[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48153-48157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17875]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7798-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Sharon Steel Superfund 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a Direct Final Notice of Deletion of the Sharon Steel 
Superfund Site (Site), located in Midvale, Utah, from the National 
Priorities List (NPL).
    The NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is Appendix B to 40 CFR part 300, the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP). This direct 
final deletion is being published by EPA with the concurrence of the 
State of Utah, through the Utah Department of Environmental Quality 
(UDEQ), based on EPA's determination that all appropriate response 
actions under CERCLA, other than five-year reviews and operation & 
maintenance, have been completed at the Site and, therefore, further 
remedial action pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be effective September 24, 2004, 
unless EPA receives adverse comments on or before September 8, 2004. If 
EPA receives significant adverse comment(s), EPA will withdraw the 
Direct Final Notice of Deletion and it will not take effect.

ADDRESSES: Comments should be mailed to: Armando Saenz, Remedial 
Project Manager (RPM), Mail Code: 8EPR-SR, U.S. EPA Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466.
    Information Repositories: Comprehensive information is available 
for viewing and copying at the following information repositories for 
the Site: (1) U.S. EPA Region 8 Superfund Records Center, 999 18th 
Street, Fifth Floor, Denver, Colorado 80202-2466, Monday through 
Friday, 8 a.m.-4:30 p.m.; and, (2) Utah Department of Environmental 
Quality, Division of Environmental Response & Remediation, 168 North 
1950 West, Salt Lake City, Utah 84116, Monday through Friday, 8 a.m.-
4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Armando Saenz, Remedial Project 
Manager (RPM), (303) 312-6559, Mail Code: 8EPR-SR, U.S. EPA Region 8, 
999 18th Street, Suite 300, Denver, Colorado 80202-2466.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 8 is publishing this Direct Final Notice of Deletion of 
the Sharon Steel Superfund Site from the NPL.

[[Page 48154]]

    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in 40 CFR 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action, pursuant to EPA's authority 
under CERCLA and the NCP.
    Because EPA considers this action to be noncontroversial, this 
action is being taken without prior publication of a notice of intent 
to delete. This action will be effective September 24, 2004, unless EPA 
receives adverse comments on this document on or before September 8, 
2004. If adverse comments are received within the 30-day public comment 
period on this document, EPA will publish a timely withdrawal of this 
direct final deletion before the effective date of the deletion and the 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of this Notice and the comments already received. There will be 
no additional opportunity to comment on this deletion process.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Sharon Steel Superfund Site 
and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Site from the NPL unless adverse 
comments are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a site from the NPL, EPA shall consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response action by responsible parties is appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, EPA policy 
requires that a subsequent review of the site be conducted at least 
every five years after the initiation of the remedial action at the 
deleted site to ensure that the action remains protective of public 
health and the environment. If new information becomes available which 
indicates a need for further action, EPA may initiate or order remedial 
actions. Whenever there is a significant release from a site deleted 
from the NPL, the deleted site may be restored to the NPL without 
application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with Utah on the deletion of the Site from 
the NPL prior to developing this direct final notice of deletion.
    (2) Utah concurred with deletion of the Site from the NPL.
    (3) Concurrent with the publication of this Direct Final Notice of 
Deletion, a notice of the availability of the parallel Notice of Intent 
to Delete was published today in the ``Proposed Rules'' section of the 
Federal Register, is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state and local government officials and other 
interested parties; the newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If significant adverse comments are received within the 30-day 
public comment period on this notice, EPA will publish a timely notice 
of withdrawal of this Direct Final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the notice of intent to 
delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Location & History

