[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57158-57161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7976-8]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of partial deletion of the Jacobs Smelter 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final notice of partial deletion of the Jacobs 
Smelter Superfund Site from the National Priorities List (NPL). 
Specifically EPA intends to delete Operable Unit 3 from the site, 
comprised only of soils within the Union Pacific Rail Road (UPRR) 
right-of-way in Tooele County, Utah.
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substance Pollution Contingency Plan (NCP). 
The EPA is publishing this direct final notice of partial deletion with 
the concurrence of the State of Utah, through the Utah Department of 
Environmental Quality (UDEQ) because the EPA has determined that all 
appropriate response actions under CERCLA have been completed at these 
properties and, therefore, further remedial action pursuant to CERCLA 
is not appropriate.
    This partial deletion pertains to Operable Unit 3 described in 
section IV of this document and does not alter the status of any other 
portion of the Jacobs Smelter Superfund Site. Operable Unit 1 was 
deleted from the NPL in 2001.

DATES: This direct final partial deletion will be effective November 
29, 2005 unless EPA receives adverse comments by October 31, 2005. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Comments may be mailed to Jennifer Lane, Community 
Involvement Coordinator, U.S. EPA Region 8 (8OC), 999 18th Street, 
Suite 300, Denver, CO 80202-2466, (303) 312-6813.
    Information Repositories: Comprehensive information about the site 
is available for viewing and copying at the site information 
repositories located at:

U.S. Environmental Protection Agency Region 8 Records Center, 999 18th 
St., Suite 300, Denver, CO 80202-2466, Hours: Monday-Friday, 8:30 a.m. 
to 4:30 p.m.
Tooele City Public Library, 128 West Vine Street, Tooele, UT 84074, 
Hours: Tuesday-Friday 11 a.m. to 7:30 p.m.; Saturday 10:30 a.m. to 6 
p.m.
Utah Department of Environmental Quality, 168 North 1950 West, 1st 
Floor, Salt Lake City, UT 84116, (801) 536-4400, Hours: Monday-Friday, 
8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Lisa Lloyd, Remedial Project Manager 
(8EPR-SR), U.S. EPA Region 8, 999 18th Street, Suite 300, Denver, CO 
80202-2466, (303) 312-6537.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

[[Page 57159]]

II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Partial Site Deletion
V. Partial Deletion Action

I. Introduction

    EPA Region 8 is publishing this direct final notice of partial 
deletion of the Jacobs Smelter Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec.  300.425(e)(3) of the NCP, sites 
or areas within sites deleted from the NPL remain eligible for remedial 
actions if conditions at a deleted site warrant such action.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to partially delete. This action will be effective November 29, 
2005 unless EPA receives adverse comments by October 31, 2005 on this 
notice or the parallel notice of intent to partially delete published 
in the ``Proposed Rules'' section of today's Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this document, EPA will publish a timely withdrawal of this direct 
final notice of partial deletion before the effective date of the 
deletion and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
partial deletion process on the basis of the notice of intent to 
partially delete and the comments already received. There will be no 
additional opportunity to comment.
    Section II of this document explains the criteria for deleting, or 
partially deleting, sites from the NPL. Section III discusses 
procedures that EPA is using for this action. Section IV discusses the 
UPRR right-of-way property that EPA intends to delete from the Jacobs 
Smelter Superfund Site and demonstrates how it meets the partial 
deletion criteria. Section V discusses EPA's action to partially delete 
the site from the NPL unless adverse comments are received during the 
public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete, or partially delete, a release from the NPL, 
EPA shall consider, in consultation with the State, whether any of the 
following criteria have been met:
    i. Section 300.425(e)(1)(i): Responsible parties or other persons 
have implemented all appropriate response actions required;
    ii. Section 300.425(e)(1)(ii): All appropriate Fund-financed 
(Hazardous Substance Superfund Response Trust Fund) response action 
under CERCLA has been implemented and no further response action by 
responsible parties is appropriate; or
    iii. Section 300.425(e)(1)(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.
    Even if a site is partially deleted from the NPL, if hazardous 
substances, pollutants or contaminants remain in place at the deleted 
portion of the site above levels that allow for unlimited use and 
unrestricted exposure, CERCLA section 121(c), 42 U.S.C. 9621(c), 
requires that a subsequent review be conducted at least every five 
years after the initiation of the remedial action at the deleted 
portion of the site to ensure that the action remains protective of 
public health and the environment. If new information becomes available 
which indicates a need for further action, EPA may initiate or require 
further remedial actions. Whenever there is a significant release from 
a site (or portion thereof) deleted from the NPL, the deleted area or 
site may be restored to the NPL without application of the hazard 
ranking system.

