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[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Proposed Rules]
[Pages 33276-33282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12969]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9818-6]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Omaha Lead Superfund 
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 7 is issuing 
a Notice of Intent to Delete the 1,154 parcels (of the Omaha Lead 
Superfund Site (Site) located in the eastern part of the city of Omaha, 
Nebraska, from the National Priorities List (NPL) and requests public 
comments on this proposed action. 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). 
The EPA and the State of Nebraska, through the

[[Page 33277]]

Nebraska Department of Environmental Quality (NDEQ), have determined 
that all appropriate response actions under CERCLA and other lead 
abatement activities at these identified parcels have been completed. 
However, this deletion does not preclude future actions under 
Superfund.
    This partial deletion pertains to soils, dust and deteriorating 
lead-based paint, where applicable, of the 1,154 residential parcels. 
These types of properties include single and multi-family dwellings, 
apartment complexes, child-care facilities, vacant lots in residential 
areas, schools, churches, community centers, parks, greenways, and any 
other areas where children may be exposed to site-related contaminated 
media. A listing of the parcels by address can be found in Table 1 in 
the deletion docket. Figure 1 also shows a map of the Omaha Lead site 
and identifies the parcels proposed for deletion. Approximately 12,800 
residential parcels and associated soil, dust and deteriorating lead-
based paint will remain on the NPL and is/are not being considered for 
deletion as part of this action.

DATES: Comments must be received by July 5, 2013.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by one of the following methods:
    http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: france-isetts.pauletta@epa.gov Fax: 913-551-7066
     Mail: Environmental Protection Agency, 8600 NE Underground 
Dr., Pillar 253,, Kansas City, Missouri 64161 Attention: Pauletta 
France-Isetts, Superfund Division Hand delivery: 11201 Renner 
Boulevard, Lenexa, Kansas 66219. 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-
2003-0010. 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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 statute. 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:
    EPA Region 7, 11201 Renner Boulevard., Lenexa, Kansas 66219 open 
from 8 a.m. to 4 p.m.
    EPA Public Information Center (north), 3040 Lake Street, Omaha, NE 
68111 open from 8 a.m. to 4 p.m. call (402) 991-9583 to ensure staff 
are available; EPA Public Information Center (south) 4909 S. 25th 
Street, Omaha, NE 68107, open from 8 a.m. to 4 p.m. call (402) 731-3045 
to ensure staff are available; W. Dale Clark Library, 215 S. 15th 
Street; Omaha, NE 68102

FOR FURTHER INFORMATION CONTACT: Pauletta France-Isetts, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region 7, 
Superfund Division, 8600 NE Underground Drive, Pillar 253, Kansas City, 
Missouri 64161, (913)-339-8105, email: france-isetts.pauletta@epa.gov

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA Region 7 announces its intent to delete the 1,154 residential 
parcel(s) (identified in Table 1 and Figure 1 of the deletion docket) 
of the Omaha Lead Superfund Site (Site), from the National Priorities 
List (NPL) and request public comment on this proposed action. The NPL 
constitutes Appendix B of 40 CFR part 300, which is the 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 those 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). This partial deletion of the 
Omaha Lead Superfund Site is proposed in accordance with 40 CFR 
300.425(e) and is consistent with the Notice of Policy Change: Partial 
Deletion of Sites Listed on the National Priorities List. 60 FR 55466 
(Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a portion of 
a site deleted from the NPL remains eligible for Fund-financed remedial 
action if future conditions warrant such actions.
    EPA will accept comments on the proposal to partially delete 
portions of this site for thirty (30) days after publication of this 
document in the Federal Register.
    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 1,154 residential parcel(s) 
of the Omaha Lead Superfund Site and demonstrates how each activity 
completed at the parcels meet the deletion criteria.

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

[[Page 33278]]

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.

