"Superfund Post Construction Completion: An Overview" (June 2001)
"Superfund Post Construction Completion Activities" (June 2001)
Post Construction Completion Topics
Construction Completions (CC) - Information on Superfund sites where physical construction of all cleanup actions are complete, all immediate threats have been addressed, and all long-term threats are under control.
Long-Term Response Actions (LTRA) - Information on Superfund-financed cleanup activities intended to restore ground or surface water to a level that assures protection of human health and the environment (e.g., restoring a contaminated aquifer to drinking water quality).
Bayou Bonfouca Superfund site ground water pump and treatment station where construction has been completed.
Operation and Maintenance (O&M) - Information on how the Superfund program conducts the activities required to maintain the effectiveness and integrity of a remedy.
Institutional Controls (ICs) - Information related to various administrative and legal controls that help minimize the potential for human exposure to contamination by ensuring appropriate land or resource use.
Five-Year Reviews - Information on periodic reviews which are generally required by Superfund law or policy when a cleanup action does not allow for unrestricted use and unlimited exposure at the site.
Remedy Optimization - Information on efforts to optimize remedy performance and cost effectiveness at Superfund-financed ground water pump and treat (P&T) remedies.
National Priority List (NPL) Deletions - Information on how Superfund sites, or portions of sites, are deleted from the NPL once all response actions are complete and all cleanup goals have been achieved.
Site Reuse - Information on how the Superfund program is working with communities and other partners to return hazardous waste sites to safe and productive use without adversely affecting the remedy.
The blueprint for these activities is the National Oil and Hazardous Substances Pollution Consistency Plan (NCP), a regulation applicable to all federal agencies involved in responding to hazardous substance releases.
For over 20 years, the government has made public that they have located and analyzed tens of thousands of hazardous waste sites, protected people and the environment from contamination at the worst sites, and involved others in cleanup.
Who Implements Superfund
EPA's Office of Solid Waste and Emergency Response (OSWER) in Washington, D.C. oversees the Superfund program. The Office of Emergency Management within OSWER is responsible for short term responses conducted under the authority of Superfund.
The Office of Superfund Remediation and Technology Innovation, and the Federal Facilities Response and Reuse Office, also within OSWER, have the lead for managing the long-term Superfund response program, the latter for responses involving Federal Facilities.
In addition I understand OSWER manages the federal Brownfields program.
Regions
EPA's 10 Regional offices around the nation are responsible for implementing many of EPA's programs, including Superfund.
For Superfund, EPA regions are the front line in responding to releases of hazardous substances and other emergencies.
(Regions other than Oklahoma were deleted)
Years ago, people were less aware of how dumping chemical wastes might affect public health and the environment. On thousands of properties where such practices were intensive or continuous, the result was uncontrolled or abandoned hazardous waste sites, such as abandoned warehouses and landfills.
Citizen concern over the extent of this problem led Congress to establish the Superfund Program in 1980 to locate, investigate, and clean up the worst sites nationwide. The EPA administers the Superfund program in cooperation with individual states and tribal governments.
In this section we'll try to provide an overview of the Superfund program, highlights key steps in the Superfund cleanup process, guides users to enforcement information, lists EPA's Superfund offices and partnership organizations, and provides answers to frequently asked questions.
The EPA Superfund cleanup process begins with site discovery or notification to the EPA of possible releases of hazardous substances. Sites are discovered by various parties, including citizens, State agencies and by Region 6 staff.
Once discovered, the government enters the site into our computerized inventory of potential hazardous substance release sites. This system is named the Comprehensive Environmental Response, Compensation and Liability Information System, or CERCLIS for short. We then evaluate the potential risk for a release of hazardous substances from the site through several steps in the Superfund cleanup process:
Preliminary Assessment/Site Inspection: we investigate site conditions
Hazard Ranking System scoring: a screening mechanism we use to place sites on the National Priorities List (NPL)
NPL Site Listing Process: our list of the most serious sites which may need a long-term cleanup
Remedial Investigation/Feasibility Study: we determine the nature and extent of contamination
Record of Decision (ROD: we explain which cleanup alternatives will be used at NPL sites
Remedial Design/Remedial Action (RD/RA): we prepare and implement plans and specifications for applying site remedies
Construction Completion: we identify completion of cleanup activities
Post Construction Completion: we ensure that the Superfund response actions provide long-term protection of human health and the environment
Cost Recovery: we seek reimbursement for our costs from those responsible for the contamination.
NOTE: The most recent mining companies were contacted and were asked... WERE ASKED... If they would consider helping on the testing costs in determining the degree of contamination and the estimated cost to correct the issues... They did not wish to participate"
The government uses these steps to determine and implement the appropriate response to threats posed by releases of hazardous substances.
We address releases that require immediate or short-term response actions through the emergency response program of Superfund.We have made great strides in cleaning up sites across our five-state Region. But equally important is returning a site to productive use in the community.
The Brownfields Program, the Ready for Reuse Program and the Land Revitalization Initiative are mechanisms the EPA uses to empower states and local governments to return sites to productive use after the sites have been cleaned up.
Region 6--NM TX OK AR LA
Regional Superfund Contacts
Here you will find contact information for the various EPA Regions’ Superfund Programs. The Superfund Program was created to eliminate the health and environmental threats posed by hazardous waste sites.
The U.S. Environmental Protection Agency (EPA) administers the Superfund Program through the Office of Solid Waste and Emergency Response’s (OSWER) Office of Superfund Remediation Technology Innovation (OSRTI) in cooperation with individual states and tribal governments.
South Central: Region 6
Serving Serving Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes
Region 6 Emergency & Hot Line Phone Numbers
Emergency & Hot Line Phone Numbers - National Response Center 1-800-424-8802
To report an environmental emergency
Superfund Hot Line 1-800-533-3508 - For Superfund information
Environmental Emergencies - 1-866-EPASPILL (1-866-372-7745)
Reporting Emergencies in Arkansas, Louisiana, New Mexico, Oklahoma and Texas
General Information Addresses & Phone Numbers From the Region 6 states call 1-800-887-6063
Region 6 Public Information Center
For General Information: 214-665-6444 - Region 6 Mailing Addresses
Region 6 Organization Charts - General Information - 214-665-6444
Regional Administrator's Office - 214-665-2100
External Affairs - 214-665-2200
Regional Counsel - 214-665-2110
Compliance Assurance & Enforcement - 214-665-2210
EPA People Locator Superfund - 214-665-6701
Multimedia Planning & Permitting - 214-665-7200
Water Quality Protection - 214-665-7101
Management - 214-665-6500
Houston Laboratory - 281-983-2100
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Regional Public Liaisons
Partnerships
EPA's Superfund Program attempts to get interested parties and other stakeholders involved as much as possible, as early as possible.
Superfund Partners
While management of the Superfund program lies mainly within the Office of Superfund Remediation and Technology Innovation (OSRTI) within EPA's Office of Solid Waste and Emergency Response (OSWER), many responsibilities fall within other programs and agencies.
Within EPA
Office of Emergency Management
This OSWER office is responsible for short term responses under Superfund, as well as emergency responses to and preparedness for releases of hazardous substances.
Office of Site Remediation and Enforcement (OSRE)
This office is responsible for the enforcement component of Superfund. It resides within EPA's Office of Enforcement and Compliance Assurance.
Federal Facilities Enforcement Office (FFEO)
This office is responsible for ensuring that federal facilities take all necessary actions to prevent, control and abate environmental pollution.
Federal Facilities Restoration and Reuse (FFRRO)
This office resides in OSWER and is the interface between EPA and federal agencies, such as the Department of Energy and Department of Defense, as they conduct cleanups of their own facilities.
Brownfields
This office resides in OSWER and is responsible for implementing the Brownfields program, established by an amendment to Superfund's authorizing legislation, CERCLA. This program promotes the evaluation and development of less contaminated properties.
Office of Research and Development (ORD)
This office conducts research on contaminants and technologies to aid in cleanup decisions.
Other Federal Government Agencies
Agency for Toxic Substances and Disease Registry (ATSDR)
ATSDR is responsible for conducting health assessments of Superfund sites. It also maintains toxicological profiles of many contaminants.
National Institute of Environmental Health Sciences
This agency conducts research on health effects of hazardous substances that aid in Superfund assessment and cleanup decisions.
US Army Corps of Engineers
This construction-oriented agency conducts much of the construction and oversight of Superfund cleanups for which EPA is responsible.
States & Tribes
States & Tribes have roles in addressing Superfund sites in their areas, at every stage of the Superfund cleanup pipeline.
Office of Regional Operations
This EPA Office's Web site has links to State and Tribal organization sites
EPA Regional Offices
Regional Web sites carry links to State programs and issues, as well as information on specific sites.
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Superfund Site Information
DISCLAIMER:
Be advised that the data contained in these profiles are intended solely for informational purposes use by employees of the U.S. Environmental Protection Agency for management of the Superfund program. They are not intended for use in calculating Cost Recovery Statutes of Limitations and cannot be relied upon to create any rights, substantive or procedural, enforceable by any party in litigation with the United States. EPA reserves the right to change these data at any time without public notice.
Superfund Site Information contains information on hazardous waste sites, potentially hazardous waste sites and remedial activities across the nation, including sites that are on the National Priorities List (NPL) or being considered for the NPL.
To assist in locating the desired site or information, a variety of search criteria are available such as site name, state, ZIP code, contaminants and activities performed at a site.
Also, site-specific documents and records such as Records of Decision (RODs), Five-Year Reviews and fact sheets for many sites can be accessed through Superfund Site Information.
A search of sites that have been archived from the inventory of active sites can be performed. At the top of the Search page, select the "Archived Sites" radio button.
Site information for NPL sites (i.e., sites proposed to the NPL, currently on the final NPL or deleted from the final NPL) is displayed in a standardized site progress profile format.
The profile includes information such as the current status of cleanup efforts, what cleanup milestones have been reached and how much liquid and solid-based media have been treated. Additionally, the profile includes links to information found on EPA Regional Web sites.
All information is presented in easy to understand, non-technical language. Only NPL sites are displayed in the site progress profile format, non-NPL and archived sites are displayed in a less graphical format.
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NPL Site Narrative for Tar Creek (Ottawa County)
TAR CREEK (OTTAWA COUNTY)
Ottawa County, Oklahoma
Federal Register Notice: September 8, 1983
Conditions at listing (October 1981): The Tar Creek Site, near Picher, in Ottawa County, Oklahoma, covers 40 square miles. It is a portion of the Tri-State Mining District, which covers 100 square miles and extends into Missouri and Kansas. The area produced significant quantities of iron and zinc in the 1920s and 1930s.
When major mining operations ceased in the early 1970s, ground water accumulated in the mines. In 1979, acid mine water with high concentrations of heavy metals began to discharge to the surface, contaminating surface water. This problem, along with the potential for contaminating the drinking water aquifer under the mining area, prompted the U.S. Geological Survey and the State to investigate the site. In 1981, the State declared the site its number one pollution problem.
