Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10367
Issued in Washington, DC, on this 12th day DEPARTMENT OF DEFENSE implementation of this action without of February 2001. opportunity for public comment, John Seal, Department of the Army, Corps of effective immediately upon publication Acting Executive Director, Pension Benefit Engineers today in the Federal Register, is based Guaranty Corporation. on the good cause exceptions in 5 U.S.C. [FR Doc. 01–3881 Filed 2–14–01; 8:45 am] 33 CFR Part 323 553(b)(B) and 553(d)(3). Seeking public comment is impracticable, unnecessary BILLING CODE 7708–01–P ENVIRONMENTAL PROTECTION and contrary to the public interest. The AGENCY temporary 60-day delay in effective date is necessary to give EPA and Corps 40 CFR Part 232 DEPARTMENT OF DEFENSE officials the opportunity for further [FRL–6945–3] review and consideration of new Office of the Secretary regulations, consistent with the Further Revisions to the Clean Water Assistant to the President’s 32 CFR Part 199 Act Regulatory Definition of memorandum of January 20, 2001. ‘‘Discharge of Dredged Material’’: Given the imminence of the effective Delay of Effective Date date, seeking prior public comment on RIN 0720–AA62 this temporary delay would have been AGENCIES: Army Corps of Engineers, impractical, as well as contrary to the Civilian Health and Medical Program of Department of the Army, DOD; and public interest in the orderly the Uniformed Services (CHAMPUS) Environmental Protection Agency. promulgation and implementation of TRICARE, Partial Implementation of ACTION: Final Rule; Delay of Effective regulations. The imminence of the Pharmacy Benefits Program; Date. effective date is also good cause for Implementation of National Defense making this rule immediately effective Authorization Act Medical Benefits for SUMMARY: In accordance with the upon publication. Fiscal Year 2001; Change in Effective memorandum of January 20, 2001, from Date the Assistant to the President and Chief Dated: February 9, 2001. of Staff, entitled ‘‘Regulatory Review Claudia L. Tornblom, AGENCY: Office of the Secretary, Plan,’’ published in the Federal Register Deputy Assistant Secretary of the Army Defense. on January 24, 2001, this action (Management and Budget), Department of the temporarily delays for 60 days the Army. ACTION: Interim final rule. effective date of the rule entitled Dated: February 12, 2001. ‘‘Further Revisions to the Clean Water Christine T. Whitman, SUMMARY: On Friday, February 9, 2001 Act Regulatory Definition of ‘Discharge Administrator, Environmental Protection (66 FR 9651), the Department of Defense of Dredged Material’,’’ published in the Agency. published an Interim final rule on Federal Register on Wednesday, [FR Doc. 01–3843 Filed 2–14–01; 8:45 am] Partial Implementation of Pharmacy January 17, 2001, at 66 FR 4549. That BILLING CODE 6560–50–P Benefits Program; Implementation of rule amends Clean Water Act section National Defense Authorization Act 404 regulations defining the term Medical Benefits for Fiscal Year 2001. ‘‘discharge of dredged material.’’ ENVIRONMENTAL PROTECTION This document is published to change DATES: The effective date of Further AGENCY the effective date of that rule in Revisions to the Clean Water Act 40 CFR Part 300 accordance with the statutory Regulatory Definition of ‘‘Discharge of requirements of the National Defense Dredged Material,’’ amending 33 CFR Authorization Act for Fiscal Year 2001, part 323 and 40 CFR part 232, published [FRL–6927–2] in the Federal Register on Wednesday, which directed implementation of National Oil and Hazardous January 17, 2001, at 66 FR 4549, is specific medical benefits on April 1, Substances Pollution Contingency delayed for 60 days, from the original 2001. Plan; National Priorities List February 16, 2001, effective date to a EFFECTIVE DATE: The effective date of the new effective date of April 17, 2001. AGENCY: Environmental Protection rule is amended to April 1, 2001. FOR FURTHER INFORMATION CONTACT: For Agency (EPA) FOR FURTHER INFORMATION CONTACT: L.M. information on today’s action, contact ACTION: Partial direct