[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Proposed Rules]
[Pages 33276-33282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12969]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2003-0010; FRL-9818-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Omaha Lead Superfund
Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
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SUMMARY: The Environmental Protection Agency (EPA) Region 7 is issuing
a Notice of Intent to Delete the 1,154 parcels (of the Omaha Lead
Superfund Site (Site) located in the eastern part of the city of Omaha,
Nebraska, from the National Priorities List (NPL) and requests public
comments on this proposed action. The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The EPA and the State of Nebraska, through the
[[Page 33277]]
Nebraska Department of Environmental Quality (NDEQ), have determined
that all appropriate response actions under CERCLA and other lead
abatement activities at these identified parcels have been completed.
However, this deletion does not preclude future actions under
Superfund.
This partial deletion pertains to soils, dust and deteriorating
lead-based paint, where applicable, of the 1,154 residential parcels.
These types of properties include single and multi-family dwellings,
apartment complexes, child-care facilities, vacant lots in residential
areas, schools, churches, community centers, parks, greenways, and any
other areas where children may be exposed to site-related contaminated
media. A listing of the parcels by address can be found in Table 1 in
the deletion docket. Figure 1 also shows a map of the Omaha Lead site
and identifies the parcels proposed for deletion. Approximately 12,800
residential parcels and associated soil, dust and deteriorating lead-
based paint will remain on the NPL and is/are not being considered for
deletion as part of this action.
DATES: Comments must be received by July 5, 2013.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: [email protected] Fax: 913-551-7066
Mail: Environmental Protection Agency, 8600 NE Underground
Dr., Pillar 253,, Kansas City, Missouri 64161 Attention: Pauletta
France-Isetts, Superfund Division Hand delivery: 11201 Renner
Boulevard, Lenexa, Kansas 66219. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2003-0010. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket:
All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at:
EPA Region 7, 11201 Renner Boulevard., Lenexa, Kansas 66219 open
from 8 a.m. to 4 p.m.
EPA Public Information Center (north), 3040 Lake Street, Omaha, NE
68111 open from 8 a.m. to 4 p.m. call (402) 991-9583 to ensure staff
are available; EPA Public Information Center (south) 4909 S. 25th
Street, Omaha, NE 68107, open from 8 a.m. to 4 p.m. call (402) 731-3045
to ensure staff are available; W. Dale Clark Library, 215 S. 15th
Street; Omaha, NE 68102
FOR FURTHER INFORMATION CONTACT: Pauletta France-Isetts, Remedial
Project Manager, U.S. Environmental Protection Agency, Region 7,
Superfund Division, 8600 NE Underground Drive, Pillar 253, Kansas City,
Missouri 64161, (913)-339-8105, email: [email protected]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA Region 7 announces its intent to delete the 1,154 residential
parcel(s) (identified in Table 1 and Figure 1 of the deletion docket)
of the Omaha Lead Superfund Site (Site), from the National Priorities
List (NPL) and request public comment on this proposed action. The NPL
constitutes Appendix B of 40 CFR part 300, which is the Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as those sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). This partial deletion of the
Omaha Lead Superfund Site is proposed in accordance with 40 CFR
300.425(e) and is consistent with the Notice of Policy Change: Partial
Deletion of Sites Listed on the National Priorities List. 60 FR 55466
(Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a portion of
a site deleted from the NPL remains eligible for Fund-financed remedial
action if future conditions warrant such actions.
EPA will accept comments on the proposal to partially delete
portions of this site for thirty (30) days after publication of this
document in the Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the 1,154 residential parcel(s)
of the Omaha Lead Superfund Site and demonstrates how each activity
completed at the parcels meet the deletion criteria.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
i. responsible parties or other persons have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response
[[Page 33278]]
action by responsible parties is appropriate; or
iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
III. Deletion Procedures
The following procedures apply to deletion of [Enter description of
parcel(s)] of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent for Partial Deletion.
