28102 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

the integrity of the slurry wall and the

‘‘health’’ of the biological community in

Brodhead Creek. This will provide long

term protection against the unlikely

event that Site conditions might change

and potential exposures increase. In

addition, the slurry wall installed at the

Site will continue to prevent free coal

tar from discharging to Brodhead Creek.

C. Future Activity

Operation and Maintenance

Operation and Maintenance (O&M)

activities, which are performed by

PP&L(now known as PPL Electric

Utilities Corporation (PPL)) with EPA

oversight, include periodic inspections,

ground water monitoring, stream

sediment and biota monitoring, and the

removal of relatively minor amounts of

free coal tar from the two

stratigraphically isolated areas of the

Site, as necessary, but no less often than

annually, and any other activities

necessary to ensure continued

protection of public health and the

environment. The free coal tar removal,

in conjunction with long-term ground

water monitoring, will continue to

ensure the effectiveness of the

completed remedy at the Brodhead

Creek Site.

Five-Year Review

CERCLA requires a five-year review of

all sites with hazardous substances

remaining above the health based levels

for unrestricted use of the Site. Since

residual coal tar contamination and

ground water contamination remain at

the Site, the five-year review process

will be used to ensure that the selected

remedy continues to be protective of

human health and the environment.

EPA completed the first five-year review

of the Brodhead Creek Site on May 28,

1999. In that five-year review, EPA

determined that the remedy was not

completely protective of human health

and the environment because

institutional controls on future land use

at the Site had not yet been

implemented. On September 22, 2000,

institutional controls which limit future

land use at the Brodhead Creek Site

were implemented by PPL and UGC

(now known as PFG Gas, Inc.), and

recorded at the Monroe County

Courthouse, Recorder of Deeds Office,

in Stroudsburg, Pennsylvania. These

controls include restricting use of

ground water at the Site and prohibiting

excavation at the Site unless prior

written approval is provided by the

property owner, EPA, and PADEP.

These institutional controls will

reinforce the protectiveness of the

selected remedy. EPA has determined

that all requirements of the ROD for

OU–1, as modified by the ESDs dated

July 14, 1994 and September 30, 1997,

have been achieved at the Site and the

Site is protective of human health and

the environment. EPA plans to complete

the next five year review prior to May

28, 2004.

D. Community Involvement

Public participation activities have

been satisfied as required in CERCLA

Section 113(k), 42 U.S.C. 9613(k), and

CERCLA Section 117, 42 U.S.C 9617.

Documents in the deletion docket which

EPA relied on for recommendation of

the deletion from the NPL are available

to the public in the information

repositories.

V. Deletion Action

The EPA, with the concurrence of the

Commonwealth of Pennsylvania, has

determined that all appropriate

responses under CERCLA have been

completed, and that no further response

actions, under CERCLA, other than

O&M and five-year reviews, are

necessary. Therefore, EPA is deleting

the Site from the NPL.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication of a

notice of intent to delete. This action

will be effective July 23, 2001 unless

EPA receives adverse comments by June

21, 2001 on this document. If adverse

comments are received within the 30-

day public comment period on this

document to delete, EPA will publish a

timely withdrawal of this direct final

deletion before the effective date of the

deletion and the deletion will not take

effect. EPA will prepare a response to

comments and continue with the

deletion process on the basis of the

notice of intent to delete and the

comments already received. There will

be no additional opportunity to

comment.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

Substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: March 8, 2001.

Thomas C. Voltaggio,

Acting Regional Administrator, U.S. EPA

Region III.

For the reasons set out in this

document, 40 CFR Part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

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.

Appendix B—[Amended]

2. Table 1 of Appendix B to Part 300

is amended by removing the site for

‘‘Brodhead Creek, Stroudsburg, PA.’’

[FR Doc. 01–12707 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6969–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final deletion of the

Salem Acres Superfund Site from the

National Priorities List.