Status (July 1983): In June 1982,
EPA awarded a $435,368 Cooperative Agreement to Oklahoma for a remedial investigation to determine the type and extent of contamination at the site and a feasibility study to identify alternatives for remedial action. The work is scheduled to be completed in the fourth quarter of 1983.
For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxFAQs can be found on the Internet at http://www.atsdr.cdc.gov/toxfaq.html or by telephone at 1-888-42-ATSDR or 1-888-422-8737.
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The Quapaw Tribe of Oklahoma and The Tar Creek Project
Project Description:
The Quapaw Indian Tribe of Oklahoma was originally located near the mouth of the Ohio River where they were part of a larger group known as the Dhegiha Sioux.
As a member of this group, they belonged to the same Siouan linguistic family as the Ponca, Osage, Omaha and Kansas tribes. In the early 1600s, the Quapaw began to move downstream to the Mississippi River and settle in what is now known as Arkansas. This move earned them the tribal name of Ugakhpa, which means "downstream people."
During the mid-1600s, the French explorers Robert De La Salle and Henri De Tonti encountered the Quapaw and began referring to them as Akansea or "Bow people of the south wind." The area in which the Akansea were located eventually became the State of Arkansas. Beginning in 1818, the United States government began obtaining land from the Quapaws until 1833 when, "the tribe was removed from Arkansas for the last time."
The 1833 move put them into Indian Territory in what is now known as Oklahoma. In 1867, they were yet again forced to sign over a large portion of their lands. "Today, the Quapaw retain only a small parcel of historic trust lands of less than 13,000 acres."
In 1919, lead and zinc deposits were found on tribal lands. This discovery brought a fifty year period of intense mining activity, which included the Tar Creek area, with the last mines closing in the 1970s. The mining activity took place in what has been designated as the Tri-State Mining area, which encompasses portions of Oklahoma, Kansas and Missouri.
Some of the mining operations were conducted at depths of 90 to 320 feet below ground surface in the Boone Aquifer. It should be emphasized that the Tar Creek site has become not only a state and federal issue, but also tribal. "The Quapaw Nation and a group of seven other small tribes in Ottawa County own 80 percent of the land that makes up the Tar Creek Superfund site."
Environmental problems began showing up in 1979 with the advent of acid mine drainage from the underground mines flowing into Tar Creek through abandoned mine shafts and bore-holes. Along with the acid drainage from the mines, lead-contaminated soil had become a major source of surface contamination. This contaminated soil was then deposited into "chat" piles, which constituted approximately 165 million tons of tailings, over 1,320 mine shafts and thousands of drill holes.
With these considerations in mind, the Quapaw Nation has been in the forefront of a cooperative effort to resolve these problems.
In 1980, the Governor of Oklahoma established the Tar Creek Task Force to investigate acid mine drainage into Tar Creek. In 1983, the Tar Creek Site was listed on the National Priorities List (NPL). This list is used to guide the Environmental Protection Agency (EPA) "in determining which sites warrant further investigation" as to releases of hazardous substances, pollutants or contaminants.
Remediation efforts by the EPA had begun addressing the acid mine drainage problem and the lead-contaminated residential yards; however, the Quapaw Tribe felt that one other area needed to be addressed, that of air quality. Leon Crow, Air Quality Manager, Quapaw Tribal Air Program, emphasized in a Tribal Case Study, that "Air quality is of primary concern to a majority of Tar Creek residents and tribal members." The tribe requested air monitoring equipment be placed within designated areas.
After discussions with EPA's Office of Air and Radiation (OAR), it was determined that monitoring for fine particulate matter PM2.5 and PM10 and lead was warranted. The tribe also requested that silica monitoring be included (this last was deemed necessary due to complaints from local residents).
Four air monitoring sites were selected: The Thomas Buffalo Allotment; the Whitebird Allotment; the Hum-bah-wat-tah Allotment and the Anna Beaver Allotment (which was also the quality assurance and quality control site). The tribal staff received training in several TAMS Center-sponsored courses (316KB PDF), which included: Quality Assurance; PM monitoring; TEOM Ambient Particulate Continuous Monitoring and Air Quality Systems (EPA database).
The tribe also participated in EPA's National Performance Audit Program (one site every quarter); an Independent Audit Program (one site every quarter) and a Self Audit Program, conducted on every sampler on a biweekly basis. In addition to the formal course training at the TAMS Learning Center, located in Las Vegas, Nevada, at EPA's Radiation and Indoor Environments National Laboratory (R&IE), two on-site training sessions were conducted in 2 March 2003 and January 2004 by Joe Hameed, Technical Specialist II, with the TAMS Center.
The training concentrated on the operation, maintenance and calibration of the equipment; auditing procedures; Quality Assurance/Quality Control checks; Data Management and Verification and Troubleshooting Processes.
With the expertise and training provided by the TAMS Center, the Quapaw Tribe of Oklahoma, has formed the groundwork for reaching its ultimate goal of finding a comprehensive solution to the Tar Creek dilemma.
Contacts:
If you have any questions concerning the training and on-site visits conducted by the TAMS staff, please call Joe Hameed at (702) 784-8269 or e-mail to Joe.Hameed@nau.edu. For questions involving the Tar Creek Project and the Quapaw Tribe, please call Leon Crow at (918) 542-1853 or e-mail to LCrow@Quapawtribe.com.
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Cleanup plan finalized for Tar Creek Superfund site
Release date: 02/22/2008
Contact Information: Dave Bary or Tressa Tillman at 214-665-2200 or r6press@epa.gov
(Dallas, Texas – February 22, 2008) The Environmental Protection Agency, in cooperation with the State of Oklahoma Environmental Secretary, Oklahoma Department of Environmental Quality, and the Quapaw Tribe of Oklahoma, has completed the final cleanup plan for the Tar Creek Superfund site in Ottawa County, Oklahoma.
Components of the cleanup plan include:
1) funding for the voluntary relocation of residents and businesses located in Picher, Cardin and Hockerville through the State of Oklahoma’s Lead-Impacted Communities Relocation Assistance Trust,
2) chat sales, and
3) disposal of source materials in a manner that will reduce the overall footprint of contamination and reduce the need for land use restrictions, institutional controls, and operation and maintenance.
The cost of the plan is approximately $167 million
"This master plan will ensure a coordinated commitment to permanently clean up the Tar Creek Superfund site,” said EPA Regional Administrator Richard E. Greene. “It is a long-awaited step in finalizing work to clean up one of the nation's largest Superfund sites, and I am pleased to be part of this monumental occasion."
The final cleanup plan reaffirms years of hard work by local, tribal, state and federal partners to permanently clean up the site. It addresses contamination posed by chat piles, other mine and mill waste, and smelter waste in the 40-square mile former lead and zinc mining area.
EPA based its decision on public comments, extensive studies of the extent of contamination, and human health and environmental risks caused by the contamination at the site. More details on the plan are described in the record of decision, which is available at http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm.
EPA has spent nearly $150 million addressing immediate threats to the residents near and around the site by removing lead and zinc waste, known as chat, from residential yards and from high access areas. After yard remediation and extensive health education efforts funded by EPA, a 50 percent reduction in the number of children with elevated blood lead levels has been achieved in local communities.
EPA listed the Tar Creek site on its National Priorities List in 1983. The site is located in northeastern Oklahoma and is part of the 1,188 square mile historic zinc and lead mines known as the Tri-State Mining District in Missouri, Kansas, and Oklahoma. Mining began in the early 1900s and continued until the 1960s.
Much of the land on the Tar Creek site is allotted Indian Land. The towns of Picher, Cardin, Commerce, North Miami and Quapaw are also part of the site. Approximately 19,000 people live in the communities surrounding the site.
Additional information on the Tar Creek site and the record of decision is available at http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm.
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EPA provides additional funding for Tar Creek voluntary buyout
Release date: 09/02/2008
Contact Information: Dave Bary or Tressa Tillman at 214-665-2200 or r6press@epa.gov
ODEQ to receive $9.55 million to continue buyout and relocation efforts
(Dallas, Texas – September 2, 2008)
The Environmental Protection Agency is providing an additional $9.55 million in federal funding to the Oklahoma Department of Environment Quality (ODEQ) to assist with the buyout and relocation of residents of Cardin, Hockerville, and Picher, Oklahoma.
Previously, the agency provided $5 million in funds following a May 10 tornado that struck the former mining town of Picher, which is located in the center of the Tar Creek Superfund site.
“EPA has worked with federal, state and tribal partners at an unprecedented level of cooperation for more than two decades to clean up the Tar Creek site,” said EPA Regional Administrator Richard E. Greene. “We will continue to work with our many other partners to respond to the challenges at Tar Creek and protect the communities impacted by the site.”
The additional funding will be used to continue buying out residents and demolishing or relocating homes, businesses, and public use structures located in the disaster area.
EPA listed the Tar Creek Superfund site on its National Priorities List in 1983. The site is located in northeast Oklahoma and is part of the 1,188 square mile historic lead and zinc mines known as the Tri-State Mining District in Missouri, Kansas and Oklahoma.
Additional information on the Tar Creek site is located at http://www.epa.gov/region6/6sf/6sf-ok.htm
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Tar Creek Agreement Reached
Release date: 12/9/2003
Contact Information: For more information contact the Office of External Affairs at (214) 665-2200.
Today a new multi-million dollar agreement was reached between the U.S. Environmental Protection Agency (EPA), the Department of Interior and two mining companies to coordinate the process of cleaning up the large chat piles and mill pond mining waste at the Tar Creek Superfund site in Oklahoma.
Today's agreement is a long-awaited step forward in drawing the blueprint for cleanup at one of the nation's largest Superfund sites. The agreement, a legally binding Administrative Order on Consent, complements the recently announced compact among the federal partners to speed up efforts to clean up the site and a large scale plan put forward by U.S. Senator James Inhofe, the state of Oklahoma and tribal leaders.
"This agreement marks unprecedented cooperation between federal, state, tribal and local interests to respond to the challenges at Tar Creek. I am confident that working together to build a comprehensive approach is the only way we can accomplish our mission of cleaning up this huge mess," EPA Regional Administrator Richard E. Greene said.
The agreement focuses on identifying and selecting potential cleanup methods to address large chat piles and mill ponds.
Blood lead levels in area children were reduced by half as a result of the EPA residential cleanup that began in 1995.
Contaminated soil from about 2,000 residential properties, three day care centers and 20 public access areas in five communities has been removed and replaced with clean soil.
The Tar Creek Superfund site includes approximately 40 square miles in northern Ottowa County, Oklahoma, where lead and zinc were mined from 1891 until 1970. More information about Tar Creek is available at http://www.epa.gov/earth1r6/6sf/pdffiles/tarcreek.pdf. A copy of the agreement and other supporting documents is available at www.epa.gov/region6/6xa/tar_creek_aoc.pdf and www.epa.gov/region6/6xa/tar_creek_atch.pdf.
