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 

Priorities List 

FROM: Martin Hestmark, Assistant Regional Administrator MIM..J:_ 

Office of Ecosystem Protection and Remediation 

N.. ~ 

TO: 	 Dana Stalcup, Acting Director 

Assessment and Remediation Division, Office ofSuperfund Remediation and 

Technology Innovation 

The purpose of this memorandum is to request that the ASARCO, Inc. (Globe Plant) or the "Site" be 

withdrawn from proposed listing on the National Priorities List (NPL). The State ofColorado, through 

the Colorado Department of Public 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 (FR 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 - Offsite 

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. 

G lobeville 1, a developer specializing in contaminated property redevelopment, has taken possession of 

the property with the intent of completing 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 effective on October 27, 2014, when Globeville 1 acquired the property. The 

remedy is expected to be completed by spring, 2015. The status of each 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 

of the remedy. 

2. 	 There are no further fund finm1ced response actions necessary at this Site. 1'his site was deferred 

to the State of Colorado. 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 of tl1e Site will provide additional protections to public healtl1 and the environment 

by ensuring the long-tern1 n1ainte11ance of the re1nedy.