III. Deletion Procedures

    The following procedures apply to deletion of [Enter description of 
parcel(s)] of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent for Partial Deletion.
    (2) EPA has provided the state 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of Nebraska, through the Nebraska Department of 
Environmental Quality, has concurred with the deletion of the 1,154 
parcel(s) identified in Table 1 and Figure 1of the Omaha Lead Superfund 
Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in a major local newspaper, Omaha World Herald and Nuestro Mundo. The 
newspapers announce the 30-day public comment period concerning the 
Notice of Intent for Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket and made these items available 
for public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the 1,154 parcel(s) 
indentified in Table 1 and Figure 1. If necessary, EPA will prepare a 
Responsiveness Summary to address any significant public comments 
received. After the public comment period, if EPA determines it is 
still appropriate to delete the 1,154 parcel(s) identified in Table 1 
and Figure 1 of the Omaha Lead Superfund Site, the Regional 
Administrator will publish a final Notice of Partial Deletion in the 
Federal Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
1,154 residential property parcel(s) identified in Table 1 and Figure 1 
of the Omaha Lead Superfund Site from the NPL:

Site Background and History

    The Omaha Lead Site (OLS or Site [CERCLIS ID 
NESFN0703481]) includes surface soils present at residential 
properties, child-care centers, and other residential-type properties 
in the city of Omaha, Douglas County, Nebraska, that have been 
contaminated as a result of air emissions deposition from historic lead 
smelting and refining operations. The OLS encompasses the eastern 
portion of the greater metropolitan area in Omaha, Nebraska. The site 
extends from the Douglas-Sarpy County line on the south, north to Read 
Street and from the Missouri River on the east to 56th Street on the 
west. The Site is centered around downtown Omaha, Nebraska, where two 
former lead-processing facilities operated. American Smelting and 
Refining Company, Inc. (ASARCO) operated a lead refinery at 500 Douglas 
Street in Omaha, Nebraska, for over 125 years. Aaron Ferer & Sons 
Company (Aaron Ferer), and later the Gould Electronics, Inc., (Gould) 
operated lead battery recycling plant were located at 555 Farnam 
Street.
    Both ASARCO and Aaron Ferer/Gould facilities released lead-
containing particulates into the atmosphere from their smokestacks 
which were deposited on surrounding residential properties. Douglas 
County Health Department (DCHD) monitored ambient air quality around 
the ASARCO facility beginning in 1984. This air monitoring routinely 
measured ambient air lead concentrations in excess of the ambient air 
standard.
    The DCHD has compiled statistics on the results of blood lead 
screening of children less than seven years of age for more than 25 
years. Blood lead screening of children living in zip codes located 
east of 45th Street have consistently exceeded the 10 microgram per 
deciliter ([mu]g/dl) health-based threshold more frequently than 
children living elsewhere in the county.
    In 1998, the Omaha City Council requested assistance from the EPA 
to address the high frequency of children found with elevated blood 
lead levels by the DCHD. At that time, the EPA began investigating the 
lead contamination in the Omaha area under the authority of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA).
    The OLS includes those residential properties where the U.S. 
Environmental Protection Agency (EPA) determines through soil sampling 
that soil lead levels represent an unacceptable risk to human health. 
Residential properties where soil sampling indicates that soil lead 
concentrations are below a level that represent an unacceptable risk, 
they are not considered part of the Site. Residential properties 
include those with high accessibility to sensitive populations 
(children seven years of age and younger [0 to 84 months] and pregnant 
or nursing women). These types of properties include single and multi-
family dwellings, apartment complexes, child-care facilities, vacant 
lots in residential areas, schools, churches, community centers, parks, 
greenways, and any other areas where children may be exposed to site-
related contaminated media. Commercial and industrial properties are 
also excluded from the defined Site. The EPA established a 27 square-
mile Final Focus Area to evaluate potentially impacted properties.
    The OLS was proposed to be included on the National Priorities List 
(NPL) on February 26, 2002 (67 FR 8836). The Site was listed on the NPL 
on April 30, 2003 (68 FR 23094).
    The residential properties proposed for partial deletion were 
addressed under both removal and remedial authority. Regardless of the 
authority used for the remediation of yards, the cleanup levels for 
soils (developed using the IEUBK model) for all the properties proposed 
for deletion are the same. The response decision documents and 
activities will be discussed in the following sections.

