38672 Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 CFR 1.05– 

1. 

■ 2. Add § 100.35T07–0195 to read as 

follows: 

§ 100.35T07–0195 Special Local 

Regulation; Battle of the Bridges, 

Intracoastal Waterway; Venice, FL. 

(a) Regulated Area. A regulated area is 

established to include a race area 

located on all waters of the Intracoastal 

Waterway south of a line made 

connecting the following points: 

27°06′15′′ N, 082°26′43′′ W, to position 

27°06′12′′ N, 082°26′43′′ W, and all 

waters of the Intracoastal Waterway 

north of a line made connecting the 

following points: 27°03′21′′ N, 

082°26′17′′ W, to position 27°03′19′′ N, 

082°26′15′′ W. All coordinates are North 

American Datum 1983. 

(b) Definitions. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

COTP St. Petersburg in the enforcement 

of the regulated areas. 

(c) Regulations.(1) All non-participant 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the race area 

unless authorized by the Captain of the 

Port (COTP) St. Petersburg or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the race area may contact 

the COTP St. Petersburg by telephone at 

(727) 824–7506 or via VHF–FM radio 

Channel 16 to request authorization. 

(3) If authorization to enter, transit 

through, anchor in, or remain within the 

race area is granted, all persons and 

vessels receiving such authorization 

shall comply with the instructions of 

the COTP or a designated 

representative. 

(4) The Coast Guard will provide 

notice of the regulated areas by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, or by on-scene designated 

representatives. 

(d) Enforcement Period. This rule will 

be enforced from 7 a.m. until 7:30 p.m. 

on September 15, 2018. 

Holly L. Najarian, 

Captain, U.S. Coast Guard, Captain of the 

Port Saint Petersburg. 

[FR Doc. 2018–16834 Filed 8–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2002–0001; FRL–9981– 

92-Region 8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Eureka Mills Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

Notice of Intent to Delete the Eureka 

Mills Superfund Site (Site) located in 

Eureka, Utah, 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 Utah, through the Utah 

Department of Environmental Quality 

(UDEQ), have determined that all 

appropriate response actions under 

CERCLA, other than operation and 

maintenance and five-year reviews 

(FYR), have been completed. However, 

this deletion does not preclude future 

actions under Superfund. 

DATES: Comments must be received by 

September 6, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2002–0001 by one of the 

following methods: 

• http://www.regulations.gov. Follow 

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 (CBI) 

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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

• Email: saenz.armando@epa.gov. 

• Mail: Armando Saenz, Remedial 

Project Manager, U.S. EPA, Region 8, 

Mail Code 8EPR–SR, 1595 Wynkoop 

Street, Denver, CO 80202–1129. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2002– 

0001. The http://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 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 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules 38673 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at: 

Eureka City Hall, 255 W Main Street, 

Eureka, UT 84628; Phone: (435–433– 

6915); Hours: M–Fri: 8:30 a.m.—5:00 

p.m. 

FOR FURTHER INFORMATION CONTACT: 

Armando Saenz, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 8, EPR–SR, Denver, CO 

80202, (303) 312–6559, email: 

saenz.armando@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Site Deletion 

I. Introduction 

EPA Region 8 announces its intent to 

delete the Eureka Mills Superfund Site 

from the NPL and requests public 

comment on this proposed action. The 

NPL constitutes Appendix B of 40 CFR 

part 300 which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

CERCLA of 1980, as amended. EPA 

maintains the NPL as the list of sites 

that appear to present a significant risk 

to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 40 CFR 

300.425(e)(3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced remedial actions if future 

conditions warrant such actions. 

EPA will accept comments on the 

proposal to delete 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 Eureka Mills Superfund 

Site and demonstrates how it meets 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 in not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State 

before developing this Notice of Intent 

to Delete. 

(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 Utah, through the 

UDEQ, has concurred with deletion of 

the Site from the NPL. 

(5) Concurrently with the publication 

of this Notice of Intent to Delete in the 

Federal Register, a notice is being 

published in the local Eureka Review 

Newsletter. The newspaper notice 

announces the 30-day public comment 

period concerning the Notice of Intent 

to Delete the Site from the NPL. 

(6) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

If comments are received within the 

30-day public comment period on this 

document, EPA will evaluate and 

respond appropriately to the comments 

before making a final decision to delete. 

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 Site, the 

Regional Administrator will publish a 

final Notice of 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 in the Site information 

repositories listed above. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Intended Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL. 