SUMMARY: EPA—New England is

publishing a direct final deletion of the

Salem Acres Superfund Site (Site),

located in Salem, Massachusetts, 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

Appendix B of 40 CFR Part 300, which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP). This direct final deletion is being

published by EPA with the concurrence

of the Commonwealth of Massachusetts,

through the Department of

Environmental Protection (MADEP)

because EPA has determined that all

appropriate response actions under

CERCLA have been completed and,

therefore, further remedial action

pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be

effective July 23, 2001 unless EPA

receives adverse comments by June 21,

2001. If adverse comments are received,

EPA will publish a timely withdrawal of

the direct final deletion in the Federal

Register informing the public that the

deletion will not take effect.

ADDRESSES: Comments may be mailed to

Elaine Stanley, Remedial Project

Manager, U.S. Environmental Protection

Agency—New England, One Congress

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28103

Street, Suite 1100 (HBO), Boston,

Massachusetts 02114–2023, (617) 918–

1332, Fax (617) 918–1291, e-mail:

stanley.elainet@epa.gov.

Information Repositories:

Comprehensive information about the

Site is available for viewing and copying

at the Site information repositories

located at: U.S. Environmental

Protection Agency—New England

Records Center, One Congress Street,

Suite 1100, (HBS), Boston,

Massachusetts 02114–2023, (617) 918–

1440 or 1–800–252–3402-toll-free,

Monday through Friday—9 a.m. to 5

p.m.; and the Salem Public Library, 370

Essex Street, Salem, Massachusetts

01970, (978) 744–0860, Monday through

Thursday—9 a.m. to 9 p.m., Friday and

Saturday—9 a.m. to 5 p.m. and

Sunday—1 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT:

Elaine Stanley, Remedial Project

Manager, U.S. Environmental Protection

Agency, One Congress Street, Suite 1100

(HBO), Boston, Massachusetts 02114–

2023, (617) 918–1332, Fax (617) 918–

1291, e-mail: stanley.elainet@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Site Deletion

V. Deletion Action

I. Introduction

EPA—New England is publishing this

direct final notice of deletion of the

Salem Acres Superfund Site from the

NPL.

The EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

sites. As described in § 300.425(e)(3) of

the NCP, sites deleted from the NPL

remain eligible for remedial actions if

conditions at a deleted site warrant such

action.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication of a

notice of intent to delete. This action

will be effective July 23, 2001 unless

EPA receives adverse comments by June

21, 2001 on this document. If adverse

comments are received within the 30-

day public comment period on this

document, EPA will publish a timely

withdrawal of this direct final deletion

before the effective date of the deletion

and the deletion will not take effect.

EPA will, as appropriate, prepare a

response to comments and continue

with the deletion process on the basis of

the notice of intent to delete and the

comments already received. There will

be no additional opportunity to

comment.

Section II of this document explains

the criteria for deleting sites from the

NPL. Section III discusses the

procedures that EPA is using for this

action. Section IV discusses the Salem

Acres Superfund Site and demonstrates

how it meets the deletion criteria.

Section V discusses EPA’s action to

delete the site from the NPL unless

adverse comments are received during

the public comment period.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that release may be deleted

from the NPL where no further response

is appropriate. In making a

determination to delete a release from

the NPL, EPA shall consider, in

consultation with the State, whether any

of the following criteria has been met:

(i) Responsible parties or other

persons have implemented all

appropriate response actions required;

(ii) All appropriate Fund-financed

(Hazardous Substance Superfund

Response Trust Fund) response under

CERCLA has been implemented, and no

further response action by responsible

parties is appropriate; or

(iii) The remedial investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, taking of

remedial measures is not appropriate.

Even if a site is deleted from the NPL,

where hazardous substances, pollutants,

or contaminants remain at the deleted

site above levels that allow for

unlimited use and unrestricted

exposure, CERCLA Section 121(c), 42

U.S.C. 9621(c) requires that a

subsequent review of the site will be

conducted at least every five years after

the initiation of the remedial action at

the deleted site to ensure that the action

remains protective of public health and

the environment. In the case of this Site,

a five year review is not necessary since

all hazardous substances, pollutants and

contaminants have been removed from

the Site. If new information becomes

available which indicates a need for

further action, EPA may initiate

remedial actions. Whenever there is a

significant release from a site deleted

from the NPL, the deleted site may be

restored to the NPL without the

application of the hazard ranking

system.

