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),
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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. The operable units not deleted and in 40 CFR 300.425(e) are satisfied. remaining on the NPL. In addition, settlement agreement recognized that deletion of a portion of a site from the Background additional source remediation or other NPL does not affect the liability of The California Gulch Superfund Site appropriate response actions related to responsible parties or impede agency is located in Lake County, Colorado surface or ground water could occur as efforts to recover costs associated with approximately 100 miles southwest of part of OU 12 anywhere within the 16.5 response efforts. Denver. The California Gulch Superfund square mile of the Site. The OUs are as follows: III. Deletion Procedures Site was listed on the National Priorities List on September 8, 1983. The Site is 1. Yak Tunnel/Water Treatment Plant. Deletion or partial deletion of sites in a highly mineralized area of the 2. Malta Gulch Tailing Impoundments from the NPL does not itself create, Colorado Rocky Mountains covering and Lower Malta Gulch Fluvial Tailing. alter, or revoke any individual’s rights 16 1⁄2 square miles of a watershed that 3. D&RG Slag piles and Railroad Yard/ or obligations. The NPL is designed drains along California Gulch to the Easement. primarily for informational purposes Arkansas River. Mining, mineral 4. Upper California Gulch. and to assist EPA management. The processing, and smelting activities have 5. Asarco Smelter sites/Slag/Mill following procedures were used for the occurred at the Site for more than 130 sites. partial deletion of this site: years. The Site includes the City of 6. Starr Ditch/Stray Horse Gulch/ (1) EPA, Region VIII has Leadville, various parts of the Leadville Lower Evans Gulch/Penrose Mine Waste recommended the partial deletion of the Historic Mining District, and a section Pile. California Gulch Site and has prepared of the Arkansas River from the 7. Apache Tailing Impoundments. the relevant documents. confluence of California Gulch to the 8. Lower California Gulch. (2) The State of Colorado, through the confluence of Lake Fork Creek. 9. Residential and Commercial Colorado Department of Public Health A site-wide Phase I Remedial Populated Areas. and Environment (CDPHE) has Investigation (Phase I RI), which 10. Oregon Gulch. concurred with EPA’s recommendation primarily addressed surface and 11. Arkansas River Valley Floodplain. for a partial deletion. groundwater contamination, was issued 12. Site-wide Surface and Ground (3) Concurrent with this partial in January 1987. As a result of the Phase Water. deletion, a public notice has been I RI, EPA developed the first operable The source areas to be addressed by published in a local newspaper and has unit at the Site, the Yak Tunnel. This OU 2 included the Malta Gulch Tailing been distributed to appropriate Federal, first operable unit was designed to Impoundments, including the Leadville State and local officials, and other address the largest single source of Corporation Mill; the Malta Tailing interested parties. These notices metallic loading. Impoundment, including the Leadville announce a thirty (30) day public The Phase I RI was followed by a Silver & Gold Mill facility; and the comment period on the deletion number of additional site-wide studies, fluvial tailing in the area known as the package, which commences on the date including the Tailing Disposal Area Lower Malta Gulch. Pursuant to of publication of this document in the Remedial Investigation Report, Baseline settlements reached with the Federal Register and a newspaper of Human Health Risk Assessment Part A, responsible parties at each of these record. Part B, and Part C, Ecological Risk properties, EPA is responsible for
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conducting the appropriate response deposited approximately 800,000 tons although ownership of the property actions at these properties. of tailing behind low profile berms. changed hands numerous times. The EPA performed four (4) removal/ These berms appear to have been property was purchased by its current response actions at these sites. In unsuccessful in completely containing owner, Leadville Corporation, in 1968. chronological order, the fluvial tailing the tailing and there appears to have In 1974, the Hecla Mining Company in Lower Malta Gulch were excavated been periodic releases of OCC tailing (Hecla), in conjunction with Day Mines, from the Gulch and placed in a portion into the Lower Malta Gulch. leased the property as a site for disposal of the Malta Gulch Tailing Fluvial Tailing Site #7 covered an of tailing generated from its milling of Impoundment. These materials were area of approximately 26 acres. ores from the Sherman Mine which was graded, capped and