Removal Activities

    The EPA began sampling residential properties that were used to 
provide licensed child-care services in March 1999. Due to the high 
concentrations of lead detected in yard soils, the EPA initiated a 
removal action to address lead-contaminated soils that exceed criteria 
for a time-critical removal action in 1999. The removal response 
involves the excavation and replacement of lead-

[[Page 33279]]

contaminated soil where action levels identified in the Action 
Memorandum are exceeded. These response actions levels were:
     A child seven years of age or younger (0 to 84 months) 
residing at the property is identified with an elevated blood level 
exceeding 10 [mu]g/dl and any non-foundation sample collected from the 
property exceeds 400 ppm;
     A property is a child-care facility, and any non-
foundation sample collected from the property exceeds 400 ppm; or
     Any non-foundation sampled exceeds 1,200 ppm at any 
residential or residential-type property.
    A second removal action was initiated in August 2002 with the 
signing of a second Action Memorandum. This second removal action 
included all other residential type properties where the maximum non-
foundation soil lead concentration exceeded an action level of 2,500 
ppm. The 2002 Action Memorandum explicitly identifies the possibility 
of lead-based paint as a potential contributor to lead contamination of 
soils within 30 inches of the foundation of a painted structure. 
Because of the potential contribution of deteriorating lead-based paint 
near the foundations of structures, the soil lead level in the drip 
zone (areas near structure foundations) alone would not trigger soil 
removal. However, if any mid-yard soil sample exceeded the action 
level, soil from all areas of the property exceeding the 400 ppm 
cleanup level would be removed and replaced, including drip zone soils 
if they exceeded 400 ppm.
    Properties determined to be eligible for response under either of 
the Action Memoranda had soils with lead concentrations greater than 
the cleanup level excavated and replaced with clean soil and disturbed 
areas were revegetated. The action level, which triggered response for 
typical residential properties under the second removal action, was 
reduced to 1,200 ppm in November 2003. In 2005, the two removal actions 
were combined into a single response. Throughout the implementation of 
both removal actions, the lead cleanup level remained at 400 ppm.

Remedial Investigation/Feasibility Study

    Thoughout the implementation of the removal action, lead levels in 
residential soils were evaluated and actions were taken where action 
levels were exceeded, per the removal Action memoranda. A Human Health 
Risk Assessment was developed for the site using site-specific 
information collected during the OLS Remedial Investigation. Lead was 
identified in the risk assessment as the primary contaminant of 
concern. Arsenic was also identified as a potential contaminant of 
concern, but was eliminated after considering its relatively low 
overall risk to residents and lack of connection to the release from 
the industrial sources being addressed by this Superfund action.
    The risk assessment for lead focused on young children under the 
age of seven (0 to 84 months) who are site residents. Young children 
are most susceptible to lead exposure because they have higher contact 
rates with soil or dust, absorb lead more readily than adults, and are 
more sensitive to the adverse effects of lead than are older children 
and adults. The effect of greatest concern in children is impairment of 
the nervous system, including learning deficits, lowered intelligence, 
and adverse effects on behavior. The Integrated Exposure Uptake 
Biokinetic (IEUBK) model for lead in children was used to evaluate the 
risks posed to young children (0 to 84 months) as a result of the lead 
contamination at the site. Because lead does not have a nationally-
approved reference dose (RfD), cancer slope factor, or other accepted 
toxicological factor which can be used to assess risk, standard risk 
assessment methods cannot be used to evaluate the health risks 
associated with lead contamination. The modeling results determined 
that there was an unacceptable risk to young children from exposure to 
soils above 400 ppm.
    In October 2008, EPA released a draft Final Remedial Investigation, 
which presented results of all site investigations including soil 
sampling performed at more than 35,000 residential properties. Based on 
the 2008 data set, EPA established the Final Focus Area for the Site, 
which defined the area of residential properties that are targeted for 
sampling. This area is generally bounded by Read Street to the north, 
56th Street to the west, Harrison Street (Sarpy County line) to the 
south, and the Missouri River to the east, and encompasses 17,290 acres 
(27.0 square miles).
    Through completion of the OLS Final Remedial Investigation, soil 
sampling had been completed at 37,076 residential properties, including 
34,565 within the Final Focus Area's boundary. In total, 34.2 percent 
of properties sampled through completion of the 2008 RI had at least 
one mid-yard sample with a soil lead level exceeding 400 ppm. Based on 
the data trends, the OLS Final Feasibility Study (FS) estimates that 
soil lead levels will exceed 400 ppm at a total of 14,577 properties 
when soil sampling is completed at all properties within the Final 
Focus Area.
    In addition to soil sampling, 159 residences were sampled during 
the OLS Remedial Investigation for interior dust to support the OLS 
Human Health Risk Assessment conducted by the EPA and the Nebraska 
Health and Human Services System. The EPA recognizes that there may be 
additional sources of lead exposure to residents at the site. These 
other sources, which could include interior and exterior lead-based 
paint and drinking water, are generally outside the scope of CERCLA 
response authority. The focus of the EPA sampling efforts focused on 
lead-contaminated surface soils related to historic industrial 
emissions at the site, in accordance with procedures established in the 
EPA Residential Sites Handbook. The handbook does allow for 
characterization of potential sources of lead exposure in addition to 
soil and interior dust. In accordance with the EPA Residential Sites 
Handbook, the selected remedy in this ROD includes an expanded sampling 
program to characterize other potential lead exposure sources in 
addition to soil and interior dust.

