Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 29731 

TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL—Continued 

[Subchapter B, Division 1, Storage of Volatile Organic Compounds] 

Section amended Amendment Comments 

Additional sentence expressly states the requirement to comply with 90% control efficiency requirement [see 115.112(e)(3)(A)(i)] in the HGB area no longer 

applies beginning July 20, 2018. Therefore, all control devices in the area 

must meet the 95% DRE requirement after that date. Also, some ministerial 

changes to conform with current formatting practices for state rules were 

made.

Represents an increased level of VOC 

control in the HGB area on the date 

of implementation. 

Ministerial changes are non-substantive. 

Changes to 115.119(a)(2) clarifies existing sources in HGB area should comply 

with control requirements in 115.112(e)(1)–(6), rather than the earlier reference to 115.112(e) in its entirety. The changes to the language distinguish 

between compliance dates for exiting requirements in the HGB NA area 

under 115.112(e)(1)-(6) and the new requirement for the HGB NA area under 

115.112(e)(7).

Clarifies applicability and should result 

in increased compliance and reduced 

regulatory confusion. 

Additional wording expressly states the requirement to comply with 90% DRE 

[see 115.112(e)(3)(A)(i)] is in effect in the HGB area for an affected source 

until the source complies with the 95% control efficiency stated in 

115.112(e)(3)(A)(ii) or July 20, 2018 at the latest.

Full compliance represents an increased level of VOC control in the 

HGB NA area and will result in reduced VOC emissions in the area on 

the date of implementation. 

New paragraph 115.119(a)(3) is added requiring compliance with new control 

standards, inspection and record keeping requirements for affected sources in 

the HGB NA area as soon as practicable, but not later than July 20, 2018.

Clarifies early compliance is desirable 

and establishes a final date to comply. Expected to simplify compliance 

and enforcement. 

IV. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed Action 

section above. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and in 

hard copy at the EPA Region 6 office. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: June 20, 2018. 

Anne Idsal, 

Regional Administrator, Region 6. 

[FR Doc. 2018–13651 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9979– 

86—Region 7] 

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. 

SUMMARY: Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete 101 residential 

parcels of the Omaha Lead Superfund 

site located in 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 of 1980 (CERCLA), as amended, is 


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29732 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the state of Nebraska, through the 

Nebraska Department of Environmental 

Quality, determined that all appropriate 

response actions under CERCLA were 

completed at the identified parcels. 

However, this deletion does not 

preclude future actions under CERCLA. 

This partial deletion pertains to 101 

residential parcels. The remaining 

parcels will remain on the NPL and are 

not being considered for deletion as part 

of this action. 

DATES: Comments must be received on 

or before July 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2003–0010, by one of the 

following methods: 

• https://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

• Email: hagenmaier.elizabeth@

epa.gov or freeman.tamara@epa.gov. 

• Mail: Environmental Protection 

Agency Region 7, 11201 Renner 

Boulevard, Lenexa, KS 66219 Attention: 

Elizabeth Hagenmaier, SUPR Division or 

Tamara Freeman, ECO Office. 

• Hand delivery: Environmental 

Protection Agency Region 7, 11201 

Renner Boulevard, Lenexa, KS 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. 

• For additional submission methods, 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

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 https://

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 https://

www.regulations.gov or email. The 

https://www.regulations.gov website 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 https://

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: The docket contains the 

information that was the basis for the 

partial deletion, specifically the 

documentation regarding the results of 

soil cleanup activities. Information 

regarding the optional voluntary 

cleanup activities such as the lead-based 

paint stabilization and interior dust 

sampling is not provided in the docket 

but is available from EPA on a case-bycase basis. Certain other material, such 

as copyrighted material, will be publicly 

available only in the hard copy. 

All documents in the docket are listed 

in the https://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 https://

www.regulations.gov or in hard copy at: 

USEPA Region 7 Records Center at 

11201 Renner Boulevard, Lenexa, 

Kansas 66219, between 8:00 a.m. and 

4:00 p.m. 

