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Ref:8ORC-LE -C
REGION 8
DENVER,Co 80202
October11,2024
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Rob Hartman
Environmental Manager
US Magnesium LLC
238 North 2200 West
Salt Lake City,Utah 84116
[e-mail]
Re:Notice of Intent to Perfect a Lien
US Magnesium Superfund Site,Tooele County,Utah
Dear Mr.Hartman:
This notice serves to provide notice of liability and intent to perfect a Superfund lien with regard to US
Magnesium LLC (USM)-owned property in and around the USM facility and the US Magnesium
Superfund site (Site),located in Tooele County,Utah.The U.S.Environmental Protection Agency (EPA)
is charged with both responding to the release or threatened release of hazardous substances,
pollutants and contaminants into the environment and with enforcement responsibilities under the
Comprehensive Environmental Response,Compensation and Liability Act,as amended,42 U.S.C.
§9601-9675 (CERCLA).
Site History
EPA has documented the release and threatened release of hazardous substances into the
environment at the Site.EPA has spent public funds to investigate and control releases of hazardous
substances or potential releases of hazardous substances at the Site.Specifically,EPA has incurred
Remedial Investigation/Feasibility Study (Rl/FS)response costs,in reviewing and developing plans,
reports,and other items,verifying work performed,and otherwise implementing,overseeing or
enforcing the Administrative Settlement Agreement and Order on Consent for Remedial
Investigation/Feasibility Study (CERCLA Docket No.CERCLA-08-2011-0013)(Rl/FS ASAOC),as described
in Paragraph 10(m)of the Rl/FS ASAOC.These actions have been taken by EPA pursuant to CERCLA and
the Rl/FS ASAOC.
The Site was listed on the National Priorities List (NPL)in 2009.The NPL is a list of some of the nation's
most contaminated sites,commonly referred to as Superfund sites.EPA continues to investigate the
nature and extent of the environmental contamination at the Site as part of the remedial investigation,
overseeing USM's production of risk assessment documents,a remedial investigation,and a feasibility
study pursuant to the Rl/FS ASAOC.On August 16,2024,EPA issued a Bill for Collection to USM for
$362,792.29,pursuant to Section XVIII of the Rl/FS ASAOC,for response costs incurred in fiscal year
2023 and interest.USM failed to make the initial installment payment of $60,901.24 by September 16,
2024,after which the entire remaining balance of $365,407.42 (plus any interest accrued due to the
delinquent payment)became due and payable to EPA.
Notice of Liability
Under CERCLA,the Agency's mission is to protect human health and the environment from the actual
or potential risks posed by exposure to contaminated or potentially contaminated land and other
media.Accordingly,the Agency has the authority to conduct a comprehensive investigation of any
hazardous substances,pollutants and contaminants that may be present in the vicinity of a Superfund
site and any parties that may be liable under CERCLA.Responsible parties under CERCLA Section
107(a),42 U.S.C.§9607(a),include,among others,owners and operators at the time of disposal of any
hazardous substance,as well as current owners and operators.If a person or entity falls within the
categories of responsible parties defined by CERCLA §107(a),then they may be held strictly liable,
which means that liability can be imposed without a finding of fault or culpability.Responsible parties
may be held liable for monies expended by the federal government in taking response actions,
including investigative,planning,removal,remedial and enforcement actions at and around sites
where hazardous substances have been released.Responsible parties may also be subject to orders
requiring them to take response actions themselves.In this case,USM is a party to the Rl/FS ASAOC,
which requires USM to timely pay EPA's Rl/FS Response Costs,upon periodic billing by the Agency.
By this letter,we notify you that EPA has reason to believe that USM is the current owner of parcels of
property making up the USM facility,located approximately 15 miles north of Interstate 80,33 miles
north of Grantsville,and on the southwest end of the Great Salt Lake,and including USM's magnesium
and lithium processing and production facility and surrounding area.1 Accordingly,USM is liable with
respect to the Site under Section 107(a)of CERCLA.
