[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28106-28110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12710]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6947-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial direct final deletion of the California Gulch Superfund 
Site from the National Priorities List (NPL).

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
its deletion of Operable Unit 2 (OU2) of the California Gulch Superfund 
Site (Site) from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes appendix B of 40 CFR part 
300, 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. This partial deletion of the California 
Gulch Site 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 (Nov. 1, 1995).
    This partial deletion pertains to the area addressed by OU 2, and 
includes the Malta Gulch Fluvial Tailing, Leadville Corporation Mill, 
Malta Gulch Tailing Impoundment, and the Malta Tailing Impoundment. EPA 
has issued a Record of Decision (ROD) for OU 2. EPA bases its partial 
deletion of this area on the determination by EPA and the State of 
Colorado, through the Colorado Department of Public Health and 
Environment (CDPHE), that all appropriate actions under CERCLA have 
been implemented at these sites.
    The California Gulch Site has been divided into 12 operable units. 
This partial deletion pertains only to OU 2 of the Site. Response 
activities will continue at the remaining OUs.

DATES: This ``direct final'' action will be effective July 23, 2001 
unless EPA receives significant adverse or critical comments by June 
21, 2001. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to Rebecca Thomas, Remedial Project 
Manager, Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 
999 18th Street, Suite 300, Denver, CO 80202. Telephone: (303) 312-
6552.
    Information Repositories: Comprehensive information on the 
California Gulch Site is available through EPA, Region 8 public docket, 
which is located at EPA, Region 8, Superfund Records Center and is 
available for viewing from 8:00 a.m. to 4:30 p.m., Monday through 
Friday, excluding holidays. Requests for documents should be directed 
to the EPA, Region 8, Superfund Records Center. The address for the 
Region 8 Superfund Records Center is: U.S. Environmental Protection 
Agency, Superfund Record Center 999 18th Street, 5th Floor, Denver, CO 
80202, Telephone (303) 312-6473.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Remedial Project 
Manager, Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 
999 18th Street, Suite 300, Denver, CO 80202. Telephone: (303) 312-
6552.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency, Region 8 announces its 
deletion of a portion of the California Gulch Superfund Site (Site), 
located in Lake County, Colorado from the National Priorities List 
(NPL), which constitutes appendix B of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), 40 CFR part 300, and 
requests comments on this proposal. This partial deletion pertains to 
Operable Unit 2 (OU 2), which consists of the Lower Malta Gulch Fluvial 
Tailing, Leadville Corporation Mill, Malta Gulch Tailing Impoundment, 
and the Malta Tailing Impoundment.
    The Site is divided into 12 Operable Units (OUs) pursuant to 
agreement reached in a 1994 Consent Decree settlement. The 12 OUs 
comprising the California Gulch Site are as follows:
    1. Yak Tunnel/Water Treatment Plant.
    2. Malta Gulch Tailing Impoundments and Lower Malta Gulch Fluvial 
Tailing.
    3. D&RG Slag piles and Railroad Yard/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 and Commercial Populated Areas.
    10. Oregon Gulch.
    11. Arkansas River Valley Floodplain.
    12. Site-wide Water Quality.
    OUs 2 through 11 were designated in order to facilitate source 
remediation of specific geographic areas. OUs 2 through 11 pertain to 
distinct geographical areas corresponding to areas of responsibility 
for the identified responsible parties with EPA taking responsibility 
for areas where no responsible party could be identified, the United 
States was a responsible party, or cash-out settlements had been 
reached with the responsible parties. OU 12, which covers the entire 
Site was designated to address Site-wide surface and groundwater after 
completion of source remediation pursuant to OUs 2 through 11. EPA is 
deleting the areas addressed by OU 2 because all appropriate CERCLA 
response actions have been completed in these areas as described in 
Section IV. However, response activities are not complete for the other 
areas. Therefore, those areas will remain on the NPL and are not the 
subject of this partial deletion.
    The NPL is a list maintained by EPA of sites that EPA has 
determined 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). Pursuant to 40 
CFR 300.4-25(e) of the NCP, any site or portion of a site deleted from 
the NPL remains eligible for Fund-financed remedial actions if 
conditions at the site warrant such action.
    EPA will accept any dissenting comments on this partial deletion 
for thirty days following publication of this document in the Federal 
Register.

