[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30027-30034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12763]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9310-8]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final Notice of Partial Deletion of the remaining 
portions of Operable Unit 9 (OU9), the Residential Populated Areas, of 
the California Gulch Superfund Site (Site), located in Lake County, 
Colorado, from the National Priorities List (NPL). The NPL, promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability

[[Page 30028]]

Act (CERCLA) of 1980, as amended, is an appendix of the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP). This direct 
final partial deletion is being published by EPA with the concurrence 
of the State of Colorado, through the Colorado Department of Public 
Health and Environment (CDPHE) because EPA has determined that all 
appropriate response actions at these identified parcels under CERCLA, 
other than operation, maintenance, and five-year reviews, have been 
completed. However, this partial deletion does not preclude future 
actions under Superfund.
    This partial deletion pertains to the remaining portions of OU9, 
the Residential Populated Areas. Subunits A and B, residential waste 
rock piles, and the parks and playgrounds within Operable Unit 9 were 
partially deleted from the NPL on January 30, 2002. In addition, OU2, 
OU8, and OU10 have been partially deleted from the NPL. The Yak Tunnel 
(OU1), D&RGW Slag Piles and Easement (OU3), Upper California Gulch 
(OU4), ASARCO Smelter/Colorado Zinc-Lead Mill Site (OU5), Stray Horse 
Gulch (OU6), Apache Tailing (OU7), Arkansas River Floodplain (OU11), 
and Site-wide Surface and Groundwater Quality (OU12) will remain on the 
NPL and are not being considered for deletion as part of this action.

DATES: This direct final partial deletion is effective July 25, 2011 
unless EPA receives adverse comments by June 23, 2011. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: Linda Kiefer, kiefer.linda@epa.gov
     Fax: (303) 312-7151.
     Mail: Linda Kiefer, Remedial Project Manager, 
Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595 
Wynkoop Street, Denver, CO 80202-1129.
     Hand delivery: Environmental Protection Agency, Region 8, 
Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

Docket

    All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:

U.S. EPA Region 8, Superfund Records Center, 1595 Wynkoop Street, 
Denver, CO 80202. (303) 312-6473 or toll free (800) 227-8917; Viewing 
hours: 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.

 and

Lake County Public Library, 1115 Harrison Avenue, Leadville, CO 80461, 
(719) 486-0569

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6689 e-mail: 
kiefer.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action

I. Introduction

    EPA Region 8 is publishing this direct final Notice of Partial 
Deletion for the remaining portions of Operable Unit 9 (OU9), 
Residential Populated Areas, of the California Gulch Superfund Site 
(Site), from the National Priorities List (NPL). The NPL constitutes 
Appendix B of 40 CFR part 300, of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to Section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA 
maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). This partial deletion of the Site 
is proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective July 25, 2011 unless EPA 
receives adverse comments by June 23, 2011. Along with this direct 
final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion and the comments

[[Page 30029]]

already received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the remaining portion of OU9, 
Residential Populated Areas, of the California Gulch Superfund Site and 
demonstrates how it meets the deletion criteria. Section V discusses 
EPA's action to partially delete the Site parcels from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Partial Deletion Procedures

    The following procedures apply to the deletion of the remaining 
portions of OU9 of the Site:
    (1) EPA has consulted with the State of Colorado prior to 
developing this direct final Notice of Partial Deletion and the Notice 
of Intent for Partial Deletion co-published in the ``Proposed Rules'' 
section of the Federal Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today, and the State, through the Colorado Department 
of Public Health and Environment, has concurred on the partial deletion 
of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Partial Deletion, a notice of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, the Leadville Herald Democrat. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
Deletion before its effective date and will prepare a response to 
comments and continue with the deletion process on the basis of the 
Notice of Intent for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for further 
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
remaining portion of OU9, Residential Populated Areas of the California 
Gulch Superfund Site from the NPL.

