[Federal Register Volume 67, Number 34 (Wednesday, February 20, 2002)]
[Rules and Regulations]
[Pages 7614-7617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3919]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7147-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of partial deletion of the California Gulch 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final notice of partial deletion of the subunits A 
and B, residential waste rock piles, and the parks and playgrounds 
within Operable Unit 9 (OU 9) of the California Gulch Superfund Site 
(Site), 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 appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substance 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, because EPA has determined that all 
appropriate response actions under CERCLA have been completed, and 
therefore further remedial action pursuant to CERCLA is not 
appropriate.
    OU 9 includes the Residential Populated Areas. EPA issued a Record 
of Decision (ROD) for OU 9 on September 2, of 1999. The Remedial 
Investigation has shown that the taking of remedial measures is not 
appropriate for subunits A and B of the Residential Populated Areas. 
Proposal to partially delete subunits A and B of the Residential 
Populated Areas was made by the State of Colorado, through the Colorado 
Department of Public Health and Environment, on November 3, 2000.
    The Removal Action for the residential waste rock piles within OU 9 
was completed on December 22, 1999 and the Removal Action Completion 
Report was submitted to EPA in July 2001. The Remedial Action for the 
parks and playgrounds within OU9 was completed on September 27, 2000.
    The Site has been divided into 12 Operable Units (OUs). This direct 
final partial deletion pertains only to the subunits A and B, 
residential waste rock piles, and parks and playgrounds within OU 9 of 
the Site. Response activities will continue at the remaining OUs. 
Furthermore, this partial deletion does not alter the status of the 
Site-wide Surface and Ground Water, OU 12, which is not proposed for 
deletion and remains on the NPL.

DATES: This direct final partial deletion action will be effective 
April 22, 2002 unless EPA receives adverse comments by March 22, 2002. 
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: 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, 
[email protected], (303) 312-6552.
    Information Repositories: Comprehensive information about the 
California Gulch Site is available for viewing and copying at the Site 
information repositories located at: U.S. EPA Region 8, Superfund 
Records Center, 999 18th Street, 5th Floor, Denver, CO 80202, (303) 
312-6473.
    Viewing hours: 8:00 A.M. to 4:30 P.M., Monday through Friday, 
excluding holidays. and Lake County Pubic Library, 1115 Harrison 
Avenue, Leadville, CO 80461, (719) 486-0569.

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, 
[email protected], (303) 312-6552.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 8 is publishing this direct final notice of partial 
deletion of subunits A and B, residential waste rock piles, and the 
parks and playgrounds within OU 9, California Gulch Superfund Site from 
the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in the Sec. 300.425(e)(3) of the NCP, 
sites partially deleted from the NPL remain eligible for remedial 
actions if conditions at a partially deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to partially delete. This action will be effective April 22, 
2002, unless EPA receives adverse comments by March 22, 2002 on this 
document. If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely withdrawal 
of this direct final 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 to partially 
delete and the comments 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 subunits A and B, residential 
waste rock piles, and the parks and playgrounds within OU 9, California 
Gulch Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses EPA's action to partially delete the Site 
from the NPL unless adverse comments are received during the public 
comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be 
partially deleted from the NPL where no further response is 
appropriate. In making a determination to partially delete a Site from 
the NPL, EPA shall 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 (Hazardous Substance Superfund 
Response Trust Fund) 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.
    Even if a site is partially deleted from the NPL, where hazardous 
substances, pollutants, or contaminants remain at the partially deleted 
site above levels that allow for unlimited use and unrestricted 
exposure, CERCLA section

