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Federal Register/Vol. 66, No. 99/Tuesday, May 22, 2001/Rules 28106 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. DATES: This ‘‘direct final’’ action will be 1. Yak Tunnel/Water Treatment Plant. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, effective July 23, 2001 unless EPA 2. Malta Gulch Tailing Impoundments 1991 Comp.; p. 351; E.O. 12580, 52 FR 2923, receives significant adverse or critical and Lower Malta Gulch Fluvial Tailing. 3 CFR, 1987 Comp. p. 193. comments by June 21, 2001. If adverse 3. D&RG Slag piles and Railroad Yard/ Appendix B—[Amended] comments are received, EPA will Easement. publish a timely withdrawal of the 4. Upper California Gulch. 2. Table 1 of Appendix B to part 300 direct final rule in the Federal Register 5. Asarco Smelter sites/Slag/Mill is amended under Salem Acres informing the public that the rule will sites. Superfund Site by removing the ‘‘Salem not take effect. 6. Starr Ditch/Stray Horse Gulch/ Acres Superfund Site, Salem, Lower Evans Gulch/Penrose Mine Waste Massachusetts’’. ADDRESSES: Comments may be mailed to Rebecca Thomas, Remedial Project Pile. [FR Doc. 01–12709 Filed 5–21–01; 8:45 am] Manager, Environmental Protection 7. Apache Tailing Impoundments. BILLING CODE 6560–50–P 8. Lower California Gulch. Agency, Region 8, Mail Code 8EPR-SR, 9. Residential and Commercial 999 18th Street, Suite 300, Denver, CO Populated Areas. ENVIRONMENTAL PROTECTION 80202. Telephone: (303) 312–6552. 10. Oregon Gulch. Information Repositories: AGENCY 11. Arkansas River Valley Floodplain. Comprehensive information on the 12. Site-wide Water Quality. 40 CFR Part 300 California Gulch Site is available OUs 2 through 11 were designated in through EPA, Region 8 public docket, [FRL–6947–1] order to facilitate source remediation of which is located at EPA, Region 8, specific geographic areas. OUs 2 National Oil and Hazardous Superfund Records Center and is through 11 pertain to distinct Substances Pollution Contingency available for viewing from 8:00 a.m. to geographical areas corresponding to Plan; National Priorities List 4:30 p.m., Monday through Friday, areas of responsibility for the identified excluding holidays. Requests for responsible parties with EPA taking AGENCY: Environmental Protection documents should be directed to the responsibility for areas where no Agency (EPA). EPA, Region 8, Superfund Records responsible party could be identified, ACTION: Partial direct final deletion of Center. The address for the Region 8 the United States was a responsible the California Gulch Superfund Site Superfund Records Center is: U.S. party, or cash-out settlements had been from the National Priorities List (NPL). Environmental Protection Agency, reached with the responsible parties. Superfund Record Center 999 18th SUMMARY: The Environmental Protection OU 12, which covers the entire Site was Street, 5th Floor, Denver, CO 80202, designated to address Site-wide surface Agency (EPA) Region 8 announces its Telephone (303) 312–6473. deletion of Operable Unit 2 (OU2) of the and groundwater after completion of FOR FURTHER INFORMATION CONTACT: California Gulch Superfund Site (Site) source remediation pursuant to OUs 2 Rebecca Thomas, Remedial Project from the National Priorities List (NPL) through 11. EPA is deleting the areas Manager, Environmental Protection and requests public comment on this addressed by OU 2 because all Agency, Region 8, Mail Code 8EPR-SR, action. The NPL constitutes appendix B appropriate CERCLA response actions 999 18th Street, Suite 300, Denver, CO of 40 CFR part 300, the National Oil and have been completed in these areas as 80202. Telephone: (303) 312–6552. Hazardous Substances Pollution described in Section IV. However, Contingency Plan (NCP), which EPA SUPPLEMENTARY INFORMATION: response activities are not complete for promulgated pursuant to section 105 of Table of Contents the other areas. Therefore, those areas the Comprehensive Environmental I. Introduction will remain on the NPL and are not the Response, Compensation, and Liability II. NPL Deletion Criteria subject of this partial deletion. Act (CERCLA) of 1980, as amended. III. Deletion Procedures The NPL is a list maintained by EPA This partial deletion of the California IV. Basis for Intended Partial Site Deletion of sites that EPA has determined present a significant risk to public health, Gulch Site is in accordance with 40 CFR I. Introduction 300.425(e) and the Notice of Policy welfare, or the environment. Sites on Change: Partial Deletion of Sites Listed The Environmental Protection the NPL may be the subject of remedial on the National Priorities List, 60 FR Agency, Region 8 announces its deletion actions financed by the Hazardous 55466 (Nov. 1, 1995). of a portion of the California Gulch Substance Superfund (Fund). Pursuant This partial deletion pertains to the Superfund Site (Site), located in Lake to 40 CFR 300.4–25(e) of the NCP, any area addressed by OU 2, and includes County, Colorado from the National site or portion of a site deleted from the the Malta Gulch Fluvial Tailing, Priorities List (NPL), which constitutes