The Omaha public libraries also have 

computer resources available to assist 

the public. The W Dale Clark Library, 

located at 215 S 15th Street, Omaha, NE 

68102 is centrally located within the 

site boundary. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Hagenmaier, Remedial Project 

Manager, Environmental Protection 

Agency, Region 7, SUPR/LMSE, 11201 

Renner Boulevard, Lenexa, KS 66219, 

telephone (913) 551–7939, email: 

hagenmaier.elizabeth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Background and Basis for Intended Partial 

Site Deletion 

I. Introduction 

EPA Region 7 is proposing to delete 

101 residential parcels of the Omaha 

Lead Superfund site, from the NPL and 

is requesting public comment on this 

proposed action. The table of 101 

Properties Proposed for the Third Partial 

Deletion of Properties from the Omaha 

Lead Superfund site 2018 (EPA–HQ– 

SFUND–2003–0010–1900) identifies 

specific properties included for this 

proposed partial deletion. The location 

of the 101 properties are shown on 

Figure 1 ‘‘2018 Partial Deletion Omaha 

Lead Site’’ (EPA–HQ–SFUND–2003– 

0010–1895). The NPL constitutes 

appendix B of 40 CFR part 300, which 

is the NCP, which EPA promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, or CERLA 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, 

or 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 

and 60 FR 55466 (November 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 this site for 


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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 101 residential parcels 

of the Omaha Lead Superfund site and 

demonstrates how they 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 

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 101 residential parcels 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 action 

prior to this publication. 

(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 101 residential parcels of 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. 

The newspaper announces 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 appropriately to the comments 

before making a final decision to delete 

the 101 residential parcels. 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 101 residential parcels 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. Background and Basis for Intended 

Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the 101 

residential parcels of the Omaha Lead 

Superfund site from the NPL, as 

previously identified. 

Site Background and History 

The Omaha Lead Superfund site, or 

OLS, [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. The properties were 

contaminated as a result of deposition of 

aerial emissions 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., or ASARCO, 

operated a lead refinery at 500 Douglas 

Street in Omaha, Nebraska, for over 120 

years. Aaron Ferer & Sons Company, 

and later Gould Electronics, Inc., 

operated a lead battery recycling plant 

located at 555 Farnam Street. Both 

ASARCO and Aaron Ferer/Gould 

facilities released lead-containing 

particulates into the atmosphere from 

their smokestacks. The lead particles 

were subsequently deposited on 

surrounding residential properties. 

Beginning in 1984, the Douglas 

County Health Department, or DCHD 

monitored ambient air quality around 

the ASARCO facility. This air 

monitoring routinely measured ambient 

air lead concentrations in excess of the 

ambient air standard. Between 1972 and 

1998 the DCHD measured the blood lead 

level in children within the county. The 

results of the measurements indicated a 

high incidence of elevated blood lead 

level in children. Blood lead screening 

of children living in zip codes located 

east of 45th Street consistently exceeded 

10 micrograms per deciliter (mg/dl) more 

frequently than children living 

elsewhere in the county. 

In 1998, the Omaha City Council 

requested assistance from the EPA to 

address the high incidence of children 

found with elevated blood lead levels by 

the DCHD. In 1999, the EPA initiated an 

investigation into the lead 

contamination under the authority of 

CERCLA. On April 30, 2003, the OLS 

was listed on the NPL (68 FR 23077). 

The OLS includes those residential 

properties where EPA determined 

through soil sampling that soil lead 

levels represent an unacceptable risk to 

human health. Residential properties 

where soil sampling indicates that lead 

concentrations in the soil are below a 

level that represent an unacceptable risk 


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are not included in 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). The properties 

include single and multi-family 

dwellings, apartment complexes, child 

daycare 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 excluded from the 

definition of the Site. 

The residential properties proposed 

for deletion from the NPL site were 

cleaned up under both CERCLA removal 

and remedial authority. Regardless of 

the authority used for the remediation of 

yards, the cleanup levels for soils for all 

the properties proposed for deletion 

were the same. 

