[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Rules and Regulations]
[Pages 35384-35387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7003-6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial direct final deletion of the Jacobs Smelter Superfund 
Site from the National Priorities List (NPL).

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[[Page 35385]]

SUMMARY: The Environmental Protection Agency (EPA) Region VIII 
announces its deletion of the residential soil portions of the Jacobs 
Smelter Superfund Site, Utah, known as Operable Unit One (OU1), from 
the National Priorities List and requests public comment on this 
action. The NPL constitutes Appendix B to the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, 
which EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). This 
partial deletion of the Jacobs Smelter Site is in accordance with 40 
CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of 
Sites Listed on the National Priorities List. 60 FR 55466 (Nov. 1, 
1995).
    This partial deletion affects only OU1--the residential soils 
portion of the Jacobs Smelter Site which is within, but not all 
inclusive of, the town limits of Stockton, Utah. The Utah Department of 
Environmental Quality (UDEQ), under cooperative agreement with EPA, 
recently completed the remedial action for OU1. EPA bases its decision 
to delete OU1 on the joint determination by EPA and UDEQ that all 
appropriate actions under CERCLA have been implemented to protect human 
health, welfare, and the environment at OU1.
    This partial deletion pertains only to OU1 and does not include 
Operable Unit 2 (OU2) or Operable Unit 3 (OU3). OU2 addresses other 
media and non-residential soils outside the general town limits of 
Stockton, Utah. OU3 addresses Union Pacific Railroad right of way 
within OU1. These OU's will remain on the NPL and response activities 
will continue.

DATES: This ``direct final'' action will be effective September 4, 2001 
unless EPA receives significant adverse or critical comments by August 
6, 2001. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to: Mr. Jim Christiansen, Remedial 
Project Manager, U.S. EPA Region VIII, EPR-SR, 999 18th Street, Suite 
300, Denver, CO 80202, (303) 312-6748. Email: [email protected]

Information Repositories: Comprehensive information on the Jacobs 
Smelter Site as well as information specific to this proposed partial 
deletion is available for review at EPA's Region VIII office in Denver, 
Colorado. The Administrative Record for OU1 and the Deletion Docket for 
this partial deletion are maintained at the following information 
repositories:U.S. EPA Region VIII, Superfund Records Center, 5th Floor, 
999 18th Street, Denver, Colorado, 80202, (303) 312-6473, Hours of 
Operation: M-F 8:00 a.m. to 4:30 p.m.Tooele County Library, 100 West 
Vine Street, Tooele, Utah, 84074

FOR FURTHER INFORMATION CONTACT: Mr. Jim Christiansen, Remedial Project 
Manager, U.S. EPA Region VIII, EPR-SR, 999 18th Street, Suite 300, 
Denver, CO 80202, (303) 312-6748. Email: [email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Deletion

I. Introduction

    The United States Environmental Protection Agency (EPA) Region VIII 
announces its deletion of the residential soil portion of the Jacobs 
Smelter Superfund Site, known as Operable Unit One (OU1), from the 
National Priorities List (NPL), which constitutes Appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300, and requests public comment on this action.
    The Jacobs Smelter Site is located in Tooele County, Utah. OU1 is 
within, but not all inclusive of, the town limits of Stockton, Utah, 
and consists of privately owned residential properties and vacant lots. 
Also included are several vacant lots, dirt roads, and dirt alleys. The 
OU is generally bounded by the extent of single-family residential lots 
centered on Stockton.
    In July 1999, EPA issued a Record of Decision (ROD) for OU1 that 
called for remediation of approximately 130 residential properties 
within the town of Stockton. Based on the ROD, the Utah Department of 
Environmental Quality (UDEQ), under cooperative agreement with EPA, 
completed a remedial action for OU1 in March 2001. EPA bases its 
proposal to delete OU1 on the joint determination by EPA and UDEQ that 
all appropriate actions under CERCLA have been implemented to protect 
human health, welfare, and the environment at OU1. Response activities 
at OU Nos. 2 and 3 will continue and these OU's will remain on the NPL.
    The NPL is a list maintained by EPA of sites that EPA has 
determined 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 Substances Superfund (Fund). Pursuant to 40 
CFR 300.425(e) of the NCP, any site or portion of a site deleted from 
the NPL remains eligible for Fund-financed remedial actions if 
conditions at the site warrant such action.
    EPA will accept comments concerning this partial deletion for 
thirty (30) days following publication of this notice in the Federal 
Register and a newspaper of record.