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Tar Creek Superfund Site Remediation
Combined Roles for Biomass, Poultry Litter, Fly Ash and Flu Gas Desulfurization Residues
EPA Grant Number: SU831866
Title: Tar Creek Superfund Site Remediation: Combined Roles for Biomass, Poultry Litter, Fly Ash and Flu Gas Desulfurization Residues
Investigators: Potter, William , Roberts, Ken , Settle, Chad , Tapp, Bryan
Current Investigators: Potter, William , Grayson, Britney , Hitt, Kristi , Iski, Erin , Moskal, Mark , Roberts, Ken , Settle, Chad , Tapp, Bryan , Williamson, Kenny
Institution: University of Tulsa
EPA Project Officer: Nolt-Helms, Cynthia
Project Period: September 30, 2004 through May 30, 2005
Project Amount: $10,000
RFA: P3 Awards: A National Student Design Competition for Sustainability Focusing on People, Prosperity, and the Planet (2004)
Research Category: Pollution Prevention/Sustainable Development
Description:
The Tar Creek Superfund site in Northeastern Oklahoma is a large area contaminated from 100 years of lead and zinc mining. In this proposal we focus on developing surface coverage and remediation methods for the 45 million cubic yards of mine tailings, known as chat. The chat has elevated levels of mineral sulfides which, when oxidized, promote runoff conditions with elevated levels of lead, cadmium and zinc. Water runoff and airborne dust blown from the chat gives rise to a persistent, slow release of toxic metals into The Grand Lake of the Cherokee's Watershed and contribute to both health and economic problems in the predominantly American Indian population living near the area.
Our student design challenge promotes cost effective remediation methods to restore the productivity and value of the land. The design is based on using municipal biosolid sludge with agricultural and coal combustion products waste to immobilize toxic metals in situ and regenerate the soil profile. The design involves mixing municipal biosolids/sludge with the high lignin agricultural waste product litter obtained from poultry confined animal feeding operations (CAFOs). The use of litter in the Tar Creek site removes an eutrophication burden from the adjacent watershed containing Lakes Eucha and Spavinaw, lakes which are the City of Tulsa's drinking water lakes.
The shift in litter burden should help immobilize metals in the Tar Creek area while reducing algal blooms related to excessive phosphates in the adjacent City of Tulsa's drinking water lakes area. The biomass is to be adjusted and enhanced for in situ metal stabilization using coal combustion products (CCPs).
The CCPs are produced locally at Shady Creek Power Plant, an Oklahoma-coal (high sulfur content) facility. The combustion byproducts include fly ash and flue gas desulfurization (FGD) residues (i.e., gypsum compounds). The project is designed to be tested on pilot scale lysimeters under open field conditions with: 1) analyses of metals, nutrients and other pollutants in runoff; 2) the analyses of soil profiles; and 3) evaluation of overall vegetation viability. The project is a student group project from courses in Geosciences, Analytical Chemistry, Environmental Chemistry and Environmental Economics.
Pedagogically, the project is taught as if the student groups are local consulting firms and have to contract out with specific specialties to determine the best methods of remediation, site characterization, analytical techniques, and economic basis for different remediation procedures.
Supplemental Keywords:
Air, watersheds, groundwater, land, soil, sediments, leachate, chemical transport, exposure, risk, population, susceptibility, cumulative effects, toxics, particulates, ODS, heavy metals, sulfates, effluent, ecosystem, restoration, alternatives, sustainable development, innovative technology, remediation, cleanup, cost benefit, public good, environmental chemistry, geology, analytical, south central, Oklahoma (OK), , Scientific Discipline, Waste, Remediation, Environmental Engineering, Environmental Chemistry, biomass, fly ash, flue gas desulferization, Tar Creek Superfund Site, lead, remediation technologies, mining waste, Zinc
Progress and Final Reports:
Final Report
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EPA Proposes Criteria for Using Chat from Tar Creek Areas
Release date: 03/24/2006
Contact Information: Cindy Fanning, (214) 665-2142, fanning.cynthia@epa.gov or Dave Bary, (214) 665-2208, bary.david@epa.gov
(Dallas, Texas, March 24, 2006) – The U.S. Environmental Protection Agency is proposing criteria for the beneficial use of chat from the Tri-state mining district in transportation construction projects and in non-transportation, non-residential concrete and cement projects. EPA believes the proposed uses of chat are protective of human health and the environment.
The proposed criteria involve safely encapsulating chat particles in asphalt or cement and concrete. Beneficially using chat according to the proposed criteria will both reduce chat piles and improve human health and the environment in the Tri-state area.
Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas and Missouri Tri-state district between the late 1800s and mid 1900s. Currently about 100 million tons of chat contaminated with lead, zinc and cadmium are located in the Tri-state mining district.
The district covers approximately 2,500 square miles and includes parts of Ottawa County, Okla.; Cherokee County, Kan.; and Jasper and Newton Counties, Mo. The area includes four Superfund National Priority List sites: Cherokee County, Tar Creek (Ottawa County), Newton County Mine and the Oronogo-Duenweg Mining Belt.
EPA is proposing these criteria in response to the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005. More information is available on EPA’s web page at http://www.epa.gov/epaoswer/other/mining/chat/.
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Cleanup plan finalized for Tar Creek Superfund site
Release date: 02/22/2008
Contact Information: Dave Bary or Tressa Tillman at 214-665-2200 or r6press@epa.gov
(Dallas, Texas – February 22, 2008) The Environmental Protection Agency, in cooperation with the State of Oklahoma Environmental Secretary, Oklahoma Department of Environmental Quality, and the Quapaw Tribe of Oklahoma, has completed the final cleanup plan for the Tar Creek Superfund site in Ottawa County, Oklahoma.
Components of the cleanup plan include:
funding for the voluntary relocation of residents and businesses located in Picher, Cardin and Hockerville through the State of Oklahoma’s Lead-Impacted Communities Relocation Assistance Trust,
chat sales, and
disposal of source materials in a manner that will reduce the overall footprint of contamination and reduce the need for land use restrictions, institutional controls, and operation and maintenance.
The cost of the plan is approximately $167 million.
"This master plan will ensure a coordinated commitment to permanently clean up the Tar Creek Superfund site,” said EPA Regional Administrator Richard E. Greene. “It is a long-awaited step in finalizing work to clean up one of the nation's largest Superfund sites, and I am pleased to be part of this monumental occasion."
The final cleanup plan reaffirms years of hard work by local, tribal, state and federal partners to permanently clean up the site. It addresses contamination posed by chat piles, other mine and mill waste, and smelter waste in the 40-square mile former lead and zinc mining area.
EPA based its decision on public comments, extensive studies of the extent of contamination, and human health and environmental risks caused by the contamination at the site. More details on the plan are described in the record of decision, which is available at http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm.
EPA has spent nearly $150 million addressing immediate threats to the residents near and around the site by removing lead and zinc waste, known as chat, from residential yards and from high access areas. After yard remediation and extensive health education efforts funded by EPA, a 50 percent reduction in the number of children with elevated blood lead levels has been achieved in local communities.
EPA listed the Tar Creek site on its National Priorities List in 1983. The site is located in northeastern Oklahoma and is part of the 1,188 square mile historic zinc and lead mines known as the Tri-State Mining District in Missouri, Kansas, and Oklahoma. Mining began in the early 1900s and continued until the 1960s.
Much of the land on the Tar Creek site is allotted Indian Land. The towns of Picher, Cardin, Commerce, North Miami and Quapaw are also part of the site. Approximately 19,000 people live in the communities surrounding the site.
Additional information on the Tar Creek site and the record of decision is available at http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm.
To learn more about activities in EPA Region 6, go to http://www.epa.gov/region6.
EPA audio file is available at http://www.epa.gov/region6/6xa/audio.htm#audio022208_tarcreek
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EPA proposes plan for next phase of Tar Creek cleanup
Release date: 07/25/2007
Contact Information: Dave Bary or Tressa Tillman at 214-665-2200 or r6press@epa.gov
Remedy to address chat, soil and water contamination from Superfund site
(Dallas, Texas – July 25, 2007) The Environmental Protection Agency has developed a plan for the next phase of cleanup at the Tar Creek Superfund site.
The proposed plan presents EPA’s preferred cleanup method for addressing environmental hazards from past mining operations at the site and calls for consolidating chat for commercial sale, on-site disposal, removing contaminated soils, and providing alternative water sources for affected residents.
“EPA and our many partners are working diligently to clean up Tar Creek and protect the people who live in the communities impacted by the site,” said EPA Regional Administrator Richard E. Greene. “It is a complex task, and we remain committed to finding solutions that will result in a safer, healthier environment for residents.”
The proposed plan, titled “Tar Creek Operable Unit 4 (OU4) - Chat Piles, Other Mine and Mill Waste, and Smelter Waste,” addresses source materials, smelter waste, rural residential yard contamination, transition zone soil contamination, and contamination in water drawn from rural residential wells. Source materials refers to mine and mill waste including chat, fines, overburden, development rock, and other tailings. The plan also allows for the continued sale of chat under guidelines established by a new EPA Chat Rule (40 Code of Federal Regulations 278) finalized this month.
EPA incorporated input from the Oklahoma Department of Environmental Quality, the Quapaw Tribe of Oklahoma and ten downstream Tribes into the plan. A 30-day public comment period on the proposed plan will begin July 30, 2007, and conclude August 30, 2007. The public is encouraged to comment on the alternatives presented in the proposed plan or suggest other alternatives. Individuals can email comments to EPA community involvement coordinator Janetta Coats at coats.janetta@epa.gov. EPA will select a final remedy after considering all information submitted during the comment period and may modify the plan based on new information or public comments.
More on the proposed plan: http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm
More on the chat rule: http://www.epa.gov/epaoswer/other/mining/chat/
More on activities in EPA Region 6: http://www.epa.gov/region6
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EPA, Interior, Army, Agree to Work Together in Removing Health Risks at Tar Creek, Oklahoma Superfund Site
Release date: 5/1/2003
Contact Information: For more information contact the Office of External Affairs at (214) 665-2200.
EPA today announced its signing of a Memorandum of Understanding (MOU) with the U.S. Dept. of the Interior and the U.S. Dept. of the Army to develop and implement solutions to the human health and environmental threats posed by the Tar Creek Superfund site located in northeastern Oklahoma and other states.
"This MOU will help ensure a coordinated, effective, federal commitment to clean up the Tar Creek Superfund site and protect the local communities plagued by contamination from the site. The MOU would not have been possible without the good faith efforts of the Department of Interior, Department of the Army, and the strong leadership of Senator Jim Inhofe of Oklahoma," said EPA Administrator Christie Whitman. "Senator Inhofe has been a longtime supporter of this effort and has been instrumental in facilitating this agreement."
