HomeMy WebLinkAboutDERR-2024-007860Kennecott South Zone – Southwest Jordan Valley
Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Dated July 3, 2007
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Introduction to the Comment Response Summary
Comments Received and Responses to Comments
1. Mr. Dave Becker, Western Resources Advocates
2. Mr. Rod Dansie
3. Mr. David Smit h
Table of Contents
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Project Summary
This project is designed to clean up groundwater contaminated from historic mining
activities in the Oquirrh Mountains in southwest Salt Lake County. The U.S. Environmental
Protection Agency Region VIII (EPA) and the Utah Department of Environmental Quality
(UDEQ), collectively referenced here in as the Agencies, have worked together to facilitate the
implementation of the selected remedy for Operable Unit No. 2 (OU2), Southwest Jordan Valley
Groundwater Plumes, as related in the 2000 Record of Decision (ROD) and previously clarified
in a 2003 Explanation of Significant Difference.
In December 2000, the Agencies selected a remedy for the Zone A acid plume (which is
delineated by groundwater with a sulfate concentration ≥1500 parts per million, ppm, or
milligrams per litter, mg/l). The components of the selected remedy include:
1) Operate and maintain source controls (as already implemented under state
Groundwater Protection Permits);
2) Integrate and use institutional controls;
3) Implement point of use management strategies (as necessary) to address private
well owner quality and quantity verified impacts;
4) Develop a plan to contend with water level drops caused by the pumping of the
acid plume;
5) Install a barrier well containment system at the leading edge of the acid plume
(where sulfate concentrations are less than 1500 ppm) in the projected migration
pathway;
6) Install a well or wells in the core of the acid plume;
7) Pretreat the acid core water using nanofiltration;
8) Treat the pretreated acid core water using reverse osmosis (RO);
9) Deliver treated water to a municipal purveyor (if a reduction of the State NRD
Irrevocable Letter of Credit is sought); and
10) Install and maintain a network of monitoring wells to monitor the movement of
the plume, progress of the remedial effort, and measure the progress of natural
attenuation.
Prior to mine closure, the ROD specified that nanofiltration and reverse osmosis
concentrates can be disposed in Kennecott’s tailings pipeline that ends at the North Tailings
Impoundment. The ROD recognized the tailings pipeline as a 13 mile linear treatment system,
where acidic water would be neutralized and metals would precipitate out of solution to for m
solid compounds not characteristic hazardous waste. The decision to allow the use of the tailings
pipeline and Impoundment was based upon geochemical investigations performed by Kennecott
Introduction to the Comment Response Summary
on the tailings material, and submitted to the agencies as well as the South Zone Technical
Review Committee for review and analysis. The ROD acknowledged that the metals precipitated
from the concentrates would be stored along with solid tailings in the Magna Tailings
Impoundment (active portion is the North Tailings Impoundment, otherwise referred here in as
the Impoundment).
The selected remedy specified that upon cessation of mining operations and potential
closure of the Impoundment, the treatment concentrates would require disposal in a facility
appropriate to store the types of wastes then remaining in the concentrates. The selected remedy
also required the documentation of an alternative disposal method that could be implemented
quickly. The quick alternative (lime treatment of acidic waters and sequestration of metals in a
nonhazardous sludge, with appropriate long term land disposal and storage of the sludge in an
appropriate repository) was documented within the remedial design/remedial action (RDRA)
work plan dated December 2002.
During the engineering and design work associated with developing the December 2002
RDRA work plan, Kennecott determined:
1) They could draw enough water from the barrier wells to meet the requirements of a
project proposed under the State of Utah 1995 Natural Resource Damage Consent Decree
(NRD CD)and pursue a reduction of the Irrevocable Letter of Credit;
2) The pretreatment of raw acid core water (by nanofiltration) would result in a small
volume of water to undergo further refinement by reverse osmosis (RO) (approximately
24%);
3) This small volume of pretreated water would require neutralization; and
4) As an alternative to nanofiltration, raw acid core water could be mixed with mill
tailings which provided sufficient neutralization potential (supplemented if needed, by
adding lime to the system) to neutralize the acidity of the raw acid core water, hence
cause dissolved metals to precipitate out of solution as solid compounds. The
precipitated metals formed nonhazardous solid compatible with the chemical makeup of
the tailings; hence it was proposed that sending the combined solids to the North Tailings
Impoundment would be appropriate.
As a result of the design work, the Agencies issued an Explanation of Significant
Difference (ESD) in August 2003 that clarified the raw acid water could be sent to the tailings
pipeline. Once the acid water has been delivered to the tailings pipeline and undergone
neutralization the combined water in the tailings pipeline is recycled and used in Kennecott’s
processes, especially at the Copperton Concentrator. As noted in the August 2003 ESD, one of
the expectations in the National Contingency Plan (NCP) is that useable ground water will be
returned to its beneficial use where ever practicable. Although the raw acid core water will not
go to municipal culinary use, it will have a beneficial use as industrial water.
Subsequent to the completion of the design work (December 2002 RDRA work plan),
Kennecott began construction of the remedial components that had not already been constructed.
At the same time as construction neared completion the Agencies and Kennecott began
negotiating the terms and conditions of the remedial design consent decree (RDCD). During
these negotiations, Kennecott drafted an operation maintenance & replacement work plan
(October 2006 OM&R work plan) to cover operation and maintenance phase of the selected
remedy.
As the Agencies began negotiating with Kennecott on a remedial design consent decree
(RDCD), it became apparent that a few more clarifications of the selected remedy were
necessary. On November 6, 2006 the Agencies issued a second ESD (dated December 2006) for
public review until December 8, 2006. This second proposed ESD (the subject of this response
summary) was drafted to provide clarification on how the barrier well water could be managed
once extracted, as well as to clarify certain performance criteria. Subsequent to this review
period and other actions pursued by the Agencies, the proposed December 2006 ESD was re
dated as the June 2007 ESD.
The December 2000 ROD selected treatment of barrier well water using reverse osmosis
and delivery of treated water to a municipal water purveyor. Because the barrier well water
contains pollutants or contaminants that do not restrict its use for some purposes, other options for
the disposal or use of such water were found to be viable. Under the proposed clarification, other
management options for the extracted barrier well water can include continued use by Kennecott
for industrial needs or the provision of raw or treated barrier well water for any other lawful us e
that is “both consistent with the quality of the water, previous decision documents, and acceptable
to EPA and UDEQ”. Please note that historically Kennecott has pumped the designated barrier
wells (or their predecessors) to provide process water using water rights they have maintained in
the aquifer since the 1960s. Again, options for managing the extracted water from the barrier
wells will be judged against the quality of the water, previous decision documents rendered by
both separate authorities (CERCLA and the State NRD), and judged by the two Agencies to
determine the acceptability of a proposed water management option.
The selected remedy in the 2000 ROD indicated that source control measures (i.e.,
Eastside Collection System and Bingham Reservoirs) were to be operated under State of Utah
permits. This measure was intended to prevent continued introduction of contaminants to the
Zone A acid plume. The proposed December 2006 ESD simply clarifies that these permits are
complementary to the OU2 selected remedy and management of the Southwest Jordan Valley
Groundwater plumes.
To demonstrate effectiveness of the remedy (containment and attainment of the final
cleanup concentrations) the Agencies agreed that three clarifications of the selected remedy’s
components for containment were necessitated. Two wells have been located within the core of
the acid plume to extract heavily contaminated water in an effort to reduce the likelihood of the
core’s expansion into lesser contaminated portions of Zone A and to reduce the dimensions of the
core directly. To ensure that this extraction scenario would assist managing containment of the
acid plume in Zone A, a minimum extraction rate of 1200 acrefeet per year on a fiveyear rolling
average was proposed by the Agencies in the December 2006 ESD. The proposed clarification
allows the extraction rate to be modified pursuant to the October 2006 OM&R work plan.
The minimum extraction rate specified in the December 2006 ESD is greater than the
core extraction rate of 400 acrefeet per year on a fiveyear rolling average required in the State
of Utah’s NRD CD. The State of Utah has retained its right to require the minimal extraction rate
under the NRD CD if there is a reduction of the overall extraction rate some time in the future.
The 2000 ROD established that containment of the acid plume (water with a sulfate
concentration ≥ 1500 mg/l) was to be measured along the Kennecott property line as of the date
of the ROD. The agencies believed that the use of compliance points rather than a line boundary
would provide a more objective measure of whether Kennecott was complying with the
containment requirement of the ROD. The proposed December 2006 ESD acknowledges that a
series of compliance points (monitoring wells) were designated within the October 2006 OM&R
work plan. These points were established along the northern, eastern and southern boundaries of
the acid plume of Zone A, the most likely migration pathways for this plume. These compliance
points encircle the northern, eastern and southern extent of the acid plume and draw in closer to
these boundaries the decision point to which a compliance determination is made. The proposed
December 2006 ESD acknowledges that these compliance points can be modified pursuant to the
October 2006 OM&R work plan.
The 2000 ROD provided the final active and passive cleanup standards deemed
acceptable to the Agencies at that time. Since the previous 2003 ESD clarifications, new
information required the Agencies to consider clarifying these cleanup standards for the Zone A
acid plume. Again the Agencies acknowledged that once the aquifer has been actively
remediated to ≤ 1500 mg/l sulfate, active remediation measures may be discontinued in favor for
monitored natural attenuation until sulfate concentrations throughout the plume reach 500 mg/l.
Nitrate was determined not to be a contaminant of concern because nitrate concentrations have
consistently been well below the groundwater quality standard. Hence the agencies removed it
from the list. The treatment levels for the reverse osmosis treatment plant were proposed for
deletion since the water treatment plant is operating under a permit with the Utah Division of
Drinking Water.
Finally the Agencies determined that the 2000 ROD did not provide a mechanis m
whereby Kennecott could demonstrate that they had attained the final cleanup levels throughout
the plume. The Agencies clarified this by acknowledging that a method to determine compliance
with the final cleanup levels will be proposed by Kennecott as a work function under the October
2006 OM&R work plan, when the groundwater quality in the plume approaches the final cleanup
levels.
Description of Comment Response Summary
This document contains responses to the public comments that were received by the
Agencies on the proposed December 2006 ESD between November 6, 2006 and December 8,
2006. The proposed December 2006 ESD was described in a UDEQ fact sheet and information
was posted on the UDEQ website. The proposed December 2006 ESD and the October 2006
OM&R work plan were made available for public review and comment. The 30day period for
written comments concluded on December 8, 2006. Written comments (letters and emails)
received through midnight of December 8, 2006, were also reproduced in this response summary,
together with responses from the Agencies.
Written comments were received from individuals and groups. Some of the comments
were similar, or raised the same questions or concern. Responses to those common comments are
provided in the first section of this Comment Response Summary and referenced in individual the
response that follow. Other responses are included with the individual comment reproduced
herein. Thus, by reviewing the initial sections of this document, the public can review the
common issues and the Agencies’ responses. In the next section of the document, all of the
comments that were received during the comment period are reproduced.
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Introduction
A number of the comments received during the public review period were premised on
the concept that both the acid core water and the barrier well water contained hazardous
substances. These same comments went further to suggest that the enacted remedy and proposed
December 2006 ESD clarifications would cause the transference of the suspected hazardous
substances from one location to another. The comments alluded to this transference as a
deferment of permanent treatment requirements for these water streams.
The Agencies have assessed the qualities of these two water streams, the enacted remedy
and the proposed management option clarification and believe that all data demonstrates
compliance with the permanent treatment or removal requirement of the National Contingency
Plan (NCP).
