2009-09-25_PERMIT FILE - M2009076 (42)

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THE REQUEST OF SEVERAL WHO ATTENDED THE PUBLIC MEETING, EPA EXTENDED THE PUBLIC COMMENT PERIOD ON THE OPERABLE UNIT NO. TWO FS TO DECEMBER 18, 1987 AND ASSURED CONCERNED INDIVIDUALS THAT LATE COMMENTS WOULD BE ACCEPTED UP UNTIL THE DECISION WAS MADE (LATE MARCH). WE OPERABLE UNIT NO. TWO RESPONSIVENESS SUMMARY CONTAINS THE OFFICIAL TRANSCRIPT OF THE PUBLIC TING, DESCRIBES IN MORE DETAIL THE NATURE AND LEVEL OF THE COMMUNITY'S CONCERN, AND INCLUDES EPA'S RESPONSES TO ALL COMMENTS RECEIVED DURING THE PUBLIC REVIEW OF THE OPERABLE UNIT NO. TWO FS. #ENF ENFORCEMENT A RESPONSIBLE PARTY SEARCH FOR THE CLEAR CREEK/CENTRAL CITY SUPERFUND SITE HAS BEEN INITIATED. THE SEARCH HAS REVEALED INFORMATION ON OWNERSHIP OF THE MINE TAILINGS AND WASTE ROCK PILES. AT THIS TIME, HOWEVER, THIS SEARCH HAS NOT BEEN COMPLETED. EPA DOES NOT FEEL THAT RESPONSE ACTIONS SHOULD BE DELAYED PENDING FINALIZATION OF THE RESPONSIBLE PARTY SEARCH. UPON FINALIZATION OF THE SEARCH, THE STATUS OF RESPONSIBLE PARTIES WILL BE DETERMINED AND EVALUATED AND, IF APPROPRIATE, EPA WILL FORMALLY NOTIFY THEM OF THE SELECTED REMEDY FOR OPERABLE UNIT NO. TWO AND WILL INITIATE NEGOTIATIONS FOR THE IMPLEMENTATION OF THE REMEDY. IF THE POTENTIALLY RESPONSIBLE PARTIES DO NOT FORMALLY COMMIT TO PERFORMING THE REMEDY IN A TIMELY MANNER, OR IF NO POTENTIALLY RESPONSIBLE PARTIES ARE FOUND, EPA WILL PROCEED WITH A FUND-FINANCED REMEDIAL DESIGN AND REMEDIAL ACTION AND WILL ATTEMPT TO RECOVER EPA'S RESPONSE COSTS FROM THE RESPONSIBLE PARTIES. IDENTIFICATION AND SCREENING OF ALTERNATIVES THE EPA EVALUATED POTENTIAL REMEDIAL ACTION ALTERNATIVES TO ABATE THE THREAT POSED BY CONTAMINATION FROM THE FIVE MINE TAILING AND WASTE ROCK PILES BY PROGRESSING THROUGH THE SERIES OF ANALYSES WHICH ARE OUTLINED IN THE NATIONAL CONTINGENCY PLAN (NCP), IN PARTICULAR, 40 CFR SECTION 300.68, THE INTERIM GUIDANCE ON SUPERFUND SELECTION OF REMEDY, DECEMBER 24, 1986, (OSWER DIRECTIVE NO. 9355.0-19) AND THE ADDITIONAL INTERIM GUIDANCE FOR FY '87 RECORDS OF DECISION, LY 24, 1987, (OSWER DIRECTIVE NO. 9355.0-21). THIS PROCESS, IN PART, ENABLES THE EPA TO RESS THE SARA SECTION 121 REQUIREMENTS OF SELECTING A REMEDIAL ACTION THAT IS PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT, THAT IS COST-EFFECTIVE, THAT ATTAINS FEDERAL AND STATE REQUIREMENTS THAT ARE APPLICABLE OR RELEVANT AND APPROPRIATE, AND THAT UTILIZES PERMANENT SOLUTIONS AND ALTERNATIVE TREATMENT TECHNOLOGIES OR RESOURCE RECOVERY TECHNOLOGIES TO THE MAXIMUM EXTENT PRACTICABLE. ADDITIONALLY, SARA SECTION 121 AND THE GUIDANCE DOCUMENTS REFERENCED ABOVE REQUIRE THAT EPA GIVE PREFERENCE TO REMEDIES WHICH EMPLOY TREATMENT WHICH PERMANENTLY AND SIGNIFICANTLY REDUCES THE MOBILITY, TOXICITY, OR VOLUME OF HAZARDOUS SUBSTANCES AS THEIR PRINCIPAL ELEMENT. THE SELECTION OF REMEDY PROCESS BEGINS BY IDENTIFYING CERTAIN SITE-SPECIFIC INFORMATION TO BE ASSESSED IN DETERMINING THE TYPES OF RESPONSE ACTIONS THAT WILL BE CONSIDERED FOR THE SITE. A GENERAL LIST OF SITE-SPECIFIC INFORMATION IS CONTAINED IN SECTION 300.68(E)(2) OF THE NCP. THIS LIST WAS USED TO IDENTIFY SPECIFIC SITE AND WASTE CHARACTERISTICS FOR OPERABLE UNIT NO. TWO OF THE CLEAR CREEK/CENTRAL CITY SITE. BASED UPON THESE SITE AND WASTE CHARACTERISTICS, THE EPA WAS ABLE TO REDUCE, FROM THE UNIVERSE OF MANY POSSIBLE RESPONSE ACTIONS, A SET OF RESPONSE ACTIONS AND ASSOCIATED TECHNOLOGIES TO BE CONSIDERED FOR OPERABLE UNIT NO. TWO. SECTION 121(B)(1) OF SARA REQUIRES THAT AN ASSESSMENT OF PERMANENT SOLUTIONS AND ALTERNATIVE TREATMENT TECHNOLOGIES OR RESOURCE RECOVERY TECHNOLOGIES THAT, IN WHOLE OR IN PART, WILL RESULT IN A PERMANENT AND SIGNIFICANT DECREASE IN THE TOXICITY, MOBILITY, OR VOLUME OF THE HAZARDOUS SUBSTANCE, POLLUTANT, OR CONTAMINANT BE CONDUCTED. THE ALTERNATIVE TREATMENT AND RESOURCE RECOVERY TECHNOLOGIES CONSIDERED INCLUDED CHEMICAL FIXATION AND REPROCESSING. THE NEXT STEP OF THE SELECTION OF REMEDY PROCESS IS ASSEMBLING THE TECHNOLOGIES AND/OR DISPOSAL OPTIONS INTO REMEDIAL ACTION ALTERNATIVES. PURSUANT TO OSWER DIRECTIVE NO. 9355.0-19, "INTERIM GUIDANCE ON SUPERFUND SELECTION OF REMEDY", REMEDIAL ACTION ALTERNATIVES WERE CONSIDERED RANGING a(OM THOSE THAT WOULD ELIMINATE THE NEED FOR LONG-TERM MANAGEMENT (INCLUDING MONITORING) AT THE E TO ALTERNATIVES INVOLVING TREATMENT THAT WOULD REDUCE MOBILITY, TOXICITY, OR VOLUME AS THEIR PRINCIPAL ELEMENT. REMEDIAL ACTION ALTERNATIVES DEVELOPED IN THIS WAY WILL VARY MAINLY IN THE DEGREE TO WHICH THEY RELY ON LONG-TERM SITE MANAGEMENT. FURTHER, A NO ACTION ALTERNATIVE WAS DEVELOPED AS REQUIRED BY SECTION 300.68(F)(1)(V) OF THE NCP.