final deletion of Bynum, 703–601–4722. either Mr. Michael Smith, U.S. Army the California Gulch Superfund Site Corps of Engineers, ATTN: CECW-OR from the National Priorities List (NPL). Dated: February 9, 2001. (3F73), 441 ‘‘G’’ Street, NW, L.M. Bynum, Washington, DC 203140–1000, phone: SUMMARY: The Environmental Protection Alternate OSD Federal Register Liaison, (202) 761–4598, or Cynthia Puskar, U.S. Agency (EPA) Region 8 announces its Department of Defense. Environmental Protection Agency, intent to delete Operable Unit 10 (OU [FR Doc. 01–3788 Filed 2–14–01; 8:45 am] Office of Water (4201), 1200 10) of the California Gulch Superfund BILLING CODE 5001–10–M Pennsylvania Avenue N.W., Site (Site) from the National Priorities Washington, DC 20460, phone: (202) List (NPL) and requests public comment 260–8532. on this action. The NPL constitutes SUPPLEMENTARY INFORMATION: To the Appendix B of 40 CFR Part 300, the extent that 5 U.S.C. 553 applies to this National Oil and Hazardous Substances action, it is exempt from notice and Pollution Contingency Plan (NCP), comment because it constitutes a rule of which EPA promulgated pursuant to procedure under 5 U.S.C. 553(b)(A). Section 105 of the Comprehensive Alternatively, the agencies’ Environmental Response,
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Compensation, and Liability Act Table of Contents described in Section IV. Response (CERCLA) of 1980, as amended. This I. Introduction activities are not complete at the other partial deletion of the California Gulch II. NPL Deletion Criteria OUs at the Site. Those OUs will remain Site is proposed in accordance with 40 III. Deletion Procedures on the NPL and are not the subject of CFR 300.425(e) and the Notice of Policy IV. Basis for Intended Partial Site Deletion this partial deletion. Change: Partial Deletion of Sites Listed Appendix A—Deletion Docket Appendix B—Site Coordinates The NPL is a list maintained by EPA on the National Priorities List, 60 FR of sites that EPA has determined present 55466 (Nov. 1, 1995). I. Introduction a significant risk to public health, OU 10 includes the Oregon Gulch The Environmental Protection Agency welfare, or the environment. Sites on Tailing Impoundment. EPA issued a (EPA), Region VIII announces its intent the NPL may be the subject of remedial Record of Decision (ROD) for OU 10 on to delete a portion of the California actions financed by the Hazardous August 7, 1997. The Remedial Action Gulch Superfund Site (Site) from the Substance Superfund (Fund). Pursuant was completed on September 26, 1999 National Priorities List (NPL) (40 CFR to 40 CFR 300.425(e) of the NCP, any and was approved by EPA on September Part 300 Appendix B) and requests site or portion of a site deleted from the 30, 1999. The EPA bases its proposal to comments on this proposal. The Site is NPL remains eligible for Fund-financed delete OU 10 on the determination by located in Lake County, Colorado. This remedial actions if conditions at the site EPA and the State of Colorado, through proposal for partial deletion pertains to warrant such action. the Colorado Department of Public Operable Unit 10 (OU10) of the Site, EPA will accept any dissenting Health and Environment (CDPHE), that which consists of the Oregon Gulch comments on this partial deletion for all appropriate response actions under Tailing Impoundment and Lower thirty days following publication of this CERCLA have been implemented at OU Oregon Gulch. notice in the Federal Register. 10. The California Gulch Superfund Site The Site is divided into 12 Operable was listed on the NPL on September 8, II. NPL Deletion Criteria Units (OUs) pursuant to a 1994 Consent 1983. The Site has been divided into 12, Decree. The 12 OUs comprising the The NCP establishes the criteria that Operable Units (OUs). This partial California Gulch Site are as follows: EPA uses to delete sites or portions of deletion pertains only to OU 10 of the OU 1 Yak Tunnel/Water Treatment a Site from the NPL. In accordance with Site. Response activities will continue at Plant 40 CFR 300.425(e), sites may be the remaining OUs. OU 2 Malta Gulch