NPL remains eligible for Fund-financed Leadville Corporation Mill, Malta Gulch appendix B of the National Oil and remedial actions if conditions at the site Tailing Impoundment, and the Malta Hazardous Substances Pollution warrant such action. Tailing Impoundment. EPA has issued a Contingency Plan (NCP), 40 CFR part EPA will accept any dissenting Record of Decision (ROD) for OU 2. EPA 300, and requests comments on this comments on this partial deletion for bases its partial deletion of this area on proposal. This partial deletion pertains thirty days following publication of this the determination by EPA and the State to Operable Unit 2 (OU 2), which document in the Federal Register. of Colorado, through the Colorado consists of the Lower Malta Gulch II. NPL Deletion Criteria Department of Public Health and Fluvial Tailing, Leadville Corporation Environment (CDPHE), that all Mill, Malta Gulch Tailing The NCP establishes the criteria that appropriate actions under CERCLA have Impoundment, and the Malta Tailing EPA uses to delete sites from the NPL. been implemented at these sites. Impoundment. In accordance with 40 CFR 300.425(e), The California Gulch Site has been The Site is divided into 12 Operable sites may be deleted from the NPL divided into 12 operable units. This Units (OUs) pursuant to agreement where no further response is partial deletion pertains only to OU 2 of reached in a 1994 Consent Decree appropriate to protect public health or the Site. Response activities will settlement. The 12 OUs comprising the the environment. In making such a continue at the remaining OUs. California Gulch Site are as follows: determination pursuant to § 300.425(e), VerDate 11<MAY>2000 16:38 May 21, 2001 Jkt 194001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM pfrm08 PsN: 22MYR1 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28107 EPA will consider, in consultation with (4) EPA, Region VIII has made all Assessment for Terrestrial Ecosystems, the State, whether any of the following relevant documents available in the Baseline Aquatic Ecological Risk criteria have been met: Regional Office, Superfund Record Assessment, Groundwater RI, Surface • Section 300.425(e)(1)(i). Center. Water RI, Waste Rock RI, and Site-wide Responsible parties or other persons EPA is requesting only dissenting Screening Feasibility Study. In addition, have implemented all appropriate comments on the Direct Final Action to OU 2 specific studies were conducted, response actions required; or Delete. For deletion of the release from including the Malta Gulch Tailing • Section 300.425(e)(1)(ii). All the Site, EPA’s Regional Office will Engineering Evaluation/Cost Analysis appropriate Fund-financed response accept and evaluate public comments and studies conducted by the Hecla under CERCLA has been implemented, on EPA’s action before making a final Mining Company (Hecla). and no further response action by decision to delete. If necessary, the In order to expedite the clean-up of responsible parties is appropriate; or Agency will prepare a Responsiveness the Site, EPA agreed, pursuant to a 1994 • Section 300.425(e)(1)(iii). The Summary, responding to each Consent Decree settlement, to divide the remedial investigation has shown that significant comment submitted during Site into eleven additional Operable the release poses no significant threat to the public comment period. Deletion of Units. With the exception of OU 12, the public health or the environment and, the Site from the NPL does not itself operable units pertain to distinct therefore, taking of remedial measures is create, alter, or revoke any individual’s geographical areas corresponding to not appropriate. rights or obligations. The NPL is areas of responsibility for the identified Deletion of an operable unit at a site designed primarily for informational responsible parties and/or to distinct from the NPL does not preclude purposes and to assist Agency sources of contamination. EPA has eligibility for subsequent Fund-financed management. As mentioned in section II taken responsibility for operable units actions at the operable unit deleted, it of this document, § 300.425 (e)(3) of the where no responsible party could be future site conditions warrant such NCP states that the deletion of a release identified, the United States was a actions. Section 300.425(e)(3) of the from a site from the NPL does not responsible party, or cash-out NCP provides that Fund-financed preclude eligibility for future response settlements had been reached with the actions may be taken at sites that have actions. responsible parties. Under the been deleted from the NPL. A partial IV. Basis for Partial Site Deletion settlement agreement reached in 1994, OUs 2 through 11 were designated to deletion of a site from the NPL does no The following provides EPA’s deal with areas where the appropriate affect or impede EPA’s ability to rationale for deletion of OU 2 from the responsible party or the United States conduct CERCLA response activities at NPL and EPA’s findings that the criteria would conduct source remediation.
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