Quality of the Raw Barrier Well Water and Reverse Osmosis Concentrates
Table 1.0 provides water quality data for the raw Barrier Well water for 20052006. Also
listed in this table are state drinking water quality standards and state numeric criteria for aquatic
wildlife. Raw barrier well water does not meet drinking water standards for TDS or sulfate and
one well does not meet primary drinking water standards for TDS and sulfate. Elevated sulfate
and TDS are the reason that the state requires treatment of this water under the Natural Resource
Damage project. Although raw barrier well water is not directly discharged to a freshwater body
subject to numeric aquatic wildlife protection, it is helpful to note that this water generally meets
aquatic wildlife criteria except for occasional slight exceedances of some metals and metalloids.
The limiting factor to sending the raw Barrier Well water to the Impoundment is whether
Kennecott can maintain compliance with the UPDES discharge limitations for Outfall No. 012.
The UPDES permit currently recognizes that the Barrier Well water can be delivered to the
Impoundment as it is similar to the mine waters already directed to the Impoundment.
Outfall No. 012 is the permitted outfall from the Impoundment to the Great Salt Lake. A
comparison of the Barrier Well water quality (Table 1.0 at the end of this Response No. 1) to the
UPDES permit limitations for Outfall No. 012 (see table following this paragraph) demonstrates
that the addition of this water to the Impoundment will not likely adversely impact Kennecott’s
continued compliance with the limitations. A comparison of the daily maximum and minimu m
UPDES permit limitations to the Barrier Well Water demonstrates that none of the contaminants
of concern in the aqueous phase would have exceeded the UPDES permit limitations during 2005
and 2006. A similar comparison performed looking at the water quality of the RO concentrates
(see Table 3.0 at the end of this Response No. 1) demonstrates that for 2005 and 2006 there
Response No. 1 Quality of the Water Extracted at the Acid Core and
Barrier Wells
would not have been exceedances of the UPDES daily maximum and minimum permit
limitations.
2007 UPDES Discharge Limitations for Outfall No.012
Discharge
Limitations
TSS T
As
T
Cd
T
Cu
T
Pb
THg TZn Se T
Cyanide
Oil &
Grease
pH
Maximum
Monthly
Average
20 0.25 0.05 0.15 0.30 0.001 0.224 NA 0.1 NA NA
Daily
Maximum
30 0.50 0.10 0.30 0.60 0.002 0.50 0.054 0.2 10 9.0
Daily
Minimum
NA NA NA NA NA NA NA NA NA NA 6.5
In the appendix to this response summary, the table contained there in provides a synopsis of
Kennecott’s compliance (2001 to 2006) with the permit limitations for outfall No. 12 (highlighted
data blocks represent exceedances). Based upon the data provided by the Division of Water
Quality, Kennecott has maintained compliance with the permit limitations during the time period
from 2001 to 2006 except for one exceedance of arsenic in 2004 and several violations of the TSS
(Total Suspended Solids) limit; none of these violations are related to remediation operations.
Discharge water from the Impoundment contained metals concentrations below the applicable
permit limitations.
It should be noted that the particular contaminants of concern in the aqueous phases of
these water streams are not characteristically hazardous (a conditioned determined by the
Toxicity Characteristic Leaching Protocol (TCLP) analysis method used to assess solid phase
contaminants in a land disposal scenario).
Quality of the Extracted Acid Core Water
Table 2.0 (at the end of this Response No. 1) provides water quality data for the acidic
water extracted from the core of the Zone A acid plume. The chemical composition of this water
requires ongoing treatment and management of treatment residuals. A review of the water quality
data (provided in Table 2.0) demonstrates that for a number of the contaminants of concern, the
acid core water does not meet drinking water standards and/or aquatic wildlife protection criteria
(based upon a fresh water environment).
As noted in Appendices A and C of the December 2002 RDRA work plan, the General
Mill Tailings (tailings slurry, or waste, from the Copperton Concentrator) have a certain amount
of neutralization potential that is able to neutralize the acidity of the extracted waters from the
core of the Zone A acid plume as well as the other acidic mine waters Kennecott manages in its
tailings system. This neutralization potential is derived from the naturally occurring carbonate
minerals within the ore body being mined and milled, and from lime that the mill (Copperton
Concentrator) adds to the milling process. The tailings pipeline functions as a treatment reactor
for all acidic waters directed to the pipeline (as a result of the neutralizing potential inherent in
the mill tailings). The neutralization reaction takes place within the tailings pipeline as the
managed acidic water streams mix with the General Mill Tailings along the 13 mile system.
During the neutralization reaction the acidity of the commingled waste stream is reduced
and the commingled waste stream becomes supersaturated with aluminumhydroxides and iron
hydroxides, which bind other aqueous metals in the commingled stream. The metal complexes
are then precipitated (as a substance similar to gypsum) and deposited as a stable, nonhazardous
solid in the Impoundment. Once in the Impoundment the solid deposits are sequestered in
perpetuity. Operation of the Impoundment is subject to operational conditions implemented by
permitting programs of the Division of Water Quality (UPDES and Groundwater Protection), the
Division of Air Quality, the Division of Water Rights (Dam Safety), and ultimately the
reclamation requirements of the Division of Oil, Gas and Mining. For further detail on the
operation of the Impoundment and its usefulness please refer to Response No. 2 of this summary.
It should be noted that the particular contaminants of concern in the solid treatment
residuals from treatment of acid core water by the addition of lime, do not exhibit characteristics
of hazardous waste (December 2002 RDRA work plan Appendix C, Section 6.2 and Table 18,
page 4546).
Performance Monitoring
Kennecott has submitted annual remediation progress reports for 2002 through 2006 to
the South Zone TRC for review. These reports have provided data on the neutralization potential
of the mill tailings, the daily pH as recorded on a continuous basis near the end of the tailings
pipeline, and the flow rate of both tailings throughput from the Concentrator and the acidic water
extracted from the acid extraction wells in the core of the Zone A acid plume. Performance
criteria for these parameters were established by the agencies to ensure the following:
1) Kennecott could manage the remedial flows directed from the Zone A acid plume
along with the other waste streams it manages within the tailings pipeline;
2) The remedial action would not adversely affect the longterm neutralizing ability of
the tailings in order to prevent potential acidification of the Impoundment; and
3) That the extracted acidic core water would be neutralized, subsequently binding the
metals in the water stream as a solid nonhazardous complex prior to reaching the
end of the pipe. Based upon a review of the data submitted to date Kennecott has
met or exceeded the performance criteria established in the 2002 RDRA work plan,
as modified.
Table 1.0: Barrier Well Water Quality 20052006
pH TDS SO4 Al As Cd Cr Cu Fe Pb Hg Ni Se Ag Zn
mg/l mg/l mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lT mg/lD mg/lD mg/lD mg/lD
Primary
Drinking 1
2000 1000 0.01 0.005 0.1 1.3 0.015 0.002 0.05
Secondary
Drinking 2
6.58.5 500 250 0.2 1 0.3 0.1 5
Aquatic 3,4 6.59.0 0.087 0.15 0.00025 0.0115 0.009 1 0.0025 0.000012 0.052 0.0046 0.0016 0.12
B2G1193 2/3/05 6.8 3000 1700 <0.02 <0.005 <0.001 <0.01 <0.02 <0.3 <0.005 <0.0002 <0.04 0.004 0.018
5/10/05 6.5 3017 1700 0.173 <0.005 0.001 <0.01 0.125 0.128 <0.005 <0.0002 <0.04 0.124
7/1/05 6.8 2951 1750 0.245 <0.005 0.001 <0.01 0.025 0.047 <0.005 <0.0002 <0.04 0.004 0.064
10/25/05 7.1 3040 1770 0.281 0.007 <0.001 <0.01 <0.02 0.496 <0.005 <0.04 0.005 0.028
Av erage 6.795 3002 1730 0.1798 0.0055 0.001 <0.01 0.0475 0.243 <0.005 <0.0002 <0.04 0.0043 0.0585
2/8/06 7.1 2950 1840 <0.02 <0.005 <0.001 <0.01 <0.02 0.033 <0.005 <0.0002 <0.04 0.006 0.012
6/22/06 7.0 3190 1720 <0.02 0.008 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 0.003 <0.01
8/9/06 6.7 3040 1670 <0.02 <0.005 <0.001 <0.01 <0.02 0.042 <0.005 <0.0002 <0.04 0.005 0.045
Av erage 6.91 3060 1743.3 <0.02 0.006 <0.001 <0.01 <0.02 0.032 <0.005 <0.0002 <0.04 0.0047 0.0223
BFG1200 3/21/05 7.0 1630 853 <0.02 <0.005 <0.001 <0.02 <0.005 <0.0002 0.003 <0.01
8/26/05 6.9 1981 981 <0.02 0.005 <0.001 <0.02 <0.005 <0.0002 0.006 0.012
10/25/05 7.2 1794 936 0.033 0.008 <0.001 <0.02 <0.005 0.004 <0.01
Av erage 7.0333 1801.7 923.33 0.0243 0.006 <0.001 <0.02 <0.005 <0.0002 0.0043 0.0107
2/8/06 7.5 1690 908 <0.02 0.005 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 0.004 0.016
5/19/06 7.0 1770 989 <0.02 <0.005 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 0.004 0.016
8/30/06 6.8 1800 943 <0.02 0.006 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 0.003 0.015
Av erage 7.0867 1753.3 946.67 <0.02 0.0053 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 0.0037 0.0157
LTG1147 1/18/05 7.3 1470 501 <0.02 <0.005 <0.001 <0.01 <0.02 <0.3 <0.005 <0.04 0.004 0.01
3/10/05 7.3 1600 581 <0.02 <0.01 <0.015 <0.05 0.004 <0.02
4/15/05 7.1 1500 609 <0.005 <0.001 <0.02 <0.005 0.005 0.031
7/27/05 7.2 1603 565 <0.005 <0.001 <0.02 <0.005 0.006 <0.01
12/7/05 7.3 1630 621 <0.005 <0.001 <0.02 0.008 0.004 0.015
Av erage 7.258 1560.6 575.4 <0.02 0.008 0.0028 <0.01 0.019 <0.3 0.0146 <0.04 0.0046 0.0172
2/28/06 7.0 1660 592 <0.02 <0.005 <0.001 <0.01 <0.02 0.098 <0.005 <0.0002 <0.04 0.003 <0.01
6/20/06 7.0 1660 649 <0.02 <0.005 <0.001 <0.01 <0.02 <0.02 <0.005 <0.04 0.003 <0.01
9/7/06 7.2 1650 670 <0.02 <0.005 <0.001 <0.01 <0.02 <0.02 <0.005 <0.0002 <0.04 <0.002 0.026
11/22/06 7.0 1600 642 0.033 0.012 <0.001 <0.01 0.032 0.044 0.007 <0.0002 <0.04 0.005 0.014
Av erage 7.065 1642.5 638.25 0.0233 0.0068 <0.001 <0.01 0.023 0.046 0.0055 <0.0002 <0.04 0.0033 0.015
1 R3092005
2 R3092006
3 R317214, Table 2.14.2, 4day Averages
4 Aquatic standards which are hardness dependant are listed at 100 mg/l hardness.
5 Chromium standards listed in R317214 are listed by chromium species and standard listed is for Cr(IV); data reported here are dissolv ed Cr(t)
* Data series with a mixture of concentrations less than and greater than the limit of detection were av eraged by accepting the LOD as the top end of the results range
(i.e. from 0.00 to LOD), which provides for a conserv ative approach to evaluate compliance.