    The Sharon Steel Superfund Site is located in Midvale, Utah, 
approximately 12 miles south of Salt Lake City and consists of two 
operable units. Operable Unit 1 (OU1) consists of approximately 260 
undeveloped acres and is a primary source of contamination. OU1 
included a mill, processing plants, outbuildings and the 10 million 
cubic yard waste tailings pile. OU1 underwent a cleanup remedy that 
capped the large contaminated soil and tailings pile and construction 
was declared complete in 1999. Operable Unit 2 (OU2) consists of 
approximately 200 acres of formerly contaminated residential and 
commercial properties adjacent to OU1. OU2's cleanup of almost 600 
properties was completed in 1998.
    OU1 is bounded on the north by 7800 South Street and the Midvale 
Slag Site, on the south and west by the Jordan River and on the east by 
a residential/commercial section of Midvale City. OU2 includes 
approximately 200 acres of formerly contaminated residential and 
commercial properties adjacent to OU1. OU2 is bounded on the north by 
9th Avenue Street, on the South by Ivy Drive, on the east by Chapel 
Street and on the west by Sharon Steel OU1.
    The area is drained by the Jordan River that is used primarily for 
agricultural irrigation. The subsurface beneath Salt Lake Valley 
includes substantial groundwater resources, consisting of shallow 
unconfined, confined, and deep confined aquifers some of which are used 
for domestic, agricultural, and industrial applications. Approximately 
44,000 people live within a 2-mile radius of the Site.
    The Site was previously the location of various ore processing 
operations. Various companies processed huge quantities of ore that had 
high concentrations of heavy metals from 1906 to 1971. Byproducts, with 
high levels of arsenic and lead from milling operations, were 
transported from the processing plant to a large waste tailings pile 
west of the mill, as well as to a small 2.3-acre area on the west side 
of the Jordan River. Sharon Steel Corporation signed an agreement to 
purchase the Site in 1979 and took ownership in November of 1981.
    In 1982, the Utah Department of Environmental Quality (UDEQ) and 
EPA

[[Page 48155]]

determined that there was a serious threat to public health in Midvale 
associated with the Sharon Steel Site. Investigations conducted by 
local, State, and Federal agencies from 1982 to 1990 determined that 
soils on the Sharon Steel property, as well as on nearby residential 
and commercial properties, had arsenic and lead concentrations at 
levels that posed unacceptable risks to residents. The Site was 
proposed for the National Priorities List (NPL) in 1984 and listed on 
the NPL on February 14, 1991.
    Pursuant to a Partial Consent Decree (PCD) entered by the United 
States District Court for the District of Utah in 1990, EPA settled 
with the three Potentially Responsible Parties (ARCO, UV Industries and 
Sharon Steel) for approximately $64 million dollars. The money was 
designated to assist with remedial action activities for both the 
Sharon Steel and Midvale Slag Superfund Sites.
    From May through June of 1991, EPA's Emergency Response Branch 
(ERB) removed dangerous chemicals and bottled gases from the remaining 
mill buildings on the Site. From September of 1992 through December of 
1993, EPA's ERB demolished the remaining mill buildings. Building 
debris was placed on the tailings pile and eventually covered when the 
remedy for OU1 was completed in January 1999. The remedy for OU2 was 
completed in November 1998.

Remedial Investigations (RIs)

    An RI was completed in June of 1988. A more extensive groundwater 
investigation was also conducted from 1988 to 1990. The investigations 
determined that tailings from the Site were blowing into the 
surrounding communities and citizens were using the tailings as yard/
garden fill. It was determined that a significant endangerment existed 
due to exposure to the tailings either from on-site direct contact, 
wind deposition and/or use as yard fill. In addition, arsenic and lead 
contamination in residential and commercial soils from historical 
smelting and milling presented a significant risk to human health. 
Several heavy metals were found in the shallow groundwater under the 
tailings, but arsenic was the primary metal of concern as it was the 
most mobile.

Remedial Actions

    OU1. The Remedial Action (RA) for OU1 has been completed in 
accordance with the OU1 Record of Decision (ROD) dated December 9, 1993 
and the OU1 Remedial Design (RD). The following remedial activities 
were conducted from May 1995 to January 1999:
     Tailings within 150 feet of the center line of the Jordan 
River were excavated and distributed on top of the existing tailings 
pile. The tailings pile contained an estimated 10 million cubic yards 
of material and was up to 60 feet thick in places;
     The top two feet of soil in the mill building area was 
excavated and distributed on top of the existing tailings pile. Clean 
fill was brought in to replace the soil which was removed and the area 
re-vegetated;
     Wetlands along the Jordan River were dredged to remove 
contaminated sediments. The dredged material was distributed on top of 
the existing tailings pile and the wetlands were returned to their 
natural state;
     Tailings on a 2.3 acre area on the west bank of the Jordan 
River were excavated and distributed on top of the existing tailings 
pile;
     A RCRA-equivalent composite cap was installed over the 
entire tailings pile. The cap includes a geo-composite drain underlain 
by a flexible membrane liner which, in turn, is underlain by a geo-
synthetic clay liner that reduce the potential for water infiltration 
through the tailings pile. The cap is overlain by 18 inches of earth 
fill and 6 inches of top soil and re-vegetated throughout. In case of 
slope failure, the cap is designed to contain tailings within a buffer 
zone to protect the Jordan River. The cap was also designed to allow 
access to pedestrian traffic;
     An interceptor trench was installed along the eastern edge 
of the tailings pile to control lateral shallow groundwater flow;
     The OU1 ROD called for the Galena Canal to be cleaned up 
and filled in. When the ROD was signed, information was missing that 
showed the flow in the Galena Canal had been discontinued and the canal 
decommissioned. According to the Remedial Action Report, the canal was 
removed and not rehabilitated. This was the only change in the remedy;
     Fifteen groundwater monitoring wells were installed on 
OU1; and,
     The OU2 ROD called for the placement of contaminated soils 
from the cleanup of 600 properties on the OU1 tailings pile. 
Contaminated soil from the Midvale Slag OU1 cleanup was also placed on 
the OU1 tailings pile.
    The RD for OU1 was completed in October 1994. The United States 
Bureau of Reclamation (BOR) performed the RD for EPA. UDEQ formally 
awarded the RA contract on May 30, 1995, thereby initiating the RA 
activities described below:

