MEMORANDUM 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, 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 (l_ '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 the 

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-categorized on the NPL where no further response is appropriate. In consultation with the state, 

the United States Environmental Protection Agency shall consider whether any of the following criteria 

have been met: "(i) responsible parties or other persons have implemented all appropriate response 

actions required; (ii) all appropriate Fund-financed response under CERCLA has been implemented, and 

no further response action by responsible parties is appropriate; or (iii) the remedial investigation has 

shown that the release poses no significant threat to public health or the environment and, therefore, 

taking of remedial measures is not appropriate." 

Headquarters Review 

Headquarters has reviewed the draft notice of intent to delete the Midvale Slag Superfund site. Written 

comments were sent to the Region and addressed accordingly by the Regional Superfund Office. Upon 

completion of the review, Headquarters agrees that the proposed deletion action meets the relevant NCP 

deletion criteria summarized above. The attached checklist summarizes that the notice of intent to delete 

meets the NCP and deletion guidance requirements. The deletion docket is available in the local, 

regional, and electronic repositories. 

Internet Address (URL) • httpJ/www.epa.gov 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Action 

Headquarters concurs on the proposed deletion for the site. Please sign and process the appropriate 

deletion documents. If you or your staff have questions, please call me or your staff may call Chuck 

Sands at 703-603-8857. 

Attachment 

cc: Mathy Stanislaus, OSWER 

Nitin Natarajan, OSWER 

Barry Breen, OSWER 

Robin Richardson, OSWER/OSRTI 

Dana Stalcup, OSWER/OSRTI 

Martin Hestmark, Region 8 

David Kling, OECA/FFEO 

Cyndy Mackey, OECA/OSRE 

Chuck Sands, OSWER/OSRTI 
Headquarters Deletion Concurrence- Checklist- Midvale Slag Superfund Site 

Site Milestones 

./ Is the site being deleted based on Resource Conservation Recovery Act (RCRA) deferral? If yes, 

skip to Deletion Criteria. 

No 

./ Is the site construction complete? 

Yes, 9/2112011 

./ Does the site require 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 site? 

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 site Sitewide Ready for Anticipated Use? - Yes 

./ Are Institutional Controls (ICs) required at the site? Are ICs in a decision document? 

Yes- The 2006 ROD requires ICs. In 2007, Midvale City implemented an environmental ordinance 

to protect the integrity of the soil cover; mandates that any construction or development submit soil 

managment plans and establishes roles and responsibilities 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. The Utah 

Division of Water Rights produced the Salt Lake Groundwater Managment Plan, which restricts well 

drilling for the combined Sharon Steel and Midvale Slag Superfund site areas. The 2007 Midvale 

Ordinance establishes responsibilities for implementing and verifying ICs for the site, specitically: (1) 

inspection during redevelopment construction by Midvale City personnel; (2) review of plans and 

specifications for conformance with cover requirements, storm water management and irrigation 

restrictions; (3) monitoring 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 implementation 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 guidance? Is the FCOR date in CERCUS? 

Yes, 11/2014 

Deletion Criteria 

./ Does the Region have the state concurrence letter? 

Yes, 8/20/20 13 
v' Is the state concurrence and FCOR in the deletion docket? Is the docket available in the site 

repositories? 

Yes 

v' Has a Federal Docket Management System docket pha~e been opened for the deletion? Are the 

deletion docket documents uploaded or referenced in this docket? 

Yes 

v' Were all the Headquarters Regional Coordinator significant comments addressed and/or resolved? 

Yes 

v' If a direct deletion, were both documents sent to Headquarters for review? 

Yes · 

v' Does the document use the most current deletion templates? 

Yes 

v' Are there any community concerns about the Site? 

No 

v' Are there any reuse/redevelopment opportunities? 

Yes- A large, mixed-use commercial, industrial, retail, and single and multi-family residential 

redevelopment at the site was planned and implemented. The Utah Transit Authority constructed a light 

rail line and transit station on the property. Approximately 70% of the site is redeveloped. 

Improvement of the riparian corridor and bike trail along the Jordan River offered recreational 

opportunities to the influx of new residents. 

v' Is the Region planning an event for the deletion? 

This is under consideration, but there are no final decisions ye~. OSRTI Community Involvement 

personnel were also notifted. 

Basis for Site Deletion Section 

Verify the following information is included in the Basis for Site Deletion section (as appropriate): 

v' Site Background and History 

• Provide nearest city, county, state; 

• Describe the physical locations and boundaries of the site; 

• Describe former use; 

• Describe site conditions resulting in listing; 

• Provide FR citation of proposed and final NPL listing; 

• Describe removals conducted (if applicable); and 

• Describe ongoing or potential redevelopment (if applicable). 
../ Remedial Investigation and Feasibility Study (RI/FS) 

• Describe scope of Remedial Investigation; and 

• Describe findings from Feasibility Study . 

../ Record of Decision Findings 

• Describe the major components ofthe selected remedy; 

• Describe Remedial Action Objectives; and 

• Describe any ESDs or ROD Amendments . 

../ Response Actions 

• Summarize 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 institutional controls implemented, including where filed and how verified . 

../ Five-Year Review - if applicable 

• Describe results of any previous Five-Year Review; and 

• Indicate the schedule for next Five-Year Review . 

../ Community Involvement 

• Describe major community involvement activities; and 

• Describe community involvement activities associated with deletion . 

../ Determination that the Site Meets the Criteria for Deletion 

• Explain why the site meets the substantive NPL deletions criteria; and 

• Describe how Region has followed the procedures required by 40 CFR 300.425(e).