Table 2.0: Acidic Water Extraction Wells Water Quality 20052006
pH TDS SO4 Al As Cd Cr Cu Fe Pb Hg Ni Se Ag Zn
mg/l mg/l mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lT mg/lD mg/lD mg/lD mg/lD
Aquatic 1,2,4 6.59.0 0.087 0.15 0.00025 0.0115 0.009 1 0.0025 0.000012 0.052 0.0046 0.0016 0.12
ECG1146 1/14/05 3.6 34100 24400 1150 0.037 0.751 <0.01 81.5 210 <0.005 <0.0002 18.1 0.122 100
5/10/05 3.5 32409 21200 1260 0.042 0.817 0.013 100.7 251 <0.005 0.0076 17.5 0.09 95
7/1/05 3.8 32982 20800 1290 0.160 0.880 <0.01 85.6 274 <0.00005 0.007 18.8 0.061 95
10/25/05 3.5 31500 23700 1190 0.038 0.823 <0.01 84.2 238 <0.005 19.1 91
Av erage 3.5925 32748 22525 1222.5 0.0693 0.8178 0.0108 87.988 243.25 0.0038 0.004933 18.375 0.091 95.335
2/28/06 3.1 29400 19000 1150 0.106 0.750 <0.01 82.6 232 <0.05 0.0069 16.2 91
6/13/06 3.2 29000 23700 1060 0.117 0.800 <0.01 80.2 209 <0.1 0.0055 16.2 <0.002 <0.01 89
8/31/06 3.3 27900 22800 1060 0.044 0.762 0.012 74.0 203 <0.005 0.0092 15.6 0.011 73
Av erage 3.22 28767 21833 1090 0.089 0.7707 0.0107 78.933 214.67 0.0517 0.0072 16.003 0.0065 <0.01 84.372
BSG1201 1/14/05 3.8 15600 12300 451 0.020 0.757 <0.01 20.6 30 0.028 0.0057 9.3 0.078 47
5/16/05 3.5 16329 10500 467 0.023 0.753 <0.01 23.2 30 0.03 0.0064 8.4 0.074 37
7/1/05 3.9 16256 10700 400 0.084 0.710 <0.01 23.2 33 <0.00005 0.0066 8.4 0.037 <0.01 37
10/25/05 16100 11500 453 0.022 0.737 <0.01 22.8 29 0.025 8.5 41
Av erage 3.7233 16071 11250 442.75 0.0373 0.7393 <0.01 22.44 30.425 0.0208 0.006233 8.665 0.063 <0.01 40.463
2/27/06 3.7 15800 10200 441 0.014 0.718 <0.01 21.6 30 0.028 0.007 8.1 0.453 39
5/19/06 3.5 15300 12800 403 0.021 0.667 <0.01 20.5 28 0.024 0.0077 7.5 0.304 37
8/9/06 3.5 15500 10700 409 0.020 0.692 <0.01 20.8 29 0.023 0.0072 7.8 0.011 41
Av erage 3.54 15533 11233 417.67 0.0183 0.6923 <0.01 20.967 28.933 0.025 0.0073 7.7867 0.256 39.133
1 R317214, Table 2.14.2, 4day Averages
2 Aquatic standards which are hardness dependant are listed at 100 mg/l hardness.
3 Chromium standards listed in R317214 are listed by chromium species and standard listed is for Cr(IV); data reported here are dissolv ed Cr(t)
4 The listed aquatic standards are for a fresh water environment.
* Data series with a mixture of concentrations less than and greater than the limit of detection were av eraged by accepting the LOD as the top end of the results range
(i.e. from 0.00 to LOD), which provides for a conserv ative approach to evaluate compliance.
Table 3.0: Reverse Osmosis Concentrate Water Quality 20052006
pH TDS SO4 Al As Cd Cr Cu Fe Pb Hg Ni Se Ag Zn
mg/l mg/l mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lD mg/lT mg/lD mg/lD mg/lD mg/lD
Aquatic 1,2 6.5
9.0
0.087 0.15 0.00025 0.011 3 0.009 1 0.0025 0.000012 0.052 0.0046 0.0016 0.12
ECP2745 7/28/05 7.1 8326 4840 <0.02 0.012 <0.001 0.02 0.224 <0.005 0.021 0.017
10/4/05 7.3 8420 4740 <0.02 0.014 <0.001 <0.02 <0.02 <0.005 0.015 0.018
10/18/05 7.3 8207 3990
11/8/05 7.3 7920 4570
12/6/05 7.3 8360 4330 <0.1 0.016 <0.001 <0.02 <0.02 <0.005 0.013 0.016
Av erage 7.244 8246.6 4494 0.0467 0.014 <0.001 0.02 0.088 <0.005 0.0163 0.017
1/10/06 7.4 7910 4320 <0.1 0.015 <0.001 <0.01 <0.015 <0.02 <0.005 0.012 <0.001 0.017
2/8/06 7.2 8110 4500 0.015 <0.001 0.016 0.03 <0.02 <0.005 0.012 <0.001 0.015
3/7/06 7.3 7930 4380 0.016 <0.001 0.012 0.037 <0.005 0.01 <0.001 0.012
4/11/06 7.6 7520 4020 0.016 <0.001 0.029 <0.02 <0.005 0.012 <0.001 0.014
5/23/06 7.3 5100 2790 0.014 <0.001 0.01 <0.02 <0.005 0.01 <0.001 0.019
6/20/06 7.5 7600 4130 0.011 <0.001 <0.01 <0.02 <0.005 0.011 <0.001 <0.01
7/18/06 7.5 8390 3930 0.015 <0.001 <0.01 <0.02 <0.005 0.015 <0.001 0.018
8/22/06 7.5 8030 3950 0.016 <0.001 <0.01 <0.02 <0.005 0.01 <0.001 <0.01
9/21/06 7.2 8100 4320 0.014 <0.001 0.011 <0.02 <0.005 0.013 <0.001 0.014
10/25/06 7.4 7980 4430 0.014 <0.001 <0.01 <0.02 <0.005 0.013 <0.001 0.011
12/19/06 7.5 7810 4510 0.013
Av erage 7.3918 7680 4116.4 <0.1 0.0146 <0.001 0.0128 0.0222 <0.02 <0.005 0.0119 <0.001 0.014
ECP2771 1/10/06 7.3 8150 4530 <0.1 0.016 <0.001 <0.01 <0.015 <0.02 <0.005 0.013 0.002 0.019
2/8/06 7.3 8570 5100 0.016 <0.001 0.013 0.034 <0.005 0.02 <0.001 0.015
3/7/06 7.4 8080 4360 0.017 <0.001 0.013 <0.02 <0.005 0.012 <0.001 0.011
4/11/06 7.5 7970 4020 0.016 <0.001 0.023 <0.02 <0.005 0.011 <0.001 0.015
5/31/06 7.3 8110 4090 0.013 <0.001 0.01 0.021 <0.005 0.012 <0.001 0.022
6/20/06 7.5 7850 4320 0.011 <0.001 0.013 <0.02 <0.005 0.011 <0.001 <0.01
7/18/06 7.4 7940 4640 0.015 <0.001 0.012 <0.02 <0.005 0.016 <0.001 0.014
8/22/06 7.5 8173 4280 0.013 <0.001 0.01 <0.02 <0.005 0.012 <0.001 <0.01
9/21/06 7.1 8280 4190 0.015 <0.001 0.015 <0.02 <0.005 0.012 <0.001 0.016
10/25/06 7.3 8170 4560 0.015 <0.001 <0.01 <0.02 <0.005 0.013 <0.001 0.013
12/19/06 7.5 8160 4450 0.013
Av erage 7.3764 8132.1 4412.7 <0.1 0.0147 <0.001 0.0129 0.021 <0.02 <0.005 0.0132 0.0011 0.0145
1 R317214, Table 2.14.2, 4day Averages
2 Aquatic standards which are hardness dependant are listed at 100 mg/l hardness.
3 Chromium standards listed in R317214 are listed by chromium species and standard listed is for Cr(IV); data reported here are dissolv ed Cr(t)
* Data series with a mixture of concentrations less than and greater than the limit of detection were av eraged by accepting the LOD as the top end of the results range
(i.e. from 0.00 to LOD), which provides for a conserv ative approach to evaluate compliance.
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Introduction
As noted in the Response No. 1, some comments received during the public review period
suggested that the selected remedy and the proposed clarifications would cause the transference
of suspected hazardous substances from one location to another. The comments alluded to this
transference as a deferment of permanent treatment requirements for the water streams derived
from the planned and implemented extractions from the acid core and barrier wells in Zone A.
The selected remedy (as described in the December 2000 Record of Decision and the 2003 ESD)
for OU2 includes extraction and neutralization of acidic waters from the core of the Zone A
plume, and extraction of neutral waters from the plume margin and treatment through RO
technology. Management of these waters results in three treatment residual streams:
· Neutralized core water
· Solids generated from core water neutralization reaction
· RO treatment concentrate water
Submitted comments question the suitability of using the Impoundment for management of
aqueous treatment residuals and disposal of solid treatment residuals. The Agencies note that the
decision to manage and dispose of treatment residuals in the Impoundment is founded on
extensive evaluation of the geochemical characteristics and stability of the residuals as described
in Appendices A and C of the December 2002 RDRA work plan. This decision was reached
following review by the Agencies and the South Zone Technical Review Committee (TRC).
Through fullscale testing, Kennecott has demonstrated that the acid plume water can be
neutralized in the Tailings Pipeline, relying on excess neutralization potential in the tailings
and/or lime amendments. Metals are precipitated out of the water and deposited in stable, non
hazardous solid form in the Impoundment. The decant water from the Impoundment can be
reused in Kennecott’s milling process or discharged into the Great Salt Lake if in compliance
with Kennecott’s UPDES discharge permit.
The Agencies have determined that the Impoundment is a suitable longterm repository for the
solid treatment residuals and that disposal in this location permanently removes contaminants
from the environment and prevents threats to human health or the environment. This
determination is based on a number of factors:
· Metals and other solutes are removed from solution by reaction of the acidic flows with the
available neutralization potential of the tailings, plus any lime added to the line. The
Response No. 2 Appropriateness to Deliver Extracted Water to the Tailings
Pipeline and North Tailings Impoundment
fundamental reaction is the neutralization of acidity, buffering pH to circumneutral values.
At nearneutral pH, Al and Fe precipitate as hydroxides, sorbing other metals and metalloids.
A portion (perhaps 10% to 20%) of the sulfate also is removed from solution by precipitation
of gypsum. Removal rates during neutralization established by monitoring range from 60%
for Mn to > 99% for Al, Cu, Fe, and Zn. For these conditions, the five major metals (Al, Cu,
Fe, Mn, and Zn) in the acidic waters would account for only 2% of the same total metals
deposited in solid form by the tailing solids.
· The hydroxide and sulfate solid phases that form in the line do not leach elevated levels of
metals and metalloids in the tailing environment, provided the tailings environment does not
become acidic.
· Extensive monitoring of tailings shows that tailings are predominantly net neutralizing and
that treatment of acidic waters in the tailings line does not deplete the long term neutralizing
potential of the tailings. Thus it is unlikely that an acidic environment will develop within the
Impoundment. As part of implementation of the remedy, KUCC will and does regularly
monitor the neutralization potential and acidification potential of tailings to react to changes
in operations or ore types that could impact the ability of the tailings to adequately neutralize
acidic waters without depleting neutralizing potential of tailings.
· The acidic water to be neutralized is not characteristic hazardous waste.
· Lime treatment solid residuals are not characteristic hazardous waste (as described in
Appendices A and C of the December 2002 RDRA work plan).
· Limetreatment overflow waters and RO concentrates (Table 3.0 under Response No. 1) are
generally similar to Great Salt Lake waters. These waters do not exceed current UPDES
permit limit concentrations. Because the treatment waters are similar to Great Salt Lake
water, there is little or no change to water of the lake during mixing at ratios ranging from 1:1
to 10:1. KUCC has determined through full scale testing that a pH of 6.7 or higher must be
maintained in the tailings system to assure that metals fully precipitate in order to meet
discharge standards. KUCC monitors the pH of the tailings system in real time to assure that
this management criterion is met.