revegetated. The Sampling at this site found lead levels a silver mine in a dolomite formation. remainder of the Malta Gulch Tailing ranging from 5.5 to 47,800 parts per The MGTI, in its present configuration, Impoundment was capped in 1992 by million (ppm). The Time Critical was constructed in 1974 by Hecla/Day. Leadville Corporation to control fugitive Removal Action for Lower Malta Gulch Hecla/Day also constructed 3 tailing dust emissions. The material in the Fluvial Tailing was performed in the impoundments (#1, 2, 3), two water Malta Tailing Impoundment (Leadville 1995 and 1996 construction seasons. retention impoundments (#4 and 6) and Silver & Gold) was graded, capped and The materials excavated from Lower a clarification basin (#5). The entire revegetated. And, forty-two drums were Malta Gulch Fluvial Tailing were facility occupies approximately 23 removed from the Leadville Corporation disposed at the Malta Gulch Tailing acres. These milling operations were Mill and appropriately disposed. Impoundment prior to the Non-Time permitted and bonded by the State of On September 30, 1999, after Critical Removal Action which was Colorado’s Division of Minerals & completion of the removal actions, EPA planned for Malta Gulch Tailing Geology, and the permit remains in issued a Record of Decision for OU 2 Impoundment in 1996. effect. Hecla leased the MGTI from presenting EPA’s decision that no During the 1995 construction season, Leadville Corporation until 1987. further CERCLA action, as regards approximately 34,000 cubic yards of During its leasehold, Hecla/Day source remediation, is necessary to contaminated material was removed operated an on-site flotation mill that protect human health and the from Lower Malta Gulch Fluvial Tailing generated approximately 680,000 tons of environment. The OU 2 ROD also and deposited in the Malta Gulch tailing. No cyanide was used in the provided for long-term monitoring of Tailing Impoundment. Four check processing during this time. The the Impoundments, including dams, and a diversion berm between the Leadville Corp. refitted the mill to use monitoring of the present use upper and lower portions of Malta a cyanide leaching process and restrictions to prevent uses Gulch were constructed to manage approximately 50,000 tons of dolomitic incompatible with the response actions surface runoff. Revegetation work in tailing were added to the would be necessary at the Malta Gulch Malta Gulch was performed in 1996. impoundments in 1988. Tailing Impoundment and the Malta The clean-up standard for this Hecla completed an engineering Tailing Impoundment. Monitoring may removal was the industrial/commercial evaluation/cost analysis (EE/CA) for the include minor maintenance. Monitoring clean-up level for California Gulch of MGTI in July, 1993. Sampling at the and any minor maintenance will be 6,700 ppm total lead. Confirmation MGTI showed lead in the range of 800 implemented by the Colorado Mountain sampling demonstrated that the to 57,600 parts per million (ppm). Based College and through funds received by excavation and removal had on the findings of the EE/CA, EPA the United States in a settlement with a successfully lowered lead levels to conducted a non-time critical removal potentially responsible party. In the below the Site residential clean-up level to consolidate, grade, cap, and event that significant maintenance of 3,500 ppm total lead, thus no revegetate the MGTI. Capping work at the MGTI included issues are identified by the Colorado institutional controls are necessary at the completion of the dust control Mountain College, EPA will take this portion of OU 2. Subsequent dolomite gravel caps at Ponds 1, 2, and appropriate action to ensure monitoring in 1997 and 1998 have 3 that was initiated by Leadville protectiveness of the remedy. In verified that the revegetation was Corporation in 1991. EPA work at the addition, five-year reviews are also successful and no long term monitoring MGTI was performed in two field necessary for these sites. is required. construction seasons. Clean-up OU 2 Response Actions Malta Gulch Tailing Impoundments activities commenced on October 5, The Malta Gulch Tailing 1995 and were completed on October Lower Malta Gulch Impoundment (MGTI) is located at the 15, 1996. Borrow material was obtained The fluvial tailings in Lower Malta upper end of Malta Gulch about two from the Leadville Corporation borrow Gulch, also identified as Fluvial Tailing miles west of the City of Leadville. The pit immediate north of the #7 in the Tailing Disposal Area Stringtown portion of the Leadville impoundments across County Road 3. Remedial Investigation Report, lie Mining Area District, which includes Borrow material is comprised of non- directly downstream of the Malta Gulch the Malta Gulch Tailing Impoundments mineralized glacial moraine deposits. Tailing Impoundments. Malta Gulch (MGTI), was