The MOU gives the federal agencies the opportunity to coordinate with the affected Indian tribes, the State of Oklahoma, local communities, and other stakeholders in determining the most effective manner for resolving the issues at this site. No single authority under any of the agencies could address the full of range of issue at this site, which is why they decided to work collaboratively.
Even before today's MOU, EPA has spent nearly $100 million addressing immediate threats to the residents near and around the 40 square-mile site by removing lead and zinc waste, known as chat, from residential yards and from high access areas. After yard remediation and extensive health education efforts funded by EPA, a 50 percent reduction in the number of children with elevated blood lead levels has been achieved in local communities.
The 40 square-mile lead-and-zinc contaminated Tar Creek site was listed on the National Priorities List in 1983. The site encompasses the Oklahoma portion of the Tri-State Mining District of northeastern Oklahoma, southeastern Kansas, and southwestern Missouri, and includes communities in Ottawa County outside the mining area that are also contaminated with mining waste. The towns of Picher, Cardin, Commerce, North Miami and Quapaw are also part of the site. Much of the land on the Tar Creek site is allotted Indian Land. Approximately 30,000 people live in the communities surrounding the site
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Perspectives from the Regional Administrator
T A R C R E E K
Mayor Greene hosts Assistant Administrator Tom Dunne
Regional Administrator Richard Greene met with USEPA Acting Assistant Administrator TomDunne to highlight the Region's progress in restoring polluted land and protecting the security of America. Dunne oversees the EPA Office of Solid Waste and Emergency Response.
Special attention was given to the region's activities at the Tar Creek Superfund site. Good progress is being made toward completion of the fieldwork needed to complete the Remedial Investigation and Feasibility Study, and to address the chat piles in the area.
In addition to discussing Tar Creek, the group discussed regional progress and project status in many areas, including Superfund and Brownfields site revitalization, Ready-for-Reuse, Emergency Preparedness and Superfund response preparations, state capabilities in emergency response, managing removal projects, and Resource Conservation and Recovery Act (RCRA) activities.
Committee on Senate Environment and Public Works hearing on EPA 2006 Budget
Statement of Senator James M. Inhofe, February 9, 2005
The Tar Creek Superfund Site in northeastern Oklahoma has been a top priority for me and the EPA. When Administrator Leavitt visited the site with me, he became the first Cabinet level official to tour Tar Creek and see what we are dealing with there. Tar Creek is a 40 square-mile site that is the number one listed site on the National Priorities List. While, much work has been done and much credit goes to the EPA and specifically the Region 6 Administrator, Richard Greene, there is more work left to do. I want to take this opportunity to get the EPA`s continued commitment to protect human health at Tar Creek and get this site cleaned up.
EPA Co-hosts Community Meeting at Tar Creek
The Environmental Protection Agency, the US Army Corps of Engineers, and the Department of Interior, in coordination with the State of Oklahoma, hosted a community meeting and open house to present the collaborative efforts taking place toward a holistic solution for the Tar Creek area.
The meeting highlighted projects coordinated between the federal agencies, state and local partners, the University of Oklahoma, and the Quapaw Tribe.
The open house was an opportunity for community members to learn more about these and other local activities and services, as well as participate in one-on-one discussions with agency, tribal, and organization members.
Public meeting notice March 2004
Project Update - March 2004
Guest Commentary for Joplin Globe - March 2004
EPA, Interior, Army, to Work Together in Removing Health Risks at Tar Creek, Oklahoma
The 40 square mile Tar Creek Superfund Site in northeastern Oklahoma is part of the 1,188 square mile historic zinc and lead mines known as the Tri-State Mining District in Missouri, Kansas, and Oklahoma. The district's historic lead and zinc production ranks as one of the highest in the world, with total ore production estimated to have been slightly more the 0.5 billion short tons, with production high during World War II. Mining began in the early 1900's and continued until the 1960's. The by-products of the mining operation were highly acidic mine water and large amounts of discarded mine and mill tailings, discarded in chat piles or settling ponds. The principle pollutants are lead, cadmium, and zinc, and chat was freely used and placed throughout the area by individuals and municipal and county agencies. There are approximately 30,000 people residing in the area, and most of the land on the Tar Creek site is allotted Indian Land.
On May 1, 2003, the Environmental Protection Agency (EPA) signed a Memorandum of Understanding (MOU) with the U.S. Department of the Interior and the U.S. Department of the Army to develop and implement solutions to the human health and environmental threats posed by the Tar Creek site. The MOU gives the federal agencies the opportunity to coordinate with the affected Indian tribes, the State of Oklahoma, local communities, and other stakeholders in determining the most effective manner for resolving the issues at this site.
At the present time, the EPA is the only entity that has actually accomplished results at the Tar Creek site. The EPA is directly responsible for progress through its yard remediation, community education, and blood lead testing programs. Approximately 1,780 residential properties have been remediated. As a result, there has been a 50 percent decrease (24 percent to 12 percent) in the number of children with blood lead levels equal to or greater than the 10ug/dL standard set by the Center for Disease Control. This is a notable and meaningful protection provided to the children, who we must remember are most at risk. And, we fully expect to see an even larger decrease when the county blood lead data is analyzed again in the spring of 2004. EPA continues to be intricately involved in the work being done to improve the health of the Tar Creek residents.
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Center for Children's Environmental Health and Disease Prevention
Harvard School of Public Health, Boston Research Projects
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Project 1:
Metals, Nutrition and Stress in Child Development
Community-Based Participatory Research Project
Project Leader: Robert O. Wright
Toxic waste sites typically contain multiple chemicals, yet the vast majority of epidemiologic studies focus only on the health effects of a single chemical, rather than joint exposures. The role of chronic stress in modifying the toxicity of metal exposure is another issue which may be relevant to community health, as the presence of a Superfund site has been demonstrated to be associated with increased chronic stress.
The problem of environmental exposure on contaminated lands is also particularly acute for Native Americans whose traditional way of life has close ties to the environment. Because the land and what’s grown on it is central to individual and community life, not only are tribal populations disproportionately exposed to environmental toxicants, but the usual preventive measures, such as recommendations to reduce consumption of game or fish threaten to diminish their culture.
Such a situation mandates a different approach to exposure assessment, education and health care intervention for communities in which subsistence lifestyles predispose them to exposure to environmental contaminants.
In this community-based participatory research project, the Harvard School of Public Health, L.E.A.D. (Local Environmental Action Demanded, a community advocacy group), and Integris Baptist Regional Health Center are partnering to utilize the culture-based exposure assessment conducted in Project 2 to develop a multi-component intervention program to reduce toxic metal exposures among children living on or near the Tar Creek Superfund site in northeast Oklahoma.
The project comprises both observational specific aims on metal mixtures and psychological stress in predicting child development, as measured by the Bayley Scale Assessment, as well as nutritional interventions to promote increased dietary iron and calcium intake to reduce toxic metal absorption, home visits to develop social supports, and community-level interventions to promote targeted remediation of compliance and reduce exposure to toxic metals among children, as well as to determine the modifying influence of joint exposures to metals and stress on neurologic outcomes as measured by the Bayley Scales of Child Development.
Original Abstract/2004 Progress Report/2005 Progress Report
Project 2:
Exposure Assessment of Children and Metals in Mining Waste:
Composition, Environmental Transport and Exposure Patterns
Exposure Assessment Research Project
Project Leader: James P. Shine
Project 2 explores the transport and fate of metals from mining wastes (“chat”) that could potentially lead to adverse exposure in children in communities surrounding the Tar Creek Superfund Site. Although metals in mining waste have been thought by some to be relatively unavailable for geochemical mobilization or biological uptake (due to interactions with reactive sulfides), researchers at the Harvard Children’s Center hypothesize that reactions releasing metals to which children are exposed may make metals from mining waste more bioavailable than suspected. Hey may also favor the release of some metals (such as zinc and cadmium) over others (such as copper and lead). Thus, the mixture of metals to which children are exposed may be very different from the mixture of metals present in the parent chat. In addition, metals that have mobilized off the chat piles into other exposure media such as soil, water, airborne particulates and indoor dust, may have a higher relative bioavailability when compared to parent waste material.
The Harvard Center is testing this hypothesis, and is determining whether the types and bioavailability of metals to which children are exposed can be better understood through a more sophisticated consideration of the underlying geochemistry of metals in mine wastes. Specifically, Harvard Center researchers are studying which metals are enriched in down-gradient exposure media relative to metals in chat waste, and are using sequential extraction techniques and X-ray absorption spectroscopy to demonstrate that metals in these down-gradient media have a higher relative bioavailability.
In conjunction with Project 1, researchers are using these data to conduct a nested case-control study to examine the extent that environmental and behavioral factors, including diet and activity patterns, may explain differences in blood levels of lead (Pb) and manganese (Mn) in children from the Tar Creek area with high and low levels of Pb and Mn in their blood. The researchers will use the samples collected in this project to supply the animal studies (Projects 3 and 4) with well-characterized exposure material with respect to the concentrations and potential bioavailability of metals within each media. Finally, in parallel with the exposure assessment, researchers are conducting micro-array experiments and assess their utility as part of an overall exposure/adverse health outcome assessment.
Original Abstract/2004 Progress Report/2005 Progress Report
Project 3:
Manganese, Iron, Cadmium and Lead Transport from the Environment to
Critical Organs during Gestation and Early Development in a Rat Model
Laboratory-Based Mechanistic Study
Project Director: Joseph D. Brain
Project 3 explores the transport of iron (Fe), manganese (Mn), cadmium (Cd) and lead (Pb) from environments experienced by children to the blood and critical organs such as the brain, heart, liver and kidney. Researchers at the Harvard Children’s Center seek to better understand metal exposures of children and their mothers in settings like Tar Creek, Oklahoma by (1) utilizing exposures during and after pregnancy; (2) using metal ions as well as complex environmental samples from Tar Creek; and (3) comparing different routes of entry from the environment into the body.
Project 3 is also exploring the role of toxic metals and iron status as they interact to influence metal absorption. In animal models, the researchers are simultaneously studying both the molecular mechanisms of metal transport as well as the corresponding pharmacokinetics of metals from the nose, lung and gut to the blood, central nervous system and other organs. These data will be correlated with outcomes in both animal (Project 4) and human studies (Project 1). When data from Project 3 are combined with data from the exposure assessment in Project 2, researchers will be able to better identify which routes of exposure result in the most significant body burdens of toxic metals. From this knowledge, researchers at the Harvard Children’s Center should be able to craft optimal strategies in Tar Creek to reduce the dose of toxic metals to mothers and children and thus better respond to the environmental concerns of the citizens of Tar Creek.
