[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Proposed Rules]
[Pages 51221-51222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21781]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7549-4]


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 public comment periods.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announced 
its intent to delete the Selected Perimeter Area (SPA, 68 FR 44259) and 
the Surface Deletion Area (SDA, 68 FR 44265) of the Rocky Mountain 
Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable 
Unit (OU) from the National Priorities List (NPL) on July 28, 2003. 
Both 30-day public comment periods are scheduled to end on August 26, 
2003. EPA has received a written request to extend these public comment 
periods. In response, EPA is extending both public comment periods for 
an additional 30 days concluding on September 25, 2003.
    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 SPA and SDA portions 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.
    The partial deletions pertain only to the SPA and SDA of the On-
Post OU of the RMA/NPL Site and do not include the Off-Post OU or the 
rest of the On-Post OU. The Off-Post OU and rest of the On-Post OU will 
remain on the NPL and response activities will continue at those OUs.

DATES: Comments concerning the proposed partial deletions may be 
submitted to EPA on or before September 25, 2003.

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 both proposed partial deletions, is available 
through EPA's Region 8 Superfund Records Center in Denver, Colorado. 
Documents are available for viewing by appointment from 8 a.m. to 4 
p.m., Monday through Friday excluding holidays by calling (303) 312-
6473. The Administrative Record for the RMA/NPL Site and the Deletion 
Dockets for these partial deletions 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 p.m. to 4 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 Region 8 announces a thirty 
(30) day extension of the public comment periods for the proposed 
deletion of the Selected Perimeter Area and Surface Deletion Area of 
the Rocky Mountain Arsenal National Priorities List (RMA/NPL) Site, 
Commerce City, Colorado, from the National Priorities List and requests 
comment on these proposed actions. The NPL constitutes appendix B of 
the National Oil and Hazardous Substances Pollution Contingency Plan, 
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). 
The partial deletions

[[Page 51222]]

from the RMA/NPL Site are 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 (November 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 the SPA and SDA 
partial deletions from the RMA/NPL Site until September 25, 2003.
    Section II of this action explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for these proposed partial deletions. Section IV explains how the SPA 
and SDA each meet 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 
Sec.  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 areas deleted if future site 
conditions warrant such actions.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec.  300.425(e) of the NCP has been met, EPA may formally begin 
deletion procedures. The following procedures were used for the 
proposed deletion of the SPA and SDA portions of the RMA/NPL Site:
    (1) EPA has recommended the partial deletions and prepared the 
relevant documents.
    (2) The State of Colorado, through the CDPHE, concurred with 
publication of the notices of intent for partial deletion.
    (3) Concurrent with the national Notices 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 for each deletion package, both ending August 26, 
2003, based upon publication of the notices 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 periods, which end on 
September 25, 2003.
    (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 periods, EPA Region 8 will evaluate each significant 
comment and any significant new data received before issuing a final 
decision concerning the proposed partial deletions. EPA will prepare a 
responsiveness summary for both the SPA and SDA for each significant 
comment and any significant new data received during the public comment 
periods and will address concerns presented in such comments and data. 
The responsiveness summaries 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 packages. Members of the public 
are encouraged to contact EPA Region 8 to obtain a copy of the 
responsiveness summaries. If, after review of all such comments and 
data, EPA determines that either of the partial deletions from the NPL 
is appropriate, EPA will publish a final notice of partial deletion in 
the Federal Register. Deletion of the SPA or the SDA from the RMA/NPL 
Site does not actually occur until a final notice of partial deletion 
is published in the Federal Register. A copy of each final partial 
deletion package will be placed at the EPA Region 8 office and the 
information repository listed above after the final documents have 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 periods for the proposed partial deletions from the RMA/NPL 
Site. EPA Region 8 announced its intent to delete the SPA and SDA 
portions of the RMA/NPL Site from the NPL on July 28, 2003. The 
original basis for deleting the SPA and SDA from the RMA/NPL Site has 
not changed. The Federal Register notice for the SPA (68 FR 44259) and 
the SDA (68 FR 44265) provide a thorough discussion of the bases for 
the intended partial deletions.

    Dated: August 18, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 03-21781 Filed 8-25-03; 8:45 am]
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