Response Actions 

The initial EPA response was 

conducted under CERCLA removal 

authority. Due to the size of the site and 

the very large number of individual 

properties, it was necessary to prioritize 

sites for cleanup. The prioritization was 

based on factors such as the elevated 

blood level of children at each property 

and the lead concentration in the soil at 

each property. The result was a series of 

action levels that reflected the priority 

of categories of sites. Consequently, the 

action level for the site changed over 

time from 2,500 mg/kg to 400 mg/kg, as 

the highest priority sites were cleaned 

up first. The cleanup level was 

established using the Integrated 

Exposure Uptake Biokinetic, or IEUBK 

model to determine the concentration to 

which the lead is cleaned up at each 

property within the site. The cleanup 

level for the OLS is 400 mg/kg of lead 

in the soil. The cleanup level of 400 

mg/kg was selected to allow for 

unlimited use and unrestricted 

exposure. The cleanup level has not 

changed, and all properties, regardless 

of the action level, were cleaned up to 

400 mg/kg. 

Removal Activities 

Beginning in March 1999, the EPA 

began collecting soil samples from 

properties that provided licensed child 

daycare services. The initial removal 

action dated August 2, 1999, consisted 

of excavation and replacement of 

contaminated soil where the lead 

concentration exceeded the action levels 

identified in the Action Memorandum. 

Response actions were implemented at 

properties that met either of the 

following criteria: 

• A child seven years of age or 

younger (0 to 84 months) residing at the 

property was identified with an elevated 

blood level, or EBL exceeding 15 mg/dl 

(this EBL was reduced to 10 mg/dl in 

August 2001) and a soil sample 

collected from a non-foundation 

quadrant exhibited lead concentrations 

greater than 400 mg/kg, or 

• A property was a used as a childcare facility and a soil sample collected 

from a non-foundation quadrant 

exhibited a lead concentration greater 

than 400 mg/kg. 

On August 22, 2002, EPA initiated a 

second removal action. 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 mg/kg. The 2002 Action 

Memorandum explicitly identifies the 

possibility of lead-based paint as a 

potential contributor to lead 

contamination of soils within thirty 

inches of the foundation of a painted 

structure. Due to the potential 

contribution of deteriorating lead-based 

paint near the foundations of structures, 

a lead concentration greater than 400 

mg/kg in the soil in the drip zone (areas 

near structure foundations) was not, in 

itself, sufficient to trigger soil removal. 

However, if a soil sample from any midyard quadrant exceeded the action level, 

soil was removed from all areas of the 

property exceeding the 400 mg/kg 

cleanup level, including the drip zone. 

In November 2003, EPA amended the 

second removal action to reduce the 

action level to 1,200 mg/kg. In March 

2004, EPA amended the second removal 

action to combine the two removal 

actions. In March 2005, EPA amended 

the removal action to reduce the action 

level from 1,200 mg/kg to 800 mg/kg. 

At properties determined to be 

eligible for response under either of the 

Action Memoranda soil with lead 

concentrations greater than the cleanup 

level was excavated and replaced with 

clean soil and the excavated areas were 

revegetated. 

Beginning with the construction 

season of 2005, the scope of the removal 

action was expanded to address the 

requirements of 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 applicable 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. 

Remedial Investigation/Feasibility Study 

(RI/FS)—Human Health Risk 

Assessment 

As part of the RI/FS EPA developed 

a Human Health Risk Assessment, or 

HHRA for the site using site-specific 

information collected during the OLS 

Remedial Investigation. Lead was 

identified as the primary contaminant of 

concern. The HHRA also identified 

arsenic as a potential contaminant of 

concern, but arsenic was eliminated 

based on 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, reduced 

intelligence, and adverse effects on 

behavior. The IEUBK model for lead in 

children was used to evaluate the risks 

posed to young children (0 to 84 

months) resulting from 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 mg/kg. 

In October 2008, EPA released a draft 

Final Remedial Investigation. Based on 

the 2008 data set, EPA established the 

boundary of the Final Focus Area for the 

Site. The Final Focus 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 17,280 acres (27.0 square 

miles). By the time the Final Remedial 

Investigation was completed, EPA had 

collected soil samples from 37,076 

residential properties, including 34,565 

properties 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 


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400 mg/kg. In addition to soil sampling, 

EPA collected dust samples from the 

interior of 159 residences to support the 

OLS Human Health Risk Assessment. 

