[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Proposed Rules]
[Pages 65082-65083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27130]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7399-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Rocky Mountain 
Arsenal National Priorities List Site from the National Priorities 
List; extension of the public comment period.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announced 
its intent to delete the western tier parcel of the Rocky Mountain 
Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable 
Unit (OU) from the National Priorities List (NPL) on September 23, 2002 
(67 FR 59487). The 30-day public comment period is scheduled to end on 
October 23, 2002. During the public meeting held on October 10, 2002, a 
formal request was made to extend the public comment period. In 
response, EPA is extending the public comment period for an additional 
30 days concluding on November 22, 2002.
    The NPL constitutes Appendix B of 40 CFR part 300 which is 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).
    EPA bases its proposal to delete the western tier of the RMA/NPL 
Site 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 to protect human 
health, welfare, and the environment and that no further response 
action by responsible parties is appropriate.
    This partial deletion pertains only to the western tier of the On-
Post OU of the RMA/NPL Site and does not include the rest of the On-
Post OU or the Off-Post OU. The rest of the On-Post OU and the Off-Post 
OU will remain on the NPL and response activities will continue at 
those OUs.

DATES: Comments concerning this proposed partial deletion may be 
submitted to EPA on or before November 22, 2002.

ADDRESSES: Comments may be mailed to: Catherine Roberts, Community 
Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street, 
Suite 300, Denver, Colorado, 80202-2466, 1-800-227-8917 or (303) 312-
6025.
    Comprehensive information on the RMA/NPL Site, as well as 
information specific to this proposed partial deletion, is available 
through EPA's Region 8 Superfund Records Center in Denver, Colorado. 
Documents are available for viewing by appointment from 8:00 a.m. to 
4:00 p.m., Monday through Friday excluding holidays by calling (303) 
312-6473. The Administrative Record for the RMA/NPL Site and the 
Deletion Docket for this partial deletion are maintained at the Joint 
Administrative Records Document Facility, Building 129, Room 2024, 
Commerce City, Colorado 80022-1748, (303) 289-0362. Documents are 
available for viewing from 12:00 p.m. to 4:00 p.m., Monday through 
Friday or by appointment.

FOR FURTHER INFORMATION CONTACT: Ms. Laura Williams, Remedial Project 
Manager (8EPR-F), U.S. EPA, Region 8, 999 18th Street, Suite 300, 
Denver Colorado, 80202-2466, (303) 312-6660.

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 (EPA) Region 8 announces a 
thirty (30) day extension of the public comment period for the intent 
to delete the western tier parcel of the Rocky Mountain Arsenal 
National Priorities List (RMA/NPL) Site, Commerce City, Colorado, from 
the National Priorities List (NPL) and requests comment on this 
proposed action. The NPL constitutes Appendix B of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, 
which EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), 42 
U.S.C. 9605. 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. Sites on the NPL may be the subject of remedial 
actions financed by the Hazardous Substance Superfund (Fund). This 
partial deletion of the Site is proposed in accordance with 40 CFR 
300.425(e) and Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List (60 FR 55466 (Nov. 1, 1995)). As 
described in 40 CFR 300.425(e)(3), portions of a site deleted from the 
NPL remain eligible for further remedial actions if warranted by future 
conditions.
    EPA will accept comments concerning its intent for partial deletion 
of the RMA/NPL Site until November 22, 2002.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this proposed partial deletion. Section IV discusses the western 
tier of the RMA/NPL Site and explains how it meets the deletion 
criteria.

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 
section 300.425(e), 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 remedial measures is not 
appropriate.
    A partial deletion of a site from the NPL does not affect or impede 
EPA's ability to conduct CERCLA response activities for portions not 
deleted from 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. The 
U.S. Army and Shell Oil Company will be responsible for all future 
remedial actions required at the area deleted if

[[Page 65083]]

future site conditions warrant such actions.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Section 300.425(e) of the NCP has been met, EPA may formally begin 
deletion procedures. The following procedures were used for this 
proposed deletion of the western tier of the RMA/NPL Site:
    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Colorado, through the CDPHE, concurred with 
publication of the notice of intent for partial deletion.
    (3) Concurrent with the national Notice of Intent for Partial 
Deletion, a local notice was published in a newspaper of record and 
distributed to appropriate federal, State, and local officials, and 
other interested parties. These notices announced a thirty (30) day 
public comment period on the deletion package, ending October 23, 2002, 
based upon publication of the notice in the Federal Register and a 
local newspaper of record.
    (4) Concurrent with this national Notice of the Public Comment 
Extension, a local notice has been published in a newspaper of record 
and has been distributed to appropriate federal, State, and local 
officials, and other interested parties. These notices announce a 
thirty (30) day extension of the public comment period, which ends on 
November 22, 2002.
    (5) EPA has made all relevant documents available at the 
information repositories listed previously for public inspection and 
copying.
    Upon completion of the thirty (30) calendar day extension of the 
public comment period, EPA Region 8 will evaluate each significant 
comment and any significant new data received before issuing a final 
decision concerning the proposed partial deletion. EPA will prepare a 
responsiveness summary for each significant comment and any significant 
new data received during the public comment period and will address 
concerns presented in such comments and data. The responsiveness 
summary will be made available to the public at the EPA Region 8 office 
and the information repository listed above and will be included in the 
final deletion package. Members of the public are encouraged to contact 
EPA Region 8 to obtain a copy of the responsiveness summary. If, after 
review of all such comments and data, EPA determines that the partial 
deletion from the NPL is appropriate, EPA will publish a final notice 
of partial deletion in the Federal Register. Deletion of the western 
tier of the RMA/NPL Site does not actually occur until a final notice 
of partial deletion is published in the Federal Register. A copy of the 
final partial deletion package will be placed at the EPA Region 8 
office and the information repository listed above after a final 
document has been published in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    This notice announces a thirty (30) day extension of the public 
comment period for the proposed partial deletion of the RMA/NPL Site. 
EPA Region 8 announced its intent to delete the western tier parcel of 
the RMA/NPL Site from the NPL on September 23, 2002. The original basis 
for deleting the western tier parcel from the RMA/NPL Site has not 
changed. The Federal Register notice (67 FR 59487) provides a thorough 
discussion of the basis for the intended western tier parcel deletion.

    Dated: October 16, 2002.
Robert E. Roberts,
Regional Administrator, U.S. Environmental Protection Agency, Region 8.
[FR Doc. 02-27130 Filed 10-22-02; 8:45 am]
BILLING CODE 6560-50-P