SDMS Document ID

1053584

Ref:8ENF

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

999 18TM STREET - SUITE 300

DENVER, CO 80202-2466

Phone 800-227-891 7

. http://www.epa.gov/region08

SEP 0 7 2006

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

Richard O. Curley, Jr.

Counsel for Atlantic Richfield Company

Holland & Hart, L.L.P.

P.O. Box 8749

Denver, CO 80201-8749

Re: International Smelting and Refining Site (IS&R);-

Conservation Area UAO for Removal Activities,

Docket No. CERCLA-08-2006-0010

Dear Mr. Curley,

As we recently discussed, the US Environmental Protection Agency, Region 8 (EPA), is

issuing to the Atlantic Richfield Company (AR) a Unilateral Administrative Order for Removal

Response Activities (Order)(enclosed), effective five (5) days from the date of issuance by EPA.

The Order requires AR to conduct specified removal actions at the Conservation Area of the

IS&R Superfund Site, Tooele County, Utah, and to submit a final report on the actions

performed.

EPA discussed with you the option of performing this work under an administrative order

on consent. You indicated that in light of the need to begin this work expeditiously, your client,

Atlantic Richfield, would not object to the issuance of a unilateral administrative order for the

work in lieu of negotiating an order on consent. EPA recognizes AR's efforts in the development

of a suitable work plan, and anticipates your continued cooperation during the removal phase. If

you have any questions regarding this matter, please call me at (303) 312-6912.

Enclosure

J imes Stearns

Staff Attorney

J

cc: Erna Waterman, 8EPR-SR; EPA Remedial Project Manager

John Works, EPA Technical Enforcement Program

Pamela Kaye, ARCO Environmental Remediation, LLC

Tony Howes, Utah DEQ

Printed on Recycled Paper
200o$FP-7 PH hOO

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

REGION VIII

IN THE MATTER OF:

International Smelting and Refining

Site

Tooele County, Utah

Atlantic Richfield Company

Respondent.

UNILATERAL ADMINISTRATIVE

ORDER FOR REMOVAL RESPONSE

ACTIVITIES

U.S. EPA Region VIII

Docket No. CERCLA-08~2u06-0010

Proceeding Under Section 106(a) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act, as amended, 42 U.S.C. § 9606(a)
TABLE OF CONTENTS

I. JURISDICTION AND GENERAL PROVISIONS 2

II. PARTIES BOUND 2

III. DEFINITIONS 2

IV. FINDINGS OF FACT 4

Site Description and History 4

Release or Threatened Release 5

Endangerment 5

Respondent 6

Response Actions 7

V. CONCLUSIONS OF LAW AND DETERMINATIONS 7

VI. ORDER 8

Notice of Intent to Comply 8

Designation of Contractor, Project Coordinator,

and On-Scene Coordinator 8

Work to be Performed 9

Reporting 10

Final Report 10

Access to Property and Information 10

Record Retention, Documentation, Availability of Information 11

Off-site Shipments 11

Compliance with Other Laws 12

Emergency Response and Notification of Releases 12

VII. AUTHORITY OF THE ON-SCENE COORDINATOR. 12

VIII. ENFORCEMENT: PENALTIES FOR NONCOMPLIANCE 13

IX. RESERVATION OF RIGHTS 13

X. OTHER CLAIMS 13

XI. MODIFICATIONS 14

XII. NOTICE OF COMPLETION 14

XIII. ACCESS TO ADMINISTRATIVE RECORD 14

XIV. OPPORTUNITY TO CONFER 14

XV. INSURANCE 15

XVI. ADDITIONAL REMOVAL ACTIONS 15

XVII. SEVERABILITY. 15

XVIII. EFFECTIVE DATE 16

APPENDICES: 1 a and b - Site Maps

2 - Action Memorandum

3 - Work Plan
I. JURISDICTION AND GENERAL PROVISIONS

1. This Order is issued pursuant to the authority vested in the President of the United States

by section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act

of 1980,42 U.S.C. § 9606(a), as amended ("CERCLA"), and delegated to the Administrator of the

United States Environmental Protection Agency ("EPA") by Executive Order No. 12580, January 23,

1987, 52 Federal Register 2923, and further delegated to the Regional Administrators by EPA

Delegation Nos. 14-14-A and 14-14-B and to the undersigned EPA officials.

2. This Order pertains to property located at the International Smelting and Refining Site

("IS&R Site"), located on the western slope of the Oquirrh Mountains in Tooel'e County, Utah, and

depicted generally on the map attached as Appendix la to this Order. In particular, this Order

pertains to that portion of the IS&R Site known as the Conservation Area ("Conservation Area" or

"Site") depicted on the map attached as Appendix Ib to this Order. This Order requires the

Respondent to conduct the Removal Actions described herein to abate an imminent and substantial

endangennent to the public health or welfare or the environment that may be presented by the actual

or threatened release of hazardous substances at or from the Site.

3. EPA has notified the State of Utah of this action pursuant to section 106(a) of CERCLA,

42 U.S.C. § 9606(a).

II. PARTIES BOUND

4. This Order applies to and is binding upon Respondent and Respondent's heirs, directors,

officers, employees, agents, receivers, trustees, successors and assigns. Any change in ownership or

corporate status of Respondent, including, but not limited to, any transfer of assets or real or personal

property shall in no way alter Respondent's responsibilities under this Order.

5. Respondent shall ensure.that its contractors, subcontractors, and representatives receive a copy

of this Order and comply with this Order. Respondent shall be responsible for any noncompliance

with this Order.

III. DEFINITIONS

6. Unless otherwise expressly provided herein, terms used in this Order which are defined in

CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in

CERCLA or in such regulations. Whenever terms listed below are used in this Order or in the

appendices attached hereto and incorporated hereunder, the following definitions shall apply:

"Action Memorandum" shall mean the Action Memorandum issued by EPA for the

Conservation Area of the IS&R Site on June 20, 2006, and attached to this Order as

Appendix 2.

"CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended, 42 U.S.C. §§ 9601.etseq.

"Day" shall mean a calendar day unless expressly stated to be a working day. "Working day"

shall mean a day other than a Saturday, Sunday, or Federal holiday. In computing any period
of'time under this Order, where the last day would fall on a Saturday, Sunday, or Federal

holiday, the period shall run until the close of business of the next working day.

"Effective Date" shall be the effective date of this Order as provided in Section XVIII.

"EPA" shall mean the United States Environmental Protection Agency and any successor

departments or agencies of the United States.

"Interest" shall mean interest at the rate specified for interest on investments of the Hazardous

Substance Superfund established under Subchapter A of Chapter 98 of Title 26 of the United

States Code, compounded annually on October 1 of each year, in accordance with 42 U.S.C.

§ 9607(a). The applicable rate of interest shall be the rate in effect at the time of accrual.

"National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous

Substances Pollution Contingency Plan promulgated pursuant to section 105 of CERCLA, 42

U.S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.

"O'rder" shall mean this Unilateral Administrative Order and all appendices attached hereto,

which are hereby incorporated by reference. In the event of conflict between this Order and

any appendix, this Order shall control.

"Paragraph" shall mean a portion of this Order identified by an arabic numeral.

"RCRA" shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. §§ 6901, et seq..

(also known as the Resource Conservation and Recovery Act).

"Removal Actions" shall mean those activities to be undertaken by Respondent in accordance

with the Conservation Area Removal Action Work Plan, attached to this Order as as

approved by EPA pursuant to this Order.

"Section" shall mean a portion of this Order identified by a roman numeral.

"Site" or "Conservation Area" shall mean the area designated and known as the Conservation

Area, comprising part of the International Smelting & Refining National Priority List

Superfund Site, in Tooele County, Utah, depicted generally on the map attached as Appendix

la and in more detail on the map attached as Appendix Ib to this Order. The Site also

encompasses any areas that hazardous substances or pollutants or contaminants from Site

activities are found to have been placed on or to have migrated.

"Waste Material" shall mean (1) any "hazardous substance" under section 101(14) of

CERCLA, 42 U.S.C. § 9601(14); and (2) any pollutant or contaminant under section 101(33)

of CERCLA, 42 U.S.C. § 9601(33).

"Work" shall mean all activities Respondent is required to perform under this Order.

