83 FR 29731 - 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 83, Issue 123 (June 26, 2018)

Page Range		29731-29736
FR Document		2018-13720
Environmental Protection Agency (EPA) Region 7 is issuing a Notice of Intent to Delete 101 residential parcels of the Omaha Lead Superfund site located in Omaha, Nebraska, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state of Nebraska, through the Nebraska Department of Environmental Quality, determined that all appropriate response actions under CERCLA were completed at the identified parcels. However, this deletion does not preclude future actions under CERCLA. This partial deletion pertains to 101 residential parcels. The remaining parcels will remain on the NPL and are not being considered for deletion as part of this action.
Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29731-29736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13720]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9979-86--Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: Environmental Protection Agency (EPA) Region 7 is issuing a 
Notice of Intent to Delete 101 residential parcels of the Omaha Lead 
Superfund site located in Omaha, Nebraska, from the National Priorities 
List (NPL) and requests public comments on this proposed action. The 
NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, is

[[Page 29732]]

an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). The EPA and the state of Nebraska, through the 
Nebraska Department of Environmental Quality, determined that all 
appropriate response actions under CERCLA were completed at the 
identified parcels. However, this deletion does not preclude future 
actions under CERCLA.
    This partial deletion pertains to 101 residential parcels. The 
remaining parcels will remain on the NPL and are not being considered 
for deletion as part of this action.

DATES: Comments must be received on or before July 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information or 
other information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected] or 
[email protected].
     Mail: Environmental Protection Agency Region 7, 11201 
Renner Boulevard, Lenexa, KS 66219 Attention: Elizabeth Hagenmaier, 
SUPR Division or Tamara Freeman, ECO Office.
     Hand delivery: Environmental Protection Agency Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
     For additional submission methods, please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2003-0010. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov website 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: The docket contains the information that was the basis for 
the partial deletion, specifically the documentation regarding the 
results of soil cleanup activities. Information regarding the optional 
voluntary cleanup activities such as the lead-based paint stabilization 
and interior dust sampling is not provided in the docket but is 
available from EPA on a case-by-case basis. Certain other material, 
such as copyrighted material, will be publicly available only in the 
hard copy.
    All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at: USEPA 
Region 7 Records Center at 11201 Renner Boulevard, Lenexa, Kansas 
66219, between 8:00 a.m. and 4:00 p.m.
    The Omaha public libraries also have computer resources available 
to assist the public. The W Dale Clark Library, located at 215 S 15th 
Street, Omaha, NE 68102 is centrally located within the site boundary.

FOR FURTHER INFORMATION CONTACT: Elizabeth Hagenmaier, Remedial Project 
Manager, Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 
Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7939, email: 
[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 101 residential parcels of the 
Omaha Lead Superfund site, from the NPL and is requesting public 
comment on this proposed action. The table of 101 Properties Proposed 
for the Third Partial Deletion of Properties from the Omaha Lead 
Superfund site 2018 (EPA-HQ-SFUND-2003-0010-1900) identifies specific 
properties included for this proposed partial deletion. The location of 
the 101 properties are shown on Figure 1 ``2018 Partial Deletion Omaha 
Lead Site'' (EPA-HQ-SFUND-2003-0010-1895). The NPL constitutes appendix 
B of 40 CFR part 300, which is the NCP, which EPA promulgated pursuant 
to section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, or CERLA as amended. EPA 
maintains the NPL as those sites that appear to present a significant 
risk to public health, welfare, or the environment. Sites on the NPL 
may be the subject of remedial actions financed by the Hazardous 
Substance Superfund, or Fund. This partial deletion of the Omaha Lead 
Superfund site is proposed in accordance with 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List and 60 FR 55466 (November 1, 
1995). As described in 300.425(e)(3) of the NCP, a portion of a site 
deleted from the NPL remains eligible for Fund-financed remedial action 
if future conditions warrant such actions.
    EPA will accept comments on the proposal to partially delete this 
site for

[[Page 29733]]

thirty (30) days after publication of this document in the Federal 
Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the 101 residential parcels of 
the Omaha Lead Superfund site and demonstrates how they meet the 
deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the 101 residential 
parcels of the Site:
    (1) EPA consulted with the state before developing this Notice of 
Intent for Partial Deletion.
    (2) EPA has provided the state 30 working days for review of this 
action prior to this publication.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The state of Nebraska, through the Nebraska Department of 
Environmental Quality, has concurred with the deletion of the 101 
residential parcels of the Omaha Lead Superfund site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in a major local newspaper, Omaha World Herald. The newspaper announces 
the 30-day public comment period concerning the Notice of Intent for 
Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket, and made these items available 
for public inspection and copying at the site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond appropriately to the comments 
before making a final decision to delete the 101 residential parcels. 
If necessary, EPA will prepare a Responsiveness Summary to address any 
significant public comments received. After the public comment period, 
if EPA determines it is still appropriate to delete the 101 residential 
parcels of the Omaha Lead Superfund site, the Regional Administrator 
will publish a final Notice of Partial Deletion in the Federal 
Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for future 
response actions, should future conditions warrant such actions.

IV. Background and Basis for Intended Partial Site Deletion

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

Site Background and History

    The Omaha Lead Superfund site, or OLS, [CERCLIS ID #NESFN0703481]) 
includes surface soils present at residential properties, child-care 
centers, and other residential-type properties in the city of Omaha, 
Douglas County, Nebraska. The properties were contaminated as a result 
of deposition of aerial emissions from historic lead smelting and 
refining operations. The OLS encompasses the eastern portion of the 
greater metropolitan area in Omaha, Nebraska. The site extends from the 
Douglas-Sarpy County line on the south, north to Read Street and from 
the Missouri River on the east to 56th Street on the west. The site is 
centered around downtown Omaha, Nebraska, where two former lead-
processing facilities operated. American Smelting and Refining Company, 
Inc., or ASARCO, operated a lead refinery at 500 Douglas Street in 
Omaha, Nebraska, for over 120 years. Aaron Ferer & Sons Company, and 
later Gould Electronics, Inc., operated a lead battery recycling plant 
located at 555 Farnam Street. Both ASARCO and Aaron Ferer/Gould 
facilities released lead-containing particulates into the atmosphere 
from their smokestacks. The lead particles were subsequently deposited 
on surrounding residential properties.
    Beginning in 1984, the Douglas County Health Department, or DCHD 
monitored ambient air quality around the ASARCO facility. This air 
monitoring routinely measured ambient air lead concentrations in excess 
of the ambient air standard. Between 1972 and 1998 the DCHD measured 
the blood lead level in children within the county. The results of the 
measurements indicated a high incidence of elevated blood lead level in 
children. Blood lead screening of children living in zip codes located 
east of 45th Street consistently exceeded 10 micrograms per deciliter 
([mu]g/dl) more frequently than children living elsewhere in the 
county.
    In 1998, the Omaha City Council requested assistance from the EPA 
to address the high incidence of children found with elevated blood 
lead levels by the DCHD. In 1999, the EPA initiated an investigation 
into the lead contamination under the authority of CERCLA. On April 30, 
2003, the OLS was listed on the NPL (68 FR 23077).
    The OLS includes those residential properties where EPA determined 
through soil sampling that soil lead levels represent an unacceptable 
risk to human health. Residential properties where soil sampling 
indicates that lead concentrations in the soil are below a level that 
represent an unacceptable risk