Original Abstract - 2004 Progress Report - 2005 Progress Report
Project 4:
Metals Neurotoxicity Research Project
Laboratory-Based Mechanistic Study
Project Leader: Tim Maher
With the exception of research on lead, alterations in cognitive and behavioral function as a result of exposure to metals has to date received little systematic attention. Even less attention has been placed on the effects of exposures to combinations of metals or such exposures on a background of external environmental stressors – scenarios that are unfortunately all too common. The use of animal models to study the neurotoxic effects of such exposures allows for more tightly controlled experimental design than is possible in human studies and allows for a more in-depth examination of the effects of the exposures on the nervous system and the mechanisms that underlie those effects. The enhanced understanding of the sites and mechanisms of the toxic action of these exposures that animal models can provide may result in development of more effective interventions.
Development in the nervous system is marked by tremendous cellular plasticity as the highly intricate and specific connections within and between brain regions are established. Two important mechanisms by which such contaminants can adversely affect the proper establishment of neuronal structure are disruption of normal synaptic transmission, which can have dramatic effects on cellular plasticity, and the induction of cell death. Such effects at the cellular level could lead, at the behavioral level, to deficits in a variety of functions including intellectual and social behaviors.
In Project 4, researchers are examining neurotoxic effects in juvenile rates of in utero and postnatal exposure to individual metals found in mining waste (“chat”) from the Tar Creek Superfund Site, specific mixtures of those metals, and actual chat from the site. In addition, researchers are exploring how stress may modify the effects of metal exposures, as the psychological stresses that accompany life at a Superfund site have been raised as an issue of concern in the Tar Creek community.
The aim of these animal studies is to complement the research being conducted in Project 1.
To accomplish this, researchers are looking at both the cellular and behavioral levels in rat models, and are taking advantage of experiments being conducted as part of Project 2 and Project 3, so that the exposures in the experiments reflect the actual exposures experienced by the Tar Creek community. When data from Project 4 are combined with the exposure assessment in Project 2 and body burden data from Project 3, researchers will better be able to identify which routes of exposure result in the most significant neurological effects and the contribution of manganese and lead in chat to the neurological impacts of exposure to the chat. Thus, the Harvard Children’s Center research will improve our understanding of the neurological effects of exposure to mixtures of metals, and in so doing, support the Center’s overall goal of crafting optimal strategies in Tar Creek to reduce the neurological effects of toxic metals in humans.
Original Abstract/2004 Progress Report/2005 Progress Report
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Workshop to provide information on chat sales
Chat owners and buyers can learn more about buying, selling and using chat from the Tar Creek area at a workshop scheduled for August 19, from 5-8 p.m. at the Miami Convention Center, in Miami, Oklahoma.
The intent of the workshop is to ensure chat sales from the Tar Creek Superfund site continue and comply with the federal Chat Rule.
Officials from EPA, as well as representatives from the Oklahoma Department of Environmental Quality, Bureau of Indian Affairs, U.S. Department of the Interior and the Quapaw Tribe will present information at the workshop. EPA has established that chat from the Tar Creek area can be used safely as an aggregate in asphalt and cement road surfaces. Chat also has beneficial uses in non-transportation, non-residential concrete and cement projects, such as commercial foundations, side walks, and parking areas.
Chat sales are a significant part of EPA cleanup plans for Tar Creek. Ottawa County, Oklahoma, contains more than 50 million tons of chat.
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Criteria for the Safe and Environmentally Protective Use of Granular Mine Tailings Known as "Chat"
Final Rule - July 18, 2007
P R O P O S E D - R U L E
SUMMARY
In July 2007, EPA finalized criteria for the environmentally protective use of chat in transportation construction projects carried out in whole or in part with federal funds. EPA is also recommending criteria as guidance for the beneficial use of chat in non-transportation, non-residential concrete and cement projects, such as commercial foundations, side walk areas, and parking areas.
Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri tri-state mining region between the late 1800s and mid 1900s. Currently about 100 million tons of chat contaminated with lead, zinc and cadmium are located in the tri-state mining district. The finalized criteria will help reduce chat piles and improve human health and the environment in the Tri-state area.
The tri-state district covers approximately 2,500 square miles and includes parts of Ottawa County, Oklahoma; Cherokee County, Kansas; and Jasper, Lawrence, Newton and Barry Counties, Missouri. It includes four Superfund National Priority List (NPL) sites: Cherokee County, Tar Creek (Ottawa County), Newton County Mine and the Oronogo-Duenweg Mining Belt.
Federal Register Notice | PDF Version (23 pp, 240K) - July 18, 2007
The support materials for this final and the proposed rule and the public comments EPA received are available for public review online at Regulations.gov.
To use Regulations.gov:
Proposed Rule - April 4, 2006
Summary
In April 2006, EPA proposed criteria for the environmentally protective use of chat in transportation construction projects carried out in whole or in part with federal funds, and in concrete and cement projects. Chat is a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri tri-state mining region between the late 1800s and mid 1900s. The proposed criteria involve safely encapsulating chat particles in asphalt or cement and concrete.
Currently about 100 million tons of chat contaminated with lead, zinc and cadmium are located in the tri-state mining district. The proposed criteria will help reduce these piles, thus reducing the amount of chat particles that are spread by wind, water or air into the surrounding environment.
The tri-state district covers approximately 2,500 square miles and includes parts of Ottawa County, Oklahoma; Cherokee County, Kansas; and Jasper and Newton Counties, Missouri. It includes four Superfund National Priority List (NPL) sites: Cherokee County, Tar Creek (Ottawa County), Newton County Mine and the Oronogo-Duenweg Mining Belt.
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The Chat Rule
What does the chat rule do?
EPA is proposing mandatory criteria for the beneficial use of chat from the tri-state mining district in transportation construction projects that are carried out, in whole or in part, using federal funds. EPA also is proposing criteria for the beneficial use of chat in non-transportation, nonresidential concrete and cement projects. This package is called the chat rule.
Why isn't the Department of Transportation (DOT) writing this regulation?
The Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 requires EPA to develop criteria for the use of chat in transportation construction projects and cement and concrete projects. While EPA is the appropriate party to assess the environmental risks in the beneficial use of chat, the Agency is consulting with US DOT throughout the development of these criteria to ensure that the materials are structurally sound for transportation projects.
What is chat and where does it come from?
Chat, a local term for mining waste, is a lead/zinc mining waste from the tri-state mining district. Chat, also known as granular mine tailings, is composed of chert-like material, containing lead, zinc and cadmium contaminants. The tri-state region covers approximately 2,500 square miles and includes parts of Ottawa County, Oklahoma; Cherokee County, Kansas; and Jasper and Newton Counties, Missouri.
Why is chat a potential hazard to human health?
When left exposed to the environment, the lead in chat can be a hazard to human health. Chat particles can enter soil, surface water, groundwater, and air. Exposure to lead has been known to cause learning disabilities and damage the human immune, blood and nervous systems. Children are the most susceptible to these effects.
Is chat safe to use?
Chat can be used safely when its particles are encapsulated in asphalt or concrete. Asphalt and concrete bind chat in a solid mixture so its particles are unlikely to be spread by wind or water.
How will chat be used?
Chat from the tri-state area will be used in hot asphalt mix or concrete for transportation construction projects, such as roads and bridges. Chat may also be used in non-transportation, nonresidential concrete and asphalt projects.
Why was the Kansas, Oklahoma and Missouri tri-state mining district chosen?
The transportation bill enacted by Congress in August specifically calls for EPA to address chat from the tri-state mining district. As such, the proposed rule will impact only chat currently located in the tri-state mining district because chat located in this area is geologically and chemically similar.
Will EPA be addressing the beneficial use of chat from other mining districts in the country?
No, EPA is not addressing the beneficial use of chat from any other mining districts because the transportation bill only requires EPA to develop criteria for the beneficial use of chat from the tri-state mining district.
How will this action affect local tribes?
This rule will minimally affect the local tribes. The Bureau of Indian Affairs (BIA) has initiated a process to allow chat sales from tribal lands. This rule will clarify the environmentally protective uses of chat in transportation construction and in cement and concrete projects. Chat sales destined for other uses are unaffected by this rule.
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Cleanup plan finalized for Tar Creek Superfund site
The Environmental Protection Agency, in cooperation with the State of Oklahoma Environmental Secretary, Oklahoma Department of Environmental Quality, and the Quapaw Tribe of Oklahoma, has completed the final cleanup plan for the Tar Creek Superfund site in Ottawa County, Oklahoma.
"This master plan will ensure a coordinated commitment to permanently clean up the Tar Creek Superfund site, said EPA Regional Administrator Richard E. Greene.
“It is a long-awaited step in finalizing work to clean up one of the nation's largest Superfund sites, and I am pleased to be part of this monumental occasion."
Components of the cleanup plan include:
(1) funding for the voluntary relocation of residents and businesses located in Picher, Cardin and Hockerville through the State of Oklahoma’s Lead-Impacted Communities Relocation Assistance Trust,
(2) chat sales, and
(3) disposal of source materials in a manner that will reduce the overall footprint of contamination and reduce the need for land use restrictions, institutional controls, and operation and maintenance. The cost of the plan is approximately $167 million.
The final cleanup plan reaffirms years of hard work by local, tribal, state and federal partners to permanently clean up the site. It addresses contamination posed by chat piles, other mine and mill waste, and smelter waste in the 40-square mile former lead and zinc mining area.
EPA based its decision on public comments, extensive studies of the extent of contamination, and human health and environmental risks caused by the contamination at the site. More details on the plan are described in the record of decision. (161 pp, 4.7 MB, About PDF)
EPA has spent nearly $150 million addressing immediate threats to the residents near and around the site by removing lead and zinc waste, known as chat, from residential yards and from high access areas. After yard remediation and extensive health education efforts funded by EPA, a 50 percent reduction in the number of children with elevated blood lead levels has been achieved in local communities.
EPA listed the Tar Creek site on its National Priorities List in 1983.
The site is located in northeastern Oklahoma and is part of the 1,188 square mile historic zinc and lead mines known as the Tri-State Mining District in Missouri, Kansas, and Oklahoma. Mining began in the early 1900s and continued until the 1960s.
Much of the land on the Tar Creek site is allotted Indian Land.
The towns of Picher, Cardin, Commerce, North Miami and Quapaw are also part of the site.
Approximately 19,000 people live in the communities surrounding the site.
Additional information on the Tar Creek site and the record of decision
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Radio Announcements
Blood lead levels in children living in the area of the Tar Creek Superfund site are substantially lower than they were in previous years, according to a report released by the Agency for Toxic Substances and Disease Registry. Following are EPA comments on the report.
A report by the Agency for Toxic Substances and Disease Registry shows substantially lower blood levels of lead in children living near the Tar Creek Superfund site than in previous surveys. The EPA is very pleased to see this considerable improvement in the health of children in the Tar Creek area. This progress further encourages our commitment to continue our work until the risk of exposure to lead is finally removed from these communities.
