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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6413-6]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Smuggler Mountain Superfund site

from the National Priorities List; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency, Region 8 announces its

intent to delete the Smuggler Mountain Superfund Site (Site) from the

National Priorities List (NPL) and requests public comment on this

proposed action. The NPL constitutes appendix B of 40 CFR part 300

which is the National Oil and Hazardous Substances Pollution

Contingency Plan (NCP), which EPA promulgated pursuant to section 105

of the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA) of 1980, as amended. EPA and the State of

Colorado (State) have determined that the Site as remediated poses no

significant threat to public health or the environment and, therefore,

further remedial measures pursuant to CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before

September 8, 1999.

ADDRESSES: Comments may be mailed to: Armando Saenz, Remedial Project

Manager, U.S. Environmental Protection Agency, Region 8, 999 18th

Street, Suite 500, Mail Stop EPR-SR, Denver, Colorado 80202-2466.

Comprehensive information on this Site is available through the public

docket which is available for viewing at the Smuggler Mountain

Superfund Site information repositories at the following locations:

Superfund Records Center, U.S. Environmental Protection Agency, Region

8, 999 18th Street, 5th Floor, Denver, Colorado 80202-2466, (303) 312-

6473. Hours of operation are 8:00 AM to 4:30 PM.

Aspen/Pitkin Environmental Health Department, 130 S. Galena Street,

Aspen, Colorado 81611, (970) 920-5070. Hours of operation are 8 AM to 5

PM.

FOR FURTHER INFORMATION CONTACT: Armando Saenz, Remedial Project

Manager, U.S. Environmental Protection Agency, Region 8, 999 18th

Street, Suite 500, Mail Stop EPR-SR, Denver, Colorado 80202-2466, (303)

312-6559.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Summary

I. Introduction

The Environmental Protection Agency (EPA), Region 8 announces its

intent to delete the Smuggler Mountain Superfund Site (Site) located in

Aspen, Colorado from the National Priorities List (NPL), appendix B of

the National Oil and Hazardous Substances Pollution Contingency Plan

(NCP), 40 CFR part 300, and requests comments on this deletion. EPA

identifies sites that appear to present a significant risk to public

health, welfare, or the environment and maintains the NPL as a list of

these sites. As described in Sec. 300.425(e)(3) of the NCP, sites

deleted from the NPL remain eligible for remedial actions in the

unlikely event that conditions at the site warrant such action.

EPA will accept comments on this proposed deletion for thirty days

following 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 Smuggler Mountain Superfund

Site and explains how the Site meets the deletion criteria. Section V

summarizes this document.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP provides that releases may be deleted

from the NPL where no further response is appropriate. In making a

determination to delete a release from the NPL, EPA shall consider, in

consultation with the state, whether any of the following criteria have

been met:

(i) Responsible parties or other parties have implemented all

appropriate response actions required;

(ii) All appropriate Fund-financed responses under CERCLA have been

implemented, and no further 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, taking remedial measures is not appropriate.

Even if a site is deleted from the NPL, where hazardous substances,

pollutants, or contaminants remain at the site above levels that allow

for unlimited use and unrestricted exposure, EPA will conduct a five-

year review of the site five years after the initiation of the remedial

action to ensure that the site remains protective of public health and

the environment. A statutory five-year review was completed at this

site on November 11, 1997. In the case of this Site, the selected

remedy is protective of human health and the environment. A subsequent

five-year review will be completed prior to November 11, 2002. If new

information becomes available which indicates a need for further

action, EPA may initiate remedial actions. Whenever there is a

significant release from a site deleted from the NPL, the site may be

restored to the NPL without the application of the Hazard Ranking

System.

