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.

10372 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

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

effective April 16, 2001 unless U.S. EPA

receives dissenting comments by March

19, 2001. If written dissenting

comments are received, U.S. EPA will

publish a timely withdrawal of the rule

in the Federal Register informing the

public that the rule will not take effect.

ADDRESSES: Comments may be mailed to

Timothy Fischer, Remedial Project

Manager or Gladys Beard, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA Region, 5 77 W.

Jackson Blvd. (SR–6J), Chicago, IL

60604. Comprehensive information on

the Mound Site is available at U.S.

EPA’s Region 5 office and at the local

information repository located at: The

CERCLA Public Reading Room,

Miamisburg Senior Adult Center, 305

Central Avenue, Miamisburg, OH 45342.

Requests for comprehensive copies of

documents should be directed formally

to the Region 5 Docket Office. The

address and phone number for the

Regional Docket Officer is Jan

Pfundheller (H–7J), U.S. EPA, Region 5,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

FOR FURTHER INFORMATION CONTACT:

Timothy Fischer, Remedial Project

Manager, at (312) 886–5787 (SR–6J), or

Gladys Beard, Associate Remedial

Project Manager, Superfund Division

(SR–6J), U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604, (312)

886–7253, or Stuart Hill (P–19J), Office

of Public Affairs, U.S. EPA Region 5, 77

W. Jackson Blvd., Chicago, IL 60604,

(312) 886–0689.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

V. Action

I. Introduction

The Environmental Protection Agency

(EPA) Region 5 announces the deletion

of two portions of the Department of

Energy Mound Superfund Site (Mound

Site), located in Miamisburg,

Montgomery County, Ohio, from the

National Priorities List (NPL). The NPL

constitutes appendix B of the National

Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part

300. EPA, Region 5, requests comments

on this action. 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. Release Block

D is bounded on the south by

undeveloped Mound property, on the

east by Mound Road, on the north by a

parking lot and small group of

buildings, and on the west by a fenced

storage area. This partial deletion also

pertains to Release Block H, a 14-acre

parcel of property consisting of the

Mound plant parking lot. Release Block

H is bounded on the south by the main

plant entrance, on the east by Mound

Road and an offsite community golf

course, on the north by offsite

residences, and on the west by a fenced

parking lot.

For both Release Blocks D and H,

DOE, EPA, and OEPA identified

buildings and potential release sites,

evaluated them, and addressed any

significant contamination through

removal actions. At the conclusion of

these activities, residual risk

assessments were performed. These

assessments assumed that the land

comprising Release Blocks D and H

would continue to be used for industrial

purposes only, and concluded that, on

that basis, they posed no significant

risks to human health or the

environment. On February 25, 1999,

DOE issued a Record of Decision for

Release Block D, selecting institutional

controls as the final remedy. The ROD

called for imposing deed restrictions on

the property, limiting it to industrial use

and preventing any exposure to

children. The Proposed Plan and Record

of Decision listed the restriction as: (1)

Ensure that industrial land use is

maintained; (2) Prohibit the use of

bedrock groundwater; (3) Provide site

access for federal and state agencies for

the purpose of taking response actions,

including sampling and monitoring; and

(4) Prohibit removal of RB H soils from

the DOE Mound property (as owned in

1998) boundary without approval from

Ohio Department of Health (ODH) and

the Ohio Environmental Protection

Agency (OEPA) or their successor

agencies. The ROD also committed DOE

to ensure compliance with the deed

restrictions over the long term. On June

18, 1999, DOE issued a similar Record

of Decision for Release Block H,

selecting institutional controls as the

final remedy. Once again, DOE

committed itself to impose and enforce

deed restrictions on the property,

limiting it to industrial use and

preventing any exposure to children.

Subsequently, DOE conveyed both

Release Blocks D and H to the

Miamisburg Mound Community

Improvement Corporation. The sales

contracts and deeds for these

transactions incorporated the land use

restrictions set forth in the two Records

of Decision.

EPA is deleting Release Blocks D and

H because all appropriate CERCLA

response activities have been completed

in those areas. 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.

The NPL is a list maintained by EPA

of sites that EPA has determined present

a significant risk to public health, 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 comments on this

notice for thirty (30) days after

publication of this notice in the Federal

Register and a newspaper of record.

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 or portions of a Site 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),

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 Fundfinanced 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.

Deletion of a portion of a site from the

NPL does not preclude eligibility for

subsequent Fund-financed actions at the

area deleted if future site conditions

warrant such actions. Section

300.425(e)(3) of the NCP provides that

Fund-financed actions may be taken at

sites that have been either totally or

partially deleted from the NPL. A partial

deletion of a site from the NPL does not

affect or impede EPA’s ability to

conduct CERCLA response activities at

areas not deleted and remaining on the

NPL. (Note that in this case, because the

remainder of the Mound Site is federally

owned, Fund-financed activities would

be subject to the limitations set forth in

Section 111(e)(3) of CERCLA.) In

addition, deletion of a portion of a site

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations 10373

from the NPL does not affect the

liability of responsible parties or impede

agency efforts to recover costs

associated with response efforts.