III. Deletion Procedures

The following procedures apply to

deletion of the Site:

(1) The EPA consulted with the

Commonwealth of Massachusetts on the

deletion of the Site from the NPL prior

to developing this direct final deletion.

(2) The Commonwealth of

Massachusetts concurred with the

deletion of the Site from the NPL.

(3) Concurrently with the publication

of this direct final deletion, a notice of

the availability of the parallel notice of

intent to delete published today in the

‘‘Proposed Rules’’ section of the Federal

Register is being published in a major

local newspaper of general circulation at

or near the Site and is being distributed

to appropriate federal, state and local

government officials and other

interested parties; the newspaper notice

announces the 30-day public comment

period concerning the notice of intent to

delete the Site from the NPL.

(4) The EPA places copies of the

documents supporting the deletion in

the Site information repositories

identified.

(5) If adverse comments are received

within the 30-day public comment

period on this document, EPA will

publish a timely notice of withdrawal of

this direct final deletion before its

effective date and will prepare a

response to comments and continue

with the deletion process on the basis of

the notice of intent to delete and the

comments already received.

Deletion of a site from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations.

Deletion of a site from the NPL does not

in any way alter EPA’s right to take

enforcement actions, as appropriate.

The NPL is designed primarily for

informational purposes and to assist

EPA management. Section 300.425(e)(3)

of the NCP states that the deletion of a

site from the NPL does not preclude

eligibility for future response actions,

should future conditions warrant such

actions.

IV. Basis for Site Deletion

The following information provides

EPA’s rationale for deleting the Site

from the NPL:

Site Location

The Salem Acres Superfund Site

(Site) is an approximately two hundred

and thirty-five (235) acre parcel of land

located in the Cities of Peabody and

Salem, Massachusetts. The entire Site is

zoned residential but remains

undeveloped. The actual contaminated

portion of the Site was confined to the

southernmost thirteen acres of the

property. This area borders a residential

area to the south, wetlands to the east

and west and undeveloped upland to

the north.

28104 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

Site History

The contaminated area consisted of

three adjacent and separate disposal

areas. There is a Responsible Party (RP)

associated with each area. The first area

where hazardous substances were

located consisted of eight unlined

sludge lagoons containing industrial

sewage sludge originating from and

disposed of by the South Essex

Sewerage District (SESD), a wastewater

treatment plant located in Salem, MA.

The second area containing hazardous

substances consisted of a coal fly ash

pile disposed of by the Massachusetts

Electric Company (MEC). Disposal

activities by SESD and MEC occurred

between the mid 1940’s and 1969. The

third and final area containing

hazardous substances included an old

landfill and three debris piles

(collectively Landfill) which existed

prior to the present ownership of the

property. The owner of the property,

Ugo DiBiase Salem Realty Trust

(DiBiase) is the RP for the Landfill.

Generation and disposal of the landfill

and debris piles is not known. Although

DiBiase did not contribute any waste to

the Site, it was deemed liable by virtue

of property ownership and failing to

take any action to minimize exposure to

contaminants. Operable Unit No. 1

includes the entire Site.

EPA conducted two Emergency

Removal Actions (ERAs) at the Site, one

in 1987 and one in 1990. EPA funded

the first action and a portion of the

second action with SESD performing

and funding the remaining portion of

the second action. The first action

consisted of lagoon water removal and

disposal, capping the lagoons,

constructing a slurry wall and provide

fencing to preclude site access. The

second action consisted drum repacking

and storage, fence and gate replacement

and installation of signs.