III. Deletion Procedures

The following procedures were used for the intended deletion of

this Site: (1) EPA Region 8 has recommended deletion of the Smuggler

Site and has prepared the relevant documents; (2) The State of Colorado

has concurred with EPA's intent to delete the Smuggler Site; (3)

Concurrent with this Notice of Intent to Delete, a notice has been

published in local newspapers and has been distributed to appropriate

Federal, State and local officials, and other interested parties

announcing the commencement of a 30-day public comment period on EPA's

Notice of Intent to Delete; and, (4) The Region has made all relevant

documents available in the Regional Office and local Site information

repositories.

Deletion of the Site from the NPL does not in itself create, alter,

or revoke any

[[Page 43130]]

individual's rights or obligations. The NPL is designed primarily for

informational purposes and to assist Agency management. As mentioned in

section II of this document, Sec. 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 Site conditions warrant such

action.

Prior to deletion of this Site, EPA's Regional Office will accept

and evaluate public comments on EPA's Notice of Intent to Delete before

making a final decision to delete. If necessary, the Agency will

prepare a Responsiveness Summary to address any significant comments

received.

A deletion occurs when the Regional Administrator places a final

notice in the Federal Register. Generally, the NPL will reflect

deletions in the final update following the notice.

IV. Basis for Intended Site Deletion

The following summary provides EPA's rationale for recommending

deletion of the Smuggler Mountain Superfund Site.

A. Site Background

The Smuggler Mountain Superfund Site is located in northeastern

Aspen, Pitkin County, Colorado. It is in the Roaring Fork River valley,

on the southwestern flank of Smuggler Mountain. The Site is largely

developed, containing large and small condominiums, mobile home parks,

a tennis club and numerous single family residences. The Site was

placed on the National Priorities List (NPL) on June 10, 1986 (51 FR

21073).

Soil analyses in the early 1980's, conducted first by residents and

later by EPA and the Potentially Responsible Parties (PRP's),

identified concentrations of lead as high as 46,000 parts per million

(ppm), well above EPA's cleanup level of 1,000 ppm. Elevated levels of

cadmium were also found in the soils of the site. The sources of the

lead and cadmium are the waste rock and tailings (mine wastes) from the

mines on Smuggler Mountain. These wastes are exposed, covered or mixed

with native soils across the site.

The Site has been divided into two study areas or Operable Units

(OUs)--OU1 and OU2. OU1 is mainly a residential area on the

northeastern edge of the town of Aspen and covers approximately 300

acres. OU2 includes the mine site on the upward slope of Smuggler

Mountain just north of OU1 and covers approximately 25 acres.

Three mine waste dumps, containing an estimated 22,000 cubic yards

of mine wastes, are located on the mine site. Potential future mining

activities at OU 2 are expected to produce as much as 2,100 cubic yards

of additional waste rock per year. These wastes will be placed on the

existing dumps. The mine site dumps can accommodate the projected

quantities of waste for the projected life of the mine without

significantly changing the character of the dumps.

B. Early Actions Performed

A number of investigations have been undertaken at the site. An EPA

Field Investigation Team sampled the site in 1983. This study was the

result of a request by Pitkin County to characterize any human or

environmental threat posed by abandoned mine tailings in the northeast

quarter of the Aspen townsite.

Another study was sponsored by Western Slope Development Company on

behalf of the Hunter Creek Condominiums, and a plan for surface

covering and revegetation was developed for the areas surrounding the

development (1985). Similar studies were conducted by other condominium

developments in the area. In July 1985, discussions were held between a

number of potentially responsible parties and EPA resulting in a

Remedial Investigation/Feasibility Study (RI/FS). The RI/FS was

conducted by Fred C. Hart Associates, Inc.

C. Remedial Investigation/Feasibility Study (RI/FS)

The RI/FS Report was finished and released in March 1986.

Environmental protection goals and remedial objectives used to analyze

potential remedial alternatives called for an isolation of the source

of the contamination (lead in mine wastes) to prevent direct contact

and the distribution of windblown dusts. The recommended remedial

action from the selection of two alternatives was surface sealing

(capping) and grading. An RI/FS Addendum for OU 2 was issued on May 7,

1986, to characterize the nature and extent of contamination and

determine the appropriate extent of remedy at the Smuggler-Durant Mine

Site.