"Work Plan" shall mean the plan entitled "Conservation Area Removal Action Work Plan"

(attached hereto as Appendix 3), and any modifications made to the Work Plan in accordance

with this Order, as approved by EPA pursuant to this Order.
IV. FINDINGS OF FACT

Site Description and History

7. In 1910, International Smelting & Refining Company (IS&R) began operating a copper

smelter (also referred to as the "Tooele Smelter") on the western slope of the Oquirrh Mountains

approximately three miles east of Tooele, Utah. In 1914, Anaconda Copper Mining Company, later

known as The Anaconda Company (Anaconda), acquired all of the stock of IS&R, which was then

dissolved. A new corporation, International Smelting Company (ISC), was formed and Anaconda,

the major shareholder of ISC, transferred the assets of the Tooele Smelter facility to ISC. In 1934,

ISC changed its name to International Smelting & Refining Company, the same name as the

company that first operated the facility. The newly formed IS&R owned and operated the Tooele

Smelter until 1973 when IS&R was merged into Anaconda. The Respondent, Atlantic Richfield

Company (AP.), acquired Anaconda in 1977 and merged Anaconda into AR in 1981. Respondent is

the current owner of the IS&R Site.

8. For more than sixty years, from 1910 until 1972, the Site was used for processing lead,

copper and zinc ores. Copper smelting began in 1910 under the ownership of IS&R, with 4,000 tons

of copper ore per day being processed. In 1912, IS&R built a lead smelter. Over the years, a leadzinc sulfide flotation mill and a slag treatment plant for lead and zinc recovery were added. Copper

production ceased in 1946, when the copper smelter closed. Lead smelting was discontinued in

1972. The smelter facility was demolished in 1972. From 1974 through 1981, the Anaconda

Company constructed and operated a mill known as the Carr Fork Operations, in or near Pine

Canyon. These activities resulted in the creation of large amounts of waste materials containing

heavy metals, including lead and arsenic.

9. Wastes from smelting and refining operations including tailings piles, slag, settling ponds,

land-filled material, and additional smelter wastes are present on portions of the IS&R Site. The

IS&R Site comprises approximately 1,200 acres.

10. The Utah Mined Land Reclamation Act of May 1975, required reclamation for the Can Fork

Operations. Respondent performed reclamation activities in both areas, the IS&R and the Carr Fork

operations, under the oversight of the Utah Division of Oil, Gas and Mining. Part of the reclamation

work was performed in the Conservation Area, including placement of cover material to support revegetation, consolidation of waste from areas of the IS&R Site and establishment of a permanent

waste repository. The Removal Action required under this Order addresses portions of the waste

repository cover.

11. In 1990, the Utah Division of Oil, Gas and Mining released Respondent of further mining

reclamation liability at the IS&R Site.

12. In April 1994, AR transferred a conservation easement to the State of Utah Division of

Wildlife Resources (Division) that established the Conservation Area boundaries and designated the

Division as Area manager for certain conservation purposes. Public access is generally restricted

under the easement, but additional uses recognized under the easement, pursuant to pre-existing

leases, include a gun firing range used by local citizens and City of Tooele, Utah, police.
13. In accordance with Section 105 of CERCLA, the IS&R Site was listed on the National

Priority List., as defined in Section 105 of CERCLA, as amended, 42 U.S.C. § 9605, on July 27,

2000.

14. On or about September 18,2001, AR entered into the Administrative Order on Consent for

Remedial Investigation/Feasibility Study, EPA Docket No. CERCLA-08-2001-12, ("RI/FS Order"),

to perform sampling activities at the Site to characterize the levels and extent of contamination. AR

sampled the Conservation Area as part of the RI/FS. The RI/FS work is currently underway at the

IS&R Site.

15. The Conservation Area is located on the western edge of the Site. This removal action

addresses identified areas within the Conservation Area associated with stressed vegetation and

remaining surface contamination.

16. Heavy metal soil contamination in the Conservation Area is a result of historical flooding and

the fallout of stack emissions from operations at the IS&R Site.

Release or Threatened Release

17. Operation of the Tooele Smelter and Carr Forks facilities, including transport of materials,

resulted in the deposition of Waste Material containing heavy metals, including lead and arsenic, in

and at areas near the Site, in levels that may threaten human health or the environment.

18. From December 4,2001, to June 13, 2004, AR, under EPA oversight in connection with the

RI/FS Order, performed soil sampling activities at the Conservation Area to define the areal extent of

contamination. These sampling efforts identified elevated concentrations of contaminants of

concern, including lead and arsenic, in the soils. More recent investigation and sampling identified

areas within the Conservation Area still impacted by contamination. These include areas of stressed

vegetation and areas of remaining surface contamination above soil action levels for the IS&R Site.

The results of these sampling activities are included in reports submitted by AR to EPA and are

summarized in the August 2004 Remedial Investigation Report (RI Report).

19. The RI Report provides the comprehensive results of the soil sampling at the IS&R Site

performed under EPA oversight. Based on these sampling results, at the Conservation Area, arsenic

ranged from 89 ppm to 4,545 ppm and lead sampling results ranged from 2,321 ppm to 14,850 ppm.

Endangeriment

20. The above-described hazardous substances and pollutants and contaminants are contained in

the soils in concentrations and quantities that may pose an imminent and substantial endangerment

to the public health and the environment. Outlined below are the specific endangerment criteria for

the major contaminants of concern found on the Site:

21. Multiple migration pathways and exposure routes exist within the Conservation Area Site

through which humans may be exposed to toxic concentrations of the contaminants of concern. The

principle pathways within this area include, for recreational or casual use: ingestion of contaminated

surface soils and ingestion and inhalation of airborne soil particles and contaminated dust.
22. Young children and adults may experience adverse health effects when exposed to elevated

concentrations of lead and arsenic and other metals in the soil. The primary route of exposure is via

incidental ingestion of the contaminated soil. Direct ingestion of contaminated soil can result from

actual consumption of soil or through the mouthing of contaminated objects. Children are the most

susceptible to exposure through this pathway. Other routes of exposure include inhalation of windblown soil particles and dermal contact with the soil.

23. Outlined below are the specific endangerment criteria for the major contaminants of concern

found on the Site:

Arsenic - Excess exposure to arsenic is known to cause a variety of adverse health effects in

humans. These effects depend on exposure level and duration. Arsenic is a known human

carcinogen. Inhalation exposure is associated with increased risk of lung, gastrointestinal, renal

or bladder cancer. Oral exposure to arsenic is associated with skin, liver, and bladder cancer. At

very high closes, oral exposure to arsenic elicits nausea and vomiting. Lower doses over a

chronic time period may elicit skin abnormalities, such as hyperkeratosis; kidney, and liver

toxicity.

Lead -- At high doses lead exposure is associated with adverse effects on reproduction and

development, as well inhibition of heme synthesis. At lower doses, impairment of the nervous

system in young children is considered to be of greatest concern. Younger children are more

susceptible to lead exposure because they absorb lead from their gastrointestinal tracts at a

greater rate than adults do, their neurological systems are still rapidly developing, and they have

more direct contact with soil and indoor dust than adults do. These neurological effects manifest

as decreased I.Q., shortened attention span, and decreased hand and eye coordination. EPA

classifies lead as a B2 carcinogen. Studies in animals show an increased incidence of kidney

tumors in association with very high levels of lead exposure.

24. In June 2003, EPA completed a risk assessment entitled "Baseline Human Health Risk

Assessment for the International Smelting and Refining Site Tooele County, Utah (Final)" USEPA,

Region 8, June 2003 ("EPA Risk Assessment"). Additional information relating to risk assessment

and action levels at the Site is presented in a document entitled "Human Health Cleanup Levels for

Arsenic and Lead in Soil at the IS&R Site," (2003).

25. Health-based action levels were established by EPA based on the risk assessment performed

at the Site. EPA has identified soil action levels for this Removal Action of 8,000 ppm for lead and

900 ppm for arsenic. These action levels are consistent with action levels for the other nonresidential areas of the IS&R Site. Soil lead and arsenic levels in the Conservation Area., subject to

this Removal Action, exceed the action levels identified for this Removal Action.

Respondent

26. Respondent is Atlantic Richfield Company. Atlantic Richfield Company is a Delaware

corporation registered in the State of Utah as a qualified, active corporation in good standing,

organized in the State of Utah on April 30, 1985.

27. Respondent is the current "owner" and "operator" and was the "owner" and "operator" at the

Site at the time of disposal of hazardous substances or pollutants or contaminants at the facility, as
defined by section 101(20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of sections

107(a)(l) and (2) of CERCLA, 42 U.S.C. §§ 9607(a)(l) and (2).

Response Actions

28. There have been prior CERCLA response actions at the Site, including the RI/FS, and

specifically for the Conservation Area, the sampling and investigatory efforts described above.

