[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Proposed Rules]
[Pages 38672-38675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16772]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9981-92-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Eureka Mills Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a Notice of Intent to Delete the Eureka Mills Superfund Site (Site) 
located in Eureka, Utah, from the National Priorities List (NPL) and 
requests public comments on this proposed action. 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). The EPA and the State of Utah, through the Utah 
Department of Environmental Quality (UDEQ), have determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance and five-year reviews (FYR), have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: Comments must be received by September 6, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2002-0001 by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Mail: Armando Saenz, Remedial Project Manager, U.S. EPA, 
Region 8, Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-
1129.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2002-0001. The http://www.regulations.gov website 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 email comment directly to EPA without going through http://www.regulations.gov, your email 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket

[[Page 38673]]

materials are available either electronically in http://www.regulations.gov or in hard copy at: Eureka City Hall, 255 W Main 
Street, Eureka, UT 84628; Phone: (435-433-6915); Hours: M-Fri: 8:30 
a.m.--5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Armando Saenz, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, EPR-SR, 
Denver, CO 80202, (303) 312-6559, email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 8 announces its intent to delete the Eureka Mills 
Superfund Site from the NPL and requests public comment on this 
proposed action. 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 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 40 CFR 300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial actions if future 
conditions warrant such actions.
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) days after publication of this document in the Federal 
Register.
    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 Eureka Mills Superfund Site 
and demonstrates how it meets the deletion criteria.

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 in 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 before developing this Notice of 
Intent to Delete.
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) The State of Utah, through the UDEQ, has concurred with 
deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in the 
local Eureka Review Newsletter. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (6) 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.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
Site information repositories listed above.
    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 Intended Site Deletion

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

Site Background and History

    The 450-acre Eureka Mills Superfund Site (UT0002240158) encompasses 
much of Eureka. The town is situated in a southwest trending valley on 
the west side of the East Tintic Mountains in Juab County about 80 
miles southwest of Salt Lake City, Utah. The town was founded in 1870 
upon the discovery of a high-grade mineralized outcrop containing 
silver, lead, gold, copper and arsenic. The area was extensively mined 
until 1958. Because of extensive mining activities, numerous mine waste 
piles were formed and spread throughout the town (including residential 
areas).
    Investigations of the impacts from historic mining activities in 
Eureka began in 2000. Based on the results of initial blood lead 
testing and soil sampling, EPA and the State initiated an extensive 
blood lead testing program for Eureka residents in the summer of 2000. 
In addition, EPA's Emergency Response Program initiated an extensive 
soil sampling program of residential properties and mine waste areas.
    During the 2001 and 2002 construction seasons, EPA's Emergency 
Response Program conducted an emergency removal action on 69 
properties. The action consisted of removing and replacing up to 18 
inches of soil high in lead content on each property. The properties 
were selected based on soil lead levels greater than 3000 ppm and/or a 
child living in the home with a blood lead level greater than 10 [mu]g/
dL. The Site was proposed

[[Page 38674]]

for the NPL on June 14, 2001 (66 FR 32287) and finalized on September 
5, 2002 (67 FR 56757).

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS began in 2000 and was completed in 2002. Samples 
confirmed that metals were present in mine waste piles, residential/
non-residential soils and within the interiors of some residences/
commercial buildings. Over 4,205 soil samples were collected from 505 
residential/commercial properties. One hundred residential properties 
contained surface soil lead in concentrations greater than 3,000 ppm. 
An additional 350 residential properties showed surface soil lead 
concentrations at levels between 231 and 2,999 ppm. Samples were also 
collected from mine waste piles and areas with future development 
potential. Lead concentrations within the waste pile material ranged 
from 1,000 ppm to 47,806 ppm. Lead in areas with future development 
potential ranged from 325 ppm to 15,000 ppm.
    The Baseline Human Health Risk Assessment (BHHRA) was completed in 
2002 and evaluated the current/future risks to human health associated 
with elevated concentrations of metals in soils and mine waste within 
the Site. Lead was found to be the primary soil contaminant of concern 
(COC) and other soil COCs (antimony, arsenic, mercury, silver and 
thallium) were found to be co-located with lead.