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TAR CREEK (OTTAWA COUNTY) OKLAHOMA
EPA ID# OKD980629844
Site ID: 0601269
EPA REGION 6 - CONGRESSIONAL DISTRICT 02
Contacts: Mike McAteer (OU2) 214-665-7157 - Ursula Lennox (OU4) 214-665-6743 - John Meyer (OU5) 214-665-6742
Updated: September 2008
CURRENT STATUS
OU1 (Surface Water/Groundwater)
The 3rd Five Year Review was completed in September 2005 and is available on EPA’s website.
EPA is funding the ODEQ to monitor ground water in the Roubidoux aquifer; groundwater monitoring
activities are on-going.
OU2 (Residential Properties)
On Saturday, May 10, 2008, an EF-4 tornado struck parts of the Tar Creek Superfund site. EPA
responded to the scene and conducted air monitoring and surficial soil sampling. EPA also
established hand wash stations and distributed dust masks to responders and residents as a normal
safety precaution when dealing with debris from a disaster.
A risk evaluation of the field data collected
was performed and concluded that there are no immediate adverse health concerns associated with
lead from exposure to soil to first responders or residents returning to their homes and that there are
no adverse health effect from inhalation of particulate matter.
EPA is working with federal, state, and local officials to assess the impact of the tornado and to ensure
that prompt and comprehensive assistance is provided to affected residents.
EPA has also provided $8 million in federal funding to the Oklahoma Department of Environment Quality to expedite the
buyout and relocation of residents of Picher, Oklahoma.
As of August 10, 2007, 2,254 residential yards and public areas have been remediated since the
inception of cleanup in Quapaw, Cardin, Picher, Commerce, and North Miami. Work on the final 119
properties in Commerce began in December of 2005 and was completed in October 2007.
The EPA is funding ATSDR and Ottawa County Health Department (OCHD) to provide community
health education and blood lead screening for the five-city mining area. The OCHD also works with
local health professionals including Indian Health Service physicians to provide education to the
medical community.
October 2004, Report To Congress by the Agency for Toxic Substances and Disease Registry
(ATSDR). This report shows that children between the ages of 1 and 5 living at the Tar Creek site
who had a blood lead level in excess of the 10ug/dL level decreased from 31.2% in 1996 to 2.8% in
2003.
The 2.8% level is only slightly higher than the findings of the National Health and Nutrition
Examination Surveys (NHANES) for children living in the United States as a whole, which stands at
2.2% for children between the ages of 1 and 5 during the years 1999-2000.
OU4 (Chat Piles, Other Mine and Mill Wastes, Smelter Wastes)
EPA in coordination with ODEQ, the Quapaw Tribe, BIA, DOI, and the OK-DOT conducted a Chat
Sales Availability Sessions and a Workshop August 19-20, 2008.
The Availability Sessions enabled
participants to meet one-on-one with the parties listed above, and gain additional insight on their role
Tar Creek 2 EPA Publication Date: September 3, 2008
involving chat and chat sales.
The workshop informed participants on the purpose of the Chat Rule,
record keeping requirements, the desire to facilitate chat sales and encouraged the exchange of
information between chat sellers, purchasers, and owners of chat.
On June 17, 2008 EPA conducted a series of meetings with chat sellers and a gravel operator in
Picher, OK. Participants included representatives from the Bureau of Indian Affairs, EPA-Region 7,
the Oklahoma Department of Environmental Quality and the Quapaw Tribe.
During these meetings...
EPA discussed the Chat Rule, reporting requirements, upcoming plans to conduct a chat sales
workshop in August, and addressed questions posed by the participants. The exchange was
beneficial to all parties and EPA gained additional insight on measures that should be pursued to
enhance participation at the upcoming chat sale workshop. EPA will continue to meet and coordinate
with its stakeholders in preparation for the workshop.
EPA signed the Record of Decision (ROD) for OU4 on February 20, 2008. The ROD provides a complete
explanation of EPA’s final decision, a summary of site investigations, and a responsiveness summary that
addresses comments received during the public comment period on the July 2007 Proposed Plan.
The ROD is available on EPA’s webpage - http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm.
The ROD and the OU4 Administrative Record, which is a collection of technical site material and documents that
forms the basis for the selected remedy, is available at the following site repositories:
Miami Public Library Oklahoma Department of Environmental Quality
200 North Main St 707 North Robinson
Miami, OK 74354 Oklahoma City, OK 73102
918-542-3064 405-702-1000
U.S. EPA - Region 6
1445 Ross Ave
Dallas, TX 75202
214-665-6427 (Please call for an appointment if you desire to review the file)
Meetings and consultations between EPA, ODEQ, the Quapaw Tribe, and the 10 Downstream Tribes on
site activities are being conducted as needed.
A public meeting was conducted on August 28, and an Availability Session was held the following day
(August 29) for the public to meet with EPA representatives on a one-on-one basis to ask any questions
related to the Proposed Plan.
EPA released the Proposed Plan of Action for OU4 on July 29, 2007 for public comment. The 30-day
public comment period that was scheduled to conclude August 30, 2007, was extended, to accommodate
the public’s request. The public comment period on the Proposed Plan of Action for OU4 concluded
October 1, 2007.
EPA conducted consultations with representatives of the eleven Federally-recognized tribes from January
through July 2007, to hear and address their concerns on the draft Proposed Plan of Action. The
consultations were accomplished through group meetings, individual meetings and conference calls.
EPA has completed 3 chat disposal pilot projects.
Approximately 34,600 tons of chat was injected into under ground mine caverns.
An additional 40,000 tons of mine waste were contained in an innovative trench/road system.
Two more pilots are underway.
Both include injecting washed chat fines directly into mine caverns and eliminating sediment/holding ponds.
The data will help better define design criteria.
OU5 (Sediment and Surface Water)
EPA Region 6 is working with EPA Region 7 as part of multi-state effort to characterize sediment and
surface water throughout the Spring and Neosho River basins.
Sampling was conducted in the river basins on May 1 – 5, 2006.
The results from the sampling are expected to be available by October 2006.
A second phase of sampling was conducted in Summer 2007.
This sampling focused on collecting data on the toxicity of the sediments and the results will be used to guide future cleanup activities.
Memorandum of Understanding (MOU) Activities
Representatives from the various tribes, USACE, USGS, BIA, EPA, and ODEQ are conducting
Tar Creek 3 EPA Publication Date: September 3, 2008
multiple meetings, in order to share information and keep parties abreast of pilots and studies that are
being pursued in and around the site.
The cleanup of lead-contaminated soils from over 2,000 residential yards and high access areas located
within the five-city mining area has significantly reduced the exposure of the population, especially young
children.
October 2004, Report To Congress by the Agency for Toxic Substances and Disease Registry
(ATSDR).
This report shows that children between the ages of 1 and 5 living at the Tar Creek site
who had a blood lead level in excess of the 10ug/dL level decreased from 31.2% in 1996 to 2.8% in
2003.
The 2.8% level is only slightly higher than the findings of the National Health and Nutrition
Examination Surveys (NHANES) for children living in the United States as a whole, which stands at
2.2% for children between the ages of 1 and 5 during the years 1999-2000.
Abandoned well plugging has reduced the potential for contaminants in the shallow Boone Aquifer to
migrate to the Roubideax drinking water aquifer.
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National Priorities Listing (NPL)
History
Site Hazard Ranking System Score: 58.15
Proposed Date: 7/27/1981
Final Date: 9/08/1983
Location: The Tar Creek Superfund Site (hereinafter “the Site”) is part of the Tri-State Mining
District, which includes northeastern Oklahoma, southeastern Kansas, and southwestern
Missouri. Specifically, the Site includes the Old Picher Field lead and zinc mining area
located in northeastern Ottawa County.
Population: Approximately 19,556 people live in the surrounding area.
Setting: The Site consists of five mining cities, Picher, Cardin, Quapaw, Commerce, and North
Miami, and other areas within Ottawa County. Chat piles are located throughout the
communities.
Principal Pollutants: Lead, cadmium, and zinc.
Health Considerations:
Lead-contaminated soils and chat piles are a source of exposure to the population, especially to
young children. A percentage of young children living in the five-city mining area are known to have
blood lead levels in excess of the 10 g/dL (micrograms per deciliter) standard set by the Center for
Disease Control (CDC). The percentage of children with elevated blood lead levels remains well
above state and national averages.
Children are the most sensitive population for lead exposures. Chronic exposure can deleteriously
affect the immune system, blood system, nervous system, and kidneys. Harmful effects include
premature births, smaller babies, decreased mental ability in the infant, learning difficulties, and
reduced growth in young children.
Record of Decision (ROD)
Operable Unit 1: ROD signed on June 6, 1984
Operable Unit 2: ROD signed on August 27, 1997
Operable Unit 4: ROD signed on February 20, 2008
Tar Creek 4 EPA Publication Date: September 3, 2008
The OU1 ROD addressed
(1) the surface water degradation by the discharge of acid mine water, and
(2) the threat of contamination of the Roubidoux Aquifer, the regional water supply, by downward migration of
acid mine water from the overlying Boone Aquifer through abandoned wells connecting the two.
Recharge was to be prevented by utilizing diking and diversion structures to stop the surface water of Tar Creek from
entering the two collapsed mine shafts in Kansas, which were identified as the main inflow points.
Additionally, the remedy called for preventing the downward migration of acid mine water into the
Roubidoux Aquifer by plugging 66 abandoned wells.
During remediation, an additional 17 wells were identified and addressed, bringing the total to 83 wells.
Construction activities were concluded on December 22, 1986.
The OU2 ROD addressed the residential areas.
The full text for this ROD is located on the Internet at:
www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm
The OU4 ROD addresses the source materials, rural residential yard contamination, transition zone soil
contamination, and contamination in water drawn from rural residential wells.
The selected remedy also includes relocation, which will continue to be implemented by the Lead Impacted Communities Relocation
Assistance Trust (LICRAT), and chat sales.
Though EPA does not own any chat and will not purchase
any chat, it will assist chat sales participants as part of EPA’s CERCLA remedy.
The full text for this ROD
is available at the webpage listed above.
Site Contacts
EPA Remedial Project Managers: Mike McAteer, OU2 214-665-7157
Ursula Lennox, OU1 & 4 214-665-6743
John Meyer, OU5 214-665-6742
EPA Community Coordinator: Janetta Coats 214-665-7308
EPA Site Attorney: Jim Costello 214-665-8045
EPA State Coordinator: Kathy Gibson 214-665-7196
EPA Regional Public Liaison: Donn R. Walters 214-665-6483
EPA Toll-Free Telephone Number: 1-800-533-3508
ODEQ Program Manager: Kelly Dixon 405-702-5156
ODEQ Tar Creek Coordinator Angela Hughes 405-702-5141
ODEQ Project Managers: Dennis Datin, P.E. 405-702-5125
David Cates, P.E. 405-702-5133
Quapaw Environmental Program Director: Tim Kent 918-542-1853
Quapaw Superfund Program Manager: Vacant
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GOVERNOR FRANK KEATING’S
TAR CREEK SUPERFUND TASK FORCE
ALTERNATIVES FOR ASSESSING INJURIES
TO NATURAL RESOURCES AT THE
TAR CREEK SUPERFUND SITE
OTTAWA COUNTY, OKLAHOMA
REPORT OF THE
NATURAL RESOURCE DAMAGES SUBCOMMITTEE
JULY 21, 2000
(Page 1)
INTRODUCTION
On February 2, 2000, Brian C. Griffin, Oklahoma Secretary of Environment, established a Subcommittee
of the Governor’s Tar Creek Superfund Task Force to research avenues for assessing Natural Resource Damage
Claims at the Tar Creek Superfund Site (the “Site”).
