National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Omaha Lead Superfund Site, 65315-65319 [2016-22877]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Proposed Rules]
[Pages 65315-65319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22877]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9952-80-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 7 is 
issuing a Notice of Intent to Delete 294 residential parcels of the 
Omaha Lead, Superfund Site (Site) located in Omaha, Nebraska, from the 
National Priorities List (NPL) and requests public comments on this 
proposed action. The NPL, promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980, as amended, is an appendix of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the 
State of Nebraska, through the Nebraska Department of Environmental 
Quality, determined that all appropriate Response actions under CERCLA 
were completed at the identified parcels. However, this deletion does 
not preclude future actions under Superfund.
    This partial deletion pertains to 294 residential parcels. The 
remaining parcels will remain on the NPL and are not being considered 
for deletion as part of this action.

DATES: Comments must be received on or before October 24, 2016.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2003-0010, by one of the following methods: https://www.regulations.gov; by email to kemp.steve@epa.gov or 
freeman.tamara@epa.gov; or by mail to U.S. Environmental Protection 
Agency Region 7, 11201 Renner Boulevard, Lenexa, KS 66219 Attention: 
Steve Kemp, SUPR Division or Tamara Freeman, ECO Office. For comments 
submitted to Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For any manner of submission, the EPA may 
publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    The docket contains the information that was the basis for the 
partial deletion, specifically the documentation regarding the results 
of soil cleanup activities. Information regarding the optional 
voluntary cleanup activities such as the lead-based paint stabilization 
and interior dust sampling is not provided in the docket but is 
available from EPA on a case-by-case basis. Certain other material, 
such as copyrighted material, will be publicly available only in the 
hard copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at the 
Region 7 Records Center/docket at 11201 Renner Boulevard, Lenexa, 
Kansas 66219. The Omaha public libraries also have computer resources 
available to assist the public. The W. Dale Clark Library, located at 
215 S. 15th Street, Omaha, NE 68102 is centrally located within the 
site boundary.

FOR FURTHER INFORMATION CONTACT: Steve Kemp, Remedial Project Manager, 
U.S. Environmental Protection Agency, Region 7, SUPR/LMSE, 11201 Renner 
Boulevard, Lenexa, KS 66219, telephone (913) 551-7194, email: 
kemp.steve@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Background and Basis for Intended Partial Site Deletion

I. Introduction

    EPA Region 7 is proposing to delete 294 residential parcels of the 
Omaha

[[Page 65316]]

Lead Superfund site (Site), from the National Priorities List (NPL) and 
is requesting public comment on this proposed action. The table of 294 
Properties Proposed for the Second Partial Deletion of Properties from 
the Omaha Lead Superfund site 2016 (EPA-HQ-SFUND-2003-0010-1849) 
identifies specific properties included for this proposed partial 
deletion. The location of the 294 properties are shown on Figure 1 
``2016 Partial Deletion Omaha Lead Site'' (EPA-HQ-SFUND-2003-0010-
1848). The NPL constitutes appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which EPA promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 
1980, as amended. EPA maintains the NPL as those sites that appear to 
present a significant risk to public health, welfare, or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (Fund). This partial 
deletion of the Omaha Lead Superfund site is proposed in accordance 
with 40 CFR 300.425(e) and is consistent with the Notice of Policy 
Change: Partial Deletion of Sites Listed on the National Priorities 
List. 60 FR 55466 (November 1, 1995). As described in 300.425(e)(3) of 
the NCP, a portion of a site deleted from the NPL remains eligible for 
Fund-financed remedial action if future conditions warrant such 
actions.
    EPA will accept comments on the proposal to partially delete this 
site for thirty (30) days after publication of this document in the 
Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the 294 residential parcels of 
the Omaha Lead Superfund Site and demonstrates how they meet the 
deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.

III. Deletion Procedures

    The following procedures apply to deletion of the 294 residential 
parcels of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent for Partial Deletion.
    (2) EPA has provided the state 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of Nebraska, through the Nebraska Department of 
Environmental Quality, has concurred with the deletion of the 294 
residential parcels of the Omaha Lead Superfund site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in a major local newspaper, Omaha World Herald. The newspaper announces 
the 30-day public comment period concerning the Notice of Intent for 
Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket, and made these items available 
for public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the 294 residential parcels. 
If necessary, EPA will prepare a Responsiveness Summary to address any 
significant public comments received. After the public comment period, 
if EPA determines it is still appropriate to delete the 294 residential 
parcels of the Omaha Lead Superfund site, the Regional Administrator 
will publish a final Notice of Partial Deletion in the Federal 
Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for future 
response actions, should future conditions warrant such actions.