----------------------------------------------------------------------------------------------------------------
                  Description                                          Start date-end date
----------------------------------------------------------------------------------------------------------------
Mobilization..................................  June 1995-November 1995.
General earth work............................  August 1995-September 1996.
Interceptor trench installation...............  March 1996-October 1996.
Cap installation..............................  June 1996-October 1996.
Wetlands construction.........................  August 1996-September 1996.
Well installation/Site improvements...........  August 1996-May 1997.
----------------------------------------------------------------------------------------------------------------

    A pre-final inspection of OU1 was conducted on August 13, 1998. The 
inspection covered punch-list items remaining to complete the RA. The 
punch list included items such as removing fences, replacing minor 
sections of eroded sod, removing equipment from the Site and 
controlling weeds.
    The final inspection was conducted on January 6, 1999. Present were 
EPA, UDEQ, BOR, U.S. Fish and Wildlife Service, the RA contractor and 
the land owners representative. Each item of the remaining punch list 
was discussed. The cap, fences, wetlands, and other properties were 
inspected and UDEQ determined that all items were complete and EPA 
concurred.
    OU2. The RA for OU2 has been completed in accordance with the OU2 
ROD dated September 24, 1990, the OU2 Explanation of Significant 
Differences (ESD) dated June 23, 1994, the OU2 ESD dated December 1998 
and the OU2 RD. The following remedial activities were conducted from 
July 1991 to November 1998:
     Contaminated soils and associated vegetation were removed 
from 595 residential and commercial properties in Midvale City. Clean 
fill was brought in to replace the soil, the area was

[[Page 48156]]

graded to the original contour and re-vegetated;
     Soils removed from the residential areas were transported 
to OU1. The remedy selected for OU1 addressed the tailings at the mill 
site as well as the contaminated soils from OU2 placed there as a 
result of this action;
     Following outdoor cleanup, homes were tested to determine 
if household dust exceeded the action levels for arsenic and lead (70 
and 500 mg/kg, respectively). If action levels were exceeded, the homes 
were cleaned;
     Trees and shrubs were removed and replaced, if soil 
removal affected their viability.
    The RA for OU2 was conducted using a phased approach. Six phases 
were originally planned and separate RDs were prepared for each 
phase.Implementation of the phased approach is described below:

----------------------------------------------------------------------------------------------------------------
              Phase                       Description                         Start date-end date
----------------------------------------------------------------------------------------------------------------
I................................  Curb/gutter improvement..  July 1991-November 1991.
II...............................  Remediation of 114         May 1993-November 1993.
                                    properties.
III..............................  Remediation of 192         March 1994-November 1994.
                                    properties.
IV...............................  Remediation of 142         March 1995-November 1995.
                                    properties.
V................................  Remediation of 135         May 1996-October 1997.
                                    properties.
Va...............................  Remediation of 2           July 1998-November 1998.
                                    properties.
VI...............................  Cancelled................
----------------------------------------------------------------------------------------------------------------

    Phase VI was to be conducted to clean up potentially contaminated 
soils along the interstate highway and railroad right-of-ways. However, 
re-construction of Interstate 15 within OU2 boundaries addressed this 
issue. The BOR designed the remedy and was the oversight contractor 
during remedy construction.
    Each property cleaned up was inspected at the time of completion 
and each landowner signed a document accepting the work as completed. A 
one-year warranty period was also provided by UDEQ and their contractor 
to provide for repairs should any remediation related problems arise. 
EPA issued a letter to each landowner, certifying that his/her property 
was clean up and no human health problems existed.

