[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49324-49329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20291]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0003; FRL-9450-4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of International Smelting and 
Refining Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final Notice of Deletion of the International 
Smelting and Refining Superfund Site (Site), located in Tooele, 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 an 
appendix of 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) because EPA has determined 
that all appropriate response actions under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: This direct final deletion is effective October 11, 2011 unless 
EPA receives adverse comments by September 9, 2011. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
deletion in the Federal Register informing the public that the deletion 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0003, by one of the following methods:
     http://www.regulations.gov. Follow online instructions for 
submitting comments.
     E-mail: Erna Waterman, Remedial Project Manager, 
[email protected].
     Fax: 303-312-7151.
     Mail: Erna Waterman, Remedial Project Manager, U.S. 
Environmental Protection Agency, Region 8, EPR-SR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 8, EPR-SR, 1595 Wynkoop Street, Denver, Colorado. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0003. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. EPA, Region 8, Records Center, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129 (303) 312-6473, Hours: M-F 8 a.m. to 4 p.m.
Tooele City Library, 128 West Vine Street, Tooele, Utah 84074, (435) 
882-2182, Hours: T-F 10 a.m. to 8 p.m. and Saturdays 10:30 a.m. to 6 
p.m.

FOR FURTHER INFORMATION CONTACT: Erna Waterman, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, EPR-SR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6762, e-mail: 
[email protected].

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 International Smelting and Refining Superfund Site, (Site), from 
the National Priorities List (NPL). The NPL constitutes Appendix B of 
40 CFR part 300, which is the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation 
and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL 
as the list of sites that appear to 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 Substance 
Superfund (Fund). As described in 300.425(e) (3) of the NCP, sites 
deleted from the NPL remain eligible for Fund-financed

[[Page 49325]]

remedial actions if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 11, 2011 unless EPA 
receives adverse comments by September 9, 2011. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of 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.
    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 International Smelting and 
Refining (IS&R) 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

    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. 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:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed 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.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. 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) EPA consulted with the state of Utah prior to developing this 
direct final Notice of Deletion and the Notice of Intent to Delete co-
published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the State, through the Utah Department of 
Environmental Quality, has concurred on the deletion of the Site from 
the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, Tooele 
Transcript Bulletin. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the IS&R Site 
from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, 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 Background and History

    The International Smelting & Refining (IS&R) Superfund Site (Site 
ID UTD093120921) is located approximately two miles northeast of 
Tooele, in Tooele County, Utah. The Site occupies the lower portion of 
Pine Canyon on the west flank of the Oquirrh Mountains. The IS&R Site 
is comprised of three areas:
    1. The former smelter property and surrounding land known as the 
Pine Canyon Conservation Area, which is owned by Atlantic Richfield 
Company, Inc. (ARCO), and comprises the majority of the Site;
    2. Portions of the former Tooele Valley Railroad (TVRR) grade that 
extend from the Conservation Area to the city of Tooele, Utah; and
    3. Pine Canyon, a residential area adjacent to the Conservation 
Area which is locally referred to as Lincoln Township.
    The 3,000 acre Conservation Area includes the 1,200 acre area once 
occupied by the smelter and tailing impoundments and all the adjacent 
property owned by ARCO. ARCO, in conjunction with the Utah Division of 
Wildlife Resources (UDWR), created a conservation easement in 1994 to 
protect the reclaimed features. The Conservation Area and the area 
included within the conservation easement are one and the same. The 
current boundary for this Conservation Area coincides with the ARCO 
property boundary.
    The TVRR grade portion of the Site is the former railroad right-of-
way running from Vine Street in the City of Tooele east to where the 
right-of-way intersects the Conservation Area boundary. The length of 
the former rail line is approximately 10,000 feet, and because the land 
use changes along the former rail line from Tooele to the Conservation 
Area, the TVRR grade was sectioned into three study areas termed the 
``town,'' ``school''' and ``extension'' sections to reflect different 
land uses.
    Pine Canyon occupies two square miles and is located on the western 
edge of the former IS&R smelter property. There are approximately 135 
properties within the township with a population of about 470 people. 
The Pine Canyon community includes the properties that were impacted by 
smelter operations.