Pursuant to the Action Memorandum, approximately 5,000 cubic yards of contaminated soil should

be removed and the excavated areas backfilled with clean soil, and approximately 1.4 acres of

stressed vegetation should be addressed through application.of clean cover and re-planting.

29. EPA has incurred response costs in both its sampling and oversight activities at and in

connection with the Site.

V. CONCLUSIONS OF LAW AND DETERMINATIONS

30. Based on the Findings of Fact set forth above and the Administrative Record supporting this

Removal Action, EPA has determined that:

a. The Site is a "facility" as defined by section 101(9) of CERCLA, 42 U.S.C. § 9601(9).

b.The Waste Material found at the Site, as identified in the Findings of Fact above, include

"hazardous substance(s)" as defined by section 101(14) of CERCLA, 42 U.S.C. § 9601(14), and

"pollutants or contaminants" as defined by section 101(33) of CERCLA, 42 U.S.C. § 9601(33).

These include lead and arsenic.

c. Respondent is a "person" as defined by section 101(21) of CERCLA, 42 U.S.C.

§9601(21).

d. Respondent is liable under section 107(a) of CERCLA, 42 U.S.C. § 9607(a), for

performance of response actions and for response costs incurred and to be incurred at the Site.

Respondent is the current "owner" and "operator" of the facility and was the "owner" and/or

"operator" of the facility at the time of disposal of hazardous substances, as defined by section

101(20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of section 107(a)(2) of

CERCLA, 42 U.S.C. § 9607(a)(2).

e. The; conditions described in the Findings of Fact above constitute an actual or threatened

"release" of a hazardous substance from the facility as defined by section 101(22) of CERCLA,

42 U.S.C. §9601(22).

f. The conditions present at the Site constitute an imminent and substantial endangerment to

public health or welfare or the environment within the meaning of section 106(a) of CERCLA,

42 U.S.C. § 9606(a). These conditions include, but are not limited to: actual or potential

exposure to human populations, animals, or the food chain from hazardous substances or

pollutants or contaminants; this factor is present at the Site due to the existence of metals,

including lead and arsenic, in the soils at the Site and the proximity of residential areas and other

areas to which people and animals have access; and the high levels of hazardous substances or

pollutants or contaminants in soils largely at or near the surface that may migrate, due to wind
and tracking or other transport of soils by human activity.

g. The actions required by this Order are necessary to protect the public health or welfare or

the environment, are in the public interest, are not inconsistent with CERCLA and the NCP, and

will expedite effective remedial action and minimize litigation.

VI. ORDER

31. Based upon the foregoing Findings of Fact, Conclusions of Law and Determinations, and the

Administrative Record for this Site, EPA hereby orders that Respondent comply with the following

provisions, including, but not limited to, all attachments (appendices) to this Order, all documents

incorporated by reference into this Order, and all schedules and deadlines in this Order, attached to

this Order, or incorporated by reference into this Order, and perform the following actions:

Notice of IIntent to Comply

32. Respondent shall notify EPA in writing within ten (10) days after the effective date of this

Order of Respondent's irrevocable intent to comply with this Order. Failure of Respondent to

provide such notification within this time period shall be a violation of this Order by Respondent.

Designation of Contractor. Project Coordinator, and EPA Project Coordinator

33. a. Respondent shall perform the Removal Actions or retain a contractor(s) to perform the

Removal Actions. Respondent shall notify EPA of Respondent's qualifications or the name(s) and

qualification(s) of such contractor(s) within ten (10) business days of the effective date of this Order.

Respondent shall also notify EPA of the name(s) and qualification(s) of any other contractor(s) or

subcontractor(s) retained to perform the Removal Actions under this Order at least fifteen (15) days

prior to commencement of such Removal Actions. EPA retains the right to disapprove of any, or all,

of the contractors and/or subcontractors retained by Respondent, or of Respondent's choice of itself

to do the Removal Actions. If EPA disapproves of a selected contractor or Respondent, Respondent

shall retain a different contractor or notify EPA that it will perform the Removal Actions itself within

five (5) business days following EPA's disapproval and shall notify EPA of that contractor's name or

Respondent's name and qualifications within five (5) business days of EPA's disapproval.

b. Within ten (10) days after the effective date of this Order, Respondent shall designate a

Project Coordinator who shall be responsible for administration of all the Respondent's actions

required by the Order. Respondent shall submit the designated coordinator's name, address,

telephone number, and qualifications to EPA. To the greatest extent possible, the Project

Coordinator shall be present onsite or readily available during Site Work. EPA retains the right to

disapprove of any Project Coordinator named by Respondent. If EPA disapproves of a selected

Project Coordinator, Respondent shall retain a different Project Coordinator and shall notify EPA of

that person's name and qualifications within five (5) business days following EPA's disapproval.

Receipt by Respondent's Project Coordinator of any notice or communication from EPA relating to

this Order shall constitute receipt by Respondent.

34. EPA has designated Erna Waterman, Superfund Remedial Section, Region 8, as its Project

Coordinator. Except as otherwise provided in this Order, Respondent shall direct all submissions

required by this Order to:
Erna Waterman

International Smelting & Refining Remedial Project Manager

Superfund Remedial Section, 8EPR-SR

US EPA, Region 8

999 18th Street, Suite 300

Denver, CO 80202-2466

Phone:(303)312-6762

Fax:(303)312-6897

Work to Be Performed

35. Respondent shall perform, at a minimum, all activities contained in the Conservation Area

Removal Action Work Plan, attached hereto as Appendix 3, for investigation of threatened or actual

releases of metals at the Site, including but not limited to lead and arsenic, and prepare and submit a

final report on the work performed. Protocols for any necessary sampling in connection with the

Work shall be under the direction of EPA. Respondent shall implement the Work Plan in accordance

with the schedule provided therein.

36. Respondent shall perform, at a minimum, all actions necessary to implement the Work Plan.

Respondent shall implement the Health and Safety Plan (HASP), attached hereto as part of Appendix

3 to this Order, to ensure the protection of health and safety during performance of Work under this

Order.

a. Respondent shall implement the Quality Assurance Project Plan (QAPP), as accepted by EPA

for the IS&R Site, during the performance of these removal actions. All sampling and analyses

performed pursuant to this Order shall conform to EPA direction, approval, and guidance regarding

sampling, quality assurance/quality control ("QA/QC"), data validation, and chain of custody

procedures. Respondent shall implement and conform to the Quality Assurance Project Plan

(QAPP), accepted by EPA for the IS&R Site, that ensures that the laboratory used to perform the

analyses participates in a QA/QC program that complies with the appropriate EPA guidance. As

specified in trie approved QAPP, Respondent shall follow, as appropriate, "Quality

Assurance/Quality Control Guidance for Removal Activities: Sampling QA/QC Plan and Data

Validation Procedures" (OSWER Directive No. 9360.4-01, April 1, 1990), as guidance for QA/QC

and sampling. Respondent shall only use laboratories that have a documented Quality System that

complies with ANSI/ASQC E-4 1994, "Specifications and Guidelines for Quality Systems for

Environmental Data Collection and Environmental Technology Programs" (American National

Standard, January 5, 1995), and "EPA Requirements for Quality Management Plans (QA/R-2)

(EPA/240/B-01/002, March 2001)," or equivalent documentation as determined by EPA. EPA may

consider laboratories accredited under the National Environmental Laboratory Accreditation Program

("NELAP") as meeting the Quality System requirements.

b.Upon request by EPA, Respondent shall have such a laboratory analyze samples submitted by

EPA for QA monitoring. Respondent shall provide to EPA the QA/QC procedures followed by all

sampling teams and laboratories performing data collection and/or analysis.

c. Upon request by EPA, Respondent shall allow EPA or its authorized representatives to take

split and/or duplicate samples of any samples collected by Respondent while performing actions
under this Order. Respondent shall notify EPA not less than five (5) days in advance of any sample

collection activity. EPA shall have the right to take any additional samples that it deems necessary.

Reporting

d. Respondent shall submit a written progress report to EPA concerning actions undertaken

pursuant to this Order by no later than the seventh (7th) day of each month during performance of the

Work until the cessation of the Removal Actions required under this Order, unless otherwise directed

in writing by the EPA Project Coordinator. These reports shall describe all significant developments

during the preceding period, including the actions performed and any problems encountered,

analytical data received during the reporting period, and the developments anticipated during the next

reporting period, including a schedule of Work to be performed, anticipated problems, and planned

resolutions of past or anticipated problems.

e. Any Respondent and Successor in title shall, at least 30 days prior to the conveyance of any

interest in real property at the Site, give written notice of this Order to the transferee and written

notice to EPA of the proposed conveyance, including the name and address of the transferee. The

party conveying such an interest shall require that the transferee comply with Section VI., Paragraphs

35 and 36 of i:his Order (Access to Property and Information).