developed between 1879 This helped assure that cap materials runs in a southwesterly direction for and 1882 as a large group of placer had lead levels below the 6,700 mg/kg about three miles where it joins claims. total lead (the commercial/industrial California Gulch. As explained above, it appears that soil lead action level for this property). The fluvial tailing in Lower Malta the earliest use of this area for tailing Borrow was placed at a depth of 6–12 Gulch originated from the milling disposal was from the fall of 1943 inches. Prior to capping, 30,000 cubic operations conducted by the Ore & through August 1946 by the OCC. The yards of metals-contaminated fluvial Chemical Company (OCC) from the fall OCC tailing berms became the pre- tailings from Lower Malta Gulch were of 1943 through August 1946. OCC had cursors to the current basins known as also transported and placed in the MGTI constructed a large tonnage sink-float Impoundments #1 and #2. From the Pond 3. These materials were capped, mill near the site of the present day period of 1945 to 1973, there was no graded, and revegetated. Other elements Leadville Corporation Mill. OCC activity at this portion of the Site of the MGTI clean-up included: The
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construction of a rip-rap geotextile pyritic material presented a risk to institutional controls are necessary for spillway to control runoff, the human health and the environment, this portion of OU 2. stabilization of a section of retainment since they are a source of acid mine Community Involvement berm, the reestablishment of the local drainage. drainage and fencing, and soil hot spot In the fall of 1996, EPA conducted a At Leadville, Colorado, the public removals and revegetation of areas removal action to consolidate the acid- interest in the clean up of this around the mill building. generating materials, neutralize the Superfund Site has been intensive; In order to ensure continued acidic leachate, and grade, cap, and many public meetings have been held. protectiveness of the remedy, long-term revegetate the MTI. In addition, the Numerous Fact Sheets have been monitoring will be conducted in piles of pyrite concentrate, and drums released to the public. On August 2, accordance with the Monitoring Plan to were removed during the 1996 1993, the public was notified in the assure that the cover material and construction season, for use as a local newspaper that the Final vegetation remain effective. In addition, product. Engineering Evaluation/Cost Analysis present zoning of the MGTI is Industrial Confirmation samples showed the (EE/CA), Malta Gulch Tailing, Leadville, Mining which will not allow uses revegetated soil surface of the Colorado, dated July 29, 1993 was inconsistent with the remedy. Periodic impoundment to be below the 6,700 available for review and comment. EPA monitoring and review is necessary to ppm total lead commercial/industrial held a public meeting in Leadville on verify that zoning of the MGTI has not Site standard. August 12, 1993. The comment period been changed to allow uses inconsistent In order to ensure continued continued through September 1, 1993. with the remedy, and that groundwater protectiveness of the remedy, long-term EPA responded to all comments on the is not being used as a source of drinking monitoring will be required to assure EE/CA in a Responsiveness Summary water. Monitoring is also necessary to that the cover material and vegetation which was prepared in September 1993 periodically review the status of this remain effective. In addition, present prior to the issuance of the Action DMG permit. Site closure and zoning of the MTI is Industrial Mining Memorandum on September 10, 1993. reclamation will be completed in which will not allow uses inconsistent The notice of availability of the accordance with the DMG permit with the remedy. Periodic monitoring Proposed Plan and supporting requirements. The long-term monitoring and review is necessary to verify that documents was published in the program for the MGTI will be zoning of the MTI has not been changed Leadville Herald Democrat on March 13, implemented by the Colorado Mountain to allow uses inconsistent with the 1997. The public comment period was College. This program will commence remedy, and that groundwater is not held from March 19, 1997 to April 18, upon finalization of the work plan used as a source for drinking water. 