49324 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

8. Office of Prevention, Pesticides, and Toxic 

Substances, U.S. EPA, Interim 

Reregistration Eligibility Decision: 

Diazinon (May 2004). 

9. Office of Prevention, Pesticides, and Toxic 

Substances, U.S. EPA, Interim 

Reregistration Eligibility Decision for 

Dichlorvos (DDVP) (June 2006). 

10. Office of Prevention, Pesticides, and 

Toxic Substances, U.S. EPA, Interim 

Reregistration Eligibility Decision for 

Dimethoate (June 12, 2006). 

11. Office of Prevention, Pesticides, and 

Toxic Substances, U.S. EPA, Interim 

Reregistration Eligibility Decision: 

Fenamiphos (May 2002). 

12. Office of Prevention, Pesticides, and 

Toxic Substances, U.S. EPA, Interim 

Reregistration Eligibility Decision for 

Phorate (March 2001). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Endangered species, Pesticides and pest. 

Dated: July 29, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

[FR Doc. 2011–20200 Filed 8–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2000–0003; FRL–9450–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of International Smelting and Refining 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final Notice of Deletion of the 

International Smelting and Refining 

Superfund Site (Site), located in Tooele, 

Utah, from the National Priorities List 

(NPL). The NPL, promulgated pursuant 

to section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the state of 

Utah, through the Utah Department of 

Environmental Quality (UDEQ) because 

EPA has determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective October 11, 2011 unless EPA 

receives adverse comments by 

September 9, 2011. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2000–0003, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

online instructions for submitting 

comments. 

• E-mail: Erna Waterman, Remedial 

Project Manager, 

waterman.erna@epa.gov. 

• Fax: 303–312–7151. 

• Mail: Erna Waterman, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 8, EPR–SR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 8, EPR–SR, 

1595 Wynkoop Street, Denver, 

Colorado. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2000– 

0003. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA, Region 8, Records Center, 

1595 Wynkoop Street, Denver, 

Colorado 80202–1129 (303) 312–6473, 

Hours: M–F 8 a.m. to 4 p.m. 

Tooele City Library, 128 West Vine 

Street, Tooele, Utah 84074, (435) 882– 

2182, Hours: T–F 10 a.m. to 8 p.m. 

and Saturdays 10:30 a.m. to 6 p.m. 

FOR FURTHER INFORMATION CONTACT: Erna 

Waterman, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 8, EPR–SR, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6762, e-mail: 

waterman.erna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 8 is publishing this direct 

final Notice of Deletion of the 

International Smelting and Refining 

Superfund Site, (Site), from the National 

Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 300.425(e) (3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49325 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective October 11, 2011 

unless EPA receives adverse comments 

by September 9, 2011. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 

Delete in the ‘‘Proposed Rules’’ section 

of the Federal Register. If adverse 

comments are received within the 30- 

day public comment period on this 

deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the International Smelting 

and Refining (IS&R) Superfund Site and 

demonstrates how it meets the deletion 

criteria. Section V discusses EPA’s 

action to delete the Site from the NPL 

unless adverse comments are received 

during the public comment period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the state of 

Utah prior to developing this direct final 

Notice of Deletion and the Notice of 

Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the State 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the State, through the Utah 

Department of Environmental Quality, 

has concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

Tooele Transcript Bulletin. The 

newspaper notice announces the 30-day 

public comment period concerning the 

Notice of Intent to Delete the IS&R Site 

from the NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL: 

Site Background and History 

The International Smelting & Refining 

(IS&R) Superfund Site (Site ID 

UTD093120921) is located 

approximately two miles northeast of 

Tooele, in Tooele County, Utah. The 

Site occupies the lower portion of Pine 

Canyon on the west flank of the Oquirrh 

Mountains. The IS&R Site is comprised 

of three areas: 

1. The former smelter property and 

surrounding land known as the Pine 

Canyon Conservation Area, which is 

owned by Atlantic Richfield Company, 

Inc. (ARCO), and comprises the majority 

of the Site; 

2. Portions of the former Tooele 

Valley Railroad (TVRR) grade that 

extend from the Conservation Area to 

the city of Tooele, Utah; and 

3. Pine Canyon, a residential area 

adjacent to the Conservation Area which 

is locally referred to as Lincoln 

Township. 