[[Page 49326]]

    The IS&R Site was proposed for addition to the NPL in the Federal 
Register dated April 23, 1999 (FR Volume 64, No. 78, pages 19968-
19974). The Site was made final on the NPL in the Federal Register 
dated July 27, 2000 (FR Volume 65, No. 145, pages 46096-46104). The 
existence of tailing impoundments, smelter wastes and contaminated 
surface soils and groundwater were the principal reasons for listing 
the IS&R Site. The contaminants of concern are lead and arsenic.

Conservation Area

    IS&R began operations in Tooele in 1910 on approximately 1,200 
acres. At various times, from 1910 through 1972, IS&R operated copper 
and lead smelters and a lead-zinc flotation mill. In the early years of 
IS&R operation, tailings and slag were produced at an estimated annual 
rate of 650,000 tons per year with declining output in later years. 
Approximately 326 acres of tailing of an unknown volume are located 
within the tailing impoundment. The copper smelter was closed in 1946, 
followed by the closure of the lead-zinc flotation mill in 1968 and the 
lead smelter in 1972. With the exception of a few incidental buildings, 
the smelter facility was demolished or scrapped in the mid-1970s.
    From 1974 through 1981, the Anaconda Company constructed and 
operated a mine and mill known as the Carr Fork Operation. The main 
mill of the operation was one mile east of the IS&R smelter property in 
Pine Canyon on approximately 12.5 acres. The operation began processing 
ore in 1979 and ran for less than two years. Tailings from the 
operation were transported down Pine Canyon to the original IS&R 
tailing impoundment where a new 100-foot high tailing dam was 
constructed. Because of the short duration of operations of the Carr 
Fork Mill, the tailings encompass only about 64 acres behind the 
constructed dam.

Pine Canyon/Lincoln Township

    Lincoln was settled in the late 1800s as a farming and ranching 
area. When the smelter was constructed in 1908, much of the original 
farm land was purchased by the International Smelting and Refining 
Company for operation of the smelter. During the operational period of 
the smelter, Lincoln continued to be used for farming and also became 
the residence for some smelter employees. Since the smelter 
discontinued operations in 1972, the area has experienced a slow, 
steady growth to its current population of about 470 people.
    Lincoln Township was established in 1996 and operates as a separate 
planning district within Tooele County. Current land uses include 
residential, recreational visitor and open agricultural.

Tooele Valley Railroad (TVRR) Grade

    The TVRR was constructed in 1909 to connect the Union Pacific and 
Western Pacific lines at Warner, Utah, (west of Tooele) to the IS&R 
smelter--a distance of approximately seven miles. The primary reason 
for TVRR's existence was for the support of the IS&R smelter. The 
railroad was used for transporting smelter ores, concentrates, 
equipment, and personnel to and from the Site.