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 to protect public 
health or the environment. In making such a determination pursuant to 
Sec. 300.425(e),

[[Page 28107]]

EPA will consider, in consultation with the State, whether any of the 
following criteria have been met:
     Section 300.425(e)(1)(i). Responsible parties or other 
persons have implemented all appropriate response actions required; or
     Section 300.425(e)(1)(ii). All appropriate Fund-financed 
response under CERCLA has been implemented, and no further response 
action by responsible parties is appropriate; or
     Section 300.425(e)(1)(iii). The remedial investigation has 
shown that the release poses no significant threat to public health or 
the environment and, therefore, taking of remedial measures is not 
appropriate.
    Deletion of an operable unit at a site from the NPL does not 
preclude eligibility for subsequent Fund-financed actions at the 
operable unit deleted, it future site conditions warrant such actions. 
Section 300.425(e)(3) of the NCP provides that Fund-financed actions 
may be taken at sites that have been deleted from the NPL. A partial 
deletion of a site from the NPL does no affect or impede EPA's ability 
to conduct CERCLA response activities at operable units not deleted and 
remaining on the NPL. In addition, deletion of a portion of a site from 
the NPL does not affect the liability of responsible parties or impede 
agency efforts to recover costs associated with response efforts.

III. Deletion Procedures

    Deletion or partial deletion of sites from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. The 
NPL is designed primarily for informational purposes and to assist EPA 
management. The following procedures were used for the partial deletion 
of this site:
    (1) EPA, Region VIII has recommended the partial deletion of the 
California Gulch Site and has prepared the relevant documents.
    (2) The State of Colorado, through the Colorado Department of 
Public Health and Environment (CDPHE) has concurred with EPA's 
recommendation for a partial deletion.
    (3) Concurrent with this partial deletion, a public notice has been 
published in a local newspaper and has been distributed to appropriate 
Federal, State and local officials, and other interested parties. These 
notices announce a thirty (30) day public comment period on the 
deletion package, which commences on the date of publication of this 
document in the Federal Register and a newspaper of record.
    (4) EPA, Region VIII has made all relevant documents available in 
the Regional Office, Superfund Record Center.
    EPA is requesting only dissenting comments on the Direct Final 
Action to Delete. For deletion of the release from the Site, EPA's 
Regional Office will accept and evaluate public comments on EPA's 
action before making a final decision to delete. If necessary, the 
Agency will prepare a Responsiveness Summary, responding to each 
significant comment submitted during the public comment period. 
Deletion of the Site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in section II of this document, Sec. 300.425 (e)(3) of the 
NCP states that the deletion of a release from a site from the NPL does 
not preclude eligibility for future response actions.

IV. Basis for Partial Site Deletion

    The following provides EPA's rationale for deletion of OU 2 from 
the NPL and EPA's findings that the criteria in 40 CFR 300.425(e) are 
satisfied.