· The location of the Impoundment is highly suitable for both the disposal of tailings as well as
the disposal of solid residuals from acid water treatment. As described in the Environmental
Impact Statement prepared for the North Tailings Impoundment Expansion project, the
Impoundment is located over a 1020 foot thick lacustrine clay unit that prevents water from
the Impoundment from impacting groundwater that would eventually discharge to the Great
Salt Lake. Additionally the groundwater gradient at this location is upward, providing further
assurance that waters from the impoundment will not impact groundwater. Any water
seeping from the impoundment is collected by a ditch that must be managed by Kennecott in
accordance with environmental permits.
· The Impoundment is constructed according to an engineered design approved by the Division
of Water Rights, the State agency which regulates dam safety, to assure that the
Impoundment is gravitationally and seismically stable and thus can serve as a permanent
repository.
Additionally, the Agencies rely on extensive monitoring of the tailings system which has been
implemented by Kennecott under the 2002 Final Design, as well as monitoring and controls
provided by State permitting programs for operation of the Impoundment. Kennecott reports data
collected for the CERCLA response in its annual remedial progress reports. A discussion of the
monitoring data that indicates operation of the remedy produces aqueous and solid treatment
residuals that are consistent with those predicted in the December 2002 RDRA work plan, and
documents Kennecott’s attainment of the performance standards (as modified) is provided in the
annual reports for 20022006. Kennecott has also complied with its UPDES discharge permit
limits since implementation of the remedy (except for an arsenic excursion in February 2004
which was not related to remedial activities).
Airborne Contaminants
Wind blown dust from the Tailings Impoundment is monitored and regulated by the DEQ
Division of Air Quality. The table below compares constituents in the tailings to typical human
health protection levels for ingestion.
Metal Average Concentration in
Tailings (ppm) *
Typical Human Health
Protection Levels (ppm)
Arsenic 30.7 100
Lead 16.5 500
Cadmium 1.11 40
Copper 716 >2000
* Includes treatment plant concentrate streams
The issue of airborne contaminants was considered by the TRC, by comparing the existing
concentrations of metals in tailings with the metal concentrations in the RO concentrate. (See
Table 5.6A of the NRD Joint Proposal). If the differences had been significant, it would have
triggered an investigation by the Risk Assessment Task Force that was established by the TRC.
The increases are not significant.
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Introduction
A request to extend the public notice and review period was received from two of the
three commenters. It should be noted that under Section 117 (42 USC § 9617) of the
Comprehensive Environmental Response, Compensation, Liability Act (CERCLA) Subsections
(a) and (b) require that the public be given an opportunity to comment on a proposed remedial
action plan. Subsection (c) allows for publication of an explanation of significant differences
(ESD) which is intended to document changes from the final plan(selected remedy), but there is
no statutory requirement that the public be given an opportunity to comment on an ESD.
The National Contingency Plan (40 CFR Sections 300.435 and 825) expands upon the
statutory requirements of CERCLA. Under §300.435(c), the agency (EPA) must either publish
an explanation of significant difference (ESD) from the Record of Decision (ROD) or publish a
proposal for an amendment of the ROD for proposed changes to the selected remedy prior to
implementation. If a ROD amendment is sought, the public must be given an opportunity to
comment as provided under §300.435(c). However, there is no comment requirement for an
ESD. 40 CFR § 300.825 requires that an ESD be included in the administrative record and (as
applicable) permits, but does not require consideration of public comments on it.
The Agencies have acknowledged the significant amount of public interest associated
with the remedy selected for Operable Unit No. 2 of the Kennecott South Zone. This interest
prompted the Agencies to take a proactive stance in allowing for a public review period of the
proposed December 2006 ESD for thirty days (even though statutorily that review period is not
required). Thirty days was judged by the Agencies to be a sufficient amount of time to allow the
public to review the fivepage ESD and provide comments. As such, the Agencies made it clear
in the announcement of the review period that an extension would not be provided.
The ESD was made available at the offices of the Utah Department of Environmental
Quality (UDEQ) and was posted on the project website supported by the UDEQ; all of which was
explained as part of the newspaper advertisement and emailed announcement to interested
stakeholders. Interested stakeholders were notified by email (as they elected to have done) of the
review period and were noticed of the project website link at the same time. A fact sheet was
developed by the Agencies on the ESD components and was provided as part of the emailed
notifications to the interested stakeholders. The emailed notifications and fact sheet also covered
the notion that the review period on the ESD would not be extended.
Response No. 3 Request for an Extension & Public Review Period
The Agencies appreciated the receipt of the comments from the review period. It is
through continued interaction with interested stakeholders that the Agencies believe the success
of the remedial project for Operable Unit No.2 will be ensured.
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Introduction
There was some confusion of the authorities involved in overseeing Kennecott’s response
actions noted in the comments submitted to Agencies. The comments pertaining to the response
actions taken by Kennecott to address the concerns of the CERCLA authorities and the State of
Utah Natural Resource Damage (NRD) authority (UDEQ) and the particular remedial
components being overseen by both authorities (CERCLA and NRD) were confused. Please not e
that there are two response actions being implemented by Kennecott. Both actions are somewhat
integrated with each other, but are being overseen by two different authorities (represented by the
Agencies).
Authority Explanation
In December 2000 the CERCLA authorities (EPA and UDEQ) rendered a Record of
Decision which selected a remedy for the acid plume of Zone A. The CERCLA authorities
distinguish the leading edge of the acid plume as the isoconcentration line where sulfate
concentrations are equal to or greater than 1500 parts per million, ppm (or milligrams per litter,
mg/l). Groundwater in Zone A that is above 1500 ppm for sulfate represents the extent of the
Zone A acid plume. Pursuant to the selected remedy (which was clarified by the 2003 ESD),
Kennecott is required to pump from the core of the acid plume and to send the extracted water to
the tailings pipeline. Once delivered to the tailings pipeline, the extracted waters are to be
commingled with mill tailings (tailings slurry) from the Copperton Concentrator and other mine
related waters that Kennecott manages, and ultimately disposed of in the Impoundment. As noted
previously, the CERCLA authorities recognized that the inherent neutralization potential of the
mill tailings slurry is sufficient (due to inherent neutralizing capacity of the tailings and lime
added to the mill circuit) to address the mineral acidity and aqueous acidity associated with the
extracted acid core water. By raising the pH of the water toward circumneutral and causing
precipitation of aluminum and iron hydroxides, the heavy metals (in the extracted acid plume
water) combine in the chemical complexes formed after neutralization and are precipitated from
solution and sequestered into a solid, nonhazardous precipitant.
Recognizing that Kennecott needed to reduce the acid plume over time but also prevent it
from migrating, the CERCLA authorities required Kennecott to contain the acid plume waters
within certain defined compliance boundaries. As part of the CERCLA selected remedy
Kennecott was required to locate and/or construct a series of extraction wells along the leading
edge of the acid plume in Zone A to ensure the containment of groundwater with a concentration
of sulfate equal to or greater than 1500 ppm. These wells have been called the leading edge
wells, the barrier wells and/or the feed water wells to the reverse osmosis treatment plant in
numerous presentations and reports. The barrier wells (B2G1193, BFG1200, and LTG1147)
Response No. 4 Complementary Remedies – CERCLA & NRD Authorities
serve the function to prevent the leading edge of the acid plume from migrating beyond the
compliance point established by the CERCLA authorities under the selected remedy listed in the
ROD and clarified in the proposed December 2006 ESD.
The quality of the groundwater extracted at the barrier wells requires Kennecott to
manage its potential use or disposal, not due to CERCLA hazardous substances as is the case for
the groundwater extracted at the acid core wells, but because some of the dissolved contaminants
are a potential Clean Water Act pollutant of concern dependent upon the intended use of the
water. For most of the dissolved contaminants of concern the extracted groundwater from the
barrier wells could be used as secondary water for nonconsumptive use by the public or used as
process water at the Kennecott mineral concentrating operation in Copperton (as it has been for
some time). The CERCLA authorities assessed that both options would be allowable under the
CERCLA and NCP requirements and subsequently moved to clarify the applicability of these two
uses under the proposed December 2006 ESD.
The State of Utah NRD authority (UDEQ) recognized (in 1986) that the groundwater in
Zone A could be used for drinking water if it were not for certain contaminants of concern. For
example, some of the chemical constituents (i.e. total dissolved solids and sulfate) are above the
State of Utah Primary and Secondary drinking water standards (sulfate plume of Zone A). In
1986 the State of Utah NRD authority filed a natural resource damage claim against Kennecott
for the groundwater which exceeded these two drinking water quality standards (which included a
portion of the aquifer that is solely being addressed by this authority, known as the Zone B
plume). Groundwater has historically represented a source of potential drinking water to the
State of Utah and as such is a resource held in trust by the State for the benefit of the citizens of
the State. Since the State’s filing, the parties involved in addressing a solution for the plume in
Zone A (acid and sulfate) have recognized a joint shared benefit if Kennecott addresses the
requirements of the State of Utah NRD authority at the same time the company addresses the
requirements of the CERCLA authority.
Kennecott understood that it would eventually be required to extract groundwater from
the barrier wells to contain the acid plume of Zone A while it worked to reduce the acid plume
over time. As such, Kennecott elected to perform treatment feasibility studies (with agency
oversight) on the extracted groundwater during the remedial investigation and feasibility study
work required by the CERCLA authorities and completed in 1998. Kennecott intended these
studies to assess if this source (barrier wells) of impacted groundwater could somehow fulfill the
letter of credit reduction provisions of the NRD CD if Kennecott were to seek a reduction of the
NRD Letter of Credit.
During the Trustee’s assessment of the remedial investigation and feasibility study, the
pilot treatment studies and the proposed NRD project the CERCLA authorities were requested to
assist in the evaluation. The CERCLA authorities were already involved in evaluating the
investigatory work being produced by Kennecott and its contractors as part of Kennecott
complying with the responsibilities it had under the CERCLA investigation. In August of 2004
the State Trustee for Natural Resource Damages accepted (for implementation) the joint proposed
project by Kennecott and the Jordan Valley Water Conservancy District (District) to the Trustee
and the CERCLA authorities. Since then Kennecott completed construction of the Zone A
Reverse Osmosis treatment plant (Bingham Canyon Water Treatment Plant, BCWTP) in May
2006 and began providing treated groundwater derived from the barrier wells to the residents in
the affected area (as described under the various NRD project documents).
The actions implemented by Kennecott are intended to address the remedial and recovery
response requirements of both the CERCLA and State NRD authorities. Both authorities have
continued to be involved in overseeing Kennecott continued efforts to implement the required
actions.
Proposed Water Management Section of the December 2006 Proposed ESD
In light of the two fold project that Kennecott was implementing, in the fall of 2006 the
CERCLA authorities recognized a need to clarify the water management strategies that could b e
employed by Kennecott to properly manage the extracted groundwater derived from the barrier
wells. The CERCLA December 2000 ROD required that the extracted groundwater from the
barrier wells be delivered to the Zone A reverse osmosis treatment plant for treatment and
provision to the public as drinking quality water. The CERCLA authorities recognized that the
NCP and CERCLA statute could have included provisions allowing the extracted groundwater to
be delivered as secondary water for nonconsumptive use by the public or to have it delivered as
process water to Kennecott’s milling process circuit. Treatment to drinking water quality
standards was a requirement of the NRD agreements, which the CERCLA authorities also judged
to be appropriate.
As noted from the proposed December 2006 ESD, the intended clarification to the
selected remedy “is to allow other management options for barrier well water including continued
use by Kennecott for industrial needs or the provision of raw or treated barrier well water for any
other lawful use that is both consistent with the quality of the water, previous decision documents
and acceptable to EPA and UDEQ.” This provision of the ESD allows for both agencies to judge
a proposal by Kennecott on how it manages barrier well water once extracted. During such
review UDEQ will continue focusing on the delivery of the extracted groundwater to the
Bingham Canyon Water Treatment Plant to ensure fulfillment of the 2004 Three Party
Agreement. As noted elsewhere, EPA has judged this management option as appropriate.