Notification of Intent to Perfect a Superfund Lien
CERCLA gives the EPA the funds and authority to clean up contaminated sites.Pursuant to CERCLA
Section 107(I),42 U.S.C.§9607(I),a Superfund lien arises on a property where the United States has
expended public funds to clean up contamination at the property and has notified the owner in writing
of potential CERCLA liability.A Superfund lien allows the United States to recover response costs from
parties liable under CERCLA Section 107(a)and replenish the Superfund Trust Fund.The lien continues
until the liability for EPA's response costs has been satisfied or has become unenforceable through the
operation of the statute of limitations provided in CERCLA Section 113(g),42 U.S.C.§9613(g).
As stated above,EPA has expended public funds in taking response actions pursuant to CERCLA at the
Site.EPA understands that parcels making up the USM facility were conveyed accordingly:
'Tooele County Parcel Numbers for 14 parcels owned by USM are,as follows:04-019-0-0001,04-019-0-0002,04-019-0-
0005,04-019-0-0009,04-019-0-0010,04-021-0-0001,04-021-0-0002,04-021-0-0003,04-021-0-0004,04-022-0-0010,04-
022-0-0011,04-022-0-0012,14-014-0-0001 and 14-014-0-0002.
Twelve of the fourteen Tooele County parcels were transfer to USM,from Magnesium
Corporation of America,by Special Warranty Deed,on June 24,2002.
Tooele County Parcel Numbers 14-014-0-001 and 14-014-0-0002 were obtained by USM from
Tooele Power,Inc.through a Quit Claim Deed,dated June 3,2009.
As stated above,EPA has reason to believe that USM is liable under CERCLA Section 107(a)to
reimburse the United States for funds that the EPA expends in addressing hazardous substances at the
Site.
The EPA has assembled a Lien Filing Record consisting of records and documents relating to and
supporting the filing of a lien.A copy of the index to the Lien Filing Record is enclosed with this letter
and you may receive a copy of the documents in the Lien Filing Record by requesting them from Max
Greenbium,EPA attorney,by phone at [phone] or [e-mail] EPA has
reviewed the information in the Lien Filing Record and believes that the statutory elements for
perfecting a lien exist.Accordingly,EPA intends to perfect a lien by filing a Notice of Federal Lien in the
Tooele County Recorder/Surveyor's Office as provided in CERCLA Section 107(I)(3),42 U.S.C.§
9607(I)(3).
You may,within 14 days from the date of this letter,object to the perfecting of the lien if you believe
that the EPA is in error concerning a matter of fact or law relied upon by the EPA for the establishment
of the lien.An objection should be in writing and should describe your basis for contending that the
EPA does not have a statutory basis to perfect the lien pursuant to Section 107(I)of CERCLA.You may
request an appearance before a neutral EPA official to present the information that you believe would
contradict the EPA's right to assert or perfect the CERCLA lien.The written objection and/or request for
a conference should be sent by you or your representative,together with any supporting
documentation,to Max Greenblum via mail or email at:
Max Greenblum (8ORC -LE -C)
U.S.EPA Region 8,Office of Regional Counsel
1595 Wynkoop Street
Denver,CO 80202
[e-mail]
EPA staff will review any written submission by or on behalf of you.If,after the review,EPA staff
agrees that the Agency does not have a reasonable basis to perfect the lien,the EPA will forbear from
perfecting the lien and will notify you of this determination.However,if after this review,EPA staff still
believes that the EPA has liens pursuant to CERCLA Section 107(I),then EPA staff will refer the written
submission to a neutral EPA official selected for the purpose of reviewing both i)the written
submission and ii)the EPA's Lien Filing Record.
If you or your representative request a conference as provided above,the EPA will contact the
requester to schedule it.You may attend a conference by phone or virtual meeting platform,such as
Microsoft Teams.At the conference,the EPA will be represented by enforcement staff,including a
representative from the Office of Regional Counsel,and you may be represented by your counsel or
other representative.The conference will be an informal hearing in which you may provide the EPA
with information and/or the documentation supporting why you dispute the EPA's conclusions with
respect to the lien.The conference is not an evidentiary hearing and would not constitute a proceeding
for a legally binding determination or liability for the response costs incurred by the EPA in connection
with the Site.No official stenographic record will be made,and the conference will not be conducted
using rules of evidence or formal administrative procedures.The sole issue to be addressed at the
conference would be whether the EPA has a reasonable basis to perfect its lien under Section 107(I)of
CERCLA with regard to the USM -owned property in and around USM's facility and within the Site.