Removal Actions

    In 2003, maintenance activities were performed by ARCO at the Carr 
Fork Landfill Area which is near the east side of the Site and is 
approximately six acres in size. The landfill contains mostly debris 
from the demolition phase of the reclamation project which occurred in 
1986. Also, the Site Entrance Stained Soils Area is near the west side 
of the Site, near the point of entry for Site visitors. The soils were 
of a dark brownish tint, and the area was approximately four acres in 
size.
    Diversion berms were installed to divert water flow away from the 
landfill and steep canyon slopes. The landfill area was grubbed and 
scarified in the area where the diversion berms were to be placed. 
Riprap was installed in areas of high erosion potential. The Site 
Entrance Area was grubbed and scarified. The area was then covered with 
12 to 15 inches of compacted fill material and revegetated. The project 
was completed on June 20, 2003. Additional detail can be found in the 
Initial and Final Pollution Report dated September 10, 2003.
    In 2004 & 2005 a residential soil Removal Action was conducted in 
Lincoln Township/Pine Canyon. Studies conducted as part of the Remedial 
Investigation found that some of the properties located in the Pine 
Canyon community, west of the Conservation Area, had been impacted by 
smelter-related contaminants. Due to high lead levels in a blood test 
taken by the Tooele County Health Department (TCHD) on a child in Pine 
Canyon and the risks identified by the Baseline Human Health Risk 
Assessment, EPA and the UDEQ determined that immediate implementation 
of a removal action was necessary to reduce local residents' exposure 
to lead and arsenic in the environment. In July 2004, EPA issued a 
Unilateral Administrative Order for a Time-Critical Removal Action, to 
address all remaining potential risks in the residential area. The 
cleanup levels used were 580 mg/kg lead and 100 mg/kg arsenic.
    Excavation was completed on 19 residential properties and included 
9,100 cubic yards of material removed and transported to the tailing 
repository on the smelter property. After excavation, each property was 
backfilled and landscaped or restored similar to the pre-construction 
condition. A Removal Action at the railroad grade of the TVRR was 
completed in the summer of 2005. The railroad grade extends from Vine 
Street in Tooele, east to where it divides into two tracks and then 
intersects the Conservation Area. For Removal Action planning and 
remedial action, the former grade was divided into three corresponding 
sections that include the town, school and extension sections.
    A Unilateral Administrative Order was issued by EPA to Atlantic 
Richfield Company, Inc. (ARCO) on November 21, 2003. Under this order, 
ARCO conducted field sampling to investigate the degree and extent of 
the metals impact on the grade. The sampling results of relevant zones 
and areas that exceeded cleanup levels were included in the TVRR grade 
Removal Action. The administrative order required removal of up to 18 
inches of soil in the town and school sections where lead and arsenic 
concentrations exceeded the cleanup levels and removal or capping of up 
to 18 inches of soil in the extension sections. The human health 
cleanup levels for these areas are 580 mg/kg lead and 100 mg/kg arsenic 
for the town and school section soils and 2,231 mg/kg lead and 900 mg/
kg arsenic for the extension section soils.
    In 2006, a Removal Action was performed in the Conservation Area. 
During the Remedial Investigation (RI) for the Site, 18 locations of 
varying sizes were identified in the Conservation Area that exceeded 
the cleanup levels of 8,000 mg/kg lead and 900 mg/kg arsenic.
    The Conservation Area Removal Action began in the fall of 2006 and 
was completed during the spring of 2007. Locations that exceeded 
cleanup levels were addressed by placing a 12-inch thick cap of clean 
soil over the contaminated area and then reseeding the surface. Two of 
the 18 locations identified during the Remedial Investigation were 
within the tailings pile and could not be safely addressed as a result 
of physical hazards. Therefore, fencing and other physical barriers 
were constructed to limit access to these two locations. The Removal 
Action also addressed areas where

[[Page 49327]]

vegetation was limited or absent and contaminant concentrations were 
below cleanup levels. These areas were addressed by removing 24 inches 
of soil, back-filling the excavation with clean soil and reseeding. A 
thorough discussion of the 2006 Conservation Area Removal Action is 
included in the 2006 Conservation Area Removal Action Final 
Construction Report dated June 1, 2007. Figure 2-4 of that report shows 
the areas addressed by the 2006 Removal Actions.

