Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10367

Issued in Washington, DC, on this 12th day

of February 2001.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 01–3881 Filed 2–14–01; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA62

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS)

TRICARE, Partial Implementation of

Pharmacy Benefits Program;

Implementation of National Defense

Authorization Act Medical Benefits for

Fiscal Year 2001; Change in Effective

Date

AGENCY: Office of the Secretary,

Defense.

ACTION: Interim final rule.

SUMMARY: On Friday, February 9, 2001

(66 FR 9651), the Department of Defense

published an Interim final rule on

Partial Implementation of Pharmacy

Benefits Program; Implementation of

National Defense Authorization Act

Medical Benefits for Fiscal Year 2001.

This document is published to change

the effective date of that rule in

accordance with the statutory

requirements of the National Defense

Authorization Act for Fiscal Year 2001,

which directed implementation of

specific medical benefits on April 1,

2001.

EFFECTIVE DATE: The effective date of the

rule is amended to April 1, 2001.

FOR FURTHER INFORMATION CONTACT: L.M.

Bynum, 703–601–4722.

Dated: February 9, 2001.

L.M. Bynum,

Alternate OSD Federal Register Liaison,

Department of Defense.

[FR Doc. 01–3788 Filed 2–14–01; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 323

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 232

[FRL–6945–3]

Further Revisions to the Clean Water

Act Regulatory Definition of

‘‘Discharge of Dredged Material’’:

Delay of Effective Date

AGENCIES: Army Corps of Engineers,

Department of the Army, DOD; and

Environmental Protection Agency.

ACTION: Final Rule; Delay of Effective

Date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily delays for 60 days the

effective date of the rule entitled

‘‘Further Revisions to the Clean Water

Act Regulatory Definition of ‘Discharge

of Dredged Material’,’’ published in the

Federal Register on Wednesday,

January 17, 2001, at 66 FR 4549. That

rule amends Clean Water Act section

404 regulations defining the term

‘‘discharge of dredged material.’’

DATES: The effective date of Further

Revisions to the Clean Water Act

Regulatory Definition of ‘‘Discharge of

Dredged Material,’’ amending 33 CFR

part 323 and 40 CFR part 232, published

in the Federal Register on Wednesday,

January 17, 2001, at 66 FR 4549, is

delayed for 60 days, from the original

February 16, 2001, effective date to a

new effective date of April 17, 2001.

FOR FURTHER INFORMATION CONTACT: For

information on today’s action, contact

either Mr. Michael Smith, U.S. Army

Corps of Engineers, ATTN: CECW-OR

(3F73), 441 ‘‘G’’ Street, NW,

Washington, DC 203140–1000, phone:

(202) 761–4598, or Cynthia Puskar, U.S.

Environmental Protection Agency,

Office of Water (4201), 1200

Pennsylvania Avenue N.W.,

Washington, DC 20460, phone: (202)

260–8532.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

action, it is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. 553(b)(A).

Alternatively, the agencies’

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

553(b)(B) and 553(d)(3). Seeking public

comment is impracticable, unnecessary

and contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to give EPA and Corps

officials the opportunity for further

review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this rule immediately effective

upon publication.

Dated: February 9, 2001.

Claudia L. Tornblom,

Deputy Assistant Secretary of the Army

(Management and Budget), Department of the

Army.

Dated: February 12, 2001.

Christine T. Whitman,

Administrator, Environmental Protection

Agency.

[FR Doc. 01–3843 Filed 2–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6927–2]

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

intent to delete Operable Unit 10 (OU

10) 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,

10368 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

Compensation, and Liability Act

(CERCLA) of 1980, as amended. This

partial deletion of the California Gulch

Site is proposed 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).

OU 10 includes the Oregon Gulch

Tailing Impoundment. EPA issued a

Record of Decision (ROD) for OU 10 on

August 7, 1997. The Remedial Action

was completed on September 26, 1999

and was approved by EPA on September

30, 1999. The EPA bases its proposal to

delete OU 10 on the determination by

EPA and the State of Colorado, through

the Colorado Department of Public

Health and Environment (CDPHE), that

all appropriate response actions under

CERCLA have been implemented at OU

10. The California Gulch Superfund Site

was listed on the NPL on September 8,

1983.