Background

    The California Gulch Superfund Site is located in Lake County, 
Colorado approximately 100 miles southwest of Denver. The California 
Gulch Superfund Site was listed on the National Priorities List on 
September 8, 1983. The Site is in a highly mineralized area of the 
Colorado Rocky Mountains covering 
16 \1/2\ square miles of a watershed that drains along California Gulch 
to the Arkansas River. Mining, mineral processing, and smelting 
activities have occurred at the Site for more than 130 years. The Site 
includes the City of Leadville, various parts of the Leadville Historic 
Mining District, and a section of the Arkansas River from the 
confluence of California Gulch to the confluence of Lake Fork Creek.
    A site-wide Phase I Remedial Investigation (Phase I RI), which 
primarily addressed surface and groundwater contamination, was issued 
in January 1987. As a result of the Phase I RI, EPA developed the first 
operable unit at the Site, the Yak Tunnel. This first operable unit was 
designed to address the largest single source of metallic loading.
    The Phase I RI was followed by a number of additional site-wide 
studies, including the Tailing Disposal Area Remedial Investigation 
Report, Baseline Human Health Risk Assessment Part A, Part B, and Part 
C, Ecological Risk Assessment for Terrestrial Ecosystems, Baseline 
Aquatic Ecological Risk Assessment, Groundwater RI, Surface Water RI, 
Waste Rock RI, and Site-wide Screening Feasibility Study. In addition, 
OU 2 specific studies were conducted, including the Malta Gulch Tailing 
Engineering Evaluation/Cost Analysis and studies conducted by the Hecla 
Mining Company (Hecla).
    In order to expedite the clean-up of the Site, EPA agreed, pursuant 
to a 1994 Consent Decree settlement, to divide the Site into eleven 
additional Operable Units. With the exception of OU 12, 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. EPA has taken responsibility for 
operable units where no responsible party could be identified, the 
United States was a responsible party, or cash-out settlements had been 
reached with the responsible parties. Under the settlement agreement 
reached in 1994, OUs 2 through 11 were designated to deal with areas 
where the appropriate responsible party or the United States would 
conduct source remediation. The settlement agreement recognized that 
additional source remediation or other appropriate response actions 
related to surface or ground water could occur as part of OU 12 
anywhere within the 16.5 square mile of the Site. The OUs are as 
follows:
    1. Yak Tunnel/Water Treatment Plant.
    2. Malta Gulch Tailing Impoundments and Lower Malta Gulch Fluvial 
Tailing.
    3. D&RG Slag piles and Railroad Yard/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 and Commercial Populated Areas.
    10. Oregon Gulch.
    11. Arkansas River Valley Floodplain.
    12. Site-wide Surface and Ground Water.
    The source areas to be addressed by OU 2 included the Malta Gulch 
Tailing Impoundments, including the Leadville Corporation Mill; the 
Malta Tailing Impoundment, including the Leadville Silver & Gold Mill 
facility; and the fluvial tailing in the area known as the Lower Malta 
Gulch. Pursuant to settlements reached with the responsible parties at 
each of these properties, EPA is responsible for

[[Page 28108]]

conducting the appropriate response actions at these properties.
    EPA performed four (4) removal/response actions at these sites. In 
chronological order, the fluvial tailing in Lower Malta Gulch were 
excavated from the Gulch and placed in a portion of the Malta Gulch 
Tailing Impoundment. These materials were graded, capped and 
revegetated. The remainder of the Malta Gulch Tailing Impoundment was 
capped in 1992 by Leadville Corporation to control fugitive dust 
emissions. The material in the Malta Tailing Impoundment (Leadville 
Silver & Gold) was graded, capped and revegetated. And, forty-two drums 
were removed from the Leadville Corporation Mill and appropriately 
disposed.
    On September 30, 1999, after completion of the removal actions, EPA 
issued a Record of Decision for OU 2 presenting EPA's decision that no 
further CERCLA action, as regards source remediation, is necessary to 
protect human health and the environment. The OU 2 ROD also provided 
for long-term monitoring of the Impoundments, including monitoring of 
the present use restrictions to prevent uses incompatible with the 
response actions would be necessary at the Malta Gulch Tailing 
Impoundment and the Malta Tailing Impoundment. Monitoring may include 
minor maintenance. Monitoring and any minor maintenance will be 
implemented by the Colorado Mountain College and through funds received 
by the United States in a settlement with a potentially responsible 
party. In the event that significant maintenance issues are identified 
by the Colorado Mountain College, EPA will take appropriate action to 
ensure protectiveness of the remedy. In addition, five-year reviews are 
also necessary for these sites.