[[Page 29734]]

are not included in the Site. Residential properties include those with 
high accessibility to sensitive populations (children seven years of 
age and younger [0 to 84 months] and pregnant or nursing women). The 
properties include single and multi-family dwellings, apartment 
complexes, child daycare facilities, vacant lots in residential areas, 
schools, churches, community centers, parks, greenways, and any other 
areas where children may be exposed to site-related contaminated media. 
Commercial and industrial properties are excluded from the definition 
of the Site.
    The residential properties proposed for deletion from the NPL site 
were cleaned up under both CERCLA removal and remedial authority. 
Regardless of the authority used for the remediation of yards, the 
cleanup levels for soils for all the properties proposed for deletion 
were the same.

Response Actions

    The initial EPA response was conducted under CERCLA removal 
authority. Due to the size of the site and the very large number of 
individual properties, it was necessary to prioritize sites for 
cleanup. The prioritization was based on factors such as the elevated 
blood level of children at each property and the lead concentration in 
the soil at each property. The result was a series of action levels 
that reflected the priority of categories of sites. Consequently, the 
action level for the site changed over time from 2,500 mg/kg to 400 mg/
kg, as the highest priority sites were cleaned up first. The cleanup 
level was established using the Integrated Exposure Uptake Biokinetic, 
or IEUBK model to determine the concentration to which the lead is 
cleaned up at each property within the site. The cleanup level for the 
OLS is 400 mg/kg of lead in the soil. The cleanup level of 400 mg/kg 
was selected to allow for unlimited use and unrestricted exposure. The 
cleanup level has not changed, and all properties, regardless of the 
action level, were cleaned up to 400 mg/kg.

Removal Activities

    Beginning in March 1999, the EPA began collecting soil samples from 
properties that provided licensed child daycare services. The initial 
removal action dated August 2, 1999, consisted of excavation and 
replacement of contaminated soil where the lead concentration exceeded 
the action levels identified in the Action Memorandum. Response actions 
were implemented at properties that met either of the following 
criteria:
     A child seven years of age or younger (0 to 84 months) 
residing at the property was identified with an elevated blood level, 
or EBL exceeding 15 [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, or
     A property was a 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 1,200 mg/kg 
to 800 mg/kg.
    At properties determined to be eligible for response under either 
of the Action Memoranda soil with lead concentrations greater than the 
cleanup level was excavated and replaced with clean soil and the 
excavated areas were revegetated.
    Beginning with the construction season of 2005, the scope of the 
removal action was expanded to address the requirements of the 2004 
Interim ROD to include: (1) Stabilization of deteriorating exterior 
lead-based paint at properties where the continued effectiveness of the 
soil remediation was threatened; (2) response to interior dust at 
properties where interior dust lead levels exceeded applicable 
criteria; (3) public health education; and (4) participation in a 
comprehensive remedy with other agencies and organizations that 
addresses all identified lead hazards in the Omaha community.

Remedial Investigation/Feasibility Study (RI/FS)--Human Health Risk 
Assessment

    As part of the RI/FS EPA developed a Human Health Risk Assessment, 
or HHRA for the site using site-specific information collected during 
the OLS Remedial Investigation. Lead was identified as the primary 
contaminant of concern. The HHRA also identified arsenic as a potential 
contaminant of concern, but arsenic was eliminated based on its 
relatively low overall risk to residents and lack of connection to the 
release from the industrial sources being addressed by this Superfund 
action.
    The risk assessment for lead focused on young children under the 
age of seven (0 to 84 months) who are site residents. Young children 
are most susceptible to lead exposure because they have higher contact 
rates with soil or dust, absorb lead more readily than adults, and are 
more sensitive to the adverse effects of lead than are older children 
and adults. The effect of greatest concern in children is impairment of 
the nervous system, including learning deficits, reduced intelligence, 
and adverse effects on behavior. The IEUBK model for lead in children 
was used to evaluate the risks posed to young children (0 to 84 months) 
resulting from the lead contamination at the site. Because lead does 
not have a nationally-approved reference dose (RfD), cancer slope 
factor, or other accepted toxicological factor which can be used to 
assess risk, standard risk assessment methods cannot be used to 
evaluate the health risks associated with lead contamination. The 
modeling results determined that there was an unacceptable risk to 
young children from exposure to soils above 400 mg/kg.
    In October 2008, EPA released a draft Final Remedial Investigation. 
Based on the 2008 data set, EPA established the boundary of the Final 
Focus Area for the Site. The Final Focus Area is generally bounded by 
Read Street to the north, 56th Street to the west, Harrison Street 
(Sarpy County line) to the south, and the Missouri River to the east, 
and encompasses 17,280 acres (27.0 square miles). By the time the Final 
Remedial Investigation was completed, EPA had collected soil samples 
from 37,076 residential properties, including 34,565 properties within 
the Final Focus Area's boundary. In total, 34.2 percent of properties 
sampled through completion of the 2008 RI had at least one mid-yard 
sample with a soil lead level exceeding

[[Page 29735]]

400 mg/kg. In addition to soil sampling, EPA collected dust samples 
from the interior of 159 residences to support the OLS Human Health 
Risk Assessment.