(2) EPA has provided the state 30 working days for review of this
notice prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
(4) The State of Nebraska, through the Nebraska Department of
Environmental Quality, has concurred with the deletion of the 1,154
parcel(s) identified in Table 1 and Figure 1of the Omaha Lead Superfund
Site, from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, Omaha World Herald and Nuestro Mundo. The
newspapers announce the 30-day public comment period concerning the
Notice of Intent for Partial Deletion of the Site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket and made these items available
for public inspection and copying at the Site information repositories
identified above.
If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the 1,154 parcel(s)
indentified in Table 1 and Figure 1. If necessary, EPA will prepare a
Responsiveness Summary to address any significant public comments
received. After the public comment period, if EPA determines it is
still appropriate to delete the 1,154 parcel(s) identified in Table 1
and Figure 1 of the Omaha Lead Superfund Site, the Regional
Administrator will publish a final Notice of Partial Deletion in the
Federal Register. Public notices, public submissions and copies of the
Responsiveness Summary, if prepared, will be made available to
interested parties and included in the site information repositories
listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion of a site from the NPL does not in any way alter
EPA's right to take enforcement actions, as appropriate. The NPL is
designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.
IV. Basis for Partial Site Deletion
The following information provides EPA's rationale for deleting the
1,154 residential property parcel(s) identified in Table 1 and Figure 1
of the Omaha Lead Superfund Site from the NPL:
Site Background and History
The Omaha Lead Site (OLS or Site [CERCLIS ID
NESFN0703481]) includes surface soils present at residential
properties, child-care centers, and other residential-type properties
in the city of Omaha, Douglas County, Nebraska, that have been
contaminated as a result of air emissions deposition from historic lead
smelting and refining operations. The OLS encompasses the eastern
portion of the greater metropolitan area in Omaha, Nebraska. The site
extends from the Douglas-Sarpy County line on the south, north to Read
Street and from the Missouri River on the east to 56th Street on the
west. The Site is centered around downtown Omaha, Nebraska, where two
former lead-processing facilities operated. American Smelting and
Refining Company, Inc. (ASARCO) operated a lead refinery at 500 Douglas
Street in Omaha, Nebraska, for over 125 years. Aaron Ferer & Sons
Company (Aaron Ferer), and later the Gould Electronics, Inc., (Gould)
operated lead battery recycling plant were located at 555 Farnam
Street.
Both ASARCO and Aaron Ferer/Gould facilities released lead-
containing particulates into the atmosphere from their smokestacks
which were deposited on surrounding residential properties. Douglas
County Health Department (DCHD) monitored ambient air quality around
the ASARCO facility beginning in 1984. This air monitoring routinely
measured ambient air lead concentrations in excess of the ambient air
standard.
The DCHD has compiled statistics on the results of blood lead
screening of children less than seven years of age for more than 25
years. Blood lead screening of children living in zip codes located
east of 45th Street have consistently exceeded the 10 microgram per
deciliter ([mu]g/dl) health-based threshold more frequently than
children living elsewhere in the county.
In 1998, the Omaha City Council requested assistance from the EPA
to address the high frequency of children found with elevated blood
lead levels by the DCHD. At that time, the EPA began investigating the
lead contamination in the Omaha area under the authority of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA).
The OLS includes those residential properties where the U.S.
Environmental Protection Agency (EPA) determines through soil sampling
that soil lead levels represent an unacceptable risk to human health.
Residential properties where soil sampling indicates that soil lead
concentrations are below a level that represent an unacceptable risk,
they are not considered part of the Site. Residential properties
include those with high accessibility to sensitive populations
(children seven years of age and younger [0 to 84 months] and pregnant
or nursing women). These types of properties include single and multi-
family dwellings, apartment complexes, child-care facilities, vacant
lots in residential areas, schools, churches, community centers, parks,
greenways, and any other areas where children may be exposed to site-
related contaminated media. Commercial and industrial properties are
also excluded from the defined Site. The EPA established a 27 square-
mile Final Focus Area to evaluate potentially impacted properties.