Record of Decision 

EPA completed the Final Record of 

Decision, or ROD for the OLS in May 

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 mg/dl. The 

selected remedy includes the following 

components: 

• Excavation and Replacement of Soils 

Exceeding 400 mg/kg Lead 

• Stabilization of Deteriorating Exterior 

Lead-Based Paint 

• Response to Lead-Contaminated 

Interior Dust 

• Health Education 

• Operation of a Local Lead Hazard 

Registry as a type of Institutional 

Control 

Each of these components is 

described below. 

Remedial Actions 

Excavation and Replacement of Soils 

Exceeding 400 mg/kg Lead 

Excavation of soils was accomplished 

using lightweight excavation equipment 

and hand tools in the portions of the 

yard where the concentration of lead in 

the surface soil exceeded 400 mg/kg. 

Excavation continued in all quadrants, 

play zones, and drip zone areas 

exceeding 400 mg/kg lead until the 

residual lead concentration measured at 

the exposed surface of the excavation 

was less than 400 mg/kg in the upper 

foot, or less than 1,200 mg/kg at depths 

greater than one foot. Typically, soil 

excavation depths were between six and 

ten inches in depth. Soils in garden 

areas were excavated until reaching a 

residual concentration of less than 400 

mg/kg in the upper two feet measured 

from the original surface, or less than 

1,200 mg/kg at depths greater than two 

feet. 

After confirmation sampling verified 

that cleanup goals were achieved, the 

excavated areas were backfilled with 

clean soil to original grade and sod was 

placed over the remediated areas. 

EPA’s remediation contractors 

stockpiled contaminated soil in staging 

areas, collected samples, and 

subsequently transported soil to an offsite subtitle D solid waste disposal 

landfill for use as daily cover and/or 

disposal. 

Stabilization of Deteriorating Exterior 

Lead-Based Paint 

EPA used the lead-based paint 

assessment protocol, presented in the 

Final Lead-Based Paint 

Recontamination Study Report prepared 

for the OLS, to determine eligibility for 

exterior lead-based paint stabilization at 

those properties where soil lead 

concentrations exceeded 400 mg/kg. At 

those properties where the exterior leadbased paint assessment identified a 

threat from deteriorating paint to the 

continued protectiveness of the soil 

remedy, 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 

chose to have their exterior paint 

stabilized. Removal of loose and flaking 

lead-based paint was performed using 

lead-safe practices as described in EPA’s 

Renovate, Repair and Painting Rule. The 

practices include 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. 

Response to Lead-Contaminated Interior 

Dust 

As part of the final remedy, residents 

at eligible properties are provided the 

opportunity to have interior dust 

sampled. The interior dust response is 

not mandatory, and the resident may 

choose to decline. If the property owner 

agrees, EPA collects samples of dust 

from interior surfaces. The analytical 

data is provided to the resident/tenant 

in a letter and the letter informs them 

whether any HUD criteria are exceeded. 

The DCHD conducts follow up activities 

at any residence where the 

concentration of lead in the interior dust 

levels exceed the HUD criteria. For 

those residences that qualify and where 

the resident agrees, the residents are 

provided with 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. The DCHD also provides 

training and education regarding the 

need to mitigate interior dust. 

Exterior lead-based paint stabilization 

and interior dust response were 

conducted retroactively at properties 

where soil cleanups were performed 

under CERCLA removal authority, as 

well as to properties addressed under 

CERCLA remedial authority. 

Health Education 

There are a number of identified lead 

hazards within the OLS, not all of 

which are connected to the contaminant 

source of the OLS. To better address all 

potential lead sources within the OLS, 

a health education program was 

developed and continues to be 

implemented to increase public 

awareness and mitigate exposure. An 

active educational program continues in 

cooperation with agencies and 

organizations that include ATSDR, the 

Nebraska Department of Health and 

Human Services, or NDHHS, DCHD, 

local non-governmental organizations, 

and other interested parties. 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 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 Omaha Lead Registry, (available 

at www.omahalead.org) is a geographic 

information system, or GIS, based 

database that provides the public with 

on-line access to the status of the EPA 

investigation and response actions. 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 each individual 

property. 

Community Involvement 

EPA 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 


sradovich on DSK3GMQ082PROD with PROPOSALS
29736 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

announcements on local cable 

television, coverage on radio, television, 

in local and national newspapers, mass 

mailings of informational materials, 

public outreach by telephone, 

conducting public meetings, and 

through the EPA website. 