Record of Decision

    EPA completed the Final Record of Decision, or ROD for the OLS in 
May 2009. The Remedial Action Objective is to reduce the risk of 
exposure of young children to lead such that an individual child, or 
group of similarly exposed children, have no greater than a 5 percent 
chance of having a blood-lead concentration exceeding 10 [mu]g/dl. The 
selected remedy includes the following components:

 Excavation and Replacement of Soils Exceeding 400 mg/kg Lead
 Stabilization of Deteriorating Exterior Lead-Based Paint
 Response to Lead-Contaminated Interior Dust
 Health Education
 Operation of a Local Lead Hazard Registry as a type of 
Institutional Control

    Each of these components is described below.

Remedial Actions

Excavation and Replacement of Soils Exceeding 400 mg/kg Lead

    Excavation of soils was accomplished using lightweight excavation 
equipment and hand tools in the portions of the yard where the 
concentration of lead in the surface soil exceeded 400 mg/kg. 
Excavation continued in all quadrants, play zones, and drip zone areas 
exceeding 400 mg/kg lead until the residual lead concentration measured 
at the exposed surface of the excavation was less than 400 mg/kg in the 
upper foot, or less than 1,200 mg/kg at depths greater than one foot. 
Typically, soil excavation depths were between six and ten inches in 
depth. Soils in garden areas were excavated until reaching a residual 
concentration of less than 400 mg/kg in the upper two feet measured 
from the original surface, or less than 1,200 mg/kg at depths greater 
than two feet.
    After confirmation sampling verified that cleanup goals were 
achieved, the excavated areas were backfilled with clean soil to 
original grade and sod was placed over the remediated areas.
    EPA's remediation contractors stockpiled contaminated soil in 
staging areas, collected samples, and subsequently transported soil to 
an 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 
exceeded 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 DCHD conducts follow up activities at any residence 
where the concentration of lead in the interior dust levels exceed the 
HUD criteria. For those residences that qualify and where the resident 
agrees, the residents are provided with a high-efficiency household 
vacuum cleaner, training on the maintenance and the importance of 
proper usage of the vacuum, and education on mitigation of household 
lead hazards. The DCHD also provides training and education regarding 
the need to mitigate interior dust.
    Exterior lead-based paint stabilization and interior dust response 
were conducted retroactively at properties where soil cleanups were 
performed under CERCLA removal authority, as well as to properties 
addressed under CERCLA remedial authority.

Health Education

    There are a number of identified lead hazards within the OLS, not 
all of which are connected to the contaminant source of the OLS. To 
better address all potential lead sources within the OLS, a health 
education program was developed and continues to be implemented to 
increase public awareness and mitigate exposure. An active educational 
program continues in cooperation with agencies and organizations that 
include ATSDR, the Nebraska Department of Health and Human Services, or 
NDHHS, DCHD, local non-governmental organizations, and other interested 
parties. The following, although not an exhaustive list, indicate the 
types of educational activities provided at the Site:

     Support for in-home assessments for children identified 
with elevated blood lead levels.
     Development and implementation of lead poisoning 
prevention curriculum in schools.
     Support for efforts to increase community-wide blood lead 
monitoring.
     Physicians' education for diagnosis, treatment, and 
surveillance of lead exposure.
     Operation of Public Information Centers to distribute 
information, and respond to questions about the EPA response activities 
and lead hazards in the community.
     Use of mass media (television, radio, internet, print 
media, etc.) to distribute health education messages.
     Development and distribution of informational tools such 
as fact sheets, brochures, refrigerator magnets, etc., to inform the 
public about lead hazards and measures that can be taken to avoid or 
eliminate exposure.

Institutional Controls

    The Omaha Lead Registry, (available at www.omahalead.org) is a 
geographic information system, or GIS, based database that provides the 
public with on-line access to the status of the EPA investigation and 
response actions. EPA notifies residents and property owners about the 
information that is available through the lead hazard registry as part 
of the transmittal sent at the completion of soil remediation at each 
individual property.

Community Involvement

    EPA worked extensively with the Omaha community through a variety 
of communication vehicles including, but not limited to: Local speaking 
engagements, participation in citizens' groups and city council 
meetings, local public access television, public service

[[Page 29736]]

announcements on local cable television, coverage on radio, television, 
in local and national newspapers, mass mailings of informational 
materials, public outreach by telephone, conducting public meetings, 
and through the EPA website.
    EPA has been performing outreach to Omaha citizens, elected 
officials, school officials, health officials, the media, nonprofit 
groups, and others since becoming involved in the project in an effort 
to convey information about the hazards of lead poisoning, particularly 
the ways that lead affects the health of children. The EPA participated 
in numerous formal and informal meetings to explain EPA's role and 
commitment in Omaha, convey information about the Superfund process, 
and provide general information about the site and lead contamination. 
EPA responds to inquiries on a daily basis regarding the site and 
individual property owner's sampling results.
    In January 2004, a Community Advisory Group, or CAG was formed for 
the OLS site. A CAG is a committee, task force, or board made up of 
residents affected by a Superfund site. They provided a public forum 
where representatives with diverse community interests could present 
and discuss their needs and concerns related to the site and the 
cleanup process. The CAG was discontinued after the last meeting was 
held in October 2011. A new group, Child Lead Poisoning Prevention 
Group, formed. The first meeting of the Child Lead Poisoning Group was 
held at City Hall in May 2012. The Group is no longer active.

Five-Year Review

    EPA completed the first Five-Year Review for the site in September 
2014. Five-Year Reviews for the site are statutory. The triggering 
action for the Five-Year Review is the completion of the Final Record 
of Decision for Operable Unit 2, completed in May 2009.
    The protectiveness of the remedy was deferred in the Five-Year 
Review because the remedy had not been completed at all of the 
properties within the site boundary. However, cleanup activities at the 
101 residential parcels included in this partial deletion action are 
complete and protective of human health. There are no issues or 
recommendations in the Five-Year Review related to these 101 
residential parcels proposed for deletion.
    The next Five-Year Review will be completed in 2019.

Summary of EPA Work Completed

Soil Testing and Remediation

    EPA Region 7 completed the EPA lead portion of the remedial action 
on December 29, 2015. The city of Omaha and the DCHD will be performing 
the remaining field work. As of December 29, 2015, EPA collected soil 
samples from 42,047 properties. There are 489 remaining properties to 
be sampled. The EPA has obtained access to collect samples from 163 of 
the 489 properties.
    Based on the soil sampling results, 14,019 properties were eligible 
for soil remediation. The EPA remediated lead contaminated soil at 
13,090 properties (93 percent) of the properties that were eligible for 
remediation. There are approximately 929 remaining properties that are 
eligible for soil remediation. The EPA obtained access to remediate 
fifty-one of the remaining properties.