Remedial Investigation and Feasibility

Study (RI/FS)

The SESD completed a site-wide

Remedial Investigation (RI) on May 29,

1992. They then conducted a Feasibility

Study (FS) which was completed in

June 1992. Results of the RI showed the

nature and extent of contamination and

assessed the associated risks from

exposure. The contaminants of concern

include polynuclear aromatic

hydrocarbons (PAHs), polychlorinated

biphenyls PCBs, dioxins/furans, volatile

organic compounds (VOCs), semi-VOCs

(sVOCs), chromium, arsenic, beryllium,

vanadium and thallium. The

concentration levels for the dioxin

equivalent 2,3,7,8-TCDD found during

the RA were below the cleanup level of

1 part per billion. The primary exposure

pathways for both existing and future

land use (residential) that showed

unacceptable risk include: ingestion,

dermal contact and inhalation of

(airborne particulates originating from)

sludge, fly ash and contaminated soil.

The FS developed and evaluated

various remedies for each contaminated

area, including RCRA capping,

incineration, immobilization, thermal

desorption, solvent extraction, in-situ

vitrification, sludge fixation, excavation

and off-site disposal.

Record of Decision Findings

A Record of Decision (ROD) was

signed on March 25, 1993. The ROD

required a preferred remedy of soil/

sludge fixation, excavation and off-site

disposal at a permitted landfill.

Implementation of the preferred remedy

required that certain conditions be met

which included that the waste must be

classified as non-hazardous under

RCRA before shipment off-site. If these

conditions could not be met, the ROD

required construction of a RCRA cap

over the hazardous substances to

minimize possible exposure,

implementation of institutional controls

and long term monitoring to assure cap

integrity. All areas to be remediated on

Site are identified as Operable Unit No.

1. If the preferred remedy proved to be

feasible, then no institutional controls

or long term monitoring would be

required.

On April 11, 1997, EPA issued an

Explanation of Significant Difference

(ESD). Based on updated toxicity data

regarding carcinogenic polyaromatic

hydrocarbons (cPAHs), EPA

recalculated cleanup values for soils

using this new information. The

cleanup risk value established in the

ROD for the Site was held constant,

providing the same level of

protectiveness. Each cPAH was given a

separate cleanup value rather than a

total cPAH value 1.2 parts per million

(ppm) provided in the ROD. In addition,

EPA calculated a new cleanup value for

beryllium after a background study was

performed. EPA redefined the

background concentration of beryllium

in soils as 1.0 ppm and revised the

cleanup level from 0.42 ppm to 1.0. The

excess lifetime cancer risk resulting

from exposure to 1 ppm beryllium in

soils given the exposure scenario and

assumptions specified in the HRA is 2

× 10–6 which is consistent with EPA’s

goal for remedial actions (clean up to

within the acceptable risk range of 1 ×

10–4 to 1 × 10–6).

Characterization of Risk

The risk assessment performed as part

of the RI for existing and future use

scenarios determined that unacceptable

risks exist from exposure to cPAHs,

PCBs, dioxins/furans, VOCs, sVOCs,

chromium, arsenic, beryllium,

vanadium and thallium. The primary

exposure pathways for both existing and

future land use (residential) that showed

unacceptable risk include: ingestion,

dermal contact and inhalation of

(airborne particulates originating from)

sludge, fly ash and contaminated soil.

Response Actions

Each of the three RPs entered into

separate Consent Decrees to pay for past

costs expended at the Site, all future

costs incurred at the Site and to perform

separate remedial designs (RDs) (SESD

and MEC only) and remedial actions

(RAs) for each responsible area. The

U.S. Army Corps of Engineers, on behalf

of the EPA, performed the RD for the

Landfill with Fund-lead monies. Just

prior to the start of a fund lead RA,

DiBiase entered into a Consent Decree to

perform the RA and to cover certain past

and all future costs associated with its

cleanup. All future costs incurred by

EPA and DEP for each of the three RD/

RAs were covered by each respective

RP. EPA retained the Corps to provide

design review and evaluation, oversight

of the remedial actions, including

evaluation of quality assurance/quality

control (QA/QC) procedures,

performance standards and verified that

the validated data met the established

data quality objectives (DQOs) for each

project.

