Questa Checks into Superfund: Los Alamos Study Group Letter
Recently the Questa Village government  has been trying to cope with backyard junk but it appears as if they have a worse problem, according to the notice below. We’re shocked, shocked to hear that Mother Moly has been emitting toxic substances into the environment. The Taos County Commissioners, by the way, passed up an opportunity to monitor the public welfare in Questa. See the R3G website: www.r3group.org for ongoing updates. Here’s the first page or so of a letter from the:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 6
SPECIAL NOTICE LETTER
URGENT LEGAL MATTER
PROMPT REPLY NECESSARY
SENT VIA UPS OVERNIGHT
Mark G. Premo
President and Chief Executive Officer
Chevron Mining, Inc.
116 Inverness Drive East, Suite 207
Englewood, CO 80112
1445 ROSS AVENUE, SUITE 1200
DALLAS TX 75202-2733
Re: Special Notice of Potential Liability and Draft Consent Decree
Molycorp, Inc., Superfund Site
Near the Village of Questa, Taos County, New Mexico
Dear Mr. Premo:
This is to invite Chevron Mining, Inc. (CMI) to enter into negotiations with the U.S. Environmental Protection Agency (EPA) to settle its liability and to pay for or perform the cleanup of the Molycorp, Inc., Superfund Site (Site) near the Village of Questa, Taos County, New Mexico. The EPA determined a release of hazardous substances occurred at the Site and identified CMI as the current owner and operator of the facility. Based on the status ofCMI as current owner and operator, CMI is a Potentially Responsible Party (PRP) under Section 107(a) ofthe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), 42 U.S.C. § 9607(a) with respect to the Site.
The EPA issued CMI’s predecessor, Molycorp, Inc., a Special Notice Letter for the Remedial Investigation and Feasibility Study (RIfFS) on November 6, 2000. In the letter, the EPA notified Molycorp, Inc., of its potential responsibility under Section 107(a) of CERCLA for the cleanup of the Site, including all past costs incurred by the EPA in responding to releases at the Site. The EPA signed an agreement on September 27,2001, with Molycorp, Inc., to conduct the RIfFS. CMI submitted the final FS report on November 16,2010, and the EPA and the State of New Mexico approved the report on November 24, 2011. The EPA is now contacting CMI to offer the company an opportunity to enter into negotiations to pay for or to perform the selected response and resolve CMI’s liability for the Site.
Background
The Site is located near the Village of Questa in Taos County, New Mexico and consists of an operating underground molybdenum mining facility, and tailing disposal impoundments owned and operated by CMI. Mining practices have resulted in the release or threatened release of hazardous substances, pollutants, or contaminants.
The mine and milling facility are located along New Mexico Route 38 (NM-38), east of the Village of Questa. The mine site includes a historic open pit and nine massive waste rock piles. Other contaminated areas of the Site include the Red River and its riparian corridor, Eagle Rock Lake, and a residential and agricultural area south of the tailing facility where past tailing disposal practices resulted in contamination of soil and ground water which has migrated beyond the mine site or tailing facility boundary. A tailings pipeline closely follows NM-38 and the Red River from the milling facility to the tailings facility.
The federal and state natural resource trustee agencies involved with the Site are the U.S. Department of Agriculture, the U.S. Department of Interior, and the State of New Mexico Office of the Natural Resources Trustee.
Opportunity to Negotiate
On behalf of the EPA, I am offering you this opportunity to enter into negotiations because the EPA believes CMI may be responsible for the cleanup of the Site under the Superfund Law. I have enclosed a “special notice” which explains that responsibility more completely (Enclosure 1). Please note that all exhibits to the special notice can be found on the enclosed CD-ROM (Enclosure 2). This notice also explains the purpose of the enclosed Draft Consent Decree. Consistent with sections 121(1) and 122(j) of CERCLA 42 U.S.C. §§9621(t), 9622(j), and EPA policy, the EPA is also inviting the State of New Mexico to participate as a party to these settlement negotiations.
Please have your legal counsel contact Mr. John Emerson, Assistant Regional Counsel, at (214) 665-3137 within ten days of receipt of this letter and let him know whether you plan to submit a good-faith offer to the EPA and will attempt to negotiate an agreement with the EPA on this matter.
The enclosed notice requires you to submit a written good-faith offer within 60 days of your receipt of this letter. The notice explains what the EPA means by a good-faith offer. Note that the notice includes a demand for payment; this allows the EPA to preserve certain legal rights. I urge you to read the enclosed notice carefully.
My staff will be available to meet with you during the third week of October 2011 to explain the Superfund program and special notice process and to respond to any questions you may have. It is expected that this meeting would include a visit to the Site. The EPA, New Mexico, and CMI may also continue the August 26, 2011, discussions of the proposed early actions. If you wish to meet, please contact Mr. Kevin Shade, Enforcement Officer, at (214) 665-2708 to make arrangements. If you have legal questions, please call Mr. Emerson at (214) 665-3137. If you have technical questions about the Record of Decision, please contact Mr. Mark Purcell, Remedial Project Manager, at (214) 665″6707. If you have any other questions regarding this letter, you may contact Mr. Shade.
My staff and I look forward to working with you during the coming months.
Samuel Coleman, P.E.
Director
Superfund Division
Letter from Los Alamos Study Group
Dear friends and colleagues —
Just a quick note to say that tomorrow morning at 8:00 am Mountain Time, the proposed new plutonium complex in Los Alamos, as discussed by yours truly, will be the subject of Mary Charlotte Domandi’s Radio Cafe show on KSFR radio, broadcast at 101.1 FM and also streaming. The show is also available by podcast.
The Q & A format may be a good way for your or your friends to come up to speed on as many aspects of this dangerous nuclear boondoggle as we could fit in an hour. Forward this email to them if you think they would be interested. It’s late notice but the best we could do.
Businesses in northern New Mexico who are opposed to this facility are encouraged to call Rosamund, Trish, or I at 505-265-1200, or write Trish.
There are some other interesting developments on this issue but it is best to leave them for another time!
If you have not done so, please consider contributing to our efforts to prevent construction of this needless, destructive facility. The tide has turned in our favor, but we are still a long way from home and the battle could be lost if we do not prosecute it fully. Please help, and consider asking your friends to help.
Best wishes,
Greg, Trish, and gang
2901 Summit Place NE
Albuquerque, NM 87106
505-265-1200 office
505-577-8563 cell