[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2116-2121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01318]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1999-0010; FRL-9988-92-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Vasquez Boulevard and 
I-70 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 Operable Unit 1 (OU1) of the Vasquez 
Boulevard and

[[Page 2117]]

I-70 Superfund Site (Site) located in the City and County of Denver, 
CO, 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). 
EPA and the State of Colorado (State), through the Colorado Department 
of Public Health and the Environment (CDPHE), 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.
    This partial deletion pertains only to OU1, the residential portion 
of the Site. Operable Unit 2 (OU2) and Operable Unit 3 (OU3) will 
remain on the NPL and are not being considered for deletion as part of 
this proposed action.

DATES: Comments must be received by March 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1999-0010 by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. 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 https://www.epa2.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Mail: Jesse Avil[eacute]s, 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-
1999-0010. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or email. The https://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 https://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 https://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 hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at: U.S. Environmental 
Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO, (303) 
312-7279, Monday to Friday, 9:00 a.m. to 4:00 p.m., excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Jesse Avil[eacute]s, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, EPR-SR, 
Denver, CO 80202, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA announces its intent to delete OU1 of the Vasquez Boulevard and 
I-70 Superfund Site (Site) from the National Priorities List (NPL) and 
requests public comment on this proposed action. OU1 is the residential 
portion of the Site. 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). 
This partial deletion of OU1 of the Site is proposed in accordance with 
40 CFR 300.425(e) and is consistent with the Notice of Policy Change: 
Partial Deletion of Sites Listed on the National Priorities List. 60 FR 
55466 (Nov. 1, 1995). As described in section 300.425(e)(3) of the NCP, 
a portion of a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions warrant such actions.
    EPA will accept comments on the proposal to partially 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 OU1 of the 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 has 
been met:
    (1) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (2) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or

[[Page 2118]]

    (3) 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 OU1 of the Vasquez 
Boulevard and I-70 Superfund Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent for Partial Deletion.
    (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 Colorado, through the CDPHE, has concurred with 
deletion of OU1 of the Site, from the NPL.
    (5) Concurrently with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in the Denver Post. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent for Partial Deletion of 
the Site from the NPL.
    (6) EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket, made these items available for public 
inspection, and copying at the Site information repositories identified 
above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond to the comments before making a 
final decision to delete OU1. 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 OU1 of the Site, the Regional Administrator 
will publish a final Notice of Partial 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 included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
OU1 of the Vasquez Boulevard and I-70 Superfund Site from the NPL:

Site Background and History

    The Vasquez Boulevard and I-70 Superfund Site (CO0002259588) covers 
approximately 4.5 square miles located in the north-central section of 
the City and County of Denver, Colorado. Historically, the Site and the 
area around the Site was a major smelting center for the Rocky Mountain 
West. The Omaha & Grant Smelter, the Argo Smelter, and the ASARCO Globe 
Smelter all previously operated in the area refining gold, silver, 
copper, lead, and zinc.
    The Site was placed on the NPL in 1999 due to metal contamination 
associated with historical smelter operations. The proposed listing 
occurred on January 19, 1999 (64 FR 2950) and the final listing 
occurred on July 22, 1999 (64 FR 39878). The primary contaminants of 
concern are lead and arsenic. Subsequent investigations revealed that 
arsenic contamination might also be present as a result of application 
of lawn care products.
    EPA divided the Site into Operable Units. OU1 is OU-Facility 
(Residential) Soils of Site. There are approximately 4,470 residential 
properties (most of which are single-family homes), 10 schools and 7 
parks located in OU1. However, multifamily and commercial/industrial 
properties also exist in OU1. According to the 2010 census, 
approximately 16,262 people live within OU1, including approximately 
2,700 children under the age of 6.
    OU1 encompasses approximately four largely residential 
neighborhoods in north-central Denver: Swansea, Elyria, Clayton, and 
Cole. OU1 also includes the southwest portion of the Globeville 
neighborhood and the northern portion of the Curtis Park Neighborhood. 
These neighborhoods are located to the east of the former Argo Smelter 
(OU3) and the former Omaha and Grant Smelter (OU2), as well as the 
ASARCO Globe Smelter (AGS) Site. The AGS site is adjacent to OU1 and 
was addressed under a State consent decree with the ASARCO Multi-State 
trust and encompasses all of the Globeville neighborhood except the 
southwest portion of the neighborhood which was included in OU1 
instead. The AGS site is currently addressed, since 2014, under an 
agreement with Globeville I, LLC.
    OU2 is defined as the area where the former Omaha & Grant Smelter 
operated. OU2 is located between 42nd Avenue and St. Vincent Street, 
north of Brighton Boulevard and south of Interstate 70 and the existing 
Denver Coliseum, in Denver Colorado. OU3 is defined as the area where 
the former Argo Smelter operated and is bounded by 48th Avenue on the 
north, 46th Avenue on the south, Broadway Street on the east, and Huron 
Street on the west. Each operable unit has a unique physical location 
and historic operation. Thus, actions at one operable unit have been 
taken independently of actions at other portions of the Site. EPA has 
not selected remedies for OU2 and OU3, and the remedial investigations 
for these operable units are still in progress.