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
2006 Emails and Letters
Comments From Mr. Dave Becker, Western Resources
Advocates – Email No. 06E1
From: "Dave Becker"
dbecker@westernresources.org
To: <thomas.rebecca@epa.gov>,
<dbacon@utah.gov>
Date: 12/8/2006 4:46 PM
Subject: Comments on Explanation of Significant
Different to Record of Decision for
Kennecott South Zone OU2 Southwest
Jordan River Valley Groundwater Plumes
Attachments: FRIENDS Comments on ESD WJRV
Cleanup 12806.doc
Dear Ms. Thomas and Mr. Bacon,
Attached please find comments on the above
captioned document. Thank you for the opportunity
to comment on the proposed ESD.
Regards,
Dave Becker
Staff Attorney
Western Resource Advocates
425 East 100 South
Salt Lake City, Utah 84111
phone: (801) 4879911 fax: (801) 4864233
dbecker@westernresources.org
<http://www.westernresourceadvocates.org>
www.westernresourceadvocates.org
** this communication is privileged, confidential,
and exempt from disclosure **
*** XMISSION has generously donated this internet
service ***
Attachment
December 8, 2006
Rebecca Thomas
EPA Region 8
999 18 th Street, Suite 300
Denver, CO 802022466
thomas.rebecca@epa.gov
Doug Bacon
UDEQDERR Project Manager
168 North 1950 West
Salt Lake City, UT 84116
dbacon@utah.gov
Via email
Re: Comments on Explanation of Significant
Differences (ESD) to Record of Decision for
Kennecott South Zone Operable Unit 2 Southwest
Jordan Valley Groundwater Plumes
Dear Ms. Thomas and Mr. Bacon,
Please accept the following comments on the
Explanation of Significant Differences (2006 ESD)
to Record of Decision (ROD) for Kennecott South
Zone Operable Unit 2 Southwest Jordan Valley
Groundwater Plumes. We make these comments on
behalf of FRIENDS of Great Salt Lake (FRIENDS).
FRIENDS has, as its mission, the preservation
and protection of the Great Salt Lake ecosystem
and seeks to increase public awareness and
appreciation of the lake through education,
research, and advocacy. The organization has long
been involved in the protection and restoration of
Great Salt Lake and its ecosystems, advocating for
ways in which the public may enjoy these resources
by fishing, birdwatching, boating, photographing,
hiking and studying these natural areas. FRIENDS
has commented at every stage of the ROD and remedy
process, consistently noting that the aquifer
clean up jeopardized Great Salt Lake and its
ecosystem.
We appreciate the opportunity to make these
comments and your efforts to elicit them as well
as to consider them in the important decision
making process you have undertaken. We hope that,
as part of that process, you will take into
account the following:
The 2006 EDS and the Underlying ROD Promise to
Have Significant Adverse Effects on Great Salt
Lake.
Initially, FRIENDS wishes to emphasize that as
currently envisioned, the remedy selected and
implemented by the ROD, the 2003 EDS, and the 2006
EDS will have significant adverse effect on Great
Salt Lake. Indeed, the ROD serves to extract
contaminants from the poisoned aquifer,
concentrate them and then either discharge them
directly into Great Salt Lake or leave them in the
tailings pond where they pose an unacceptable risk
to the Lake. As a result, the remedy is not
protective of human health or the environment,
does not offer a permanent solution to the
contamination, fails to utilize effective
treatment technologies, fails to permanently
reduce the volume and toxicity of the contaminants
and indeed increases the mobility of these
pollutants. In short, the ROD and subsequent EDSs
deal with the contaminated aquifer at the direct
expense of one of the most valuable and unique
ecosystems in the world – Great Salt Lake. This
is unacceptable and contrary to the public
interest.
The local, national and international value
of Great Salt Lake, its islands, and its wetlands
E11 The Agencies express their appreciation for the level of involvement
the Friends of the Great Salt Lake (FOGSL) has had with the project to
date. The CERCLA agencies acknowledge and thank the FOGSL for
providing a representative to the Kennecott South Zone TRC group,which
as a group has assisted the agencies in monitoring the implementation of the
remedy since 2001.
E12 See Response No. 1 and No. 2.
E11
E12
cannot be overstated. Overall, 257 avian species
use the Great Salt Lake ecosystem. Of these, 112
species are exclusively associated with the lake’s
varied wetland areas, while 117 species reportedly
nest on the lake’s periphery or on its islands.
At least 33 species of shorebirds representing 25
million individuals use Great Salt Lake annually.
In addition, up to 5 million waterfowl migrate
through the lake each year, stopping along routes
that take them elsewhere in North America or to
Central and South America. Approximately 30
percent of the waterfowl migrating along the
Pacific Flyway depend upon the Great Salt Lake
wetlands. For these migrants, the lake provides a
critical food supply, allowing them fuel up for
the rest of their migrations, sometimes doubling
their body weight before they leave. In
recognition of its role in these international
flights, Great Salt Lake is designated as one of
only 19 sites in the Western Hemisphere Shorebird
Reserve Network.
The importance of Great Salt Lake to the
birds of the Americas is borne out by the sheer
numbers that depend on its resources, including
n 80 percent of the world’s population of
Wilson’s phalaropes,
n The largest staging concentration of
eared grebes in North America,
n The world’s largest breeding population
of whitefaced ibis and California gulls,
n Over half of the entire breeding
population of snowy plovers west of the
Rocky Mountains,
n More than three quarters of the entire
western population of tundra swan,
n The largest breeding colony of American
white pelicans, and
n One of the ten largest wintering
populations of bald eagle in the lower 48
states.
The Lake boasts several protected areas including
the Bear River Migratory Bird Refuge, Farmington
Bay Waterfowl Management Area, Nature Conservancy
Great Salt Lake Shorelands Preserve, Audubon
Gilmore Sanctuary and Lee Creek Natural Area.
Not surprisingly, hundreds of thousands of
bird watchers comb the shores of Great Salt Lake
to be rewarded by incredible views of feeding,
flying and nesting birds that journey thousands of
miles to gorge on the bounty of our nation’s
largest inland “sea.” The Lake also attracts
recreationists enjoying other waterbased
activities such as sailing, rowing, floating,
wading and kayaking. Others hike, ride horseback
and mountain bike to enjoy scenery, solitude and
wildlife. Great Salt Lake also supports a robust
community of waterfowl enthusiasts who not only
enjoy hunting but are working to preserve and
protect Utah’s waterfowl, its unique and rich
habitat and its rich heritage.
The Reliance of the 2006 EDS and ROD on State
Permitting Authority is Unfounded.
The ROD and 2006 EDS rely heavily on the
State permitting process to protect water quality
in Great Salt Lake. For several reasons, this
reliance is unfounded. First, in violation of the
Clean Water Act, there are no numeric water
quality standards for Great Salt Lake. As a
result, the State cannot adequately safeguard this
ecosystem.
Second, the narrative standard for the open
waters of the Lake is also inadequate.
Importantly, the State does not use the narrative
E13 The Division of Water Quality (DWQ) has been working with various
groups and with a variety of stakeholders for the past three years to collect
data and information on Farmington Bay and the Great Salt Lake. Three
committees, the Great Salt Lake Water Quality Steering Committee and the
Great Salt Lake Science Panel and the Farmington Bay Technical Advisory
Committee were formed to assist in collecting and reviewing data from the
current project(s) and to provide input into the development of water quality
standards for both water bodies. The issues related to these waters are
numerous and complex. Briefly, they involve the extreme and variable
salinity and important ecosystem responses and constraints dictated by this
hypersaline environment. In short, none of EPA’s water quality criteria
apply to Great Salt Lake. In addition, EPA has not published water quality
criteria for nutrients. Rather, they are encouraging states to develop their
own nutrient criteria and standards. Toward this end the Division has been
engaged in an intensive effort for the last three years to identify meaningful
biological response variables that will provide protection of the beneficial
uses identified for the lake and Farmington Bay. A large part of this effort
has been the organization of a Technical Advisory Committee for
Farmington Bay to focus on the nutrient issue, a Science Advisor y Panel for
setting a selenium standard and the Great Salt Lake Water Quality Steering
Committee to oversee both. The DWQ strongly supports the process where
all interested parties are involved in developing standards based on sound
data and judgment that are both protective of the resource and address
potential issues related to municipal and industrial development and public
interest
E14 The DWQ has adopted the narrative criteria listed in R3172, Utah
Administrative Rules, Standards of Quality for Waters of the State,to
address water quality in the Great Salt Lake. In addition, all discharges,
including POTWs are monitored for compliance of all toxics (e.g. metals,
ammonia, etc.) with State freshwater standards. All discharges to the Jordan
River, Weber River, or to Farmington Bay directly are monitored for
compliance. In addition, nine stations in the north and south arms of Great
Salt Lake have been monitored quarterly for nearly 30 years for major ions
and a complete ICPMS metal scan (not including mercury).Nevertheless,
the Division believes that site specific standards are warranted. DWQ is
currently collecting data: water chemistry, biological and habitat data in
Farmington Bay to establish such standards for nutrients on a sitespecific
basis. The data will also be used to develop the tools necessary to assess
this unique environment.The DWQ is also collecting data on the main
E13
E14
standard, or even have a strategy for using this
standard to protect the Lake. To date, the State
has not systematically evaluated water quality in
the Lake against the narrative standard, or used
the standard to adjust a discharge based on some
understanding of the requirements of this
standard. Even if the standard were applied, it
would be open to subjective interpretation and
difficult to apply in any meaningful way.
Third, because there are no numeric
standards for the open waters of Great Salt Lake,
the State does no waste load analysis for
discharge permits for the Lake. This means that
the State has no way of knowing whether water
quality standards for Great Salt Lake are being
met. Rather, the State relies solely on effluent
limits to limit discharges into the Lake.
Particularly because Great Salt Lake is a terminal
basin, effluent limitations alone are necessarily
incomplete and inadequate, as there is no
guarantee that they are sufficiently protective of
the Lake and its ecosystems.
Fourth, by the same token, the effluent
limits for the tailings discharge upon which the
State relies are applicable to mining waste only.
The limits do not, as a result, adequately take
into account other wastes that exist in the
tailings pond as a result of the aquifer cleanup –
be it reverse osmosis residue or raw water from
the contaminated aquifer. Therefore, these limits
are insufficient to protect Great Salt Lake water
quality.
Fifth, apparently because there are no
numeric standards for the Lake, the State does
little or no water quality monitoring of Great
Salt Lake. Examination of the EPA’s STORET
database bears this out – there are no long term,
or even short term monitoring stations for
E14 (Cont.)portion of the Great Salt Lake to establish water quality
standards. This initial effort is to establish a sitespecific selenium standard,
although DWQ anticipates a similar approach for mercury and potentially
other metals as well. The Kennecott UPDES permit will be reevaluated as
standards are set for the Great Salt Lake.
E15 See specific response to E13 & E14 above.
E16 See specific response to E13 & E14 above.
E17 See specific response to E13 & E14 above. The State has been
conducting a monitoring program for nearly 30 years. The STORET
numbers include: 4982000, 4982080, 4982130, 4982450, 4982500,
4982600, 4983150, 4983380, 4983100, 4983050,4983200, and 4983000.
While the amount of data at each of these sites is variable, several are data
rich. E15
E14
E16
E17
the Lake. Again, this underscores that the State
is not in a position to protect Great Salt Lake
from the contaminants that result from the
processes envisioned by the ROD or 2006 EDS.
We appreciate the efforts of the State to
determine a numeric standard for selenium for the
open waters of Great Salt Lake. However, until a
protective standard is adopted for this
contaminant as well as the others that threaten
Great Salt Lake water quality, the health of the
Great Salt Lake ecosystem is jeopardized. This
means that the ROD and 2006 EDS cannot rely on the
State’s permitting authority to protect Great Salt
Lake. Moreover, the conclusion must be that the
ROD and 2006 EDS are indeed sacrificing the
ecosystems of Great Salt Lake to the ground water
clean up and are not merely moving contaminants to
the Lake where they can do even more harm.