Ongoing or Potential Development

    The Conservation Area (ARCO property) is designated as a wildlife 
conservation area in accordance with an easement agreement between ARCO 
and the Utah Division of Wildlife Resources (UDWR). The agreement 
precludes the property from being used for purposes other than the 
maintenance and enhancement of wildlife indigenous to the Oquirrh Range 
foothills. Activities that would impact remedial features are 
prohibited, such as drilling and exploration, filling, excavating, 
mining, dredging, and removal of top soil and other materials, and 
commercial, industrial, and agricultural use as set forth in the 
conservation easement. Before and since the easement was originally 
issued in 1994, efforts have been made to develop and protect this area 
for wildlife purposes. The management plan prepared by UDWR and 
endorsed by ARCO defines uses and periods of use allowable on the 
property. In general, current use of the area includes light 
recreational uses such as walking, wildlife observation and hunting. 
Motorized vehicles are not permitted on Site except for maintenance 
purposes, which is enforced by the UDWR. The property is fenced to 
prevent unauthorized use of the area. Use of the area is not expected 
to change in the future.
    Current land uses within Pine Canyon include residential, 
agricultural and recreational designations. Though the actual township 
boundaries are large in area, the bulk of the population is located 
along Ericson Road and near the intersection of Blue Peak Drive and 
Pine Canyon Road. Behind the houses are large open fields used for 
farming and pasture. The Boys Ranch parcel, a large tract of open land 
to the northwest of the Pine Canyon/Blue Peak Road intersection, is 
planned for development. Institutional controls have been established 
to ensure that the completed remedy and future development of open land 
remains protected.

Remedial Investigation (RI)

    ARCO conducted the Remedial Investigation (RI) between 2001 and 
2006 with EPA oversight. The chief objective of the RI was to determine 
the potential risk to human health and the environment of the IS&R Site 
and adjacent land by evaluating the Site in its current condition, 
taking into account reclamation actions completed in 1986, verifying 
previous investigation sample results of the Site prior to reclamation, 
and assessing conditions in areas not previously addressed by 
reclamation efforts including near-by residential areas.
    The Conservation Area was divided into work areas during the RI to 
facilitate the inspection. During the RI, soils, slag, sediment, 
surface water and groundwater were sampled, and Site inspections were 
conducted to identify areas where future remedial action may be 
required. In addition to samples collected on the former smelter site 
and surrounding fields, residential yard samples and household dust 
samples were collected from selected residential dwellings in the 
community of Pine Canyon, located west of the smelter site. The 
investigation monitored groundwater wells in the area of the smelter, 
Pine Canyon and nearby areas.
    Soil and sediment samples were analyzed for 23 metals and pH. The 
metals included aluminum, antimony, arsenic, barium, beryllium, 
cadmium, calcium, chromium, cobalt, copper, iron, lead, magnesium, 
manganese, mercury, nickel, potassium, selenium, silver, sodium, 
thallium, vanadium and zinc. Water samples were analyzed for the same 
23 metals, 4 anions and 4 physical properties, including all drinking 
water standards. Analytical results of the samples collected show that 
when lead and arsenic are high, other metals may then be present in 
concentrations high enough to pose a concern. Therefore, throughout the 
investigation, lead and arsenic were used as indicator metals to gauge 
the impact on areas from smelter operations.
    Groundwater samples were collected on and near the Site from 2001 
through February 2006 to determine what impact, if any, to area 
aquifers are a result of past operations at the IS&R Site, and in an 
attempt to locate a source of elevated arsenic in the groundwater.

Findings of the Feasibility Study (FS)

    The Feasibility Study concluded that past Removal Actions had 
addressed areas with soil containing concentrations of contaminants of 
concern above cleanup levels. Institutional controls will be required 
to ensure that the protectiveness of the remedy is maintained. 
Monitoring of groundwater will be required to determine if arsenic 
concentrations change, over time, relative to baseline concentrations.

Selected Remedy

    A Record of Decision (ROD) for the Site was issued by EPA on 
September 27, 2007. The remedy established in the ROD takes into 
account all removal work and capped areas in the Carr Fork Landfill 
Area, TVRR, and the Conservation Area; selects the implementation of 
institutional controls and monitoring as needed to protect the 
integrity of the previously completed removal and reclamation actions; 
and concludes that no further remedial construction is necessary.