The contaminants of concern at the Smuggler site are primarily lead

and cadmium in soils. Lead and cadmium are hazardous substances within

the meaning of CERCLA section 101(14), 42 U.S.C. 9604(14). Potential

and/or actual routes of exposure are direct ingestion of contaminated

soils and inhalation of wind blown dust.

There are no surface water sources on or flowing through the area.

Nor are there any significant gullies entering or leaving the area.

Thus, there is little opportunity for exposure to potentially

contaminated runoff. Additionally, there are no known threatened or

endangered wildlife or plant species inhabiting the site.

D. ROD & ESD Findings & Cleanup Activities Performed

In September 1986, a Record of Decision (ROD) was issued that

divided the Site into two OUs. The OU 1 remedy was modified by several

Explanations of Significant Differences (ESDs), the last of which was

dated June, 1993. OU 1 is mostly residential. The remedy selected in

the ROD was solely for OU 1, but OU 2 was briefly discussed. The mine

site (OU 2) is not developed for residential use, but does include the

Smuggler Mine on Smuggler Mountain. OU 2 is an ongoing mining operation

and operations are expected to continue for the next 25-30 years and

perhaps indefinitely. The remedy selection for OU 2 was documented in

an Action Memorandum.

Operable Unit 1. During the OU1 Remedial Design (RD), additional

technical information showed that the OU 1 remedy was not implementable

due to the unexpectedly high volume of soils. The ROD was modified in

the March 1989 ESD. This ESD described a plan to remove the top two

feet of soils containing more than 1,000 ppm lead in the residential

areas, an additional on-site repository for the extra volume of soil,

and institutional controls to ensure the permanence of the remedy.

However, the Aspen community found this remedy unacceptable and the

plan was put on hold pending further investigation.

The Aspen community submitted an alternative proposal to EPA which

resulted in a second ESD issued in May 1990. The May 1990 ESD included

a greater reliance on Institutional Controls (ICs) and removal of 6

inches of contaminated soil in the Hunter Creek and Centennial

Condominium areas. For individual properties, the protective cover of

clean soil, placed over contaminated areas, would be reduced from two

feet to a geotextile liner overlain with one foot of clean soil. Pitkin

County adopted ICs in May, 1991, but they were repealed based upon

citizen concerns about the need for any remedy at all.

EPA issued a Minor Modification to the remedy in October of 1991

that recognized that landowners could implement land use controls

rather than local government. The modification provided for

implementation of ICs by the adoption and enforcement of local

ordinances by Pitkin County or the City of Aspen, by compliance with

EPA approved Operation and Maintenance

[[Page 43131]]

plans by private parties or by the use of EPA's enforcement authority.

Some citizens contended that the cleanup, with heavy equipment and

dust, would be more hazardous than living with the health risk at the

Site. To address the community's concerns, an independent panel, called

a Technical Advisory Committee (TAC), was convened in October of 1992.

The TAC included six nationally recognized lead experts and three

technical advisors. It released a final report in January 1993. The

June 1993 ESD was based on the TAC report.

The June 1993 ESD modified the ROD and previous ESDs. The OU 1

actions were to be implemented through a Partial Consent Decree with

Pitkin County filed with the United States District Court for the

District of Colorado on March 24, 1995, for civil action No. 89-C-1802.

The final OU 1 remedy selected and ultimately implemented was: (1) The

Pitkin County Health Department agreed to a blood lead surveillance

program for young children and implemented an indoor dust sampling

program over a two year period; (2) The berm area was to be capped with

clean soil and revegetated. Other common-use areas of exposed mine

waste, including Mollie Gibson Park, were to be covered, revegetated

and monitored; (3) Vegetable gardens were required to be planted in at

least 12 inches of clean soil; and (4) The Aspen/Pitkin Environmental

Health Department was required to evaluate site construction projects

or land use changes to determine whether they present a threat of soil

exposure to young children.