III. Deletion Procedures

    The following procedures apply to the partial deletion:
    (1) The EPA consulted with the State of Utah on the partial 
deletion of the site from the NPL prior to developing this direct final 
notice of partial deletion.
    (2) The State of Utah concurred with the partial deletion of the 
site from the NPL.
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of the availability of the parallel notice of 
intent to partially delete was published today in the ``Proposed 
Rules'' section of the Federal Register, is being published in a major 
local newspaper of general circulation at or near the site and is being 
distributed to appropriate federal, state and local government 
officials and other interested parties; the newspaper notice announces 
the 30-day public comment period concerning the notice of intent to 
partially delete the site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion of 
these properties in the site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely notice of 
withdrawal of this direct final notice of partial deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the notice of intent to 
delete and the comments already received.
    Deletion or partial deletion of a site from the NPL does not itself 
create, alter or revoke any individual's rights or obligations. 
Deletion or partial 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. 
Section 300.425(e)(3) of the NCP governs partial deletion of a site 
from the NPL in the same manner.
    While EPA does not believe that any future response action within 
Operable Unit 3 will be needed, if future conditions warrant such 
action, this deleted area will remain eligible for future response 
actions. Furthermore, this partial deletion does not alter the status 
of any remaining portions of the Jacobs Smelter Superfund Site, which 
are not proposed for deletion and remain on the NPL. The residential 
portion of Operable Unit 1 was deleted from the NPL in 2001.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
portion of the site referred to above from the NPL.

A. Site Location

    The Jacobs Smelter Superfund Site Operable Unit 3 is a long 
irregularly shaped property consisting of the Union Pacific Railroad 
right-of-way, 1,625 feet in length and varying in width from 50 to 450 
feet with an average width of 200 feet. An active mainline railroad 
bisects this 9-acre site from north to south. One of the major roads, 
Silver Avenue, crosses the right-of-way from east to west. The site is 
relatively level and vegetated with native grasses and scrubby trees. 
Several older concrete foundations of removed buildings and one 
possible water tower base are evident. The only other onsite structures 
are two small signal houses.

B. Site History

    The Stockton Yard (OU3) is located within the Jacobs Smelter 
Superfund

[[Page 57160]]

Site. Several mining and smelting facilities were constructed in and 
near the town of Stockton in the early 1870's. The Jacobs Smelter was 
located in the town of Stockton near the current location of the 
Stockton Yard. Contamination on OU3 is likely the result of sediments 
entrained in process water that was allowed to flow down-gradient 
across the rail road right of way as well as spillage from an ore-
loading facility that was built for the transportation of ores to other 
mills and smelters.
    The railroad property was cleaned up in 1999. UPRR, under an 
agreement with the EPA, removed all debris and large vegetation (bushes 
and trees), placed a 16-inch soil cover over the contaminated soils in 
their right-of-way, fertilized the soil cap, and seeded with a mixture 
of indigenous grass seed.
    Concrete foundations onsite were left in place. Following removal 
of vegetation from the site, a limited amount of grading was performed 
to smooth out uneven areas of the site. In general, soil surfaces were 
kept moist to reduce the potential for spreading contaminated soil and 
also to ease handling and placement of material.
    UPRR built 6' fences along the edge of Silver Avenue and Plaza 
Street. A 16-ft-wide gravel access road was also constructed along the 
length of the east and west sides of the railroad track between the 
railroad ballast and the soil cap. The road was developed using a 4-
inch layer of crushed rock.

C. Characterization of Risk

    Arsenic is a human carcinogen. Arsenic can be acutely and 
chronically poisonous and can be fatal if ingested or inhaled in 
sufficient quantities by humans, livestock and wildlife. Arsenic 
compounds are absorbed into the body primarily through inhalation or 
ingestion.
    Lead is a cumulative poison which can cause neurologic, kidney and 
blood cell damage in humans. Some lead compounds are also animal 
carcinogens adversely affecting the lungs and kidneys. Children under 
the age of seven years are especially sensitive to the effects of lead. 
Lead carbonate, which is the type of lead found at the site, is very 
bio-available. Bio-availability is an indication of how easily lead is 
absorbed into the body, thus lead at the site is readily absorbed.
    These metals are hazardous substances, as defined by section 101 
(14) of CERCLA. They appear to have been released into the soils along 
the railroad track by historic smelting activities and spread through 
the community by water drainage and possibly aerial deposition.
    Because arsenic contamination is found along the railroad track in 
areas that are surrounded by residences, there is also a potential for 
contaminated soil to be wind-blown and dust-sized particles to be 
transported by wind and human activities into yards and into homes. 
Also, children play along the tracks.
    UDEQ collected soil and sediment samples from the Stockton area in 
July of 1997. The analysis of samples from the area at and around 
Jacobs Smelter detected arsenic and lead levels as high as 6,550 parts 
per million (ppm) and 68,400 ppm respectively.
    Sampling on the UPRR property revealed high concentrations of lead 
in several lots east of the railroad tracks. Concentrations of lead 
ranged as high as 4,800 ppm near the edge of a suspected settling pond 
to 12,000 ppm near an area described as an old railroad loading dock.