1997. A Public meeting was held on submitted in August 2000. Monitoring may include minor March 19, 1997. Responses to all maintenance. Monitoring and any minor comments received during the public Malta Tailing Impoundment maintenance will be implemented by comment period are included in the The Malta Tailing Impoundment the Colorado Mountain College. In the Responsiveness Summary attached to (MTI), owned by Leadville Silver & event that significant maintenance the ROD for OU 2. On September 30, Gold, Inc., is located 1.5 miles west of issues are identified by the Colorado 1999, EPA issued a final ROD for OU 2. Leadville, 0.8 miles north of Stringtown Mountain College, EPA will take As described above, the ROD called and 0.6 miles north of California Gulch. appropriate action to ensure only for ongoing monitoring of active Leadville Silver & Gold, Inc. constructed protectiveness of the remedy. This response actions and use restrictions. a mill to recover pyritic materials from program commenced in July 2000. EPA’s decision is based on information various tailing and waste materials from Leadville Corporation Mill, Drum contained in the final Administrative nearby properties which had been Removal Record for OU 2. The final obtained under leasehold arrangements. Administrative Record is available at This pyritic materials recovery process The Leadville Corporation mill is the California Gulch Site information operated from 1983 through 1988. located at the southern boundary of the repository and the EPA Region 8, Approximately 2,000 tons of pyrite MGTI. In 1997, officials of the State’s Superfund Records Center. were shipped to various off-site smelters Division of Minerals & Geology for use as a flux. As a result of this conducted a mine permit inspection and Current Status operation, approximately 10,000 cubic discovered that 42 drums, in one of the Based on the successful completion of yards of tailing were disposed of at the buildings at the Leadville Corporation the above described removal actions and Malta Tailing Impoundment. mill, were corroding and beginning to implementation of the long-term The Malta Tailing Impoundment leak. Since Leadville Corporation did monitoring program for the MGTI and consists of three small impoundments not have the resources to dispose of the MTI, there are no further response surrounded by berms, and occupies 4.6 drums, the State requested EPA’s actions planned or scheduled for OU 2. acres of nearly flat land at the top of a Emergency Response Team to dispose of Because this decision results in ridge. The total volume of tailing is them. Thirty-six 55 gallon drums and hazardous substances remaining on site, estimated to be slightly in excess of six 5 gallon drums were involved. The above health-based levels, monitoring of 10,000 cubic yards. drums contained hazardous substances the previous response actions will be Areas within the immediate vicinity which represented a threat to human required. This monitoring will be of the tailing impoundments were health and the environment. The drums conducted in addition to site-wide five- littered with scrap metal, concrete slabs, contained acids, bases and flammable year reviews. The next five-year review and other mining/processing material. liquids. at the California Gulch Site is scheduled There was also a stockpile of mine EPA conducted an emergency to be initiated in October 2000 for waste, including drums of product, removal action in 1998 to address the completion in 2001. nearby. threats posed by these drums. The While EPA does not believe that any Sampling of the tailing showed lead drums were over packed and sent off- future response action in the Malta concentrations ranging from 3,850 mg/ site for appropriate disposal. This was a Gulch area will be needed, if future Kg to 7,250 mg/Kg. The tailing and complete removal so no monitoring or conditions warrant such action, the
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deletion areas of the California Gulch DEPARTMENT OF HEALTH AND ADDRESSES: Mail written comments (one Superfund Site remain eligible for HUMAN SERVICES original and three copies) to the future Fund-financed response actions. following address ONLY: Health Care Furthermore, this partial deletion does Health Care Financing Administration Financing Administration, Department not alter the status of the other OUs of of Health and Human Services, the Site which are not being deleted and 42 CFR Parts 441 and 483 Attention: HCFA–2065–IFC2, P.O. Box remain on the NPL. EPA, with [HCFA–2065–IFC2] 8010, Baltimore, MD 21244–8010. concurrence from the State of Colorado, If you prefer, you may deliver your has determined that all appropriate RIN 0938–AJ96 written comments (one original and three copies) by courier to one of the CERCLA response actions have been Medicaid Program; Use of Restraint completed at OU 2 and protection of following addresses: Room 443–G, and Seclusion in Psychiatric Hubert H. Humphrey Building, 200 human health and the environment has Residential Treatment Facilities been achieved in this area. Therefore, Independence Avenue, SW., Providing Inpatient Psychiatric Washington, DC 20201, or C5–15–03, EPA is deleting the Malta Gulch area of Services to Individuals Under Age 21 the California Gulch Superfund Site Central Building, 7500 Security from the NPL. This action will be AGENCY: Health Care Financing Boulevard, Baltimore, MD 21244–1850. effective July 23, 2001. However, if EPA Administration (HCFA), HHS. Comments mailed to those addresses receives dissenting comments by June ACTION: Interim final rule; amendment may be delayed and could be 21, 2001, EPA will publish a document and clarification with request for considered late. that withdraws this action. comment. Because of staffing and resource limitations, we cannot accept comments List of Subjects in 40 CFR Part 300 SUMMARY: On January 22, 2001, we by facsimile (FAX) transmission. In published an interim final rule with commenting, please refer to file code Environmental protection, Air comment period (66 FR 7148) that HCFA–2065–IFC2. pollution control, Chemicals, Hazardous established a definition of a ‘‘psychiatric Comments received timely will be substances, Hazardous waste, residential treatment facility’’ that is not available for public inspection as they Intergovernmental relations, Penalties, a hospital and that may furnish covered are received, generally beginning Reporting and recordkeeping Medicaid inpatient psychiatric services approximately 3 weeks after publication requirements, Superfund, Water for individuals under age 21. The of a document, in Room 443–G of the pollution control, Water supply. interim final rule established standards Department’s offices at 200 Dated: February 12, 2001. for the use of restraints or seclusion that Independence Avenue, SW., Jack W. McGraw, psychiatric residential treatment Washington, DC, on Monday through facilities must have in place to protect Friday of each week from 8:30 a.m. to Acting Regional Administrator, Region 8. the health and safety of residents. 5 p.m. (Phone (202) 690–7890). Part 300, Title 40 of Chapter 1 of the In response to some of the concerns For comments that relate to Code of Federal Regulations is amended submitted in comments on that interim information collection requirements, as follows: rule, this document clarifies what mail a copy of comments to: Health Care facilities are subject to the requirements Financing Administration, Office of PART 300—[AMENDED] of the interim final rule, modifies Information Services, Security and reporting requirements to facilitate Standards Group, Division of HCFA 1. The authority citation for part 300 HCFA monitoring, and amends staffing Enterprise Standards, Room N2–14–26, continues to read as follows: requirements applicable to restraints 7500 Security Boulevard, Baltimore, MD 21244–1850, Attn: Julie Brown, HCFA– Authority: 42 U.S.C. 9601–9657; 33 U.S.C. and seclusion. 2065–IFC. 1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, Due to the operational significance of 1991 Comp.; p. 351, E.O. 12580, 52 FR 2923, these issues, amendment to the interim FOR FURTHER INFORMATION CONTACT: 3 CFR 1987 Comp., p. 193. final rule is required by the May 22, Mary Kay Mullen, (410) 786–5480. [Amended] 2001 effective date of the interim final SUPPLEMENTARY INFORMATION: rule. Without such amendments, we are 2. Table 1 of appendix B to part 300 concerned that substantial numbers of I. Background is amended by revising the entry for facilities would not be able to comply On January 22, 2001, we published an ‘‘California Gulch’’ so that it reads as with certain requirements of our interim interim final rule with comment period follows: final rule, and that beneficiaries will (66 FR 7148) that defined a ‘‘psychiatric suffer needless displacement from those residential treatment facility’’ that is not TABLE 1.—GENERAL SUPERFUND facilities. We are also concerned that a hospital and that may furnish covered HCFA will not be able to timely obtain SECTION Medicaid inpatient psychiatric services data necessary to monitor for situations for individuals under age 21. The State Site name City/County Notes involving jeopardy to program interim final rule established standards beneficiaries. We will accept comments for the use of restraints or seclusion in ****on these amendments, and will address psychiatric residential treatment all comments on the interim final rule facilities to protect the health and safety CO California Leadville ..... P and these amendments at a later date. of residents. Gulch. DATES: Effective date: May 22, 2001. Section 3207 of the Children’s Health ****Comment date: Comments concerning Act of 2000 (Pub. L. 106–310) requires these amendments to the interim final that health care facilities receiving rule will be considered if we receive support in any form from any program P = Sites with partial deletion(s). them at the appropriate address, as supported in whole or part with funds [FR Doc. 01–12710 Filed 5–21–01; 8:45 am] provided below, no later than 5 p.m. on appropriated to any Federal department BILLING CODE 6560–50–P July 23, 2001. or agency shall protect and promote the
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