Site Background and History 

The 450-acre Eureka Mills Superfund 

Site (UT0002240158) encompasses 

much of Eureka. The town is situated in 

a southwest trending valley on the west 

side of the East Tintic Mountains in 

Juab County about 80 miles southwest 

of Salt Lake City, Utah. The town was 

founded in 1870 upon the discovery of 

a high-grade mineralized outcrop 

containing silver, lead, gold, copper and 

arsenic. The area was extensively mined 

until 1958. Because of extensive mining 

activities, numerous mine waste piles 

were formed and spread throughout the 

town (including residential areas). 

Investigations of the impacts from 

historic mining activities in Eureka 

began in 2000. Based on the results of 

initial blood lead testing and soil 

sampling, EPA and the State initiated an 

extensive blood lead testing program for 

Eureka residents in the summer of 2000. 

In addition, EPA’s Emergency Response 

Program initiated an extensive soil 

sampling program of residential 

properties and mine waste areas. 

During the 2001 and 2002 

construction seasons, EPA’s Emergency 

Response Program conducted an 

emergency removal action on 69 

properties. The action consisted of 

removing and replacing up to 18 inches 

of soil high in lead content on each 

property. The properties were selected 

based on soil lead levels greater than 

3000 ppm and/or a child living in the 

home with a blood lead level greater 

than 10 mg/dL. The Site was proposed 


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38674 Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules 

for the NPL on June 14, 2001 (66 FR 

32287) and finalized on September 5, 

2002 (67 FR 56757). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The RI/FS began in 2000 and was 

completed in 2002. Samples confirmed 

that metals were present in mine waste 

piles, residential/non-residential soils 

and within the interiors of some 

residences/commercial buildings. Over 

4,205 soil samples were collected from 

505 residential/commercial properties. 

One hundred residential properties 

contained surface soil lead in 

concentrations greater than 3,000 ppm. 

An additional 350 residential properties 

showed surface soil lead concentrations 

at levels between 231 and 2,999 ppm. 

Samples were also collected from mine 

waste piles and areas with future 

development potential. Lead 

concentrations within the waste pile 

material ranged from 1,000 ppm to 

47,806 ppm. Lead in areas with future 

development potential ranged from 325 

ppm to 15,000 ppm. 

The Baseline Human Health Risk 

Assessment (BHHRA) was completed in 

2002 and evaluated the current/future 

risks to human health associated with 

elevated concentrations of metals in 

soils and mine waste within the Site. 

Lead was found to be the primary soil 

contaminant of concern (COC) and other 

soil COCs (antimony, arsenic, mercury, 

silver and thallium) were found to be 

co-located with lead. 

Selected Remedy 

An interim ROD (September 2002) for 

Operable Unit (OU) 00 addressed the 

public health actions to reduce the 

immediate exposure of residents 

(particularly, children under the age of 

7 years) to lead from soil/dust in the 

environment prior to the 

implementation of the final remedy for 

the soils and mine wastes. Five OUs 

were designated for the Site: 

00—Entire Site including the 

residential/commercial areas 

01—May Day Shaft, Godiva Shaft and 

the Godiva Tunnel 

02—Bullion Beck Mine/Mill and 

Gemini Mine Waste Piles 

03—Central Eureka Mining Areas 

04—Ecological Risk Assessment, 

Groundwater and Surface Water 

With the completion of the BHHRA 

and RI/FS in 2002, EPA issued the final 

Site remedy for the soils and mine waste 

areas found to pose an imminent/ 

substantial endangerment to public 

health in the September 2002 ROD for 

OUs 00–03. Lead was found to be the 

primary soil COC and other soil COCs 

(antimony, arsenic, mercury, silver and 

thallium) were co-located with lead. 

The health based clean-up levels 

specified in the ROD were 231 ppm lead 

in soils for residential use and 735 ppm 

lead in soils for recreational use. 

The Remedial Action Objectives were: 

• Prevent exposure of children to lead 

in surface soil within current residential 

properties, vacant properties 

interspersed among residential 

properties, and commercial properties at 

the Site where soil is determined to be 

the source of lead and the ingestion of 

soil is predicted to result in a greater 

than 5% chance that an individual child 

or a group of similarly exposed children 

will have a blood lead level greater than 

10 mg/dL. 

• Prevent exposure of adolescents/ 

adults engaging in recreational activities 

to lead in surface soil within discrete 

mine waste piles and non-residential 

properties (areas currently used for 

recreation but could be proposed for 

future development) where ingestion of 

soil is predicted to result in a greater 

than 5% chance that an individual or a 

similarly exposed group will have a 

blood lead level greater than 11.1 mg/dL. 

