33276 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 

equipment and materials, storing of 

equipment or setting up temporary 

trailers to house construction 

management or staff and contractor 

personnel.; or 

(ii) Entered into binding agreements 

or contractual obligations, which cannot 

be cancelled or modified without 

substantial loss to the owner or 

operator, to undertake a program of 

actual construction of the source to be 

completed within a reasonable time. 

* * * * * 

Forestry or silvicultural activities 

means those activities associated with 

regeneration, growing, and harvesting of 

trees and timber including, but not 

limited to, preparing sites for new 

stands of trees to be either planted or 

allowed to regenerate through natural 

means, road construction and road 

maintenance, fertilization, logging 

operations, and forest management 

techniques employed to enhance the 

growth of stands of trees or timber. 

* * * * * 

■ 4. Section 49.153 is amended by: 

■ a. Revising paragraphs (a)(3)(ii) and 

(iii); 

■ b. Revising paragraphs (c) 

introductory text and (c)(3); and 

■ c. Adding paragraphs (c)(8) through 

(13). 

The revisions and additions read as 

follows: 

§ 49.153 Applicability. 

(a) * * * 

(3) * * * 

(ii) If you wish to begin construction 

of a new synthetic minor source and/or 

a new synthetic minor HAP source or a 

modification at an existing synthetic 

minor source and/or synthetic minor 

HAP source, on or after August 30, 

2011, you must obtain a permit 

pursuant to § 49.158 prior to beginning 

construction. 

(iii) If you own or operate a synthetic 

minor source or synthetic minor HAP 

source that was established prior to the 

effective date of this rule (that is, prior 

to August 30, 2011) pursuant to the FIPs 

applicable to the Indian reservations in 

Idaho, Oregon and Washington or under 

an EPA-approved rule or permit 

program limiting potential to emit, you 

do not need to take any action under 

this program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011. 

For these modifications, you need to 

obtain a permit pursuant to § 49.158 

prior to beginning construction. 

* * * * * 

(c) What emissions units and 

activities are exempt from this program? 

At a source that is otherwise subject to 

this program, this program does not 

apply to the following emissions units 

and activities that are listed in 

paragraphs (c)(1) through (13) of this 

section: 

* * * * * 

(3) Cooking of food, except for 

wholesale businesses that both cook and 

sell cooked food. 

* * * * * 

(8) Single family residences and 

residential buildings with four or fewer 

dwelling units. 

(9) Emergency generators, designed 

solely for the purpose of providing 

electrical power during power outages: 

(i) In nonattainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

500; 

(ii) In attainment areas, the total 

maximum manufacturer’s site-rated 

horsepower of all units shall be below 

1,000. 

(10) Stationary internal combustion 

engines with a manufacturer’s site-rated 

horsepower of less than 50. 

(11) Furnaces or boilers used for space 

heating that exclusively use gaseous 

fuel, with a total maximum heat input 

(i.e., from all units combined) of: 

(i) In nonattainment areas, 5 million 

British thermal units per hour (MMBtu/ 

hr) or less; 

(ii) In attainment areas, 10 MMBtu/hr 

or less. 

(12) Air conditioning units used for 

human comfort that do not exhaust air 

pollutants in the atmosphere from any 

manufacturing or other industrial 

processes. 

(13) Forestry and silvicultural 

activities. 

* * * * * 

■ 5. Section 49.158 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 49.158 Synthetic minor source permits. 

* * * * * 

(c) * * * 

(1) If your existing synthetic minor 

source and/or synthetic minor HAP 

source was established pursuant to the 

FIPs applicable to the Indian 

reservations in Idaho, Oregon and 

Washington or was established under an 

EPA-approved rule or permit program 

limiting potential to emit, you do not 

need to take any action under this 

program unless you propose a 

modification for this existing synthetic 

minor source and/or synthetic minor 

HAP source on or after August 30, 2011. 

For these modifications, you need to 

obtain a permit pursuant to § 49.158 

before you begin construction. 

* * * * * 

■ 6. Section 49.160 is amended by 

revising paragraph (d)(1) to read as 

follows: 

§ 49.160 Registration program for minor 

sources in Indian country. 

* * * * * 

(d) * * * 

(1) Report of relocation. After your 

source has been registered, you must 

report any relocation of your source to 

the reviewing authority in writing no 

later than 30 days prior to the relocation 

of the source. Unless otherwise 

specified in an existing permit, a report 

of relocation shall be provided as 

specified in paragraph (d)(1)(i) or (ii) of 

this section, as applicable. In either 

case, the permit application for the new 

location satisfies the report of relocation 

requirement. 

(i) Where the relocation results in a 

change in the reviewing authority for 

your source, you must submit a report 

of relocation to the current reviewing 

authority and a permit application to 

the new reviewing authority. 