The 3,000 acre Conservation Area 

includes the 1,200 acre area once 

occupied by the smelter and tailing 

impoundments and all the adjacent 

property owned by ARCO. ARCO, in 

conjunction with the Utah Division of 

Wildlife Resources (UDWR), created a 

conservation easement in 1994 to 

protect the reclaimed features. The 

Conservation Area and the area 

included within the conservation 

easement are one and the same. The 

current boundary for this Conservation 

Area coincides with the ARCO property 

boundary. 

The TVRR grade portion of the Site is 

the former railroad right-of-way running 

from Vine Street in the City of Tooele 

east to where the right-of-way intersects 

the Conservation Area boundary. The 

length of the former rail line is 

approximately 10,000 feet, and because 

the land use changes along the former 

rail line from Tooele to the Conservation 

Area, the TVRR grade was sectioned 

into three study areas termed the 

‘‘town,’’ ‘‘school’’’ and ‘‘extension’’ 

sections to reflect different land uses. 

Pine Canyon occupies two square 

miles and is located on the western edge 

of the former IS&R smelter property. 

There are approximately 135 properties 

within the township with a population 

of about 470 people. The Pine Canyon 

community includes the properties that 

were impacted by smelter operations. 

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49326 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

The IS&R Site was proposed for 

addition to the NPL in the Federal 

Register dated April 23, 1999 (FR 

Volume 64, No. 78, pages 19968–19974). 

The Site was made final on the NPL in 

the Federal Register dated July 27, 2000 

(FR Volume 65, No. 145, pages 46096– 

46104). The existence of tailing 

impoundments, smelter wastes and 

contaminated surface soils and 

groundwater were the principal reasons 

for listing the IS&R Site. The 

contaminants of concern are lead and 

arsenic. 

Conservation Area 

IS&R began operations in Tooele in 

1910 on approximately 1,200 acres. At 

various times, from 1910 through 1972, 

IS&R operated copper and lead smelters 

and a lead-zinc flotation mill. In the 

early years of IS&R operation, tailings 

and slag were produced at an estimated 

annual rate of 650,000 tons per year 

with declining output in later years. 

Approximately 326 acres of tailing of an 

unknown volume are located within the 

tailing impoundment. The copper 

smelter was closed in 1946, followed by 

the closure of the lead-zinc flotation 

mill in 1968 and the lead smelter in 

1972. With the exception of a few 

incidental buildings, the smelter facility 

was demolished or scrapped in the mid1970s. 

From 1974 through 1981, the 

Anaconda Company constructed and 

operated a mine and mill known as the 

Carr Fork Operation. The main mill of 

the operation was one mile east of the 

IS&R smelter property in Pine Canyon 

on approximately 12.5 acres. The 

operation began processing ore in 1979 

and ran for less than two years. Tailings 

from the operation were transported 

down Pine Canyon to the original IS&R 

tailing impoundment where a new 100- 

foot high tailing dam was constructed. 

Because of the short duration of 

operations of the Carr Fork Mill, the 

tailings encompass only about 64 acres 

behind the constructed dam. 

Pine Canyon/Lincoln Township 

Lincoln was settled in the late 1800s 

as a farming and ranching area. When 

the smelter was constructed in 1908, 

much of the original farm land was 

purchased by the International Smelting 

and Refining Company for operation of 

the smelter. During the operational 

period of the smelter, Lincoln continued 

to be used for farming and also became 

the residence for some smelter 

employees. Since the smelter 

discontinued operations in 1972, the 

area has experienced a slow, steady 

growth to its current population of 

about 470 people. 

Lincoln Township was established in 

1996 and operates as a separate 

planning district within Tooele County. 

Current land uses include residential, 

recreational visitor and open 

agricultural. 

Tooele Valley Railroad (TVRR) Grade 

The TVRR was constructed in 1909 to 

connect the Union Pacific and Western 

Pacific lines at Warner, Utah, (west of 

Tooele) to the IS&R smelter—a distance 

of approximately seven miles. The 

primary reason for TVRR’s existence 

was for the support of the IS&R smelter. 

The railroad was used for transporting 

smelter ores, concentrates, equipment, 

and personnel to and from the Site. 