Site Background and History

    The California Gulch Superfund Site (Site), EPA ID No. 
COD980717938, is located in Lake County, Colorado approximately 100 
miles southwest of Denver. The Site was proposed for inclusion on the 
National Priorities List, December 30, 1982, 47 FR 58476, and listed on 
September 8, 1983, 48 FR 40,658. The Site is in a highly mineralized 
area of the Colorado Rocky Mountains covering approximately 18 square 
miles of a watershed that drains along California Gulch to the Arkansas 
River. The Site includes the City of Leadville, various parts of the 
Leadville Historic Mining District, Stringtown, and a section of the 
Arkansas River from the confluence of California Gulch to the 
confluence of Two-Bit Gulch. Being a Rocky Mountain community, the City 
of Leadville (population 2,801) has a high percentage of second homes. 
Commercial, residential, and industrial properties and vacant lots are 
mixed in together. Mining, mineral processing, and smelting activities 
have occurred at the Site for more than 130 years. Mining in the 
district began in 1860, when placer gold was discovered in California 
Gulch. As the placer deposits were exhausted, underground workings 
became the principal method for removing gold, silver, lead and zinc 
ore. As these mines were developed, waste rock was excavated along with 
the ore and placed near the mine entrances. Ore was crushed and 
separated into metallic concentrates at mills, with mill tailing 
generally slurried into tailing impoundments. The Leadville area was 
the site of extensive gold, silver, lead and zinc mining, milling and 
smelting operations. Most of the facilities ceased operations around 
1900, although several facilities continued operations into the 1920s 
(Western Zinc) and the 1960s (AV Smelter).
    All of the mines within the Site boundaries are presently inactive, 
and all of the mills and smelters have been demolished. As a result of 
these operations, the Site contains mill tailing (the fine-grained 
residue remaining after milling and separation has removed the metal 
concentrates form the ore) impoundments, fluvial deposits, slag piles, 
mine waste rock piles (mine development rock and low grade ore removed 
to gain access to an ore body, and often deposited near adits and shaft 
openings), and mine water drainage tunnel which have further 
distributed heavy metals throughout the area. In addition, smelters, 
which previously operated at the Site, have historically been a source 
of heavy metals from dust and stack emissions.
    The Site was placed on the NPL due to concerns regarding the impact 
of acidic and metals laden mine drainage on surface waters leading to 
California Gulch and the impact of heavy metals loading into the 
Arkansas River. A Site-wide Phase I Remedial Investigation

[[Page 30030]]

(Phase I RI), which primarily addressed surface and groundwater 
contamination, was issued in January 1987. As a result of the Phase I 
RI, EPA identified the first operable unit, the Yak Tunnel, to address 
the largest single source of metallic loading. A number of additional 
Site-wide studies followed the Phase I RI.
    EPA agreed, pursuant to a May 2, 1994 Consent Decree (1994 CD), to 
divide the Site into 12 operable units (OUs). With the exception of 
OU12, the operable units pertain to distinct geographical areas 
corresponding to areas of responsibility for the identified responsible 
parties and/or to distinct sources of contamination. The OUs are as 
follows:

1. Yak Tunnel/Water Treatment Plant
2. Malta Gulch Tailing Impoundments and Lower Malta Gulch Fluvial 
Tailing
3. D&RGW Slag Piles and Easement
4. Upper California Gulch
5. ASARCO Smelter Sites/Slag/Mill Sites
6. Starr Ditch/Stray Horse Gulch/Lower Evans Gulch/Penrose Mine Waste 
Pile
7. Apache Tailing Impoundments
8. Lower California Gulch
9. Residential Populated Areas
10. Oregon Gulch
11. Arkansas River Valley Floodplain
12. Site-wide Surface and Groundwater

    To date, OU2; OU8; OU10; and parts of OU9--Subunits A and B, 
residential mine waste rock piles, and the parks and playgrounds--have 
been partially deleted from the NPL.

OU9 Background and History

    The soils in OU9 have been highly disturbed by human activities. 
The yards of most residences have grass cover over either native soil 
or imported fill. The sources of fill materials have included areas 
outside the Site and waste rock and tailing from California and Stray 
Horse Gulch. Even though mining operations are no longer active at the 
Site, waste products and other residues from past mining and smelting 
activities are present in OU9--some as visible features. Additionally, 
smelter emissions and slag may have contaminated some residential 
soils.
    OU9 includes residential area soils in those portions of the Site 
where the land use is residential or that were zoned as residential/
populated areas and as low-density residential areas on or before 
September 2, 1999. A map of OU9, named OU9 Partial Deletion--
Residential Areas, can be found in the docket at http://www.regulations.gov under California Gulch. Residential area soils are 
defined as soils in the residential area of the Site (see Attachment A 
of the 1994 CD) which may have been impacted by past smelting and 
mining activities. This encompasses the City of Leadville, Stringtown, 
and outlying areas zoned for residential use. Included are residential 
properties, yards, parks, vacant lots, schools yards, playgrounds, and 
community use areas, including unpaved streets and alleys. Additionally 
OU9 includes 38 mine waste piles located within the populated areas of 
eastern Leadville. For ease in determining compliance with blood 
monitoring performance standards, OU9 was geographically divided into 
statistical subunits A through G.
    Subunits A and B (the shaded area of OU9 on the map in the docket), 
38 residential waste rock piles, and the parks and playgrounds within 
OU 9 were partially deleted from the NPL on January 30, 2002.
    The remaining portion of OU9 (shown in yellow on the map in the 
docket) are the subject of this deletion. EPA is the lead agency for 
OU9; Colorado Department of Public Health and Environment (CDPHE) is 
the support agency. Under the 1994 CD, ASARCO assumed responsibility 
for OU9.