Tailing completely or partially deleted from the Impoundments and Lower Malta NPL where no further response in the DATES: This ‘‘direct final’’ action will be areas to be deleted is appropriate to effective April 16, 2001 unless EPA Gulch Fluvial Tailing OU 3 D&RG Slag piles and Railroad protect public health or the receives significant adverse or critical Yard/Easement environment. In making such a comments by March 19, 2001. If adverse OU 4 Upper California Gulch determination pursuant to § 300.425(e), comments are received, EPA will OU 5 Asarco Smelter sites/Slag/Mill EPA will consider, in consultation with publish a timely withdrawal of the sites the State, whether any of the following direct final rule in the Federal Register OU 6 Starr Ditch/Stray Horse Gulch/ criteria have been met: informing the public that the rule will Lower Evans Gulch/Penrose Mine not take effect. Section 300.425(e)(1)(i). Responsible Waste Pile ADDRESSES: Comments may be mailed to parties or other persons have implemented OU 7 Apache Tailing Impoundments all appropriate response actions required; or Rebecca Thomas, Remedial Project OU 8 Lower California Gulch Section 300.425(e)(1)(ii). All appropriate Manager, Environmental Protection OU 9 Residential and Commercial Fund-financed response under CERCLA has Agency, Region 8, Mail Code 8EPR–SR, Populated Areas been implemented, and no further response 999 18th Street, Suite 300, Denver, CO OU 10 Oregon Gulch action by responsible parties is appropriate; 80202. Telephone: (303) 312–6552. OU 11 Arkansas River Valley or Information Repositories: Floodplain Section 300.425(e)(1)(iii). The remedial Comprehensive information on the OU 12 Site-wide Surface and Ground investigation has shown that the release California Gulch Site is available Water poses no significant threat to public health or through the EPA, Region 8 public the environment and, therefore, taking of OUs 2 through 11 were designated in remedial measures is not appropriate. docket, which is located at the EPA, order to facilitate source remediation of Region 8, Superfund Records Center and specific geographic areas. OUs 2 Section 300.425(e)(3) of the NCP is available for viewing from 8:00 AM to through 11 pertain to distinct provides that Fund-financed actions 4:30 PM, Monday through Friday, geographical areas and correspond with may be taken at sites that have been excluding holidays. Requests for areas of responsibility for the identified deleted from the NPL. Therefore, documents should be directed to the responsible parties. The EPA has taken deletion of an operable unit at a site EPA, Region 8, Superfund Records responsibility for areas where either no from the NPL does not preclude Center. The address for the Region 8 responsible party could be identified, eligibility for subsequent Fund-financed Superfund Records Center is: U.S. the United States was a responsible actions at the operable unit deleted if Environmental Protection Agency, party, or cash-out settlements had been future site conditions warrant such Region 8, Superfund Record Center, 999 reached with the responsible parties. actions. A partial deletion of a site from 18th Street, 5th Floor, Denver, CO OU 12, which covers the entire Site was the NPL also does not affect or impede 80202, Telephone (303) 312–6473. designated to address Site-wide Surface EPA’s ability to conduct CERCLA FOR FURTHER INFORMATION CONTACT: and Groundwater. OU12 will be response activities at operable units not Rebecca Thomas, Remedial Project addressed after completion of source deleted and remaining on the NPL. In Manager, Environmental Protection remediation in OUs 2 through 11. EPA addition, deletion of a portion of a site Agency, Region 8, Mail Code 8EPR–SR, proposes to delete the areas addressed from the NPL does not affect the 999 18th Street, Suite 300, Denver, CO by OU 10 because all appropriate liability of responsible parties or impede 80202. Telephone: (303) 312–6552. CERCLA response actions have been agency efforts to recover costs SUPPLEMENTARY INFORMATION: completed in the areas within OU 10 as associated with response efforts.