• The final remedy included the 

following components: 

• Cleanup of 691 residential and 

commercial properties with lead in soil 

concentrations greater than the action 

level. The cleanup generally consisted 

of removal of 18 inches of soil, 

placement of a marker barrier at 18 

inches to define contaminated soil 

below and construction of an 18-inch 

cap consisting of soil with a vegetative 

cover or rock materials; 

• Capping of 13 mine waste piles near 

Eureka that posed a human health risk 

with an 18-inch cap of vegetated soil or 

rock; 

• Construction of a disposal cell 

(open cell) for contaminated soils that 

may be excavated during future 

development activities; 

• Implementation of institutional 

controls in the form of (1) proprietary 

controls in the form of easements or 

environmental covenants and; (2) local 

governmental ordinances to control 

excavation activities that could disturb 

contaminated materials; and, 

• Conducting public health actions, 

including information programs, 

periodic blood lead testing of children, 

and a program for evaluating sources of 

indoor lead exposure. 

The 2002 ROD for OUs 00–03 did not 

address the groundwater, surface water 

and ecological pathways because of the 

urgency to address actual exposures to 

lead contaminated soils evident in 

blood lead tests Eureka children. EPA 

conducted an RI for the surface water/ 

groundwater from 2007 to 2009. 

Analysis of surface water samples 

collected during the RI met the Utah 

State Criteria for agricultural and 

recreational use. No groundwater 

impacts were found from historical 

mining that presented a concern for 

human health. In addition, samples 

from drinking water wells showed 

consistently high-quality water with no 

metals exceeding Maximum 

Contaminant Levels (MCLs). An 

ecological risk assessment (conducted 

from 2009 to 2010) concluded that, 

while there was a small risk to certain 

avian species, addressing the associated 

contamination would result in the 

destruction of valuable habitat for other 

avian species/wildlife not at risk. A No 

Action ROD for OU O4 was issued in 

September 2011 for the groundwater, 

surface water and ecological pathways. 

In summary, the three RODs for the 

Site are as follows: (1) Early Interim 

Action ROD for Operable Unit 00 at the 

Eureka Mills Site (September 30, 2002); 

(2) ROD for Lead-Contaminated Soil, 

Operable Unit 00–03 at the Eureka Mills 

NPL Site (September 30, 2002); and (3) 

Eureka Mills OU 4 Groundwater, 

Surface Water and Ecological Risk ROD 

(September 21, 2011). 

Response Actions 

The remedial design (RD) was 

completed in May 2003 and the 

remedial action (RA) began in August 

2003 and was completed in October 

2010. Most of the RA activities were 

performed by EPA with the assistance 

from the United States Army Corps of 

Engineers (USACE) under an 

interagency agreement. The USACE 

oversaw all work performed by its 

contractors and provided monthly 

progress reports. The monthly progress 

reports documented the work 

completed, problems encountered and 

their resolution, upcoming work and 

invoices submitted for payment during 

the reporting period. Potentially 

responsible parties (mine owners/ 

operators) performed portions of the RA 

and provided materials and resources 

for other RA tasks. 

Because the duration of the RA 

extended over an eight-year period with 

multiple parties performing the RA 

work, pre-final/final inspections were 

conducted throughout the remedial 

action as specific portions of the Site 

were completed. Each PRP prepared a 

RA report after its work which was then 

reviewed by EPA and UDEQ and 

approved by EPA. EPA prepared annual 

RA reports documenting the work 

completed during the year which were 

reviewed and concurred on by UDEQ. 

The OU 00 RA for residential cleanup 

began in August 2004, and was 


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Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Proposed Rules 38675 

completed in September 2010. EPA and 

UDEQ conducted inspections of the 

residential cleanup on a continual basis 

during each construction season from 

2004 through 2010. Punch list items 

identified during the residential 

inspections were minor and 

immediately addressed. The remedial 

activities of the residential cleanup were 

summarized in each annual RA report. 

The surface runoff control features 

were designed to conform to the Federal 

Emergency Management Agency’s 

(FEMA) revised Flood Insurance Rate 

Map. The initial hydrologic studies for 

the mapping were jointly conducted by 

FEMA and EPA in 2003. Following the 

completion of the RA and the surveying 

of the constructed drainages, EPA (on 

behalf of Eureka) submitted a letter to 

FEMA requesting revisions to the 2004 

Flood Insurance Rate Map. FEMA 

approved the revisions in a letter dated 

May 12, 2011. 

Construction completion for the Site 

was achieved with the signing of the 

Preliminary Close Out Report (PCOR) 

and RA Report on September 21, 2011. 

Operation and Maintenance 

The O&M Plan and O&M Manual for 

the Site were approved on July 31, 2009 

as attachments to the amended State 

Superfund Contract (SSC). The O&M 

Plan outlines the responsibilities of 

UDEQ and the City of Eureka for the 

O&M of the remedy at the Site including 

the implementation of ICs and operation 

of the open cell. The remedy was 

determined to be Operational and 

Functional on July 18, 2011 by EPA and 

the State of Utah assumed responsibility 

for O&M pursuant to the O&M Plan. 