Selected Remedy

    As the soil cleanup under CERCLA removal authority was ongoing, 
planning for continued response under CERCLA remedial authority was 
proceeding. EPA organized the work remaining following completion of 
CERCLA removal response into these two operable units:
     Operable Unit 1: Response at high child impact properties 
and the most highly contaminated OLS properties exceeding 800 ppm soil 
lead.
     Operable Unit 2: Response at remaining properties that 
exceed risk-based soil lead levels established during final remedy 
selection process.
    For OU1, EPA selected an interim remedy on December 15, 2004. The 
Remedial Action Objective was to reduce the risk of exposure of young 
children to lead such that an individual child, or group of similarly 
exposed children, have no greater than a 5 percent chance of having a 
blood-lead concentration exceeding 10 [mu]g/dl. The selected remedy 
included:
     Excavation and replacement of soils at properties with 
greatest human health risk
    [cir] Excavation of soils exceeding 800 ppm at any residential-type 
property
    [cir] Excavation of soils exceeding 400 ppm in high child-impact 
areas
    [cir] Excavation of soils exceeding 400 ppm at properties with a 
child exhibiting an elevated blood-lead level

[[Page 33280]]

     Final management of excavated materials
     Stabilization of loose and flaking exterior lead-based 
paint
     High efficiency interior cleaning
     Participation in comprehensive program addressing all 
potential lead sources
     Health Education
    The pre-established soil remediation level of 400 ppm was 
determined to be the cleanup level for this interim remedial action. In 
order to prevent the re-contamination of the clean soil placed in yards 
after excavation, loose and flaking exterior lead-based paint that 
threatens the continued protectiveness of the remedy at these 
properties will be stabilized on affected structures prior to soil 
excavation. Only those homes and other structures where lead-based 
paint is visibly flaking and deteriorating will be addressed. At 
residences where soil cleanup actions are conducted, sampling will be 
performed to assess lead concentrations and loadings in interior dust. 
Homes that exceed the EPA and HUD standards for lead in interior dust 
will be eligible for a thorough interior cleaning using high-efficiency 
equipment. Interior cleaning of affected residences will be provided, 
in accordance with HUD procedures, on a voluntary basis for willing 
residents, after the soil cleanup is completed in the yard.
    For OU2, EPA selected a final site remedy on May 13. 2009. The 
Remedial Action Objective is to reduce the risk of exposure of young 
children to lead such that an individual child, or group of similarly 
exposed children, have no greater than a 5 percent chance of having a 
blood-lead concentration exceeding 10 [mu]g/dl.
    The selected final remedy continues the ongoing remedial response 
being implemented under the December 15, 2004, Interim ROD for the OLS 
with the following modifications:
     The final OLS soil lead action level was lowered to 400 
ppm for all residential and residential-type properties. High child 
impact properties continue to be prioritized for response.
     Soil sampling will continue to determine eligibility for 
remedial action at properties inside the Final Focus Area where 
sampling has not been performed. Soil sampling, outside the focus area, 
will be discontinued unless requested. Requests for soil sampling 
outside the focus area will be considered by EPA and decisions made on 
a case-by-case basis.
     An institutional control involving the operation of a 
local lead hazard registry containing information about the status of 
EPA investigation and response and other lead hazards identified at 
individual Omaha properties.
     Participating residents at eligible properties will be 
offered high-efficiency household vacuum equipment, training on the 
maintenance and importance of proper usage, and education on mitigation 
of household lead hazards. In addition, samples of interior dust are 
collected and the results provided to the residents. Residents at 
properties qualifying for soil remediation will be offered interior 
