Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6827 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9936– 

88–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 (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

Notice of Intent to Delete the Operable 

Unit 1 (OU1) Yak Tunnel/Water 

Treatment Plant; and Operable Unit 3 

(OU3), Denver & Rio Grande Western 

Railroad Company (D&RGW) Slag Piles/ 

Railroad Easement/Railroad Yard, 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 the Environment, have determined 

that all appropriate response actions at 

OU1 and OU3 under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

March 10, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by mail to Linda 

Kiefer, Remedial Project Manager, 

Environmental Protection Agency, 

Region 8, Mail Code 8EPR–SR, 1595 

Wynkoop Street, Denver, CO 80202– 

1129. Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

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: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for all of OU1 and OU3 

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. 

This partial deletion pertains to all of 

OU1 and OU3. Operable Unit 2 (OU2), 

Malta Gulch Tailing Impoundments and 

Lower Malta Gulch Fluvial Tailing; 

Operable Unit 4 (OU4) Upper California 

Gulch; Operable Unit 5 (OU5), ASARCO 

Smelters/Slag/Mill Sites; Operable Unit 

7 (OU7), Apache Tailing Impoundment; 

Operable Unit 8 (OU8), Lower California 

Gulch; Operable Unit 9 (OU9), 

Residential Populated Areas; and 

Operable Unit 10 (OU10), Oregon 

Gulch, were previously deleted from the 

NPL. Operable Unit 6 (OU6), Starr 

Ditch/Stray Horse Gulch/Lower Evans 

Gulch/Penrose Mine Waste Pile; 

Operable Unit 11 (OU11), Arkansas 

River Floodplain; and Operable Unit 12 

(OU12), Site-wide Surface and 

Groundwater Quality, are not being 

considered for deletion as part of this 

action and will remain on the NPL. 

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: January 15, 2016. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2016–02599 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

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