Final Report

f. Within thirty (30) days after completion of all Removal Actions required under this Order, the

Respondent shall submit for EPA review and approval a final report summarizing the actions taken

to comply with this Order. The final report shall conform, at a minimum, with the requirements set

forth in section 300.165 of the NCP entitled "OSC Reports". The final report shall include a good

faith estimate of total costs or statement of actual costs incurred in complying with the Order, a

listing of quantities and types of materials removed, a discussion of removal and disposal options

considered for those materials, a listing of the ultimate destinations of those materials, a presentation

of the analytical results of all sampling and analyses performed, and accompanying appendices

containing all relevant documentation generated during the Removal Actions (e.g.. manifests,

invoices, bills, contracts, and permits). The final report shall also include the following certification

signed by a person who supervised or directed the preparation of that report:

"Under penalty of law, I certify that to the best of my knowledge, after appropriate

inquiries of all relevant persons involved in the preparation of the report, the

information submitted is true, accurate, and complete. I am aware that there are

significant penalties for submitting false information, including the possibility of fine

and imprisonment for knowing violations."

Access to Property and Information

37. Respondent shall provide and/or obtain access to the Site and off-site areas to which access is

necessary to implement this Order, and provide access to all records and documentation related to the

conditions at the Site and the action conducted pursuant to this Order. Such access shall be provided

to EPA employees, contractors, agents, consultants, designees, representatives, and State of Utah

representatives. These individuals shall be permitted to move freely at the Site and appropriate offsite areas in order to conduct actions which EPA determines to be necessary. Respondent shall

10
submit to EPA, upon receipt, the results of all sampling or tests and all other data generated by

Respondent or its contractor(s), or on the Respondent's behalf during implementation of this Order.

38. Where action under this Order is to be performed in areas owned by or in possession of

someone other than Respondent, Respondent shall use its best efforts to obtain all necessary access

agreements within thirty (30) days after the effective date of this Order, or as otherwise specified in

writing by the EPA Project Coordinator. Respondent shall immediately notify EPA if, after using its

best efforts, Respondent is unable to obtain such agreements. Respondent shall describe in writing

its efforts to obtain access. EPA may then assist Respondent in gaining access, to the extent

necessary to effectuate the Removal Actions described herein, using such means as EPA deems

appropriate. EPA reserves the right to seek reimbursement from Respondent for all costs and

attorney's fees incurred by the United States in obtaining access for Respondent.

Record Retention. Documentation. Availability of Information

39. Respondent shall preserve all documents and information relating to Work performed under

this Order, or relating to the hazardous substances found on, or released from, the Site, for ten years

following completion of the Removal Actions required by this Order. At the end of this ten year

period and thirty (30) days before any document or information is destroyed, Respondent shall notify

EPA that such documents and information are available to EPA for inspection, and upon request,

shall provide the originals or copies of such documents and information to EPA. In addition,

Respondent shall provide documents and information retained under this Section at any time before

expiration of the ten-year period at the written request of EPA.

40. Respondent may assert a business confidentiality claim pursuant to 40 C.F.R. § 2.203(b) with

respect to part or all of any information submitted to EPA pursuant to this Order, provided such

claim is allowed by section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7). Analytical and other

data specified in section 104(e)(7)(F) of CERCLA shall not be claimed as confidential by the

Respondent. EPA shall only disclose information covered by a business confidentiality claim to the

extent permitted by, and by means of the procedures set forth at, 40 C.F.R. Part 2, Subpart B. If no

such claim accompanies the information when it is received by EPA, EPA may make it available to

the public without further notice to Respondent.

41. Respondent shall maintain a running log of privileged documents on a document-by -

document basis, containing the date, author(s), addressee(s), subject, the privilege or grounds

claimed (e.g.. attorney work product, attorney-client), and the factual basis for assertion of the

privilege. Respondent shall keep the "privilege log" on file and available for inspection. EPA may

at any time challenge claims of privilege through negotiations or otherwise as provided by law or the

Federal Rules of Civil Procedure.

Off-Site Shipments

42. All hazardous substances or pollutants or contaminants removed offsite pursuant to this Order

for treatment, storage, or disposal shall be treated, stored, or disposed of at a facility in compliance,

as determined by EPA, with 42 U.S.C.§ 9621 (d)(3) and the EPA "Revised Procedures for

Implementing Off-Site Response Actions," OSWER Directive Number 9834.11, November 13,

1987. Regional Offices will provide information on the acceptability of a facility under section

121(d)(3) of CERCLA and the above directive. Unless impracticable, prior notification of out-of11
state waste shipments should be given to the EPA Project Coordinator consistent with OSWER

Directive 9330.2-07.

Compliance With Other Laws

43. Respondent shall perform all actions required pursuant to this Order in accordance with

all applicable local, state, and federal laws and regulations except as provided in CERCLA section

121(e) and 40 C.F.R. section 300.415(i). In accordance with 40 C.F.R. § 300.415(1), all on-site

actions required pursuant to this Order shall, to the extent practicable, as determined by EPA

considering the exigencies of the situation, attain applicable or relevant and appropriate requirements

(ARARs) under federal environmental, state environmental, or facility siting laws, (see "The

Superfund Removal Procedures for Consideration of ARARs During Removal Actions," OSWER

Directive No. 9360.3-02, August 1991).

Emergency Response and Notification of Releases

44. Respondent shall notify EPA at least 48 hours prior to performing any on-cite Work

pursuant to the Work Plan. This is a one-time notice requirement for the Work described herein.

Respondent shall not commence or undertake any Removal Actions at the Site without prior EPA

approval and except in conformance with the terms of this Order.

45. If any incident, or change in Site conditions, during the actions conducted pursuant to this

Order causes or threatens to cause an additional release of hazardous substances from the Site or an

endangerment to the public health or welfare or the environment, Respondent shall immediately take

all appropriate action. Respondent shall take these actions in accordance with all applicable

provisions of this Order, including, but not limited to the Health and Safety Plan, in order to prevent,

abate or minimize such release or endangerment caused or threatened by the release. Respondent

shall also immediately notify the EPA Project Coordinator or, in the event of his or her

unavailability, shall notify the National Response Center at (800) 424-8802 of the incident or Site

conditions. If Respondent fails to take action, then EPA may respond to the release or endangerment

and reserve the right to pursue cost recovery.

46. In addition, in the event of any release of a hazardous substance, Respondent shall

immediately notify EPA's EPA Project Coordinator at (303) 312-6762 and the National Response

Center at (800) 424-8802. Respondent shall submit a written report to EPA within seven (7) days

after each release, setting forth the events that occurred and the measures taken or to be taken to

mitigate any release or endangerment caused or threatened by the release and to prevent the

reoccurrence of such a release. This reporting requirement is in addition to, not in lieu of, reporting

under CERCLA section 103(c) and section 304 of the Emergency Planning and Community RightTo-Know Actof 1986.42U.S.C. §§ 11001, et sea.

VII. AUTHORITY OF THE EPA PROJECT COORDINATOR

47. The EPA Project Coordinator shall be responsible for overseeing the proper and complete

implementation of this Order. The Project Coordinator shall have the authority vested in an OSC by

the NCP, 40 C.F.R.§ 300.120, including the authority to halt, conduct, or direct any action required

by this Order, or to direct any other removal action undertaken by EPA or Respondent at the Site.

12
Absence of the EPA Project Coordinator from the Site shall not be cause for stoppage of Work

unless specifically directed by the EPA Project Coordinator.

48. EPA and Respondent shall have the right to change their respective, designated Project

Coordinators. EPA shall notify Respondent, and Respondent shall notify EPA five (5) days before

such a change is made. Notification may initially be made orally, but shall be followed promptly by

written notice.

VIII. ENFORCEMENT: PENALTIES FOR NONCOMPLIANCE

49. Violation of any provision of this Order may subject Respondent to civil penalties of up

to thirty-two thousand five hundred dollars ($32,500) per violation per day, as provided in section

106(b)(l) of CERCLA, 42 U.S.C. § 9606(b)(l). Respondent may also be subject to punitive

damages in em amount up to three times the amount of any cost incurred by the United States as a

result of such violation, as provided in section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3).

Should Respondent violate this Order or any portion hereof, EPA may carry out the required actions

unilaterally, pursuant to section 104 of CERCLA, 42 U.S.C. § 9604, and/or may seek judicial

enforcement of this Order pursuant to section 106 of CERCLA, 42 U.S.C. § 9606.

