[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Rules and Regulations]
[Pages 2306-2307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-835]



[[Page 2306]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7609-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of partial deletion of the Rocky Mountain Arsenal 
National Priorities List Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the deletion of the Surface Deletion Area of the Rocky Mountain Arsenal 
National Priorities List (RMA/NPL) Site from the National Priorities 
List (NPL). 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), as amended. EPA and the State of Colorado, through the 
Colorado Department of Public Health and Environment (CDPHE), have 
determined that the Surface Deletion Area of the RMA/NPL Site poses no 
significant threat to public health or the environment and, therefore, 
no further remedial measures pursuant to CERCLA are appropriate.
    This partial deletion pertains to the surface (soil, surface water, 
sediment) and structures media only and excludes the groundwater media 
of the Surface Deletion Area of the On-Post OU of the RMA/NPL Site. The 
Selected Perimeter Area of the On-Post OU RMA/NPL Site, composed of the 
surface, structures, and groundwater media within an additional 4,930 
acres, also is being deleted at this time. The rest of the On-Post and 
Off-Post OUs will remain on the NPL. This partial deletion of the 
Surface Deletion Area will not change Appendix B of 40 CFR part 300, 
which was previously amended in January 2003 (68 FR 2699) to reflect 
that a partial deletion of 1.5 square miles from the RMA/NPL Site had 
occurred.

EFFECTIVE DATE: January 15, 2004.

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. Information on the RMA/
NPL Site as well as the Deletion Docket and the Responsiveness Summary 
for this partial deletion are available at 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, which includes the Deletion Docket and Responsiveness 
Summary for the partial deletion of the Surface Deletion and Selected 
Perimeter Areas, is maintained at the Joint Administrative Records 
Document Facility, Rocky Mountain Arsenal, 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.

SUPPLEMENTARY INFORMATION: The Rocky Mountain Arsenal National 
Priorities List (RMA/NPL) Site is located in southern Adams County, 
Colorado, approximately eight miles northeast of downtown Denver. The 
On-Post operable unit (OU) of the RMA/NPL Site addresses the source 
areas of contamination within the boundaries of RMA proper. The Off-
Post OU addresses contamination north and northwest of the RMA proper 
boundaries. The Surface Deletion Area consists of 123 acres on the 
northern and southern perimeter of the On-Post OU in Commerce City, 
Colorado.
    This partial deletion pertains to the surface (soil, surface water, 
sediment) and structures media only and excludes the groundwater media 
of the Surface Deletion Area of the On-Post OU of the RMA/NPL Site. The 
Selected Perimeter Area of the On-Post OU RMA/NPL Site, composed of the 
surface, structures, and groundwater media within an additional 4,930 
acres, also is being deleted at this time. The rest of the On-Post and 
Off-Post OUs will remain on the NPL.
    On July 28, 2003, EPA published a Notice of Intent for Partial 
Deletion (NOIDp) in the Federal Register (68 FR 44265) and local 
newspapers which proposed to delete the Surface Deletion Area from the 
RMA/NPL Site. Comments received during the public comment period 
primarily focused on the application of institutional controls and 
five-year reviews once the proposed property is deleted, as well as 
understanding how the boundaries of the Surface Deletion Area were 
chosen. EPA also received 17 letters of support for proceeding with the 
partial deletion and two letters which provided recommendations but did 
not state a preference regarding the deletion.
    In our Responsiveness Summary, EPA explained how institutional 
controls are currently in place for the entire On-Post OU as required 
by the 1989 Federal Facilities Agreement, 1992 RMA National Wildlife 
Refuge Act, and 1996 Record of Decision for the RMA/NPL Site. These 
documents require the transfer of the 100-foot wide areas along the 
perimeter of the On-Post OU to State/local governments for road 
widening ``be subject to perpetual restrictions that are attached to 
any deed to such property.'' Use restrictions for the remainder of the 
deleted Surface Deletion Area will be managed by the U.S. Fish and 
Wildlife Service as outlined in the Interim RMA Institutional Control 
Plan, in coordination with the U.S. Army. The effectiveness of the 
institutional controls will be assessed as part of five-year reviews.
    Five-year reviews for the RMA/NPL Site are conducted in accordance 
with EPA's Comprehensive Five-Year Review Guidance. As the lead agency 
for the RMA/NPL Site, the Army is responsible for conducting each site-
wide, five-year review regardless of land transfer. While the Army 
cannot transfer this responsibility, they can contract with another 
agency or third party to conduct the actual five-year review 
activities. The next year-long, five-year review process, which 
includes public participation, is expected to begin in late 2004 so it 
can be completed by the December 2005 schedule.
    EPA's responsiveness summary further explained how only areas which 
met the criteria of ``Responsible parties or other persons have 
implemented all appropriate response actions required'' (40 CFR 
300.425(e)(1)(i)) were considered for deletion. Not all property that 
met the deletion criteria were included in EPA's proposal for deletion. 
However, the Surface Deletion Area, in combination with the Surface 
Deletion Area, will allow the U.S. to effect the 1992 RMA National 
Wildlife Refuge Act and provide a direct benefit to communities 
adjacent to RMA by making the 100-foot-strips available for road 
widening which will ease access to Denver International Airport. The 
remainder of the Selected Perimeter and Surface Deletion Areas will 
provide for the establishment of a refuge of significant size 
encompassing the southern zone and the existing Visitor Center, the 
areas of highest public use.
    The 17 entities who support the partial deletion cited their 
confidence in the environmental studies and the thoroughness of the 
cleanup activities conducted by the Army and Shell to meet standards 
set by EPA, the State of Colorado, and the Tri-County Health 
Department. EPA agrees that completion

[[Page 2307]]

of the remedy requirements as well as recent site-wide studies 
adequately demonstrate that the Surface Deletion Area does not present 
a threat to the environment or human health and it is appropriate to 
delete the Surface Deletion Area from the RMA/NPL Site.
    EPA identifies sites that appear to present a significant risk to 
public health, welfare, or the environment and maintains the NPL as the 
list of those sites. Any site deleted from the NPL remains eligible for 
Fund-financed actions in the unlikely event that conditions at the site 
warrant such action. Section 300.425(e)(3) of the NCP states that Fund-
financed actions may be taken at sites deleted from the NPL. Deletion 
of a site from the NPL does not affect responsible party liability or 
impede Agency efforts to recover costs associated with response 
efforts.

Lists 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: January 5, 2004.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 04-835 Filed 1-1-04; 8:45 am]
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