Lead-Based Paint Testing and Stabilization

    The EPA tested 12,057 properties for the presence of lead-based 
paint, or LBP. 6,782 properties qualify for LBP stabilization. The EPA 
completed LBP stabilization on 6,249,(92 percent) of the eligible 
properties.

Dust Sampling

    The EPA collected dust samples from 3,933 properties consisting of 
4,477 residences for lead contaminated dust. These numbers reflect the 
fact that some of the properties are multi-residence properties.

Continuing Remedial Action

    EPA completed Cooperative Agreements with the city of Omaha and the 
DCHD that provide funds to allow these local government agencies to 
continue efforts to obtain access to the remaining properties and 
conduct sampling and remediation activities at those properties where 
they obtain access.

Determination That the Criteria for Deletion Has Been Achieved

    In accordance with 40 CFR 300.425(e), Region 7 of the EPA finds 
that the 101 residential parcels of the Omaha Lead Superfund site (the 
subject of this deletion) meet the substantive criteria for deletion 
from the NPL. EPA has consulted with and has the concurrence of the 
state of Nebraska. All responsible parties or other persons have 
implemented all appropriate response actions required. All appropriate 
Fund-financed response under CERCLA was implemented, and no further 
response action by responsible parties is appropriate.
    The implemented remedy at the 101 residential parcels have achieved 
the degree of cleanup specified in the ROD for all pathways of 
exposure. All selected remedial action objectives and associated 
cleanup levels are consistent with agency policy and guidance. No 
further Superfund response is needed to protect human health and the 
environment.

List of Subjects in 40 CFR Part 300

    Environmental Protection, Air Pollution Control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.


    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: June 13, 2018.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2018-13720 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P
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TABLE 1—SUMMARY OF SUBSTANTIVE REVISIONS TO 30 TAC § 115 PROPOPED FOR APPROVAL—Continued
[Subchapter B, Division 1, Storage of Volatile Organic Compounds]

Section amended Amendment Comments

Additional sentence expressly states the requirement to comply with 90% con- Represents an increased level of VOC
trol efficiency requirement [see 115.112(e)(3)(A)(i)] in the HGB area no longer control in the HGB area on the date
applies beginning July 20, 2018. Therefore, all control devices in the area of implementation.
must meet the 95% DRE requirement after that date. Also, some ministerial Ministerial changes are non-substantive.
changes to conform with current formatting practices for state rules were
made.
Changes to 115.119(a)(2) clarifies existing sources in HGB area should comply Clarifies applicability and should result
with control requirements in 115.112(e)(1)–(6), rather than the earlier ref- in increased compliance and reduced
erence to 115.112(e) in its entirety. The changes to the language distinguish regulatory confusion.
between compliance dates for exiting requirements in the HGB NA area
under 115.112(e)(1)-(6) and the new requirement for the HGB NA area under
115.112(e)(7).
Additional wording expressly states the requirement to comply with 90% DRE Full compliance represents an in-
[see 115.112(e)(3)(A)(i)] is in effect in the HGB area for an affected source creased level of VOC control in the
until the source complies with the 95% control efficiency stated in HGB NA area and will result in re-
115.112(e)(3)(A)(ii) or July 20, 2018 at the latest. duced VOC emissions in the area on
the date of implementation.
New paragraph 115.119(a)(3) is added requiring compliance with new control Clarifies early compliance is desirable
standards, inspection and record keeping requirements for affected sources in and establishes a final date to com-
the HGB NA area as soon as practicable, but not later than July 20, 2018. ply. Expected to simplify compliance
and enforcement.

IV. Incorporation by Reference • Is certified as not having a List of Subjects in 40 CFR Part 52
In this action, the EPA is proposing to significant economic impact on a Environmental protection, Air
include in a final rule regulatory text substantial number of small entities pollution control, Incorporation by
that includes incorporation by under the Regulatory Flexibility Act (5 reference, Nitrogen dioxide, Ozone,
reference. In accordance with the U.S.C. 601 et seq.); Reporting and recordkeeping
requirements of 1 CFR 51.5, the EPA is • Does not contain any unfunded requirements, Volatile organic
proposing to incorporate by reference mandate or significantly or uniquely compounds.
revisions to the Texas regulations as affect small governments, as described
in the Unfunded Mandates Reform Act Authority: 42 U.S.C. 7401 et seq.
described in the Proposed Action
section above. The EPA has made, and of 1995 (Pub. L. 104–4); Dated: June 20, 2018.
will continue to make, these documents • Does not have Federalism Anne Idsal,
generally available electronically implications as specified in Executive Regional Administrator, Region 6.
through www.regulations.gov and in Order 13132 (64 FR 43255, August 10, [FR Doc. 2018–13651 Filed 6–25–18; 8:45 am]
hard copy at the EPA Region 6 office. 1999);
• Is not an economically significant BILLING CODE 6560–50–P