Institutional Controls

    OU1. The 1990 Partial Consent Decree (PCD, Civil Action No. 86-C-
924J, U.S. District Court of Utah) contained several institutional 
controls in the form of restrictive covenants as follows:
     A grant of access to EPA and UDEQ at all reasonable times 
for purposes of conducting, supervising, supporting and monitoring the 
remedy, including operation or maintenance;
     A requirement that the property owners not interfere with, 
obstruct or disturb performance of the remedy, including any operation 
or maintenance activities, and not take any action which may affect the 
integrity or effectiveness of the remedy; and,
     A requirement that the property owner provide notice to 
later purchasers of the conditions of the PCD. The OU1 ROD includes the 
following ICs:
     Only structures determined to be suitable for placement on 
the cap will be permitted in order to prevent breaches in the integrity 
of the cap and to ensure that erosion is prevented. The determination 
of the type and number of structures will be finalized by EPA during 
remedial design; and,
     No domestic wells will be permitted onsite through deed 
restrictions to prevent any ingestion of contaminated groundwater. This 
restriction is regulated by the State of Utah. Utah will retain final 
authority to restrict or appropriate groundwater use at this 
Site.Additional ICs to protect nearby residents/businesses from any 
contaminated groundwater are the requirements of Salt Lake Valley 
Health Department Regulation 11 providing criteria for water 
quality and legitimate water rights for any development choosing not to 
access the public water system of Midvale City. Also, under Section II 
of the Salt Lake Valley Interim Groundwater Management Plan, well 
applications will not be granted in areas where a public water system 
is available. Nearby residents and businesses are all connected to the 
municipal water system.
    Future redevelopment at the Site will be governed by the Site 
Modification Plan for Redevelopment (ERM, February 2004), the OU1 ESD 
dated July 2, 2004, and the Institutional Control Process Plan (Midvale 
City, May 2004) which is Appendix A of the OU1 ESD and corresponding 
modifications to the 1990 PCD.
    The Institutional Control Process Plan establishes legal 
requirements to maintain protectiveness during and after redevelopment 
of the Site. Redevelopment of the Site will require the use of more 
diverse and complex ICs than originally planned in the OU1 ROD. Public 
and private ICs will be integrated to effectively address changes to 
the current remedy due to future redevelopment.
    OU2. The OU2 ROD included ICs to provide special provisions for 
future excavation of contaminated soils due to gardening and 
construction. These ICs were reevaluated and lifted in 1994 and 1998. 
The June 1994 ESD determined that garden soils outside the 500 mg/kg 
lead and 70 mg/kg arsenic boundary did not need to be cleaned up to 200 
mg/kg lead and subjected to ICs. The December 1998 ESD (confirmed later 
in July 2003) narrowed the scope of the OU2 RA by excluding properties 
owned and selected by Midvale City and transportation right-of-ways. 
ICs associated with garden soils and future residential construction 
were also removed based on post-remedial soil data and analysis.

Remedial Action Objectives and Cleanup Standards

    OU1. The RA for OU1 has met all RA objectives as defined in the OU1 
ROD. The RA has met the following objectives:
     Prevented exposure to contaminated soil/tailings on the 
Site by isolating tailings and soils with contaminant concentrations 
exceeding health-based action levels for lead (500 mg/kg) and for 
arsenic (70 mg/kg).
     Prevented migration of and exposure to contaminated 
groundwater with arsenic concentrations greater than the health-based 
action levels of 50 ug/L for wells on the north side of the Site and 
190 ug/L for wells on the west side of the Site.
     Reduced flow of water through the tailings and further 
contamination of the shallow groundwater.
    The OU1 ROD contained a contingency remedy for groundwater. 
Groundwater monitoring wells were installed along the northern and 
western boundaries to function as points of compliance to determine if 
shallow groundwater contaminated with arsenic was migrating from the 
Site. If groundwater action levels for arsenic