Contaminants from the Aquifer are a Threat to the
Great Salt Lake Ecosystem.
The contaminants from the groundwater that
will make their way to Great Salt Lake or that
will threaten the Lake by their close proximity
are of significant concern. This is particularly
true because all assessments of the contribution
of the reverse osmosis residue to the tailings
line and the subsequent impact on the Lake are
based on concentrations, and not on loading.
There is no question that the reverse osmosis
residue will add significantly to the totals of
regulated contaminants discharged into Great Salt
Lake. Moreover, there is no monitoring data on
contaminant concentrations in the Lake and no real
understanding of the impact of the loading of
these contaminants on the Lake ecosystem.
That these contaminants adversely impact aquatic
life and wildlife is certain. The state
E18 See specific response to E13 & E14 above.
E19 See Response No. 1 and No. 2 and specific responses E13, E14 and
E17.
It is noted that the remedial investigations performed by Kennecott in
response to the Agencies’request,and the data collected were reviewed by
various organizations that have been part of an advisory council (South
Zone and North Zone Technical Review Committees) to the Agencies. The
Agencies note that the Friends of the Great Salt Lake are members of both
advisory councils.
E17
E18
E19
and federal government have established water
quality standards for inorganic substances and
metals found in significant levels in the reverse
osmosis residue such as chlorine, aluminum,
arsenic, cadmium, copper, lead, selenium and zinc
specifically because of the threat they pose to
aquatic life. Indeed, such standards apply to
every water body in the state other than Great
Salt Lake.
The Comment Period for the 2006 ESD Should Be
Extended.
FRIENDS is concerned that the public has not
had sufficient opportunity or adequate disclosure
of the issues raised by the 2006 ESD. Although
the 2006 ESD indicates that key documents and
reports are available at the West Jordan City
Recorder’s Office, the October 2006 Operation,
Maintenance and Replacement Plan is not among the
documents available there – notwithstanding that
the members of the public potentially most
affected by decisions related to the OU2
groundwater live closest to that repository.
Nor is there any information provided in the draft
2006 ESD as to what alternative Water Management
options are being considered in fundamentally
altering the provision in the 2000 ROD that
treated water from the barrier wells must be
delivered to a municipal water purveyor. The lack
of such information puts commenters in the
untenable position of speculating on potential
effects of this fundamental change without having
any publiclyavailable data or detailed
information regarding the proposed change. The
Agencies should address these deficiencies in the
information and documentation provided in the
public notice of the draft 2006 ESD and extend the
public comment period for at least 30 days after
new notice to the public that full documentation
E110 See Response No. 3 and please refer to the introduction section of
this response document.
E110
E19
is available in all document repositories.
The 2006 ESD as Proposed Represents an
Inappropriate Change to a Flawed CERCLA Remedy.
The overarching purposes of CERCLA are to
permanently remove hazardous substances which have
been released into the environment, eliminate
threats to health or the environment, and place
the costs of remediation on the parties
responsible for the releases. As commenters have
pointed out with regard to earlier documents
related to the selected remedy and Natural
Resource Damages (NRD) cleanup program, the remedy
selected and its implementation do not achieve the
intended purpose of a CERCLA remedial action.
The remedy selected in the 2000 ROD, as
modified by the 2003 ESD, effectively defeats all
three purposes of CERCLA. First, hazardous
substances in the contaminated groundwater are not
being permanently removed from the environment –
they are being moved to another location (the
North Tailings Impoundment) where they are subject
to minimal regulation under applicable
environmental statutes. Second, in this new
location, the hazardous substances pose
potentially greater threats to human health and
the environment than they did in the groundwater,
whereas a proper CERCLA remedy should eliminate
any threat from these contaminants. Finally,
Kennecott, as the responsible party, is not only
avoiding the cost of remediation, but has the
potential under the 2006 ESD to draw further
benefits from avoiding proper remediation of the
contaminated groundwater by being allowed to keep
and use water from the barrier wells in its
processes, to dump raw water directly into the
tailings line, or for treating and supplying to
Kennecott’s Daybreak community.
E111 See Response No. 1, 2, and 4.
Remedial costs are being assumed by Kennecott during its implementation
of the selected remedial responses to the CERCLA and NRD projects.
Under various agreements (to include the soon to be lodged RDCD for
Operable Unit No. 2 ) Kennecott will have the financial obligation to ensure
that it continues to implement the selected response actions.
As noted during the public comment period on the NRD Joint Proposal and
acceptance by the State of Utah Trustee of said proposal,Kennecott is not
treating groundwater from Zone A and providing it directly to Kennecott
Land’s Daybreak Master Planned Community. Drinking water to the
Daybreak community is derived under contract that the development has
with the City of South Jordan.
E111
E110
The 2006 ESD represents an opportunity for
the Environmental Protection Agency (EPA) and the
Department of Environmental Quality (DEQ)
(collectively, “the Agencies”) to correct these
deficiencies in the selected remedy and extract a
financial commitment from Kennecott to guarantee
the permanent and proper disposal of the hazardous
substances being extracted from the contaminated
groundwater in the West Jordan River Valley. The
Natural Resource Damages Trustee determined in
2004 that Kennecott had triggered the provisions
of the 1995 Consent Decree that allowed it to
begin reducing the Irrevocable Letter of Credit
guaranteeing the cleanup of the contaminated
aquifer – a determination which allows the
responsible party potentially to escape financial
commitment to the cleanup process, notwithstanding
the obligation remains on paper. That
determination reduced the certainty to the people
of Utah that the responsible party will follow
through on its obligations under the 1995 Consent
Decree, and drastically reduced the leverage that
the state and federal governments have to
guarantee that, sooner or later, the hazardous
substances in the groundwater for which Kennecott
is undoubtedly liable will be permanently removed
from the environment at the expense of the
responsible party.
In the 2006 ESD, Kennecott is asking for the
right to change the provision of the 2000 ROD that
waters extracted from the barrier wells is to be
treated and delivered to a municipal water
purveyor. This change increases the likelihood
that the selected remedy will result in threats to
the environment from the extracted but
inadequately disposedof hazardous substances in
the groundwater plume, if the excess barrier water
is routed directly into the tailings line.
Alternatively, allowing a responsible party to
E112 See Response No. 1, 2, and 4. The NRD CD and the 2004 NRD
Three Party Agreement are in place to ensure that the Trust Fund money
provided during the settlement is used to facilitate the cleanup of the aquifer
or provide a means to acquire the lost resource. Implemented response
actions have to comply not only with the terms negotiated under either
document but also with applicable federal, state and local regulations.
The proposed December 2006 ESD does not affect the contractual terms of
the 2004 NRD Three Party Agreement.
E113 See Response No. 1, 2, and 4.
The proposed December 2006 ESD simply recognizes the CERCLA
authority to ensure proper management of the barrier well water once
extracted. It further delineates that as part of assessing proposed
management options, the CERCLA authorities will ensure that the quality
of the water is appropriate for the proposed management option and that all
other obligations for the this water are met. As such, the treatment via RO
will be ensured by the State of Utah for the length of the operating period
required under the 2004 NRD Three Party Agreement.
The proposed December 2006 ESD does not contradict the NRD CD. That
Decree and agreement do not allow Kennecott to utilize for its own use any
of 7000 acrefeet of municipal quality water to be produced annually.
Kennecott is entitled under valid water rights to utilize other water that may
be extracted from the barrier wells or acid wells for purposes authorized by
those water rights.
E112
E113
extract contaminated water, separate out the
hazardous substances and dispose of them in a
minimallyregulated setting without a substantial
financial guarantee of eventual remediation, and
keep the resulting clean drinking water for its
own profit turns the “responsible party pays”
principle in CERCLA on its head. It also
contradicts section V(D)(5) of the 1995 Consent
Decree, which provides that “Kennecott shall not
receive or beneficially use any of the surface or
ground water resources provided to the public, and
which are developed for credit or developed by
expenditures of the Trustee pursuant to Section VD
of this Decree.”
Allowing Excess Water From Barrier Wells to be
Used for Purposes Other Than Delivery to a
Municipal Water Purveyor Contradicts the Agencies’
Selected Remedy.
A major concern of FRIENDS regarding the
Southwest Jordan River Valley Groundwater Cleanup
Project is the potential for adverse effects to
Great Salt Lake from the methods chosen for the
remedy and the implementation of those methods.
The alternative selected in the December 2000 ROD
requires treatment of waters from the barrier
wells and the delivery of treated waters to a
municipal water purveyor. December 2000 ROD at
82. In the 2003 ESD, DEQ and EPA approved a
change to the remedy that allowed Kennecott to
pump acid water from the heart of the plume
directly to the tailings line leading to the North
Tailings Impoundment, without first undergoing
treatment at the reverse osmosis facility. This
allowed Kennecott to potentially defer,
permanently, the removal from the environment of
hazardous substances in the water extracted from
the acid wells.
Now, in the 2006 ESD, the Agencies propose
E114 See Response No. 1, 2, and 4.
The original remedy under the 2000 ROD contemplated that the acid core
water would undergo pretreatment prior to being sent to the reverse osmosis
treatment plant for treatment to the applicable Utah primary and secondary
drinking water standards. The pretreatment was required because of the
concentrations of the contaminants of concern dissolved in the acid core
water. The pretreatment was to be accomplished through the use of
nanofiltration. Pilot tests of the nanofiltration option determined: 1) the
production volumes of feed water for the reverse osmosis plant were small,
2) the pretreated water still required pH adjustments to neutralize the water
after the nanofiltration process, 3) the treatment membranes were fouled
often requiring frequent plant shutdowns for maintenance or replacement
activities. These issues culminated with Kennecott researching and
subsequently recommending an alternative: delivery of the extracted acid
core water to the Tailings Pipeline to undergo neutralization (which would
allow the metals of concern to sorb to aluminum and iron hydroxide
precipitants). Since the CERCLA authorities are required to ensure the
proper management of extracted water in this particular case, the Agencies
evaluated the option proposed by Kennecott with assistance from the South
Zone TRC and rendered a clarification in the August 2003 ESD.
Please refer to Appendices A and C in the December 2002 RDRA work
plan.
E114
E113
under “Water Management” a “clarification” which
would “allow other management options for barrier
well water including continued use by Kennecott
for industrial needs or the provision of raw or
treated barrier well water for any other lawful
use that is both consistent with the quality of
the water, previous decision documents and
acceptable to EPA and UDEQ.” This change is
unwarranted. As an initial matter, there is no
question that EPA and DEQ have authority under
CERCLA to regulate the cleanup of the contaminated
water being drawn from the barrier wells. The
courts of appeals are uniform in holding that
liability under CERCLA for the costs of remedial
action or NRD arises from the release of any
amount of a hazardous substance. 1 Even at the
edges of a release plume, where hazardous
substances are present, CERCLA authority persists.
Indeed, EPA has long considered the entire 200
length of the Hudson River to be a Superfund site
based on contamination from PCBs, even though the
area of principal concern is a 13mile stretch in
the upper reaches of the river and even though PCB
levels downstream are closer to background levels
for northeastern waters.
The change to water management proposed in
the 2006 ESD, in addition to the change allowed in
1 For example, the First Circuit has held that
there is no minimum quantity threshold for the
imposition of liability on responsible parties.
United States v. Davis, 261 F.3d 1, 52 (1 st Cir.
2001). In Acushnet Co. v. Mohasco Corp., 191 F.3d
69, 76 (1 st Cir. 1999), the same court noted that
the Ninth, Second, and Fifth Circuits agreed on
this point, citing also the absence of any
definition of minimum level in CERCLA’s definition
of a “hazardous substance” in 42 U.S.C. § 9601(14)
and the broad use of the term “any person” in the
liability provision in 42 U.S.C. § 9607(a).
