63540 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9918– 

37–Region 8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the California Gulch 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces the 

deletion of the Operable Unit 4 (OU4), 

Upper California Gulch; Operable Unit 

5 (OU5), ASARCO Smelters/Slag/Mill 

Sites; and Operable Unit 7 (OU7), 

Apache Tailing Impoundment, of the 

California Gulch Superfund Site (Site) 

located in Lake County, 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 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the Operable Unit 4, 

Upper California Gulch (media of 

concern—waste rock and fluvial tailing 

piles); Operable Unit 5, ASARCO 

Smelters/Slag/Mill Sites (media of 

concern—slag and soil); and Operable 

Unit 7, Apache Tailing Impoundment 

(media of concern—tailing and soil), of 

the California Gulch Superfund Site 

(Site). Operable Unit 2, Malta Gulch; 

Operable Unit 8, Lower California 

Gulch; Operable Unit 9, Residential 

Populated Areas; and Operable Unit 10, 

Oregon Gulch were partially deleted by 

previous rules. Operable Unit 1, the Yak 

Tunnel/Water Treatment Plant; 

Operable Unit 3, the Denver & Rio 

Grande Western Railroad Company Slag 

Piles/Railroad Easement/Railroad Yard; 

Operable Unit 6, Starr Ditch/Penrose 

Dump/Stray Horse Gulch/Evans Gulch; 

Operable Unit 11, the Arkansas River 

Floodplain; and Operable Unit 12 

(OU12), Site-wide Water Quality will 

remain on the NPL and is/are not being 

considered for deletion as part of this 

action. The EPA and the State of 

Colorado, through the Colorado 

Department of Public Health and the 

Environment, 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: This action is effective October 

24, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1983–0002. 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 in http://

www.regulations.gov or in hard copy: 

Æ By calling EPA Region 8 at (303) 

312–7279 and leaving a message, or 

Æ At the Lake County Public Library, 

1115 Harrison Avenue, Leadville, CO 

80461, (719) 486–0569, Monday and 

Wednesday from 10:00 a.m.–8:00 p.m., 

Tuesday and Thursday from 10:00 a.m.– 

5:00 p.m., and Friday and Saturday 1:00 

p.m.–5:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Linda Kiefer, Remedial Project Manager, 

Environmental Protection Agency, 

Region 8, Mail Code 8EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129, (303) 312–6689, email: 

kiefer.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

portion of the site to be deleted from the 

NPL is: Operable Unit 4, Upper 

California Gulch; Operable Unit 5, 

ASARCO Smelters/Slag/Mill Sites; and 

Operable Unit 7, Apache Tailing 

Impoundment, of the California Gulch 

Superfund Site (Site) in Lake County, 

Colorado. A Notice of Intent for Partial 

Deletion for this Site was published in 

the Federal Register (79 FR 47043) on 

August 12, 2014. 

The closing date for comments on the 

Notice of Intent for Partial Deletion was 

September 11, 2014. Two public 

comments were received. One comment 

supported the partial deletion. The 

other comment requested that the OU4, 

OU5 and OU7 not be partially deleted 

due to concerns over water quality. In 

response, water quality has greatly 

improved since the NPL listing in 1983. 

The Upper Arkansas was recently 

designated a Colorado Parks and 

Wildlife Gold Medal Fishing area. The 

media covered in OU4, OU5 and OU7 

are wastes from mining, milling and 

smelting activities. The general remedial 

action objectives of OU4, OU5, and OU7 

were to contain and control sources of 

contamination. Surface water and 

ground water quality were not 

specifically addressed in the remedies 

for these operable units. Site-wide water 

quality is specifically addressed in 

OU12, which is an active operable unit. 

Under OU12, response action can be 

conducted anywhere on the Site if 

needed to address releases that impact 

or may impact water quality goals in the 

Arkansas River. In OU4, OU5 and OU7, 

all responses actions have been 

completed and institutional controls are 

in place. A responsiveness summary 

was prepared and placed in both the 

docket, EPA–HQ–SFUND–1983–0002, 

on www.regulations.gov, and in the 

local repository listed above. 

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. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR 

2013 Comp., p. 306; 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 9, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–25286 Filed 10–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL EMERGENCY 

MANAGEMENT AGENCY 

44 CFR Parts 204 and 206 

[Docket ID FEMA–2013–0004] 

RIN 1660–AA78 

Disaster Assistance; Fire Management 

Assistance Grant (FMAG) Program— 

Deadline Extensions and 

Administrative Correction 

AGENCY: Federal Emergency 

Management Agency, DHS. 


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