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III. Deletion Procedures approximately 100 miles southwest of geographical areas corresponding to Deletion or partial deletion of a site Denver. The California Gulch Superfund areas of responsibility for the identified from the NPL does not itself create, Site was listed on the National Priorities responsible parties and/or to distinct alter, or revoke any individual’s rights List on September 8, 1983, 48 Fed. Reg. sources of contamination. EPA has or obligations. The NPL is designed 40,658 (1983). The Site is in a highly taken responsibility for operable units mineralized area of the Colorado Rocky primarily for informational purposes where either no responsible party could Mountains covering 16 1⁄2 square miles and to assist EPA management. be identified, the United States was a of a watershed that drains along The following procedures were used responsible party, or cash-out California Gulch to the Arkansas River. for the intended partial deletion of this settlements had been reached with the Mining, mineral processing, and site: responsible parties. Under the 1994 smelting activities have occurred at the (1) EPA, Region VIII has Consent Decree, OUs 2 through 11 were Site for more than 130 years. designated to deal with areas where the recommended the partial deletion of the Mining in the District began in 1860, California Gulch Site and has prepared appropriate responsible party or the when placer gold was discovered in United States would conduct source the relevant documents. California Gulch. As the placer deposits (2) The State of Colorado through the remediation. The Consent Decree were exhausted, underground workings recognized that additional source Colorado Department of Public Health became the principle method for and Environment (CDPHE) has remediation or other appropriate removing gold, silver, lead, and zinc response actions related to surface or concurred with EPA’s recommendation ore. As these mines were developed, for a partial deletion. ground water could occur as part of OU waste rock was excavated along with the 12 anywhere within the 16.5 square (3) Concurrent with this Notice of ore and placed near the mine entrances. Intent to pursue a partial deletion, a mile of the Site. The OUs are as follows: Ore was crushed and separated into 1. Yak Tunnel/Water Treatment Plant notice has been published in local metallic concentrates at mills, with mill 2. Malta Gulch Tailing Impoundments newspapers and has been distributed to tailing generally slurried into tailing and Lower Malta Gulch Fluvial Tailing appropriate Federal, State and local impoundments. The Site was placed on 3. D&RG Slag piles and Railroad Yard/ officials, and other interested parties. the NPL because of concerns about the Easement These notices announce a thirty (30) day impact of mine drainage on surface 4. Upper California Gulch public comment period on the deletion waters in California Gulch and the 5. Asarco Smelter sites/Slag/Mill sites package, which commences on the date impact of heavy metals loading in the 6. Starr Ditch/Stray Horse Gulch/ of publication of this notice in the Arkansas River. Lower Evans Gulch/Penrose Mine Waste Federal Register and a newspaper of The Site includes the City of Pile record. Leadville, various parts of the Leadville 7. Apache Tailing Impoundments (4) EPA, Region VIII has made all Historic Mining District, and a section 8. Lower California Gulch relevant documents available in the of the Arkansas River from the 9. Residential and Commercial Regional Office, Superfund Record confluence of California Gulch to the Populated Areas Center. confluence of Lake Fork Creek. 10. Oregon Gulch EPA is requesting only dissenting A site-wide Phase I Remedial 11. Arkansas River Valley Floodplain comments on the Direct Final Action to Investigation (Phase I RI), which 12. Site-wide Surface and Ground Delete. For deletion of the release from primarily addressed surface and Water the Site, EPA’s Regional Office will groundwater contamination, was issued Operable Unit 10 of the California accept and evaluate public comments in January 1987. As a result of the Phase Gulch Site is defined as the 500-year on EPA’s Final Notice before making a I RI, EPA developed the first operable flood plain of Oregon Gulch from its final decision to delete. If necessary, the unit at the Site, the Yak Tunnel. This headwaters to its confluence with Agency will prepare a Responsiveness first operable unit was designed to California Gulch. Sources of metal Summary responding to each significant address the largest single source of loading within OU 10 include the comment submitted during the public metallic loading. Oregon Gulch Tailing Impoundment comment period. Deletion of the Site The Phase I RI was followed by a and miscellaneous tailing and stream from the NPL does not itself create, number of additional