V. Statutory and Executive Order regulatory action based on health or
Reviews safety risks subject to Executive Order ENVIRONMENTAL PROTECTION
Under the CAA, the Administrator is 13045 (62 FR 19885, April 23, 1997); AGENCY
required to approve a SIP submission • Is not a significant regulatory action
that complies with the provisions of the subject to Executive Order 13211 (66 FR 40 CFR Part 300
Act and applicable Federal regulations. 28355, May 22, 2001);
42 U.S.C. 7410(k); 40 CFR 52.02(a). • Is not subject to requirements of [EPA–HQ–SFUND–2003–0010; FRL–9979–
section 12(d) of the National 86—Region 7]
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices, Technology Transfer and Advancement National Oil and Hazardous
provided that they meet the criteria of Act of 1995 (15 U.S.C. 272 note) because Substances Pollution Contingency
the CAA. Accordingly, this action application of those requirements would Plan; National Priorities List: Partial
merely proposes to approve state law as be inconsistent with the CAA; and Deletion of the Omaha Lead Superfund
meeting Federal requirements and does • Does not provide EPA with the
Site
not impose additional requirements discretionary authority to address, as
beyond those imposed by state law. For appropriate, disproportionate human AGENCY: Environmental Protection
that reason, this action: health or environmental effects, using Agency (EPA).
• Is not a ‘‘significant regulatory practicable and legally permissible ACTION: Proposed rule; notice of intent.
action’’ subject to review by the Office methods, under Executive Order 12898
of Management and Budget under (59 FR 7629, February 16, 1994). SUMMARY: Environmental Protection
Executive Orders 12866 (58 FR 51735, In addition, the SIP is not approved Agency (EPA) Region 7 is issuing a
October 4, 1993) and 13563 (76 FR 3821, to apply on any Indian reservation land Notice of Intent to Delete 101 residential
January 21, 2011); or in any other area where EPA or an parcels of the Omaha Lead Superfund
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• Is not an Executive Order 13771 (82 Indian tribe has demonstrated that a site located in Omaha, Nebraska, from
FR 9339, February 2, 2017) regulatory tribe has jurisdiction. In those areas of the National Priorities List (NPL) and
action because SIP approvals are Indian country, the proposed rule does requests public comments on this
exempted under Executive Order 12866; not have tribal implications and will not proposed action. The NPL, promulgated
• Does not impose an information impose substantial direct costs on tribal pursuant to section 105 of the
collection burden under the provisions governments or preempt tribal law as Comprehensive Environmental
of the Paperwork Reduction Act (44 specified by Executive Order 13175 (65 Response, Compensation, and Liability
U.S.C. 3501 et seq.); FR 67249, November 9, 2000). Act of 1980 (CERCLA), as amended, is

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an appendix of the National Oil and Instructions: Direct your comments to Kansas 66219, between 8:00 a.m. and
Hazardous Substances Pollution Docket ID no. EPA–HQ–SFUND–2003– 4:00 p.m.
Contingency Plan (NCP). The EPA and 0010. EPA’s policy is that all comments The Omaha public libraries also have
the state of Nebraska, through the received will be included in the public computer resources available to assist
Nebraska Department of Environmental docket without change and may be the public. The W Dale Clark Library,
Quality, determined that all appropriate made available online at https:// located at 215 S 15th Street, Omaha, NE
response actions under CERCLA were www.regulations.gov, including any 68102 is centrally located within the
completed at the identified parcels. personal information provided, unless site boundary.
However, this deletion does not the comment includes information FOR FURTHER INFORMATION CONTACT:
preclude future actions under CERCLA. claimed to be Confidential Business Elizabeth Hagenmaier, Remedial Project
This partial deletion pertains to 101 Information (CBI) or other information Manager, Environmental Protection
residential parcels. The remaining whose disclosure is restricted by statute. Agency, Region 7, SUPR/LMSE, 11201
parcels will remain on the NPL and are Do not submit information that you Renner Boulevard, Lenexa, KS 66219,
not being considered for deletion as part consider to be CBI or otherwise telephone (913) 551–7939, email:
of this action. protected through https:// hagenmaier.elizabeth@epa.gov.
DATES: Comments must be received on www.regulations.gov or email. The SUPPLEMENTARY INFORMATION:
or before July 26, 2018. https://www.regulations.gov website is Throughout this document ‘‘we,’’ ‘‘us,’’
ADDRESSES: Submit your comments, an ‘‘anonymous access’’ system, which or ‘‘our’’ refer to EPA. This section
identified by Docket ID no. EPA–HQ– means EPA will not know your identity provides additional information by
SFUND–2003–0010, by one of the or contact information unless you addressing the following:
following methods: provide it in the body of your comment.
If you send an email comment directly I. Introduction
• https://www.regulations.gov. II. NPL Deletion Criteria
Follow the on-line instructions for to EPA without going through https://
III. Deletion Procedures
submitting comments. Once submitted, www.regulations.gov, your email IV. Background and Basis for Intended Partial
comments cannot be edited or removed address will be automatically captured Site Deletion
from Regulations.gov. The EPA may and included as part of the comment
that is placed in the public docket and I. Introduction
publish any comment received to its
public docket. Do not submit made available on the internet. If you EPA Region 7 is proposing to delete
electronically any information you submit an electronic comment, EPA 101 residential parcels of the Omaha
consider to be Confidential Business recommends that you include your Lead Superfund site, from the NPL and
Information or other information whose name and other contact information in is requesting public comment on this
disclosure is restricted by statute. the body of your comment and with any proposed action. The table of 101
Multimedia submissions (audio, video, disk or CD–ROM you submit. If EPA Properties Proposed for the Third Partial
etc.) must be accompanied by a written cannot read your comment due to Deletion of Properties from the Omaha
comment. The written comment is technical difficulties and cannot contact Lead Superfund site 2018 (EPA–HQ–
considered the official comment and you for clarification, EPA may not be SFUND–2003–0010–1900) identifies
should include discussion of all points able to consider your comment. specific properties included for this
you wish to make. The EPA will Electronic files should avoid the use of proposed partial deletion. The location
generally not consider comments or special characters, any form of of the 101 properties are shown on
comment contents located outside of the encryption, and be free of any defects or Figure 1 ‘‘2018 Partial Deletion Omaha
primary submission (i.e. on the web, viruses. Lead Site’’ (EPA–HQ–SFUND–2003–
cloud, or other file sharing system). For Docket: The docket contains the 0010–1895). The NPL constitutes
additional submission methods, the full information that was the basis for the appendix B of 40 CFR part 300, which
EPA public comment policy, partial deletion, specifically the is the NCP, which EPA promulgated
information about CBI or multimedia documentation regarding the results of pursuant to section 105 of the
submissions, and general guidance on soil cleanup activities. Information Comprehensive Environmental
making effective comments, please visit regarding the optional voluntary Response, Compensation and Liability
https://www2.epa.gov/dockets/ cleanup activities such as the lead-based Act of 1980, or CERLA as amended. EPA
commenting-epa-dockets. paint stabilization and interior dust maintains the NPL as those sites that
• Email: hagenmaier.elizabeth@ sampling is not provided in the docket appear to present a significant risk to
epa.gov or freeman.tamara@epa.gov. but is available from EPA on a case-by- public health, welfare, or the
• Mail: Environmental Protection case basis. Certain other material, such environment. Sites on the NPL may be
Agency Region 7, 11201 Renner as copyrighted material, will be publicly the subject of remedial actions financed
Boulevard, Lenexa, KS 66219 Attention: available only in the hard copy. by the Hazardous Substance Superfund,
Elizabeth Hagenmaier, SUPR Division or All documents in the docket are listed or Fund. This partial deletion of the
Tamara Freeman, ECO Office. in the https://www.regulations.gov Omaha Lead Superfund site is proposed
• Hand delivery: Environmental index. Although listed in the index, in accordance with 40 CFR 300.425(e)
Protection Agency Region 7, 11201 some information is not publicly and is consistent with the Notice of
Renner Boulevard, Lenexa, KS 66219. available, e.g., CBI or other information Policy Change: Partial Deletion of Sites
Such deliveries are only accepted whose disclosure is restricted by statute. Listed on the National Priorities List
sradovich on DSK3GMQ082PROD with PROPOSALS