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 to protect public 
health or the environment. 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:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate; or Section 300.425(e)(1)(iii). The 
remedial investigation has shown that the release poses no significant 
threat to public health or the environment, and, therefore, taking of 
remedial measures is not appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions at the area deleted if 
future site conditions warrant such actions. Section 300.425(e)(3) of 
the NCP provides that Fund-financed actions may be taken at sites that 
have been deleted from the NPL. A partial deletion of a site from the 
NPL does not affect or impede EPA's ability to conduct CERCLA response 
activities at areas not deleted and remaining on the NPL. In addition, 
deletion of a portion of a site from the NPL does not affect the 
liability of responsible parties or impede agency efforts to recover 
costs associated with response efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures were used for the deletion of OU1 of the 
Jacobs Smelter Site:

[[Page 35386]]

    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Utah, through the Utah Department of Environmental 
Quality, concurred in a letter dated May 10, 2001, with this partial 
deletion.
    (3) Concurrent with this national Notice of Intent for Partial 
Deletion, a notice has been published in a newspaper of record and has 
been distributed to appropriate Federal, State, and local officials, 
and other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and a 
newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories listed previously.
    This Federal Register document, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Notice of Partial 
Direct Deletion. The public is asked to comment on EPA's decision to 
delete OU1 from the NPL. All critical documents needed to evaluate 
EPA's decision are included in the Deletion Docket and are available 
for review at the EPA Region VIII information repositories. EPA is 
requesting only dissenting comments on the Direct Final Action to 
Delete. EPA Region VIII will accept and evaluate public comments on 
this action before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary for comments received during the 
public comment period and will address concerns presented in the 
comments. The Responsiveness Summary will be made available to the 
public at the information repositories listed previously.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of OU1 from the 
NPL and EPA's finding that the criteria in 40 CFR 300.425(e) are 
satisfied:

Background

    The Jacobs Smelter Site is located in and around Stockton, Utah. 
Contamination at the site originated from historic smelting and milling 
activities that occurred primarily in the 1870s and 1880s. Several 
former smelter locations have been found, including the Jacobs, the 
Waterman, the Chicago, and the Carson-Buzzo. Soil contamination from 
these sources is often intermingled and difficult to attribute to a 
particular smelter operation. The Jacobs Smelter was the largest of 
these operations and was located within the current town limits of 
Stockton. Waste from the Jacobs Smelter contaminated the surrounding 
soils of Stockton. The primary contaminants at the site are heavy 
metals, with lead and arsenic the primary contaminants of concern 
regarding human health.
    In order to expedite Superfund response action at the site, EPA 
divided the site into three operable units:

OU1--Residential soils
OU2--Non-residential Soils, other media
OU3--Union Pacific Railroad right of way

EPA has been investigating, conducting human health risk assessments, 
and making CERCLA response action decisions for each OU separately.
    OU1 comprises residential properties within, but not all inclusive 
of, the town limits of Stockton, Utah. Also included are several vacant 
lots, dirt roads, and dirt alleys. The OU is generally bounded by the 
extent of single-family residential lots centered on Stockton.
    The Jacobs Smelter, formerly located in the northeast corner of 
Stockton, operated for a short period in the late 1800s and 
intermittently for several decades after. The smelter and an associated 
milling operation sat on a topographic high relative to Stockton. Waste 
material, such as slag, was deposited around the smelter during normal 
operations. Rainfall and snow melt transported the waste downhill 
through the town toward Rush Lake, approximately \1/2\ mile to the west 
of OU1. A large portion of the residential properties in Stockton were 
eventually contaminated. A responsible party search conducted by EPA 
found no remaining viable parties associated with the operation or 
ownership of the Jacobs Smelter.
    In 1997-98, UDEQ performed a preliminary assessment/site inspection 
of the area. Elevated levels of heavy metals were found in soils around 
the site and in the sediments of Rush Lake. The potential for 
significant exposure to area residents was established. Based on this 
information and subsequent information collected by EPA Region VIII, 
the site was proposed to the NPL on July 22, 1999 (64 FR 39886). The 
final listing was published in the Federal Register on February 4, 2000 
(65 FR 5435).