[[Page 48157]]

were exceeded in these compliance wells, EPA and UDEQ could institute a 
pump and treat system for the groundwater at these boundaries to 
prevent off-site migration of groundwater contamination.
    EPA and UDEQ have determined that no pump and treat action is 
necessary for the groundwater component of the remedy given seven years 
of monitoring data. Data collected from the Jordan River (which borders 
the western boundary of OU1) does not indicate measurable increases in 
arsenic levels. Also, only one of fifteen compliance wells has exceeded 
the arsenic action level of 190 ug/L (along the western boundary) on a 
consistent basis.
    Additional investigations of the well have shown that the source of 
arsenic contamination is not the Sharon Steel tailings pile, but the 
Bingham Creek tailings. The well is completed in the old Bingham Creek 
channel which contains tailings washed down from the Kennecott Site. 
The Bingham Creek tailings will be addressed under the separate cleanup 
of the Kennocott Site. The investigations also indicated that a pump 
and treat system would not be technically feasible nor cost effective 
given the hydro-geological characteristics of the area of the well.
    OU2. The RA for OU2 has met all RA objectives as defined in the OU2 
ROD and OU2 ESDs dated June 23, 1994 and December 1998 (later confirmed 
in July 2003). The RA has eliminated the exposure to contaminated soil 
in residential and commercial properties with the removal of soil with 
contaminant concentrations exceeding health-based action levels for 
lead (500 mg/kg) and arsenic (70 mg/kg) and replacement of the soil 
with clean fill.

Operation and Maintenance (O&M)

    All O&M activities pertain to OU1. OU2 does not require O&M. O&M 
activities are required at the Site to maintain and monitor the 
performance and protectiveness of the implemented remedy. The 
objectives of O&M for OU1 are to: (1) Maintain the engineered cover and 
vegetation; (2) maintain the drainage systems and erosion protection 
features; (3) monitor the groundwater on an annual basis; (4) prevent 
the Jordan River from invading the Site and eroding the cap and/or 
tailings; (5) control future development and groundwater use at the 
Site; and (6) provide reports to document conditions at the Site 
including problems, repairs and development activities.
    O&M activities are currently being conducted by UDEQ pursuant to a 
cooperative agreement with EPA and in accordance with the Operation, 
Maintenance, and Monitoring Manual for Sharon Steel Superfund Site, 
Operable Unit 1 (BOR, October 2001). Groundwater is being monitored 
annually and no pump and treatment is currently needed at the Site. The 
Site is inspected quarterly to monitor the remedy and detect 
maintenance needs. There are currently no structures over the composite 
cap and the remedy is functioning as intended.
    Future redevelopment of the Site will modify the scope, but not the 
objectives of O&M. Accordingly, specific changes to current O&M 
activities and roles/responsibilities will be addressed in the 
Operation, Maintenance, and Monitoring Manual.

Five-Year Reviews

    Pursuant to CERCLA section 121(c), 42 U.S.C. 9621(c), five-year 
reviews are required at sites with remaining hazardous substances, 
pollutants, or contaminants above levels that allow for unlimited use 
and unrestricted exposure. Hazardous substances above health-based 
levels were left on-site and, therefore, five-year reviews are required 
at this Site. The first Five-Year Review Report was completed on 
February 26, 1999. The next five-year review is due in 2004.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the deletion docket, which EPA relied on for 
recommendation of the deletion from the NPL, are available to the 
public in the information repositories.

V. Deletion Action

    The EPA, with concurrence from the State of Utah through UDEQ, has 
determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA, other 
than five-year reviews and operation & maintenance, are necessary. 
Therefore, EPA is taking this action to delete the Site from the NPL.
    Because EPA considers this action to be noncontroversial, this 
action is being taken without prior publication of a notice of intent 
to delete. This action will be effective September 24, 2004 unless EPA 
receives adverse comments on or before September 8, 2004. If adverse 
comments are received within the 30-day public comment period on this 
document, EPA will publish a timely withdrawal of this direct final 
deletion before the effective date of the deletion and the deletion 
will not take effect. EPA will, as appropriate, prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment on this deletion process.

List of Subjects in 40 CFR Part 300

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

    Dated: July 28, 2004.
Robert E. Roberts,
Regional Administrator, Region 8.


0
For the reasons set out in the preamble, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended by removing the site 
``Sharon Steel Corp. (Midvale Tailings), Midvale, UT.''

[FR Doc. 04-17875 Filed 8-6-04; 8:45 am]
BILLING CODE 6560-50-U