[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Proposed Rules]
[Pages 58575-58576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26956]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-8979-3]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the California Gulch 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a proposed rule, a Notice of Intent to Delete Operable Unit 8 (OU8) of 
the California Gulch Superfund Site (Site) located in Lake County, 
Colorado, from the National Priorities List (NPL) and requests public 
comments on this proposed action. The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
The EPA and the State of Colorado, through the Colorado Department of 
Public Health and Environment, have determined that all appropriate 
response actions at these identified parcels under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.
    This partial deletion pertains to all of OU8 including the 
impounded tailing, non-residential area soils, waste rock, fluvial 
tailing and stream sediment. The Yak Tunnel (OU1), D&RGW Slag piles and 
Easement (OU3), Upper California Gulch (OU4), Asarco Smelter/Colorado 
Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailings 
(OU7), Residential Soils excluding Subunits A and B, waste rock piles, 
and parks and playgrounds (OU9), Arkansas River Floodplain (OU11), and 
Site-wide Surface and Groundwater Quality (OU12) will remain on the NPL 
and are not being considered for deletion as part of this action.

DATES: Comments must be received by December 14, 2009.

ADDRESSES:
    Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-
1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: Linda Kiefer, [email protected].

[[Page 58576]]

     Fax: (303) 312-7151.
     Mail: Linda Kiefer, Remedial Project Manager, 
Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595 
Wynkoop Street, Denver, CO 80202-1129.
     Hand delivery: Environmental Protection Agency, Region 8, 
Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at: U.S. EPA Region 8, 
Superfund Records Center, 1595 Wynkoop Street, Denver, CO 80202. (303) 
312-6473 or toll free (800) 227-8917; Viewing hours: 8 a.m. to 4:30 
p.m., Monday through Friday, excluding holidays. Lake County Public 
Library, 1115 Harrison Avenue, Leadville, CO 80461, (719) 486-0569

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6689 e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    In the ``Rules and Regulations'' Section of today's Federal 
Register, we are publishing a direct final Notice of Partial Deletion 
for Operable Unit 8 (OU8) of the California Gulch Superfund Site 
without prior Notice of Intent for Partial Deletion because EPA views 
this as a noncontroversial revision and anticipates no adverse comment. 
We have explained our reasons for this partial deletion in the preamble 
to the direct final Notice of Partial Deletion, and those reasons are 
incorporated herein. If we receive no adverse comment(s) on this 
partial deletion action, we will not take further action on this Notice 
of Intent for Partial Deletion. If we receive adverse comment(s), we 
will withdraw the direct final Notice of Partial Deletion and it will 
not take effect. We will, as appropriate, address all public comments 
in a subsequent final Notice of Partial Deletion based on this Notice 
of Intent for Partial Deletion. We will not institute a second comment 
period on this Notice of Intent for Partial Deletion. Any parties 
interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial 
Deletion which is located in the Rules section of this Federal 
Register.

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.

    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.

    Dated: October 22, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-26956 Filed 11-12-09; 8:45 am]
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