Removal Actions 

In 2003, maintenance activities were 

performed by ARCO at the Carr Fork 

Landfill Area which is near the east side 

of the Site and is approximately six 

acres in size. The landfill contains 

mostly debris from the demolition phase 

of the reclamation project which 

occurred in 1986. Also, the Site 

Entrance Stained Soils Area is near the 

west side of the Site, near the point of 

entry for Site visitors. The soils were of 

a dark brownish tint, and the area was 

approximately four acres in size. 

Diversion berms were installed to 

divert water flow away from the landfill 

and steep canyon slopes. The landfill 

area was grubbed and scarified in the 

area where the diversion berms were to 

be placed. Riprap was installed in areas 

of high erosion potential. The Site 

Entrance Area was grubbed and 

scarified. The area was then covered 

with 12 to 15 inches of compacted fill 

material and revegetated. The project 

was completed on June 20, 2003. 

Additional detail can be found in the 

Initial and Final Pollution Report dated 

September 10, 2003. 

In 2004 & 2005 a residential soil 

Removal Action was conducted in 

Lincoln Township/Pine Canyon. 

Studies conducted as part of the 

Remedial Investigation found that some 

of the properties located in the Pine 

Canyon community, west of the 

Conservation Area, had been impacted 

by smelter-related contaminants. Due to 

high lead levels in a blood test taken by 

the Tooele County Health Department 

(TCHD) on a child in Pine Canyon and 

the risks identified by the Baseline 

Human Health Risk Assessment, EPA 

and the UDEQ determined that 

immediate implementation of a removal 

action was necessary to reduce local 

residents’ exposure to lead and arsenic 

in the environment. In July 2004, EPA 

issued a Unilateral Administrative 

Order for a Time-Critical Removal 

Action, to address all remaining 

potential risks in the residential area. 

The cleanup levels used were 580 mg/ 

kg lead and 100 mg/kg arsenic. 

Excavation was completed on 19 

residential properties and included 

9,100 cubic yards of material removed 

and transported to the tailing repository 

on the smelter property. After 

excavation, each property was 

backfilled and landscaped or restored 

similar to the pre-construction 

condition. A Removal Action at the 

railroad grade of the TVRR was 

completed in the summer of 2005. The 

railroad grade extends from Vine Street 

in Tooele, east to where it divides into 

two tracks and then intersects the 

Conservation Area. For Removal Action 

planning and remedial action, the 

former grade was divided into three 

corresponding sections that include the 

town, school and extension sections. 

A Unilateral Administrative Order 

was issued by EPA to Atlantic Richfield 

Company, Inc. (ARCO) on November 21, 

2003. Under this order, ARCO 

conducted field sampling to investigate 

the degree and extent of the metals 

impact on the grade. The sampling 

results of relevant zones and areas that 

exceeded cleanup levels were included 

in the TVRR grade Removal Action. The 

administrative order required removal 

of up to 18 inches of soil in the town 

and school sections where lead and 

arsenic concentrations exceeded the 

cleanup levels and removal or capping 

of up to 18 inches of soil in the 

extension sections. The human health 

cleanup levels for these areas are 580 

mg/kg lead and 100 mg/kg arsenic for 

the town and school section soils and 

2,231 mg/kg lead and 900 mg/kg arsenic 

for the extension section soils. 

In 2006, a Removal Action was 

performed in the Conservation Area. 

During the Remedial Investigation (RI) 

for the Site, 18 locations of varying sizes 

were identified in the Conservation 

Area that exceeded the cleanup levels of 

8,000 mg/kg lead and 900 mg/kg 

arsenic. 

The Conservation Area Removal 

Action began in the fall of 2006 and was 

completed during the spring of 2007. 

Locations that exceeded cleanup levels 

were addressed by placing a 12-inch 

thick cap of clean soil over the 

contaminated area and then reseeding 

the surface. Two of the 18 locations 

identified during the Remedial 

Investigation were within the tailings 

pile and could not be safely addressed 

as a result of physical hazards. 

Therefore, fencing and other physical 

barriers were constructed to limit access 

to these two locations. The Removal 

Action also addressed areas where 

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vegetation was limited or absent and 

contaminant concentrations were below 

cleanup levels. These areas were 

addressed by removing 24 inches of soil, 

back-filling the excavation with clean 

soil and reseeding. A thorough 

discussion of the 2006 Conservation 

Area Removal Action is included in the 

2006 Conservation Area Removal Action 

Final Construction Report dated June 1, 

2007. Figure 2–4 of that report shows 

the areas addressed by the 2006 

Removal Actions. 