dust response. The interior dust response is not mandatory and the 
resident may choose to decline. Dust and interior floor wipe sampling 
are performed when access is granted. The analytical data is provided 
to the resident/tenant and informs them if HUD criteria are exceeded. 
Follow-up efforts are conducted by the Douglas County Health Department 
at any residence that has interior dust levels exceeding HUD criteria.

Response Actions

    The initial EPA response was conducted under CERCLA removal 
authority. In 2005, following issuance of the Interim Record of 
Decision, the action level for removal response during the transitional 
period was lowered to 800 ppm for consistency with the upcoming 
remedial response.
    Beginning with the construction season of 2005, the scope of the 
EPA response was expanded under the 2004 Interim ROD to include: (1) 
Stabilization of deteriorating exterior lead-based paint at properties 
where the continued effectiveness of the soil remediation was 
threatened, (2) response to interior dust at properties where interior 
dust lead levels exceeded appropriate criteria, (3) public health 
education, and (4) participation in a comprehensive remedy with other 
agencies and organizations that addresses all identified lead hazards 
in the Omaha community.
Excavation and Replacement of Soils
    Excavation of soils was accomplished using lightweight excavation 
equipment and hand tools the portions of the yard where the surface 
soil exceeded 400 ppm lead. Excavation continued in all quadrants, play 
zones, and drip zone areas exceeding 400 ppm lead until the residual 
lead concentration measured at the exposed surface of the excavation 
was less than 400 ppm in the initial foot, or less than 1,200 ppm at 
depths greater than one foot. Typically, soil excavation depths were 
between 6 and 10 inches in depth. Soils in garden areas were excavated 
until reaching a residual concentration of less than 400 ppm in the 
initial two feet from the original surface, or less than 1,200 ppm at 
depths greater than two feet.
    After confirmation sampling verified that cleanup goals were met, 
the excavated areas were backfilled with clean soil to original grade 
and sod was placed over the remediated areas.
    EPA did not utilize soil from any protected Loess Hills area as 
backfill for the OLS.
    The contaminated soils removed from the remediated yards was 
stockpiled at staging areas, sampled and then transported to an off-
site Subtitle D solid waste landfill for use as daily cover and/or 
disposal.
Stabilization of Loose and Flaking Exterior Lead-Based Paints
    The lead-based paint assessment protocol, presented in the Final 
Lead-Based Paint Recontamination Study Report prepared for the OLS, was 
used to determine eligibility for exterior lead-based paint 
stabilization at those properties where soil lead concentrations exceed 
400 ppm. At those properties where the exterior lead-based paint 
assessment identified a threat from deteriorating paint to the 
continued protectiveness of the soil remediation, the owner of the 
property was offered stabilization of painted surfaces on structures 
located on the property. Exterior lead-based paint stabilization is not 
mandatory and was provided to those qualifying property owners who 
choose to have their exterior paint stabilized. Lead -safe practices 
identified in the EPA's Renovate, Repair and Painting Rule were 
followed. Removal of loose and flaking lead-based paint was performed 
using lead-safe practices, which includes wet scraping and collection 
of paint chips using plastic sheeting. Scraped areas were primed and 
all previously painted surfaces had two coats of paint applied.
Interior Dust Response
    As part of the final remedy, residents at eligible properties are 
given the opportunity to have interior dust sampled. Upon agreement, 
the residents are given a high-efficiency household vacuum cleaner, 
training on the maintenance and the importance of proper usage of the 
vacuum, and education on mitigation of household lead hazards. In 
addition, samples of interior dust are collected and analyzed for lead. 
The resident/tenant is provided the analytical results. The letter 
transmitting the data also indicates whether the interior dust 
collected has lead above the HUD criteria.