For the first RA, DiBiase excavated

approximately 2,000 cubic yards (cy) of

material and disposed of it at an off-site

permitted landfill. During the remedial

action, fly ash was shown to be present

well into the landfill. DiBiase removed

approximately 1,500 cy of fly ash and

MEC agreed to incur the costs associated

with this work. Final site restoration of

the Landfill and debris piles was

performed in the spring of 1996.

MEC commenced RA activities in

August 1995 and was substantially

completed but discontinued in

December 1995 at the boundary of the

fly ash area and the adjacent wetland.

Approximately 11,000 cy of fly ash and

approximately 6,100 cy of adjacent

contaminated soils were excavated and

shipped off-site to a permitted special

waste landfill located in New

Hampshire. Site restoration was

performed in the spring of 1996.

MEC excavated the remaining fly ash

found in the wetlands in August 1999.

Approximately 1,000 cy of fly ash was

Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28105

removed from the wetland and shipped

off-site to an appropriate landfill.

Restoration of the wetland included

seeding the slopes with an appropriate

wetland soils and seed mix. A final

inspection was performed on August 18,

1999. This is the date for which all

construction activities were considered

complete for the entire Site.

SESD performed treatability tests for

the fixation of the sludges during the

pre-design phase. The purpose of

fixation was to render any ignitable

sludges non-ignitable. The treatability

study shown that the sludges were nonignitable and non-RCRA toxic and thus

not RCRA-characteristic hazardous

waste. SESD implemented the remedy

of excavation and off-site disposal. The

remedial work commenced in

September 1996 and substantially

completed in September 1997. Final site

restoration was completed in the spring

of 1998. A final site inspection for the

sludge areas occurred on April 29, 1999.

A total of 28,755 tons of sludge were

excavated and disposed of off-site at a

permitted solid waste disposal facility

located in Maine. A total of 60,304 tons

of soil were excavated and disposed of

at a solid waste disposal facility in

Massachusetts. The slurry wall, sludge

lagoon HDPE covers installed during the

1987 ERA and other demolition debris

were also removed and sent to the

Massachusetts disposal facility. A total

of approximately 7.5 million gallons of

site water accumulated in the excavated

areas were collected and discharged to

the SESD treatment plant for treatment

via municipal sewer. The water was

tested regularly to ensure compliance

with the plant’s pre-treatment limits.

The high volume of water that

accumulated in the excavated areas was

due to the occurrence of a hundred year

storm event, unanticipated depth of

excavation and contractor delays based

on cost claims with SESD.

Each of the RPs monitored surface

water and sediments in the wetlands

prior to and after their remediation.

SESD was also tasked to monitor Site

ground water during and after

remediation. The last and final ground

water sampling event occurred in May

of 1999. The results showed that ground

water was not impacted by any

remediation. Ground water had also not

been impacted by past disposal of

materials at the Site.

Cleanup Standards

Remedial action cleanup activities at

the Site were consistent with the NCP,

the ROD, the ESD and with each RD/RA

Consent Decree and provides protection

to human health and the environment.

RD/RA plans for all phases of

construction included a Quality

Assurance Project Plan (QAPPs) and

incorporated all EPA and State quality

assurance and quality control

procedures and protocols (where

necessary). All procedures and protocol

were followed for soil, sediment, water

and air sampling during the RA. EPA

analytical methods were used for the

confirmatory and monitoring samples

during all RA activities. EPA has

determined that the analytical results,

having been Tier III validated, are

accurate to the degree needed to assure

satisfactory execution of each RA, show

that the cleanup standards have been

met, and are consistent with the ROD/

ESD and the RD plans and

specifications.

Operations and Maintenance

The Site has been entirely cleaned up

in accordance with the ROD, the ESD

and the three CDs. There will be no

need for operation and maintenance

activities at the Site. The Site requires

no institutional controls and now

provides for unrestricted use. The Site

is zoned as residential. The landowner

has informally suggested that he may

build multi-family residences on the

Site but at the time of this writing, no

definitive or formal plans have been

made public.

Five-Year Review

No hazardous substances remain at

the site above health-based levels after

the completion of all remedial actions.