site-wide studies, sediment contained within the 500-year alter, or revoke any individual’s rights including the Tailing Disposal Area flood plain of lower Oregon Gulch. or obligations. The NPL is designed Remedial Investigation Report, Baseline Lower Oregon Gulch is defined as the primarily for informational purposes Human Health Risk Assessment Part A, portion of the gulch downstream of the and to assist Agency management. As Part B, and Part C, Ecological Risk tailing impoundment. The general mentioned in Section II of this Assessment for Terrestrial Ecosystems, location of OU 10 is shown on the maps document, § 300.425 (e)(3) of the NCP Baseline Aquatic Ecological Risk appearing as Exhibits 1 & 2. Pursuant to states that the deletion of a release from Assessment, Groundwater RI, Surface the 1994 Consent Decree, Resurrection a site from the NPL does not preclude Water RI, Waste Rock RI, and Site-wide Mining Company is responsible for eligibility for future response actions. Screening Feasibility Study. In addition, conducting all appropriate response OU 10 specific studies were also actions at OU 10. IV. Basis for Intended Partial Site conducted, including the Final Deletion Engineering Evaluation/Cost Analysis OU 10 Response Actions The following provides EPA’s for Stream Sediments within Oregon OU 10 (Oregon Gulch) is located rationale for proposing deletion of OU Gulch OU 10, and the Final Focused approximately one-half mile south of 10 from the NPL and EPA’s findings that Feasibility Study for Oregon Gulch. the City of Leadville, Colorado. The the criteria in 40 CFR 300.425(e) are In order to expedite the clean-up of Oregon Gulch Tailing Impoundment satisfied. the Site, EPA agreed, pursuant to the and the flood plain of Oregon Gulch, 1994 Consent Decree, to divide the Site i.e., Lower Oregon Gulch, comprise Background into eleven additional Operable Units. approximately 14.2 and 1.6 acres, The California Gulch Superfund Site With the exception of OU 12, the respectively. Oregon Gulch is a small V- is located in Lake County, Colorado operable units pertain to distinct shaped valley with surface water
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flowing in a northwesterly direction. structures and to reconstruct the from the borrow area previously The gulch extends approximately one floodplain in lower Oregon Gulch. The described in the Removal Action, was mile from its headwaters to the borrow material was analyzed to ensure also used in the Remedial Action. confluence with California Gulch. The that it would be satisfactory for such • Installation of a seep collection tailing impoundment is located use. Analytical results for samples system. • approximately 1⁄2 mile upstream of the collected from the borrow area are Installation of a seep management confluence of Oregon and California available in the aforementioned EE/CA. system consisting of a seep storage tank, gulches. (9) Removal of eroded tailing and pump, float control unit, electric hook- The Oregon Gulch Tailing contaminated sediment was based on up, a drainage basin and pipe, and a Impoundment received tailing from the visual inspection. discharge line to the YAK Tunnel Water Resurrection-Asarco mill in California The removal action successfully Treatment Plant. A heated and insulated Gulch from approximately 1942 through addressed eroded tailing and housing unit was constructed around 1957. The impoundment contains a contaminated sediment in lower Oregon the system. • volume of material estimated at 485,000 Gulch. The goal of this response action was cubic yards. Resurrection completed the Final to prevent infiltration of water into the The studies have shown that due to Focused Feasibility Study for Oregon tailing, prevent erosion of the tailing, erosion of tailing, surface water runoff Gulch, Operable Unit 10, California and to treat the impoundment seep until from the impoundment and a seep at the Gulch Site, June 1997. The purpose of it was gone. toe of the impoundment, the stream the Focused Feasibility Study (FFS) was A final inspection was completed on sediment within lower Oregon Gulch to identify and evaluate remedial September 20, 1999. The remedy was has been contaminated with inorganic alternatives for the Oregon Gulch operating as intended. Operation and metals. Resurrection completed the Tailing Impoundment and maintenance of the Oregon Gulch Final Engineering Evaluation/Cost miscellaneous tailing and contaminated Tailing Impoundment and related Analysis (EE/CA) for Stream Sediments sediment within the 500-year floodplain systems is required to assure that the within Oregon Gulch OU 10, California of Oregon Gulch. The FFS provided a remedy remains effective. This includes Gulch Superfund Site, Leadville, detailed analysis of five remediation inspection of the tailing impoundment Colorado in June 1995. The EE/CA was alternatives. EPA then issued the