Selected Remedy

    An interim ROD (September 2002) for Operable Unit (OU) 00 addressed 
the public health actions to reduce the immediate exposure of residents 
(particularly, children under the age of 7 years) to lead from soil/
dust in the environment prior to the implementation of the final remedy 
for the soils and mine wastes. Five OUs were designated for the Site:
00--Entire Site including the residential/commercial areas
01--May Day Shaft, Godiva Shaft and the Godiva Tunnel
02--Bullion Beck Mine/Mill and Gemini Mine Waste Piles
03--Central Eureka Mining Areas
04--Ecological Risk Assessment, Groundwater and Surface Water
    With the completion of the BHHRA and RI/FS in 2002, EPA issued the 
final Site remedy for the soils and mine waste areas found to pose an 
imminent/substantial endangerment to public health in the September 
2002 ROD for OUs 00-03. Lead was found to be the primary soil COC and 
other soil COCs (antimony, arsenic, mercury, silver and thallium) were 
co-located with lead. The health based clean-up levels specified in the 
ROD were 231 ppm lead in soils for residential use and 735 ppm lead in 
soils for recreational use.
    The Remedial Action Objectives were:
     Prevent exposure of children to lead in surface soil 
within current residential properties, vacant properties interspersed 
among residential properties, and commercial properties at the Site 
where soil is determined to be the source of lead and the ingestion of 
soil is predicted to result in a greater than 5% chance that an 
individual child or a group of similarly exposed children will have a 
blood lead level greater than 10 [mu]g/dL.
     Prevent exposure of adolescents/adults engaging in 
recreational activities to lead in surface soil within discrete mine 
waste piles and non-residential properties (areas currently used for 
recreation but could be proposed for future development) where 
ingestion of soil is predicted to result in a greater than 5% chance 
that an individual or a similarly exposed group will have a blood lead 
level greater than 11.1 [mu]g/dL.
     The final remedy included the following components:
     Cleanup of 691 residential and commercial properties with 
lead in soil concentrations greater than the action level. The cleanup 
generally consisted of removal of 18 inches of soil, placement of a 
marker barrier at 18 inches to define contaminated soil below and 
construction of an 18-inch cap consisting of soil with a vegetative 
cover or rock materials;
     Capping of 13 mine waste piles near Eureka that posed a 
human health risk with an 18-inch cap of vegetated soil or rock;
     Construction of a disposal cell (open cell) for 
contaminated soils that may be excavated during future development 
activities;
     Implementation of institutional controls in the form of 
(1) proprietary controls in the form of easements or environmental 
covenants and; (2) local governmental ordinances to control excavation 
activities that could disturb contaminated materials; and,
     Conducting public health actions, including information 
programs, periodic blood lead testing of children, and a program for 
evaluating sources of indoor lead exposure.
    The 2002 ROD for OUs 00-03 did not address the groundwater, surface 
water and ecological pathways because of the urgency to address actual 
exposures to lead contaminated soils evident in blood lead tests Eureka 
children. EPA conducted an RI for the surface water/groundwater from 
2007 to 2009. Analysis of surface water samples collected during the RI 
met the Utah State Criteria for agricultural and recreational use. No 
groundwater impacts were found from historical mining that presented a 
concern for human health. In addition, samples from drinking water 
wells showed consistently high-quality water with no metals exceeding 
Maximum Contaminant Levels (MCLs). An ecological risk assessment 
(conducted from 2009 to 2010) concluded that, while there was a small 
risk to certain avian species, addressing the associated contamination 
would result in the destruction of valuable habitat for other avian 
species/wildlife not at risk. A No Action ROD for OU O4 was issued in 
September 2011 for the groundwater, surface water and ecological 
pathways.
    In summary, the three RODs for the Site are as follows: (1) Early 
Interim Action ROD for Operable Unit 00 at the Eureka Mills Site 
(September 30, 2002); (2) ROD for Lead-Contaminated Soil, Operable Unit 
00-03 at the Eureka Mills NPL Site (September 30, 2002); and (3) Eureka 
Mills OU 4 Groundwater, Surface Water and Ecological Risk ROD 
(September 21, 2011).

Response Actions

    The remedial design (RD) was completed in May 2003 and the remedial 
action (RA) began in August 2003 and was completed in October 2010. 
Most of the RA activities were performed by EPA with the assistance 
from the United States Army Corps of Engineers (USACE) under an 
interagency agreement. The USACE oversaw all work performed by its 
contractors and provided monthly progress reports. The monthly progress 
reports documented the work completed, problems encountered and their 
resolution, upcoming work and invoices submitted for payment during the 
reporting period. Potentially responsible parties (mine owners/
operators) performed portions of the RA and provided materials and 
resources for other RA tasks.
    Because the duration of the RA extended over an eight-year period 
with multiple parties performing the RA work, pre-final/final 
inspections were conducted throughout the remedial action as specific 
portions of the Site were completed. Each PRP prepared a RA report 
after its work which was then reviewed by EPA and UDEQ and approved by 
EPA. EPA prepared annual RA reports documenting the work completed 
during the year which were reviewed and concurred on by UDEQ.
    The OU 00 RA for residential cleanup began in August 2004, and was

[[Page 38675]]

completed in September 2010. EPA and UDEQ conducted inspections of the 
residential cleanup on a continual basis during each construction 
season from 2004 through 2010. Punch list items identified during the 
residential inspections were minor and immediately addressed. The 
remedial activities of the residential cleanup were summarized in each 
annual RA report.
    The surface runoff control features were designed to conform to the 
Federal Emergency Management Agency's (FEMA) revised Flood Insurance 
Rate Map. The initial hydrologic studies for the mapping were jointly 
conducted by FEMA and EPA in 2003. Following the completion of the RA 
and the surveying of the constructed drainages, EPA (on behalf of 
Eureka) submitted a letter to FEMA requesting revisions to the 2004 
Flood Insurance Rate Map. FEMA approved the revisions in a letter dated 
May 12, 2011.
    Construction completion for the Site was achieved with the signing 
of the Preliminary Close Out Report (PCOR) and RA Report on September 
21, 2011.