Ongoing or Potential Development 

The Conservation Area (ARCO 

property) is designated as a wildlife 

conservation area in accordance with an 

easement agreement between ARCO and 

the Utah Division of Wildlife Resources 

(UDWR). The agreement precludes the 

property from being used for purposes 

other than the maintenance and 

enhancement of wildlife indigenous to 

the Oquirrh Range foothills. Activities 

that would impact remedial features are 

prohibited, such as drilling and 

exploration, filling, excavating, mining, 

dredging, and removal of top soil and 

other materials, and commercial, 

industrial, and agricultural use as set 

forth in the conservation easement. 

Before and since the easement was 

originally issued in 1994, efforts have 

been made to develop and protect this 

area for wildlife purposes. The 

management plan prepared by UDWR 

and endorsed by ARCO defines uses and 

periods of use allowable on the 

property. In general, current use of the 

area includes light recreational uses 

such as walking, wildlife observation 

and hunting. Motorized vehicles are not 

permitted on Site except for 

maintenance purposes, which is 

enforced by the UDWR. The property is 

fenced to prevent unauthorized use of 

the area. Use of the area is not expected 

to change in the future. 

Current land uses within Pine Canyon 

include residential, agricultural and 

recreational designations. Though the 

actual township boundaries are large in 

area, the bulk of the population is 

located along Ericson Road and near the 

intersection of Blue Peak Drive and Pine 

Canyon Road. Behind the houses are 

large open fields used for farming and 

pasture. The Boys Ranch parcel, a large 

tract of open land to the northwest of 

the Pine Canyon/Blue Peak Road 

intersection, is planned for 

development. Institutional controls have 

been established to ensure that the 

completed remedy and future 

development of open land remains 

protected. 

Remedial Investigation (RI) 

ARCO conducted the Remedial 

Investigation (RI) between 2001 and 

2006 with EPA oversight. The chief 

objective of the RI was to determine the 

potential risk to human health and the 

environment of the IS&R Site and 

adjacent land by evaluating the Site in 

its current condition, taking into 

account reclamation actions completed 

in 1986, verifying previous investigation 

sample results of the Site prior to 

reclamation, and assessing conditions in 

areas not previously addressed by 

reclamation efforts including near-by 

residential areas. 

The Conservation Area was divided 

into work areas during the RI to 

facilitate the inspection. During the RI, 

soils, slag, sediment, surface water and 

groundwater were sampled, and Site 

inspections were conducted to identify 

areas where future remedial action may 

be required. In addition to samples 

collected on the former smelter site and 

surrounding fields, residential yard 

samples and household dust samples 

were collected from selected residential 

dwellings in the community of Pine 

Canyon, located west of the smelter site. 

The investigation monitored 

groundwater wells in the area of the 

smelter, Pine Canyon and nearby areas. 

Soil and sediment samples were 

analyzed for 23 metals and pH. The 

metals included aluminum, antimony, 

arsenic, barium, beryllium, cadmium, 

calcium, chromium, cobalt, copper, 

iron, lead, magnesium, manganese, 

mercury, nickel, potassium, selenium, 

silver, sodium, thallium, vanadium and 

zinc. Water samples were analyzed for 

the same 23 metals, 4 anions and 4 

physical properties, including all 

drinking water standards. Analytical 

results of the samples collected show 

that when lead and arsenic are high, 

other metals may then be present in 

concentrations high enough to pose a 

concern. Therefore, throughout the 

investigation, lead and arsenic were 

used as indicator metals to gauge the 

impact on areas from smelter 

operations. 

Groundwater samples were collected 

on and near the Site from 2001 through 

February 2006 to determine what 

impact, if any, to area aquifers are a 

result of past operations at the IS&R 

Site, and in an attempt to locate a source 

of elevated arsenic in the groundwater. 

Findings of the Feasibility Study (FS) 

The Feasibility Study concluded that 

past Removal Actions had addressed 

areas with soil containing 

concentrations of contaminants of 

concern above cleanup levels. 

Institutional controls will be required to 

ensure that the protectiveness of the 

remedy is maintained. Monitoring of 

groundwater will be required to 

determine if arsenic concentrations 

change, over time, relative to baseline 

concentrations. 