IV. Background and Basis for Partial Site Deletion

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

Site Background and History

    The Omaha Lead Site (OLS or Site [CERCLIS ID #NESFN0703481]) 
includes surface soils present at residential properties, child-care 
centers, and other residential-type properties in the city of Omaha, 
Douglas County, Nebraska. The properties were contaminated as a result 
of deposition of aerial emissions from historic lead smelting and 
refining operations. The OLS encompasses the eastern portion of the 
greater metropolitan area in Omaha, Nebraska. The site extends from the 
Douglas-Sarpy County line on the south, north to Read Street and from 
the Missouri River on the east to 56th Street on the west. The Site is 
centered around downtown Omaha, Nebraska, where two former lead-
processing facilities operated. American Smelting and Refining Company, 
Inc. (ASARCO) operated a lead refinery at 500 Douglas Street in Omaha, 
Nebraska, for over 120 years. Aaron Ferer & Sons Company (Aaron Ferer), 
and later Gould Electronics, Inc., (Gould) operated a lead battery 
recycling plant located at 555 Farnam Street. Both ASARCO and Aaron 
Ferer/Gould facilities released lead-containing particulates into the 
atmosphere from their smokestacks. The lead particles were subsequently 
deposited on surrounding residential properties.
    Beginning in 1984, the Douglas County Health Department (DCHD) 
monitored ambient air quality around the ASARCO facility. This air 
monitoring routinely measured ambient air lead concentrations in excess 
of the ambient air standard. Between 1972 and 1998 the DCHD measured 
the blood lead level in children within the county. The results of the 
measurements indicated a high incidence of elevated blood lead level in 
children. Blood lead screening of children living in zip codes located 
east of 45th Street have consistently

[[Page 65317]]

exceeded the 10 microgram per deciliter ([mu]g/dl) health-based 
threshold more frequently than children living elsewhere in the county.
    In 1998, the Omaha City Council requested assistance from the EPA 
to address the high incidence of children found with elevated blood 
lead levels by the DCHD. In 1999, the EPA initiated an investigation 
into the lead contamination under the authority of Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA). On 
April 30, 2003, the OLS was listed on the NPL (68 FR 23094).
    The OLS includes those residential properties where EPA determines 
through soil sampling that soil lead levels represent an unacceptable 
risk to human health. Residential properties where soil sampling 
indicates that lead concentrations in the soil are below a level that 
represent an unacceptable risk are not included in the Site. 
Residential properties include those with high accessibility to 
sensitive populations (children seven years of age and younger [0 to 84 
months] and pregnant or nursing women). The properties include single 
and multi-family dwellings, apartment complexes, child daycare 
facilities, vacant lots in residential areas, schools, churches, 
community centers, parks, greenways, and any other areas where children 
may be exposed to site-related contaminated media. Commercial and 
industrial properties are excluded from the definition of the Site.
    The residential properties proposed for deletion from the NPL site 
were cleaned up under both CERCLA removal and remedial authority. 
Regardless of the authority used for the remediation of yards, the 
cleanup levels for soils for all the properties proposed for deletion 
were the same.

Response Actions

    The initial EPA response was conducted under CERCLA removal 
authority. Due to the size of the site and the very large number of 
individual properties, it was necessary to prioritize sites for clean 
up. The prioritization was based on factors such as the elevated blood 
level of children at each property and the lead concentration in the 
soil at each property. The result was a series of action levels that 
reflected the priority of categories of sites. Consequently, the action 
level for the site changed over time from 2500 mg/kg to 400 mg/kg, as 
the highest priority sites were cleaned up first. The cleanup level was 
established using the Integrated Exposure Uptake Biokinetic (IEUBK) 
model to determine the concentration to which the lead is cleaned up at 
each property within the site. The cleanup level for the OLS is 400 mg/
kg of lead in the soil. The cleanup level of 400 mg/kg was selected to 
allow for unlimited use and unrestricted exposure. The cleanup level 
has not changed, and all properties, regardless of the action level, 
were cleaned up to 400 mg/kg.