Remedial Investigations and Feasibility Study (RI/FS)

Remedial Investigations
    The State of Colorado, EPA and certain Potentially Responsible 
Parties have conducted various studies and investigations to evaluate 
the nature and extent of contamination within the Site. In 1991, 
Remedial Investigations (RIs) began for several areas within the Site, 
including mine waste rock piles, tailing disposal areas, surface water 
and aquatics, groundwater, smelter sites, residential/populated area 
soils, slag piles, and terrestrial studies. These studies have 
determined lead in soils to be the primary contaminant of concern in 
OU9.
Interim Response--The Kids First Program
    ASARCO and many community members argued that there are numerous 
environmental sources of lead in the residential areas of Leadville. 
One primary source was mining-related primary sources such tailing and 
mine waste piles. Other primary sources include lead-containing paint 
on interior and exterior surfaces of homes and lead found in food, 
water, and residential soils. As recommended by ASARCO and the 
community, the interim response was designed to reduce overall lead-
related risk to children in Leadville, including responses that address 
sources that would not normally be remediated under CERCLA authorities. 
As part of the 1994 CD with EPA and the State, ASARCO agreed to 
undertake actions to address all sources of lead in lieu of soil 
removal only at each residence. To determine the effectiveness of the 
actions, the level of lead in children's blood was voluntarily 
monitored and performance standards in relation to concentrations of 
lead in the blood of children were established.
    In 1995, ASARCO began implementing the Lead Risk Reduction Program 
(LRRP), more commonly known as the Kids First Program (KF). ASARCO 
agreed to operate KF as an interim response action until EPA selected a 
remedy for OU9.
    The purpose of KF, a risk reduction response program based on 
voluntary participation, was to: (1) Provide information to the 
community, and (2) reduce children's exposure to secondary sources of 
lead. KF consisted of a variety of services and remedial response 
activities designed to: (1) Gather information from the community, (2) 
identify residences for which response actions are needed, (3) plan and 
prioritize the risk reduction responses for these residences, (4) 
perform the risk reduction responses, and (5) provide additional 
information and services to the community.
    Initially KF targeted residences where sample soil lead levels were 
found above 3,500 mg/kg because EPA established an interim response 
level of 3,500 mg/kg lead for Leadville residential soils. The basis 
for this value is presented in the 1994 CD, along with a discussion of 
trigger criteria for other significant environmental media (dust, paint 
and water). These trigger criteria were used by the KF work group to 
identify and prioritize locations for response actions.
    Residences with children that had blood-lead levels greater than 10 
[mu]g/dl, measured during the 1991 Blood-Lead Study or any subsequent 
blood-lead monitoring, were targeted for priority response in the 
program.
    Information used in the evaluation of residences and the selection 
of appropriate response actions (if needed) came from a variety of 
sources. Response programs included within KF were:
     The blood-lead monitoring program by Lake County Health 
Department;
     A lead information hotline and a door-to-door survey 
within priority exposure areas; and

[[Page 30031]]