The OLS was proposed to be included on the National Priorities List
(NPL) on February 26, 2002 (67 FR 8836). The Site was listed on the NPL
on April 30, 2003 (68 FR 23094).
The residential properties proposed for partial deletion were
addressed under both removal and remedial authority. Regardless of the
authority used for the remediation of yards, the cleanup levels for
soils (developed using the IEUBK model) for all the properties proposed
for deletion are the same. The response decision documents and
activities will be discussed in the following sections.
Removal Activities
The EPA began sampling residential properties that were used to
provide licensed child-care services in March 1999. Due to the high
concentrations of lead detected in yard soils, the EPA initiated a
removal action to address lead-contaminated soils that exceed criteria
for a time-critical removal action in 1999. The removal response
involves the excavation and replacement of lead-
[[Page 33279]]
contaminated soil where action levels identified in the Action
Memorandum are exceeded. These response actions levels were:
A child seven years of age or younger (0 to 84 months)
residing at the property is identified with an elevated blood level
exceeding 10 [mu]g/dl and any non-foundation sample collected from the
property exceeds 400 ppm;
A property is a child-care facility, and any non-
foundation sample collected from the property exceeds 400 ppm; or
Any non-foundation sampled exceeds 1,200 ppm at any
residential or residential-type property.
A second removal action was initiated in August 2002 with the
signing of a second Action Memorandum. This second removal action
included all other residential type properties where the maximum non-
foundation soil lead concentration exceeded an action level of 2,500
ppm. The 2002 Action Memorandum explicitly identifies the possibility
of lead-based paint as a potential contributor to lead contamination of
soils within 30 inches of the foundation of a painted structure.
Because of the potential contribution of deteriorating lead-based paint
near the foundations of structures, the soil lead level in the drip
zone (areas near structure foundations) alone would not trigger soil
removal. However, if any mid-yard soil sample exceeded the action
level, soil from all areas of the property exceeding the 400 ppm
cleanup level would be removed and replaced, including drip zone soils
if they exceeded 400 ppm.
Properties determined to be eligible for response under either of
the Action Memoranda had soils with lead concentrations greater than
the cleanup level excavated and replaced with clean soil and disturbed
areas were revegetated. The action level, which triggered response for
typical residential properties under the second removal action, was
reduced to 1,200 ppm in November 2003. In 2005, the two removal actions
were combined into a single response. Throughout the implementation of
both removal actions, the lead cleanup level remained at 400 ppm.
Remedial Investigation/Feasibility Study
Thoughout the implementation of the removal action, lead levels in
residential soils were evaluated and actions were taken where action
levels were exceeded, per the removal Action memoranda. A Human Health
Risk Assessment was developed for the site using site-specific
information collected during the OLS Remedial Investigation. Lead was
identified in the risk assessment as the primary contaminant of
concern. Arsenic was also identified as a potential contaminant of
concern, but was eliminated after considering its relatively low
overall risk to residents and lack of connection to the release from
the industrial sources being addressed by this Superfund action.
The risk assessment for lead focused on young children under the
age of seven (0 to 84 months) who are site residents. Young children
are most susceptible to lead exposure because they have higher contact
rates with soil or dust, absorb lead more readily than adults, and are
more sensitive to the adverse effects of lead than are older children
and adults. The effect of greatest concern in children is impairment of
the nervous system, including learning deficits, lowered intelligence,
and adverse effects on behavior. The Integrated Exposure Uptake
Biokinetic (IEUBK) model for lead in children was used to evaluate the
risks posed to young children (0 to 84 months) as a result of the lead
contamination at the site. Because lead does not have a nationally-
approved reference dose (RfD), cancer slope factor, or other accepted
toxicological factor which can be used to assess risk, standard risk
assessment methods cannot be used to evaluate the health risks
associated with lead contamination. The modeling results determined
that there was an unacceptable risk to young children from exposure to
soils above 400 ppm.
