donna Bergman-Tabbert turned it down. Because the tribe failed to raise its concerns about the dump sites before UMTRCA expired in 1998, she wrote Navajo Nation President Joe Shirley Jr. in 2004, they failed to qualify.

Taylor thinks they have a better chance this time. Although the agreement requires El Paso and the tribe to team up for only 60 consecutive congressional work days — the clock started ticking June 25 — they expect federal lawmakers to take up another UMTRCA site near Moab, Utah, soon. If Congress starts talking about Moab, they hope it won’t mind taking another look at Tuba City as well.

”You strike when the iron’s hot, and we hope the iron is not in these 60 days,” said Taylor.

El Paso says the Energy Department still bears some responsibility for the mill and its waste. After all, every pound of yellowcake the mill ever produced went to feed the country’s Cold War nuclear arsenal.

”It was done for the benefit of the federal government,” Wheatley said.

Whether Rare Metals dumped contaminated waste off site for the benefit of the federal government as well is a matter for the courts. El Paso sued the Energy Department insisting it take responsibility for the dump sites in May. The government has yet to file a formal response.

Only the beginning
For everything El Paso has agreed to do, Taylor said will only be scratching the surface.

“This is not a cleanup in any sense agreement; this is an emergency response type agreement,” he said. “They’re important early steps that need to be taken.”

The tribe and its researchers haven’t detected any contamination levels above federal limits in area wells yet. But if the underground plumes of contaminated water aren’t checked, they say, that could change.

Per its agreement with the Navajo Nation, El Paso need only provide an alternative water supply. Actually cleaning up any plumes would cost millions. Walker said animals may already be feeding on plants soaking them up.

”So any of those animals that were slaughtered could get contaminants into the body,” he said.

As for the plume beneath the old landfill, Walker is already convinced it’s moving toward wells that serve the Hopi villages of Upper and Lower Moenkopi. If it sinks deep enough, he added, it could even contaminate the aquifer serving Tuba City. But because 90 percent of the landfill sits on Hopi land, Taylor said the tribe’s agreement with El Paso doesn’t even address it.

Rosemary Williams, who lives about a mile southwest of her sister Charley’s home, has her doubts about just how dangerous the area is.

Her husband, Daniel, laughs it off: “Our Hopi friends joke with us. They say, ‘You glow in the dark.’”
Still, if there’s more contaminated land and water out there, they want it taken care of.

“Our cattle graze here. Our sheep graze here. We live off of the land,” Rosemary Williams said. “I just want them to clean it up.”


        


Reprinted as an historical reference document under the Fair Use doctrine of international copyright law. http://www4.law.cornell.edu/uscode/17/107.html