OU 2 Response Actions

Lower Malta Gulch
    The fluvial tailings in Lower Malta Gulch, also identified as 
Fluvial Tailing #7 in the Tailing Disposal Area Remedial Investigation 
Report, lie directly downstream of the Malta Gulch Tailing 
Impoundments. Malta Gulch runs in a southwesterly direction for about 
three miles where it joins California Gulch.
    The fluvial tailing in Lower Malta Gulch originated from the 
milling operations conducted by the Ore & Chemical Company (OCC) from 
the fall of 1943 through August 1946. OCC had constructed a large 
tonnage sink-float mill near the site of the present day Leadville 
Corporation Mill. OCC deposited approximately 800,000 tons of tailing 
behind low profile berms. These berms appear to have been unsuccessful 
in completely containing the tailing and there appears to have been 
periodic releases of OCC tailing into the Lower Malta Gulch.
    Fluvial Tailing Site #7 covered an area of approximately 26 acres. 
Sampling at this site found lead levels ranging from 5.5 to 47,800 
parts per million (ppm). The Time Critical Removal Action for Lower 
Malta Gulch Fluvial Tailing was performed in the 1995 and 1996 
construction seasons. The materials excavated from Lower Malta Gulch 
Fluvial Tailing were disposed at the Malta Gulch Tailing Impoundment 
prior to the Non-Time Critical Removal Action which was planned for 
Malta Gulch Tailing Impoundment in 1996.
    During the 1995 construction season, approximately 34,000 cubic 
yards of contaminated material was removed from Lower Malta Gulch 
Fluvial Tailing and deposited in the Malta Gulch Tailing Impoundment. 
Four check dams, and a diversion berm between the upper and lower 
portions of Malta Gulch were constructed to manage surface runoff. 
Revegetation work in Malta Gulch was performed in 1996.
    The clean-up standard for this removal was the industrial/
commercial clean-up level for California Gulch of 6,700 ppm total lead. 
Confirmation sampling demonstrated that the excavation and removal had 
successfully lowered lead levels to below the Site residential clean-up 
level of 3,500 ppm total lead, thus no institutional controls are 
necessary at this portion of OU 2. Subsequent monitoring in 1997 and 
1998 have verified that the revegetation was successful and no long 
term monitoring is required.
Malta Gulch Tailing Impoundments
    The Malta Gulch Tailing Impoundment (MGTI) is located at the upper 
end of Malta Gulch about two miles west of the City of Leadville. The 
Stringtown portion of the Leadville Mining Area District, which 
includes the Malta Gulch Tailing Impoundments (MGTI), was developed 
between 1879 and 1882 as a large group of placer claims.
    As explained above, it appears that the earliest use of this area 
for tailing disposal was from the fall of 1943 through August 1946 by 
the OCC. The OCC tailing berms became the pre-cursors to the current 
basins known as Impoundments #1 and #2. From the period of 1945 to 
1973, there was no activity at this portion of the Site although 
ownership of the property changed hands numerous times. The property 
was purchased by its current owner, Leadville Corporation, in 1968. In 
1974, the Hecla Mining Company (Hecla), in conjunction with Day Mines, 
leased the property as a site for disposal of tailing generated from 
its milling of ores from the Sherman Mine which was a silver mine in a 
dolomite formation. The MGTI, in its present configuration, was 
constructed in 1974 by Hecla/Day. Hecla/Day also constructed 3 tailing 
impoundments (#1, 2, 3), two water retention impoundments (#4 and 6) 
and a clarification basin (#5). The entire facility occupies 
approximately 23 acres. These milling operations were permitted and 
bonded by the State of Colorado's Division of Minerals & Geology, and 
the permit remains in effect. Hecla leased the MGTI from Leadville 
Corporation until 1987. During its leasehold, Hecla/Day operated an on-
site flotation mill that generated approximately 680,000 tons of 
tailing. No cyanide was used in the processing during this time. The 
Leadville Corp. refitted the mill to use a cyanide leaching process and 
approximately 50,000 tons of dolomitic tailing were added to the 
impoundments in 1988.
    Hecla completed an engineering evaluation/cost analysis (EE/CA) for 
the MGTI in July, 1993. Sampling at the MGTI showed lead in the range 
of 800 to 57,600 parts per million (ppm). Based on the findings of the 
EE/CA, EPA conducted a non-time critical removal to consolidate, grade, 
cap, and revegetate the MGTI.
    Capping work at the MGTI included the completion of the dust 
control dolomite gravel caps at Ponds 1, 2, and 3 that was initiated by 
Leadville Corporation in 1991. EPA work at the MGTI was performed in 
two field construction seasons. Clean-up activities commenced on 
October 5, 1995 and were completed on October 15, 1996. Borrow material 
was obtained from the Leadville Corporation borrow pit immediate north 
of the impoundments across County Road 3. Borrow material is comprised 
of non-mineralized glacial moraine deposits. This helped assure that 
cap materials had lead levels below the 6,700 mg/kg total lead (the 
commercial/industrial soil lead action level for this property). Borrow 
was placed at a depth of 6-12 inches. Prior to capping, 30,000 cubic 
yards of metals-contaminated fluvial tailings from Lower Malta Gulch 
were also transported and placed in the MGTI Pond 3. These materials 
were capped, graded, and revegetated. Other elements of the MGTI clean-
up included: The