In October 2008, EPA released a draft Final Remedial Investigation,
which presented results of all site investigations including soil
sampling performed at more than 35,000 residential properties. Based on
the 2008 data set, EPA established the Final Focus Area for the Site,
which defined the area of residential properties that are targeted for
sampling. This area is generally bounded by Read Street to the north,
56th Street to the west, Harrison Street (Sarpy County line) to the
south, and the Missouri River to the east, and encompasses 17,290 acres
(27.0 square miles).
Through completion of the OLS Final Remedial Investigation, soil
sampling had been completed at 37,076 residential properties, including
34,565 within the Final Focus Area's boundary. In total, 34.2 percent
of properties sampled through completion of the 2008 RI had at least
one mid-yard sample with a soil lead level exceeding 400 ppm. Based on
the data trends, the OLS Final Feasibility Study (FS) estimates that
soil lead levels will exceed 400 ppm at a total of 14,577 properties
when soil sampling is completed at all properties within the Final
Focus Area.
In addition to soil sampling, 159 residences were sampled during
the OLS Remedial Investigation for interior dust to support the OLS
Human Health Risk Assessment conducted by the EPA and the Nebraska
Health and Human Services System. The EPA recognizes that there may be
additional sources of lead exposure to residents at the site. These
other sources, which could include interior and exterior lead-based
paint and drinking water, are generally outside the scope of CERCLA
response authority. The focus of the EPA sampling efforts focused on
lead-contaminated surface soils related to historic industrial
emissions at the site, in accordance with procedures established in the
EPA Residential Sites Handbook. The handbook does allow for
characterization of potential sources of lead exposure in addition to
soil and interior dust. In accordance with the EPA Residential Sites
Handbook, the selected remedy in this ROD includes an expanded sampling
program to characterize other potential lead exposure sources in
addition to soil and interior dust.
Selected Remedy
As the soil cleanup under CERCLA removal authority was ongoing,
planning for continued response under CERCLA remedial authority was
proceeding. EPA organized the work remaining following completion of
CERCLA removal response into these two operable units:
Operable Unit 1: Response at high child impact properties
and the most highly contaminated OLS properties exceeding 800 ppm soil
lead.
Operable Unit 2: Response at remaining properties that
exceed risk-based soil lead levels established during final remedy
selection process.
For OU1, EPA selected an interim remedy on December 15, 2004. The
Remedial Action Objective was to reduce the risk of exposure of young
children to lead such that an individual child, or group of similarly
exposed children, have no greater than a 5 percent chance of having a
blood-lead concentration exceeding 10 [mu]g/dl. The selected remedy
included:
Excavation and replacement of soils at properties with
greatest human health risk
[cir] Excavation of soils exceeding 800 ppm at any residential-type
property
[cir] Excavation of soils exceeding 400 ppm in high child-impact
areas
[cir] Excavation of soils exceeding 400 ppm at properties with a
child exhibiting an elevated blood-lead level
[[Page 33280]]
Final management of excavated materials
Stabilization of loose and flaking exterior lead-based
paint
High efficiency interior cleaning
Participation in comprehensive program addressing all
potential lead sources
Health Education
The pre-established soil remediation level of 400 ppm was
determined to be the cleanup level for this interim remedial action. In
order to prevent the re-contamination of the clean soil placed in yards
after excavation, loose and flaking exterior lead-based paint that
threatens the continued protectiveness of the remedy at these
properties will be stabilized on affected structures prior to soil
excavation. Only those homes and other structures where lead-based
paint is visibly flaking and deteriorating will be addressed. At
residences where soil cleanup actions are conducted, sampling will be
performed to assess lead concentrations and loadings in interior dust.