D. Site Investigations

    In August 1998, EPA Region 8 conducted a screening investigation of 
site (OU3) surface soils to evaluate potential lead and arsenic 
contamination. This investigation identified lead in soils at 
concentrations ranging from 837 to 12,000 parts per million (ppm). Due 
to its collocation with the lead, an analysis for arsenic was also 
conducted and results appeared correlated. The PRP Removal Action 
Memorandum of February 2, 1999 identified both lead and arsenic as 
contaminants of concern.
    In February 1999 further investigation was conducted on the east 
side of the Stockton Yard railroad lines to delineate lead 
contamination. The site was broken up into 20 sampling zones; 2 to 4 
samples were collected within each zone and composited. Surface soil 
samples collected from the 20 zones ranged from 14 to 23,902 ppm total 
lead.
    On June 11, 1999 additional investigations of lead in surface soils 
on the west side of the railroad lines were conducted. This area was 
divided into 11 sample zones, using the same grid configuration as the 
earlier work. The samples were collected as 3- to 4-point composites in 
0-6'' intervals using the same protocol as outlined in the February 24, 
1999 Site Investigation and Remedial Alternatives Report. Total lead 
concentrations ranged from 164 to 1,958 ppm.
    The industrial action level set by the EPA was 1,200 ppm total 
lead. Based on sampling events, soils exceeding this 1,200-ppm cleanup 
level encompassed approximately 3.6 acres on the east side of the 
railroad tracks and approximately 0.70 acre on the west side of the 
tracks. In the February 1999 Site Investigation and Remedial 
Alternatives Report, cost estimates were presented for several remedial 
alternatives. Based on this information, EPA and UDEQ selected soil 
cover as the preferred alternative for the Stockton Yard.

E. Action Memorandum Findings

    The purpose of the Enforcement Action Memorandum was to document 
the selected PRP Removal Action. The selected response action was to 
confine the affected soil beneath a soil cover and to fence off the 
area to reduce access by the public. The objectives were to preclude 
direct exposures and to reduce the potential for offsite migration of 
affected soil through air or water borne pathways.

F. Response Actions

    Site preparation included the removal of large vegetation (e.g. 
bushes and trees) and debris (i.e. boulders, concrete chunks, trash) 
from the areas to be capped. Vegetation and debris were disposed of in 
the Tooele County Landfill. The concrete foundations remained on site.
    The UPRR developed a plan of action for soils in excess of 1,200 
ppm lead, including 3.6 acres on the east side and .70 on the west of 
the 9 acres in the right-of-way described in the agreement. That soil, 
adjacent to the track ballast, was compacted and capped with 12'' of 
clean soil (approximately 7,550 yards) and 4'' of top soil 
(approximately 2,300 yards). UPRR sowed the remediated area with a 
combination of wild rye, sagebrush and two grasses which were 
recommended for the local altitude and weather pattern. UPRR also built 
6' high chain link fences along the edge of Silver Avenue and Plaza 
Street.
    In agreement with the EPA and UDEQ, UPRR filed in Tooele County a 
Declaration of Restrictions that limits the future use of the site.

G. Cleanup Standards

    Cleanup standards for Operable Unit 3 were based on the IEUBK model 
data that showed elevated lead concentrations exceeded EPA's criteria. 
EPA and UDEQ selected soil cover as the preferred alternative for the 
Stockton Yard. The soil cap was placed over sections of the site that 
contained lead concentrations greater than 1,200 ppm.

H. Community Involvement

    EPA established an Information Repository containing the 
Administrative Record and other

[[Page 57161]]

information about the site at the Tooele City Public Library, 128 West 
Vine Street, Tooele, Utah. Public interviews were conducted, ties with 
local officials were established, and an avenue created to address 
local questions and concerns through the appointment of a Community 
Involvement Coordinator.
    Numerous community meetings were held to inform and invite public 
comment on site-wide remedies, and discussions included the cleanup of 
the UPRR right-of-way in January, March, May and June of 1999.
    Public participation activities have been satisfied as required in 
sections 113(k), and 117 of CERCLA, 42 U.S.C. 9613(k) and 9617. 
Documents in the deletion docket, which EPA relied on for 
recommendation of the partial deletion from the NPL, are available to 
the public in the information repositories.

V. Partial Deletion Action

    The EPA, with concurrence of the State of Utah, has determined that 
all appropriate responses under CERCLA for the referenced property have 
been completed and that no further response actions under CERCLA are 
necessary.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication. This action will 
be effective November 29, 2005 unless EPA receives adverse comments by 
October 31, 2005 on a parallel notice of intent to delete published in 
the ``Proposed Rules'' section of today's Federal Register. If adverse 
comments are received within the 30-day public comment period, EPA will 
publish a timely withdrawal of this direct final notice of partial 
deletion before the effective date of the deletion and it will not take 
effect. EPA will simultaneously prepare a response to comments and 
continue with the partial deletion process on the basis of the notice 
of intent to partially delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substance, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 21, 2005.
Robert E. Roberts,
Regional Administrator, Region 8.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
1. The authority citation for Part 300 continues to read as follows:

    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.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended by revising the entry 
under Utah for ``Jacobs Smelter'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1.--General Superfund Section
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               State                           Site name                  City/county             Notes (a)
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                                                  * * * * * * *
UT.................................  Jacobs Smelters.............  Tooele County...........  P.
 
                                                 * * * * * * *
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\a\ * * *
P = sites with partial deletion(s).

[FR Doc. 05-19626 Filed 9-29-05; 8:45 am]
BILLING CODE 6560-50-P