OU1 Response Actions

    Sampling performed by EPA Region VIII in 1998 established the 
general extent of contamination in the vicinity of Stockton. This 
sampling also identified approximately 29 residential properties that 
contained levels of lead in soils (greater than 3000 parts per million) 
deemed to present an acute threat to human health. In 1999, Region VIII 
conducted a Fund-financed time critical removal action for OU1. Soils 
from the 29 properties were excavated to a depth of 18 inches and 
disposed of at an off-site landfill, and clean backfill was placed on 
the excavated properties. Additionally, the source area of the former 
Jacobs Smelter was excavated to ensure contamination would not migrate 
in the future.
    During the removal action, UDEQ conducted a remedial investigation/
feasibility study (RI/FS) for the remaining areas of OU1. A ROD was 
published in July 1999 which defined the boundary of OU1 and called for 
similar excavation and backfill of approximately 130 additional 
residential properties, vacant lots, dirt roads, and alleys with 
surface soil lead concentrations greater than 500 parts per million, 
subsurface soil lead concentrations greater than 800 parts per million, 
or surface arsenic concentration greater than 100 parts per million. 
Institutional controls designed to preserve the remedy and prevent 
exposure to soils not excavated during remedial action were also called 
for.
    In February 2000, immediately after final listing of the site on 
the NPL, UDEQ began the Fund-financed remedial action for OU1. The 
remedial action was completed in March 2001, and all remedial action 
objectives and performance standards set forth in the ROD were met. The 
Town of Stockton passed a local ordinance implementing the 
institutional controls requirement in the ROD on May 8, 2000. A 
remedial action completion report was signed in March 2001, indicating 
that no further CERCLA action is necessary to protect human health and 
the environment at OU1.

Community Involvement

    Public participation requirements for OU1 have been satisfied as 
required in CERCLA Section 113(k), 42 U.S.C. 9613(k), and Section 117, 
42 U.S.C. 9617. The Remedial Investigation Reports, Baseline Human 
Health Risk Assessment Report, and the Proposed Plan for OU1 were 
formally released to the public on May 27, 1999. The notice of 
availability of the Proposed Plan was published in the Tooele 
Transcript-Bulletin on May 27, 1999. The public comment period for the 
proposed plan ran from May 27, 1999 to July 15, 1999. A public meeting 
was held on June 9, 1999 to receive public comments from

[[Page 35387]]

the community. Responses to all comments received during the public 
comment period were included in the Responsiveness Summary included in 
the ROD for OU1. Additionally, the administrative record for OU1 was 
made available at the Tooele Public Library throughout the OU1 
investigation process. Monthly town forums were held to receive 
feedback and disseminate information throughout the OU1 investigation 
and cleanup process.

Current Status

    Based on the successful completion of EPA's removal action and 
UDEQ's remedial action, there are no further response actions planned 
or scheduled for OU1. Pursuant to the NCP, a five-year review will be 
performed at OU1.
    While EPA and UDEQ do not believe that any future response actions 
at OU1 will be needed, if future conditions warrant such action, the 
proposed deletion area remain eligible for future Fund-financed 
response actions. Furthermore, this partial deletion does alter the 
status of OU2 or OU3 which are not proposed for deletion and remain on 
the NPL.
    EPA, with concurrence from the State of Utah, has determined that 
all appropriate CERCLA response actions have been completed at OU1 and 
protection of human health and the environment has been achieved. 
Therefore, EPA is deleting OU1 of the Jacobs Smelter Superfund Site 
from the NPL. This action will be effective July 31, 2001. However, if 
EPA receives dissenting comments within thirty (30) days following 
publication of this notice in the Federal Register, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: June 15, 2001.
Patricia D. Hull,
Acting Regional Administrator,U.S. Environmental Protection Agency, 
Region VIII.

    Title 40, chapter 1 of the Code of Federal Regulations 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 under UT by 
revising the entry for ``Jacobs Smelter'' to read as follows:

Appendix B to Part 300--National Priorities List

                   Table 1.--General Superfund Section
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                                                                   Notes
            State                  Site name       City/county      (a)
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*                  *                  *                  *
                            *
UT...........................  Jacobs Smelter..  Stockton/Tooele       P
 
*                  *                  *                  *
                            *
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(a) * * *
P = Sites with partial deletion(s)

[FR Doc. 01-16434 Filed 7-3-01; 8:45 am]
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