Homes that exceed the EPA and HUD standards for lead in interior dust
will be eligible for a thorough interior cleaning using high-efficiency
equipment. Interior cleaning of affected residences will be provided,
in accordance with HUD procedures, on a voluntary basis for willing
residents, after the soil cleanup is completed in the yard.
For OU2, EPA selected a final site remedy on May 13. 2009. The
Remedial Action Objective is to reduce the risk of exposure of young
children to lead such that an individual child, or group of similarly
exposed children, have no greater than a 5 percent chance of having a
blood-lead concentration exceeding 10 [mu]g/dl.
The selected final remedy continues the ongoing remedial response
being implemented under the December 15, 2004, Interim ROD for the OLS
with the following modifications:
The final OLS soil lead action level was lowered to 400
ppm for all residential and residential-type properties. High child
impact properties continue to be prioritized for response.
Soil sampling will continue to determine eligibility for
remedial action at properties inside the Final Focus Area where
sampling has not been performed. Soil sampling, outside the focus area,
will be discontinued unless requested. Requests for soil sampling
outside the focus area will be considered by EPA and decisions made on
a case-by-case basis.
An institutional control involving the operation of a
local lead hazard registry containing information about the status of
EPA investigation and response and other lead hazards identified at
individual Omaha properties.
Participating residents at eligible properties will be
offered high-efficiency household vacuum equipment, training on the
maintenance and importance of proper usage, and education on mitigation
of household lead hazards. In addition, samples of interior dust are
collected and the results provided to the residents. Residents at
properties qualifying for soil remediation will be offered interior
dust response. The interior dust response is not mandatory and the
resident may choose to decline. Dust and interior floor wipe sampling
are performed when access is granted. The analytical data is provided
to the resident/tenant and informs them if HUD criteria are exceeded.
Follow-up efforts are conducted by the Douglas County Health Department
at any residence that has interior dust levels exceeding HUD criteria.
Response Actions
The initial EPA response was conducted under CERCLA removal
authority. In 2005, following issuance of the Interim Record of
Decision, the action level for removal response during the transitional
period was lowered to 800 ppm for consistency with the upcoming
remedial response.
Beginning with the construction season of 2005, the scope of the
EPA response was expanded under the 2004 Interim ROD to include: (1)
Stabilization of deteriorating exterior lead-based paint at properties
where the continued effectiveness of the soil remediation was
threatened, (2) response to interior dust at properties where interior
dust lead levels exceeded appropriate criteria, (3) public health
education, and (4) participation in a comprehensive remedy with other
agencies and organizations that addresses all identified lead hazards
in the Omaha community.
Excavation and Replacement of Soils
Excavation of soils was accomplished using lightweight excavation
equipment and hand tools the portions of the yard where the surface
soil exceeded 400 ppm lead. Excavation continued in all quadrants, play
zones, and drip zone areas exceeding 400 ppm lead until the residual
lead concentration measured at the exposed surface of the excavation
was less than 400 ppm in the initial foot, or less than 1,200 ppm at
depths greater than one foot. Typically, soil excavation depths were
between 6 and 10 inches in depth. Soils in garden areas were excavated
until reaching a residual concentration of less than 400 ppm in the
initial two feet from the original surface, or less than 1,200 ppm at
depths greater than two feet.
After confirmation sampling verified that cleanup goals were met,
the excavated areas were backfilled with clean soil to original grade
and sod was placed over the remediated areas.
EPA did not utilize soil from any protected Loess Hills area as
backfill for the OLS.
The contaminated soils removed from the remediated yards was
stockpiled at staging areas, sampled and then transported to an off-
site Subtitle D solid waste landfill for use as daily cover and/or
disposal.