(ii) Where the reviewing authority 

remains the same, a report of relocation 

is fulfilled through the permit 

application for the new location. 

* * * * * 

[FR Doc. 2013–13057 Filed 6–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9818–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Omaha Lead Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete the 1,154 

parcels (of the Omaha Lead Superfund 

Site (Site) located in the eastern part of 

the city of Omaha, Nebraska, 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 Nebraska, through the 


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Nebraska Department of Environmental 

Quality (NDEQ), have determined that 

all appropriate response actions under 

CERCLA and other lead abatement 

activities at these identified parcels 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

This partial deletion pertains to soils, 

dust and deteriorating lead-based paint, 

where applicable, of the 1,154 

residential parcels. These types of 

properties include single and multifamily dwellings, apartment complexes, 

child-care facilities, vacant lots in 

residential areas, schools, churches, 

community centers, parks, greenways, 

and any other areas where children may 

be exposed to site-related contaminated 

media. A listing of the parcels by 

address can be found in Table 1 in the 

deletion docket. Figure 1 also shows a 

map of the Omaha Lead site and 

identifies the parcels proposed for 

deletion. Approximately 12,800 

residential parcels and associated soil, 

dust and deteriorating lead-based paint 

will remain on the NPL and is/are not 

being considered for deletion as part of 

this action. 

DATES: Comments must be received by 

July 5, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2003–0010, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: franceisetts.pauletta@epa.gov Fax: 913–551– 

7066 

• Mail: Environmental Protection 

Agency, 8600 NE Underground Dr., 

Pillar 253,, Kansas City, Missouri 64161 

Attention: Pauletta France-Isetts, 

Superfund Division Hand delivery: 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. 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–2003– 

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 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 email. 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 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 materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at: 

EPA Region 7, 11201 Renner 

Boulevard., Lenexa, Kansas 66219 open 

from 8 a.m. to 4 p.m. 

EPA Public Information Center 

(north), 3040 Lake Street, Omaha, NE 

68111 open from 8 a.m. to 4 p.m. call 

(402) 991–9583 to ensure staff are 

available; EPA Public Information 

Center (south) 4909 S. 25th Street, 

Omaha, NE 68107, open from 8 a.m. to 

4 p.m. call (402) 731–3045 to ensure 

staff are available; W. Dale Clark 

Library, 215 S. 15th Street; Omaha, NE 

68102 

FOR FURTHER INFORMATION CONTACT: 

Pauletta France-Isetts, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 7, Superfund Division, 

8600 NE Underground Drive, Pillar 253, 

Kansas City, Missouri 64161, (913)– 

339–8105, email: franceisetts.pauletta@epa.gov 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Partial Site Deletion 

I. Introduction 

EPA Region 7 announces its intent to 

delete the 1,154 residential parcel(s) 

(identified in Table 1 and Figure 1 of the 

deletion docket) of the Omaha Lead 

Superfund Site (Site), from the National 

Priorities List (NPL) and request public 

comment on this proposed action. The 

NPL constitutes Appendix B of 40 CFR 

part 300, which is the 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 those 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 the 

Omaha Lead Superfund 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 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 portions of 

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 1,154 residential 

parcel(s) of the Omaha Lead Superfund 

Site and demonstrates how each activity 

completed at the parcels meet 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 


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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. 

III. Deletion Procedures 

The following procedures apply to 

deletion of [Enter description of 

parcel(s)] of the 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 Nebraska, through the 

Nebraska Department of Environmental 

Quality, has concurred with the deletion 

of the 1,154 parcel(s) identified in Table 

1 and Figure 1of the Omaha Lead 

Superfund 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 a major 

local newspaper, Omaha World Herald 

and Nuestro Mundo. The newspapers 

announce the 30-day public comment 

period concerning the Notice of Intent 

for Partial Deletion of the Site from the 

NPL. 

(6) The EPA placed copies of 

documents supporting the proposed 

partial 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 comment period on this 

document, EPA will evaluate and 

respond accordingly to the comments 

before making a final decision to delete 

the 1,154 parcel(s) indentified in Table 

1 and Figure 1. 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 1,154 

parcel(s) identified in Table 1 and 

Figure 1 of the Omaha Lead Superfund 

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 Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the 1,154 

residential property parcel(s) identified 

in Table 1 and Figure 1 of the Omaha 

Lead Superfund Site from the NPL: 