Remedial Investigation and Feasibility Study (RI/FS)

    In 1997, CDPHE began a limited soil sampling program for OU1 in the 
Elyria and Swansea neighborhoods, located just east of the Globeville 
neighborhood, across the South Platte River. These results indicated 
that high concentrations of arsenic and lead in soil extended beyond 
the Globeville neighborhood. Accordingly, CDPHE requested EPA's 
assistance in immediately responding to the elevated levels of arsenic 
and lead in soil found in the Elyria and Swansea neighborhoods.
    In 1998, EPA mobilized a team under its Emergency Response Program 
to conduct an extensive soil sampling effort and time-critical removal 
action for the houses in OU1 where soil concentrations posed immediate 
health risks to residents. The response action consisted of 3 phases. 
Phase I sampling occurred during March and April 1998. A minimum of 3 
grab samples were collected from each property where EPA

[[Page 2119]]

obtained access; 2 samples from the surface and 1 from the subsurface. 
EPA also collected soil samples from all schools and parks located 
within the initial study area. Samples were collected from locations 
judged to present a high potential for exposure relative to other areas 
of the property (for example, at bare spots within the yard) and were 
analyzed for arsenic, lead, cadmium, and zinc. From the Phase I data, 
EPA identified 37 properties as potentially requiring a time-critical 
removal action.
    The Phase II sampling occurred in July and August 1998. Additional 
soil samples were collected from any residential properties that had a 
maximum surface soil concentration equal to or greater than 450 parts 
per million (ppm) for arsenic or 2,000 ppm for lead (i.e., time-
critical removal action candidates). EPA's removal team revisited these 
residential properties and collected a 5-point composite sample from 
the front yard and a second 5-point composite sample from the backyard 
of each property. Arsenic and lead levels in these samples were 
measured, and any property with one or more composite samples exceeding 
the removal action levels for either arsenic or lead was identified for 
soil removal. In all, EPA sampled 1,393 properties as part of the Phase 
I and II programs. From the Phase II sampling results, EPA identified 
143 properties as requiring a soil cleanup.
    Based on the results of the Phase I and Phase II sampling programs, 
EPA determined that numerous residential properties within the Site 
contained concentrations of arsenic or lead at levels that could 
present unacceptable health risks to residents with long-term 
exposures. EPA placed the Site on the NPL on July 22, 1999 (64 FR 
39878).
    EPA began Phase III/RI activities in August 1998 while time-
critical removal action activities were in progress. During the public 
comment period on the proposed NPL listing of the Site, the potentially 
responsible party, ASARCO, submitted information stating that the 
source of the arsenic in residential soil may be lawn care products 
that were readily available for residential use in the Rocky Mountain 
Region and elsewhere in the west in the 1950s and 1960s. These products 
were legally formulated with arsenic trioxide and lead arsenate to be 
effective in controlling crabgrass. ASARCO specifically identified PAX 
3-year Crabgrass Control, available from the 1950s until the early 
1970s. The product is no longer available commercially. Also, efforts 
began to investigate the source of the arsenic and lead in residential 
soils. Toward that end, EPA used its CERCLA section 104(e) information 
gathering authority to acquire a 6-ounce sample of the PAX 3-year 
Crabgrass Control product from Martin Resources, a company that 
acquired the company that had manufactured PAX. Tests on the PAX sample 
formulation provided by Martin Resources were helpful to EPA, but by 
themselves proved inconclusive to determine whether all arsenic and 
lead found in the VB/I-70 residential soils derived from pesticides or 
smelter emissions, or both.
    To assess ASARCO's concerns, EPA's Phase III/RI activities focused 
on collecting necessary information to accurately characterize exposure 
and risk to residents at the Site to support a quantitative baseline 
human health risk assessment and remedial risk management decisions. 
EPA Phase III concluded remedial investigation activities in November 
2000. This sampling program supported the physio-chemical 
characterization of soils, the baseline human health risk assessment, 
and soil sampling of additional properties. During Phase III, 3,007 
properties were sampled, including the re-sampling of properties 
sampled during Phases I and II. As part of the Phase III remedial 
investigation, sampling was conducted at discreet soil depths to 
evaluate where the highest soil concentrations occurred. The evaluation 
determined that soil concentrations were highest in the uppermost 2 
inches of the soil profile, and supported soil removal down to a 1-foot 
depth limit. Based on the phase III data, 30 additional properties were 
identified for time-critical soil removal.