E114
the handling of water from the acid wells in the
2003 ESD, could allow contaminated water (that
would, by itself, likely be considered a hazardous
waste) to be added back into Kennecott’s tailings
line for disposal of the toxic constituents in the
North Tailings Impoundment. Under the 2006 ESD,
the remedy for the contaminated groundwater in the
West Jordan River Valley 2 allows Kennecott yet
another avenue of permanently deferring the
removal of hazardous substances from the
environment. Raw contaminated water from the
barrier wells could now directly increase the
deposition of toxic chemicals into the North
Tailings Impoundment.
Although page 4 of the October 2006 South
Facilities Groundwater OM&R Plan refers to the
solids deposited in the North Tailings Impoundment
as “nonhazardous treatment residuals,” the heavy
metals which precipitate out of the tailings line
neutralization process are in fact highly toxic,
even though they may not technically be “hazardous
waste” under Resource Conservation and Recovery
Act (“RCRA”) regulations that exempt mining
related waste from the definition of “hazardous”
waste. Indeed, the Kennecott mine, concentrators
and power plant consistently rank as having the
highest releases of toxics to land in the State of
Utah. In 2003, the most recent reporting year,
Kennecott accounted for 89% of the toxic releases
to land – over 180 million pounds of toxic
chemical releases to land – the great bulk of
which go into the North Tailings Impoundment.
Allowing Kennecott, through the 2006 ESD, to
increase the deposition of toxic chemicals in the
2 The 2006 ESD contains occasional references to
the “West Jordan Valley,” which should be
corrected to “West Jordan River Valley” where it
occurs.
E115 See Response No. 1 &2
E115
E114
tailings pond is a direct contradiction of the
intent of the 1995 Consent Decree and the remedy
selected in the 2000 ROD that the extracted
groundwater be removed, treated to drinking water
standards, and permanently remediated, at the
expense of the responsible party.
The 2006 ESD Further Increases the Possibility of
Contamination of Great Salt Lake by Increasing the
Deposition of Toxic Chemicals in the North
Tailings Impoundment.
The proposed change in the allowable usage
of water in Zone A, diverting the water from use
for municipal drinking water, potentially allows
another source of untreated, contaminated water to
be added to the tailings line, increasing the
concentration and quantity of toxic metals and
other water pollutants in the North Tailings
Impoundment. This increases the risk that storm
discharge events or other upset events will result
in an adverse impact to Great Salt Lake, because
larger amounts of toxic metals will be stored in
the tailings pond subject to unplanned discharge.
If raw water from the barrier wells were sent
directly into the tailings line, the increased
quantity of water entering the North Tailings
Impoundment could also result in larger outflows
into Great Salt Lake.
The result of the 2000 ROD, the 2003 ESD,
and the proposed 2006 ESD allows Kennecott to
remove acid and toxic metals from an aquifer where
these contaminants are regulated under CERCLA and
move them, with minimal treatment for the toxic
metals, into an unlined impoundment where they may
not be subject to regulation under RCRA. Once in
the North Tailings Impoundment, these toxic
sediments are susceptible to discharge into Great
Salt Lake, into the air, into the groundwater, or
E116 See Responses No. 1 &2, and specific responses E13 and E14.
E116
E115
onto land as a result of winds, storms, or
stormwater overflow events. A rise in the level
of Great Salt Lake could also cause the
unregulated discharge of the toxic sediments into
the lake or the lands and groundwater surrounding
the Tailings Impoundment.
EPA and DEQ should use the opportunity presented
by the proposed ESD to require Kennecott to create
and provide a present financial guarantee against
the inevitable remediation and closure of the
North Tailings Impoundment.
The purpose of the 1995 Consent Decree was
clearly to treat the contaminated water removed
from the potential Superfund site, and EPA and DEQ
extracted a promise from Kennecott to do just that
in exchange for not listing the site on the
National Priorities List. The 2000 ROD reflects
this purpose in its remedy selection. The 2006
ESD itself reiterates that CERCLA Section 121
requires EPA to select a remedy that “uses
permanent solutions” and “resource recovery
technologies” to the maximum extent practicable.
The extraction of metals from the contaminated
groundwater, and the permanent isolation of these
contaminants from the environment by disposal in a
RCRApermitted hazardous waste disposal facility,
is necessary for a “permanent solution” to the
contamination of the groundwater underlying the
West Jordan River Valley.
Through the 2003 ESD, Kennecott escaped part
of its obligation to thoroughly remediate the
water extracted from the acid wells, instead
transferring the contaminated water into its
tailing line for Kennecott now seeks through the
2006 ESD to further minimize its remediation
obligation or achieve some financial benefit from
an additional change that would allow it to
beneficially use water extracted from the aquifer
E117 See Responses No. 1, 2, and 4.
Closure requirements for the Impoundment are within the jurisdiction of the
Division of Oil, Gas and Mining (DOGM)reclamation program. Kennecott
has received from DOGM a permit for the Impoundment, for which it has
posted a full cost reclamation bond,which specifies the tasks to be
undertaken by Kennecott at the time that the facility is no longer needed for
operations. Because the Agencies have recognized the benefit from
coordinating activities with DOGM, representatives from the DOGM have
been members of the South Zone TRC for some time.
The NRD CD with Kennecott Utah Copper Corporation and the intervener,
Jordan Valley Water Conservancy District, was a settlement to resolve the
damage claim the State of Utah filed against Kennecott for the TDS and
Sulfate impacted groundwater in Zone A and B. Though treatment was
contemplated under the consent decree as a response action, treatment was
only a requirement if Kennecott Utah Copper Corporation determined to
make use of the Decree provision that allowed it to request a reduction of
the Letter of Credit by providing drinking water to the public.
The NRD CD required the following primary actions: 1) Complete the
federal Remedial Investigation and Feasibility Study for OU2, 2) Complete
the construction of source control measures (specifically noting the
completion of the Bingham Canyon Cutoff Wall), 3) Construct and operate
an extraction well within the acid core of Zone A and equip the well to
extract at least 400 acrefeet per year on a five year rolling average (with the
understood purpose to begin reducing the footprint of the acid plume of
Zone A and to contain the sulfate groundwater), 4) provide the State of
Utah Trustee with a $9 million cash settlement and a $27 million Letter of
Credit to be used by the Trustee to “restore, replace or acquire the
equivalent lost resource). Furthermore the NRD CD required that response
actions be performed in compliance with appropriate federal, state and local
regulations.
The provisions of the NRD CD prevent Kennecott from benefiting from the
use of extracted and “treated” water. The proposed December 2006 ESD
does not alter this requirement, but as stated in the proposed ESD (and
noted by the bolded/underlined quoted text)allows “other management
options for barrier well water including continued use by Kennecott
E117
E116
for its own profit, in violation of section
V(D)(5) of the 1995 Consent Decree. Under that
provision, Kennecott has developed the barrier
well water, and received credit for doing so
through the August 31, 2004 NRD Trustee Findings
and Conclusions. Any use of the barrier well
water by Kennecott is strictly limited by this
provision, and the 2006 ESD should place a
corresponding limitation on “Water Management,” in
place of the provision in the proposed ESD that
Kennecott would be allowed to use this water for
any lawful use.
In the alternative, EPA and DEQ should use this
opportunity of Kennecott’s request for beneficial
use of the excess water from the barrier wells to
extract a financial guarantee for the eventual
closure and remediation or total isolation of the
hazardous substances now being removed from the
OU2 groundwater and being dumped into the North
Tailings Impoundment. Although the 2006 ESD
reiterates that a postclosure plan will someday
be developed for the mine and tailings impoundment
(2006 ESD at 2, bullet point 8) 3 the appropriate
time to deal with the toxic chemicals derived from
the groundwater of the West Jordan River Valley is
now – not years from now, when it may no longer be
possible to obtain financial guarantees related to
a closed facility.
As a condition of any change to the remedy,
the Agencies should insist on the preparation of a
postclosure plan related to the hazardous
substances disposed of from the OU2 cleanup, even
if those hazardous substances are being placed for
the time being in the tailings pond until the mine
3 The draft 2006 ESD’s reference on page 2, bullet
8 to “postmine closure plan” could be corrected
to read “mine postclosure plan” to track the
language in other cleanuprelated documents.
E117 (cont.) for industrial needs or the provision of raw or treated barrier
well water for any other lawful use that is both consistent with the quality of
the water,previous decision documents and acceptable to EPA and UDEQ.”
Deferment of the proposed listing package for the Kennecott North and
South Zones was provided by the Agencies, not because of the NRD CD,
but because of the 1995 Memorandum of Understanding negotiated and
rendered between Kennecott Utah Copper Corporation and the Agencies.
The MOU required Kennecott to undertake certain activities, including the
completion of the Remedial Investigation and Feasibility Study for
Operable Unit No. 2 (Zone A Acid Plume). In Response the U.S. EPA
Region VIII and UDEQ agreed to take certain actions, which included
reducing duplicative oversight and deferment and eventual withdrawal of
the NPL listing packet.
E118 See Response No. 2.
E117
E118
and pond are ultimately closed, and require
Kennecott to open a new Irrevocable Letter of
Credit or provide a similar secured financial
guarantee to assure that the hazardous substances
derived from the groundwater cleanup will be
permanently removed from the environment.
The 2006 ESD Will Allow Kennecott to Violate the
Terms of the Selected Remedy.
On the second page of the 2006 ESD, the
Agencies erroneously state that “[n]eutralization
and metals removal takes place in the tailings
line.” Metal removal is not achieved through the
process approved in the selected remedy; rather,
as the 2000 ROD states on page 82, “[a]cids would
be neutralized and metals would precipitate into
the tailings slurry” as a result of the insertion
of water from the barrier wells into the tailings
line. As discussed above, the fundamental
shortcoming of the selected remedy, which the 2006
ESD does not change, is that metals are not being
removed permanently from the environment, nor
threats to health and the environment eliminated,
by the precipitation of these metals into the
North Tailings Impoundment. The 2006 ESD in final
form should not include a statement that “metals
removal takes place” when it evidently does not –
at a minimum, this language must be conformed to
the language of the 2000 ROD.
The Final Cleanup Level for Sulfate is Unwarranted
Because Natural Attenuation to 500 mg/L is
Unlikely to Occur.
FRIENDS is also concerned that the
hydrological conditions of the West Jordan River
Valley will never achieve natural attenuation of
sulfate to 500 mg/L if active remediation is
E119 See Response No. 1 & 2. The neutralization reaction (as supported
and documented in Appendices A and C of the December 2002 RDRA
work plan) does cause the metals and metalloids to precipitate from
solution. Thus the metals and metalloids are removed from the water that is
either recycled from the Impoundment by Kennecott into its process circuit
or is allowed to be discharged in compliance with the permit limitations of
the recognized “Applicable, Relevant, Appropriate Regulation”, the State of
Utah UPDES program. Kennecott then manages the solids (tailings, metal
hydroxides, etc.) in the Impoundment.
Operational controls at the Impoundment (such as directed solids
placement, decanting of water, and various applied environmental controls)
facilitate the permanent sequestration of these metals in the Impoundment,
so as to permanently render them stable and unavailable. As noted
previously, once sequestered in the Impoundment the metal/metalloid
complexes are insoluble under the geochemical conditions prevailing in the
impoundment.
E120 The Agencies certainly recognize that in order for natural attenuation
to work for an inorganic contaminant such as sulfate, there must be a source
of cleaner water to facilitate attenuation. At this time, the Agencies do not
have any objective indication that there is insufficient recharge to allow for
natural attenuation of sulfate when concentrations are less than 1,500 mg/l.