Therefore, pursuant to CERCLA Section

121(c) and as provided in OSWER

Directive 9355.7–02, Structure and

Components of Five-Year Reviews, May

23, 1991 and OSWER Directive

9355.702A, Supplemental Five-Year

Review Guidance, July, 26, 1994, five

year reviews will not be necessary.

Community Involvement

Public participation activities have

been satisfied as required in CERCLA

Section 113(k), 42 U.S.C. 9613(k), and

CERCLA Section 117, 42 U.S.C. 9617.

Documents in the deletion docket which

EPA relied on for recommendation of

the deletion from the NPL are available

to the public in the information

repositories.

Informal public meetings were held in

the neighborhood prior to and after each

remedial action. Representatives from

EPA, MADEP and the RPs with their

consultants and contractors were

present. These meetings proved to be

extremely helpful in providing the

public, especially the immediate

neighborhood residents who would be

most affected, with important

information regarding activities

associated with each remedial action.

These meetings were also particularly

useful for the agencies and the RPs in

hearing and addressing the residents’

concerns regarding on-site and off-site

activities. Some examples of what the

agencies and the RPs implemented as a

result of these meetings included:

prohibiting truck traffic before 8 a.m.

and after 5 p.m. and during school bus

pickup and drop off periods; setting a

speed limit of 15 m.p.h. for all siterelated vehicles on residential streets;

daily street cleaning; air monitoring at

the site gate adjacent to the

neighborhood and the RPs agreeing to

repave the neighborhood roadway used

to transport wastes off-site.

V. Deletion Action

The EPA, with concurrence from the

Commonwealth of Massachusetts, has

determined that all appropriate

responses under CERCLA have been

completed, and that no further response

actions, under CERCLA are necessary.

Therefore, EPA is deleting the Site from

the NPL.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication of a

notice of intent to delete. This action

will become effective July 23, 2001

unless EPA receives adverse comments

by June 21, 2001. If adverse comments

are received within the 30-day public

comment period on this document, EPA

will publish a timely withdrawal of this

direct final deletion before the effective

date of the deletion and it will not take

effect and, EPA will prepare a response

to comments and continue with the

deletion process on the basis of the

notice of intent to delete and the

comments already received. There will

be no additional opportunity to

comment.

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: March 23, 2001.

Ira W. Leighton,

Acting Regional Administrator, U.S. EPA—

New England.

For the reasons set out in this

document, 40 CFR part 300 continues to

read as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

28106 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

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.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended under Salem Acres

Superfund Site by removing the ‘‘Salem

Acres Superfund Site, Salem,

Massachusetts’’.

[FR Doc. 01–12709 Filed 5–21–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6947–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Partial direct final deletion of

the California Gulch Superfund Site

from the National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) Region 8 announces its

deletion of Operable Unit 2 (OU2) of the

California Gulch Superfund Site (Site)

from the National Priorities List (NPL)

and requests public comment on this

action. The NPL constitutes appendix B

of 40 CFR part 300, the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

This partial deletion of the California

Gulch Site is in accordance with 40 CFR

300.425(e) and the Notice of Policy

Change: Partial Deletion of Sites Listed

on the National Priorities List, 60 FR

55466 (Nov. 1, 1995).

This partial deletion pertains to the

area addressed by OU 2, and includes

the Malta Gulch Fluvial Tailing,

Leadville Corporation Mill, Malta Gulch

Tailing Impoundment, and the Malta

Tailing Impoundment. EPA has issued a

Record of Decision (ROD) for OU 2. EPA

bases its partial deletion of this area on

the determination by EPA and the State

of Colorado, through the Colorado

Department of Public Health and

Environment (CDPHE), that all

appropriate actions under CERCLA have

been implemented at these sites.

The California Gulch Site has been

divided into 12 operable units. This

partial deletion pertains only to OU 2 of

the Site. Response activities will

continue at the remaining OUs.

DATES: This ‘‘direct final’’ action will be

effective July 23, 2001 unless EPA

receives significant adverse or critical

comments by June 21, 2001. If adverse

comments are received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

informing the public that the rule will

not take effect.