Stabilization of Loose and Flaking Exterior Lead-Based Paints
The lead-based paint assessment protocol, presented in the Final
Lead-Based Paint Recontamination Study Report prepared for the OLS, was
used to determine eligibility for exterior lead-based paint
stabilization at those properties where soil lead concentrations exceed
400 ppm. At those properties where the exterior lead-based paint
assessment identified a threat from deteriorating paint to the
continued protectiveness of the soil remediation, the owner of the
property was offered stabilization of painted surfaces on structures
located on the property. Exterior lead-based paint stabilization is not
mandatory and was provided to those qualifying property owners who
choose to have their exterior paint stabilized. Lead -safe practices
identified in the EPA's Renovate, Repair and Painting Rule were
followed. Removal of loose and flaking lead-based paint was performed
using lead-safe practices, which includes wet scraping and collection
of paint chips using plastic sheeting. Scraped areas were primed and
all previously painted surfaces had two coats of paint applied.
Interior Dust Response
As part of the final remedy, residents at eligible properties are
given the opportunity to have interior dust sampled. Upon agreement,
the residents are given a high-efficiency household vacuum cleaner,
training on the maintenance and the importance of proper usage of the
vacuum, and education on mitigation of household lead hazards. In
addition, samples of interior dust are collected and analyzed for lead.
The resident/tenant is provided the analytical results. The letter
transmitting the data also indicates whether the interior dust
collected has lead above the HUD criteria.
[[Page 33281]]
The Douglas County Health Department provides the training and
education regarding the need to mitigate interior dust. Interior dust
response is offered to all residents with a qualifying property (soil
lead concentrations greater than 400 parts per million). The resident
does not have to agree and participation in the dust response is
voluntary by the residents. At properties where soil remediation has
been conducted, interior floor wipe sampling indicates that, typically,
HUD criteria are not exceeded.
Exterior lead-based paint stabilization and interior dust response
were provided retroactively to properties where soil cleanups have been
performed under CERCLA removal authority, as well as to properties
addressed under CERCLA remedial authority.
Participation in Comprehensive Program to Address Potential Lead
Sources
There are a number of identified lead hazards within the OLS, not
all of which are connected to the contaminant source of OLS. In order
to better address all potential lead sources within the OLS, a health
education program was developed and continues to be implemented to
raise awareness and mitigate exposure. An active educational program
continues in cooperation with agencies and organizations that includes
ATSDR, NDHHS, DCHD, local non-governmental organizations, and other
interested parties throughout the duration of the EPA remedial action.
Health Education
The following, although not an exhaustive list, indicate the types
of educational activities provided at the Site:
Support for in-home assessments for children identified
with elevated blood lead levels.
Development and implementation of lead poisoning
prevention curriculum in schools.
Support for efforts to increase community-wide blood lead
monitoring.
Physicians' education for diagnosis, treatment, and
surveillance of lead exposure.
Operation of EPA Public Information Centers to distribute
information and respond to questions about the EPA response activities
and lead hazards in the community.
Use of mass media (television, radio, internet, print
media, etc.) to distribute health education messages.
Development and distribution of informational tools such as fact
sheets, brochures, refrigerator magnets, etc., to inform the public
about lead hazards and measures that can be taken to avoid or eliminate
exposure.
Institutional Controls
The lead hazard registry, identified as the Omaha Lead Education
and Discussion (Omaha LEAD), provides interested parties with on-line
access to lead hazard information at individual properties, including
the status of EPA investigations and response actions and other lead
hazard information including HUD-funded lead hazard control and
abatement activities. Information available through the lead hazard
registry includes initial soil lead sampling results from individual
quadrants and residual soil lead levels remaining at properties
following soil remediation. EPA notifies residents and property owners
about the information that is available through the lead hazard
registry as part of the transmittal sent at the completion of soil
remediation at individual properties. Residents and property owners
will receive a second notification when the lead hazard registry is
complete and operational at the conclusion of the OLS remedial action.
The final notification will describe information available through the
lead hazard registry and again advise property owners that records of
potential lead hazards received from EPA should be retained for
compliance with state and Federal disclosure requirements.
