[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Page 6827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02599]



[[Page 6827]]

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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.

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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 five-year 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: 
<a href="/cdn-cgi/l/email-protection#33585a565556411d5f5a5d5752735643521d545c45"><span class="__cf_email__" data-cfemail="bbd0d2dedddec995d7d2d5dfdafbdecbda95dcd4cd">[email protected]</span></a>.

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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