Remedial Action Objectives

    Remedial Action Objectives (RAO) for the Conservation Area, the 
TVRR grade area, and Pine Canyon were achieved as a result of the 2006 
Conservation Area Removal Action, the 2004 and 2005 Pine Canyon/Lincoln 
residential Removal Action and the TVRR Removal Action completed in the 
summer of 2005.
    The RAOs identified for the Site consisted of the following:
    1. For human and ecological receptors, prevent direct contact/
ingestion with soil having lead and/or arsenic concentrations in excess 
of cleanup levels identified for the Site, and
    2. For human and ecological receptors, protect water quality in 
stream by minimizing migration of soil with lead and/or arsenic 
concentrations above cleanup levels into streams.
    RAOs were not necessary for surface and ground water and sediments 
since these media did not pose a risk to human health and the 
environment. RAOs for groundwater were not necessary.

Response Actions

    The findings of the Record of Decision indicate that the Removal 
Actions performed at the Site have addressed all contamination that 
exceeds clean up goals set for the Site.

Cleanup Goals

     Residential area soils do not exceed 580 mg/kg lead and 
100 mg/kg arsenic
     Conservation area soils do not exceed 8,000 mg/kg lead and 
900 mg/kg arsenic.
     TVRR Town and School Section soils do not exceed 580 mg/kg 
lead and 100 mg/kg arsenic.

[[Page 49328]]

     TVRR Extension Section soils do not exceed 2,300 mg/kg 
lead and 900 mg/kg arsenic.

Operation and Maintenance

    Operation and maintenance of the Site is conducted by UDWR and ARCO 
in accordance with the Long Term Operation and Maintenance Plan (O&M 
Plan 2010). ARCO is responsible for O&M at the Site. Fence posts and 
wire will be repaired and replaced as necessary to maintain security of 
the Site. This is especially important to prevent motorized vehicles 
from accessing the Site and damaging the cover.

 Adequate signage has been placed (and will be replaced as 
necessary) around the perimeter Site fence to instruct the public 
regarding prohibited Site activities.
 An annual inspection is conducted at the Site in May of each 
year (after spring runoff season). The inspection includes a 
photographic record and looks at:
    [cir] Vegetation loss or obvious stressed areas (seed and 
fertilizer is placed as necessary)
    [cir] Vandalism of fences or signs, or other evidence of 
unauthorized trespassing
    [cir] Condition of culverts
    [cir] Erosion or other damage to the protective soil cover
    [cir] Erosion of channels or other storm water drainage control 
structure
 Items found deficient during the inspections will be corrected 
to protect the remedy at the Site as outlined in the O&M Plan

    Monitoring will be required for all three areas of the Site. 
Monitoring by ARCO will consist of inspecting the integrity of the 
caps, covers and storm water controls on an annual basis. The UDWR will 
conduct day to day surveillance as dictated in the Long Term Operations 
and Maintenance Plan and Conservation Easement. Groundwater monitoring 
will be conducted at the Conservation Area to ensure that the former 
smelter area does not become a source of groundwater contamination in 
the future.

Institutional Controls

    ARCO will assist the TCHD in administering the institutional 
controls, which regulate the development of land within an overlay zone 
in Pine Canyon where soils could potentially have elevated 
concentrations of lead and/or arsenic. This includes providing 
information and review if necessary, of sampling and analysis plans 
prepared by land developers. Institutional controls will be monitored 
to ensure that they remain in place and serve their intended purposes.

Five-Year Review

    In accordance with CERCLA Sec.  121 (c), the Site is subject to 
statutory five-year reviews since hazardous substances, pollutants, or 
contaminants remain on Site above levels that allow for unlimited use 
and unrestricted exposure. The first statutory five-year review will be 
conducted in September 2012.