Removal Activities

    Beginning in March 1999, the EPA began collecting soil samples from 
properties that provided licensed child daycare services. The initial 
removal action dated August 2, 1999, consisted of excavation and 
replacement of contaminated soil where the lead concentration exceeded 
the action levels identified in the Action Memorandum. Response actions 
were implemented at properties that met either of the following 
criteria:
     A child seven years of age or younger (0 to 84 months) 
residing at the property was identified with an elevated blood level 
(EBL) exceeding 15 [mu]g/dl (this EBL was reduced to 10 [mu]g/dl in 
August 2001) and a soil sample collected from a non-foundation quadrant 
exhibited lead concentrations greater than 400 mg/kg, and
     A property was used as a child-care facility and a soil 
sample collected from a non-foundation quadrant exhibited a lead 
concentration greater than 400 mg/kg.
    On August 22, 2002, EPA initiated a second removal action. This 
second removal action included all other residential type properties 
where the maximum non-foundation soil lead concentration exceeded an 
action level of 2,500 mg/kg. The 2002 Action Memorandum explicitly 
identifies the possibility of lead-based paint as a potential 
contributor to lead contamination of soils within thirty inches of the 
foundation of a painted structure. Due to the potential contribution of 
deteriorating lead-based paint near the foundations of structures, a 
lead concentration greater than 400 mg/kg in the soil in the drip zone 
(areas near structure foundations) was not, in itself, sufficient to 
trigger soil removal. However, if a soil sample from any mid-yard 
quadrant exceeded the action level, soil was removed from all areas of 
the property exceeding the 400 mg/kg cleanup level, including the drip 
zone. In November 2003, EPA amended the second removal action to reduce 
the action level to 1,200 mg/kg. In March 2004, EPA amended the second 
removal action to combine the two removal actions. In March 2005, EPA 
amended the removal action to reduce the action level from 1200 mg/kg 
to 800 mg/kg.
    At properties determined to be eligible for response under either 
of the Action Memoranda soil with lead concentrations greater than the 
cleanup level was excavated and replaced with clean soil and the 
excavated areas were revegetated.
    Beginning with the construction season of 2005, the scope of the 
removal action was expanded to address the requirements of the 2004 
Interim ROD to include: (1) Stabilization of deteriorating exterior 
lead-based paint at properties where the continued effectiveness of the 
soil remediation was threatened; (2) response to interior dust at 
properties where interior dust lead levels exceeded applicable 
criteria; (3) public health education; and (4) participation in a 
comprehensive remedy with other agencies and organizations that 
addresses all identified lead hazards in the Omaha community.
Remedial Investigation/Feasibility Study (RI/FS)--Human Health Risk 
Assessment
    As part of the RI/FS EPA developed a Human Health Risk Assessment 
(HHRA) for the Site using site-specific information collected during 
the OLS Remedial Investigation. Lead was identified as the primary 
contaminant of concern. The HHRA also identified arsenic as a potential 
contaminant of concern, but arsenic was eliminated based on its 
relatively low overall risk to residents and lack of connection to the 
release from the industrial sources being addressed by this Superfund 
action.
    The risk assessment for lead focused on young children under the 
age of seven (0 to 84 months) who are site residents. Young children 
are most susceptible to lead exposure because they have higher contact 
rates with soil or dust, absorb lead more readily than adults absorb, 
and are more sensitive to the adverse effects of lead than are older 
children and adults. The effect of greatest concern in children is 
impairment of the nervous system, including learning deficits, reduced 
intelligence, and adverse effects on behavior. The IEUBK model for lead 
in children was used to evaluate the risks posed to young children (0 
to 84 months) resulting from the lead contamination at the site. 
Because lead does not have a nationally-approved reference dose (RfD), 
cancer slope factor, or other accepted toxicological factor which can 
be used to assess risk, standard risk assessment methods cannot be used 
to evaluate the health risks associated with lead contamination. The 
modeling results

[[Page 65318]]

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

Development and distribution of informational tools such as fact 
sheets, brochures, refrigerator magnets, etc., to inform the public 
about lead hazards and measures that can be taken to avoid or eliminate 
exposure.