during the Docket’s normal hours of Certain other material, such as and 60 FR 55466 (November 1, 1995).
operation, and special arrangements copyrighted material, will be publicly As described in 300.425(e)(3) of the
should be made for deliveries of boxed available only in the hard copy. Publicly NCP, a portion of a site deleted from the
information. available docket materials are available NPL remains eligible for Fund-financed
• For additional submission methods, either electronically in https:// remedial action if future conditions
please contact the person identified in www.regulations.gov or in hard copy at: warrant such actions.
the FOR FURTHER INFORMATION CONTACT USEPA Region 7 Records Center at EPA will accept comments on the
section. 11201 Renner Boulevard, Lenexa, proposal to partially delete this site for

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thirty (30) days after publication of this (4) The state of Nebraska, through the Site Background and History
document in the Federal Register. Nebraska Department of Environmental The Omaha Lead Superfund site, or
Section II of this document explains Quality, has concurred with the deletion OLS, [CERCLIS ID #NESFN0703481])
the criteria for deleting sites from the of the 101 residential parcels of the includes surface soils present at
NPL. Section III discusses procedures Omaha Lead Superfund site, from the residential properties, child-care
that EPA is using for this action. Section NPL. centers, and other residential-type
IV discusses the 101 residential parcels (5) Concurrently, with the publication properties in the city of Omaha, Douglas
of the Omaha Lead Superfund site and of this Notice of Intent for Partial County, Nebraska. The properties were
demonstrates how they meet the Deletion in the Federal Register, a contaminated as a result of deposition of
deletion criteria. notice is being published in a major aerial emissions from historic lead
II. NPL Deletion Criteria local newspaper, Omaha World Herald. smelting and refining operations. The
The newspaper announces the 30-day OLS encompasses the eastern portion of
The NCP establishes the criteria that the greater metropolitan area in Omaha,
public comment period concerning the
EPA uses to delete sites from the NPL. Nebraska. The site extends from the
Notice of Intent for Partial Deletion of
In accordance with 40 CFR 300.425(e), Douglas-Sarpy County line on the south,
the Site from the NPL.
sites may be deleted from the NPL north to Read Street and from the
where no further response is (6) The EPA placed copies of
Missouri River on the east to 56th Street
appropriate. In making such a documents supporting the proposed
on the west. The site is centered around
determination pursuant to 40 CFR partial deletion in the deletion docket,
downtown Omaha, Nebraska, where two
300.425(e), EPA will consider, in and made these items available for
former lead-processing facilities
consultation with the state, whether any public inspection and copying at the
operated. American Smelting and
of the following criteria have been met: site information repositories identified
Refining Company, Inc., or ASARCO,
i. Responsible parties or other persons above.
operated a lead refinery at 500 Douglas
have implemented all appropriate If comments are received within the Street in Omaha, Nebraska, for over 120
response actions required; 30-day comment period on this years. Aaron Ferer & Sons Company,
ii. all appropriate Fund-financed document, EPA will evaluate and and later Gould Electronics, Inc.,
response under CERCLA has been respond appropriately to the comments operated a lead battery recycling plant
implemented, and no further response before making a final decision to delete located at 555 Farnam Street. Both
action by responsible parties is the 101 residential parcels. If necessary, ASARCO and Aaron Ferer/Gould
appropriate; or EPA will prepare a Responsiveness facilities released lead-containing
iii. the remedial investigation has Summary to address any significant particulates into the atmosphere from
shown that the release poses no public comments received. After the their smokestacks. The lead particles
significant threat to public health or the public comment period, if EPA were subsequently deposited on
environment and, therefore, the taking determines it is still appropriate to surrounding residential properties.
of remedial measures is not appropriate. delete the 101 residential parcels of the Beginning in 1984, the Douglas
Pursuant to CERCLA section 121(c) Omaha Lead Superfund site, the County Health Department, or DCHD
and the NCP, EPA conducts five-year Regional Administrator will publish a monitored ambient air quality around
reviews to ensure the continued final Notice of Partial Deletion in the the ASARCO facility. This air
protectiveness of remedial actions Federal Register. Public notices, public monitoring routinely measured ambient
where hazardous substances, pollutants, submissions and copies of the air lead concentrations in excess of the
or contaminants remain at a site above Responsiveness Summary, if prepared, ambient air standard. Between 1972 and
levels that allow for unlimited use and will be made available to interested 1998 the DCHD measured the blood lead
unrestricted exposure. EPA conducts parties and included in the site level in children within the county. The
such five-year reviews even if a site is information repositories listed above. results of the measurements indicated a
deleted from the NPL. EPA may initiate high incidence of elevated blood lead
further action to ensure continued Deletion of a portion of a site from the
NPL does not itself create, alter, or level in children. Blood lead screening
protectiveness at a deleted site if new of children living in zip codes located
information becomes available that revoke any individual’s rights or
obligations. Deletion of a portion of a east of 45th Street consistently exceeded
indicates it is appropriate. Whenever 10 micrograms per deciliter (mg/dl) more
there is a significant release from a site site from the NPL does not in any way
frequently than children living
deleted from the NPL, the deleted site alter EPA’s right to take enforcement
elsewhere in the county.
may be restored to the NPL without actions, as appropriate. The NPL is
In 1998, the Omaha City Council
application of the hazard ranking designed primarily for informational
requested assistance from the EPA to
system. purposes and to assist EPA
address the high incidence of children
management. Section 300.425(e)(3) of found with elevated blood lead levels by
III. Deletion Procedures the NCP states that the deletion of a site the DCHD. In 1999, the EPA initiated an
The following procedures apply to from the NPL does not preclude investigation into the lead
deletion of the 101 residential parcels of eligibility for future response actions, contamination under the authority of
the Site: should future conditions warrant such CERCLA. On April 30, 2003, the OLS
(1) EPA consulted with the state actions. was listed on the NPL (68 FR 23077).
sradovich on DSK3GMQ082PROD with PROPOSALS