Response Actions

    Soil removals in residential yards began with the time-critical 
removal action in 1998, continued with the subsequent non-time-critical 
removal action in 2003, then the remedial action began in 2004. In 
September 1998, EPA issued an Action Memorandum that established the 
basis for conducting a time-critical removal action. The Action 
Memorandum required that soil be removed and replaced at any property 
with an average arsenic soil concentration greater than 450 ppm and/or 
lead soil concentration greater than 2000 ppm. These removal ``action 
levels'' were chosen to protect young children from adverse health 
effects related to short-term (sub-chronic) exposure. EPA conducted 
soil removals at 18 properties in October and November of 1998.
    On March 6, 2003, EPA issued an Action Memorandum that established 
the basis for conducting a non-time-critical removal action. The Action 
Memorandum required the removal and replacement of soil at any property 
that had an arsenic soil level greater than 240 ppm and/or lead soil 
levels greater than 540 ppm. These ``action levels'' were determined 
from the baseline risk assessment to address the properties that 
presented the highest risk of adverse health effects to children and 
adult residents. From the Phase III sampling results, EPA identified 
143 properties as requiring a soil cleanup, and in 2003, EPA conducted 
cleanups at 133 of these properties. The properties not addressed by 
this non-time-critical removal action were included in the list of 
properties to be addressed by the remedial action under the OU1 record 
of decision (ROD).

Selected Remedy

    EPA and CDPHE signed the ROD (2003 OU1 ROD) detailing the final 
remedy for OU1 on September 25, 2003. The selected remedy for OU1 
consisted of 3 components to address lead and arsenic contamination in 
residential soils: Soil sampling, soil removal, and a community health 
program. Additionally, the 2003 OU1 ROD provided an informational 
institutional control through the community health program. The 
community health program ended in 2008. An explanation of significant 
differences (2014 ESD) modifying the selected remedy for OU1 was signed 
on September 30, 2014. The 2014 ESD added institutional controls for 
the residential properties where EPA was unable to secure access for 
sampling and/or soil removal.
    As identified in the 2003 OU1 ROD, the remedial action objectives 
(RAOs) for arsenic in soil are:
     For all residents of the Site, prevent exposure to soil 
containing arsenic in levels predicted to result in an excess lifetime 
cancer risk associated with ingestion of soil which exceeds 1 x 
10-4, using reasonable maximum exposure assumptions.
     For all residents of the Site, prevent exposure to soil 
containing arsenic in levels predicted to result in a chronic or sub-
chronic hazard quotient (HQ) associated with ingestion of soil that 
exceeds a HQ of 1, using reasonable maximum exposure assumptions.
     For children with soil pica behavior who reside in the 
Site, reduce the potential for exposures to arsenic in soil that result 
in acute effects.
    The RAOs for lead in soil are:
     Limit exposure to lead in soil such that no more than 5 
percent of young children (72 months or younger) who live within the 
Site are at risk for blood