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121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site 
be conducted at least every five years after the initiation of the 
remedial action at the partially deleted site to ensure that the action 
remains protective of public health and the environment. If new 
information becomes available which indicates a need for further 
action, EPA may initiate remedial actions. Whenever there is a 
significant release from a site partially deleted from the NPL, the 
partially deleted site may be restored to the NPL without application 
of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the partial deletion of the Site:
    (1) The EPA consulted with the State of Colorado on the partial 
deletion of the Site from the NPL prior to developing this direct final 
notice of partial deletion.
    (2) The State of Colorado concurred with 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 to partially delete was published today in the 
``Proposed Rules'' section of the Federal Register and is being 
published in a major local newspaper of general circulation at or near 
the Site and is being distributed to appropriate federal, state, and 
local government officials and other interested parties; the newspaper 
notice announces the 30-day public comment period concerning the notice 
of intent to partially delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, 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 to 
partially delete and the comments already received.
    Partial deletion of a site from the NPL does not itself create, 
alter, or revoke any individual's rights or obligations. Partial 
deletion 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 partial deletion of a 
site from the NPL does not preclude eligibility for future response 
actions, should future conditions warrant such actions.
    While EPA does not believe that any future response action within 
the subunits A and B, residential waste rock piles, and the parks and 
playgrounds within Operable Unit 9 will be needed, if future conditions 
warrant such action, the deleted areas will remain eligible for future 
response actions. Furthermore, this partial deletion does not alter the 
status of the Site-wide Surface and Ground Water, Operable Unit 12, of 
the California Gulch Superfund Site, which is not proposed for deletion 
and remains on the NPL.

IV. Basis for Partial Site Deletion

    The following provides EPA's rationale for deleting the subunits A 
and B, residential waste rock piles, and parks and playgrounds within 
OU 9 of the California Gulch Site from the NPL:

Site Location

    The California Gulch Superfund Site is located in Lake County, 
Colorado approximately 100 miles southwest of Denver. 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. The Site includes the City of Leadville, various 
parts of the Leadville Historic Mining District, and Stringtown. A 
section of the Arkansas River from the confluence of California Gulch 
to the confluence of Lake Fork Creek is also included.
    Subunits A and B are located within the outlaying areas of 
Leadville zoned for residential use. The residential waste rock piles 
are located on the eastern side Leadville. The majority of the parks 
and playgrounds are located within Leadville. A map and site 
coordinates of the general location of subunits A and B and the 
residential waste rock piles are included in the docket at the 
information repositories listed above. The docket also includes a map 
of the parks and playgrounds.

Site History

    The California Gulch Superfund Site was listed on the National 
Priorities List on September 8, 1983, 48 FR 40658 (1983). 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 Site was placed on the NPL because of 
concerns about the impact of mine drainage on surface waters in 
California Gulch and the impact of heavy metals loading in the Arkansas 
River.
    In order to expedite the clean up of the Site, EPA agreed, pursuant 
to the 1994 Consent Decree, to divide the Site into twelve Operable 
Units (OUs). 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 
either 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 1994 Consent Decree, OUs 2 through 11 were designated to 
deal with areas where the appropriate responsible party or the United 
States would conduct source remediation. OU 12, which covers the entire 
Site, was designated to address site-wide surface and groundwater. OU 
12 will be addressed after completion of source remediation in OUs 2 
through 11. The Consent Decree 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. As determined by the Remedial Investigation, 
taking of remedial measures is not appropriate for subunits A and B. 
Therefore, surface and groundwater within subunits A and B require no 
consideration for OU 12.
    EPA is partially deleting the subunits A and B, residential waste 
rock piles, and parks and playgrounds within OU 9 because all 
appropriate CERCLA response actions have been completed in these areas 
as described in Section IV. Response actions are not complete at most 
of the other OUs at the Site. Those OUs will remain on the NPL are not 
the subject of this partial deletion. The OUs are as follows:

OU 1  Yak Tunnel/Water Treatment Plant
OU 2  Malta Gulch Tailing Impoundments and Lower Malta Gulch Fluvial 
Tailing
OU 3  D&RG Slag Piles and Railroad Yard/Easement
OU 4  Upper California Gulch
OU 5  Asarco Smelter Sites/Slag/Mill Site

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OU 6  Starr Ditch/Stray Horse Gulch/Lower Evans Gulch/Penrose Mine 
Waste Pile
OU 7  Apache Tailing Impoundments
OU 8  Lower California Gulch
OU 9  Residential Populated Areas
OU 10  Oregon Gulch
OU 11  Arkansas River Valley Floodplain
OU 12  Site-wide Surface and Ground Water