Selected Remedy 

A Record of Decision (ROD) for the 

Site was issued by EPA on September 

27, 2007. The remedy established in the 

ROD takes into account all removal 

work and capped areas in the Carr Fork 

Landfill Area, TVRR, and the 

Conservation Area; selects the 

implementation of institutional controls 

and monitoring as needed to protect the 

integrity of the previously completed 

removal and reclamation actions; and 

concludes that no further remedial 

construction is necessary. 

Remedial Action Objectives 

Remedial Action Objectives (RAO) for 

the Conservation Area, the TVRR grade 

area, and Pine Canyon were achieved as 

a result of the 2006 Conservation Area 

Removal Action, the 2004 and 2005 

Pine Canyon/Lincoln residential 

Removal Action and the TVRR Removal 

Action completed in the summer of 

2005. 

The RAOs identified for the Site 

consisted of the following: 

1. For human and ecological 

receptors, prevent direct contact/ 

ingestion with soil having lead and/or 

arsenic concentrations in excess of 

cleanup levels identified for the Site, 

and 

2. For human and ecological 

receptors, protect water quality in 

stream by minimizing migration of soil 

with lead and/or arsenic concentrations 

above cleanup levels into streams. 

RAOs were not necessary for surface 

and ground water and sediments since 

these media did not pose a risk to 

human health and the environment. 

RAOs for groundwater were not 

necessary. 

Response Actions 

The findings of the Record of Decision 

indicate that the Removal Actions 

performed at the Site have addressed all 

contamination that exceeds clean up 

goals set for the Site. 

Cleanup Goals 

• Residential area soils do not exceed 

580 mg/kg lead and 100 mg/kg arsenic 

• Conservation area soils do not 

exceed 8,000 mg/kg lead and 900 mg/kg 

arsenic. 

• TVRR Town and School Section 

soils do not exceed 580 mg/kg lead and 

100 mg/kg arsenic. 

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49328 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

• TVRR Extension Section soils do 

not exceed 2,300 mg/kg lead and 900 

mg/kg arsenic. 

Operation and Maintenance 

Operation and maintenance of the 

Site is conducted by UDWR and ARCO 

in accordance with the Long Term 

Operation and Maintenance Plan (O&M 

Plan 2010). ARCO is responsible for 

O&M at the Site. Fence posts and wire 

will be repaired and replaced as 

necessary to maintain security of the 

Site. This is especially important to 

prevent motorized vehicles from 

accessing the Site and damaging the 

cover. 

• Adequate signage has been placed 

(and will be replaced as necessary) 

around the perimeter Site fence to 

instruct the public regarding 

prohibited Site activities. 

• An annual inspection is conducted at 

the Site in May of each year (after 

spring runoff season). The inspection 

includes a photographic record and 

looks at: 

Æ Vegetation loss or obvious stressed 

areas (seed and fertilizer is placed 

as necessary) 

Æ Vandalism of fences or signs, or 

other evidence of unauthorized 

trespassing 

Æ Condition of culverts 

Æ Erosion or other damage to the 

protective soil cover 

Æ Erosion of channels or other storm 

water drainage control structure 

• Items found deficient during the 

inspections will be corrected to 

protect the remedy at the Site as 

outlined in the O&M Plan 

Monitoring will be required for all 

three areas of the Site. Monitoring by 

ARCO will consist of inspecting the 

integrity of the caps, covers and storm 

water controls on an annual basis. The 

UDWR will conduct day to day 

surveillance as dictated in the Long 

Term Operations and Maintenance Plan 

and Conservation Easement. 

Groundwater monitoring will be 

conducted at the Conservation Area to 

ensure that the former smelter area does 

not become a source of groundwater 

contamination in the future. 

Institutional Controls 

ARCO will assist the TCHD in 

administering the institutional controls, 

which regulate the development of land 

within an overlay zone in Pine Canyon 

where soils could potentially have 

elevated concentrations of lead and/or 

arsenic. This includes providing 

information and review if necessary, of 

sampling and analysis plans prepared 

by land developers. Institutional 

controls will be monitored to ensure 

that they remain in place and serve their 

intended purposes. 

Five-Year Review 

In accordance with CERCLA § 121 (c), 

the Site is subject to statutory five-year 

reviews since hazardous substances, 

pollutants, or contaminants remain on 

Site above levels that allow for 

unlimited use and unrestricted 

exposure. The first statutory five-year 

review will be conducted in September 

2012. 