[[Page 2120]]

lead levels higher than 10 micrograms per deciliter ([mu]g/dL) from 
such exposure. This provides 95% confidence that children exposed to 
lead in soil will be protected.
    In 2016, EPA published a memorandum titled ``Updated Scientific 
Considerations for Lead in Soils Cleanups.'' A recent EPA review, which 
included review of the 2016 memorandum, concluded that the cleanup 
level for lead in OU1 remains appropriate.
    The 2003 OU1 ROD adjusted the action levels identified for 
conducting the non-time-critical removal actions from 240 ppm to 70 ppm 
for arsenic and from 540 ppm to 400 ppm for lead. This change was based 
on results of public comment on the initial Proposed Plan, which 
suggested that the cleanup levels for OU1 should be the same as those 
adopted by the State of Colorado for the Asarco Globe Smelter Site. The 
adjusted ROD action levels were within the range of preliminary 
remediation goals identified in the Feasibility Study Report based on 
results of the Baseline Risk Assessment.
    The major portions of the remedy were implemented from 2003 through 
2006 with a few residential properties being remediated in 2008 and, as 
explained below, a few more residential properties were remediated 
between 2012 and 2015. In the summer of 2013, a last call letter was 
sent to owners of properties not previously sampled. In the period from 
1999 to 2015, 4,445 properties were sampled with 814 properties being 
remediated. Soil removals occurred at properties that had arsenic soil 
concentrations greater than 70 ppm or that had lead soil concentrations 
greater than 400 ppm consistent with the 2003 OU1 ROD. For properties 
where soil removal was conducted, all accessible soils were removed to 
a depth of 12 inches. Since the contamination was only found in the top 
3-6 inches, EPA considered excavation to 12 inches to be adequate for 
removing all lead and arsenic contamination in the soils. The excavated 
areas were backfilled with clean soil, and pre-remediation yard 
features were restored to the extent practicable, in consultation with 
the property owner. At the homeowner's request, flower beds and 
vegetable gardens were sampled individually. If the concentrations of 
lead and arsenic in the flower beds or vegetable gardens were found to 
be below the action levels, then soil removal was not required in these 
areas. This was the only situation where a partial soil removal 
occurred at a property. If sprinkler systems were present, the system 
was removed and reinstalled.
    During the 2003 through 2008 period, all excavated soils were 
transported to the ASARCO Globe Plant where they were used as capping 
and fill material in implementing the selected remedy at the ASARCO 
Globe Plant Site. The ASARCO Globe Plant Site is managed by CDPHE under 
a program similar to Superfund. The remedy at that site included 
managing the soils from OU1 at the onsite repository. The repository 
was later capped.
    EPA considered the construction phase of the OU1 remedy complete in 
2008. The Remedial Action Report Addendum that covered soil sampling 
and removal activities as part of the remedial action was produced in 
August 2008. However, as part of the ``last call effort,'' more 
sampling and residential cleanups were performed between 2012 and 2015; 
a final Remedial Action Report was signed on February 22, 2017 to 
include this work. Maps of the operable unit boundaries and information 
on the cleanup activities can be found in this report.
    The community health program was developed to raise awareness in 
the community about lead and arsenic hazards and was designed to 
complement the soil cleanups. The community health program was a unique 
program designed by local, federal and state government representatives 
and community leaders. It was developed in consultation with an 
advisory stakeholder group for the Site and implemented by the City and 
County of Denver. Funded by EPA and the State, the City and County of 
Denver administered the program, which included door-to-door visits 
from community members trained to provide education to area residents 
on the hazards of lead, arsenic and other environmentally-related 
topics. The program provided opportunities for parents to have their 
children tested for lead or arsenic exposure. The community health 
program consisted of two activities, providing biomonitoring services 
for children and conducting community outreach.
    Biomonitoring: The primary goal of the biomonitoring program was to 
test young children and pregnant women to determine if they had been 
exposed to lead and/or arsenic. This was accomplished through the 
following tasks:

 Establishing and staffing periodic testing clinics in each 
neighborhood
 Collection and analysis of biomonitoring samples
 Reporting results to each participant
 Recommendations to parents for environmental and medical 
follow-up actions, if needed.