IX. RESERVATION OF RIGHTS

50. Except as specifically provided in this Order, nothing herein shall limit the power and

authority of EPA or the United States to take, direct, or order all actions necessary to protect public

health or welfare or the environment or to prevent, abate, or minimize an actual or threatened release

of hazardous substances or pollutants or contaminants, or hazardous or solid waste on, at, or from the

Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief to enforce the

terms of this Order, from taking other legal or equitable action as it deems appropriate and necessary,

or from requiring Respondent in the future to perform additional activities pursuant to CERCLA or

any other applicable law. EPA reserves the right to bring an action against Respondent under section

107 of CERCLA, 42 U.S.C. § 9607, for recovery of any Response Costs incurred by the United

States related to this Order or the Site and not reimbursed by Respondent.

X. OTHER CLAIMS

51. By issuance of this Order, the United States and EPA assume no liability for injuries or

damages to persons or property resulting from any acts or omissions of Respondent. The United

States or EPA shall not be deemed a party to any contract entered into by the Respondent or its

directors, officers, employees, agents, successors, representatives, assigns, contractors, or consultants

in carrying out actions pursuant to this Order.

52. This Order does not constitute a pre-authorization of funds under section 111(a)(2) of

CERCLA, 42 U.S.C. § 961 l(a)(2).

53. Nothing in this Order shall constitute a satisfaction of or release from any claim or cause

of action against Respondent or any person not a party to this Order, for any liability such person

may have under CERCLA, other statutes, or the common law, including but not limited to any claims

13
of the United States for costs, damages and interest under section 106(a) and 107(a) of CERCLA, 42

U.S.C. §§ 9606(a) and 9607(a).

XI. MODIFICATIONS

54. Modifications to any plan or schedule under this Order may be made in writing by the

EPA Project Coordinator or at the EPA Project Coordinator's oral direction. If the EPA Project

Coordinator makes an oral modification, it will be memorialized in writing within seven (7) days;

provided, however, that the effective date of the modification shall be the date of the EPA Project

Coordinator's oral direction. The rest of the Order, or any other portion of the Order may only be

modified in writing by signature of the undersigned EPA program director.

55. If Respondent seeks permission to deviate from any approved plan or schedule or the

Statement of Work, Respondent's Project Coordinator shall submit a written request to EPA for

approval outlining the proposed modification and its basis.

56. No informal advice, guidance, suggestion, or comment by EPA regarding reports, plans,

specifications, schedules, or any other writing submitted by the Respondent shall relieve Respondent

of its obligations to obtain such formal approval as may be required by this Order and to comply with

all requirements of this Order unless it is formally modified. No failure or delay by EPA to

acknowledge, or make a decision with regard to, any request by Respondent to deviate from any

approved plan or schedule or from the requirements and procedures set forth in the Work Plan shall

relieve Respondent of its obligations to comply with all requirements of this Order unless it is

formally modified in accordance with the procedures set forth herein.

XII. NOTICE OF COMPLETION

57. When EPA determines, after EPA's review of the Final Report, that all Work has been

fully performed in accordance with this Order, with the exception of any continuing obligations

required by this Order, EPA will provide notice to Respondent. If EPA determines that any Removal

Actions have not been completed in accordance with this Order, EPA will notify Respondent,

provide a list of the deficiencies, and require that Respondent modify the Work Plan to correct such

deficiencies. The Respondent shall implement the modified and approved Work Plan and shall

submit a modified Final Report in accordance with the EPA notice. Failure by Respondent to

implement the approved modified Work Plan shall be a violation of this Order.

XIII. ACCESS TO ADMINISTRATIVE RECORD

58. The Administrative Record supporting these Removal Actions is available for review

during normal business hours at the EPA Region 8 Superfund Records Center on the 5th floor, at 999

18th Street, in Denver, CO.

XIV. OPPORTUNITY TO CONFER

59. Within five (5) days after the effective date of this Order, Respondent may request a

conference with EPA. Any such conference shall be held within seven (7) days after the effective

date unless extended by agreement of EPA and Respondent. At any conference held pursuant to the

14
request, Respondent may appear in person or be represented by an attorney or other representative.

60. If a conference is held, Respondent may present any information, arguments or comments

regarding this Order. Regardless of whether a conference is held, Respondent may submit any

information, arguments or comments in writing to EPA within three (3) days following the

conference, or within ten (10) days following issuance of the Order if no conference is requested.

This conference is not an evidentiary hearing, does not constitute a proceeding to challenge this

Order, and does not give Respondent a right to seek review of this Order. Requests for a conference,

or any written submittal under this Paragraph, shall be directed to James Stearns, Enforcement

Attorney, U.S. EPA (8ENF-L), 999 18th Street, Suite 300, Denver, CO 80202-2466, telephone (303)

312-6912.

XV. INSURANCE

61. At least seven (7) days prior to commencing any on-site Work under this Order,

Respondent shall secure, and shall maintain for the duration of this Order, comprehensive general

liability insurance and automobile insurance with limits of two million dollars, combined single

limit. Within the same time period, Respondent shall provide EPA with certificates of such

insurance and a copy of each insurance policy. If Respondent demonstrates by evidence satisfactory

to EPA mat any contractor or subcontractor maintains insurance equivalent to that described above,

or insurance covering the same risks but in a lesser amount, then Respondent need provide only that

portion of the insurance described above which is not maintained by such contractor or

subcontractor.

XVI. ADDITIONAL REMOVAL ACTIONS

62. If EPA determines that additional removal actions not included in an approved plan are

necessary to protect public health or welfare or the environment, EPA will notify Respondent of that

determination. Unless otherwise stated by EPA, within thirty (30) days of receipt of notice from

EPA that additional removal actions are necessary to protect public health or welfare or the

environment, Respondent shall submit for approval by EPA a Work Plan for the additional removal

actions. ITie draft Work Plan shall provide a description of, and an expeditious schedule for, the

action required by EPA as additional removal actions. EPA may approve, disapprove, require

revisions to, or modify the draft Work Plan. If EPA requires revisions, Respondent shall submit a

revised draft Work Plan within (20) days of receipt of EPA's notification of the required revisions.

Respondent shall implement the Work Plan as finally approved in writing by EPA in accordance

with the provisions and schedule approved by EPA. Once approved, or approved with modifications,

the Work Plan, the schedule, and any subsequent modifications shall be fully enforceable under this

Order. Respondent shall notify EPA at least 48 hours prior to performing any on-site work pursuant

to the EPA approved Work Plan. Respondent shall not commence or undertake any removal actions

at the Site without prior EPA approval. This Section does not alter or diminish the EPA Project

Coordinator's authority to make oral modifications to any plan or schedule pursuant to Section XI.

XVII. SEVERABILITY

63. If a court issues an order that invalidates any provision of this Order .or finds that

Respondent has sufficient cause not to comply with one or more provisions of this Order,

15
Respondent shall remain bound to comply with all provisions of this Order not invalidated or

determined to be subject to a sufficient cause defense by the court's order.

XVIII. EFFECTIVE DATE

j ^ c \4jtdf

64. This Order shall be effective five (5) days after the Order is signed by EPA.

IT IS SO ORDERED;

By:(^W4^///fS/ZKf ^ /ft-A*£». Date.

^David Ostrander, Direcfer v

Preparedness, Assessment, and Emergency Response Program

Office of Ecosystems Protection and Remediation

U.S. Environmental Protection Agency, Region 8

EFFECTIVE DATE: ^'^

•16
In the Matter of: Atlantic Richfield Company; Conservation Area Removal Site

EPA Docket No. CERCLA-08-2006-0010

The undersigned hereby certifies that the original and one copy of the attached

UNILATERAL ADMINISTRATIVE ORDER FOR REMOVAL RESPONSE ACTIVITIES was

hand-carried to the Regional Hearing Clerk, EPA Region 8, 999 18th Street, Denver, Colorado,

and that a true copy of the same was sent via first class mail to:

Richard O. Curley, Jr.

Counsel for Atlantic Richfield Company

Holland & Hart, L.L.P.

P.O. Box 8749

Denver, CO 80201-8749

. '7

Date n and print name below]

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Generol Notes

STATE OF UTAH

Revision/Issue Dote

ATLANTIC RICHFIELD

COMPANY

IS&R/CARR FORK

ANDERSON ENGINEERING COMPANY. INC.

