MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WAS HI NG T ON, D.C. 20460



## DEC 1 2**201~** OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE OSWER- 9360.3-109

SUBJECT : Headquarters Concurrence on the Midvale Slag Superfund Site Notice of Intent to Delete FROM: James E. Woolford, Director 

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# 'f/JJ~k Office of Superfund

## Remedi.6fo~ and -l{chnology Innovation TO: Shaun L. McGrath, Regional Administrator EPA Region 8 

### Background The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Delegation of Authority 14-17, National Priorities List (NPL) Determinations, pursuant to Section 105 of th e CERCLA, requires formal Office of Solid Waste and Emergency Response (OSWER) concurrence before a Regional Administrator signs the notice of intent to delete
. This memorandum completes the Headquarters concurrence requirement. Consistent with section 300.425 of the National Contingency Plan (NCP), releases may be deleted from or re -ca tegorized on th e NPL where no furt her response is appropriate. In consultation with the s tate, the United States Envi ronmen tal Protection Agency shall consider whe ther 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 respo n se 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, taking of remedial measures is not appropriate." 

### Headquarters Review Headquarters has rev iewed the draft notice of intent to delete the Midvale Slag Superfund si te. Written comments were sent to the Region and addressed accordingly by the Regional Superfund Office. Upon completion of th e review , Headquarters agrees that the proposed deletion action meets the relevant NCP deletion criteria summari z ed above. The attached checklist summarizes that the notice of intent to delete meet s the NCP and deletion guidance requirements. The deletion docket is available in the local, regional , and electronic repo sitories
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I nternet Address (URL) • http J/ www.epa . gov Recycled/Recyclab l e • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

### Action Headquarters concurs o n the proposed deletion for the site. Please sign and process the appropriate deletion documents. If yo u or your sta ff have que st ions , ple ase call me or yo ur staff may call Chuck Sands at 703 -603-8857. Attachment
cc: Mathy Stanislaus , OSWER Nitin Natarajan , OSWER Barry Breen , OSWER Robi n Richardson , OSWER/OSR TI Dana Stalcup, OSWER/OSRTI Martin He stmark, R egion 8 David Kling , OECA/FFEO Cyndy Mackey , OECA/OSRE Chuck S and s, OSWER/OSRTIHeadquarters Deletion Concurrence- Checklist- Midvale Slag Superfund Site S ite Milestones ./ Is the site being deleted based on Resource Conservation Reco very Act ( RCRA) deferral? If yes, skip to Deletion Criteria. No ./ Is the si te construction complete? Yes, 9 / 2112011 ./ Does the site requi re five-year reviews (FYR)? If a FYR has been completed, what was the last completion date? What is the site-wide protectiveness determination for this si te ? Yes, the site requires FYRs (waste is left in place). The third FYR was completed in 2014 and found the remedy is protective of human health and the environment. ./ Are the environmental indicators Human Exposure Under Control and Ground water Migration Under Control? Human Exposure- Yes Contaminated Groundwater Migration

- Yes ./ Is the s ite Sitewide Ready for Anticipated Use?

- Yes ./ Are Institu tional Controls (ICs) required at the site? Are ICs in a decision document? Yes- The 2006 ROD require s ICs. In 2007, Midvale City implemented an environmental ordinance to protect the integrity of the soil cover; mandates that any construction or development submi t so il managment plans and establishes roles and respon sibilities and a review process; future development on vacant land may occur only after the parcel is appropriately remediated. Institutional Controls also restrict groundwater use , regulate surface water managment and irrigation practices and require vapor mitigation systems for buildings constructed over a PCE plume not attributed to the site. Th e Utah Division of Water Rights produced the Salt Lake Groundwater Managment Plan, which restric t s well drilling for the combined Sharon Steel and Midvale Slag Superfund site areas. The 2007 Midvale Ordinance estab lishe s responsibilities for implementing and verifying ICs for the site , spec it ically: (1) inspection during redevelopment construction by Midvale Ci ty personnel; (2) review of plans and specifications for conformance with cover requirements, storm water management and irrigation restrictions; (3) monitori ng to assure required documentation (e.g. soil management plan) is prepared correctly and oversight for implementation of the plans; (4) property owners associations within residential developments will review , approve and oversee imp lementation of irrigation plans; and (5) buildings within the vapor mitigation area must implement appropriate vapor mitigation measures . ./ Did the Region complete a Final Close-Out Report (FCOR)? Was the FCOR complete and consistent with gu idance ? Is the FCOR date in CERCUS? Yes, 11/2014 Deletion Criteria ./ Does the Region have the state concurrence letter? Yes, 8/20/20 13v' Is the state concurrence and FCOR in the deletion docket ? I s the docket available in the site repos itories? 

### Yes v' Has a Fe deral Docket Management System docket



### pha **~e** been ope ne d for the de letion ? Are the deletion d ocket documents uploaded or referenced in this docket? Yes v' Were all the Headquarters Regional Coordinator significant comments addre sse d and/or re so lved? Yes v' If a d irect d eletion , w ere both documents se nt to Headquarters for revi ew? 

### Yes · v' Do es the d oc um ent use the most current deletion templates? 

### Yes v'Are there any commun ity co ncerns about the Site? 

### No v' Are there any reu se / redevelopment opportunities ? Yes- A large , mixed-use co mmercial, industrial , retail , and s ingl e and multi- family residential redevelopment at the s ite was planned and implemented. The Ut ah T ran sit Authority co n structed a light rail line and transit statio n on the property. A pproximately 70% of the s ite is redeveloped. Improvement of the ripa ri an corridor and bike trail along the Jordan River offered rec reat ional opportunities to the influx of new residents. v' I s the R egion pl annin g an event for the de letion? This is under consideration, but there are no final deci sio ns

**ye~.** OSRTI Co mmunity In volvement personnel w ere al so notifted. Basis for Site Deletion Section Verify the fo ll owi n g in format ion i s included in the Bas i s fo r Site Deletion sec tion (as appropriate): v' S ite Back g round and History • Provide nea rest c ity, county, state; • De scribe th e phy s i cal locations and boundaries of th e site; • Describe forme r u s e ; • D escribe s ite co nditi ons resulting in listing; • Provide FR citation of proposed and final NPL li sting; • Describe removal s conducted (if applicable); and • De sc ribe ongoing or p otential redev elopment ( if applicable).../ Remedial Invest igation and Feasibility Study (RI/FS) • Describe scope of Remedial Inves tigation ; and • Describe findings from Feasib ility Study
. ../ Record of Decision Findings • Describe the major components oft he selected remedy; • Describe Remedial Action Objectives; and • Describe any ESDs or ROD Amendments
. ../ Response Actions • S ummarize remedial design/remedial action activities
. ../ Cleanup Standards • Describe information or data obtained to demonstrate that cleanup levels have been achieved
. ../ Operation and Maintenance

- if applicable • Describe ongoing or completed O&M ; • Describe any continuing site monitoring; and • Describe in stit utional controls implemented, including where filed and how verified
. ../ Five-Year Review

- if app licable • Describe results of any previous Five-Year Review ; and • Indicate the schedule for next Five- Year Review
. ../ Commu nity Involvement • Describe major community involvement activities; and • Describe community involvement activities associated with deletion
. ../ Determination that the Site Meets the Criteria for Deletion • Explai n why the site meets the substantive NPL deletions criteria; and • Describe how Region has followed the procedur es required by 40 CFR 300.425(e).