ADDRESSES: Comments may be mailed to

Rebecca Thomas, Remedial Project

Manager, Environmental Protection

Agency, Region 8, Mail Code 8EPR-SR,

999 18th Street, Suite 300, Denver, CO

80202. Telephone: (303) 312–6552.

Information Repositories:

Comprehensive information on the

California Gulch Site is available

through EPA, Region 8 public docket,

which is located at EPA, Region 8,

Superfund Records Center and is

available for viewing from 8:00 a.m. to

4:30 p.m., Monday through Friday,

excluding holidays. Requests for

documents should be directed to the

EPA, Region 8, Superfund Records

Center. The address for the Region 8

Superfund Records Center is: U.S.

Environmental Protection Agency,

Superfund Record Center 999 18th

Street, 5th Floor, Denver, CO 80202,

Telephone (303) 312–6473.

FOR FURTHER INFORMATION CONTACT:

Rebecca Thomas, Remedial Project

Manager, Environmental Protection

Agency, Region 8, Mail Code 8EPR-SR,

999 18th Street, Suite 300, Denver, CO

80202. Telephone: (303) 312–6552.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

I. Introduction

The Environmental Protection

Agency, Region 8 announces its deletion

of a portion of the California Gulch

Superfund Site (Site), located in Lake

County, Colorado from the National

Priorities List (NPL), which constitutes

appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part

300, and requests comments on this

proposal. This partial deletion pertains

to Operable Unit 2 (OU 2), which

consists of the Lower Malta Gulch

Fluvial Tailing, Leadville Corporation

Mill, Malta Gulch Tailing

Impoundment, and the Malta Tailing

Impoundment.

The Site is divided into 12 Operable

Units (OUs) pursuant to agreement

reached in a 1994 Consent Decree

settlement. The 12 OUs comprising the

California Gulch Site are as follows:

1. Yak Tunnel/Water Treatment Plant.

2. Malta Gulch Tailing Impoundments

and Lower Malta Gulch Fluvial Tailing.

3. D&RG Slag piles and Railroad Yard/

Easement.

4. Upper California Gulch.

5. Asarco Smelter sites/Slag/Mill

sites.

6. Starr Ditch/Stray Horse Gulch/

Lower Evans Gulch/Penrose Mine Waste

Pile.

7. Apache Tailing Impoundments.

8. Lower California Gulch.

9. Residential and Commercial

Populated Areas.

10. Oregon Gulch.

11. Arkansas River Valley Floodplain.

12. Site-wide Water Quality.

OUs 2 through 11 were designated in

order to facilitate source remediation of

specific geographic areas. OUs 2

through 11 pertain to distinct

geographical areas corresponding to

areas of responsibility for the identified

responsible parties with EPA taking

responsibility for areas where no

responsible party could be identified,

the United States was a responsible

party, or cash-out settlements had been

reached with the responsible parties.

OU 12, which covers the entire Site was

designated to address Site-wide surface

and groundwater after completion of

source remediation pursuant to OUs 2

through 11. EPA is deleting the areas

addressed by OU 2 because all

appropriate CERCLA response actions

have been completed in these areas as

described in Section IV. However,

response activities are not complete for

the other areas. Therefore, those areas

will remain on the NPL and are not the

subject of this partial deletion.

The NPL is a list maintained by EPA

of sites that EPA has determined present

a significant risk to public health,

welfare, or the environment. Sites on

the NPL may be the subject of remedial

actions financed by the Hazardous

Substance Superfund (Fund). Pursuant

to 40 CFR 300.4–25(e) of the NCP, any

site or portion of a site deleted from the

NPL remains eligible for Fund-financed

remedial actions if conditions at the site

warrant such action.

EPA will accept any dissenting

comments on this partial deletion for

thirty days following publication of this

document in the Federal Register.

II. NPL Deletion Criteria

The NCP establishes the criteria that

EPA uses to delete sites from the NPL.

In accordance with 40 CFR 300.425(e),

sites may be deleted from the NPL

where no further response is

appropriate to protect public health or

the environment. In making such a

determination pursuant to § 300.425(e),