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 an 

effort to convey information about the 

hazards of lead poisoning, particularly 

the ways that lead affects the health of 

children. The EPA 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. 

In January 2004, a Community 

Advisory Group, or CAG was formed for 

the OLS 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 with diverse community 

interests could present and discuss their 

needs and concerns related to the site 

and the cleanup process. The CAG was 

discontinued after the last 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 Group is no 

longer active. 

Five-Year Review 

EPA completed the first Five-Year 

Review for the site in September 2014. 

Five-Year Reviews for the site are 

statutory. The triggering action for the 

Five-Year Review is the completion of 

the Final Record of Decision for 

Operable Unit 2, completed in May 

2009. 

The protectiveness of the remedy was 

deferred in the Five-Year Review 

because the remedy had not been 

completed at all of the properties within 

the site boundary. However, cleanup 

activities at the 101 residential parcels 

included in this partial deletion action 

are complete and protective of human 

health. There are no issues or 

recommendations in the Five-Year 

Review related to these 101 residential 

parcels proposed for deletion. 

The next Five-Year Review will be 

completed in 2019. 

Summary of EPA Work Completed 

Soil Testing and Remediation 

EPA Region 7 completed the EPA lead 

portion of the remedial action on 

December 29, 2015. The city of Omaha 

and the DCHD will be performing the 

remaining field work. As of December 

29, 2015, EPA collected soil samples 

from 42,047 properties. There are 489 

remaining properties to be sampled. The 

EPA has obtained access to collect 

samples from 163 of the 489 properties. 

Based on the soil sampling results, 

14,019 properties were eligible for soil 

remediation. The EPA remediated lead 

contaminated soil at 13,090 properties 

(93 percent) of the properties that were 

eligible for remediation. There are 

approximately 929 remaining properties 

that are eligible for soil remediation. 

The EPA obtained access to remediate 

fifty-one of the remaining properties. 

Lead-Based Paint Testing and 

Stabilization 

The EPA tested 12,057 properties for 

the presence of lead-based paint, or 

LBP. 6,782 properties qualify for LBP 

stabilization. The EPA completed LBP 

stabilization on 6,249,(92 percent) of the 

eligible properties. 

Dust Sampling 

The EPA collected dust samples from 

3,933 properties consisting of 4,477 

residences for lead contaminated dust. 

These numbers reflect the fact that some 

of the properties are multi-residence 

properties. 

Continuing Remedial Action 

EPA completed Cooperative 

Agreements with the city of Omaha and 

the DCHD that provide funds to allow 

these local government agencies to 

continue efforts to obtain access to the 

remaining properties and conduct 

sampling and remediation activities at 

those properties where they obtain 

access. 

Determination That the Criteria for 

Deletion Has Been Achieved 

In accordance with 40 CFR 

300.425(e), Region 7 of the EPA finds 

that the 101 residential parcels of the 

Omaha Lead Superfund site (the subject 

of this deletion) meet the substantive 

criteria for deletion from the NPL. 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 was implemented, and 

no further response action by 

responsible parties is appropriate. 

The implemented remedy at the 101 

residential parcels have achieved the 

degree of cleanup specified in the ROD 

for all pathways of exposure. All 

selected remedial action objectives and 

associated cleanup levels are consistent 

with agency policy and guidance. No 

further Superfund response is needed to 

protect human health and the 

environment. 

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. 

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

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; 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: June 13, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 2018–13720 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 10, 12, 13, 18, and 26 

[FAR Case 2017–009; Docket No. 2017– 

0009, Sequence No. 1] 

RIN 9000–AN45 

Federal Acquisition Regulation: 

Special Emergency Procurement 

Authority 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement sections of the National 

Defense Authorization Act for Fiscal 

Year 2017 to expand special emergency 

procurement authorities for acquisitions 

of supplies or services that facilitate 

defense against or recovery from cyber 

attack, provide international disaster 

assistance under the Foreign Assistance 

Act of 1961, or support response to an 

emergency or major disaster under the 


sradovich on DSK3GMQ082PROD with PROPOSALS