Site Background and History 

The Omaha Lead Site (OLS or Site 

[CERCLIS ID #NESFN0703481]) 

includes surface soils present at 

residential properties, child-care 

centers, and other residential-type 

properties in the city of Omaha, Douglas 

County, Nebraska, that have been 

contaminated as a result of air emissions 

deposition from historic lead smelting 

and refining operations. The OLS 

encompasses the eastern portion of the 

greater metropolitan area in Omaha, 

Nebraska. The site extends from the 

Douglas-Sarpy County line on the south, 

north to Read Street and from the 

Missouri River on the east to 56th Street 

on the west. The Site is centered around 

downtown Omaha, Nebraska, where two 

former lead-processing facilities 

operated. American Smelting and 

Refining Company, Inc. (ASARCO) 

operated a lead refinery at 500 Douglas 

Street in Omaha, Nebraska, for over 125 

years. Aaron Ferer & Sons Company 

(Aaron Ferer), and later the Gould 

Electronics, Inc., (Gould) operated lead 

battery recycling plant were located at 

555 Farnam Street. 

Both ASARCO and Aaron Ferer/ 

Gould facilities released lead-containing 

particulates into the atmosphere from 

their smokestacks which were deposited 

on surrounding residential properties. 

Douglas County Health Department 

(DCHD) monitored ambient air quality 

around the ASARCO facility beginning 

in 1984. This air monitoring routinely 

measured ambient air lead 

concentrations in excess of the ambient 

air standard. 

The DCHD has compiled statistics on 

the results of blood lead screening of 

children less than seven years of age for 

more than 25 years. Blood lead 

screening of children living in zip codes 

located east of 45th Street have 

consistently exceeded the 10 microgram 

per deciliter (mg/dl) health-based 

threshold more frequently than children 

living elsewhere in the county. 

In 1998, the Omaha City Council 

requested assistance from the EPA to 

address the high frequency of children 

found with elevated blood lead levels by 

the DCHD. At that time, the EPA began 

investigating the lead contamination in 

the Omaha area under the authority of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA). 

The OLS includes those residential 

properties where the U.S. 

Environmental Protection Agency (EPA) 

determines through soil sampling that 

soil lead levels represent an 

unacceptable risk to human health. 

Residential properties where soil 

sampling indicates that soil lead 

concentrations are below a level that 

represent an unacceptable risk, they are 

not considered part of the Site. 

Residential properties include those 

with high accessibility to sensitive 

populations (children seven years of age 

and younger [0 to 84 months] and 

pregnant or nursing women). These 

types of properties include single and 

multi-family dwellings, apartment 

complexes, child-care facilities, vacant 

lots in residential areas, schools, 

churches, community centers, parks, 

greenways, and any other areas where 

children may be exposed to site-related 

contaminated media. Commercial and 

industrial properties are also excluded 

from the defined Site. The EPA 

established a 27 square-mile Final Focus 

Area to evaluate potentially impacted 

properties. 

The OLS was proposed to be included 

on the National Priorities List (NPL) on 

February 26, 2002 (67 FR 8836). The 

Site was listed on the NPL on April 30, 

2003 (68 FR 23094). 

The residential properties proposed 

for partial deletion were addressed 

under both removal and remedial 

authority. Regardless of the authority 

used for the remediation of yards, the 

cleanup levels for soils (developed 

using the IEUBK model) for all the 

properties proposed for deletion are the 

same. The response decision documents 

and activities will be discussed in the 

following sections. 

Removal Activities 

The EPA began sampling residential 

properties that were used to provide 

licensed child-care services in March 

1999. Due to the high concentrations of 

lead detected in yard soils, the EPA 

initiated a removal action to address 

lead-contaminated soils that exceed 

criteria for a time-critical removal action 

in 1999. The removal response involves 

the excavation and replacement of leadVerDate Mar<15>2010 15:18 Jun 03, 2013 Jkt 229001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.SGM 04JNP1

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contaminated soil where action levels 

identified in the Action Memorandum 

are exceeded. These response actions 

levels were: 

• A child seven years of age or 

younger (0 to 84 months) residing at the 

property is identified with an elevated 

blood level exceeding 10 mg/dl and any 

non-foundation sample collected from 

the property exceeds 400 ppm; 

• A property is a child-care facility, 

and any non-foundation sample 

collected from the property exceeds 400 

ppm; or 

• Any non-foundation sampled 

exceeds 1,200 ppm at any residential or 

residential-type property. 

A second removal action was initiated 

in August 2002 with the signing of a 

second Action Memorandum. This 

second removal action included all 

other residential type properties where 

the maximum non-foundation soil lead 

concentration exceeded an action level 

of 2,500 ppm. The 2002 Action 

Memorandum explicitly identifies the 

possibility of lead-based paint as a 

potential contributor to lead 

contamination of soils within 30 inches 

of the foundation of a painted structure. 