The Subcommittee includes representatives of the City of
Miami; Grand Gateway; the Oklahoma Attorney General’s Office; the Oklahoma Department of Wildlife
Conservation; the Quapaw Tribe of Oklahoma; the United States Fish and Wildlife Service, and the United States
Bureau of Indian Affairs. The Subcommittee was chaired by Kelly Hunter Burch, Assistant Attorney General, and
Lloyd Landreth, Esq., Gardere & Wynne, LLP.
The Subcommittee’s objective is to explore state and tribal alternatives for recovering damages for
injuries to natural resources resulting from mining activities at the Site. Specifically, the Subcommittee was
tasked with:
(1) Developing an outline of actions needed to assess injuries and damages which identifies
cooperating agencies, timeframes for completion, and resource needs; and
(2) Outlining a process for identifying all potentially responsible parties that may be liable for Natural
Resource Damages and the resources needed to complete that process.
LEGAL BASIS FOR NATURAL RESOURCE DAMAGE CLAIMS
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides that
responsible parties may be held liable for damages for injury, destruction, or loss of natural resources resulting
from a release of hazardous substances, including the reasonable costs of assessing the damages. 42 U.S.C §
9607(a)(C). Natural resources under CERCLA include “land, fish, wildlife, biota, air, water, ground water,
drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to or
otherwise controlled by the United States . . . any State or local government . . . or any Indian tribe . . ..” 42
U.S.C. §9601(16).
(Page 2)
Natural resource damage claims are different from remediation efforts undertaken by the Environmental
Protection Agency under CERCLA, which are intended to abate threats to public health and the environment.
Claims for natural resource damages pursuant to CERCLA are designed to compensate the public for past and
interim injuries to natural resources. Only designated federal, state or tribal trustees may bring natural resource
damage claims on behalf of the public. Damages recovered by the natural resource trustees must be used to
“restore, replace or acquire the equivalent of such natural resources.” 42 U.S.C. §9607(f)(1).
THE NATURAL RESOURCE DAMAGE ASSESSMENT PROCESS
There are two types of regulations available for assessment of natural resource damages: (1) standard
simplified procedures requiring minimal field investigation (Type A); and (2) protocols for conducting
assessments in individual cases (Type B).
These regulations were promulgated by the U.S. Department of Interior
in 43 C.F.R. Part 11. A natural resource damage assessment (NRDA) conducted by trustees in accordance with
these regulations has the force and effect of a rebuttable presumption in any administrative or judicial proceeding
under CERCLA. 42 U.S.C. §9607(f)(2)(C). However, CERCLA also allows the trustees to use other methods
of assessing and quantifying damages.
If the trustees for the Tar Creek Superfund Site elect to follow the U.S. Department of Interior
regulations, only the Type B method would be applicable to the NRDA. A Type B Assessment requires a multistage
administrative process, with opportunities for public and Potentially Reponsible Party (“PRP”) participation
in the latter stages. The stages of a Type B Assessment are summarized as follows:
(1) Preassessment Phase.
This phase provides for notification, coordination, and emergency action.
It includes a preassessment screen which is intended to be a rapid review of readily available
information. The preassessment screen allows the trustees to make an initial determination of
whether a hazardous substance release has affected natural resources and whether the potential
injury is significant enough to justify a NRDA.
(2) Assessment Plan Phase. If the trustees decide to proceed with a NRDA, a trustee council may
(Page 3)
be formed in which one representative is designated as the “lead trustee.” The trustee council
will then develop an Assessment Plan which outlines the methodologies and processes to apply
in the NRDA. The Assessment Plan ensures that the assessment is performed in a planned and
systematic manner and that the methodologies chosen demonstrate a reasonable cost. PRPs may
be invited to participate in the assessment process at this stage.
(3) Type B Assessments.
The process for implementing Type B assessments has been divided into
the following three phases:
(1) Injury Determination phase.
In this phase, the trustees formally establish that one or
more natural resources have been injured as a result of a release of a hazardous
substance. The trustees will determine both the pathways through which resources
have been exposed to a hazardous substance and the nature of the injury.
(2) Quantification Phase.
The purpose of this phase is to establish the baseline condition of
the injured resource, the areal and temporal extent of the injury, and estimates of the
likelihood and time for recovery.
(3) Damage Determination Phase.
The purpose of this phase is to establish the appropriate
compensation expressed as a monetary value for the injuries to natural resources. The
regulations include guidance on acceptable cost estimation and valuation methodologies
for determining compensation based on the cost of restoration, rehabilitation,
replacement, and/or acquisition of equivalent resources, and the lost value of the
injured resources from the time of injury until the resources recover or are restored.
(4) Post-assessment Phase.
This phase requires a Report of Assessment containing the results of
the assessment and it documents that the assessment has been carried out according to
regulations. It also delineates the manner in which the demand will be presented to PRPs and the
steps to be taken when sums are awarded as damages.
(Page 4)
PRELIMINARY INFORMATION ON NRD AT THE TAR CREEK SITE
The Tar Creek Superfund Site, in Ottawa County, Oklahoma, is related to a larger Superfund remedial
action being conducted in Cherokee County, Kansas and Jasper County, Missouri. The remedial actions are not
being conducted jointly, however, releases of hazardous substances in these three states are the result of lead and
zinc mining that took place from the early 1900's to the mid 1970's in what is commonly referred to as the Tri-
State Mining District.
When mining operations ceased at the Site in the 1970s, the metallic sulfide minerals in the mines lowered
the groundwater pH in the abandoned mine excavations. Rising groundwater levels surfaced through old air shafts
and subsidence areas, entered surface water drainages, and spread downstream into associated streams and
wetlands.
This water generally contains elevated concentrations of dissolved metals which adversely affects
aquatic life, including lead, zinc, and cadmium. Deposition of excavated materials (“chat piles”) began in the early
1900's. The chat, laced with heavy metals, was scattered throughout the Site, and is suspected as a source of
contamination of surface water and groundwater. Ponds and streams throughout the Site are potentially
contaminated with mine and chat drainage.
Natural resources potentially affected by contaminants at the Site include, in part, federal and state
threatened and endangered species, migratory birds, surface water, ground water, drinking water, plants, fish,
biota, wildlife, cultural, agricultural, and terrestrial resources. Natural resources specific to the Tribes include,
in part, natural resources used in traditional, cultural, spiritual and/or subsistence practices, such as medicinal
herbs, furbearing animals, plants and fish used for ceremonial purposes.
In particular, some of the species that are potentially impacted by releases of hazardous substances
include the endangered gray bat, the threatened Neosho madtom, the Ozark cavefish, and the threatened bald
eagle. There has also been significant reduction in the number of fish and aquatic invertebrates below the mine
discharge points in surface watersheds. The reduction in biomass and diversity of aquatic biota in streams and
wetlands, as well as uptake of contaminants at the site, has also potentially affected migratory birds in all three states.
(Page 5)
STATUS OF THE TRI-STATE PARTNERSHIP ACTIVITES
Natural resources trustees for the three states, the eight Indian tribes, and the federal government have
formed a partnership to share resources and information about injuries to natural resources in the Tri-State Mining
District. In Oklahoma, the natural resource trustees include the Secretary of Environment for the State of
Oklahoma, the U.S. Fish and Wildlife Service and Bureau of Indian Affairs for the U.S. Department of the
Interior, and eight separate Indian Tribes (the “Trustees”).
The Tri-State Partnership is in the process of compiling and analyzing available data pertinent to a Tri-
State NRDA. Preliminary indications are that there have been extensive injuries to natural resources at the Site.
It is possible that damages could exceed several hundred million dollars.
The State of Oklahoma and the U.S. Department of Interior recovered some funds for natural resource
damages at the Site in the Eagle Picher Bankruptcy Settlement.
The State of Oklahoma received $345,612
The U.S. Fish and Wildlife Service received approximately $400,000
The U.S. Fish and Wildlife Service is proposing to undertake partial restoration for loss of natural resources with the acquisition and management of
an Ottawa County endangered bat maternity cave, conservation of high quality bottomland forest along the
Neosho River, and acquisition and protection of a large continuous stand of Ozark forest and cave habitats in
Adair County, Oklahoma. These proposed restoration projects are scheduled to be implemented in 2000.
AVAILABLE OPTIONS FOR PURSUIT OF A NRD CLAIM
Currently, the Trustees are in the preassessment phase of the NRDA regulations. In the preassessment
phase, the Trustees must determine whether there is a reasonable probability that a natural resource damage claim
will be successful before funds and resources are expended in carrying out an assessment. Representatives of
natural resource Trustees in Oklahoma met on July 19, 2000 to discuss the formation of a trustee council.
Oklahoma Trustees could complete the preassessment phase and make a decision on whether to pursue a NRDA
as early as the Spring of 2001.
(Page 6)
The following will outline options for proceeding with a NRDA at the Tar Creek Superfund Site:
(5) Initiate Assessment Plan Phase (Winter 2001)
If the Trustees determine that an assessment
is warranted, a plan for the assessment of natural resource damages must be developed. The
Assessment Plan will ensure that the NRDA is conducted in a planned and systematic manner
at a reasonable cost. The plan will include a Preliminary Estimate of Damages, an Injury
Determination, Quantification of Injuries, and a Damage Determination.
(1) Costs.
The following costs may be incurred in the Assessment Plan phase of the damage assessment:
(i) Methodology identification and screening;
(1) Potentially responsible party notification;
(2) Public participation;
(3) Exposure confirmation analysis;
(4) Preliminary estimate of damages; and
(5) Any other Assessment Plan costs for activities authorized by sections 11.30
through 11.38 of the Type B regulations.
(2) Recovery of Damages.
At the conclusion of the assessment, the Trustees will present
the PRPs with a written demand for damages and assessment costs. If the PRPs
decline to pay damages and costs, litigation may be initiated pursuant to Section 107 of
CERCLA.
(3) Post-Assessment Phase.
