DERR-2024-007711

NRD Trustee – Comment Response Summary, Section 13 13-1
SOUTHWESTERN JORDAN VALLEY GROUNDWATER CLEANUP PROJECT
STATE OF UTAH NATURAL RESOURCE DAMAGE TRUSTEE

COMMENT RESPONSE SUMMARY
AUGUST 31, 2004

Several commenters raised questions about future regulatory oversight, including the construction
and operation of the proposed water treatment plants.

The operations of Kennecott and the Jordan Valley Water Conservancy District (JVWCD) will
continue to be regulated by EPA and DEQ under applicable federal and state environmental laws.
These regulatory authorities will continue to govern the groundwater cleanup project, including
operation of the water treatment plants and disposal of any concentrates from those plants. The
State of Utah has various permit and inspection oversight authorities regarding the operations.
DEQ permitting and inspection oversight includes surface water, groundwater, storm water, and
drinking water, air emissions, and solid and hazardous waste handling and disposal. The two
Agreements that implement the Consent Decree also reference permit requirements for the water
treatment plants as part of the contract provisions. Finally, the Consent Decree provides a portion
of the Trust Funds to be used by DEQ to oversee the groundwater cleanup project. Under the
implementing agreement, $815,000 has been allocated to DEQ for oversight and management of
the Joint Proposal.

DEQ, the Divisions of Oil, Gas, and Mining, and the Division of Water Rights are working
collaboratively to assure that this project will meet the requirements of state law as well as the
requirements of the Consent Decree. EPA has authority for compliance with CERCLA.

The Technical Review Committee (TRC) will continue to meet regularly to oversee the design,
construction, and eventual operations of the facilities associated with this project, including
review and evaluation of monitoring data as operations proceed. The models used to demonstrate
containment and reduction of contamination assist the project personnel to optimize the extraction
program. The information will be updated and reviewed by the Technical Review Committee
and other interested parties. These reports will be placed in the project folder to maintain the
institutional knowledge of the project. Agencies such as the Department of Environmental
Quality and EPA will retain regulatory authority over the operator. The TRC will make
recommendations to EPA, DEQ, and the Trustee, if changes in operations are warranted, based on
its evaluation. The TRC is comprised of representatives from state and federal regulatory
agencies, local government, Kennecott, JVWCD, and environmental interests.

The Stakeholder Forum, recently established by the Trustee, will provide a mechanism for
informing the public of the progress of the groundwater cleanup. The Stakeholder Forum will
receive updates from the TRC on the groundwater cleanup and can provide a forum for
discussion of related issues. Information will also continue to be provided on the DEQ website at
www.deq.utah.gov

Response to Common Comment No. 13 – Regulatory Oversight of Construction and
Operation of the Project