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HomeMy WebLinkAboutDERR-2024-012439Sent via electronic mail Rob Hartman Environmental Manager US Magnesium, LLC rhartman@usmagnesium.com Re: Agency acceptance and finalization of Baseline Ecological Risk Assessment Report, Baseline Human Health Risk Assessment, and Remedial Investigation Path Forward, Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study (Docket No. CERCLA-08-2011-0013) US Magnesium Superfund Site, Tooele County, Utah Dear Mr. Hartman: The U.S. Environmental Protection Agency has completed its review of the Operable Unit 1 (OU1) Baseline Ecological Risk Assessment Report (BERA Report), submitted October 17, 2024, pursuant to the Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study (Docket No. CERCLA-08-2011-0013) (AOC) for the US Magnesium Superfund site (Site). The EPA hereby approves the OU1 BERA Report, as submitted October 17, 2024. This report fulfills the requirements of Section 5.3.1.4 and Section 5.3.1.5 of the Statement of Work (SOW), for OU1. The OU1 Baseline Human Health Risk Assessment (HHRA), submitted to the EPA on April 29, 2022, has also been approved by the EPA and fulfilled the requirements, for OU1, of Section 5.3.2.1 and Section 5.3.2.2 of the SOW. The final, EPA-approved versions of both the OU1 BERA Report and HHRA are enclosed with this correspondence. The next deliverable listed in the SOW is the Draft Remedial Investigation (RI) Report. Due to unanticipated and/or changed circumstances at the Site, including the stop in construction of the slurry/barrier wall (i.e. CERCLA Response Action), termination of magnesium and lithium production, and the subsequent reduction of air emissions from the US Magnesium (USM) facility, USM shall proceed with an RI Report for only the unsaturated zone soils at this time. Pursuant to the SOW (Section 5.4 of the AOC), the draft RI Report will be due within 200 days of confirmation of the determination that no further field work is necessary. If further field work is necessary, the EPA requests that USM submit, within 14 days, a timeline for completion of any further field work necessary for an RI Report for unsaturated zone soils. Alternatively, if no further field work is necessary, USM shall begin developing a Draft RI Report (for unsaturated zone soils) to be submitted within 200 days. The EPA requests that USM provide confirmation of willingness and intention to proceed with the proposed path forward within seven days of receipt of this EPA request. If you have any questions or concerns, please contact me at Lynch.Tabetha@epa.gov. Sincerely, Tabetha Lynch Remedial Project Manager Enclosures: Final OU1 BERA Report Final OU1 HHRA cc: Andrew Schmidt, EPA Matt Hogue, EPA Wes Sandlin, UDEQ Kelsey Robinson, UDEQ