[[Page 28109]]

construction of a rip-rap geotextile spillway to control runoff, the 
stabilization of a section of retainment berm, the reestablishment of 
the local drainage and fencing, and soil hot spot removals and 
revegetation of areas around the mill building.
    In order to ensure continued protectiveness of the remedy, long-
term monitoring will be conducted in accordance with the Monitoring 
Plan to assure that the cover material and vegetation remain effective. 
In addition, present zoning of the MGTI is Industrial Mining which will 
not allow uses inconsistent with the remedy. Periodic monitoring and 
review is necessary to verify that zoning of the MGTI has not been 
changed to allow uses inconsistent with the remedy, and that 
groundwater is not being used as a source of drinking water. Monitoring 
is also necessary to periodically review the status of this DMG permit. 
Site closure and reclamation will be completed in accordance with the 
DMG permit requirements. The long-term monitoring program for the MGTI 
will be implemented by the Colorado Mountain College. This program will 
commence upon finalization of the work plan submitted in August 2000.
Malta Tailing Impoundment
    The Malta Tailing Impoundment (MTI), owned by Leadville Silver & 
Gold, Inc., is located 1.5 miles west of Leadville, 0.8 miles north of 
Stringtown and 0.6 miles north of California Gulch. Leadville Silver & 
Gold, Inc. constructed a mill to recover pyritic materials from various 
tailing and waste materials from nearby properties which had been 
obtained under leasehold arrangements. This pyritic materials recovery 
process operated from 1983 through 1988.
    Approximately 2,000 tons of pyrite were shipped to various off-site 
smelters for use as a flux. As a result of this operation, 
approximately 10,000 cubic yards of tailing were disposed of at the 
Malta Tailing Impoundment.
    The Malta Tailing Impoundment consists of three small impoundments 
surrounded by berms, and occupies 4.6 acres of nearly flat land at the 
top of a ridge. The total volume of tailing is estimated to be slightly 
in excess of 10,000 cubic yards.
    Areas within the immediate vicinity of the tailing impoundments 
were littered with scrap metal, concrete slabs, and other mining/
processing material. There was also a stockpile of mine waste, 
including drums of product, nearby.
    Sampling of the tailing showed lead concentrations ranging from 
3,850 mg/Kg to 7,250 mg/Kg. The tailing and pyritic material presented 
a risk to human health and the environment, since they are a source of 
acid mine drainage.
    In the fall of 1996, EPA conducted a removal action to consolidate 
the acid-generating materials, neutralize the acidic leachate, and 
grade, cap, and revegetate the MTI. In addition, the piles of pyrite 
concentrate, and drums were removed during the 1996 construction 
season, for use as a product.
    Confirmation samples showed the revegetated soil surface of the 
impoundment to be below the 6,700 ppm total lead commercial/industrial 
Site standard.
    In order to ensure continued protectiveness of the remedy, long-
term monitoring will be required to assure that the cover material and 
vegetation remain effective. In addition, present zoning of the MTI is 
Industrial Mining which will not allow uses inconsistent with the 
remedy. Periodic monitoring and review is necessary to verify that 
zoning of the MTI has not been changed to allow uses inconsistent with 
the remedy, and that groundwater is not used as a source for drinking 
water. Monitoring may include minor maintenance. Monitoring and any 
minor maintenance will be implemented by the Colorado Mountain College. 
In the event that significant maintenance issues are identified by the 
Colorado Mountain College, EPA will take appropriate action to ensure 
protectiveness of the remedy. This program commenced in July 2000.
Leadville Corporation Mill, Drum Removal
    The Leadville Corporation mill is located at the southern boundary 
of the MGTI. In 1997, officials of the State's Division of Minerals & 
Geology conducted a mine permit inspection and discovered that 42 
drums, in one of the buildings at the Leadville Corporation mill, were 
corroding and beginning to leak. Since Leadville Corporation did not 
have the resources to dispose of the drums, the State requested EPA's 
Emergency Response Team to dispose of them. Thirty-six 55 gallon drums 
and six 5 gallon drums were involved. The drums contained hazardous 
substances which represented a threat to human health and the 
environment. The drums contained acids, bases and flammable liquids.
    EPA conducted an emergency removal action in 1998 to address the 
threats posed by these drums. The drums were over packed and sent off-
site for appropriate disposal. This was a complete removal so no 
monitoring or institutional controls are necessary for this portion of 
OU 2.