    Operable Unit 9 of the California Gulch Site contains the 
Residential Populated Areas. The area encompasses the City of 
Leadville, Stringtown, and outlying areas zoned for residential use. 
Pursuant to the 1994 Consent Decree, Asarco Incorporated is responsible 
for conducting all appropriate response actions at OU 9.
Cultural Resources
    Leadville has been classified as a National Historic Landmark. The 
State Historic Preservation Officer (SHPO) and the Advisory Council on 
Historic Preservation (ACHP) are contacted prior to remedial activities 
within OU 9. Procedures outlined in the EPA/SHPO/ACHP Programmatic 
Agreement will be followed to safeguard cultural resources. As a part 
of the Lake County Community Health Program, structures built before 
1950 will be assessed by SHPO. SHPO will then determine the property's 
contributions to the historic district prior to action. Cultural 
Resource Mitigation activities were performed for the Non-Time Critical 
Removal Action in accordance with the Final Mitigation Plan for 
Selected Mine Waste piles, Operable Unit 9, California Gulch Superfund 
Site, Lake County, Colorado (September 4, 1997).

Remedial Investigation and Feasibility Study (RI/FS)

    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 (FS). OU 9 
specific studies were also conducted, including the Soil-Lead in 
Residential Populated Areas RI, Parks and Playgrounds Engineering 
Evaluation and Cost Analysis (EE/CA), Mine Waste Engineering Evaluation 
and Cost Analysis EE/CA, and the Final Residential Soil FS.
    Studies have determined lead to be the primary contaminant of 
concern in OU 9. The Remedial Investigation, completed in May of 1994, 
identified soils as the primary exposure pathway to the residential 
population at the site. The Final Residential Soil Feasability Study, 
completed in November of 1998, evaluated the residential soils of 
properties, yards and open space areas where lead levels exceeded the 
trigger level of 3,500 ppm and presented seven remedial alternatives.

Response Actions

OU 9 Response Actions for Subunits A and B
    Subunits A and B are located within the outlying areas zoned for 
residential use within OU 9. The Remedial Investigation and Terrestrial 
Risk Assessment have shown that taking of remedial measures is not 
appropriate for subunits A and B. Proposal to partially delete subunits 
A and B of the Residential Populated Areas was made by the State of 
Colorado through the Colorado Department of Public Health and 
Environment on November 3, 2000.
OU9 Response Actions for Residential Waste Rock Piles
    A Mine Waste Engineering Evaluation and Cost Analysis was prepared 
in December 1995 to identify Removal Action alternatives for the mine 
waste piles within OU 9. Removal (Response) Actions for the mine waste 
piles were described in the Non-Time Critical Removal Action Memorandum 
signed August 15, 1996. Activities included removal of 14 residential 
waste rock piles with lead concentrations greater than 3,500 ppm. 
Pursuant to the Action Memorandum, Asarco conducted the removal action 
in 1997 and 1999. Residential waste rock piles with lead concentrations 
greater than 3,500 ppm lead were removed and placed at end use 
locations. Residential waste rock piles which fell below action trigger 
levels were left in place.
    The four piles with the highest lead concentrations were removed in 
1997 and the remaining ten piles were removed in 1999. During the 1997 
removal action, four piles (Hibschle #14 and #15, Wolcott #19, Hope/
Last Chip #109) were removed and placed within Operable Unit 6 (OU 6). 
Approximately 42,400 cubic yards of waste material were placed within 
the Hams Tailings Pile (OU 6), then compacted and capped with 30 inches 
of clean borrow soil.
    During the 1999 removal action, the ten waste piles removed 
included:

#16 Coronado
#17 Coronado/Northern
#22 Gray Eagle/Bison
#24 Kent
#26 Pocahontas
#28 Starr
#108 Turbot
#110 Luzerne
#111 Ypsilanti
#140 Ypsilanti/Ypsilanti B