The ESD also stated that groundwater monitoring would cease and

that a ground-water corrective action was not necessary. Site

conditions suggested that the groundwater contamination identified

earlier was due to the high natural metals content in the soils, or the

result of well materials and ultimately not a health threat.

EPA was also to make a final determination regarding remediation of

the OU 1 residential soils based on EPA's review of completed lead

speciation, bioavailability, and blood lead monitoring studies. Please

see the ``Monitoring Results'' section.

Operable Unit 2. An Engineering Evaluation/Cost Analysis (EE/CA)

was conducted for OU2 to determine the necessary removal actions. The

EE/CA was completed on January 25, 1995 and stated the following

removal objectives: abate the threat of direct contact with lead

contaminated soils and waste rock in mine waste dumps; abate the threat

of inhalation of contaminated dust; abate the threat of migration of

contamination via air and surface water; and attain applicable or

relevant and appropriate requirements (ARARS).

The removal actions, outlined in an Action Memorandum dated April

19, 1995, were eventually made part of an Administrative Order on

Consent with the mine owners in May 1995. An Action Memorandum was used

because of the simplicity of the response action. The removal action

selected in the OU2 Action Memorandum included the following: (1)

Regrading a part of mine dump #2 to drain back into the mountain; (2)

Cribbing the unstable, if any, portions of the toe of Dump #2. (This

has turned out to be unnecessary.); (3) Regrading the lower parking

area to drain back into the mountain; (4) Controlling dust emissions

from dirt roads and the parking area by periodic spraying of a

magnesium chloride dust suppressant solution; and (5) Extending the

existing fence to restrict entry to the lower portion of the mine site.

All of the work was completed by September 1996, except for the second

activity. The toe of Dump #2 was not unstable, therefore cribbing was

not necessary.

E. Protectiveness

Monitoring Results. Under the OU 1 June 1993 ESD, EPA was to make a

final determination regarding remediation of the OU 1 residential soils

based on EPA's review of completed lead speciation, bioavailability,

and blood lead monitoring studies. The results of the soil

bioavailability study may be found in the May 1996 preliminary report,

``Bioavailability Of Lead In Soil Samples From The Smuggler Mountain

NPL Site Aspen, Colorado.'' This study showed that bioavailability of

predominately lead carbonate was near the EPA default of 30% (absolute)

which further substantiated the need for a blood lead assessment to

help ascertain potential future risks.

In 1996, the Pitkin County Health Department's contractor, the

University of Cincinnati (UC), and EPA Region 8 designed a biological

and environmental sampling study to identify blood lead levels in

children associated with lead levels found in the children's play

environment. This biomonitoring study was recommended by the TAC and

included in the 1993 ESD. Children between the ages of 1 and 7 years

were identified who lived in the more contaminated yards, and venous

blood samples were obtained. At the same time the biological samples

were obtained, environmental samples were taken (indoor and exterior

dust, soil, water, and hand-wipes from the children).

To complete the requirement of identifying all pertinent facts

surrounding the demographic element for the study, a survey was created

to document all variables that might affect the results found in the

blood study. In other words, all major sources and factors that might

impact the blood lead levels found in the children were identified.

The schedule of events focused on obtaining the biological and

environmental samples in the late Summer and early Fall of 1996 (and

was partially repeated in the early Fall of 1997). This was done to

optimize the time when the children had been exposed to their outside

environment, and to maximize the level of lead they had obtained

throughout the summer.

The final report summarizing the results of the blood lead study

and incorporating data from previous studies was completed in October

1998. The report, titled ``Blood Lead Surveillance and Exposure of

Young Children to Elevated Soil Lead at the Smuggler Superfund Site,

Aspen, CO--Final Report,'' was prepared by UC.