Community Involvement 

Shortly after the Site was listed on the 

NPL, an information repository 

containing the Administrative Record 

and other information about the Site 

was established in 2000 at the Tooele 

Public Library, 128 West Vine Street, 

Tooele, Utah, and at the Superfund 

Records Center at EPA Region 8 in 

Denver. The UDEQ has numerous files 

and information related to this Site, 

which are available to the public upon 

request; however, the UDEQ is not 

considered an information repository for 

the Site. 

EPA and UDEQ completed a 

community involvement plan for the 

Site in November 2001. This plan 

outlined methods to enhance 

understanding and communication so 

that those impacted can become more 

informed about the Site activities and be 

part of the decision making process. The 

plan was based primarily on discussions 

with residents, local officials and 

business leaders, and it enlisted the 

support of local groups, individuals and 

elected officials to collect and distribute 

information. 

An informal community advisory 

group was formed shortly after the Site 

was placed on the NPL. Meetings have 

been a joint effort between the EPA, 

UDEQ, TCHD and citizens, and include 

a citizen co-chair. Notices about the 

meetings and the proposed agenda are 

mailed and e-mailed to citizens in 

advance of all meetings. Information is 

also placed in the Tooele Transcript’s 

event section known as the Bulletin 

Board. 

EPA and UDEQ have maintained 

regular contact with members of the 

community and implemented a variety 

of community relations activities as new 

information about the Site has become 

available. This has included holding 

public meetings; distributing fact sheets, 

brochures and flyers; meeting with 

community members and local officials; 

developing and maintaining an EPA 

Web fact sheet; and sharing information 

with the local media. The EPA and 

UDEQ supported the TCHD in 

conducting a survey with residents 

about the Site in 2001. EPA also worked 

with the County to develop a brochure 

that was distributed to residents in 

2002. 

EPA developed and distributed a fact 

sheet in June 2004 to alert residents of 

soil sampling activities. The fact sheet 

included questions about health effects 

of lead and arsenic in soil and included 

tips to reduce exposure. It also informed 

the community of the County’s services 

for free blood testing. 

The remedial investigation, feasibility 

study reports and the proposed plan, 

were released to the public for comment 

on June 16, 2007. These documents 

were made available to the public in 

both the Administrative Record and the 

informational repository described 

above. In addition, approximately 100 

copies of the proposed plan were mailed 

to citizens in the neighborhoods 

adjacent to the Site. The notice of 

availability for the proposed plan was 

published in the Tooele Transcript on 

June 14, 2007. A public comment period 

on the proposed plan was held from 

June 16, 2007 to July 16, 2007. 

A public meeting was held on June 

26, 2007, at the TCHD regarding the 

proposed plan for the Site. At this 

meeting, representatives from EPA and 

UDEQ answered questions about the 

current condition of the Site, the 

remedial alternatives under 

consideration and the preferred 

alternative. Several community 

members, including the co-chair of the 

community advisory group, expressed 

support for the preferred alternative and 

there were no objections to the preferred 

alternative. EPA did not receive any 

written comments during the comment 

period. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

Four Removal Actions have been 

completed at the Site. The Record of 

Decision concluded that the removals 

satisfied all remedial requirements at 

the Site. 

The Region has followed the 

procedures required by 40 CFR 

300.425(e) as follows: 

1. Responsible parties or other 

persons have implemented all 

appropriate response actions required. 

2. The state of Utah, through the Utah 

Department of Environmental Quality 

has concurred in the deletion of the Site 

on August 25, 2010. 

3. A Notice of Intent to Delete has 

been published in the local newspaper. 

4. Information supporting the 

proposed deletion has been made 

available in the information repository 

for the Site. 

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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49329 

V. Deletion Action 

The EPA, with concurrence of the 

state of Utah through the Utah 

Department of Environmental Quality 

(UDEQ), has determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, monitoring and five-year 

reviews have been completed. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective 45 days from the 

date of this publication in the Federal 

Register unless EPA receives adverse 

comments within 30 days from this 

publication in the Federal Register. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final Notice of Deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 3, 2011. 

James B. Martin, 

Regional Administrator, Region 8. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry for 

‘‘International Smelting and Refining’’, 

‘‘Tooele’’, ‘‘UT’’. 

[FR Doc. 2011–20291 Filed 8–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8191] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

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