Record cap and the seep collection and prepared to evaluate and identify a of Decision, Oregon Gulch, Operable pumping systems. The Operation and removal action for miscellaneous Unit 10, California Gulch Superfund Maintenance Plan for the Seep tailings and stream sediment contained Site, Leadville, Colorado on August 7, Collection System, the Seep within the 500-year floodplain of 1997. Management System, the Tailing Oregon Gulch. Pursuant to the August Resurrection commenced the Impoundment Cover and Diversion 1995 Action memorandum, remedial action in 1998 and completed Structures, are described in detail in Resurrection conducted a Non-Time the work in 1999. The major Section 4.0 of the Final Remedial Design Critical Removal Action in 1995 and components of the remedial action for Oregon Gulch, Operable Unit 10, 1996. This removal action was directed included: California Gulch Superfund Site, • at addressing eroded tailing and Reconstruction of Lower California Leadville, Colorado, June 1998. The Gulch and Floodplain. O&M program for this is being contaminated sediment in Lower • Oregon Gulch and involved: Installation of erosion control implemented by Resurrection. (1) Construction of haul roads. structures using straw bales and silt Resurrection commenced this program (2) Installation of erosion control fencing and, after work was complete, in September 1999. removal of all straw bales and silt measures (straw bails, gabion check Cultural Resources dams, and silt fencing). fencing that were no longer needed. • (3) Construction of a sediment control Fluvial tailing excavated from Foothill Engineering Consultants, Inc. pond approximately 500 feet Operable Unit 8 of the California Gulch (FEC) performed a cultural resource downstream of the toe of the tailing Site, (Lower California Gulch) consisted inventory that identified a historic trash impoundment. of a mix of stream sediment, including dump in lower Oregon Gulch. This (4) Excavation of sediment from the cobbles, gravel and fine-grained fluvial dump site, identified as 5LK844, begins Oregon Gulch channel to a depth of 1.5 tailing. Approximately 7,100 cubic near the intersection of the gulch and to 2.5 feet (approximately 4923 cubic yards of this material was transported County Road 6 and extends yards) and placement of the sediment from OU8 to the Oregon Gulch Tailing approximately 500 feet upstream. FEC on top of the tailing impoundment. Impoundment. This work was recommended Site 5LK844 as (5) Construction of a riprap-lined performed from July 27, 1998 to October potentially eligible for nomination to triangular channel, 1-foot deep with 7, 1998. Additional information the National Register of Historic Places. 3H:1V side slopes capable of conveying regarding the OU 8 work is available in The Removal Action and the Remedial the 10-year flood. the Removal Action Work Plan for Action were designed and constructed (6) Construction of a riprap-lined Selected Fluvial Tailing and Stream to avoid any adverse impact to Site trapezoidal channel with a 6-foot Sediment in Operable Unit 8, April 5LK844. bottom width and 3H:1V side slopes 1998. (This work was done pursuant to Community Involvement capable of conveying the 500-year flood Operable Unit 8 and is included here within the Cultural Resource Area. solely because the Oregon Gulch Tailing In May 1995, the public was notified (7) Reconstruction of the flood plain Impoundment served as the repository in the local newspaper that the draft by placing, grading and seeding for the OU8 tailing.) Engineering Evaluation/Cost Analysis amended soil from the borrow area and • Installation of an upgradient (EE/CA) for the Stream Sediments regrading and constructing temporary groundwater interceptor trench. within Oregon Gulch, California Gulch storm water diversion ditches as • Regrading the surface of the Oregon Superfund Site, Leadville, Colorado, needed. Gulch tailing impoundment and dated February 1995 was available for (8) Material from a borrow area was construction and revegetation of the public review and comment. EPA held used to build sediment control tailing impoundment cover. Material a public meeting in Leadville on June