DRAWN BY: GKL

ENGINEERLOCATION MAP

REMEDIAL INVESTIGATION

TOOELE. UTAH

THESE PUNS AND SPECIFICATIONS ARE THE PROPERTY OF ANDERSON ENGINEERING COMPANY, INC., 977 WEST 2100 SOUTH,

SALT LAKE CITY, UTAH. B4119 AND SHALL NOT BE COPIED, REDUCED, OR REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.

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SECTION 1

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ATLANTIC RICHFIELD

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SITE PLAN OF

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THESE PLANS AND SPECIFICATIONS ARE THE PROPERTY OF ANDERSON ENGINEERING COMPANY, INC., 977 WEST 2100 SOUTH,

SALT LAKE CITY. UTAH, 84119 AND SHALL NOT BE COPIED, REDUCED, OR REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.
t'4ft

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

999 18TM STREET- SUITE 200

DENVER, CO 80202-2466

Phone 800-227-8917

http://www.epa.gov/region08

Ref: 8EPR-SR

ENFORCEMENT ACTION MEMORANDUM

6-20-06

SUBJECT: Request for Time Critical Removal Action (TCRA) at the International Smelting

and Refining (IS&R) Conservation Area of the IS&R Site, Tooele County, Utah

FROM: Ema Waterman

RPM

THROUGH: Bert Garcia, Director

Superfund Remedial Pro"

David Ostrander, Director

Emergency Response Program

Kathie Atencio, Unit B Leader

Superfund Remedial Program

TO: Max H. Dodson, Assistant Regional Administrator

Office of Ecosystems Protection and Remediation

Site ID #086Y

Category of Removal: Time Critical by Potential Responsible Party (PRP)

I. PURPOSE:

The purpose of this Action Memorandum is to request and document approval for the proposed

Removal Action described herein for a portion of the International Smelting and Refining

Superfund Site (UTD093120921) in Pine Canyon, Utah (IS&R Site). Conditions existing at this

Site present an endangerment to human health and the environment and meet the criteria for

initiating a Removal Action under 40 C.F.R. Section 300.415(b)(2) of the National Contingency

Plan (NCP). The actions discussed in this memorandum are anticipated to require less than 12

months to complete. This Action Memorandum documents the Agency's selection of a removal

(response) action described below:

This Removal Action requires the removal and capping of several isolated areas located in the

IS&R Conservation Area. Current conditions at the Conservation Area indicate that there are

some pockets of contaminated soil which need removal. Once the contamination has been
removed, placement of at least 12 inches of clean fill over these areas followed by grading and

placement of native grass seeds to establish a healthy environment for this community.

II. SITE CONDITIONS AND BACKGROUND

Site Description

Copper smelting began at the Site in 1910 and continued until 1972. The 1,200 acre

IS&R Site was placed on the National Priorities List (NPL) on July 27,2000. The Site

consists of lands impacted by historic smelting and milling activities which took place in

this area in the early to mid 1900's. The area to be remediated under this Removal

Action is owned by Atlantic Richfield Company (ARCO), which is an affiliate of British

Petroleum, and is managed by the State of Utah, Division of Wildlife, pursuant to a

conservation easement between the Division and ARCO. The area involved encompasses

all of the Atlantic Richfield property where the smelter and tailings impoundments once

stood. The Management Plan for this area is entitled Carr Fork Reclamation and Wildlife

Management Area. The Plan was executed on August 24, 1995. See Figures 1 and Cl.

Physical Location

The IS&R Site is located near Pine Canyon and the City of Tooele, Utah, approximately

30 miles southwest of Salt Lake City, in Tooele County, Utah. The IS&R Site is located

in Sections 7, 18, 19, and 30 of T3S-R3W and Sections 12,13, 14, 23, and 24 of T3SR4W, Salt Lake Meridian. The IS&R Site is roughly bounded by the Oquirrh mountains

to the east, rural and residential farmland on the north and south, and Pine Canyon

Township and the City of Tooele to the west. This Removal Action will address the

Conservation Area portion of the IS&R Site. A depiction of the Site with the proposed

actions is presented in Figures 1 and Cl.

Site Characteristics

Copper smelting began at the IS&R Site in 1910 and continued until 1972. An estimate

of 650,000 tons a year of waste slag, dust and tailings were produced at this facility

annually. The PRP demolished the buildings and scraped the land as well as constructed

an on-site 215 cubic yard waste isolation cell to hold the debris under a 1986 voluntary

agreement with the State of Utah. The area was subject to prior soils remediation and revegetation, but further investigation revealed that areas of contamination and areas of

stressed vegetation still exist.

Release or Threatened Release into the Environment of a Hazardous Substance, or

Pollutant or Contaminant

Lead and arsenic are the primary contaminants of concern. These contaminants have

been released into the soils by historic smelting and refinery activities. The soil areas

needing remediation have been found to have lead and arsenic above the trigger values
agreed upon by the EPA and Utah Department of Environmental Quality as detailed in a

letter from the EPA to the PRP on March 23,2006. Additional details are available in the

Remedial Investigation Report dated August 2004. The action level for this soil is 900

ppm arsenic and 8,000 ppm for lead.

NPL Status

A Preliminary Assessment/Site Investigation (PA/SI) was completed in 1984 for the Site

by the Utah Department of Environmental Quality (UDEQ), with additional expanded

Site Investigation (SI) work completed in 1995 and 1996. The work to be performed

under this Removal Action is on the International Smelting and Refining Superfund Site

which was listed on the National Priorities List on July 27, 2000.

OTHER ACTIONS TO DATE:

+ In 1986 and 1987 the PRP performed extensive voluntary reclamation response

actions at the property to control potential risks to health and the environment.

Details of this effort are provided in the Remedial Investigations Report, August

2004, Section 1.3.5 (Previous Reclamation Remedial Actions) at pages 1.25 thru

1.32.

+ The PRP prepared a Remedial Investigation (RI) - Feasibility Study (FS) under an

Administrative Order on Consent (AOC)

+ The PRP conducted a Time Critical Removal Action at the Pine Canyon

Township residential properties. The Action Memorandum was signed on July

16, 2004, and this work was completed in the fall of 2005.

+ The PRP conducted a Time Critical Removal Action for the Tooele County Rail

Road bed which included contaminated soils located in and around some

residences and the local golf course. This work was conducted during the summer

of2005.

+ The Remedial Investigation (RJ) Report for the site details areas where soil

exceeds the action levels established for this removal action.

STATE AND LOCAL AUTHORITIES ROLES

UDEQ is the support agency for oversight of the Remedial Investigation/Feasibility Study

(RI/FS) for this Site. UDEQ was actively involved in the preliminary investigations and will

continue to play a vital role in this Removal Action. Tony Howes, Project Manager for Utah

Department of Environmental Quality (UDEQ) will be providing oversight as well as EPA

contractor TTElVlI as addressed in this Action Memorandum. In addition, Mr. Howes resides in

Tooele County. In addition to the UDEQ, the Tri County Health Department has played an

active role in contacting the public regarding the risks from arsenic and lead contaminated soils.
They along with others from the community participate in a Community Action Group (CAG)

which meets quarterly at the Health Department regarding activities at this Site.

THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

Past and Current Threats to Public Health or Welfare

Conditions at the Site present an imminent and substantial endangerment to human health

and the environment and meet the criteria for initiating a Removal Action under 40

C.F.R. section 300.415(b)(2) of the NCP. The following factors from Section

300.415(b)(2) of the NCP form the basis for EPA's determination of the threat presented

and the appropriate action to be taken:

(i) Actual or potential exposure to nearby human populations, animals or the food

chain from hazardous substances or contaminants;

(ii) High levels of hazardous substances, largely at or near the surface of residential

soils that may migrate. The residential soils were cleaned up during the summer

of2005.

Additional details can be found in a document entitled Human Health Cleanup Levels for

Arsenic and Lead in Soil at the IS&R Site, prepared by Syracuse Research Corporation,

in 2003. See Attachment 2 - Letter from EPA regarding action levels.

Threats to the Environment

The primary threat identified is exposure to human populations. Pets, and to a lesser

degree wildlife, would be affected as they come into direct contact with the contamination

within the residential areas.

Additional details can be found in a document entitled Baseline Ecological Risk

Assessment for the International Smelting & Refining Site, Tooele County, Utah,

which was prepared by Syracuse Research Corporation, hi 2004

ENDANGERMENT DETERMINATION

The actual or threatened releases of hazardous substances from this Site, if not addressed by

implementing the response action selected in this Action Memorandum, may present an

imminent and substantial endangerment to public health or welfare or the environment.
PROPOSED ACTIONS AND ESTIMATED COST

1) The most extensive reclamation of the Site took place in 1986. Subsequent

smaller actions have also addressed remaining issues at the site. The remaining work

is for localized areas where the previously installed cap is not currently supporting

adequate vegetation or areas where smelter residues remain. The current action levels

for lead (8,000 ppm) and arsenic (900 ppm) are lower than what was initially

determined.