    Thirty-eight clinics were held between November 2004 and October 
2006. During this time, 661 individuals participated in the 
biomonitoring program. Health officials identified twenty children with 
elevated blood lead above 10 [micro]g/dL, and 94 children were 
identified with elevated blood lead concentrations; i.e., 
concentrations ranging from 5-10 [micro]g/dL. The 10 [micro]g/dL value 
was adopted from EPA's OSWER Directive 9355.4-12, July 14, 1994, which 
determined that, in Superfund site cleanups, EPA will attempt to limit 
exposure to soil lead levels such that a typical (or hypothetical) 
child or group of similarly exposed children would have an estimated 
risk of no more than 5% of exceeding a blood lead level of 10 [micro]g/
dL. The parents of children found with elevated blood lead 
concentrations were referred to organizations that were able to follow-
up with the family on environmental and medical issues.
    In addition, in accordance with the Community Health Program 
requirements in the ROD for lead, exterior lead-based paint assessments 
were conducted at all properties where soil was removed due to elevated 
lead concentrations. A total of 297 properties met the criteria for 
lead-based paint assessments. During the assessment, all structures 
including garages, fences, and sheds with chipping and peeling paint 
were tested for lead-based paint. If EPA determined that there was 
peeling lead-based paint on the property sufficient to cause 
recontamination of the soil above the action level, then EPA performed 
an exterior lead-based paint abatement at the property. As a result of 
the assessments conducted, 120 homes received exterior lead-based paint 
abatements. This work was performed in accordance with the Colorado 
``Regulation No. 19, Lead-Based Paint Abatement.''
    Community Outreach: The City and County of Denver conducted 
community outreach using a door-to-door canvassing outreach model, 
utilizing community health workers to provide individual health 
education. The community health workers were members of the Site's 
community that the City and County of Denver trained to provide health 
information concerning lead and arsenic exposure. The community health 
workers provided information on the following:

 Health effects of lead
 Health effects of arsenic
 Soil pica behavior

[[Page 2121]]

 Soil sampling and soil removal aspects of the remedy
 Biomonitoring program.

    Community health workers conducted home visits at 94% of the homes 
within the site boundaries. In addition to home visits, outreach was 
conducted to realtors and contractors that live or work within the site 
communities by mailing them relevant information. The community health 
program concluded in 2008 with completion of the soil sampling and soil 
removal components of the OU1 remedy.

Operation and Maintenance

    Operation and maintenance activities are required for the 
institutional controls provided in the 2014 ESD. O&M activities include 
monitoring the ICs, reviewing property records for the properties that 
have either a recorded Notice of Potential Environmental Conditions or 
a recorded Notice of Environmental Conditions and preparing and mailing 
the annual informational letter. CDPHE sends the annual letters to the 
properties with a Notice of Environmental Conditions and works with the 
property owners that want to remove the notice of environmental 
conditions.
    Institutional controls were implemented in the summer of 2014 for 
69 residential properties within OU1 where the property owner denied 
EPA access to sample and/or remove soil. The ICs were incorporated into 
the OU1 remedy through the issuance of the 2014 ESD. The IC for OU1 is 
an informational IC consisting of 2 parts. The first part is either a 
Notice of Potential Environmental Conditions, for residential 
properties where EPA did not sample, or a Notice of Environmental 
Conditions for properties where EPA has sampling results showing lead 
or arsenic levels above the action levels established in the ROD but 
where cleanup was not conducted. These notices were filed with the City 
and County of Denver Clerk and Recorders Office in the title records 
and serve to notify present, prospective, and future owners of the 
potential for elevated levels of lead or arsenic in the properties' 
soils.
    The second part of the informational IC for OU1 is an informational 
letter that is sent annually to the owner of record and to the property 
address to make sure that any tenants are informed. This annual 
informational letter provides the specific information EPA has on the 
property and provides information on how to minimize exposure to 
potentially contaminated soil. ICs were implemented in June 2014, when 
EPA filed either a Notice of Environmental Conditions or a Notice of 
Potential Environmental Conditions in each properties' title file at 
the City and County of Denver Clerk and Recorder's Officer for 69 
unaddressed properties. A copy of the filed notice was sent to the 
property owner of record. Since January 2015, annual informational 
letters are sent to each owner as well as to the property address.