[[Page 65319]]

Institutional Controls
    The Omaha Lead Registry, (available at www.omahalead.org) is a GIS 
based database that provides the public with on-line access to the 
status of the EPA investigation and response actions. EPA notifies 
residents and property owners about the information that is available 
through the lead hazard registry as part of the transmittal sent at the 
completion of soil remediation at each individual property.
Community Involvement
    EPA worked extensively with the Omaha community through a variety 
of communication vehicles including, but not limited to: Local speaking 
engagements, participation in citizens' groups and city council 
meetings, local public access television, public service announcements 
on local cable television, coverage on radio, television, in local and 
national newspapers, mass mailings of informational materials, public 
outreach by telephone, conducting public meetings, and through the EPA 
Web site.
    EPA has been performing outreach to Omaha citizens, elected 
officials, school officials, health officials, the media, nonprofit 
groups, and others since becoming involved in the project in an effort 
to convey information about the hazards of lead poisoning, particularly 
the ways that lead affects the health of children. The EPA participated 
in numerous formal and informal meetings to explain EPA's role and 
commitment in Omaha, convey information about the Superfund process, 
and provide general information about the site and lead contamination. 
EPA responds to inquiries on a daily basis regarding the site and 
individual property owner's sampling results.
    In January 2004, a Community Advisory Group (CAG) was formed for 
the OLS site. A CAG is a committee, task force, or board made up of 
residents affected by a Superfund site. They provided a public forum 
where representatives with diverse community interests could present 
and discuss their needs and concerns related to the site and the 
cleanup process. The CAG was discontinued after the last meeting was 
held in October 2011. A new group, Child Lead Poisoning Prevention 
Group, formed. The first meeting of the Child Lead Poisoning Group was 
held at City Hall in May 2012. The Group is no longer active.
Five-Year Review
    EPA completed the first Five-Year Review for the site in September 
2014. Five-Year Reviews for the site are statutory. The triggering 
action for the Five-Year Review is the completion of the Final Record 
of Decision for Operable Unit 2, completed in May 2009.
    The protectiveness of the remedy was deferred in the Five-Year 
Review because the remedy has not been completed at all of the 
properties within the site boundary. However, clean up activities at 
the 294 residential parcels included in this partial deletion action 
are complete and protective of human health.
    The next Five-Year Review will be completed in 2019.
Summary of EPA Work Completed
Soil Testing and Remediation
    EPA Region 7 completed the EPA lead portion of the remedial action 
on December 29, 2015. The City of Omaha and the Douglas County Health 
Department will be performing the remaining field work. As of December 
29, 2015, EPA collected soil samples from 42,047 properties. There are 
489 remaining properties to be sampled. The EPA has obtained access to 
collect samples from 163 of the 489 properties.
    Based on the soil sampling results, 14,019 properties were eligible 
for soil remediation. The EPA remediated lead contaminated soil at 
13,090 properties (93 percent) of the properties that were eligible for 
remediation. There are approximately 929 remaining properties that are 
eligible for soil remediation. The EPA obtained access to remediate 
fifty-one of the remaining properties.
Lead-Based Paint Testing and Stabilization
    The EPA tested 12,057 properties for the presence of lead-based 
paint (LBP) and determined 6,782 properties qualified for LBP 
stabilization. The EPA has completed LBP stabilization on 6,249, (92 
percent) of the eligible properties.
Dust Sampling
    The EPA collected dust samples from 3,933 properties consisting of 
4,477 residences for lead contaminated dust. These numbers reflect the 
fact that some of the properties are multi-residence properties.
Continuing Remedial Action
    EPA completed Cooperative Agreements with the City of Omaha and the 
Douglas County Health Department that provide funds to allow these 
local government agencies to continue efforts to obtain access to the 
remaining properties and conduct sampling and remediation activities at 
those properties where they obtain access.
Determination That the Criteria for Deletion Has Been Achieved
    In accordance with 40 CFR 300.425(e), Region 7 of the EPA finds 
that the 294 residential parcels of the Omaha Lead Superfund site (the 
subject of this deletion) meet the substantive criteria for deletion 
from the NPL. EPA has consulted with and has the concurrence of the 
State of Nebraska.
    All responsible parties or other persons have implemented all 
appropriate response actions required. All appropriate Fund-financed 
response under CERCLA was implemented, and no further response action 
by responsible parties is appropriate.

List of Subjects in 40 CFR Part 300

    Environmental protection, air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757,3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 
3 CFR, 1987 Comp., p.193.

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