Additional analyses of the study were conducted by EPA Region 8

toxicologist. These findings can be found in a report titled ``Further

Assessment of Risks from Exposure to Lead in Soils at the Smuggler

Superfund Site, Aspen, CO, Using a Weight of Evidence Approach,'' EPA

Region 8, Denver, CO, May 1999 (Gerry Henningsen, Region 8

Toxicologist).

Both reports conclude that children living on the Site are not at

unacceptable risk due to exposure to lead in the soil. Although

environmental lead levels are slightly elevated, and the EPA IEUBK

modeling indicates some potential risk to children who are in contact

with this lead, repeated screening of children shows no impact of this

exposure on blood lead levels of children at the Site. Consequently,

EPA has concluded that further remediation of the OU 1 soils is not

needed to adequately protect human health.

O&M Assurances. The OU 1 Operations and Maintenance Plan (O&M Plan)

is represented in its entirety by the Institutional Controls (ICs)

enacted for OU1 under the Consent Decree. After the signing of the

Consent Decree, Pitkin County proposed amendments to the Pitkin County

Code to enact ICs (Land Use Restrictions) for the Site. These ICs were

reviewed and approved by EPA and enacted by the City of Aspen and

Pitkin County to restrict the movement of contaminated soils in and

from the Site and to aid in preserving the

[[Page 43132]]

integrity of the remedy constructed at the Site.

With the OU 1 Consent Decree, The Aspen/Pitkin Environmental Health

Department has assured EPA and the State that all necessary ICs are in

full force and effect within the Site boundary. The Consent Decree also

includes reopeners in the event that the County were to repeal or

disregard these ordinances. A Five-year Review conducted by EPA and

completed on November 7, 1997, confirmed that these controls are in

force and that the program is working.

A recent amendment to the OU 2 AOC has provided EPA and the State

with indefinite O&M assurances. As stated in the AOC Amendment, the O&M

Plan, as defined by the EE/CA, Action Memorandum and original workplan,

will provide for maintenance of runoff control, dust control,

restricted site access and site reclamation measures. This O&M Plan

will become effective upon the termination of the permit with the

Colorado Mined Land Reclamation Board and will be implemented by the

PRP, Wright and Preusch Mining, LTD.

F. Community Relations

Community outreach at the Smuggler Mountain Superfund Site

included: timely information about the Superfund process, ongoing

communications, and opportunities for community participation in the

decision-making process for the Site remedy. Specific activities

included monitoring community concerns, preparation and mailing of fact

sheets, coordination of community meetings and providing communication

between EPA, the community and Pitkin County (and the other PRPs).

EPA's outreach efforts to meet community needs and interests resulted

in integral participation by the Aspen community and periodic

revision(s) to the Site remedy.

V. Summary

The responsible parties have implemented all appropriate response

actions required to sufficiently protect human health and the

environment. Reports on lead speciation, bioavailability, and blood

lead monitoring studies have concluded that children living on the Site

are not at unacceptable risk due to exposure to lead in the soil. Also,

this Site meets all the site completion requirements as specified in

Close Out Procedures for National Priorities List Sites (OSWER

Directive 9320.2-09). Further, O&M of the Site is assured via the OU 1

Consent Decree and the OU 2 AOC and AOC Amendment.

Because hazardous substances will remain at the site, EPA will

conduct periodic inspections of the site to ensure that the remedy

remains protective of human health and the environment. EPA is required

to conduct such reviews under section 121(c) of CERCLA and the NCP.

EPA, with the concurrence of the State of Colorado, has determined

that all appropriate response actions required by CERCLA at the

Smuggler Mountain Site have been completed, and that no further cleanup

by responsible parties is appropriate.

Dated: July 27, 1999.

Jack W. McGraw,

Acting Regional Administrator, Region 8.

[FR Doc. 99-20199 Filed 8-6-99; 8:45 am]

BILLING CODE 6560-50-P