Five-Year Review

    Statutory Five-Year Reviews (FYRs) 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 September 30, 2014 and found that the remedy implemented at OU1 of 
the Site is protective of human health and the environment. The 2014 
FYR did not identify any issues or make any recommendations.
    The next FYR is scheduled to be completed by September 2019. FYRs 
will continue every 5 years thereafter.

Community Involvement

    Due to the high degree of public interest, the large population 
impacted by OU1, and the cultural differences among the OU1 
neighborhoods, EPA and CDPHE expanded community involvement to provide 
for extensive public input throughout the remedial process. Expanded 
public involvement included conducting a stakeholder assessment, 
establishment of a stakeholders working group, providing funding for a 
technical assistance grant, and additional public meetings and fact 
sheet mailings. All materials were provided in both Spanish and English 
and all meetings were conducted with Spanish translation services. In 
August 1998, EPA formed a Working Group of stakeholders to provide an 
open forum for discussing all technical aspects of EPA's RI/FS, risk 
assessment, ROD remedial design and remedial action. The Working Group 
addressed the Environmental Justice concern of having the community 
participate in decision making by providing direct access to decision 
makers. Through the Working Group, data and issues were discussed, 
allowing for community input into decision-making throughout the 
Superfund process.
    The stakeholders attending the Working Group meetings included 
representatives from all parties that had an interest in OU1. The 
Working Group included representatives of the City and County of 
Denver; CDPHE; the Agency for Toxic Substances and Disease Registry 
(ATSDR); ASARCO; and representatives from the four Denver neighborhoods 
included in OU1. Stakeholders also included the Clayton, Elyria, and 
Swansea Environmental Coalition (CEASE), the recipient of a Technical 
Assistance Grant from EPA.
    During the period 2012 to 2014, EPA made a concerted effort through 
letters, phone calls and neighborhood canvasing to reach the owners of 
the unaddressed properties to offer them the opportunity to have their 
properties sampled and/or cleaned up. More recently, a community 
advisory group formed to discuss response activities at OU2.

Determination That the Site Meets the Criteria for Deletion

    In accordance with the NCP at 40 CFR 300.425(e), EPA has determined 
that the response activities at OU1 are complete and the operable unit 
poses no unacceptable risk to human health or the environment. EPA also 
has determined that the implemented remedies achieve the degree of 
cleanup and protection specified in the 2003 OU1 ROD and the 2014 ESD. 
Moreover, EPA has determined that all selected removal and remedial 
action objectives and associated cleanup goals for OU1 are consistent 
with agency policy and guidance. Therefore, EPA has determined that no 
further response is necessary at OU1. EPA consulted with and has the 
concurrence of the State of Colorado on this partial deletion action.
    As such, this partial deletion meets the deletion requirements as 
specified in the National Contingency Plan at 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List (60 FR 55466 (Nov. 1, 1995) and 
OSWER Directive 9320.2-22, Close Out Procedures for National Priority 
List Sites.

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. 12580, 
E.O. 12777, E.O. 13626, 52 FR 29233, 56 FR 54757, 77 FR 56749, 3 CFR 
2013 Comp., p. 306; 3 CFR, 1991 Comp., p. 351; 3 CFR, 1987 Comp., p. 
193.

    Dated: December 20, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2019-01318 Filed 2-5-19; 8:45 am]
 BILLING CODE 6560-50-P