Community Involvement

    Shortly after the Site was listed on the NPL, an information 
repository containing the Administrative Record and other information 
about the Site was established in 2000 at the Tooele Public Library, 
128 West Vine Street, Tooele, Utah, and at the Superfund Records Center 
at EPA Region 8 in Denver. The UDEQ has numerous files and information 
related to this Site, which are available to the public upon request; 
however, the UDEQ is not considered an information repository for the 
Site.
    EPA and UDEQ completed a community involvement plan for the Site in 
November 2001. This plan outlined methods to enhance understanding and 
communication so that those impacted can become more informed about the 
Site activities and be part of the decision making process. The plan 
was based primarily on discussions with residents, local officials and 
business leaders, and it enlisted the support of local groups, 
individuals and elected officials to collect and distribute 
information.
    An informal community advisory group was formed shortly after the 
Site was placed on the NPL. Meetings have been a joint effort between 
the EPA, UDEQ, TCHD and citizens, and include a citizen co-chair. 
Notices about the meetings and the proposed agenda are mailed and e-
mailed to citizens in advance of all meetings. Information is also 
placed in the Tooele Transcript's event section known as the Bulletin 
Board.
    EPA and UDEQ have maintained regular contact with members of the 
community and implemented a variety of community relations activities 
as new information about the Site has become available. This has 
included holding public meetings; distributing fact sheets, brochures 
and flyers; meeting with community members and local officials; 
developing and maintaining an EPA Web fact sheet; and sharing 
information with the local media. The EPA and UDEQ supported the TCHD 
in conducting a survey with residents about the Site in 2001. EPA also 
worked with the County to develop a brochure that was distributed to 
residents in 2002.
    EPA developed and distributed a fact sheet in June 2004 to alert 
residents of soil sampling activities. The fact sheet included 
questions about health effects of lead and arsenic in soil and included 
tips to reduce exposure. It also informed the community of the County's 
services for free blood testing.
    The remedial investigation, feasibility study reports and the 
proposed plan, were released to the public for comment on June 16, 
2007. These documents were made available to the public in both the 
Administrative Record and the informational repository described above. 
In addition, approximately 100 copies of the proposed plan were mailed 
to citizens in the neighborhoods adjacent to the Site. The notice of 
availability for the proposed plan was published in the Tooele 
Transcript on June 14, 2007. A public comment period on the proposed 
plan was held from June 16, 2007 to July 16, 2007.
    A public meeting was held on June 26, 2007, at the TCHD regarding 
the proposed plan for the Site. At this meeting, representatives from 
EPA and UDEQ answered questions about the current condition of the 
Site, the remedial alternatives under consideration and the preferred 
alternative. Several community members, including the co-chair of the 
community advisory group, expressed support for the preferred 
alternative and there were no objections to the preferred alternative. 
EPA did not receive any written comments during the comment period.

Determination That the Site Meets the Criteria for Deletion in the NCP

    Four Removal Actions have been completed at the Site. The Record of 
Decision concluded that the removals satisfied all remedial 
requirements at the Site.
    The Region has followed the procedures required by 40 CFR 
300.425(e) as follows:
    1. Responsible parties or other persons have implemented all 
appropriate response actions required.
    2. The state of Utah, through the Utah Department of Environmental 
Quality has concurred in the deletion of the Site on August 25, 2010.
    3. A Notice of Intent to Delete has been published in the local 
newspaper.
    4. Information supporting the proposed deletion has been made 
available in the information repository for the Site.

[[Page 49329]]

V. Deletion Action

    The EPA, with concurrence of the state of Utah through the Utah 
Department of Environmental Quality (UDEQ), has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, monitoring and five-year reviews have been completed. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective 45 days from the date of this publication in the Federal 
Register unless EPA receives adverse comments within 30 days from this 
publication in the Federal Register. If adverse comments are received 
within the 30-day public comment period, EPA will publish a timely 
withdrawal of this direct final Notice of Deletion before the effective 
date of the deletion, and it will not take effect. EPA 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. There will be no additional opportunity to comment.

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 control, Water supply.

    Dated: August 3, 2011.
James B. Martin,
Regional Administrator, Region 8.

    For the reasons set out in this document, 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.


0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
for ``International Smelting and Refining'', ``Tooele'', ``UT''.

[FR Doc. 2011-20291 Filed 8-9-11; 8:45 am]
BILLING CODE 6560-50-P