[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Proposed Rules]
[Pages 54821-54822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9198-7]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List; Intent for Partial Deletion of the Denver 
Radium Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a Notice of Intent to Delete each of the 11 operable units, with the 
exception of groundwater contamination associated with Operable Unit 8, 
of the Denver Radium Superfund Site (Site), located in the City and 
County of Denver, Colorado, from the National Priorities List (NPL) and 
requests public comments on this proposed action. Groundwater 
associated with Operable Unit 8 will remain on the NPL. 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 operations and maintenance and five-year reviews, 
have been completed. However, this deletion does not preclude future 
actions under Superfund.
    This partial deletion pertains to each of the 11 operable units of 
the Denver Radium Superfund Site. Groundwater contamination associated 
with Operable Unit 8 will remain on the NPL and is not being considered 
for deletion at this time.

DATES: Comments must be received by October 12, 2010.

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: [email protected].
     Fax: 303-312-7110 (Attention: John Dalton, Public Affairs 
and Involvement).
     Mail: John Dalton, Public Affairs and Involvement (8OCPI), 
U.S. EPA

[[Page 54822]]

Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
6633.
     Hand delivery: Environmental Protection Agency, 1595 
Wynkoop Street, Denver, Colorado. 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 the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at: U.S. 
Environmental Protection Agency Region 8 Records Center, 1595 Wynkoop 
Street, Denver, CO 80202, Hours: M-F, 8 a.m. to 4 p.m., Colorado 
Department of Public Health and the Environment, 4300 Cherry Creek 
Drive South, Denver, CO 80246, Hours: M-F, 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager (8EPR-
SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, (303) 312-6552, [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 each of the 11 operable units, with the exception 
of groundwater contamination associated with Operable Unit 8, of the 
Denver Radium 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: August 31, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2010-22488 Filed 9-8-10; 8:45 am]
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