Because of the potential contribution of 

deteriorating lead-based paint near the 

foundations of structures, the soil lead 

level in the drip zone (areas near 

structure foundations) alone would not 

trigger soil removal. However, if any 

mid-yard soil sample exceeded the 

action level, soil from all areas of the 

property exceeding the 400 ppm 

cleanup level would be removed and 

replaced, including drip zone soils if 

they exceeded 400 ppm. 

Properties determined to be eligible 

for response under either of the Action 

Memoranda had soils with lead 

concentrations greater than the cleanup 

level excavated and replaced with clean 

soil and disturbed areas were 

revegetated. The action level, which 

triggered response for typical residential 

properties under the second removal 

action, was reduced to 1,200 ppm in 

November 2003. In 2005, the two 

removal actions were combined into a 

single response. Throughout the 

implementation of both removal actions, 

the lead cleanup level remained at 400 

ppm. 

Remedial Investigation/Feasibility Study 

Thoughout the implementation of the 

removal action, lead levels in residential 

soils were evaluated and actions were 

taken where action levels were 

exceeded, per the removal Action 

memoranda. A Human Health Risk 

Assessment was developed for the site 

using site-specific information collected 

during the OLS Remedial Investigation. 

Lead was identified in the risk 

assessment as the primary contaminant 

of concern. Arsenic was also identified 

as a potential contaminant of concern, 

but was eliminated after considering its 

relatively low overall risk to residents 

and lack of connection to the release 

from the industrial sources being 

addressed by this Superfund action. 

The risk assessment for lead focused 

on young children under the age of 

seven (0 to 84 months) who are site 

residents. Young children are most 

susceptible to lead exposure because 

they have higher contact rates with soil 

or dust, absorb lead more readily than 

adults, and are more sensitive to the 

adverse effects of lead than are older 

children and adults. The effect of 

greatest concern in children is 

impairment of the nervous system, 

including learning deficits, lowered 

intelligence, and adverse effects on 

behavior. The Integrated Exposure 

Uptake Biokinetic (IEUBK) model for 

lead in children was used to evaluate 

the risks posed to young children (0 to 

84 months) as a result of the lead 

contamination at the site. Because lead 

does not have a nationally-approved 

reference dose (RfD), cancer slope 

factor, or other accepted toxicological 

factor which can be used to assess risk, 

standard risk assessment methods 

cannot be used to evaluate the health 

risks associated with lead 

contamination. The modeling results 

determined that there was an 

unacceptable risk to young children 

from exposure to soils above 400 ppm. 

In October 2008, EPA released a draft 

Final Remedial Investigation, which 

presented results of all site 

investigations including soil sampling 

performed at more than 35,000 

residential properties. Based on the 

2008 data set, EPA established the Final 

Focus Area for the Site, which defined 

the area of residential properties that are 

targeted for sampling. This area is 

generally bounded by Read Street to the 

north, 56th Street to the west, Harrison 

Street (Sarpy County line) to the south, 

and the Missouri River to the east, and 

encompasses 17,290 acres (27.0 square 

miles). 

Through completion of the OLS Final 

Remedial Investigation, soil sampling 

had been completed at 37,076 

residential properties, including 34,565 

within the Final Focus Area’s boundary. 

In total, 34.2 percent of properties 

sampled through completion of the 2008 

RI had at least one mid-yard sample 

with a soil lead level exceeding 400 

ppm. Based on the data trends, the OLS 

Final Feasibility Study (FS) estimates 

that soil lead levels will exceed 400 

ppm at a total of 14,577 properties when 

soil sampling is completed at all 

properties within the Final Focus Area. 

In addition to soil sampling, 159 

residences were sampled during the 

OLS Remedial Investigation for interior 

dust to support the OLS Human Health 

Risk Assessment conducted by the EPA 

and the Nebraska Health and Human 

Services System. The EPA recognizes 

that there may be additional sources of 

lead exposure to residents at the site. 

These other sources, which could 

include interior and exterior lead-based 

paint and drinking water, are generally 

outside the scope of CERCLA response 

authority. The focus of the EPA 

sampling efforts focused on leadcontaminated surface soils related to 

historic industrial emissions at the site, 

in accordance with procedures 

established in the EPA Residential Sites 

Handbook. The handbook does allow for 

characterization of potential sources of 

lead exposure in addition to soil and 

interior dust. In accordance with the 

EPA Residential Sites Handbook, the 

selected remedy in this ROD includes 

an expanded sampling program to 

characterize other potential lead 

exposure sources in addition to soil and 

interior dust. 

Selected Remedy 

As the soil cleanup under CERCLA 

removal authority was ongoing, 

planning for continued response under 

CERCLA remedial authority was 

proceeding. EPA organized the work 

remaining following completion of 

CERCLA removal response into these 

two operable units: 

• Operable Unit 1: Response at high 

child impact properties and the most 

highly contaminated OLS properties 

exceeding 800 ppm soil lead. 