Indeed, the Agencies are encouraged by monitoring data from the plume
which indicate not only cleanup in the core of the plume as a direct result
of pumping, but also declining sulfate concentrations in a number of wells
on the plume margin which are affected by both pumping and natural
attenuation.
E118
E119
E120
halted once sulfate has reached 1500 mg/L. 4 The
West Jordan River Valley is overdrafted, Kennecott
cuts off potential fresh water recharge as a
byproduct of its mine dewatering efforts, and
allowing the diversion of barrier well water
either to the process operations, the tailings
line, or for use as drinking water in the
privatelyoperated Daybreak community eliminates
an important source of fresh water that otherwise
would be available to recharge the aquifer.
Without recharge sources, it is highly unlikely
that there will be any natural attenuation of
sulfate in the aquifer. Accordingly, active
remediation of the sulfate plume below the 1500
mg/L threshold currently proposed should be
required as a condition of the remedial action.
Thank you again for this opportunity to comment on
the 2006 EDS. FRIENDS hopes that you will take into
account its concerns when making crucial decisions
regarding the aquifer cleanup. Most importantly,
we hope that you will not allow efforts to clean
up the aquifer to result in any additional
contamination of Great Salt Lake and, in any case,
that the mechanisms are in place to ensure real
protection of this invaluable ecosystem.
David Becker
Joro Walker
Attorneys for FRIENDS of
Great Salt Lake
cc: Rep. Jackie Biskupski(jbiskupski@utah.gov)
4 The reference to “1500 ppm or less” in bullet 4
on page 2 of the 2006 ESD should probably be
changed to “1500 ppm or more.”
E120
Comments From Mr. Rod Dansie – Email No. 06E2
From: "Rodney Dansie" <rod@pcmw.net>
To: <dbacon@utah.gov>
Date: 12/7/2006 9:54 PM
Subject: Fw: E. S. D. unit 2 12/8/06 comments
to DEQ/EPA
Original Message
From: Rodney Dansie
To: dbacon@utah.gov
Sent: Thursday, December 07, 2006 9:41 PM
Subject: E. S. D. unit 2 12/8/06 comments to
DEQ/EPA
12/7/2008
Doug Bacon / D E Q
Hi Doug the following are a few comments
regarding the E.S.D. proposed by DEQEPA
l. recomend numbering each of the 5 pages for
future reference and to verify that all pages have
been copied.
2. Why does the document allow Kennecott to use
"treated" water for their own use if more is
produced to clean the plume. It should not go
back to Kennecott for there benefit in the land
develpmetnt projects.
3. I am most concerned about the addational
pumping of water from the bairer wells rather than
the plume area since this addational pumping will
further draw down the acqifers in the South West
area specifically west of Herriman and may well
futher impact the existing water rights with the
water going to Kennecott. (There is only so much
water to pump out and this will increase that
E21 The State of Utah has reached a settlement with Kennecott Utah
Copper for damages to groundwater resources in the Southwest Jordan
Valley. This settlement is the subject of the NRD CD and the 2004 project
proposal jointly made by Kennecott and Jordan Valley Water Conservancy
District and approved by the State Trustee for Natural Resources in August
2004. Under the settlement, Kennecott will extract groundwater from the
plume and provide a certain volume of drinking water annually for 40 years.
This water is distributed to the communities of West Jordan, South Jordan,
Riverton, and Herriman at discount rates by Jordan Valley. Kennecott must
comply with state water rights law in its groundwater extraction and
remediation program and has assigned water rights to this project to allow
the extraction of water from the plume. Kennecott’s water rights allow use
of extracted water for drinking water production and for other valid uses.
E22 The remedy selected for this site by the Agencies includes extraction
of water from the barrier wells. The Agencies consider this a critical
component of the remedy that is intended to prevent the further migration of
contaminated water to areas east of the barrier wells. Kennecott has not
made a proposal to increase the extraction of water from the barrier wells
and the ESD is not approving any increased extraction from these wells.
The barrier wells are located on the margin of but within the sulfate plume
associated with Zone A. Additional wells are located in the core of the
plume. These wells accomplish the remedial action objectives of
containment and remediation.
Kennecott must comply with state water rights law in its groundwater
extraction and remediation program and has assigned water rights to this
project to allow the extraction of water from the plume. When reviewing
the December 2002 RDRA work plan, the Agencies and members of the
South Zone Technical Review Committee recognized that aquifer
drawdown was a likely consequence of the proposed remedial program. In
response, Kennecott articulated a process for working with thirdparty water
right holders in the final design (see Section 4.3). This process is preserved
in the October 2006 OM&R work plan (see Section 6.0).
E23 The primary focus of the CERCLA remedy is containing and reducing
the acid plume of Zone A.
E21
E22
amount effecting existing water rights and the
dewatering of the South West area and benefiting
Kennecott by allowing the use of the industrial
water for land development projects)
The recharge is already being effected since the
water goes away in pipes and the recharge is gone
lowering the water table. ( It doesen't seem right
under the 1995 consent decree)
4. The area affected above Herriman is not getting
any water municipal or industral replaced to the
area affected. ( Still a problem and should re
visited in view of the addational pumping allowed
under the Proposed E.S. D. unit2 ) This is a
problem and time will show that the south west
area is bing dewater by the pump and treat program
since no water is going back to recharge the
area.
5. If this extra pumping is allowed to lower
Kennecotts cost of cleaning the plume and lower
the costs for producing the municipal water it is
at the expense of land owners, water rights
holders and tax payers and should not be approved
as it does not follow the 1995 consent decree.
6. Kennecott should not be rewarded for producting
copper by acid leach operations for 30 years which
have poluted the water and then be paid to pump
the water and clean it for there own use at the
expense of tax payers. The water is to go back to
the area effected and that is not happening and
the area is being further dewatered by the
proposed changes to the 1995 decree and clean up
plan.
7. The model should be updated to show the effect
of the proposed addational pumping and how it will
effect the whole South West quardent.
E23 (cont.) Prior to the initiation of the remediation project by Kennecott
in the early 1990’s,Kennecott began a groundwater monitoring program to
measure the water level elevations of the aquifer in the southwest Jordan
Valley. Future monitoring data will be compared to the baseline
representation to evaluate the effectiveness of the remediation and its
impacts on water levels and groundwater quality in the valley. This
information is reported on an annual basis to the South Zone TRC,
including the Agencies. Such information will continue to be used to
evaluate potential quantity or quality impacts, including reduction in
contaminants and prevention of migration of the acid plume of Zone A.
Data collected through this monitoring program have shown that the aquifer
has historically been over extracted and continues to drop as a function of
current extractions both related and unrelated to Kennecott’s remediation
program. Based on the data, it has been determined that drawdown of the
aquifer in the immediate area of the Zone A plume is unavoidable and
necessary to contain the contamination. In the absence of this extraction, the
acid contaminated water could spread to contaminate other areas of the
aquifer.
Because of the potential to cause localized water level impacts the
CERCLA Authorities recognized a need for Kennecott to develop
procedures to address potential water level impacts caused by pumping of
the acid plume.
The procedures are intended to provide an avenue for water rights owners to
have their concerns addressed. If an affected water rights owner chooses not
to participate in this process, or if the owner disagrees with the
determination in this informal process, there is no prohibition on pursuing
other available legal avenues to address the claim or concern. In addressing
impacts, Kennecott will include an evaluation involving the water rights
holder and consultation with the Division of Water Rights. The existence of
these procedures does not affect the rights of the well owners or the rights
of Kennecott or JVWCD. The procedures are designed to provide a
voluntary avenue to resolve potential well owner claims.
E24 Kennecott has not made a proposal to increase the extraction of water
from the barrier wells and the ESD is not approving any increased
extraction from these wells. Subsequent to the notice of the proposed
December 2006 ESD and the acceptance of public comments, KUCC has
E23
E24
E25
E26
Conclusions:
The Rod and 1995 Consent decree are not being
followed and it is at the expense of the ground
water and water rights in the South West and
Butterfield cayon area and drainage by lowering
the water tables and dewatering the mountains and
giving another windfall to Kennecott for its land
developments by allowing them to pump extra water
and keep the cleaned up industrial water. It is a
bad idea and should not be allowed as proposed.
It is here by requested that a extension of at
least 30 to 60 days be granted to allow for
further investigation of the effects of the
proposed E. S. D. and more public information be
made avaiable and imput allowed on further
investigation in to the proposed changes. IT
APPEARS THAT NO ONE IS LOOKING OUT FOR THE EFFECT
TO THE ENVIOREMENT AND THE DEWATERING OF THE
SOUTHWEST AREA AND THE CANYONS AND WEST MOUNTAINS.
SAMES AS THE LAST 150 YEARS BEFORE REGULATION. WE
CAN DO BETTER. PLEASE GRANT A EXTENSION OF TIME TO
GET INFORMATION AND MAKE FURTHER COMMENTS
Comments submitted and extension of time requested
for further study and comments./
Thanks J. Rodney Dansie
P. S. please cc: this memo of comments and
request to addational time to investigate and
write comments to
1. Max H. Dodson EPA region 8
2. Dianne R. Nielson, Ph.D. Executive Director of
Utah DEQ
E24 (cont.)notified the Agencies of an application to the Division of
Water Rights to assign additional water rights to the acidic water extraction
wells in order to increase the extraction of highlycontaminated
groundwater and optimize and expedite aquifer remediation. Increased
extraction of acidic waters can only increase Kennecott’s costs.
E25 See Response No. 4.
The water management option clarification of the proposed December 2006
ESD does not allow for Kennecott to get paid “to pump the water and clean
it for there own use at the expense of the tax payers”. The water
management option does provide an opportunity to Kennecott to propose to
the Agencies an alternative to managing the raw or treated water derived
from the Barrier Wells. However as noted in the proposed December 2006
ESD, the Agencies will evaluate any proposal to ensure that the proposed
option is lawful and “…is both consistent with the quality of the water,
previous decision documents and acceptable to EPA and UDEQ.” The
Agencies recognize the need for Kennecott to comply with the contractual
clauses of the 2004 NRD Three Party Agreement and will ensure that the
water necessary to meet these clauses is not sent elsewhere.
E26 See introduction of this response summary concerning the purpose
and rationale behind the proposed clarifications in the proposed December
2006 ESD. The proposed extraction rate for the acid core extraction wells
is a minimum extraction rate that is intended to ensure containment and
reduction of the acid plume in Zone A. In review of the December 2002
RDRA work plan, higher extraction rates were contemplated, modeled and
found to be feasible.
The Agencies are interested in seeing the acid plumes reduced over the
quickest time frame possible, hence reducing the time that this plume acts
as a threat to the aquifer system in the southwest quadrant of the valley.
The minimum extraction rate stated within the proposed December 2006
ESD is intended to ensure that this happens.
E27 See introduction section of this response document on the purpose of
the proposed minimal extraction rate and specific responses E23 and E26.
E27
E29
E28
E28 See Response No. 3.
E29 See Response No. 4.
The Agencies have been involved with overseeing the progress of the
remedial activities employed at Operable Unit No. 2, since the site’s initial
characterization. The Agencies continue to be involved in reviewing annual
remediation progress reports, reviewing Kennecott’s responsiveness to third
party impact claims, providing feedback to the communities in the affected
area on the remediation progress,assessing and addressing issues that have
or may arise that effect the environment where this work is taking place,
and assessing the impact the remediation project has on the overall aquifer.
Comments From Mr. David B. Smith – Letter No. 06L1 L11 See Response No. 1 & 2.
The waste water streams (extracted acid core water and reverse osmosis
concentrate) derived from addressing Zone A are both being directed to
Kennecott’s tailings pipeline not to the Jordan River.
L11
Kennecott South Zone – Southwest Jordan Valley Groundwater Plumes OU2
U.S. Environmental Protection Agency, Region VIII
&
Utah Department of Environmental Quality
June 2007 Explanation of Significant Difference
Comment Response Summary
Appendix