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15, 1995. Comments were submitted initiated in October 2000 for completion Superfund Site which is not proposed and they are attached to the final EE/CA by March 30, 2001. In addition to the for deletion and remains on the NPL. report in a separate Responsiveness five-year reviews, the Consent Decree List of Subjects in 40 CFR Part 300 Summary. An Action Memorandum was establishes an institutional control by issued on August 4, 1995. requiring deed notices that refer back to Environmental protection, air A notice of availability of the the Consent Decree and its associated pollution control, Chemicals, Hazardous Proposed Plan for OU 10 and supporting requirements. Such a deed notice would substances, Hazardous waste, documents was published in the apply to properties owned by Intergovernmental relations, Penalties, Leadville Herald Democrat on March 13, Resurrection, or the Res-Asarco joint Reporting and record keeping 1997. The public comment period was venture, within OU 10. requirements, Superfund, Water held from March 19, 1997 to April 18, EPA, with concurrence from the State pollution control, Water supply. 1997. A Public meeting was held on of Colorado, has determined that all Dated: December 19, 2000. March 19, 1997. No comments were appropriate CERCLA Response actions Jack W. McGraw, received during the public comment have been completed at OU 10 and period. On August 7, 1997, EPA issued Acting Regional Administrator, US EPA protection of human health and the Region 8. a ROD for OU 10 presenting EPA’s environment has been achieved. selected remedy for OU 10 the Therefore EPA is deleting OU 10 of the Part 300, title 40 of chapter 1 of the California Gulch Superfund Site. California Gulch Superfund Site from Code of Federal Regulations is amended as follows: Current Status: the NPL. This action will be effective Based on the successful completion of April 16, 2001. However, if EPA PART 300—[AMENDED] the Removal Action and the Remedial receives dissenting comments by March Action, there are no further response 19, 2001, EPA will publish a document 1. The authority citation for part 300 actions planned or scheduled for this that withdraws this action. continues to read as follows: OU. While EPA does not believe that any Authority: 33 U.S.C 1321(c)(2); 42 U.S.C. Because this decision results in future response actions within Operable 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, hazardous substances remaining on site, Unit 10 will be needed, if future 1991 Comp.; p. 351; E.O. 12580, 52 FR 2923, above health based levels, five-year conditions warrant such action, the 3 CFR, 1987 Comp.; p. 193. reviews of the previous response actions deleted area of Oregon Gulch will Appendix B—[Amended] will be required pursuant to the NCP. remain eligible for future response These reviews will be conducted in actions. Furthermore, this partial 2. Table 1 of Appendix B to part 300 conjunction with site-wide five-year deletion does not alter the status of the is amended by revising the entry under reviews. The next five-year review at the Site-wide Surface and Ground Water Colorado for ‘‘California Gulch’’ to read California Gulch Site is scheduled to be operable unit of the California Gulch as follows:
TABLE 1.—GENERAL SUPERFUND SECTION
State Site name City/County Notes (a)
******* CO ...... California Gulch ...... Lake County ...... P
*******
[FR Doc. 01–3614 Filed 2–14–01; 8:45 am] deletion of the portions of the and the Ohio Environmental Protection BILLING CODE 6560–50–P Department of Energy Mound Agency (OEPA), has issued Records of Superfund Site (Mound Site) known as Decision (RODs) for Release Blocks D Release Block D and Release Block H and H, selecting institutional controls as ENVIRONMENTAL PROTECTION from the National Priorities List (NPL). the final remedy for both areas. The AGENCY EPA requests public comment on this purpose of institutional controls is to action. The NPL constitutes appendix B 40 CFR PART 300 ensure that these properties will be to the National Oil and Hazardous restricted to industrial uses. EPA bases [FRL–6939–5] Substances Pollution Contingency Plan its partial deletion of Release Blocks D (NCP), 40 CFR part 300, which EPA and H on the determination by EPA and National Oil and Hazardous; promulgated pursuant to section 105 of the State of Ohio, through OEPA, that Substances Pollution Contingency the Comprehensive Environmental all appropriate actions under CERCLA Plan; National Priorities List Response, Compensation, and Liability have been implemented to protect Act (CERCLA). AGENCY: Environmental Protection human health and the environment at Agency (EPA). This partial deletion pertains to Release Blocks D and H. ACTION: Direct final partial deletion of Release Block D, a 12-acre parcel of This partial deletion pertains only to property along the eastern border of the Release Block D and Release Block H of Release Blocks D and H. EPA may Mound Site, containing two industrial the Department of Energy (DOE) Mound propose to delete additional portions of buildings. This also pertains to Release Superfund Site from the National the Mound Site in the future. Until then, Priorities List; request for comments. Block H, a 14-acre parcel of property consisting of the Mound plant parking however, all parts of the Mound Site, SUMMARY: The Environmental Protection lot. The Department of Energy (DOE), other than Release Blocks D and H, will Agency (EPA) Region 5 announces the with the concurrence of EPA, Region 5, remain on the NPL.
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