• Operable Unit 2: Response at 

remaining properties that exceed riskbased soil lead levels established during 

final remedy selection process. 

For OU1, EPA selected an interim 

remedy on December 15, 2004. The 

Remedial Action Objective was to 

reduce the risk of exposure of young 

children to lead such that an individual 

child, or group of similarly exposed 

children, have no greater than a 5 

percent chance of having a blood-lead 

concentration exceeding 10 mg/dl. The 

selected remedy included: 

• Excavation and replacement of soils 

at properties with greatest human health 

risk 

Æ Excavation of soils exceeding 800 

ppm at any residential-type property 

Æ Excavation of soils exceeding 400 

ppm in high child-impact areas 

Æ Excavation of soils exceeding 400 

ppm at properties with a child 

exhibiting an elevated blood-lead level 


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• Final management of excavated 

materials 

• Stabilization of loose and flaking 

exterior lead-based paint 

• High efficiency interior cleaning 

• Participation in comprehensive 

program addressing all potential lead 

sources 

• Health Education 

The pre-established soil remediation 

level of 400 ppm was determined to be 

the cleanup level for this interim 

remedial action. In order to prevent the 

re-contamination of the clean soil 

placed in yards after excavation, loose 

and flaking exterior lead-based paint 

that threatens the continued 

protectiveness of the remedy at these 

properties will be stabilized on affected 

structures prior to soil excavation. Only 

those homes and other structures where 

lead-based paint is visibly flaking and 

deteriorating will be addressed. At 

residences where soil cleanup actions 

are conducted, sampling will be 

performed to assess lead concentrations 

and loadings in interior dust. Homes 

that exceed the EPA and HUD standards 

for lead in interior dust will be eligible 

for a thorough interior cleaning using 

high-efficiency equipment. Interior 

cleaning of affected residences will be 

provided, in accordance with HUD 

procedures, on a voluntary basis for 

willing residents, after the soil cleanup 

is completed in the yard. 

For OU2, EPA selected a final site 

remedy on May 13. 2009. The Remedial 

Action Objective is to reduce the risk of 

exposure of young children to lead such 

that an individual child, or group of 

similarly exposed children, have no 

greater than a 5 percent chance of 

having a blood-lead concentration 

exceeding 10 mg/dl. 

The selected final remedy continues 

the ongoing remedial response being 

implemented under the December 15, 

2004, Interim ROD for the OLS with the 

following modifications: 

• The final OLS soil lead action level 

was lowered to 400 ppm for all 

residential and residential-type 

properties. High child impact properties 

continue to be prioritized for response. 

• Soil sampling will continue to 

determine eligibility for remedial action 

at properties inside the Final Focus 

Area where sampling has not been 

performed. Soil sampling, outside the 

focus area, will be discontinued unless 

requested. Requests for soil sampling 

outside the focus area will be 

considered by EPA and decisions made 

on a case-by-case basis. 

• An institutional control involving 

the operation of a local lead hazard 

registry containing information about 

the status of EPA investigation and 

response and other lead hazards 

identified at individual Omaha 

properties. 

• Participating residents at eligible 

properties will be offered highefficiency household vacuum 

equipment, training on the maintenance 

and importance of proper usage, and 

education on mitigation of household 

lead hazards. In addition, samples of 

interior dust are collected and the 

results provided to the residents. 

Residents at properties qualifying for 

soil remediation will be offered interior 

dust response. The interior dust 

response is not mandatory and the 

resident may choose to decline. Dust 

and interior floor wipe sampling are 

performed when access is granted. The 

analytical data is provided to the 

resident/tenant and informs them if 

HUD criteria are exceeded. Follow-up 

efforts are conducted by the Douglas 

County Health Department at any 

residence that has interior dust levels 

exceeding HUD criteria. 

Response Actions 

The initial EPA response was 

conducted under CERCLA removal 

authority. In 2005, following issuance of 

the Interim Record of Decision, the 

action level for removal response during 

the transitional period was lowered to 

800 ppm for consistency with the 

upcoming remedial response. 

Beginning with the construction 

season of 2005, the scope of the EPA 

response was expanded under the 2004 

Interim ROD to include: (1) Stabilization 

of deteriorating exterior lead-based 

paint at properties where the continued 

effectiveness of the soil remediation was 

threatened, (2) response to interior dust 

at properties where interior dust lead 

levels exceeded appropriate criteria, (3) 

public health education, and (4) 

participation in a comprehensive 

remedy with other agencies and 

organizations that addresses all 

identified lead hazards in the Omaha 

community. 