2) At several locations, there is evidence of smelter residues on the surface which

will be excavated to a depth of 12 inches, and the material will then be removed to the

on--site repository. Excavated areas will be backfilled, and the surface seeded with

native grasses and forbs.

3) Some storm water controls constructed as part of the reclamation work require

some modification and repair. This will entail constructing berms and waterways and

placing erosion control materials (rip rap) as detailed in the Work Plan.

4) Additional cleanup and remediation work to be performed includes backfilling

areas around old foundations and vaults that have experienced subsidence since the

reclamation work was completed.

All clean fill materials will be obtained on site. Imported materials may include rock products,

erosion mat and soil amendments. All disturbed areas will be seeded with native species.

Anticipated equipment requirements include excavators, medium size dozers, 10-wheel size

dump trucks, and road maintenance equipment. All work will be performed in or near areas of

public access and must be performed with due regard to public safety and minimal

inconvenience, Dust control and tracking onto public roads will be properly managed.

The actions discussed in this memorandum are anticipated to require less than 12 months for

completion.

Based on the nature of the Site conditions and response, there are no nationally significant or

precedent-setting issues associated with this Removal Action. The actions discussed in this

memorandum are anticipated to require less than 12 months for completion.

CONTRIBUTION TO REMEDIAL PERFORMANCE

This Removal Action is consistent with the long-term remedial action anticipated to be taken at

the IS&R Site.

Description of Alternate Technologies

Alternative technologies were developed based on the intended and actual land use

designation at the Removal Site. Two options were considered and evaluated based on
overall protection to human health and the environment, short and long term

effectiveness, implementability and cost.

(1) Excavate all soils (0-12 inches below ground surface (bgs)) above remediation

("action") levels and backfill with clean topsoil.

(2) Cover all soils (0-12 inches bgs) above remediation levels with clean topsoil.

Engineering Evaluation/Cost Analysis (EE/CA)

An EE/CA is not required for this action as a Remedial Investigation (RI) was prepared

for this Site. The chosen remedial option is based on its superior protection of human

health and the environment consistent with the cleanups that have been performed at

other portions of the NPL Site.

Applicable or Relevant and Appropriate Requirements (ARARs)

This Removal Action will attain, to the extent practicable, considering the exigencies of

the situation, all applicable or relevant and appropriate Federal, State or local standards,

criteria or regulations (ARARs), whichever are more stringent, for this Removal Action.

See Attachment 3 for ARAR list

Project Schedule

•s

The cleanup will be conducted in the July and December, 2006.

Estimated Cost

The estimated cost for this work is less than two million dollars and will be preformed

and paid for by the PRP. Oversight will be conducted for the EPA by TTEMI consultants

in coordination with the Utah Department of Environmental Quality.

Expected change in the situation should action be delayed or not taken.

If no removal action is taken or if action is delayed, the wildlife habitat as well as children

visiting the conservation area would be exposed to stressed habitats and soils that have

lead and arsenic contamination.

Outstanding Policy Issues

Based on the nature of the Site conditions and response, there are no nationally significant

or precedent-setting issues associated with this Removal Action.
EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

If no removal action is taken or if action is delayed, the residents in the Site will continue

to be exposed to high levels of lead and arsenic. The contamination would continue to

present an unacceptable risk to the human and non-human populations.

ENFORCEMENT

This work is being conducted though the use of EPA CERCLA enforcement authority.

EPA anticipates that the PRP for this Site will be completing this work under an

amendment to the Unilateral Administrative Order issued for previous removal

work performed at the IS&R NPL Site. A copy of the Enforcement Memorandum

(Confidential) can be found as Attachment 4.

ADMINISTRATIVE RECORD

The administrative record for this action is included in the Administrative Record

maintained for the IS&R NPL Site. The Administrative Record for the IS&R Site is

hereby incorporated into this document as if fully set forth herein.

RECOMMENDATIONS

This document represents the selected Removal Action for the IS&R Site in Tooele

County, Utah. The selected Removal Action was developed in accordance with

CERCLA, as amended, and is consistent with the NCP. This decision was based on the

administrative record for the Site.

Conditions at the Site met the NCP criteria for removal set forth in 40 C.F.R. Section

300.415 (b) (2) and I recommend your approval of the proposed PRP lead Removal

Action.

Approve^X-—p- ^ J^Jr^^MV Date: \c• 2~x> -

Max H. Dodson

Assistant Regional Administrator

Office of Ecosystems Protection and Remediation

Disapprove: Date:

Max H. Dodson

Assistant Regional Administrator

Office of Ecosystem Protection and Remediation
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TOOELE, UTAH

THESE PMNS AND SPECIFICATIONS ARE THE PROPERTY OF ANDERSON ENGINEERING COMPANY. INC., 977 WEST 2100 SOUTH,

SALT LAKE CITY. UTAH, 84119 AND SHALL NOT BE COPIED, REDUCED, OR REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.

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THESE PLANS AND SPECIFICA TIONS ARE THE PROPERTY OF ANDERSON ENGINEERING COMPANY. INC., 977 WEST 2100 SOUTH.

SALT LAKE CITY. UTAH. 84119 AND SHALL NOT BE COPIED. REDUCED, OR REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.

General Notes

STATE OF UTAH

No. Revision/ issue Dote

ATLANTIC RICHFIELD

COMPANY

IS&R/CARR FORK

ANDERSON ENGINEERING COMPANY. INC.

DRAWN fff: CKL

ENGINEER:

APPROVEDLOCATION MAP

REMEDIAL INVESTIGATION

TOOELE, UTAH

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MAR-03

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

9

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 1 8TM STREET- SUITE 300

DENVER, CO 80202-2466

Ref: 8EPR-SR 3/23/06

Ms. Pam Kaye

ARCO Environmental Remediation, LLC

317 Anaconda Rd.

Butte,MT 59701

SUBJECT: Cleanup Levels at International Smelter arid Refinery Site

Dear Pam:

The Environmental Protection Agency (EPA) and Utah Department of Environmental Quality

(UDEQ) have determined that the cleanup level of 900 ppm for Arsenic and 8000 ppm for Lead

be met for the conservation area. These levels were derived form both human health risk studies

completed on this area and site specific concerns regarding potential of exposure to parts of the

conservation area by children. The following is a discussion of the steps-taken to establish these

remedial action cleanup levels:

The Baseline Human Health Risk Assessment (6/2003) was prepared for EPA by Syracuse

Research Coiporation (SRC). Subsequently, SRC prepared two additional memos, one titled

"Human Health Risk-Based Concentrations for Arsenic and Lead in Soil at the IS&R Site" dated

6/23/2003, the second titled "Human Health Cleanup Levels for Arsenic and Lead in Soil at the

IS&R Site" (RAL Memo) dated July 22, 2003. UDEQ provided comments to the documents on

9/25/03. ARCO provided comments to the RAL Memo on 10/8/03. EPA responded to UDEQ

and PRP comments on 10/23/03, and then issued final versions of the memos on 3/24/04.

In mid-April 2004 SRC prepared estimates of the acreage requiring cleanup over a range of

potential cleanup values for both Arsenic and Lead at the site (4/19/2004 email). The cleanup

value range for Arsenic was from 89 ppm for the Chronic RBC to 4,545 ppm for the Acute RBC

(Arsenic RBCs were based on recreational visitor exposures). The acreage for Arsenic cleanup

ranged from 1,229 acres at 89 ppm to .56 acres at 4,545 ppm. For Lead the RBC range was from

2,321 ppm for Chronic RBC to 14,850 ppm for acute exposure (Lead RBCs were based on a

child visitor to the site). The acreage requiring Lead cleanup ranged from 276 acres at 2,321 ppm

to 3.07 acres at 14,850 ppm.

Beginning in April 2004 and continuing into July 2004, EPA and UDEQ had several discussions

regarding selection of the final cleanup levels for the on-site soils at IS&R. EPA and UDEQ risk

managers used the information provided by the risk assessors, and identified the following

concerns:
• Cleanup levels should reflect a more conservative value than the acute level RBCs

indicated for Lead and Arsenic. This was based on the possibility that children may visit

one specific area more frequently, hence increasing their exposure potential.