before developing this Notice of Intent IV. Background and Basis for Intended The OLS includes those residential
for Partial Deletion. Partial Site Deletion properties where EPA determined
(2) EPA has provided the state 30 through soil sampling that soil lead
working days for review of this action The following information provides levels represent an unacceptable risk to
prior to this publication. EPA’s rationale for deleting the 101 human health. Residential properties
(3) In accordance with the criteria residential parcels of the Omaha Lead where soil sampling indicates that lead
discussed above, EPA has determined Superfund site from the NPL, as concentrations in the soil are below a
that no further response is appropriate. previously identified. level that represent an unacceptable risk

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are not included in the Site. Residential • A child seven years of age or identified lead hazards in the Omaha
properties include those with high younger (0 to 84 months) residing at the community.
accessibility to sensitive populations property was identified with an elevated
Remedial Investigation/Feasibility Study
(children seven years of age and blood level, or EBL exceeding 15 mg/dl
(RI/FS)—Human Health Risk
younger [0 to 84 months] and pregnant (this EBL was reduced to 10 mg/dl in Assessment
or nursing women). The properties August 2001) and a soil sample
include single and multi-family collected from a non-foundation As part of the RI/FS EPA developed
dwellings, apartment complexes, child quadrant exhibited lead concentrations a Human Health Risk Assessment, or
daycare facilities, vacant lots in greater than 400 mg/kg, or HHRA for the site using site-specific
residential areas, schools, churches, • A property was a used as a child- information collected during the OLS
community centers, parks, greenways, care facility and a soil sample collected Remedial Investigation. Lead was
and any other areas where children may from a non-foundation quadrant identified as the primary contaminant of
be exposed to site-related contaminated exhibited a lead concentration greater concern. The HHRA also identified
media. Commercial and industrial than 400 mg/kg. arsenic as a potential contaminant of
properties are excluded from the On August 22, 2002, EPA initiated a concern, but arsenic was eliminated
definition of the Site. second removal action. This second based on its relatively low overall risk
The residential properties proposed removal action included all other to residents and lack of connection to
for deletion from the NPL site were residential type properties where the the release from the industrial sources
cleaned up under both CERCLA removal being addressed by this Superfund
maximum non-foundation soil lead
and remedial authority. Regardless of action.
concentration exceeded an action level
the authority used for the remediation of The risk assessment for lead focused
of 2,500 mg/kg. The 2002 Action on young children under the age of
yards, the cleanup levels for soils for all Memorandum explicitly identifies the
the properties proposed for deletion seven (0 to 84 months) who are site
possibility of lead-based paint as a residents. Young children are most
were the same. potential contributor to lead susceptible to lead exposure because
Response Actions contamination of soils within thirty they have higher contact rates with soil
The initial EPA response was inches of the foundation of a painted or dust, absorb lead more readily than
conducted under CERCLA removal structure. Due to the potential adults, and are more sensitive to the
authority. Due to the size of the site and contribution of deteriorating lead-based adverse effects of lead than are older
the very large number of individual paint near the foundations of structures, children and adults. The effect of
properties, it was necessary to prioritize a lead concentration greater than 400 greatest concern in children is
sites for cleanup. The prioritization was mg/kg in the soil in the drip zone (areas impairment of the nervous system,
based on factors such as the elevated near structure foundations) was not, in including learning deficits, reduced
blood level of children at each property itself, sufficient to trigger soil removal. intelligence, and adverse effects on
and the lead concentration in the soil at However, if a soil sample from any mid- behavior. The IEUBK model for lead in
each property. The result was a series of yard quadrant exceeded the action level, children was used to evaluate the risks
action levels that reflected the priority soil was removed from all areas of the posed to young children (0 to 84
of categories of sites. Consequently, the property exceeding the 400 mg/kg months) resulting from the lead
action level for the site changed over cleanup level, including the drip zone. contamination at the site. Because lead
time from 2,500 mg/kg to 400 mg/kg, as In November 2003, EPA amended the does not have a nationally-approved
the highest priority sites were cleaned second removal action to reduce the reference dose (RfD), cancer slope
up first. The cleanup level was action level to 1,200 mg/kg. In March factor, or other accepted toxicological
established using the Integrated 2004, EPA amended the second removal factor which can be used to assess risk,
Exposure Uptake Biokinetic, or IEUBK action to combine the two removal standard risk assessment methods
model to determine the concentration to actions. In March 2005, EPA amended cannot be used to evaluate the health
which the lead is cleaned up at each the removal action to reduce the action risks associated with lead
property within the site. The cleanup level from 1,200 mg/kg to 800 mg/kg. contamination. The modeling results
level for the OLS is 400 mg/kg of lead At properties determined to be determined that there was an
in the soil. The cleanup level of 400 eligible for response under either of the unacceptable risk to young children
mg/kg was selected to allow for Action Memoranda soil with lead from exposure to soils above 400 mg/kg.
unlimited use and unrestricted concentrations greater than the cleanup In October 2008, EPA released a draft
exposure. The cleanup level has not level was excavated and replaced with Final Remedial Investigation. Based on
changed, and all properties, regardless clean soil and the excavated areas were the 2008 data set, EPA established the
of the action level, were cleaned up to revegetated. boundary of the Final Focus Area for the
400 mg/kg. Beginning with the construction Site. The Final Focus Area is generally
season of 2005, the scope of the removal bounded by Read Street to the north,
Removal Activities action was expanded to address the 56th Street to the west, Harrison Street
Beginning in March 1999, the EPA requirements of the 2004 Interim ROD (Sarpy County line) to the south, and
began collecting soil samples from to include: (1) Stabilization of the Missouri River to the east, and
properties that provided licensed child deteriorating exterior lead-based paint at encompasses 17,280 acres (27.0 square
daycare services. The initial removal properties where the continued miles). By the time the Final Remedial
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action dated August 2, 1999, consisted effectiveness of the soil remediation was Investigation was completed, EPA had
of excavation and replacement of threatened; (2) response to interior dust collected soil samples from 37,076
contaminated soil where the lead at properties where interior dust lead residential properties, including 34,565
concentration exceeded the action levels levels exceeded applicable criteria; (3) properties within the Final Focus Area’s
identified in the Action Memorandum. public health education; and (4) boundary. In total, 34.2 percent of
Response actions were implemented at participation in a comprehensive properties sampled through completion
properties that met either of the remedy with other agencies and of the 2008 RI had at least one mid-yard
following criteria: organizations that addresses all sample with a soil lead level exceeding