The O&M Manual defines the 

maintenance tasks—inspection 

schedule, operation of the open cell and 

any material specifications for erosion 

repairs, etc. The O&M Manual includes 

the ‘‘as-built’’ drawings of the Response 

Action Structures (RASs) and individual 

inspection sheets for each RAS. In 

addition, the O&M Manual includes the 

survey descriptions and drawings of the 

RASs attached to the environmental 

covenants filed on each affected parcel. 

The final remedy requires ICs because 

contaminated materials remain at the 

Site above levels that allow for 

unlimited use and unrestricted 

exposure. The ICs at the Site include 

environmental covenants and a local 

excavation ordinance. 

Environmental covenants (ECs) were 

filed for each land parcel wholly or 

partially within the footprint of each 

RAS. RASs include the capped mine 

waste piles, drainage control features 

(sedimentation ponds/constructed 

drainages) and access roads. Filed by 

the property owner (usually a PRP), the 

ECs limit the type of land uses on RASs. 

Uses that could compromise the 

integrity of the remedy are prohibited. 

The ECs prohibit any disturbance or 

alteration of the RASs without prior 

approval by EPA/UDEQ and require 

compliance with Eureka’s excavation 

ordinance. Future property owners will 

have to comply with the requirements of 

the ECs given that the ECs run with the 

land. 

In October 2010, Eureka adopted a 

local ordinance that governs excavation 

activities in areas that have been 

remediated but not developed. 

Undeveloped areas were not remediated 

at the time of the RA because of thick 

vegetation (and limited exposure to 

contaminated soils). The 00–03 ROD 

determined that the most appropriate 

time to remediate undeveloped areas 

would be during development. The 

ordinance requires property owners to 

obtain a permit for certain excavation 

activities defined as ‘‘restricted 

activities.’’ All contaminated materials 

displaced during excavation must either 

be disposed at the open cell or be 

capped with 18 inches of clean topsoil/ 

road base material or capped with a 

structure or paved surface (minimum 2- 

inch hard cover surface). UDEQ 

provides technical/financial support to 

Eureka for the administration and 

enforcement of the ordinance through a 

funding agreement. 

Five-Year Review 

Statutory Five-Year Reviews (FYR) of 

the Site are required because hazardous 

substances remain on-Site above levels 

which allow for unlimited use and 

unrestricted exposure. The last FYR 

Report was signed on July 17, 2018 and 

found that, because the remedial actions 

at all OUs are protective, the remedy 

implemented at the Site is protective of 

human health and the environment. 

There were no issues/recommendations. 

The next five-year review is scheduled 

to be completed by July 2023. 

Community Involvement 

Since the implementation of the final 

Site remedy, there has not been any 

significant public/congressional 

interest. There have been no expressions 

of health/environmental concerns with 

the remedy. 

Community involvement activities 

associated with the most recent FYR 

included a public notice published in 

the Eureka Review Newsletter on March 

1, 2018 and stakeholder interviews to 

discuss the review and address concerns 

or issues with the Site. The interviews 

were conducted from March 1 through 

April 15, 2018 and included 

representatives from the Eureka City 

Council, Eureka City Officials and 

surrounding property owners. 

None of the interviewees expressed 

any health or environmental concerns 

with the remedy and felt the remedy 

remains protective. The City of Eureka 

expressed concerns about issues that are 

not remedy-related such as problems 

with sewer/water lines, roads, drainage 

areas and historic head frames. Property 

owners either approved of the necessity 

of a cleanup for a healthy community or 

disapproved of the rock appearance 

extensively used for cover of mine waste 

areas. The interviewees approved of 

EPA’s proposal and State concurrence to 

delete the Site from the NPL by the end 

of the federal fiscal year 2018. 

Determination That the Site Meets the 

Criteria for Deletion 

This Site meets all the completion 

requirements as specified in the OSWER 

Directive 9320.2–22, Close Out 

Procedures for National Priorities List 

Sites. All remedial activities at the Site 

are consistent with agency policy and 

guidance. The only remaining CERCLA 

activities to be performed at the Site are 

O&M and five-year reviews. No further 

Superfund responses are needed to 

protect human health and the 

environment at the Site. 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Utah, has determined that 

all required response actions have been 

implemented and no further response 

action is appropriate. 

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: July 30, 2018. 

Douglas H. Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–16772 Filed 8–6–18; 8:45 am] 

BILLING CODE 6560–50–P 


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