Operation and Maintenance

    The O&M Plan and O&M Manual for the Site were approved on July 31, 
2009 as attachments to the amended State Superfund Contract (SSC). The 
O&M Plan outlines the responsibilities of UDEQ and the City of Eureka 
for the O&M of the remedy at the Site including the implementation of 
ICs and operation of the open cell. The remedy was determined to be 
Operational and Functional on July 18, 2011 by EPA and the State of 
Utah assumed responsibility for O&M pursuant to the O&M Plan.
    The O&M Manual defines the maintenance tasks--inspection schedule, 
operation of the open cell and any material specifications for erosion 
repairs, etc. The O&M Manual includes the ``as-built'' drawings of the 
Response Action Structures (RASs) and individual inspection sheets for 
each RAS. In addition, the O&M Manual includes the survey descriptions 
and drawings of the RASs attached to the environmental covenants filed 
on each affected parcel.
    The final remedy requires ICs because contaminated materials remain 
at the Site above levels that allow for unlimited use and unrestricted 
exposure. The ICs at the Site include environmental covenants and a 
local excavation ordinance.
    Environmental covenants (ECs) were filed for each land parcel 
wholly or partially within the footprint of each RAS. RASs include the 
capped mine waste piles, drainage control features (sedimentation 
ponds/constructed drainages) and access roads. Filed by the property 
owner (usually a PRP), the ECs limit the type of land uses on RASs. 
Uses that could compromise the integrity of the remedy are prohibited. 
The ECs prohibit any disturbance or alteration of the RASs without 
prior approval by EPA/UDEQ and require compliance with Eureka's 
excavation ordinance. Future property owners will have to comply with 
the requirements of the ECs given that the ECs run with the land.
    In October 2010, Eureka adopted a local ordinance that governs 
excavation activities in areas that have been remediated but not 
developed. Undeveloped areas were not remediated at the time of the RA 
because of thick vegetation (and limited exposure to contaminated 
soils). The 00-03 ROD determined that the most appropriate time to 
remediate undeveloped areas would be during development. The ordinance 
requires property owners to obtain a permit for certain excavation 
activities defined as ``restricted activities.'' All contaminated 
materials displaced during excavation must either be disposed at the 
open cell or be capped with 18 inches of clean topsoil/road base 
material or capped with a structure or paved surface (minimum 2-inch 
hard cover surface). UDEQ provides technical/financial support to 
Eureka for the administration and enforcement of the ordinance through 
a funding agreement.

Five-Year Review

    Statutory Five-Year Reviews (FYR) of the Site are required because 
hazardous substances remain on-Site above levels which allow for 
unlimited use and unrestricted exposure. The last FYR Report was signed 
on July 17, 2018 and found that, because the remedial actions at all 
OUs are protective, the remedy implemented at the Site is protective of 
human health and the environment. There were no issues/recommendations. 
The next five-year review is scheduled to be completed by July 2023.

Community Involvement

    Since the implementation of the final Site remedy, there has not 
been any significant public/congressional interest. There have been no 
expressions of health/environmental concerns with the remedy.
    Community involvement activities associated with the most recent 
FYR included a public notice published in the Eureka Review Newsletter 
on March 1, 2018 and stakeholder interviews to discuss the review and 
address concerns or issues with the Site. The interviews were conducted 
from March 1 through April 15, 2018 and included representatives from 
the Eureka City Council, Eureka City Officials and surrounding property 
owners.
    None of the interviewees expressed any health or environmental 
concerns with the remedy and felt the remedy remains protective. The 
City of Eureka expressed concerns about issues that are not remedy-
related such as problems with sewer/water lines, roads, drainage areas 
and historic head frames. Property owners either approved of the 
necessity of a cleanup for a healthy community or disapproved of the 
rock appearance extensively used for cover of mine waste areas. The 
interviewees approved of EPA's proposal and State concurrence to delete 
the Site from the NPL by the end of the federal fiscal year 2018.

Determination That the Site Meets the Criteria for Deletion

    This Site meets all the completion requirements as specified in the 
OSWER Directive 9320.2-22, Close Out Procedures for National Priorities 
List Sites. All remedial activities at the Site are consistent with 
agency policy and guidance. The only remaining CERCLA activities to be 
performed at the Site are O&M and five-year reviews. No further 
Superfund responses are needed to protect human health and the 
environment at the Site.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of Utah, has determined that all required 
response actions have been implemented and no further response action 
is appropriate.

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.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: July 30, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-16772 Filed 8-6-18; 8:45 am]
BILLING CODE 6560-50-P