Excavation and Replacement of Soils 

Excavation of soils was accomplished 

using lightweight excavation equipment 

and hand tools the portions of the yard 

where the surface soil exceeded 400 

ppm lead. Excavation continued in all 

quadrants, play zones, and drip zone 

areas exceeding 400 ppm lead until the 

residual lead concentration measured at 

the exposed surface of the excavation 

was less than 400 ppm in the initial 

foot, or less than 1,200 ppm at depths 

greater than one foot. Typically, soil 

excavation depths were between 6 and 

10 inches in depth. Soils in garden areas 

were excavated until reaching a residual 

concentration of less than 400 ppm in 

the initial two feet from the original 

surface, or less than 1,200 ppm at 

depths greater than two feet. 

After confirmation sampling verified 

that cleanup goals were met, the 

excavated areas were backfilled with 

clean soil to original grade and sod was 

placed over the remediated areas. 

EPA did not utilize soil from any 

protected Loess Hills area as backfill for 

the OLS. 

The contaminated soils removed from 

the remediated yards was stockpiled at 

staging areas, sampled and then 

transported to an off-site Subtitle D 

solid waste landfill for use as daily 

cover and/or disposal. 

Stabilization of Loose and Flaking 

Exterior Lead-Based Paints 

The lead-based paint assessment 

protocol, presented in the Final LeadBased Paint Recontamination Study 

Report prepared for the OLS, was used 

to determine eligibility for exterior leadbased paint stabilization at those 

properties where soil lead 

concentrations exceed 400 ppm. At 

those properties where the exterior leadbased paint assessment identified a 

threat from deteriorating paint to the 

continued protectiveness of the soil 

remediation, the owner of the property 

was offered stabilization of painted 

surfaces on structures located on the 

property. Exterior lead-based paint 

stabilization is not mandatory and was 

provided to those qualifying property 

owners who choose to have their 

exterior paint stabilized. Lead –safe 

practices identified in the EPA’s 

Renovate, Repair and Painting Rule 

were followed. Removal of loose and 

flaking lead-based paint was performed 

using lead-safe practices, which 

includes wet scraping and collection of 

paint chips using plastic sheeting. 

Scraped areas were primed and all 

previously painted surfaces had two 

coats of paint applied. 

Interior Dust Response 

As part of the final remedy, residents 

at eligible properties are given the 

opportunity to have interior dust 

sampled. Upon agreement, the residents 

are given a high-efficiency household 

vacuum cleaner, training on the 

maintenance and the importance of 

proper usage of the vacuum, and 

education on mitigation of household 

lead hazards. In addition, samples of 

interior dust are collected and analyzed 

for lead. The resident/tenant is provided 

the analytical results. The letter 

transmitting the data also indicates 

whether the interior dust collected has 

lead above the HUD criteria. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 33281 

The Douglas County Health 

Department provides the training and 

education regarding the need to mitigate 

interior dust. Interior dust response is 

offered to all residents with a qualifying 

property (soil lead concentrations 

greater than 400 parts per million). The 

resident does not have to agree and 

participation in the dust response is 

voluntary by the residents. At properties 

where soil remediation has been 

conducted, interior floor wipe sampling 

indicates that, typically, HUD criteria 

are not exceeded. 

Exterior lead-based paint stabilization 

and interior dust response were 

provided retroactively to properties 

where soil cleanups have been 

performed under CERCLA removal 

authority, as well as to properties 

addressed under CERCLA remedial 

authority. 

Participation in Comprehensive 

Program to Address Potential Lead 

Sources 

There are a number of identified lead 

hazards within the OLS, not all of 

which are connected to the contaminant 

source of OLS. In order to better address 

all potential lead sources within the 

OLS, a health education program was 

developed and continues to be 

implemented to raise awareness and 

mitigate exposure. An active 

educational program continues in 

cooperation with agencies and 

organizations that includes ATSDR, 

NDHHS, DCHD, local non-governmental 

organizations, and other interested 

parties throughout the duration of the 

EPA remedial action. 

Health Education 

The following, although not an 

exhaustive list, indicate the types of 

educational activities provided at the 

Site: 

• Support for in-home assessments 

for children identified with elevated 

blood lead levels. 

• Development and implementation 

of lead poisoning prevention curriculum 

in schools. 

• Support for efforts to increase 

community-wide blood lead monitoring. 

• Physicians’ education for diagnosis, 

treatment, and surveillance of lead 

exposure. 

• Operation of EPA Public 

Information Centers to distribute 

information and respond to questions 

about the EPA response activities and 

lead hazards in the community. 

• Use of mass media (television, 

radio, internet, print media, etc.) to 

distribute health education messages. 