After the issuance of the 2009 Final ROD, response efforts
identified as Operable Unit 2 began. Operable Unit 2 work efforts began
with the 2009 construction season and included all remaining remedial
response work at the OLS. All work remaining under Operable Unit 1 not
completed was performed under Operable Unit 2. Properties identified
with time-critical conditions, including residences with elevated
blood-lead levels in children and high child-impact areas, continue to
receive prioritized response during the final remedy implemented under
Operable Unit 2.
The precise scope of work remaining to be completed at the OLS site
(under OU1 and OU2) is not known with certainty since sampling has not
been completed to determine eligibility for soil remediation, exterior
lead-based paint stabilization, and interior dust response. However,
those properties not addressed to date are not part of this partial
deletion.
Information on activities completed at each property can be found
in the deletion docket and at the Omaha Lead Education and Discussion
(``OmahaLEAD'') Web site. Omaha LEAD is a Geographic Information
Systems (``GIS'')-based Web site (www.omahalead.org) that increases the
public's awareness of lead hazards and acts of a as a virtual library
of lead hazard mitigation activities, including activities conducted by
private property owners, the City of Omaha, and the US EPA. The Web
site is operational.
Cleanup Goals
Final cleanup levels for lead in residential soil at Superfund
sites generally are based on a consideration of the PRG derived by the
IEUBK model results, taking the uncertainty in the value into account,
and also considering the nine criteria in accordance with the CERCLA
regulations contained in the National Contingency Plan (NCP). Under
most circumstances, EPA selects a residential soil lead cleanup level
that is within the range of 400 ppm to 1,200 ppm. EPA selected a soil
action level for lead in residential soils at the site of 400 ppm.
For lead contamination that may be addressed under CERCLA, these
cleanup levels allow for unrestricted use. Therefore, operation and
maintenance, institutional controls and five-year reviews are not
required for these parcels.
Community Involvement
EPA has worked extensively with the Omaha community through a
variety of communication vehicles, including but not limited to local
speaking engagements, participation in citizens' groups and city
council meetings, local public access television, public service
announcements on local cable television, coverage on radio and
television and in local and national newspapers, mass mailings of
informational materials, public outreach by telephone, by conducting
public meetings, and through the EPA Web site.
EPA has been performing outreach to Omaha citizens, elected
officials, school officials, health officials, the media, nonprofit
groups, and others since becoming involved in the project in 1998 in an
effort to convey information about the hazards of lead poisoning,
particularly how lead affects the health of children. The EPA has
participated in numerous formal and informal meetings to explain EPA's
role and commitment in Omaha, convey information about the Superfund
process, and provide general information about the site and lead
contamination. EPA responds to inquiries on a daily basis regarding the
site and individual property owner's sampling results.
[[Page 33282]]
In January 2004, a Community Advisory Group (CAG) was formed for
the site. A CAG is a committee, task force, or board made up of
residents affected by a Superfund site. They provided a public forum
where representatives of diverse community interests can present and
discuss their needs and concerns related to the site and the cleanup
process. The last CAG meeting was held in October 2011. A new group,
Child Lead Poisoning Prevention Group, formed. The first meeting of the
Child Lead Poisoning Group was held at City Hall in May 2012. The
purpose of the new group remains the same.
Determination That the Criteria for Deletion Have Been Met
In accordance with 40 CFR 300.425(e), Region 7 of the EPA finds
that the 1,154 residential parcels of the Omaha Lead site (the subject
of this deletion) meet the substantive criteria for partial NPL
deletions. EPA has consulted with and has the concurrence of the State
of Nebraska. All responsible parties or other persons have implemented
all appropriate response actions required. All appropriate Fund-
financed response under CERCLA has been implemented, and no further
response action by responsible parties is appropriate.
List of Subjects in 40 CFR Part 300
Environmental protection, Hazardous substances, Intergovernmental
relations, Superfund.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757,3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Dated: May 16, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013-12969 Filed 6-3-13; 8:45 am]
BILLING CODE 6560-50-P