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400 mg/kg. In addition to soil sampling, Stabilization of Deteriorating Exterior Health Education
EPA collected dust samples from the Lead-Based Paint There are a number of identified lead
interior of 159 residences to support the hazards within the OLS, not all of
OLS Human Health Risk Assessment. EPA used the lead-based paint
assessment protocol, presented in the which are connected to the contaminant
Record of Decision source of the OLS. To better address all
Final Lead-Based Paint
potential lead sources within the OLS,
EPA completed the Final Record of Recontamination Study Report prepared
a health education program was
Decision, or ROD for the OLS in May for the OLS, to determine eligibility for developed and continues to be
2009. The Remedial Action Objective is exterior lead-based paint stabilization at implemented to increase public
to reduce the risk of exposure of young those properties where soil lead awareness and mitigate exposure. An
children to lead such that an individual concentrations exceeded 400 mg/kg. At active educational program continues in
child, or group of similarly exposed those properties where the exterior lead- cooperation with agencies and
children, have no greater than a 5 based paint assessment identified a organizations that include ATSDR, the
percent chance of having a blood-lead threat from deteriorating paint to the Nebraska Department of Health and
concentration exceeding 10 mg/dl. The continued protectiveness of the soil Human Services, or NDHHS, DCHD,
selected remedy includes the following remedy, the owner of the property was local non-governmental organizations,
components: offered stabilization of painted surfaces and other interested parties. The
• Excavation and Replacement of Soils on structures located on the property. following, although not an exhaustive
Exceeding 400 mg/kg Lead Exterior lead-based paint stabilization is list, indicate the types of educational
• Stabilization of Deteriorating Exterior not mandatory and was provided to activities provided at the Site:
Lead-Based Paint those qualifying property owners who • Support for in-home assessments
• Response to Lead-Contaminated chose to have their exterior paint for children identified with elevated
Interior Dust stabilized. Removal of loose and flaking blood lead levels.
• Health Education lead-based paint was performed using • Development and implementation
lead-safe practices as described in EPA’s of lead poisoning prevention curriculum
• Operation of a Local Lead Hazard
Registry as a type of Institutional Renovate, Repair and Painting Rule. The in schools.
Control practices include wet scraping, and • Support for efforts to increase
collection of paint chips using plastic community-wide blood lead monitoring.
Each of these components is sheeting. Scraped areas were primed • Physicians’ education for diagnosis,
described below. and all previously painted surfaces had treatment, and surveillance of lead
two coats of paint applied. exposure.
Remedial Actions
• Operation of Public Information
Excavation and Replacement of Soils Response to Lead-Contaminated Interior Centers to distribute information, and
Exceeding 400 mg/kg Lead Dust respond to questions about the EPA
response activities and lead hazards in
Excavation of soils was accomplished As part of the final remedy, residents
the community.
using lightweight excavation equipment at eligible properties are provided the • Use of mass media (television,
and hand tools in the portions of the opportunity to have interior dust radio, internet, print media, etc.) to
yard where the concentration of lead in sampled. The interior dust response is distribute health education messages.
the surface soil exceeded 400 mg/kg. not mandatory, and the resident may • Development and distribution of
Excavation continued in all quadrants, choose to decline. If the property owner informational tools such as fact sheets,
play zones, and drip zone areas agrees, EPA collects samples of dust brochures, refrigerator magnets, etc., to
exceeding 400 mg/kg lead until the from interior surfaces. The analytical inform the public about lead hazards
residual lead concentration measured at data is provided to the resident/tenant and measures that can be taken to avoid
the exposed surface of the excavation in a letter and the letter informs them or eliminate exposure.
was less than 400 mg/kg in the upper whether any HUD criteria are exceeded.
foot, or less than 1,200 mg/kg at depths The DCHD conducts follow up activities Institutional Controls
greater than one foot. Typically, soil at any residence where the The Omaha Lead Registry, (available
excavation depths were between six and concentration of lead in the interior dust at www.omahalead.org) is a geographic
ten inches in depth. Soils in garden information system, or GIS, based
levels exceed the HUD criteria. For
areas were excavated until reaching a database that provides the public with
those residences that qualify and where
residual concentration of less than 400 on-line access to the status of the EPA
the resident agrees, the residents are
mg/kg in the upper two feet measured investigation and response actions. EPA
from the original surface, or less than provided with a high-efficiency
household vacuum cleaner, training on notifies residents and property owners
1,200 mg/kg at depths greater than two about the information that is available
feet. the maintenance and the importance of
proper usage of the vacuum, and through the lead hazard registry as part
After confirmation sampling verified of the transmittal sent at the completion
education on mitigation of household
that cleanup goals were achieved, the of soil remediation at each individual
excavated areas were backfilled with lead hazards. The DCHD also provides
training and education regarding the property.
clean soil to original grade and sod was
sradovich on DSK3GMQ082PROD with PROPOSALS

placed over the remediated areas. need to mitigate interior dust. Community Involvement
EPA’s remediation contractors Exterior lead-based paint stabilization EPA worked extensively with the
stockpiled contaminated soil in staging and interior dust response were Omaha community through a variety of
areas, collected samples, and conducted retroactively at properties communication vehicles including, but
subsequently transported soil to an off- where soil cleanups were performed not limited to: Local speaking
site subtitle D solid waste disposal under CERCLA removal authority, as engagements, participation in citizens’
landfill for use as daily cover and/or well as to properties addressed under groups and city council meetings, local
disposal. CERCLA remedial authority. public access television, public service

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Document Created: 2018-06-26 00:52:45
Document Modified: 2018-06-26 00:52:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; notice of intent.
Dates		Comments must be received on or before July 26, 2018.
Contact		Elizabeth Hagenmaier, Remedial Project Manager, Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7939, email: [email protected]
FR Citation		83 FR 29731
CFR Associated		Environmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply