81_FR_65499 81 FR 65315 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site

81 FR 65315 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 184 (September 22, 2016)

Page Range65315-65319
FR Document2016-22877

The U.S. Environmental Protection Agency (EPA) Region 7 is issuing a Notice of Intent to Delete 294 residential parcels of the Omaha Lead, Superfund Site (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 (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 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 Superfund. This partial deletion pertains to 294 residential parcels. The remaining parcels will remain on the NPL and are not being considered for deletion as part of this action.

Federal Register, Volume 81 Issue 184 (Thursday, September 22, 2016)
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Proposed Rules]
[Pages 65315-65319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22877]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9952-80-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.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 7 is 
issuing a Notice of Intent to Delete 294 residential parcels of the 
Omaha Lead, Superfund Site (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 
(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 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 Superfund.
    This partial deletion pertains to 294 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 October 24, 2016.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by one of the following methods: http://www.regulations.gov; by email to [email protected] or 
[email protected]; or by mail to U.S. Environmental Protection 
Agency Region 7, 11201 Renner Boulevard, Lenexa, KS 66219 Attention: 
Steve Kemp, SUPR Division or Tamara Freeman, ECO Office. For comments 
submitted to Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For any manner of submission, 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, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For 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.
    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-by-case basis. 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 the 
Region 7 Records Center/docket at 11201 Renner Boulevard, Lenexa, 
Kansas 66219. 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: Steve Kemp, Remedial Project Manager, 
U.S. Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 Renner 
Boulevard, Lenexa, KS 66219, telephone (913) 551-7194, email: 
[email protected].

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 294 residential parcels of the 
Omaha

[[Page 65316]]

Lead Superfund site (Site), from the National Priorities List (NPL) and 
is requesting public comment on this proposed action. The table of 294 
Properties Proposed for the Second Partial Deletion of Properties from 
the Omaha Lead Superfund site 2016 (EPA-HQ-SFUND-2003-0010-1849) 
identifies specific properties included for this proposed partial 
deletion. The location of the 294 properties are shown on Figure 1 
``2016 Partial Deletion Omaha Lead Site'' (EPA-HQ-SFUND-2003-0010-
1848). 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 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 (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 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 294 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.

III. Deletion Procedures

    The following procedures apply to deletion of the 294 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 
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 294 
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 accordingly to the comments 
before making a final decision to delete the 294 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 294 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 Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
294 residential parcels of the Omaha Lead Superfund site from the NPL, 
as previously identified.

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. 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. (ASARCO) operated a lead refinery at 500 Douglas Street in Omaha, 
Nebraska, for over 120 years. Aaron Ferer & Sons Company (Aaron Ferer), 
and later Gould Electronics, Inc., (Gould) 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 (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 have consistently

[[Page 65317]]

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 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 Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). On 
April 30, 2003, the OLS was listed on the NPL (68 FR 23094).
    The OLS includes those residential properties where EPA determines 
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 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 clean 
up. 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 2500 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 (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 
(EBL) exceeding 15 [mu]g/dl (this EBL was reduced to 10 [mu]g/dl in 
August 2001) and a soil sample collected from a non-foundation quadrant 
exhibited lead concentrations greater than 400 mg/kg, and
     A property was used as a child-care 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 mid-yard 
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 1200 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 
(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 absorb, 
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

[[Page 65318]]

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 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 (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 [mu]g/dl. The selected 
remedy include 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 off-site 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 exceed 
400 mg/kg. At those properties where the exterior lead-based 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 Douglas County Health Department 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 Douglas County Health 
Department 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 
(NDHHS), DCHD, local non-governmental organizations, and other 
interested parties throughout the duration of the remedial action. 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.

[[Page 65319]]

Institutional Controls
    The Omaha Lead Registry, (available at www.omahalead.org) is a 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 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 
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 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 (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 has not been completed at all of the 
properties within the site boundary. However, clean up activities at 
the 294 residential parcels included in this partial deletion action 
are complete and protective of human health.
    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 Douglas County Health 
Department 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 (LBP) and determined 6,782 properties qualified for LBP 
stabilization. The EPA has 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 
Douglas County Health Department 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 294 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.

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(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: September 12, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016-22877 Filed 9-21-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Proposed Rules                                            65315

                                               substantial number of small entities                    ENVIRONMENTAL PROTECTION                              Confidential Business Information (CBI)
                                               under the Regulatory Flexibility Act (5                 AGENCY                                                or other information whose disclosure is
                                               U.S.C. 601 et seq.);                                                                                          restricted by statute. Multimedia
                                                                                                       40 CFR Part 300                                       submissions (audio, video, etc.) must be
                                                  • does not contain any unfunded
                                               mandate or significantly or uniquely                    [EPA–HQ–SFUND–2003–0010; FRL–9952–                    accompanied by a written comment.
                                                                                                       80–Region 7]                                          The written comment is considered the
                                               affect small governments, as described
                                                                                                                                                             official comment and should include
                                               in the Unfunded Mandates Reform Act                     National Oil and Hazardous                            discussion of all points you wish to
                                               of 1995 (Pub. L. 104–4);                                Substances Pollution Contingency                      make. The EPA will generally not
                                                  • does not have Federalism                           Plan; National Priorities List: Partial               consider comments or comment
                                               implications as specified in Executive                  Deletion of the Omaha Lead Superfund                  contents located outside of the primary
                                               Order 13132 (64 FR 43255, August 10,                    Site                                                  submission (i.e. on the web, cloud, or
                                               1999);                                                                                                        other file sharing system). For
                                                                                                       AGENCY:  Environmental Protection
                                                  • is not an economically significant                 Agency (EPA).                                         additional submission methods, please
                                               regulatory action based on health or                                                                          contact the person identified in the FOR
                                                                                                       ACTION: Proposed rule; notice of intent.
                                                                                                                                                             FURTHER INFORMATION CONTACT section.
                                               safety risks subject to Executive Order
                                               13045 (62 FR 19885, April 23, 1997);                    SUMMARY:    The U.S. Environmental                    For the full EPA public comment policy,
                                                                                                       Protection Agency (EPA) Region 7 is                   information about CBI or multimedia
                                                  • is not a significant regulatory action             issuing a Notice of Intent to Delete 294              submissions, and general guidance on
                                               subject to Executive Order 13211 (66 FR                 residential parcels of the Omaha Lead,                making effective comments, please visit
                                               28355, May 22, 2001);                                   Superfund Site (Site) located in Omaha,               http://www2.epa.gov/dockets/
                                                  • is not subject to requirements of                  Nebraska, from the National Priorities                commenting-epa-dockets.
                                               Section 12(d) of the National                           List (NPL) and requests public                           The docket contains the information
                                               Technology Transfer and Advancement                     comments on this proposed action. The                 that was the basis for the partial
                                               Act of 1995 (15 U.S.C. 272 note) because                NPL, promulgated pursuant to section                  deletion, specifically the documentation
                                               application of those requirements would                 105 of the Comprehensive                              regarding the results of soil cleanup
                                                                                                       Environmental Response,                               activities. Information regarding the
                                               be inconsistent with the CAA; and
                                                                                                       Compensation, and Liability Act                       optional voluntary cleanup activities
                                                  • does not provide EPA with the                      (CERCLA) of 1980, as amended, is an                   such as the lead-based paint
                                               discretionary authority to address, as                  appendix of the National Oil and                      stabilization and interior dust sampling
                                               appropriate, disproportionate human                     Hazardous Substances Pollution                        is not provided in the docket but is
                                               health or environmental effects, using                  Contingency Plan (NCP). The EPA and                   available from EPA on a case-by-case
                                               practicable and legally permissible                     the State of Nebraska, through the                    basis. Certain other material, such as
                                               methods, under Executive Order 12898                    Nebraska Department of Environmental                  copyrighted material, will be publicly
                                               (59 FR 7629, February 16, 1994).                        Quality, determined that all appropriate              available only in the hard copy. Publicly
                                                  The SIP is not approved to apply on                  Response actions under CERCLA were                    available docket materials are available
                                               any Indian reservation land or in any                   completed at the identified parcels.                  either electronically in http://
                                               other area where EPA or an Indian tribe                 However, this deletion does not                       www.regulations.gov or in hard copy at
                                                                                                       preclude future actions under                         the Region 7 Records Center/docket at
                                               has demonstrated that a tribe has
                                                                                                       Superfund.                                            11201 Renner Boulevard, Lenexa,
                                               jurisdiction. In those areas of Indian
                                                                                                          This partial deletion pertains to 294              Kansas 66219. The Omaha public
                                               country, the rule does not have tribal
                                                                                                       residential parcels. The remaining                    libraries also have computer resources
                                               implications as specified by Executive                                                                        available to assist the public. The W.
                                                                                                       parcels will remain on the NPL and are
                                               Order 13175 (65 FR 67249, November 9,                   not being considered for deletion as part             Dale Clark Library, located at 215 S.
                                               2000), nor will it impose substantial                   of this action.                                       15th Street, Omaha, NE 68102 is
                                               direct costs on tribal governments or                                                                         centrally located within the site
                                                                                                       DATES: Comments must be received on
                                               preempt tribal law.                                     or before October 24, 2016.                           boundary.
                                               List of Subjects in 40 CFR Part 52                      ADDRESSES: Submit your comments,                      FOR FURTHER INFORMATION CONTACT:
                                                                                                       identified by Docket ID no. EPA–HQ–                   Steve Kemp, Remedial Project Manager,
                                                 Environmental protection, Air                         SFUND–2003–0010, by one of the                        U.S. Environmental Protection Agency,
                                               pollution control, Carbon monoxide,                     following methods: http://                            Region 7, SUPR/LMSE, 11201 Renner
                                               Incorporation by reference,                             www.regulations.gov; by email to                      Boulevard, Lenexa, KS 66219, telephone
                                               Intergovernmental relations, Lead,                      kemp.steve@epa.gov or                                 (913) 551–7194, email: kemp.steve@
                                               Nitrogen dioxide, Ozone, Particulate                    freeman.tamara@epa.gov; or by mail to                 epa.gov.
                                               matter, Reporting and recordkeeping                     U.S. Environmental Protection Agency                  SUPPLEMENTARY INFORMATION:
                                               requirements, Sulfur oxides, Volatile                   Region 7, 11201 Renner Boulevard,                     Throughout this document ‘‘we,’’ ‘‘us,’’
                                               organic compounds.                                      Lenexa, KS 66219 Attention: Steve                     or ‘‘our’’ refer to EPA. This section
                                                  Authority: 42 U.S.C. 7401 et seq.
                                                                                                       Kemp, SUPR Division or Tamara                         provides additional information by
                                                                                                       Freeman, ECO Office. For comments                     addressing the following:
                                                 Dated: September 13, 2016.                            submitted to Regulations.gov, follow the
                                                                                                       online instructions for submitting                    I. Introduction
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                                               V. Anne Heard,
                                                                                                                                                             II. NPL Deletion Criteria
                                               Acting Regional Administrator, Region 4.                comments. Once submitted, comments                    III. Deletion Procedures
                                               [FR Doc. 2016–22761 Filed 9–21–16; 8:45 am]             cannot be edited or removed from                      IV. Background and Basis for Intended Partial
                                               BILLING CODE 6560–50–P
                                                                                                       Regulations.gov. For any manner of                          Site Deletion
                                                                                                       submission, the EPA may publish any
                                                                                                       comment received to its public docket.                I. Introduction
                                                                                                       Do not submit electronically any                         EPA Region 7 is proposing to delete
                                                                                                       information you consider to be                        294 residential parcels of the Omaha


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                                               65316              Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Proposed Rules

                                               Lead Superfund site (Site), from the                    implemented, and no further response                  site from the NPL does not in any way
                                               National Priorities List (NPL) and is                   action by responsible parties is                      alter EPA’s right to take enforcement
                                               requesting public comment on this                       appropriate; or                                       actions, as appropriate. The NPL is
                                               proposed action. The table of 294                         iii. the remedial investigation has                 designed primarily for informational
                                               Properties Proposed for the Second                      shown that the release poses no                       purposes and to assist EPA
                                               Partial Deletion of Properties from the                 significant threat to public health or the            management. Section 300.425(e)(3) of
                                               Omaha Lead Superfund site 2016 (EPA–                    environment and, therefore, the taking                the NCP states that the deletion of a site
                                               HQ–SFUND–2003–0010–1849)                                of remedial measures is not appropriate.              from the NPL does not preclude
                                               identifies specific properties included                                                                       eligibility for future response actions,
                                                                                                       III. Deletion Procedures
                                               for this proposed partial deletion. The                                                                       should future conditions warrant such
                                               location of the 294 properties are shown                   The following procedures apply to                  actions.
                                               on Figure 1 ‘‘2016 Partial Deletion                     deletion of the 294 residential parcels of
                                                                                                       the Site:                                             IV. Background and Basis for Partial
                                               Omaha Lead Site’’ (EPA–HQ–SFUND–
                                                                                                          (1) EPA consulted with the State                   Site Deletion
                                               2003–0010–1848). The NPL constitutes
                                               appendix B of 40 CFR part 300, which                    before developing this Notice of Intent                 The following information provides
                                               is the National Oil and Hazardous                       for Partial Deletion.                                 EPA’s rationale for deleting the 294
                                               Substances Pollution Contingency Plan                      (2) EPA has provided the state 30                  residential parcels of the Omaha Lead
                                               (NCP), which EPA promulgated                            working days for review of this notice                Superfund site from the NPL, as
                                               pursuant to section 105 of the                          prior to publication of it today.                     previously identified.
                                               Comprehensive Environmental                                (3) In accordance with the criteria
                                                                                                       discussed above, EPA has determined                   Site Background and History
                                               Response, Compensation and Liability
                                               Act (CERCLA) of 1980, as amended.                       that no further response is appropriate.                The Omaha Lead Site (OLS or Site
                                               EPA maintains the NPL as those sites                       (4) The State of Nebraska, through the             [CERCLIS ID #NESFN0703481])
                                               that appear to present a significant risk               Nebraska Department of Environmental                  includes surface soils present at
                                               to public health, welfare, or the                       Quality, has concurred with the deletion              residential properties, child-care
                                               environment. Sites on the NPL may be                    of the 294 residential parcels of the                 centers, and other residential-type
                                               the subject of remedial actions financed                Omaha Lead Superfund site, from the                   properties in the city of Omaha, Douglas
                                               by the Hazardous Substance Superfund                    NPL.                                                  County, Nebraska. The properties were
                                               (Fund). This partial deletion of the                       (5) Concurrently, with the publication             contaminated as a result of deposition of
                                               Omaha Lead Superfund site is proposed                   of this Notice of Intent for Partial                  aerial emissions from historic lead
                                               in accordance with 40 CFR 300.425(e)                    Deletion in the Federal Register, a                   smelting and refining operations. The
                                               and is consistent with the Notice of                    notice is being published in a major                  OLS encompasses the eastern portion of
                                               Policy Change: Partial Deletion of Sites                local newspaper, Omaha World Herald.                  the greater metropolitan area in Omaha,
                                               Listed on the National Priorities List. 60              The newspaper announces the 30-day                    Nebraska. The site extends from the
                                               FR 55466 (November 1, 1995). As                         public comment period concerning the                  Douglas-Sarpy County line on the south,
                                               described in 300.425(e)(3) of the NCP, a                Notice of Intent for Partial Deletion of              north to Read Street and from the
                                               portion of a site deleted from the NPL                  the Site from the NPL.                                Missouri River on the east to 56th Street
                                               remains eligible for Fund-financed                         (6) The EPA placed copies of                       on the west. The Site is centered around
                                                                                                       documents supporting the proposed                     downtown Omaha, Nebraska, where two
                                               remedial action if future conditions
                                                                                                       partial deletion in the deletion docket,              former lead-processing facilities
                                               warrant such actions.
                                                  EPA will accept comments on the                      and made these items available for                    operated. American Smelting and
                                               proposal to partially delete this site for              public inspection and copying at the                  Refining Company, Inc. (ASARCO)
                                               thirty (30) days after publication of this              Site information repositories identified              operated a lead refinery at 500 Douglas
                                               document in the Federal Register.                       above.                                                Street in Omaha, Nebraska, for over 120
                                                  Section II of this document explains                    If comments are received within the                years. Aaron Ferer & Sons Company
                                               the criteria for deleting sites from the                30-day comment period on this                         (Aaron Ferer), and later Gould
                                               NPL. Section III discusses procedures                   document, EPA will evaluate and                       Electronics, Inc., (Gould) operated a
                                               that EPA is using for this action. Section              respond accordingly to the comments                   lead battery recycling plant located at
                                               IV discusses the 294 residential parcels                before making a final decision to delete              555 Farnam Street. Both ASARCO and
                                               of the Omaha Lead Superfund Site and                    the 294 residential parcels. If necessary,            Aaron Ferer/Gould facilities released
                                               demonstrates how they meet the                          EPA will prepare a Responsiveness                     lead-containing particulates into the
                                               deletion criteria.                                      Summary to address any significant                    atmosphere from their smokestacks. The
                                                                                                       public comments received. After the                   lead particles were subsequently
                                               II. NPL Deletion Criteria                               public comment period, if EPA                         deposited on surrounding residential
                                                  The NCP establishes the criteria that                determines it is still appropriate to                 properties.
                                               EPA uses to delete sites from the NPL.                  delete the 294 residential parcels of the               Beginning in 1984, the Douglas
                                               In accordance with 40 CFR 300.425(e),                   Omaha Lead Superfund site, the                        County Health Department (DCHD)
                                               sites may be deleted from the NPL                       Regional Administrator will publish a                 monitored ambient air quality around
                                               where no further response is                            final Notice of Partial Deletion in the               the ASARCO facility. This air
                                               appropriate. In making such a                           Federal Register. Public notices, public              monitoring routinely measured ambient
                                               determination pursuant to 40 CFR                        submissions and copies of the                         air lead concentrations in excess of the
                                                                                                                                                             ambient air standard. Between 1972 and
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                                               300.425(e), EPA will consider, in                       Responsiveness Summary, if prepared,
                                               consultation with the State, whether any                will be made available to interested                  1998 the DCHD measured the blood lead
                                               of the following criteria have been met:                parties and included in the site                      level in children within the county. The
                                                  i. Responsible parties or other persons              information repositories listed above.                results of the measurements indicated a
                                               have implemented all appropriate                           Deletion of a portion of a site from the           high incidence of elevated blood lead
                                               response actions required;                              NPL does not itself create, alter, or                 level in children. Blood lead screening
                                                  ii. all appropriate Fund-financed                    revoke any individual’s rights or                     of children living in zip codes located
                                               response under CERCLA has been                          obligations. Deletion of a portion of a               east of 45th Street have consistently


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                                                                  Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Proposed Rules                                          65317

                                               exceeded the 10 microgram per deciliter                 which the lead is cleaned up at each                     At properties determined to be
                                               (mg/dl) health-based threshold more                     property within the site. The cleanup                 eligible for response under either of the
                                               frequently than children living                         level for the OLS is 400 mg/kg of lead                Action Memoranda soil with lead
                                               elsewhere in the county.                                in the soil. The cleanup level of 400 mg/             concentrations greater than the cleanup
                                                  In 1998, the Omaha City Council                      kg was selected to allow for unlimited                level was excavated and replaced with
                                               requested assistance from the EPA to                    use and unrestricted exposure. The                    clean soil and the excavated areas were
                                               address the high incidence of children                  cleanup level has not changed, and all                revegetated.
                                               found with elevated blood lead levels by                properties, regardless of the action level,              Beginning with the construction
                                               the DCHD. In 1999, the EPA initiated an                 were cleaned up to 400 mg/kg.                         season of 2005, the scope of the removal
                                               investigation into the lead                                                                                   action was expanded to address the
                                               contamination under the authority of                    Removal Activities                                    requirements of the 2004 Interim ROD
                                               Comprehensive Environmental                                Beginning in March 1999, the EPA                   to include: (1) Stabilization of
                                               Response, Compensation, and Liability                   began collecting soil samples from                    deteriorating exterior lead-based paint at
                                               Act (CERCLA). On April 30, 2003, the                    properties that provided licensed child               properties where the continued
                                               OLS was listed on the NPL (68 FR                        daycare services. The initial removal                 effectiveness of the soil remediation was
                                               23094).                                                 action dated August 2, 1999, consisted                threatened; (2) response to interior dust
                                                  The OLS includes those residential                   of excavation and replacement of                      at properties where interior dust lead
                                               properties where EPA determines                         contaminated soil where the lead                      levels exceeded applicable criteria; (3)
                                               through soil sampling that soil lead                    concentration exceeded the action levels              public health education; and (4)
                                               levels represent an unacceptable risk to                identified in the Action Memorandum.                  participation in a comprehensive
                                               human health. Residential properties                    Response actions were implemented at                  remedy with other agencies and
                                               where soil sampling indicates that lead                 properties that met either of the                     organizations that addresses all
                                               concentrations in the soil are below a                  following criteria:                                   identified lead hazards in the Omaha
                                               level that represent an unacceptable risk                  • A child seven years of age or                    community.
                                               are not included in the Site. Residential               younger (0 to 84 months) residing at the
                                               properties include those with high                      property was identified with an elevated              Remedial Investigation/Feasibility
                                               accessibility to sensitive populations                  blood level (EBL) exceeding 15 mg/dl                  Study (RI/FS)—Human Health Risk
                                               (children seven years of age and                        (this EBL was reduced to 10 mg/dl in                  Assessment
                                               younger [0 to 84 months] and pregnant                   August 2001) and a soil sample                           As part of the RI/FS EPA developed
                                               or nursing women). The properties                       collected from a non-foundation                       a Human Health Risk Assessment
                                               include single and multi-family                         quadrant exhibited lead concentrations                (HHRA) for the Site using site-specific
                                               dwellings, apartment complexes, child                   greater than 400 mg/kg, and                           information collected during the OLS
                                               daycare facilities, vacant lots in                         • A property was used as a child-care              Remedial Investigation. Lead was
                                               residential areas, schools, churches,                   facility and a soil sample collected from             identified as the primary contaminant of
                                               community centers, parks, greenways,                    a non-foundation quadrant exhibited                   concern. The HHRA also identified
                                               and any other areas where children may                  a lead concentration greater than 400                 arsenic as a potential contaminant of
                                               be exposed to site-related contaminated                 mg/kg.                                                concern, but arsenic was eliminated
                                               media. Commercial and industrial                           On August 22, 2002, EPA initiated a                based on its relatively low overall risk
                                               properties are excluded from the                        second removal action. This second                    to residents and lack of connection to
                                               definition of the Site.                                 removal action included all other                     the release from the industrial sources
                                                  The residential properties proposed                  residential type properties where the                 being addressed by this Superfund
                                               for deletion from the NPL site were                     maximum non-foundation soil lead                      action.
                                               cleaned up under both CERCLA removal                    concentration exceeded an action level                   The risk assessment for lead focused
                                               and remedial authority. Regardless of                   of 2,500 mg/kg. The 2002 Action                       on young children under the age of
                                               the authority used for the remediation of               Memorandum explicitly identifies the                  seven (0 to 84 months) who are site
                                               yards, the cleanup levels for soils for all             possibility of lead-based paint as a                  residents. Young children are most
                                               the properties proposed for deletion                    potential contributor to lead                         susceptible to lead exposure because
                                               were the same.                                          contamination of soils within thirty                  they have higher contact rates with soil
                                                                                                       inches of the foundation of a painted                 or dust, absorb lead more readily than
                                               Response Actions                                        structure. Due to the potential                       adults absorb, and are more sensitive to
                                                  The initial EPA response was                         contribution of deteriorating lead-based              the adverse effects of lead than are older
                                               conducted under CERCLA removal                          paint near the foundations of structures,             children and adults. The effect of
                                               authority. Due to the size of the site and              a lead concentration greater than 400                 greatest concern in children is
                                               the very large number of individual                     mg/kg in the soil in the drip zone (areas             impairment of the nervous system,
                                               properties, it was necessary to prioritize              near structure foundations) was not, in               including learning deficits, reduced
                                               sites for clean up. The prioritization was              itself, sufficient to trigger soil removal.           intelligence, and adverse effects on
                                               based on factors such as the elevated                   However, if a soil sample from any mid-               behavior. The IEUBK model for lead in
                                               blood level of children at each property                yard quadrant exceeded the action level,              children was used to evaluate the risks
                                               and the lead concentration in the soil at               soil was removed from all areas of the                posed to young children (0 to 84
                                               each property. The result was a series of               property exceeding the 400 mg/kg                      months) resulting from the lead
                                               action levels that reflected the priority               cleanup level, including the drip zone.               contamination at the site. Because lead
                                               of categories of sites. Consequently, the               In November 2003, EPA amended the                     does not have a nationally-approved
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                                               action level for the site changed over                  second removal action to reduce the                   reference dose (RfD), cancer slope
                                               time from 2500 mg/kg to 400 mg/kg, as                   action level to 1,200 mg/kg. In March                 factor, or other accepted toxicological
                                               the highest priority sites were cleaned                 2004, EPA amended the second removal                  factor which can be used to assess risk,
                                               up first. The cleanup level was                         action to combine the two removal                     standard risk assessment methods
                                               established using the Integrated                        actions. In March 2005, EPA amended                   cannot be used to evaluate the health
                                               Exposure Uptake Biokinetic (IEUBK)                      the removal action to reduce the action               risks associated with lead
                                               model to determine the concentration to                 level from 1200 mg/kg to 800 mg/kg.                   contamination. The modeling results


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                                               65318              Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Proposed Rules

                                               determined that there was an                            excavation depths were between six and                the HUD criteria. For those residences
                                               unacceptable risk to young children                     ten inches in depth. Soils in garden                  that qualify and where the resident
                                               from exposure to soils above 400 mg/kg.                 areas were excavated until reaching a                 agrees, the residents are provided with
                                                  In October 2008, EPA released a draft                residual concentration of less than 400               a high-efficiency household vacuum
                                               Final Remedial Investigation. Based on                  mg/kg in the upper two feet measured                  cleaner, training on the maintenance
                                               the 2008 data set, EPA established the                  from the original surface, or less than               and the importance of proper usage of
                                               boundary of the Final Focus Area for the                1,200 mg/kg at depths greater than two                the vacuum, and education on
                                               Site. The Final Focus Area is generally                 feet.                                                 mitigation of household lead hazards.
                                               bounded by Read Street to the north,                       After confirmation sampling verified               The Douglas County Health Department
                                               56th Street to the west, Harrison Street                that cleanup goals were achieved, the                 also provides training and education
                                               (Sarpy County line) to the south, and                   excavated areas were backfilled with                  regarding the need to mitigate interior
                                               the Missouri River to the east, and                     clean soil to original grade and sod was              dust.
                                               encompasses 17,280 acres (27.0 square                   placed over the remediated areas.                       Exterior lead-based paint stabilization
                                               miles). By the time the Final Remedial                     EPA’s remediation contractors
                                                                                                                                                             and interior dust response were
                                               Investigation was completed, EPA had                    stockpiled contaminated soil in staging
                                                                                                                                                             conducted retroactively at properties
                                               collected soil samples from 37,076                      areas, collected samples, and
                                                                                                                                                             where soil cleanups were performed
                                               residential properties, including 34,565                subsequently transported soil to an off-
                                                                                                                                                             under CERCLA removal authority, as
                                               properties within the Final Focus Area’s                site subtitle D solid waste disposal
                                                                                                       landfill for use as daily cover and/or                well as to properties addressed under
                                               boundary. In total, 34.2 percent of                                                                           CERCLA remedial authority.
                                               properties sampled through completion                   disposal.
                                               of the 2008 RI had at least one mid-yard                Stabilization of Deteriorating Exterior               Health Education
                                               sample with a soil lead level exceeding                 Lead-Based Paint                                         There are a number of identified lead
                                               400 mg/kg. In addition to soil sampling,                                                                      hazards within the OLS, not all of
                                                                                                         EPA used the lead-based paint
                                               EPA collected dust samples from the                     assessment protocol, presented in the                 which are connected to the contaminant
                                               interior of 159 residences to support the               Final Lead-Based Paint                                source of the OLS. To better address all
                                               OLS Human Health Risk Assessment.                       Recontamination Study Report prepared                 potential lead sources within the OLS,
                                               Record of Decision                                      for the OLS, to determine eligibility for             a health education program was
                                                                                                       exterior lead-based paint stabilization at            developed and continues to be
                                                 EPA completed the Final Record of
                                                                                                       those properties where soil lead                      implemented to increase public
                                               Decision (ROD) for the OLS in May
                                                                                                       concentrations exceed 400 mg/kg. At                   awareness and mitigate exposure. An
                                               2009. The Remedial Action Objective is
                                                                                                       those properties where the exterior lead-             active educational program continues in
                                               to reduce the risk of exposure of young
                                                                                                       based paint assessment identified a                   cooperation with agencies and
                                               children to lead such that an individual
                                                                                                       threat from deteriorating paint to the                organizations that include ATSDR, the
                                               child, or group of similarly exposed
                                                                                                       continued protectiveness of the soil                  Nebraska Department of Health and
                                               children, have no greater than a 5
                                                                                                       remedy, the owner of the property was                 Human Services (NDHHS), DCHD, local
                                               percent chance of having a blood-lead
                                                                                                       offered stabilization of painted surfaces             non-governmental organizations, and
                                               concentration exceeding 10 mg/dl. The
                                                                                                       on structures located on the property.                other interested parties throughout the
                                               selected remedy include the following
                                                                                                       Exterior lead-based paint stabilization is            duration of the remedial action. The
                                               components:
                                                                                                       not mandatory and was provided to                     following, although not an exhaustive
                                                 • Excavation and Replacement of
                                                                                                       those qualifying property owners who                  list, indicate the types of educational
                                               Soils Exceeding 400 mg/kg Lead
                                                                                                       chose to have their exterior paint                    activities provided at the Site:
                                                 • Stabilization of Deteriorating
                                               Exterior Lead-Based Paint
                                                                                                       stabilized. Removal of loose and flaking                 • Support for in-home assessments
                                                                                                       lead-based paint was performed using                  for children identified with elevated
                                                 • Response to Lead-Contaminated
                                                                                                       lead-safe practices as described in EPA’s             blood lead levels.
                                               Interior Dust
                                                                                                       Renovate, Repair and Painting Rule. The                  • Development and implementation
                                                 • Health Education
                                                                                                       practices include wet scraping, and
                                                 • Operation of a Local Lead Hazard                                                                          of lead poisoning prevention curriculum
                                                                                                       collection of paint chips using plastic               in schools.
                                               Registry as a type of Institutional
                                                                                                       sheeting. Scraped areas were primed
                                               Control
                                                                                                       and all previously painted surfaces had                  • Support for efforts to increase
                                                 Each of these components is                                                                                 community-wide blood lead monitoring.
                                                                                                       two coats of paint applied.
                                               described below.                                                                                                 • Physicians’ education for diagnosis,
                                                                                                       Response to Lead-Contaminated Interior                treatment, and surveillance of lead
                                               Remedial Actions
                                                                                                       Dust                                                  exposure.
                                               Excavation and Replacement of Soils                        As part of the final remedy, residents
                                               Exceeding 400 mg/kg Lead                                                                                         • Operation of Public Information
                                                                                                       at eligible properties are provided the               Centers to distribute information, and
                                                 Excavation of soils was accomplished                  opportunity to have interior dust                     respond to questions about the EPA
                                               using lightweight excavation equipment                  sampled. The interior dust response is                response activities and lead hazards in
                                               and hand tools in the portions of the                   not mandatory and the resident may                    the community.
                                               yard where the concentration of lead in                 choose to decline. If the property owner
                                               the surface soil exceeded 400 mg/kg.                    agrees, EPA collects samples of dust                     • Use of mass media (television,
                                               Excavation continued in all quadrants,                  from interior surfaces. The analytical                radio, internet, print media, etc.) to
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                                               play zones, and drip zone areas                         data is provided to the resident/tenant               distribute health education messages.
                                               exceeding 400 mg/kg lead until the                      in a letter and the letter informs them               Development and distribution of
                                               residual lead concentration measured at                 whether any HUD criteria are exceeded.                informational tools such as fact sheets,
                                               the exposed surface of the excavation                   The Douglas County Health Department                  brochures, refrigerator magnets, etc., to
                                               was less than 400 mg/kg in the upper                    conducts follow up activities at any                  inform the public about lead hazards
                                               foot, or less than 1,200 mg/kg at depths                residence where the concentration of                  and measures that can be taken to avoid
                                               greater than one foot. Typically, soil                  lead in the interior dust levels exceed               or eliminate exposure.


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                                                                  Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Proposed Rules                                                65319

                                               Institutional Controls                                  statutory. The triggering action for the              Determination That the Criteria for
                                                  The Omaha Lead Registry, (available                  Five-Year Review is the completion of                 Deletion Has Been Achieved
                                               at www.omahalead.org) is a GIS based                    the Final Record of Decision for                        In accordance with 40 CFR
                                               database that provides the public with                  Operable Unit 2, completed in May                     300.425(e), Region 7 of the EPA finds
                                               on-line access to the status of the EPA                 2009.                                                 that the 294 residential parcels of the
                                                                                                         The protectiveness of the remedy was                Omaha Lead Superfund site (the subject
                                               investigation and response actions. EPA
                                                                                                       deferred in the Five-Year Review                      of this deletion) meet the substantive
                                               notifies residents and property owners
                                                                                                       because the remedy has not been                       criteria for deletion from the NPL. EPA
                                               about the information that is available                 completed at all of the properties within
                                               through the lead hazard registry as part                                                                      has consulted with and has the
                                                                                                       the site boundary. However, clean up                  concurrence of the State of Nebraska.
                                               of the transmittal sent at the completion               activities at the 294 residential parcels
                                               of soil remediation at each individual                                                                          All responsible parties or other
                                                                                                       included in this partial deletion action              persons have implemented all
                                               property.                                               are complete and protective of human                  appropriate response actions required.
                                               Community Involvement                                   health.                                               All appropriate Fund-financed response
                                                                                                         The next Five-Year Review will be                   under CERCLA was implemented, and
                                                  EPA worked extensively with the                      completed in 2019.
                                               Omaha community through a variety of                                                                          no further response action by
                                               communication vehicles including, but                   Summary of EPA Work Completed                         responsible parties is appropriate.
                                               not limited to: Local speaking                          Soil Testing and Remediation                          List of Subjects in 40 CFR Part 300
                                               engagements, participation in citizens’
                                               groups and city council meetings, local                    EPA Region 7 completed the EPA lead                  Environmental protection, air
                                               public access television, public service                portion of the remedial action on                     pollution control, Chemicals, Hazardous
                                               announcements on local cable                            December 29, 2015. The City of Omaha                  waste, Hazardous substances,
                                               television, coverage on radio, television,              and the Douglas County Health                         Intergovernmental relations, Penalties,
                                               in local and national newspapers, mass                  Department will be performing the                     Reporting and recordkeeping
                                               mailings of informational materials,                    remaining field work. As of December                  requirements, Superfund, Water
                                               public outreach by telephone,                           29, 2015, EPA collected soil samples                  pollution control, Water supply.
                                               conducting public meetings, and                         from 42,047 properties. There are 489                   Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
                                               through the EPA Web site.                               remaining properties to be sampled. The               9601–9657; E.O. 12777, 56 FR 54757,3 CFR,
                                                  EPA has been performing outreach to                  EPA has obtained access to collect                    1991 Comp., p.351; E.O. 12580, 52 FR 2923,
                                               Omaha citizens, elected officials, school               samples from 163 of the 489 properties.               3 CFR, 1987 Comp., p.193.
                                                                                                          Based on the soil sampling results,                  Dated: September 12, 2016.
                                               officials, health officials, the media,
                                                                                                       14,019 properties were eligible for soil              Mark Hague,
                                               nonprofit groups, and others since
                                                                                                       remediation. The EPA remediated lead
                                               becoming involved in the project in an                                                                        Regional Administrator, Region 7.
                                                                                                       contaminated soil at 13,090 properties
                                               effort to convey information about the                                                                        [FR Doc. 2016–22877 Filed 9–21–16; 8:45 am]
                                                                                                       (93 percent) of the properties that were
                                               hazards of lead poisoning, particularly                                                                       BILLING CODE 6560–50–P
                                                                                                       eligible for remediation. There are
                                               the ways that lead affects the health of
                                                                                                       approximately 929 remaining properties
                                               children. The EPA participated in
                                                                                                       that are eligible for soil remediation.
                                               numerous formal and informal meetings                                                                         DEPARTMENT OF THE INTERIOR
                                                                                                       The EPA obtained access to remediate
                                               to explain EPA’s role and commitment
                                                                                                       fifty-one of the remaining properties.
                                               in Omaha, convey information about the                                                                        Office of the Secretary
                                               Superfund process, and provide general                  Lead-Based Paint Testing and
                                               information about the site and lead                     Stabilization                                         43 CFR Part 100
                                               contamination. EPA responds to                            The EPA tested 12,057 properties for                [167A2100DD/AAKC001030/
                                               inquiries on a daily basis regarding the                the presence of lead-based paint (LBP)                A0A501010.999900]
                                               site and individual property owner’s                    and determined 6,782 properties
                                               sampling results.                                                                                             RIN 1093–AA20
                                                                                                       qualified for LBP stabilization. The EPA
                                                  In January 2004, a Community                         has completed LBP stabilization on                    Appraisals and Valuations of Indian
                                               Advisory Group (CAG) was formed for                     6,249, (92 percent) of the eligible                   Property
                                               the OLS site. A CAG is a committee,                     properties.
                                               task force, or board made up of residents                                                                     AGENCY:    Office of the Secretary, Interior.
                                               affected by a Superfund site. They                      Dust Sampling                                         ACTION:   Proposed rule.
                                               provided a public forum where                             The EPA collected dust samples from
                                               representatives with diverse community                  3,933 properties consisting of 4,477                  SUMMARY:   Congress recently passed the
                                               interests could present and discuss their               residences for lead contaminated dust.                Indian Trust Asset Reform Act (ITARA),
                                               needs and concerns related to the site                  These numbers reflect the fact that some              which requires the Secretary of the
                                               and the cleanup process. The CAG was                    of the properties are multi-residence                 Interior to establish and publish in the
                                               discontinued after the last meeting was                 properties.                                           Federal Register minimum
                                               held in October 2011. A new group,                                                                            qualifications for individuals to prepare
                                               Child Lead Poisoning Prevention Group,                  Continuing Remedial Action                            appraisals and valuations of Indian trust
                                               formed. The first meeting of the Child                    EPA completed Cooperative                           property. This proposed rule would
                                                                                                       Agreements with the City of Omaha and                 establish the minimum qualifications
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               Lead Poisoning Group was held at City
                                               Hall in May 2012. The Group is no                       the Douglas County Health Department                  and would also implement provisions of
                                               longer active.                                          that provide funds to allow these local               ITARA that require the Secretary to
                                                                                                       government agencies to continue efforts               accept appraisals and valuations
                                               Five-Year Review                                        to obtain access to the remaining                     without additional review or approval
                                                 EPA completed the first Five-Year                     properties and conduct sampling and                   under certain circumstances.
                                               Review for the site in September 2014.                  remediation activities at those                       DATES: Please submit written comments
                                               Five-Year Reviews for the site are                      properties where they obtain access.                  by November 21, 2016.


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Document Created: 2016-09-22 01:03:54
Document Modified: 2016-09-22 01:03:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of intent.
DatesComments must be received on or before October 24, 2016.
ContactSteve Kemp, Remedial Project Manager, U.S. Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7194, email: [email protected]
FR Citation81 FR 65315 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply

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