The Site has been divided into 12,

Operable Units (OUs). This partial

deletion pertains only to OU 10 of the

Site. Response activities will continue at

the remaining OUs.

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

effective April 16, 2001 unless EPA

receives significant adverse or critical

comments by March 19, 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 the EPA, Region 8 public

docket, which is located at the EPA,

Region 8, Superfund Records Center and

is available for viewing from 8:00 AM to

4:30 PM, 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,

Region 8, 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

Appendix A—Deletion Docket

Appendix B—Site Coordinates

I. Introduction

The Environmental Protection Agency

(EPA), Region VIII announces its intent

to delete a portion of the California

Gulch Superfund Site (Site) from the

National Priorities List (NPL) (40 CFR

Part 300 Appendix B) and requests

comments on this proposal. The Site is

located in Lake County, Colorado. This

proposal for partial deletion pertains to

Operable Unit 10 (OU10) of the Site,

which consists of the Oregon Gulch

Tailing Impoundment and Lower

Oregon Gulch.

The Site is divided into 12 Operable

Units (OUs) pursuant to a 1994 Consent

Decree. The 12 OUs comprising the

California Gulch Site are as follows:

OU 1 Yak Tunnel/Water Treatment

Plant

OU 2 Malta Gulch Tailing

Impoundments and Lower Malta

Gulch Fluvial Tailing

OU 3 D&RG Slag piles and Railroad

Yard/Easement

OU 4 Upper California Gulch

OU 5 Asarco Smelter sites/Slag/Mill

sites

OU 6 Starr Ditch/Stray Horse Gulch/

Lower Evans Gulch/Penrose Mine

Waste Pile

OU 7 Apache Tailing Impoundments

OU 8 Lower California Gulch

OU 9 Residential and Commercial

Populated Areas

OU 10 Oregon Gulch

OU 11 Arkansas River Valley

Floodplain

OU 12 Site-wide Surface and Ground

Water

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 and correspond with

areas of responsibility for the identified

responsible parties. The EPA has taken

responsibility for areas where either 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. OU12 will be

addressed after completion of source

remediation in OUs 2 through 11. EPA

proposes to delete the areas addressed

by OU 10 because all appropriate

CERCLA response actions have been

completed in the areas within OU 10 as

described in Section IV. Response

activities are not complete at the other

OUs at the Site. Those OUs 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 300.425(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

notice in the Federal Register.

II. NPL Deletion Criteria

The NCP establishes the criteria that

EPA uses to delete sites or portions of

a Site from the NPL. In accordance with

40 CFR 300.425(e), sites may be

completely or partially deleted from the

NPL where no further response in the

areas to be deleted is appropriate to

protect public health or the

environment. In making such a

determination pursuant to § 300.425(e),

EPA will consider, in consultation with

the State, whether any of the following

criteria have been met:

Section 300.425(e)(1)(i). Responsible

parties or other persons have implemented

all appropriate response actions required; or

Section 300.425(e)(1)(ii). All appropriate

Fund-financed response under CERCLA has

been implemented, and no further response

action by responsible parties is appropriate;

or

Section 300.425(e)(1)(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.

Section 300.425(e)(3) of the NCP

provides that Fund-financed actions

may be taken at sites that have been

deleted from the NPL. Therefore,

deletion of an operable unit at a site

from the NPL does not preclude

eligibility for subsequent Fund-financed

actions at the operable unit deleted if

future site conditions warrant such

actions. A partial deletion of a site from

the NPL also does not affect or impede

EPA’s ability to conduct CERCLA

response activities at operable units not

deleted and remaining on the NPL. In

addition, deletion of a portion of a site

from the NPL does not affect the

liability of responsible parties or impede

agency efforts to recover costs

associated with response efforts.

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10369

III. Deletion Procedures

Deletion or partial deletion of a site

from the NPL does not itself create,

alter, or revoke any individual’s rights

or obligations. The NPL is designed

primarily for informational purposes

and to assist EPA management.

The following procedures were used

for the intended partial deletion of this

site:

(1) EPA, Region VIII has

recommended the partial deletion of the

California Gulch Site and has prepared

the relevant documents.

(2) The State of Colorado through the

Colorado Department of Public Health

and Environment (CDPHE) has

concurred with EPA’s recommendation

for a partial deletion.

(3) Concurrent with this Notice of

Intent to pursue a partial deletion, a

notice has been published in local

newspapers and has been distributed to

appropriate Federal, State and local

officials, and other interested parties.

These notices announce a thirty (30) day

public comment period on the deletion

package, which commences on the date

of publication of this notice in the

Federal Register and a newspaper of

record.

(4) EPA, Region VIII has made all

relevant documents available in the

Regional Office, Superfund Record

Center.

EPA is requesting only dissenting

comments on the Direct Final Action to

Delete. For deletion of the release from

the Site, EPA’s Regional Office will

accept and evaluate public comments

on EPA’s Final Notice before making a

final decision to delete. If necessary, the

Agency will prepare a Responsiveness

Summary responding to each significant

comment submitted during the public

comment period. Deletion of the Site

from the NPL does not itself create,

alter, or revoke any individual’s rights

or obligations. The NPL is designed

primarily for informational purposes

and to assist Agency management. As

mentioned in Section II of this

document, § 300.425 (e)(3) of the NCP

states that the deletion of a release from

a site from the NPL does not preclude

eligibility for future response actions.

IV. Basis for Intended Partial Site

Deletion

The following provides EPA’s

rationale for proposing deletion of OU

10 from the NPL and EPA’s findings that

the criteria in 40 CFR 300.425(e) are

satisfied.

Background

The California Gulch Superfund Site

is located in Lake County, Colorado

approximately 100 miles southwest of

Denver. The California Gulch Superfund

Site was listed on the National Priorities

List on September 8, 1983, 48 Fed. Reg.

40,658 (1983). The Site is in a highly

mineralized area of the Colorado Rocky

Mountains covering 16 1⁄2 square miles

of a watershed that drains along

California Gulch to the Arkansas River.

Mining, mineral processing, and

smelting activities have occurred at the

Site for more than 130 years.

Mining in the District began in 1860,

when placer gold was discovered in

California Gulch. As the placer deposits

were exhausted, underground workings

became the principle method for

removing gold, silver, lead, and zinc

ore. As these mines were developed,

waste rock was excavated along with the

ore and placed near the mine entrances.

Ore was crushed and separated into

metallic concentrates at mills, with mill

tailing generally slurried into tailing

impoundments. The Site was placed on

the NPL because of concerns about the

impact of mine drainage on surface

waters in California Gulch and the

impact of heavy metals loading in the

Arkansas River.

The Site includes the City of

Leadville, various parts of the Leadville

Historic Mining District, and a section

of the Arkansas River from the

confluence of California Gulch to the

confluence of Lake Fork Creek.

A site-wide Phase I Remedial

Investigation (Phase I RI), which

primarily addressed surface and

groundwater contamination, was issued

in January 1987. As a result of the Phase

I RI, EPA developed the first operable

unit at the Site, the Yak Tunnel. This

first operable unit was designed to

address the largest single source of

metallic loading.

The Phase I RI was followed by a

number of additional site-wide studies,

including the Tailing Disposal Area

Remedial Investigation Report, Baseline

Human Health Risk Assessment Part A,

Part B, and Part C, Ecological Risk

Assessment for Terrestrial Ecosystems,

Baseline Aquatic Ecological Risk

Assessment, Groundwater RI, Surface

Water RI, Waste Rock RI, and Site-wide

Screening Feasibility Study. In addition,

OU 10 specific studies were also

conducted, including the Final

Engineering Evaluation/Cost Analysis

for Stream Sediments within Oregon

Gulch OU 10, and the Final Focused

Feasibility Study for Oregon Gulch.

In order to expedite the clean-up of

the Site, EPA agreed, pursuant to the

1994 Consent Decree, to divide the Site

into eleven additional Operable Units.

With the exception of OU 12, the

operable units pertain to distinct

geographical areas corresponding to

areas of responsibility for the identified

responsible parties and/or to distinct

sources of contamination. EPA has

taken responsibility for operable units

where either no responsible party could

be identified, the United States was a

responsible party, or cash-out

settlements had been reached with the

responsible parties. Under the 1994

Consent Decree, OUs 2 through 11 were

designated to deal with areas where the

appropriate responsible party or the

United States would conduct source

remediation. The Consent Decree

recognized that additional source

remediation or other appropriate

response actions related to surface or

ground water could occur as part of OU

12 anywhere within the 16.5 square

mile of the Site. The OUs 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 Surface and Ground

Water

Operable Unit 10 of the California

Gulch Site is defined as the 500-year

flood plain of Oregon Gulch from its

headwaters to its confluence with

California Gulch. Sources of metal

loading within OU 10 include the

Oregon Gulch Tailing Impoundment

and miscellaneous tailing and stream

sediment contained within the 500-year

flood plain of lower Oregon Gulch.

Lower Oregon Gulch is defined as the

portion of the gulch downstream of the

tailing impoundment. The general

location of OU 10 is shown on the maps

appearing as Exhibits 1 & 2. Pursuant to

the 1994 Consent Decree, Resurrection

Mining Company is responsible for

conducting all appropriate response

actions at OU 10.

OU 10 Response Actions

OU 10 (Oregon Gulch) is located

approximately one-half mile south of

the City of Leadville, Colorado. The

Oregon Gulch Tailing Impoundment

and the flood plain of Oregon Gulch,

i.e., Lower Oregon Gulch, comprise

approximately 14.2 and 1.6 acres,

respectively. Oregon Gulch is a small Vshaped valley with surface water

10370 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

flowing in a northwesterly direction.

The gulch extends approximately one

mile from its headwaters to the

confluence with California Gulch. The

tailing impoundment is located

approximately 1⁄2 mile upstream of the

confluence of Oregon and California

gulches.

The Oregon Gulch Tailing

Impoundment received tailing from the

Resurrection-Asarco mill in California

Gulch from approximately 1942 through

1957. The impoundment contains a

volume of material estimated at 485,000

cubic yards.

The studies have shown that due to

erosion of tailing, surface water runoff

from the impoundment and a seep at the

toe of the impoundment, the stream

sediment within lower Oregon Gulch

has been contaminated with inorganic

metals. Resurrection completed the

Final Engineering Evaluation/Cost

Analysis (EE/CA) for Stream Sediments

within Oregon Gulch OU 10, California

Gulch Superfund Site, Leadville,

Colorado in June 1995. The EE/CA was

prepared to evaluate and identify a

removal action for miscellaneous

tailings and stream sediment contained

within the 500-year floodplain of

Oregon Gulch. Pursuant to the August

1995 Action memorandum,

Resurrection conducted a Non-Time

Critical Removal Action in 1995 and

1996. This removal action was directed

at addressing eroded tailing and

contaminated sediment in Lower

Oregon Gulch and involved:

(1) Construction of haul roads.

(2) Installation of erosion control

measures (straw bails, gabion check

dams, and silt fencing).

(3) Construction of a sediment control

pond approximately 500 feet

downstream of the toe of the tailing

impoundment.

(4) Excavation of sediment from the

Oregon Gulch channel to a depth of 1.5

to 2.5 feet (approximately 4923 cubic

yards) and placement of the sediment

on top of the tailing impoundment.

(5) Construction of a riprap-lined

triangular channel, 1-foot deep with

3H:1V side slopes capable of conveying

the 10-year flood.

(6) Construction of a riprap-lined

trapezoidal channel with a 6-foot

bottom width and 3H:1V side slopes

capable of conveying the 500-year flood

within the Cultural Resource Area.

(7) Reconstruction of the flood plain

by placing, grading and seeding

amended soil from the borrow area and

regrading and constructing temporary

storm water diversion ditches as

needed.

(8) Material from a borrow area was

used to build sediment control

structures and to reconstruct the

floodplain in lower Oregon Gulch. The

borrow material was analyzed to ensure

that it would be satisfactory for such

use. Analytical results for samples

collected from the borrow area are

available in the aforementioned EE/CA.