[[Page 33281]]

    The Douglas County Health Department provides the training and 
education regarding the need to mitigate interior dust. Interior dust 
response is offered to all residents with a qualifying property (soil 
lead concentrations greater than 400 parts per million). The resident 
does not have to agree and participation in the dust response is 
voluntary by the residents. At properties where soil remediation has 
been conducted, interior floor wipe sampling indicates that, typically, 
HUD criteria are not exceeded.
    Exterior lead-based paint stabilization and interior dust response 
were provided retroactively to properties where soil cleanups have been 
performed under CERCLA removal authority, as well as to properties 
addressed under CERCLA remedial authority.
Participation in Comprehensive Program to Address Potential Lead 
Sources
    There are a number of identified lead hazards within the OLS, not 
all of which are connected to the contaminant source of OLS. In order 
to better address all potential lead sources within the OLS, a health 
education program was developed and continues to be implemented to 
raise awareness and mitigate exposure. An active educational program 
continues in cooperation with agencies and organizations that includes 
ATSDR, NDHHS, DCHD, local non-governmental organizations, and other 
interested parties throughout the duration of the EPA remedial action.
Health Education
    The following, although not an exhaustive list, indicate the types 
of educational activities provided at the Site:
     Support for in-home assessments for children identified 
with elevated blood lead levels.
     Development and implementation of lead poisoning 
prevention curriculum in schools.
     Support for efforts to increase community-wide blood lead 
monitoring.
     Physicians' education for diagnosis, treatment, and 
surveillance of lead exposure.
     Operation of EPA Public Information Centers to distribute 
information and respond to questions about the EPA response activities 
and lead hazards in the community.
     Use of mass media (television, radio, internet, print 
media, etc.) to distribute health education messages.
    Development and distribution of informational tools such as fact 
sheets, brochures, refrigerator magnets, etc., to inform the public 
about lead hazards and measures that can be taken to avoid or eliminate 
exposure.
Institutional Controls
    The lead hazard registry, identified as the Omaha Lead Education 
and Discussion (Omaha LEAD), provides interested parties with on-line 
access to lead hazard information at individual properties, including 
the status of EPA investigations and response actions and other lead 
hazard information including HUD-funded lead hazard control and 
abatement activities. Information available through the lead hazard 
registry includes initial soil lead sampling results from individual 
quadrants and residual soil lead levels remaining at properties 
following soil remediation. EPA notifies residents and property owners 
about the information that is available through the lead hazard 
registry as part of the transmittal sent at the completion of soil 
remediation at individual properties. Residents and property owners 
will receive a second notification when the lead hazard registry is 
complete and operational at the conclusion of the OLS remedial action. 
The final notification will describe information available through the 
lead hazard registry and again advise property owners that records of 
potential lead hazards received from EPA should be retained for 
compliance with state and Federal disclosure requirements.
    After the issuance of the 2009 Final ROD, response efforts 
identified as Operable Unit 2 began. Operable Unit 2 work efforts began 
with the 2009 construction season and included all remaining remedial 
response work at the OLS. All work remaining under Operable Unit 1 not 
completed was performed under Operable Unit 2. Properties identified 
with time-critical conditions, including residences with elevated 
blood-lead levels in children and high child-impact areas, continue to 
receive prioritized response during the final remedy implemented under 
Operable Unit 2.
    The precise scope of work remaining to be completed at the OLS site 
(under OU1 and OU2) is not known with certainty since sampling has not 
been completed to determine eligibility for soil remediation, exterior 
lead-based paint stabilization, and interior dust response. However, 
those properties not addressed to date are not part of this partial 
deletion.
    Information on activities completed at each property can be found 
in the deletion docket and at the Omaha Lead Education and Discussion 
(``OmahaLEAD'') Web site. Omaha LEAD is a Geographic Information 
Systems (``GIS'')-based Web site (www.omahalead.org) that increases the 
public's awareness of lead hazards and acts of a as a virtual library 
of lead hazard mitigation activities, including activities conducted by 
private property owners, the City of Omaha, and the US EPA. The Web 
site is operational.