• Lower Arsenic cleanup levels are more appropriate due to uncertainty for Arsenic

bioavailability factors.

• Generally the areas of high concentrations have less vegetation which could lead to

preferential visitation to those areas.

• The entire on-site area will likely come under increased visitation as residential

development encroaches on the site.

• The need to be consistent with cleanup levels at other Superfund sites in Utah.

SRC's acreage estimates indicated that at 8000 PPM, approximately mid-range of the possible

cleanup levels for Lead, an estimated 16 acres of on-site surface area would need to be addressed.

Correspondingly, a cleanup level of 900 PPM Arsenic, with a Chronic RBC at 1E-04, would

require about 14 acres of cleanup.

Based on the risk management concerns and cleanup acreage information described above it was

determined by the agencies that cleanup levels of 8000 PPM Lead and 900 PPM Arsenic would

be protective of Human Health at the site. Subsequently, EPA formalized the cleanup levels in a

July 15, 2004 letter to the ARCO (see attached letter). Unfortunately that letter was never

transmitted to ARCO. This letter serves to submit this letter to ARCO and to discuss the process

the agencies went through to establish the cleanup numbers for the site.

EPA and UDEQ look forward to meeting with you at our next Community Action Meeting

(CAG) scheduled for May 9, 2006. In addition, we are open to conference calls regarding this

site when you request a time for a call. Please call me at 303-312-6762 if you have any questions

regarding this site.

Regards,

Ema Waterman, RPM

EPA Region 8

Bob O'Brien, PM

UDEQ

cc: S. Anderson, Anderson Engineering

J. Coombs, Tooele County Health
Table 4-1

Potential Chemical-Specific ARARs

Action

Protection of

Surface Water

Protection of

Surface Water

Groundwater

Protection

Site Reclamation

Citation

UAC R31 7-2-2

UACR 317-1-2

UACR317-6-1 through 6-5

UAC R3 15-8-6

UAC R307-205

Criteria

Water Quality Protection

Surface Water Discharge

Substantive Requirements

Ground Water Quality

Protection Rule

Emission Standards:

Fugitive Emissions and

Fugitive Dust

ARAR

Determination

APPLICABLE TO ALL

WATERS OF THE

STATE.

APPLICABLE IF

POINT SOURCE

DISCHARGE.

APPLICABLE

APPLICABLE

Prerequisite

Waters of the State

Point Source

Discharge

Discharge or Potential

Discharge into

Groundwater

Emissions from

disturbed surface

areas

Comments

-

-

Fugitive dust will be controlled during

construction activities. A Fugitive Dust Control

Plan will be submitted to the Division of Air

Quality prior to initiating the site reclamation

work.

FEDERAL:

STATE:

2006 Maintenance Action Work Plan 16 Atlantic Richfield Company
Table 4-2

Potential Location-Specific ARARs

Action

Site Reclamation

Site Reclamation

Protection of

Surface Water

Site Reclamation

Sire Reclamation

STATE:

Citation

36 CFR Part 800

16 USC §470-1

16USC§469a-1

40 CFR Part 230

33 CFR Part 328

Executive Order 11990

16 USC §§1532, 1533,

1538, 1539, 1541

16 USC §§ 703, 704

R315.8-2.9

Criteria

Historic project owned or

controlled by Federal

agency.

Cultural Resources

Wetlands

Protection of endangered

species and migratory birds

Location Standards for

RCRA facilities

7^ f\rv\n

Determination

APPLICABLE

APPLICABLE

APPLICABLE

APPLICABLE

APPLICABLE

Prerequisite

Presence of historically

significant structures,

features or sites

Presence of historical or

archeological sites

Presence of Wetlands

Presence of

endangered species or

habitat at the site

Location of site in

relation to standards for

RCRA. facilities

Comments

If properties eligible for listing on the National

Register of Historic Places are identified, then

measures will be taken to preserve historic

properties and minimize harm as appropriate.

If any remedial activity will cause irreparable

loss or destruction of significant cultural

resources, data recovery and preservation

activities will be conducted in accordance with

these requirements.

For all alternatives, measures would be taken to

avoid adverse effects, minimize potential harm,

and preserve and enhance wetlands, to the

extent possible. If wetland impacts do occur,

measures would be taken to restore or mitigate

wetlands.

FEDERAL:

2006 Maintenance Action Work Plan 17 Atlantic Richfield Company
Table 4-3

Potential Action-Specific ARARs

Action

Site Reclamation

Solid or Hazardous

Waste Remediation

Solid Waste

Remediation

Site Reclamation

Site Reclamation

Site Reclamation

Citation

40 CFR 264.554

40 CFR 257.3

R317-8

UACR315-101

R31 5-8-7

Criteria

Surface water control

measures required for

staging piles

Regulates classification

and disposal of solid waste.

Requirement of SWPPP in

compliance with UPDSS

Allows closure of facilities

to risk-based standards.

Requirements for closure

of Landfill

ARAR Determination

RELEVANT AND

APPROPRIATE

RELEVANT AND

APPROPRIATE

RELEVANT AND

APPROPRIATE

RELEVANT AND

APPROPRIATE

RELEVANT AND

APPROPRIATE

Prerequisite

Management of

remediation waste

Generation or

management of solid

waste

Preparation of SWPPP

Closure.

Capping portions of the

site which exhibit

elevated concentrations

of heavy medals.

Comments

Appropriate construction controls used to

protect surface water resources.

A SWPPP will be prepared as part of the

UPDES permit process.

Appropriate site management, such as

corrective action, post closure care, and

institutional controls is required based on

identified level of rsk. Risk levels identified in

EPA's Human Health Risk Assessment meet

the substantive requirements of R315-101.

The permeable soil cover to be placed over

contaminated areas constitutes a hybrid landfill

closure.

FEDERAL:

STATE:

2006 Maintenance Action Work Plan 18 Atlantic Richfield Company
INTERNATIONAL SMELTING & REFINING

NPL SITE

Tooele, Utah

2006 CONSERVATION AREA REMOVAL ACTION WORK PLAN

Prepared for

Atlantic Richfield Company, Inc.

317 Anaconda Rd.

Butte, MT 59701

Prepared by:

ANDERSON Engineering Company, Inc.

977 West 2100 South

Salt Lake City, UT 84119

August 14, 2006
Brandon Anderson -|-0 sanderson@andersoneng.com, kcosper@andersoneng.com

<banderson@andersoneng.c ...., _ , „„, _ . .. ^nr. ,n. . .

om> ^ " '"Kaye, Pamela R1

" <Pamela.Kaye@BP.com>, 'Richard

cc Curley1 <RCurley@hollandhart.com>, Erna

08/18/2006 04:30 PM Waterman/P2/R8/USEPA/US@EPA. thowes@utah.gov

bcc

Subject FS Study Now Online

FS Study is now online for download from the Anderson website.

You may access it by going to www.andersonenq.com. please refresh your browser, and then click on the

"client login" bottom in the upper right hand corner.

This will take you to the new download server which should be easier to use.

The login is: isrepa

Password: aeci

You will see a folder called ISR, (if this folder is not already open, double click on it), the folder will display

both the .pdfs and the editable versions available for download.

To download simply double click on the file and a download screen will appear.

There is also an option for a "download cart" - this is not supported in Internet Explorer.

If you have any problems, with the download, please call me 801-972-6222 or email me at

banderson@andersonenq.com

Thanks

Brandon

ANDERSO N

Engineering Company , Inc.

977 West 2100 South

Salt Lake City, UT 84119

(801)972-6222 * fax (801)972-6235

From: Steve Anderson [mailto:sanderson@andersoneng.com]

Sent: Friday, August 18, 2006 9:30 AM

To: kcosper@andersoneng.com; banderson@andersoneng.com

Cc: 'Kaye, F'amela R1; 'Richard Curley'

Subject: FS

Kevin/Brandon:

These are ready to go pending final NPV numbers for Alter #1 from Pam and any last look changes from

Rich Curley. When final check format, T of C C etc one last time and overnight to:

Erna (2)

PK(1)

Tony(1)
AECI(1)

Brandon: When complete prepare PDF and post to EPA accessible site on web page. Create 8-18-06

folder in deliverable folder with everything in it, both editable and PDF files.

Call with questions.

Thanks,

Steven D. Anderson, P.E.

President/Project Manager

ANDERSO N

Engineerin g Company , Inc.

977 West 2100 South

Salt Lake City, UT 84119

(801)972-6222 * fax (801)972-6235

This message may contain confidential information and is intended only for the use of the individual(s) to whom it is addressed. If

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