(9) Removal of eroded tailing and

contaminated sediment was based on

visual inspection.

The removal action successfully

addressed eroded tailing and

contaminated sediment in lower Oregon

Gulch.

Resurrection completed the Final

Focused Feasibility Study for Oregon

Gulch, Operable Unit 10, California

Gulch Site, June 1997. The purpose of

the Focused Feasibility Study (FFS) was

to identify and evaluate remedial

alternatives for the Oregon Gulch

Tailing Impoundment and

miscellaneous tailing and contaminated

sediment within the 500-year floodplain

of Oregon Gulch. The FFS provided a

detailed analysis of five remediation

alternatives. EPA then issued the Record

of Decision, Oregon Gulch, Operable

Unit 10, California Gulch Superfund

Site, Leadville, Colorado on August 7,

1997.

Resurrection commenced the

remedial action in 1998 and completed

the work in 1999. The major

components of the remedial action

included:

• Reconstruction of Lower California

Gulch and Floodplain.

• Installation of erosion control

structures using straw bales and silt

fencing and, after work was complete,

removal of all straw bales and silt

fencing that were no longer needed.

• Fluvial tailing excavated from

Operable Unit 8 of the California Gulch

Site, (Lower California Gulch) consisted

of a mix of stream sediment, including

cobbles, gravel and fine-grained fluvial

tailing. Approximately 7,100 cubic

yards of this material was transported

from OU8 to the Oregon Gulch Tailing

Impoundment. This work was

performed from July 27, 1998 to October

7, 1998. Additional information

regarding the OU 8 work is available in

the Removal Action Work Plan for

Selected Fluvial Tailing and Stream

Sediment in Operable Unit 8, April

1998. (This work was done pursuant to

Operable Unit 8 and is included here

solely because the Oregon Gulch Tailing

Impoundment served as the repository

for the OU8 tailing.)

• Installation of an upgradient

groundwater interceptor trench.

• Regrading the surface of the Oregon

Gulch tailing impoundment and

construction and revegetation of the

tailing impoundment cover. Material

from the borrow area previously

described in the Removal Action, was

also used in the Remedial Action.

• Installation of a seep collection

system.

• Installation of a seep management

system consisting of a seep storage tank,

pump, float control unit, electric hookup, a drainage basin and pipe, and a

discharge line to the YAK Tunnel Water

Treatment Plant. A heated and insulated

housing unit was constructed around

the system.

• The goal of this response action was

to prevent infiltration of water into the

tailing, prevent erosion of the tailing,

and to treat the impoundment seep until

it was gone.

A final inspection was completed on

September 20, 1999. The remedy was

operating as intended. Operation and

maintenance of the Oregon Gulch

Tailing Impoundment and related

systems is required to assure that the

remedy remains effective. This includes

inspection of the tailing impoundment

cap and the seep collection and

pumping systems. The Operation and

Maintenance Plan for the Seep

Collection System, the Seep

Management System, the Tailing

Impoundment Cover and Diversion

Structures, are described in detail in

Section 4.0 of the Final Remedial Design

for Oregon Gulch, Operable Unit 10,

California Gulch Superfund Site,

Leadville, Colorado, June 1998. The

O&M program for this is being

implemented by Resurrection.

Resurrection commenced this program

in September 1999.

Cultural Resources

Foothill Engineering Consultants, Inc.

(FEC) performed a cultural resource

inventory that identified a historic trash

dump in lower Oregon Gulch. This

dump site, identified as 5LK844, begins

near the intersection of the gulch and

County Road 6 and extends

approximately 500 feet upstream. FEC

recommended Site 5LK844 as

potentially eligible for nomination to

the National Register of Historic Places.

The Removal Action and the Remedial

Action were designed and constructed

to avoid any adverse impact to Site

5LK844.

Community Involvement

In May 1995, the public was notified

in the local newspaper that the draft

Engineering Evaluation/Cost Analysis

(EE/CA) for the Stream Sediments

within Oregon Gulch, California Gulch

Superfund Site, Leadville, Colorado,

dated February 1995 was available for

public review and comment. EPA held

a public meeting in Leadville on June

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10371

15, 1995. Comments were submitted

and they are attached to the final EE/CA

report in a separate Responsiveness

Summary. An Action Memorandum was

issued on August 4, 1995.

A notice of availability of the

Proposed Plan for OU 10 and supporting

documents was published in the

Leadville Herald Democrat on March 13,

1997. The public comment period was

held from March 19, 1997 to April 18,

1997. A Public meeting was held on

March 19, 1997. No comments were

received during the public comment

period. On August 7, 1997, EPA issued

a ROD for OU 10 presenting EPA’s

selected remedy for OU 10 the

California Gulch Superfund Site.

Current Status:

Based on the successful completion of

the Removal Action and the Remedial

Action, there are no further response

actions planned or scheduled for this

OU.

Because this decision results in

hazardous substances remaining on site,

above health based levels, five-year

reviews of the previous response actions

will be required pursuant to the NCP.

These reviews will be conducted in

conjunction with site-wide five-year

reviews. The next five-year review at the

California Gulch Site is scheduled to be

initiated in October 2000 for completion

by March 30, 2001. In addition to the

five-year reviews, the Consent Decree

establishes an institutional control by

requiring deed notices that refer back to

the Consent Decree and its associated

requirements. Such a deed notice would

apply to properties owned by

Resurrection, or the Res-Asarco joint

venture, within OU 10.

EPA, with concurrence from the State

of Colorado, has determined that all

appropriate CERCLA Response actions

have been completed at OU 10 and

protection of human health and the

environment has been achieved.

Therefore EPA is deleting OU 10 of the

California Gulch Superfund Site from

the NPL. This action will be effective

April 16, 2001. However, if EPA

receives dissenting comments by March

19, 2001, EPA will publish a document

that withdraws this action.

While EPA does not believe that any

future response actions within Operable

Unit 10 will be needed, if future

conditions warrant such action, the

deleted area of Oregon Gulch will

remain eligible for future response

actions. Furthermore, this partial

deletion does not alter the status of the

Site-wide Surface and Ground Water

operable unit of the California Gulch

Superfund Site which is not proposed

for deletion and remains on the NPL.

List of Subjects in 40 CFR Part 300

Environmental protection, air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and record keeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: December 19, 2000.

Jack W. McGraw,

Acting Regional Administrator, US EPA

Region 8.

Part 300, title 40 of chapter 1 of the

Code of Federal Regulations 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 revising the entry under

Colorado for ‘‘California Gulch’’ to read

as follows:

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/County Notes (a)

*******

CO ........................................................... California Gulch ...................................... Lake County ........................................... P

*******

[FR Doc. 01–3614 Filed 2–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 300

[FRL–6939–5]

National Oil and Hazardous;

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final partial deletion of

Release Block D and Release Block H of

the Department of Energy (DOE) Mound

Superfund Site from the National

Priorities List; request for comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 5 announces the

deletion of the portions of the

Department of Energy Mound

Superfund Site (Mound Site) known as

Release Block D and Release Block H

from the National Priorities List (NPL).

EPA requests public comment on this

action. The NPL constitutes appendix B

to the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), 40 CFR part 300, which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA).

This partial deletion pertains to

Release Block D, a 12-acre parcel of

property along the eastern border of the

Mound Site, containing two industrial

buildings. This also pertains to Release

Block H, a 14-acre parcel of property

consisting of the Mound plant parking

lot. The Department of Energy (DOE),

with the concurrence of EPA, Region 5,

and the Ohio Environmental Protection

Agency (OEPA), has issued Records of

Decision (RODs) for Release Blocks D

and H, selecting institutional controls as

the final remedy for both areas. The

purpose of institutional controls is to

ensure that these properties will be

restricted to industrial uses. EPA bases

its partial deletion of Release Blocks D

and H on the determination by EPA and

the State of Ohio, through OEPA, that

all appropriate actions under CERCLA

have been implemented to protect

human health and the environment at

Release Blocks D and H.

This partial deletion pertains only to

Release Blocks D and H. EPA may

propose to delete additional portions of

the Mound Site in the future. Until then,

however, all parts of the Mound Site,

other than Release Blocks D and H, will

remain on the NPL.