After reviewing the written submissions and conducting a conference (if one is requested),the neutral
EPA official will issue a recommended decision based upon the Lien Filing Record and the other
information received.The recommended decision will state whether the EPA has a reasonable basis to
perfect the lien and the decision will be forwarded for action to the EPA official delegated to execute
liens.You will be provided with a copy of the recommended decision and will be notified of EPA's
action.
Neither you nor the EPA shall be deemed to have waived any rights nor shall either be prohibited from
asserting any claim or defense in any subsequent legal or administrative proceeding by reason of
participating in the lien processes described in this letter,whether on account of submission of any
objection to the lien,the request for or participation in a conference,the submission of documents or
information,or the issuance of a recommended decision by EPA staff or a neutral EPA official.
Please give these matters your immediate attention and consider consulting with an attorney.EPA is
extending an opportunity to meet with the Agency to discuss any legal,technical or environmental
questions you may have.To schedule the meeting please call or have an attorney contact Max
Greenblum at [phone] or [e-mail].
-
Si
Christopher Thonson
Associate Regional Counsel for Enforcement
EPA Region 8,Office of Regional Counsel
Enclosure -Index of Lien Filing Record
cc:Aaron Urdiales,EPA
Tabetha Lynch,EPA
Julie Nicholson,EPA
Max Greenblum,EPA
Bob Roberts,EPA
Index of Superfund Lien Filing Record
US Magnesium Superfund Site
1.Documentation that US Magnesium LLC is Owner of Property
a.Tooele County Parcel Number 04-019-0-0001
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
b.Tooele County Parcel Number 04-019-0-0002
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
c.Tooele County Parcel Number 04-019-0-0005
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
d.Tooele County Parcel Number 04-019-0-0009
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
e.Tooele County Parcel Number 04-019-0-0010
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
f.Tooele County Parcel Number 04-021-0-0001
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
g.Tooele County Parcel Number 04-021-0-0002
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
h.Tooele County Parcel Number 04-021-0-0003
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
i.Tooele County Parcel Number 04-021-0-0004
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
j.Tooele County Parcel Number 04-022-0-0010
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
k.Tooele County Parcel Number 04-022-0-0011
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
I.Tooele County Parcel Number 04-022-0-0012
i.Special Warranty Deed from Magnesium Corporation of America (2002)
ii.Legal Description of Property
iii.Tax Records
m.Tooele County Parcel Number 14-014-0-0001
i.Quit Claim Deed from Tooele Power,Inc.(2009)
ii.Legal Description of Property
iii.Tax Records
n.Tooele County Parcel Number 14-014-0-0002
i.Quit Claim Deed from Tooele Power,Inc.(2009)
ii.Legal Description of Property
iii.Tax Records
2.CERCLA Response Action Documentation
a.NPL Listing Final Rule &Documentation Record
b.US Magnesium Superfund Site webpage:
https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?ith0802704
c.Administrative Settlement Agreement and Order on Consent for Remedial
Investigation/Feasibility Study (CERCLA Docket No.CERCLA-08-2011-0013),In the Matter
of US Magnesium Site,Rowley,Utah,US Magnesium LLC (Respondent)(2011)
d.Amendment to Administrative Settlement Agreement and Order on Consent for
Remedial Investigation/Feasibility Study (CERCLA Docket No.CERCLA-08-2011-0013)In
the Matter of US Magnesium Site,Rowley,Utah,US Magnesium LLC (Respondent)
(2016)
e.Second Amendment to Administrative Settlement Agreement and Order on Consent for
Remedial Investigation/Feasibility Study for the US Magnesium Site (CERCLA Docket No.
CERCLA-08-2011-0013)In the Matter of US Magnesium Site,Rowley,Utah,US
Magnesium LLC (Respondent)(2022)
f.US Magnesium LLC Consent Decree (Case No.2:O1CVOO4OB)
3.CERCLA Response Cost Documentation
a.EPA Bill for Collection,August 16,2024
b.Summary Report of Costs:Certified Cost Package (10-1-2022 through 09-30-2023)
c.EPA email to US Magnesium (from Max Greenblum,EPA Attorney)re:failure to timely
pay first installment/notification that entire remaining balance is due
4.EPANotice of Intent to Perfect a Lien,dated October 17,2024