     Additional environmental sampling and property assessment.
    The Lake County Health Department managed the voluntary blood-lead 
monitoring program, which was funded by ASARCO. The blood-lead 
monitoring program was a key component of the interim response program. 
Ongoing blood-lead monitoring was provided upon request for children 
below the age of 72 months (6 years) and for pregnant/nursing women. 
The data were used as one means of identifying individuals who had 
blood-lead levels greater than 10 [mu]g/dl. The data were also used in 
the finalization of the Baseline Risk Assessment.
    All homeowners or residents who responded via the hotline/office or 
door-to-door surveys received information about the program. The 
Information Hotline and the door-to-door surveys resulted in the need 
for additional environmental sampling of soils, paint, dust, water, and 
blood-lead levels. Environmental sampling was conducted if the 
residence: (1) Was located in the 3,500 mg/kg lead soils priority area, 
(2) had a child with a blood-lead level greater than 10 [mu]g/dl, (3) 
had a pregnant or nursing woman in the home, (4) was known to have 
paint in poor condition or known to have another possible lead source 
(lead pipes, certain hobbies, etc.), or (5) was requested by a resident 
who is not within the designated priority risk area.
    The first year remediations were performed at 37 properties in 
accordance with Action Memoranda prepared for each property. The KF 
work group developed and approved all action and no-action 
determinations. The property owners consented on all investigations and 
remediations.
    KF integrated a variety of lead toxicity intervention and abatement 
methods. Additionally, KF addressed reducing children's exposure to 
lead in soils, dust-containing lead in residences, and additional lead 
sources such as paint and tap water. For these reasons, KF was 
presented as an alternative in the feasibility study when it was 
revised and renamed the Lake County Community Health Program (LCCHP).
Risk Assessments
    Concurrent with the interim response, numerous risk assessments 
were conducted as part of the investigation. They included Baseline 
Human Health Risk Assessments (BRAs): Part A (Weston 1996), Part B 
(Weston 1996), and Part C (Weston 1995); Ecological Risk Assessment for 
Terrestrial Ecosystems (Weston 1997); Surface Water Human Health Risk 
Assessment (Golder 1996); Groundwater Baseline Human Health Rick 
Assessment (Golder, June 1996) and Baseline Aquatic Ecological Risk 
Assessment (Weston 1995).
    The Baseline Human Health Risk Assessments (BRAs) concluded that 
lead was the only contaminant of concern (COC) for OU9. There are no 
locations on-Site where antimony, barium, cadmium, beryllium, chromium, 
copper, mercury, nickel, silver, thallium, or zinc are of significant 
concern in residential soil. The risk assessment also concluded that 
non-lead metals (including arsenic and manganese) in residential soils 
do not pose a significant health risk to residents.
    The risk assessment for lead was supported by a large body of Site-
specific data. Included were: (1) Extensive measurements of lead in 
soil and dust in residential locations, (2) an extensive demographics 
survey, data on lead levels in water and paint (both interior and 
exterior), (3) data on the physical and chemical forms of lead at 
various locations around the community, and (4) an informative 
community-wide blood-lead study involving 314 children (about 65% of 
the total population of children at the Site). This data was used to 
support two parallel lines of investigation and assessment. The first 
of these employed EPA's Integrated Exposure Uptake and Biokinetic 
(IEUBK) model to calculate the expected impact of lead levels in soil 
and dust on blood-lead levels in area children. The second approach 
compared the measured blood-lead values in area children with relevant 
national blood-lead statistics in order to help evaluate the current 
effects of actual Site exposure to lead.
    Several ecological risk assessments were performed on a site-wide 
basis for the California Gulch Site. These are available in the docket 
or on the EPA Web site, http://www.epa.gov/region8/superfund/co/calgulch/. These assessments showed a potential unacceptable risk to 
small mammals and breeding birds. However, given the data available, 
there was little evidence of population-level effects on small mammals 
or breeding birds. In addition, calculated ecological risk due to 
potential exposure to tailing or waste rock media found in other 
operable units was higher than risks resulting from potential exposure 
to surrounding soils found in OU9.
Feasibility Study (FS)
    The Final Residential Soil Feasibility Study, completed by Golder 
Associates in November of 1998, evaluated seven remedial alternatives 
to address the residential soils of properties, yards and open space 
areas within OU9 where lead levels exceeded the trigger level of 3,500 
mg/kg.
    One alternative in the FS was the LCCHP, a revised version of the 
KF used during the interim response. The LCCHP combined blood-lead 
monitoring, education, community awareness, and residence specific 
response actions reduced the potential for children to be exposed to 
lead in Leadville and surrounding areas. This program addressed lead in 
soil and dust, interior and exterior paint, plumbing fixtures, and 
dietary and household sources. It also included institutional controls 
to ensure effectiveness of the LCCHP. Operation and maintenance 
activities included LCCHP administration and the blood-lead monitoring 
program.

Selected Remedy

    Signed on September 2, 1999, the OU9 Record of Decision (1999 ROD) 
selected a remedy for addressing lead in soils in residential 
population areas. The selected remedy was the LCCHP with institutional 
controls (ICs) to ensure the effectiveness of the LCCHP. In September 
2009, an Explanation of Significant Differences required ICs for the 17 
mine waste piles remaining in OU9.
    The Remedial Action Objectives (RAO) from the 1999 ROD are:
     RAO-1: No more than 5% of children age 0-72 months 
residing within OU9, either now or in the future, should have blood-
lead values exceeding 10 [mu]g/dl.
     RAO-2: No more than 1% of children age 0-72 months 
residing within OU9, either now or in the future, should have blood-
lead values exceeding 15 [mu]g/dl.
     RAO-3: Reduce direct exposure of lead incurred by children 
which result in optimal risk reduction through effective use of 
resources.
LCCHP
    The LCCHP combined (1) Community awareness and education, (2) 
residence-specific response actions to reduce the risk of lead exposure 
to children in Leadville and (3) blood-lead monitoring. Funding for the 
LCCHP was from a trust fund established by ASARCO under the 1994 CD.
LCCHP Community Awareness and Education
    The LCCHP involved an extensive education and intervention program 
to manage lead exposure at the Site. The educational program focused on 
raising public awareness about risks from lead

[[Page 30032]]

and encouraged participation in the LCCHP. Outreach included the 
hotline, door-to-door contacts, public notices, mailings, publications, 
meetings and incentives. Education included individual face-to-face 
consultations with residents and customized recommendations for 
specific actions that reduced the residents' risk to lead exposure. The 
recommendations made to each resident were based on the results of 
environmental lead sampling at their homes and specific information 
collected by the program about their daily habits and activities. 
Follow-up education, consultation, and intervention continued with 
families that had young children by the Lake County Health Department 
through their blood-lead monitoring program; Women, Infants, and 
Children (WIC); and Head Start.
LCCHP Residence-Specific Actions
    Through this program, Leadville residents were able to request an 
investigation of lead levels in soil, dust, paint, and water on their 
property. Properties owners could also request a re-investigation if 
conditions changed. The LCCHP investigated and remediated lead 
concentrations in soil, paint, dust, and water on a property-by-
property basis. Sampling plans were designed for each individual 
investigated property. Action was taken when trigger levels were 
exceeded. All investigations and remediations were performed with the 
consent of the property owners. Owner contact and consent, sampling 
plans, analytical data, remediation activities and final closeout 
procedures were extensively documented. Property Documentation Reports 
(completion reports) were sent to property owners and are kept on file 
at EPA.
LCCHP Blood-Lead Monitoring
    The LCCHP also included voluntary blood-lead monitoring (with 
financial incentives, as appropriate) for all children six years old 
and under, and pregnant or nursing women. As part of the program, 
appropriate actions were taken when the concentration of lead in blood 
of a child or a pregnant or nursing woman exceeded the blood-lead 
criterion, or when the concentration of lead exceeded a specified set 
of trigger criteria for one or more of the environmental media at a 
residence.
LCCHP Trigger Levels
    These trigger criteria are summarized below:

 Blood-lead greater than or equal to 10 [mu]g/dL;
 Soil with lead concentrations greater than or equal to 3,500 
mg/Kg;
 Dust in houses with lead concentrations greater than or equal 
to 2,000 ppm;
 Tap water with lead concentrations greater than or equal to 15 
[mu]g/l; and
 Interior or exterior paint, in poor condition, with the 
following lead levels:
     Greater than or equal to 1 mg/cm\2\ triggers educational 
action, and
     Greater than or equal to 6 mg/cm\2\ triggers active 
remediation

    When one or more of the trigger criteria were exceeded, a work 
group evaluated a range of different response actions. The most 
appropriate response action was determined by evaluating the nature and 
extent of the exceedance, overall protectiveness of the action, 
compliance with applicable or relevant and appropriate requirements, 
long-term effectiveness and permanence, short-term effectiveness, 
implementability, cost effectiveness, and community impacts. The work 
group also considered the views of the property owner, and only 
implemented response actions when property owners provided permission. 
Extensive education and intervention programs to manage lead exposure 
at the Site were an integral component of each action considered.
Scientific Review of LCCHP
    Since the LCCHP was considered a ``pilot project'' that involved a 
number of innovative approaches, the program was (1) evaluated by a 
group of outside scientists and (2) included ongoing review to ensure 
that the program was operating as intended and that human health was 
being adequately protected. The ongoing review included the 
establishment of performance standards which when met would indicate 
the successful completion of the LCCHP and the beginning of operation 
and maintenance.
Performance Standards
    The 1999 ROD provided that performance standards would be 
established during the remedial design phase. These performance 
standards were necessary to determine if the blood-lead monitoring 
program met the RAOs. The performance standards were set out in a July 
2002 addendum to the OU9 remedial design and are summarized in the 
Final Methods and Standards for Evaluating the Performance of the 
LCCHP.
    As documented in annual reports beginning in 2002, the data 
collected was analyzed, and the results were compared to the 
performance standards, expressed as goals for blood-lead levels in 
children, to determine the effectiveness of the program.
    During the calendar year 2005, the performance standards 
established by EPA for the selected remedy were met. This conclusion is 
supported and documented in the 2005 LCCHP annual report.
    The LCCHP was implemented as required by the ROD and under the 
Methods and Standards for Evaluating the Performance of the Program. 
ASARCO continued to execute the LCCHP until July 2005 when ASARCO 
declared bankruptcy, after which EPA managed the LCCHP soil 
investigations and cleanups. The work group continued the blood-lead 
monitoring and education/outreach programs.

Response Actions

    KF conducted several time critical removal actions from October 
1995 to April 2000. Under the LCCHP from April 2000 to the summer of 
2009, time critical removal actions were completed on multiple 
residences, commercial properties and vacant lots.
    From October 1995 to the summer of 2009, 1040 properties were 
investigated. 270 of those properties required a soil removal action. 
Forty properties, which may or may not have had soil removals, have had 
dust removed or paint repaired/replaced. The EPA conducted the last 
property assessment and response actions in the summer of 2009.
``Last Call''
    In an effort to include any property that had not participated in 
the LCCHP, a ``last call'' for property owners to have their property 
investigated was given in 2006 by the EPA and ASARCO. EPA sent a letter 
notifying property owners of the ``last call'' and published several 
notices in the Leadville Herald Democrat. EPA completed investigations 
and remediation of ``last call'' properties in the summer of 2009.
    Due to ASARCO's bankruptcy in 2005, EPA proceeded to finish the 
assessment and cleanup of properties that were already scheduled for 
work. Additionally, EPA also investigated and cleaned up properties 
from the ``last call.'' Due to the short construction season in Lake 
County, the last Site assessment and on the ground construction work 
was not completed until the summer of 2009.
Institutional Controls (ICs)
    On March 15, 2010, Lake County passed a resolution approving the 
LCCHP Phase 2 Work Plan and adopting the LCCHP Phase 2 as an IC for 
OU9. With the County's passing of the resolution to adopt the LCCHP 
Phase 2 Work Plan as an IC for OU9, remedial action was completed.

[[Page 30033]]

    Moreover on December 23, 2009, the County also passed a resolution, 
which serves as an IC. The resolution amends the Lake County Land 
Development Code Chapter 3.2. The Lake County Building and Land Use 
Department (LCBLUD) is required to provide building permit applicants 
within the boundaries of the remaining 38 mine waste piles in OU9 with 
a handout regarding Best Management Practices for managing potentially 
contaminated soils in Lake County. Each applicant is obligated to sign 
a document attesting to the fact that he/she received, read and 
understood the Lake County Best Management handout. No building permit 
will be issued without the applicant's written acknowledgement provided 
to the LCBLUD. Additionally, written proof of approval from the CDPHE 
is a condition precedent to issuance of a building permit by the 
LCBLUD.

Operation and Maintenance

    The LCCHP Phase 2 Work Plan also serves as the operations and 
maintenance (O & M) plan for OU9. The goal of the LCCHP Phase 2 is to 
maintain the progress made in reducing overall lead-related risk to 
children and pregnant and nursing women who live in Leadville through 
education, blood-lead monitoring of children, investigation when 
elevated blood lead is detected, and a cleanup response, if 
appropriate.
    In addition to blood-lead monitoring, the LCCHP Phase 2 includes 
community education and outreach. Under the modified program, Lake 
County provides information to residents and families with children to 
promote ongoing community awareness of health risks from lead 
exposures. The Lake County Public Health Agency provides this 
information several ways, including periodic public notices in the 
newspaper, brochures in physicians' offices, and handouts during 
immunization visits. Additionally, Lake County provides counseling, 
education and small incentives to families who participate in the 
modified program's blood-lead monitoring program.
    The most significant change from the LCCHP (remedial action) is 
that residential environmental sampling and cleanup for soil, dust and 
paint are only offered:
    (1) When children or pregnant/nursing mothers living at a property 
have blood-lead levels at or above the Center for Disease Control's 
level of concern, currently 10 [mu]g/dl; or
    (2) At the specific recommendation of either the work group or the 
Lake County Public Health Agency.
    The original program allowed residents to request environmental 
sampling with no preconditions. This service is no longer available. In 
addition, the work group may not offer environmental sampling if 
preliminary investigation indicates the source of lead exposure is 
solely from household items such as consumer goods, toys, candy, etc. 
Environmental sampling and cleanup will occur as directed by the work 
group and only with the consent of the resident and/or property owner.
    The County and State administer the LCCHP Phase 2 with EPA 
oversight. The Lake County Public Health Agency monitors blood-lead 
concentrations in individual children who live within the County, and 
provides workshops and educational material to families about 
preventing exposure to lead. CDPHE performs data management, 
environmental sampling and cleanup upon recommendation of the work 
group.

Five-Year Review

    The remedies at the entire Site, including OU9, require ongoing 
five-year reviews in accordance with CERCLA Section 121(c) and Section 
300.430(f)(4)(ii) of the NCP. The next five-year review for the 
California Gulch Site is scheduled for 2012.
    In the 2007 five-year review for the Site, the OU9 remedy that was 
determined was protective of human health and the environment. However, 
concerns were noted about continued protectiveness because ICs were not 
in place and an O & M Plan did not exist. Those concerns were resolved 
when the work group approved the LCCHP Phase 2 as an IC and O & M Plan 
for properties in OU9, and Lake County adopted ICs by resolution.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U. S. C. 9613(k) and CERCLA Section 117, 42 
U. S. C. 9617. Documents in the partial deletion docket which the EPA 
relied on for recommendation for the partial deletion from the NPL are 
available to the public in the information repositories and a notice of 
availability of the Notice of Intent for Partial Deletion has been 
published in the Leadville Herald Democrat to satisfy public 
participation procedures required by 40 CFR 300.425(e)(4).
    A fact sheet outlining the new LCCHP Phase 2 was presented to the 
public in June 2009. The public commented and EPA responded. The State, 
the Lake County Commissioners and the Mayor of Leadville are supportive 
of the deletion of OU9.

Determination That the Criteria for Deletion Have Been Met

    More specifically for OU9, EPA and the State have determined that 
the responsible parties completed all appropriate response actions. EPA 
has consulted with the State, Lake County Commissioners, and the City 
of Leadville, Colorado, on the proposed partial deletion of OU9 from 
the NPL prior to developing this Notice of Partial Deletion. Through 
the five-year reviews, EPA has also determined that the response 
actions taken are protective of public health or the environment and, 
therefore, taking of additional remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA will finalize 
the next five-year review in 2012 to ensure the continued 
protectiveness of remedial actions where hazardous substances, 
pollutants, or contaminants remain at the Site above levels that allow 
for unlimited use and unrestricted exposure.

V. Deletion Action

    The EPA, with concurrence of the State of Colorado through the 
Colorado Department of Public Health and Environment on February 16, 
2011, has determined that all appropriate response actions under 
CERCLA, other than operation, maintenance, monitoring and five-year 
reviews, have been completed. Therefore, EPA is deleting the remaining 
portions of OU9, the Residential Populated Areas, from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective July 25, 2011 unless EPA receives adverse comments by June 
23, 2011. If adverse comments are received within the 30-day public 
comment period, EPA will publish a timely withdrawal of this direct 
final notice of partial deletion before the effective date of the 
partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially delete and the comments 
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping

[[Page 30034]]

requirements, Superfund, Water pollution control, Water supply.

    Dated: May 10, 2011.
James Martin,
Regional Administrator, Region 8.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry 
under ``California Gulch'', Colorado to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                          Site name                City/county             Notes \(a)\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CO...................................  California Gulch........  Leadville...............  P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\(a)\ * * *
P = Sites with partial deletion(s).


[FR Doc. 2011-12763 Filed 5-23-11; 8:45 am]
BILLING CODE 6560-50-P