Development and distribution of 

informational tools such as fact sheets, 

brochures, refrigerator magnets, etc., to 

inform the public about lead hazards 

and measures that can be taken to avoid 

or eliminate exposure. 

Institutional Controls 

The lead hazard registry, identified as 

the Omaha Lead Education and 

Discussion (Omaha LEAD), provides 

interested parties with on-line access to 

lead hazard information at individual 

properties, including the status of EPA 

investigations and response actions and 

other lead hazard information including 

HUD-funded lead hazard control and 

abatement activities. Information 

available through the lead hazard 

registry includes initial soil lead 

sampling results from individual 

quadrants and residual soil lead levels 

remaining at properties following soil 

remediation. EPA notifies residents and 

property owners about the information 

that is available through the lead hazard 

registry as part of the transmittal sent at 

the completion of soil remediation at 

individual properties. Residents and 

property owners will receive a second 

notification when the lead hazard 

registry is complete and operational at 

the conclusion of the OLS remedial 

action. The final notification will 

describe information available through 

the lead hazard registry and again 

advise property owners that records of 

potential lead hazards received from 

EPA should be retained for compliance 

with state and Federal disclosure 

requirements. 

After the issuance of the 2009 Final 

ROD, response efforts identified as 

Operable Unit 2 began. Operable Unit 2 

work efforts began with the 2009 

construction season and included all 

remaining remedial response work at 

the OLS. All work remaining under 

Operable Unit 1 not completed was 

performed under Operable Unit 2. 

Properties identified with time-critical 

conditions, including residences with 

elevated blood-lead levels in children 

and high child-impact areas, continue to 

receive prioritized response during the 

final remedy implemented under 

Operable Unit 2. 

The precise scope of work remaining 

to be completed at the OLS site (under 

OU1 and OU2) is not known with 

certainty since sampling has not been 

completed to determine eligibility for 

soil remediation, exterior lead-based 

paint stabilization, and interior dust 

response. However, those properties not 

addressed to date are not part of this 

partial deletion. 

Information on activities completed at 

each property can be found in the 

deletion docket and at the Omaha Lead 

Education and Discussion 

(‘‘OmahaLEAD’’) Web site. Omaha 

LEAD is a Geographic Information 

Systems (‘‘GIS’’)-based Web site 

(www.omahalead.org) that increases the 

public’s awareness of lead hazards and 

acts of a as a virtual library of lead 

hazard mitigation activities, including 

activities conducted by private property 

owners, the City of Omaha, and the US 

EPA. The Web site is operational. 

Cleanup Goals 

Final cleanup levels for lead in 

residential soil at Superfund sites 

generally are based on a consideration 

of the PRG derived by the IEUBK model 

results, taking the uncertainty in the 

value into account, and also considering 

the nine criteria in accordance with the 

CERCLA regulations contained in the 

National Contingency Plan (NCP). 

Under most circumstances, EPA selects 

a residential soil lead cleanup level that 

is within the range of 400 ppm to 1,200 

ppm. EPA selected a soil action level for 

lead in residential soils at the site of 400 

ppm. 

For lead contamination that may be 

addressed under CERCLA, these 

cleanup levels allow for unrestricted 

use. Therefore, operation and 

maintenance, institutional controls and 

five-year reviews are not required for 

these parcels. 

Community Involvement 

EPA has worked extensively with the 

Omaha community through a variety of 

communication vehicles, including but 

not limited to local speaking 

engagements, participation in citizens’ 

groups and city council meetings, local 

public access television, public service 

announcements on local cable 

television, coverage on radio and 

television and in local and national 

newspapers, mass mailings of 

informational materials, public outreach 

by telephone, by conducting public 

meetings, and through the EPA Web 

site. 

EPA has been performing outreach to 

Omaha citizens, elected officials, school 

officials, health officials, the media, 

nonprofit groups, and others since 

becoming involved in the project in 

1998 in an effort to convey information 

about the hazards of lead poisoning, 

particularly how lead affects the health 

of children. The EPA has participated in 

numerous formal and informal meetings 

to explain EPA’s role and commitment 

in Omaha, convey information about the 

Superfund process, and provide general 

information about the site and lead 

contamination. EPA responds to 

inquiries on a daily basis regarding the 

site and individual property owner’s 

sampling results. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
33282 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Proposed Rules 

In January 2004, a Community 

Advisory Group (CAG) was formed for 

the site. A CAG is a committee, task 

force, or board made up of residents 

affected by a Superfund site. They 

provided a public forum where 

representatives of diverse community 

interests can present and discuss their 

needs and concerns related to the site 

and the cleanup process. The last CAG 

meeting was held in October 2011. A 

new group, Child Lead Poisoning 

Prevention Group, formed. The first 

meeting of the Child Lead Poisoning 

Group was held at City Hall in May 

2012. The purpose of the new group 

remains the same. 

