[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58404-58405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24094]



40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9467-9]

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the 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 Act 
(CERCLA) of 1980, as amended, is an appendix of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). This partial 
deletion pertains to the remaining portions of OU9. Operable units 1, 
3, 4, 5, 6, 7, 11 and 12 will remain on the NPL and are not being 
considered for deletion as part of this action. The EPA and the State 
of Colorado, through the Colorado Department of Public Health and 
Environment, have determined that all appropriate response actions 
under CERCLA, other than operation, maintenance, and five-year reviews, 
have been completed. However, the deletion of these parcels does not 
preclude future actions under Superfund.

DATES: Effective Date: This action is effective September 21, 2011.

ADDRESSES: Information Repositories: EPA has established a docket for 
this action under Docket Identification No. EPA-HQ-SFUND-1983-0002. All 
documents in the docket are listed on the http://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, i.e., Confidential Business Information or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
http://www.regulations.gov or in hard copy at the site information 

[[Page 58405]]

Locations, contacts, phone numbers and viewing hours are:
    U.S. EPA Region 8, Superfund Records Center, 1595 Wynkoop Street, 
Denver, CO 80202. (303) 312-6473 or toll free (800) 227-8917; 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: Hours: Monday and Wednesday 10 a.m. to 8 p.m.; 
Tuesday & Thursday 10 a.m. to 5 p.m.; Friday & Saturday 1 p.m. to 5 
p.m.; and
    Timberline Campus Library of Colorado Mountain College, 901 U.S. 
Highway 24 South, Leadville, CO 80461. (719) 486-4250; Hours: Monday to 
Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. to 5 p.m.; Saturday 12 p.m. to 
5 p.m.; and Sunday 12 p.m. to 8 p.m.

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: 

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is: the remaining portions of OU9 of the California Gulch 
Superfund Site, located in Leadville, Lake County, Colorado. A Notice 
of Intent for Partial Deletion for this Site was published in the 
Federal Register on May 24, 2011 FR Doc No: 2011-12766.
    The closing date for comments on the Notice of Intent for Partial 
Deletion was June 23, 2011. Three public comments were received: two 
requesting continuation of the voluntary investigation/remediation 
program and one recommending that, because OU12, Site-wide Water 
Quality, is not ready for deletion, OU9 should not be deleted. The 
deletion is still appropriate, because all appropriate response actions 
have been completed, and the operable unit is in operations and 
maintenance. The current operations and maintenance program, the Lake 
County Community Health Program Phase 2, provides opportunities for 
investigation and soil remediation, if the Program's Work Group 
determines that lead in residential soil is contributing to an elevated 
blood lead in a child or pregnant/nursing woman. Under current EPA 
policy for partial deletion, one operable unit or environmental medium 
can be deleted irrespective of the readiness for deletion of other 
operable units or the site as a whole. A responsiveness summary was 
prepared and placed in both the docket, EPA-HQ-SFUND-1983-002, on 
http://www.regulations.gov, and in the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion of a site from the NPL does not preclude further remedial 
action. 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. Deletion of portions of a 
site from the NPL does not affect responsible party liability, in the 
unlikely event that future conditions warrant further actions.

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.

    Dated: September 13, 2011.
James B. Martin,
Regional Administrator, Region 8 .
    For reasons set out in the preamble, 40 CFR part 300 is amended as 


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]

2. Table 1 of Appendix B to part 300 is amended by revising the entry 
``CO, California Gulch, Leadville'' 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) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be <= 28.50).
P = Sites with partial deletion(s).

[FR Doc. 2011-24094 Filed 9-20-11; 8:45 am]