[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)]
[Rules and Regulations]
[Pages 55479-55480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22747]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9199-5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Rocky Mountain 
Arsenal Federal Facility

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the deletion of portions of the On-Post Operable Unit (OU3), 
specifically the Central and Eastern Surface Areas including surface 
media and structures (CES), and the surface media of the Off-Post 
Operable Unit (OU4) (OPS) of the Rocky Mountain Arsenal Federal 
Facility (RMA) located in Commerce City, Colorado from the National 
Priorities List (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

[[Page 55480]]

Hazardous Substances Pollution Contingency Plan (NCP). This partial 
deletion pertains to the surface media (soil, surface water, sediment) 
and structures (both former structures that have been demolished and 
structures retained for future use) within the CES and the surface 
media of the entire OPS. The rest of the On-Post OU, including 
groundwater below RMA that is west of E Street, and the groundwater 
that comprises the Off-Post OU will remain on the NPL and is not being 
considered for deletion as part of this action. Response activities 
will continue at those OUs. The EPA and the State of Colorado, through 
the Colorado Department of Public Health and Environment (CDPHE), have 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, and five-year reviews, have been 
completed. However, the deletion of these parcels does not preclude 
future actions under Superfund.

DATES: Effective Date: This action is effective September 13, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1987-0002. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the site information repositories. Locations, contacts, 
phone numbers and viewing hours are:

--EPA's Region 8 Superfund Records Center, 1595 Wynkoop Street, Denver, 
Colorado 80202-2466. Hours: 8 a.m. to 4 p.m. by appointment (call 303-
312-6473), Monday through Friday, excluding legal holidays; and the
--Joint Administrative Records Facility, Rocky Mountain Arsenal, 5650 
Havana Street, Building 129, Commerce City, Colorado 80022-1748. Hours: 
12 p.m. to 4 p.m., Monday through Friday, excluding legal holidays, or 
by appointment (call 303-289-0983).

FOR FURTHER INFORMATION CONTACT: Jennifer Chergo, Community Involvement 
Coordinator (8OC), U.S. Environmental Protection Agency, Region 8, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 1-800-227-8917 or 303-312-
6601; fax number: 303-312-7110; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is the surface media (soil, surface water, sediment) and 
structures (both former structures that have been demolished and 
structures retained for future use) within the CES and the surface 
media of the entire OPS. A Notice of Intent for partial Deletion for 
this Site was published in the Federal Register on June 17, 2010. The 
RMA Site-Specific Advisory Board (SSAB) requested additional time to 
adequately review the documentation. The public comment period for the 
NOIDp was extended through August 16, 2010 (75 FR 42361).
    EPA received comment letters from seven organizations/individuals. 
Authors of five of the letters voiced their support for proceeding with 
the partial deletion based upon their confidence in the thoroughness of 
the cleanup activities conducted by the U.S. Army and Shell Oil 
Company; though one letter, from the Audubon Society of Greater Denver, 
was received after the public comment period closed. Authors of the 
remaining two letters were opposed to the proposed partial deletion of 
the CES and OPS. All public comments and EPA's responses are included 
in a Responsiveness Summary document available in both the docket, EPA-
HQ-SFUND-1987-0002, at http://www.regulations.gov and in the local 
repositories listed above. Based on our responses to these comments, 
and in consultation with the State of Colorado through CDPHE, EPA has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, and five-year reviews, have been completed 
and it is appropriate to proceed with deletion of the CES and the OPS.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion of a site from the NPL does not preclude further remedial 
action. Whenever there is a significant release from a site deleted 
from the NPL, the deleted site may be restored to the NPL without 
application of the hazard ranking system. Deletion of portions of a 
site from the NPL does not affect responsible party liability, in the 
unlikely event that future conditions warrant further actions.

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.

    Dated: September 2, 2010.
Stephen S. Tuber,
Acting Regional Administrator, Region 8.
[FR Doc. 2010-22747 Filed 9-10-10; 8:45 am]
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