    In addition, eight suspected mine shafts were identified for 
closure during construction. The method of closure selected for the 
shafts was a monolithic concrete plug. Confirmation sampling showed 
that removal had successfully lowered levels to below site clean up 
levels of 3,500 ppm lead. Thus, no long term monitoring is required. 
This removal action is consistent with the performance of the final 
remedial action for OU 9 and is considered as the final remedy for 
waste mine piles within OU 9.
OU 9 Response Actions for Parks and Playgrounds
    A Parks and Playgrounds Engineering Evaluation and Cost Analysis 
(EE/CA) was prepared in November of 1994. Based on the finding that 
soils at all parks and playgrounds were below the trigger level of 
3,500 ppm lead, EPA approved no further action for the areas addressed 
by the work plan.
    Subsequent to the Parks and Playgrounds EE/CA, one additional 
playground area was identified in Leadville. A Soil Remediation Site 
Plan was developed under the direction of the Kids First Program, 
pursuant to the Record of Decision for Residential Soils. Testing 
revealed that soils exceeded the trigger level of 3,500 ppm lead, and 
remedial actions involved the removal of 231 cubic yards of soil. 
Existing playground equipment was also removed. The excavated area was 
then filled with top soil and revegetated. Soil confirmation samples 
indicated that the soil lead concentrations were below the established 
action levels of 3,500 ppm lead.

Five Year Review

    Based on the successful completion of the Removal Action and the 
Remedial Action, there are no further response actions planned or 
scheduled for subunits A and B, residential waste rock piles, and the 
park and playgrounds within OU 9.
    Because this decision results in hazardous substances remaining on 
site,

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above health-based levels, five-year reviews of the previous response 
actions will be required pursuant to the NCP. These reviews will be 
conducted in conjunction with site-wide five-year reviews. The Second 
Five Year Review Report for California Gulch, signed in September of 
2001, concluded that the remedy for OU 9 currently protects human 
health and the environment. The next five-year review at the California 
Gulch Site is scheduled for completion in September of 2006.

Community Involvement

    The Draft Mine waste Engineering Evaluation and Cost Analysis (EE/
CA) was issued for public comment. A public meeting was held on 
December 19, 1995 to discuss the Removal Action for the mine waste 
piles located within OU 9. The EPA notified the citizens of Leadville 
by the release of and acceptance of public comment concerning the Mine 
Waste EE/CA for OU 9.
    In November of 1998, EPA issued a Proposed Plan describing the 
Agency's preferred alternative to address risks to residents from lead 
in soils and other sources within OU 9. A public meeting to discuss the 
Proposed Plan was held in Leadville on November 19, 1998. Public 
comment on the Proposed Plan was accepted from November 12, 1998 
through December 14, 1998. EPA then issued a Record of Decision for OU 
9 presenting the selected remedy for the Residential Populated Areas of 
OU 9, California Gulch Superfund Site.
    The State of Colorado, through the Colorado Department of Health 
and Environment, submitted a proposal for the deletion of subunits A 
and B within OU 9 on November 3, 2000. The petition of partial deletion 
requested EPA proceed with preparation of the Notice of Intent for 
Partial Deletion (NOIPD).
    Public Participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and section117, 42 U.S.C. 
9617. Documents in the deletion docket which EPA relied on for 
recommendation of the partial deletion from the NPL are available to 
the public in the information repositories.

V. Partial Deletion Action

    The EPA, with concurrence of the State of Colorado, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than five-year 
reviews, are necessary. Therefore, EPA is deleting subunits A and B, 
residential waste rock piles, and the parks and playgrounds within OU 
9, California Gulch Superfund Site 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 April 22, 2002 unless EPA receives adverse comments by 
March 22, 2002. 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 deletion and it will not take effect and, 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 requirements, Superfund, Water 
pollution control, Water supply.

    Dated: January 30, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region 8.

    For the reasons set out in this document, 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.

Appendix B--[Amended]

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

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

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[FR Doc. 02-3919 Filed 2-19-02; 8:45 am]
BILLING CODE 6560-50-P