Determination That the Criteria for 

Deletion Have Been Met 

In accordance with 40 CFR 

300.425(e), Region 7 of the EPA finds 

that the 1,154 residential parcels of the 

Omaha Lead site (the subject of this 

deletion) meet the substantive criteria 

for partial NPL deletions. EPA has 

consulted with and has the concurrence 

of the State of Nebraska. All responsible 

parties or other persons have 

implemented all appropriate response 

actions required. All appropriate Fundfinanced response under CERCLA has 

been implemented, and no further 

response action by responsible parties is 

appropriate. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Hazardous 

substances, Intergovernmental relations, 

Superfund. 

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. 

Dated: May 16, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2013–12969 Filed 6–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R6–ES–2013–0068] 

RIN 1018–AY56 

Endangered and Threatened Wildlife 

and Plants; Revision of Critical Habitat 

for Salt Creek Tiger Beetle 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose to revise 

critical habitat for the Salt Creek tiger 

beetle (Cicindela nevadica lincolniana) 

under the Endangered Species Act. If we 

finalize this rule as proposed, it would 

extend the Act’s protections to lands 

designated as revised critical habitat for 

this subspecies. This designation fulfills 

our obligations under a settlement 

agreement. The effect of this regulation 

is to conserve the habitat of Salt Creek 

tiger beetles in eastern Nebraska under 

the Endangered Species Act. 

DATES: We will accept comments 

received or postmarked on or before 

August 5, 2013. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES

section, below) must be received by 

11:59 p.m. Eastern Time of the closing 

date. We must receive requests for 

public hearings, in writing, at the 

address shown in ADDRESSES by July 19, 

2013. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Search box, 

enter Docket No. FWS–R6–ES–2013– 

0068, which is the docket number for 

this rulemaking. You may submit a 

comment by clicking on ‘‘Comment 

Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R6–ES–2013– 

0068; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

The coordinates or plot points or both 

from which the maps are generated are 

included in the administrative record 

for this critical habitat designation and 

are available at http://www.fws.gov/ 

nebraskaes, or http:// 

www.regulations.gov at Docket No. 

FWS–R6–ES–2013–0068, and at the 

Nebraska Ecological Services Field 

Office (see FOR FURTHER INFORMATION

CONTACT). Any additional tools or 

supporting information that we may 

develop for this critical habitat 

designation will also be available at the 

Fish and Wildlife Service Web site and 

Field Office set out above, and may also 

be included in the preamble and/or at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael D. George, Field Supervisor, 

U.S. Fish and Wildlife Service, 

Nebraska Ecological Services Field 

Office, 203 W 2nd St., Grand Island, NE 

68801; telephone 308–382–6468. If you 

use a telecommunications device for the 

deaf (TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why We Need To Publish a Rule 

This is a proposed rule to revise the 

designation of critical habitat for the 

endangered Salt Creek tiger beetle. This 

revision will fulfill the terms of a 

settlement agreement reached on June 7, 

2011 (see Previous Federal Actions). 

Under the Endangered Species Act of 

1973, as amended (Act; 16 U.S.C. 1531 

et seq.), any species that is determined 

to be threatened or endangered requires 

critical habitat to be designated, to the 

maximum extent prudent and 

determinable. Designations and 

revisions of critical habitat can only be 

completed by issuing a rule. 

This Rule Will Propose Revised Critical 

Habitat for the Endangered Salt Creek 

Tiger Beetle 

In total, we are proposing 1,110 acres 

(ac) (449 hectares (ha)) for designation 

as critical habitat for the Salt Creek tiger 

beetle in Lancaster and Saunders 

Counties in Nebraska. This proposed 

revised critical habitat includes saline 

wetlands and streams associated with 

Little Salt Creek and encompasses all 

three habitat areas occupied by the 

subspecies at the time of listing. It also 

includes saline wetlands and streams 

associated with Rock Creek and Oak 

Creek (Capitol Beach) that are currently 

unoccupied, but supported the 

subspecies less than 20 years ago. Our 

designation also includes segments of 

Haines Branch Creek because this area 

has the potential to provide suitable 

habitat for the Salt Creek tiger beetle 

and its inclusion will reduce the risk of 

species extinction by providing 

redundancy in available habitat 

throughout multiple creeks. Due to the 

presence of suitable habitat, we believe 

that the Salt Creek tiger beetle occurred 

in this area historically; however, they 

have not been documented in this 

location due to minimal survey effort 

relative to the annual surveys done at 

Little Salt, Rock, and Oak Creeks. 

The Basis for Our Action 

Under the Act, any species that is 

determined to be a threatened or 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS