[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30081-30082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9310-7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the California Gulch 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a Notice of Intent to Partially Delete 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) and requests public 
comments on this proposed action. The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
The EPA and the State of Colorado, through the Colorado Department of 
Public Health and Environment (CDPHE), have determined that all 
appropriate response actions at these identified parcels under CERCLA, 
other than operation, maintenance, and five-year reviews (include if 
applicable), have been completed. However, this 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: Comments must be received by June 23, 2011.

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 online 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 statue. 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: 8:00 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: In the ``Rules and Regulations'' Section of 
today's Federal Register, we are publishing a direct final Notice of 
Partial Deletion for the remaining portions of Operable Unit 9 (OU9), 
the Residential Populated Areas, of the California Gulch Superfund Site 
(Site) without prior Notice of Intent for Partial Deletion because EPA 
views this as a noncontroversial revision and anticipates no adverse 
comment. We have explained our reasons for this partial deletion in the 
preamble to the direct final Notice of Partial Deletion, and those 
reasons are incorporated herein. If we receive no adverse comment(s) on 
this partial deletion action, we will not take further action on this 
Notice of Intent for Partial Deletion. If we receive adverse 
comment(s), we will withdraw the direct final Notice of Partial 
Deletion and it will not take effect. We will, as appropriate, address 
all public comments in a subsequent final Notice of Partial Deletion 
based on this Notice of Intent for Partial Deletion. We will not 
institute a second comment period on this Notice of Intent for Partial 
Deletion. Any parties interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial 
Deletion which is located in the Rules section of this Federal 
Register.

[[Page 30082]]

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.


    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.

    Dated: May 10, 2011.
James Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-12766 Filed 5-23-11; 8:45 am]
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