Cleanup Goals

    Final cleanup levels for lead in residential soil at Superfund 
sites generally are based on a consideration of the PRG derived by the 
IEUBK model results, taking the uncertainty in the value into account, 
and also considering the nine criteria in accordance with the CERCLA 
regulations contained in the National Contingency Plan (NCP). Under 
most circumstances, EPA selects a residential soil lead cleanup level 
that is within the range of 400 ppm to 1,200 ppm. EPA selected a soil 
action level for lead in residential soils at the site of 400 ppm.
    For lead contamination that may be addressed under CERCLA, these 
cleanup levels allow for unrestricted use. Therefore, operation and 
maintenance, institutional controls and five-year reviews are not 
required for these parcels.

Community Involvement

    EPA has worked extensively with the Omaha community through a 
variety of communication vehicles, including but not limited to local 
speaking engagements, participation in citizens' groups and city 
council meetings, local public access television, public service 
announcements on local cable television, coverage on radio and 
television and in local and national newspapers, mass mailings of 
informational materials, public outreach by telephone, by conducting 
public meetings, and through the EPA Web site.
    EPA has been performing outreach to Omaha citizens, elected 
officials, school officials, health officials, the media, nonprofit 
groups, and others since becoming involved in the project in 1998 in an 
effort to convey information about the hazards of lead poisoning, 
particularly how lead affects the health of children. The EPA has 
participated in numerous formal and informal meetings to explain EPA's 
role and commitment in Omaha, convey information about the Superfund 
process, and provide general information about the site and lead 
contamination. EPA responds to inquiries on a daily basis regarding the 
site and individual property owner's sampling results.

[[Page 33282]]

    In January 2004, a Community Advisory Group (CAG) was formed for 
the site. A CAG is a committee, task force, or board made up of 
residents affected by a Superfund site. They provided a public forum 
where representatives of diverse community interests can present and 
discuss their needs and concerns related to the site and the cleanup 
process. The last CAG meeting was held in October 2011. A new group, 
Child Lead Poisoning Prevention Group, formed. The first meeting of the 
Child Lead Poisoning Group was held at City Hall in May 2012. The 
purpose of the new group remains the same.

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), Region 7 of the EPA finds 
that the 1,154 residential parcels of the Omaha Lead site (the subject 
of this deletion) meet the substantive criteria for partial NPL 
deletions. EPA has consulted with and has the concurrence of the State 
of Nebraska. All responsible parties or other persons have implemented 
all appropriate response actions required. All appropriate Fund-
financed response under CERCLA has been implemented, and no further 
response action by responsible parties is appropriate.

List of Subjects in 40 CFR Part 300

    Environmental protection, Hazardous substances, Intergovernmental 
relations, Superfund.

    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.

    Dated: May 16, 2013.
 Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-12969 Filed 6-3-13; 8:45 am]
BILLING CODE 6560-50-P
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