[Federal Register Volume 65, Number 170 (Thursday, August 31, 2000)]
[Rules and Regulations]
[Pages 52947-52948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22162]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6860-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of partial deletion of the Cimarron Mining Superfund 
Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
the partial deletion of the Cimarron Mining Superfund Site (Site). This 
partial deletion applies only to the surface soil portion of Operable 
Unit 1 (OU 1 or Cimarron) and all of Operable Unit 2 (OU 2 or Sierra 
Blanca, which consists solely of surface soils). The long-term remedial 
action for the ground water portion of the remedy for the surface soil 
portion of OU 1 will continue until further notice and remains on 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 codified at Appendix 
B of the National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP), 40 CFR part 300. This partial deletion is consistent with 
EPA's Notice of Policy Change: Policy Regarding Partial Deletion of 
Sites Listed on the National Priorities List. This partial deletion 
does not pertain to the subsurface portion of OU 1 (Cimarron) including 
without limitation ground water and subsurface soils. The subsurface 
portion of the Site will remain on the NPL, and response activities 
will continue for that portion. With the concurrence of the State of 
New Mexico, acting through the New Mexico Environment Department 
(NMED), EPA has determined that for the surface portion of OU 1 
(Cimarron) and all of OU 2 (Sierra Blanca) all appropriate Hazardous 
Substance Response Trust Fund (Fund)--financed response under CERCLA 
has been implemented and that no further response action by responsible 
parties is appropriate. (Neither CERCLA-required five-year reviews nor 
operation and maintenance are considered further response action for 
the purpose of this partial deletion.) EPA, with State of New Mexico 
concurrence (acting through NMED), has determined that Site 
investigations show that the portions of the Site being deleted from 
the NPL now pose no significant threat to public health or the 
environment; consequently, pursuant to CERCLA section 105, and 40 CFR 
300.425(e), the surface portions of the Site (the surface portion of OU 
1 and all of OU 2) are hereby deleted from the NPL.

EFFECTIVE DATE: August 31, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Petra Sanchez, Remedial Project 
Manager, 214-665-6686, United States Environmental Protection Agency, 
Region 6, 6SF-LT, 1445 Ross Avenue, Suite 1200, Dallas, Texas, 75231. 
Information on the Site is available at the local information 
repository located at Carrizozo City Hall, P.O. Box 247, Carrizozo, New 
Mexico 88301. Requests for comprehensive copies of documents should be 
directed formally to Ms. Elizabeth Rogers, Regional Superfund 
Information Management Team, EPA Region 6, SF-PI, 1445 Ross Avenue, 
Suite 1200, Dallas, Texas, 75231.

SUPPLEMENTARY INFORMATION: The Site being partially deleted from the 
NPL is the Cimarron Mining Superfund Site located near the town of 
Carrizozo, in Lincoln County, New Mexico. This partial deletion 
pertains only to the surface portions of the Site (surface portion of 
OU 1, Cimarron, and the entire portion of OU 2, Sierra Blanca (the 
latter consisting solely of surface soils). This action does not 
pertain to the Long Term Remedial Action for ground water at OU 1, 
Cimarron. This partial deletion is in accordance with 40 CFR 300.425(e) 
and the Notice of Policy Change: Partial Deletion of Sites Listed on 
the National Priorities List, 60 FR 55466 (November 1, 1995). A Notice 
of Intent for Partial Deletion was published on June 21, 2000 (65 FR 
38476). The closing date for comments on the Notice of Intent for 
Partial Deletion was July 21, 2000. No comments were received. The EPA 
identifies sites which appear to present a significant risk to public 
health, welfare, or the environment and it maintains the NPL as the 
list of those sites. Sites on the NPL may be the subject of Fund-
financed remedial actions. Section 300.425(e)(3) of the NCP, 40 CFR 
300.425(e)(3), states that Fund-financed actions may be taken at

[[Page 52948]]

sites deleted from the NPL in the event that future conditions at the 
site warrant such action. Deletion of a site from the NPL does not 
affect responsible party liability or impede EPA efforts to recover 
costs associated with response efforts.

List of Subjects in 40 CFR Part 300

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

    Dated: August 17, 2000.
Lynda F. Carroll,
Acting Regional Administrator, U.S. EPA Region 6.

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

PART 300--[AMENDED]

    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.


    2. Table 1 of Appendix B to part 300 is amended by revising the 
entry for ``Cimarron Mining Corp.,'' Carrizozo, New Mexico to read as 
follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
              State                        Site name                 City/County                Notes(a)
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
NM...............................  Cimarron Mining Corp.....  Carrizozo...............  P.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
(a) * * *
P=Sites with partial deletion(s).

[FR Doc. 00-22162 Filed 8-30-00; 8:45 am]
BILLING CODE 6560-50-P