UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129

Phone 800-227-8917 www. epa . gov/region08



## - NOV 

## l B 

## 2014 Ref: 8EPR-AR MEMORANDUM SUBJECT: Withdrawal of the Proposed Listing of the ASARCO, Inc. (Globe Plant) to the National Prioritie s List FROM : Martin Hestmark, Assistant Regional Administrator 

# MIM..J:_ Office of Ecosystem Protection and R emediation 

# N..**~** TO: Dana Stal cup , Acting Dir ector Assessment and Remediation Division , Office ofSuperfund Remediation and Techno logy Innovation The purpose of this memorandum is to request that the ASARCO, Inc. (Globe Plant) or the "Site" be withdrawn from proposed li s ting on the National Priorities List (NPL). T he State ofColorado, through the Colorado Department ofPublic Health and Environment, concurs with this request as documented in their August 27, 2014, letter to the U.S. Environmental Protection Agency. The Site was proposed for the NPL on May 10, 1993 (F R Citation). However, the Site was never finalized on the NPL due to efforts by the State ofColorado to remediate the Site under a Consent Decree with ASARCO, Inc. The remedy is nearing completion. The withdrawal from the NPL is being requested at this time to support the completion ofthe remedy and to facilitate redevelopment, which in 

### turn will support long-term maintenance of the remedy. Under the 1993 Consent Decree between the State ofColorado and ASARCO, Inc., the Site was divided into five Operable Units identified as: OUI

- Former Neutralization Pond (FNP); OU2

- Groundwater and Surface Water; OU3

- Community Soils; OU4

- ASARCO Globe Plant Site and; OU5

- Offsit e Groundwater. Site investigation and remediation proceeded under the Consent Decree until ASARCO, Inc. fi led for bankruptcy . On December 9 , 2009 , the Site was transferred to the ASARCO Multi-State Custodial Trust (Trust) as part ofthe resolution of ASARCO's bankruptcy proceedings. Funds were dedicated for continuing the remediation at the Site. In 2011, the Trust signed a consent Decree with the State ofColorado to complete the remedy. While the remedy is near complete, the funds dedicated to the Site have been depleted. Globeville 1, a developer specializing in contaminated property redevelopment, has taken possession of the property with the intent ofcompleting the remedy and redeveloping the property as an industrial business park. A new consent decree to complete the remedy between the State ofColorado and Globeville I became effecti ve on October 27, 2014, when Globeville 1 acquired the property. The remedy is expected to be completed by spring, 2015. The status ofeach ofthe operable units as of November 2014 is summarized in the following table:Operable- Unit# Final Remedy Current Status
OUl Fonner Neutralization Pond (FNP) OU2 Onsite Ground\vater & Surface Water OU3 Residential Soils
OU4 Globe Plant Site

OU 5 Offsite Groundwater l'rea1i11g. grading and containing the FNP materials; n1oving to Neutrali1.ed Soil Area (NSt\).**111-~itu** ground\VOter tn.:atinent; install te11ace drain, interiin trearn1ent for conta1ninated v•ate1· fi·on1 te11ace drain: excavation and disDosal ofsedi1nents. Capping, excavation, deep tilling, and exposure controls for soils exceeding action levels. All properties returned to orie:inal condition Abate1nent and demolition ofbuildings, treat and contain site soils, control dusts, and establish environ1nental covenant.

Monitored natural attenuation. Completing the treatinent and placen1ent of the FNP materials into the NSA. Con1plete

- Excavation of sediments; In situ ground water treat1nent. Oncroine.

- Monitorine:. Co1npleted in Septen1bcr 20 l 1
Coinplete

- Buildings deinolished, Environ1ncntal covenant recorded in 2014. Ongoing

- Re1naining soils are being treated and placed in the Neutralized Soil Arca as the site oradin<> is bein£r con1o!eted Ongoing

- Co11ta1ninants in the floodplain pluine continue to drop as the onsite ground water ren1edy and source control 1neasures are nearing comnletion.
Witl1drawal of the proposal to place tl1e Site on the NPL is co11sistent with the Noven1ber 12, 2002 EPA Office of Solid Waste and Einergency Response policy rnernora11d1un "Guidelines for Withdrawing a Proposal to List a Site on the NPL." The analysis tl1at provides tl1e basis for the witl1dra\val oftl1e proposal for this site to the NPL is as follows: 1. "fhe responsible party for this Site 11as resolved their liability througl1 bankruptcy. The majority of the response actions have been co1npleted. Tl1e remaining work is being conducted by a new owner of the Site under a legally enforceable agreement witl1 the State of Colorado. The new owner is planning to redevelop the site into an industtial park and will provide for long-tenn n1aintenru1ce ofthe remedy. 2. There are no further fund finm1ced response actions necessary at this Site. 1'his site was deferred to the State ofColorado. Con1pletion ofthe remedy and long-term maintenance is being conducted under a State of Colorado Consent Decree. 3. The EPA Region 8 cond1icted a reassessment oftl1e Site to evaluate current conditions. The site reassess1nent report, approved on July 2, 2014, found tl1at the Site no 1011ger poses a significant tltreat to public health or the environment. 4. Future land use has bee11 restricted through an environn1e11tal covenant so that no residential developn1ent can occur at the Site. 5. Redevelopment oftl1e Site will provide additional protections to public healtl1 and the environment by ensuring the long-tern1 n1ainte11ance ofthe re1nedy.