Sums recovered by the federal government acting as trustee
shall be retained by the trustee, without further appropriation, in a separate account in
the U.S. Treasury. Sums recovered by the state shall either:
(i) Be placed in a separate account in the state treasury or
(ii) Be placed by the responsible party or parties in an
interest bearing account payable in trust to the state agency acting as trustee. Sums
(Page 7)
recovered by an Indian Tribe shall either
(i) Be placed in an account in the tribal treasury or
(ii) Be placed by the responsible party or parties in an interest bearing
account payable in trust to the Indian Tribe.
(6) Identification of Potentially Responsible Parties.
The Subcommittee has developed a listing of
the majority of the information sources available to identify PRPs at the Site. In addition, the
Oklahoma Attorney General’s Office has created a database that can be used to store all of the
available information regarding ownership, leases, company data, production, location, and other
pertinent information related to mining, smelting and transportation activities in the Oklahoma
portion of the Tri-State Mining District. The database is interfaced with a GIS mapping system
that will plot the precise location of the mine on a map that contains numerous data layers.
Although there is an enormous amount of data which remains to be analyzed, it appears
that there are viable PRPs at the Site. The Office of the Attorney General will continue to gather
and input information into the database after the conclusion of this Subcommittee’s work,
however, it will be necessary to contract with a professional consultant to complete the work
necessary to identify all of the PRPs. The Subcommittee is currently obtaining cost estimates
for completing the PRP search.
Because the results of a full PRP search will be beneficial to both a NRDA and a Cost
Recovery Action for remediation, the Subcommittee is proposing that the costs be shared
between the U.S. Department of Interior, the State of Oklahoma, and the U.S. Environmental
Protection Agency. This approach would require a legislative appropriation by the State of
Oklahoma.
(7) NRDA Resource Needs.
Whenever possible, the assessment costs may be shared among the
Trustees. The Department of Interior has a Natural Resource Damage Assessment and
Restoration Fund which can be accessed by the federal government to cost-share with the state
(Page 8)
and the other trustees. The U.S. Department of Interior Tri-State NRDA effort has been funded
for fiscal year 2000 at approximately $310,000. Funding needs for 2001 will likely be higher
depending on the progress made in 2000.
If the cost of a preassessment screen is shared between the State of Oklahoma and the
U.S. Department of Interior, the state’s portion may range between $100,000 and $200,000.
If the Trustees decide that a NRDA is warranted, the state’s portion of the cost share is likely
to exceed one million dollars. Given the recovery potential in this case, the Subcommittee
recommends that the state pursue funding for the preassessment phase. This will allow the
Trustees to make an informed decision on whether to proceed to the assessment phase.
(4) Cooperative Assessments and Integration
The costs of an assessment can be substantially
reduced by conducting cooperative assessments with PRPs and by integrating assessment work
into the remedial process. These techniques are currently being employed successfully in other
states, including the State of Missouri’s work in the Tri-State District.
Unlike Missouri, the Oklahoma PRPs are not participating in the remedial action
Encouraging the PRPs to work cooperatively to address remediation and natural resource injuries
at the Site will significantly reduce the costs of remediation and restoration activities, as well as
potentially eliminate the costs of litigation.
Much of data needed to complete a NRDA at the Site is similar to that which will have
to be collected during remedial investigation work and, where additional information is needed,
additional data collection can be readily included into remedial sampling efforts. The cost
savings inherent to integrating NRDA and remedial efforts is self evident.
It also seems prudent to integrate restoration alternatives into the remedial investigation,
feasibility, and design phases at the Tar Creek Site given the complex and diverse nature of the
problems that have been identified. For example, there has been extensive discussion regarding
(Page 9)
the benefits of artificial wetlands at the site for treatment of hazardous substances, as well as
drainage and flooding problems. Creation of artificial wetlands will also be a viable restoration
alternative for injuries to natural resources that can supplement the projects designed for
remedial purposes. Integration of the NRDA and remedial activities will allow the decision
makers to identify all of the alternatives for addressing the problems at the Site and will
substantially reduce duplication of efforts.
(5) Cooperating Entities.
The Trustee for the State of Oklahoma, the Oklahoma Secretary of Environment, has designated three agencies to represent the interests of the state in the Tri-State
Partnership:
the Oklahoma Department of Environmental Quality,
the Oklahoma Department of Wildlife Conservation,
and the Oklahoma Attorney General’s Office.
The U.S. Fish and Wildlife Service,
the Office of the Solicitor,
the Bureau of Indian Affairs,
the U.S. Geological Survey,
and the U.S. Office of Surface Mining all participate in the Tri-State Partnership on behalf of the
federal government.
There are eight Indian Tribes represented in the partnership, including the
Eastern Shawnee Tribe of Oklahoma,
Miami Tribe of Oklahoma,
Modoc Tribe of Oklahoma,
Ottawa Tribe of Oklahoma,
Peoria Tribe of Indians of Oklahoma,
Quapaw Tribe of Oklahoma,
Seneca-Cayuga Tribe of Oklahoma,
and the Wyandotte Tribe of Oklahoma.
In addition, the State of Kansas is represented by
Kansas Department of Wildlife and Parks and the
Kansas Department of Health and Environment.
The State of Missouri is represented by the
Missouri Department of Natural Resources, the
Missouri Department of Conservation,
and the Missouri Attorney General’s Office.
CONCLUSION
Based on preliminary information gathered by this Subcommittee, it appears that the Trustees have
sustained injuries to natural resources as a result of a release of hazardous substances at the Tar Creek Superfund
Site. It is possible that damages at the Site could exceed several hundred million dollars.
(Page 10)
The Subcommittee has also determined that there are viable PRPs at the Tar Creek Superfund Site.
Completion of the research undertaken by the Subcommittee on this issue will require the expertise of a
professional consulting firm. Because the results of a thorough search for PRPs at the Site will benefit both a
cost recovery action and a natural resource damage claim, the Subcommittee proposes that the costs of the
search be shared between the State of Oklahoma, the U.S. Environmental Protection Agency, and the U.S.
Department of Interior.
The Subcommittee recommends that the Trustees proceed with the preassessment phase of a NRDA.
This step will allow the Trustees to formally determine whether there is a reasonable probability of making a
successful claim before funds and resources are expended in carrying out the assessment phase. The
Subcommittee further recommends that the State of Oklahoma pursue funding to conduct the preassessment
phase on a cost-share basis with the U.S. Department of Interior.
If the Trustees decide to proceed with an
assessment, the Subcommittee recommends that the assessment work and the remedial effort be integrated and
that the PRPs be encouraged to work cooperatively with all parties to remediate and restore the Site.
EPA Provides Funds To Expedite Buyout of Picher Residents
Release date: 05/21/2008
(Dallas, Texas - May 21, 2008) The Environmental Protection Agency (EPA) is providing $8 million in federal funding to the Oklahoma Department of Environment Quality (ODEQ) to expedite the buyout and relocation of residents of Picher, Oklahoma. The mining town is in the center of the Tar Creek Superfund site and was heavily damaged by a May 10 tornado that struck parts of northeast Oklahoma and southwest Missouri.
The funding will be made available in two segments. The first segment of $3 million was specifically directed by Congress for the relocation of Picher, Cardin and Hockerville residents. The second segment of $5 million is being made available through the federal Superfund program. This funding will provide assistance for the buyout of residents, and demolition or relocation of homes, businesses, and public use structures located in the disaster area.
“We appreciate Senator Inhofe’s leadership in securing additional funds to assist these communities,” said EPA Regional Administrator Richard E. Greene. “We are working closely with Oklahoma officials and the Relocation Trust to ensure that the victims of the tornado get the help they need.”
In response to the May 10 tornado, EPA Region 6 deployed its mobile Command Post and emergency response staff to Picher to conduct air monitoring and soil sampling. Analysis of the air and soil data indicate no health risks to residents or responders from the debris created by the tornado. EPA will continue to assist the community until tornado-related debris removal is completed.
EPA listed the Tar Creek Superfund site on its National Priorities List in 1983. The site is located in northeast Oklahoma and is part of the 1,188 square mile historic zinc and lead mines known as the Tri-State Mining District in Missouri, Kansas and Oklahoma.
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STATE OF OKLAHOMA
DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
CUSTOMER SERVICES DIVISION
FY03 Section 106 Water Quality Management Program
I-006400-01
FY03/04 Carryover Project #8 (Task 600)
Fish Tissue Metals Analysis in the Tri-State Mining Area
FY 2003/Final Report/Submitted by:Oklahoma Department of Environmental Quality
Customer Services Division - 707 North Robinson - P. O. Box 1677
Oklahoma City, OK 73101-1677 - Telephone: (405) 702-1000
Effective: July 1, 2003
Revision 2 - 12/4/07 - Approval Date:2/1/08
Acknowledgements
The Oklahoma Department of Environmental Quality wishes to thank the US Fish and Wildlife Service for their help in the collection of fish as well as advice and counsel on development of sample preparation and analysis methods for this study.
Executive Summary
The Customer Services Division (CSD) of the Oklahoma Department of Environmental Quality (ODEQ) performed a study to determine the safety of consuming fish caught in Oklahoma waters affected by runoff from the Tri-State Mining Area and the Tar Creek Superfund Site.
Responding to concerns by local residents and tribes, this study was designed to determine levels of metals in fish tissue that would be harmful to human health if consumed in excess amounts.
Local tribes from the Tar Creek area indicated traditional customs involve eating whole fish, including bones, which have been canned by means of pressure-cooking. Since metals are known to accumulate in the bones and organs of fish, there was a concern that these traditional methods of preparation would be unsafe.
Local tribes advised ODEQ they believed fish consumption rates were higher among tribal members than among the general public.
CSD field personnel worked cooperatively with the US Fish and Wildlife Service to collect fish from the Neosho and Spring Rivers and local ponds receiving mine waste runoff. The State Environmental Laboratory developed sample preparation and analysis methods specifically for this study.
CSD risk assessment personnel used EPA guidance to develop safe levels for cadmium and zinc in fish, and utilized the Integrated Exposure Uptake Biokinetic (IEUBK) Model for evaluating lead concentrations in fish that would be safe for the public to consume.
Results...
Results of this study conclude that fillets of fish caught in ponds within the Tar Creek Superfund Site and the Spring and Neosho Rivers are safe to eat at rates up to 6 8-ounce meals per month based on laboratory reporting limits.
Whole-uneviscerated and whole-eviscerated portions of all fish from the Oklahoma sections of the Spring and Neosho Rivers downstream to Grand Lake and ponds in the Tri-State Mining Area should not be consumed.
Fish from these waters have higher concentrations of lead than fish collected in a national study. The higher fish tissue lead concentrations are positively correlated (R2 = 86%) to lead concentrations in the sediments of the area waters.
A follow-up study is recommended to verify these results and to determine the downstream extent of problems. Future studies should incorporate lower analytical reporting limits.
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Background and Statement of Issues
The Tri-State Mining District located in northeast Oklahoma, southeast Kansas, and southwest Missouri was once a major provider of lead and zinc ores in the early to mid 20th century.
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