Community Involvement

    At Leadville, Colorado, the public interest in the clean up of this 
Superfund Site has been intensive; many public meetings have been held. 
Numerous Fact Sheets have been released to the public. On August 2, 
1993, the public was notified in the local newspaper that the Final 
Engineering Evaluation/Cost Analysis (EE/CA), Malta Gulch Tailing, 
Leadville, Colorado, dated July 29, 1993 was available for review and 
comment. EPA held a public meeting in Leadville on August 12, 1993. The 
comment period continued through September 1, 1993. EPA responded to 
all comments on the EE/CA in a Responsiveness Summary which was 
prepared in September 1993 prior to the issuance of the Action 
Memorandum on September 10, 1993. The notice of availability of the 
Proposed Plan and supporting documents was published in the Leadville 
Herald Democrat on March 13, 1997. The public comment period was held 
from March 19, 1997 to April 18, 1997. A Public meeting was held on 
March 19, 1997. Responses to all comments received during the public 
comment period are included in the Responsiveness Summary attached to 
the ROD for OU 2. On September 30, 1999, EPA issued a final ROD for OU 
2. As described above, the ROD called only for ongoing monitoring of 
active response actions and use restrictions. EPA's decision is based 
on information contained in the final Administrative Record for OU 2. 
The final Administrative Record is available at the California Gulch 
Site information repository and the EPA Region 8, Superfund Records 
Center.

Current Status

    Based on the successful completion of the above described removal 
actions and implementation of the long-term monitoring program for the 
MGTI and MTI, there are no further response actions planned or 
scheduled for OU 2.
    Because this decision results in hazardous substances remaining on 
site, above health-based levels, monitoring of the previous response 
actions will be required. This monitoring will be conducted in addition 
to site-wide five-year reviews. The next five-year review at the 
California Gulch Site is scheduled to be initiated in October 2000 for 
completion in 2001.
    While EPA does not believe that any future response action in the 
Malta Gulch area will be needed, if future conditions warrant such 
action, the

[[Page 28110]]

deletion areas of the California Gulch Superfund Site remain eligible 
for future Fund-financed response actions. Furthermore, this partial 
deletion does not alter the status of the other OUs of the Site which 
are not being deleted and remain on the NPL. EPA, with concurrence from 
the State of Colorado, has determined that all appropriate CERCLA 
response actions have been completed at OU 2 and protection of human 
health and the environment has been achieved in this area. Therefore, 
EPA is deleting the Malta Gulch area of the California Gulch Superfund 
Site from the NPL. This action will be effective July 23, 2001. 
However, if EPA receives dissenting comments by June 21, 2001, EPA will 
publish a document that withdraws this action.

List of Subjects in 40 CFR Part 300

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

    Dated: February 12, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
    Part 300, Title 40 of Chapter 1 of the Code of Federal Regulations 
is amended as follows:

PART 300--[AMENDED]

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

    Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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 for ``California Gulch'' so that it reads 
as follows:

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

[FR Doc. 01-12710 Filed 5-21-01; 8:45 am]
BILLING CODE 6560-50-P