III. Deletion Procedures

Deletion of a portion of a site from the

NPL does not itself create, alter, or

revoke any person’s rights or

obligations. The NPL is designed

primarily for informational purposes

and to assist Agency management.

The following procedures were used

for the intended deletion of Release

Blocks D and H at the Mound Site:

(1) EPA has recommended the partial

deletion and has prepared the relevant

documents.

(2) The State of Ohio, through OEPA,

has concurred by letter dated November

22, 2000, with this partial deletion.

(3) Concurrent with this national

Direct Final Partial Deletion, a notice

has been published in a newspaper of

record 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 has made all relevant

documents available at the information

repositories listed previously.

This Federal Register notice, and a

concurrent notice in a newspaper of

record, announce the initiation of a

thirty (30) day public comment period

and the availability of the Direct Final

Partial Deletions. EPA is requesting only

dissenting comments on this Notice. All

critical documents needed to evaluate

EPA’s decision are included in the

Deletion Docket and are available for

review at the information repositories.

Upon completion of the thirty (30)

day public comment period, EPA will

evaluate all comments received before

issuing the final decision on the partial

deletion. If necessary, EPA will prepare

a Responsiveness Summary responding

to each significant comment submitted

during the public comment period. The

Responsiveness Summary will be made

available to the public at the

information repositories listed

previously. Members of the public are

encouraged to contact EPA Region 5 to

obtain a copy of the Responsiveness

Summary.

IV. Basis for Intended Partial Site

Deletion

The following provides EPA’s

rationale for deletion of Release Blocks

D and H of the Mound Site from the

NPL and EPA’s finding that the criteria

in 40 CFR 300.425(e) are satisfied:

Background

The Mound Site is located in

Miamisburg, Ohio, about 10 miles south

of Dayton and 45 miles north of

Cincinnati. The 306-acre site consists of

a number of industrial buildings in the

northern portion of the Mound site, and

open land in the southern portion. Most

of the Site is owned by the United States

Department of Energy, which began

operations there in 1948 involving the

manufacture of triggering devices for

nuclear weapons. The Mound Site is

located near an ancient Indian mound;

hence the name of the DOE facility—the

Mound Plant. As a result of past

disposal practices and contaminant

releases to the environment, including

radioactive contaminants, the Mound

Site was listed on the NPL on November

21, 1989 (54 FR 48184). DOE signed a

CERCLA Section 120 Federal Facility

Agreement (FFA) with EPA in October,

1990. In 1993, this agreement was

modified and expanded to include

OEPA. DOE serves as the lead agency

for CERCLA-related activities at the

Mound Site.

DOE, EPA, and OEPA originally

planned to address the Mound Site’s

environmental restoration issues under

a set of Operable Units (OUs), each of

which would include a number of

Potential Release Sites (PRSs). For each

OU, the site would follow the

traditional CERCLA process: a Remedial

Investigation/Feasibility Study (RI/FS),

followed by a Record of Decision (ROD)

and Remedial Design/Remedial Action

(RD/RA). In 1995, after beginning

remedial investigations for several OUs,

DOE and its regulators concluded that

the OU approach was inefficient for

Mound due to the number and variety

of contaminants on the Site. DOE, EPA,

and OEPA agreed that it would be better

to evaluate each PRS or building

separately, use removal action authority

to remediate each one as needed, and

establish a goal of no additional

remediation other than institutional

controls for the final remedy. Following

completion of removal actions, a

residual risk evaluation would be

conducted to ensure that industrial use

of the block or building would be safe.

DOE, EPA, and OEPA called this

approach the ‘‘Mound 2000 Process.’’

The Mound 2000 Process established

a Core Team consisting of

representatives of DOE, EPA, and OEPA.

The Core Team evaluates each of the

potential contamination problems at the

Mound Site and recommends the

appropriate response. It uses

information gathered from site visits,

existing data, and knowledge of Mound

Plant processes to determine whether or

not any action is warranted for potential

release sites. If a decision cannot be

made based on the information on hand,

the Core Team identifies the specific,

additional information needed. The

Core Team also receives input from

technical experts and from the public.

Thus, all stakeholders have an

opportunity to express their opinions or

suggestions for each potential problem

area.

Block D Response Actions

Under the Mound 2000 Process, the

Core Team identified 18 potential

release sites, including 2 buildings,

within the limits of Block D. Only one—

an area used to dispose of soil

contaminated with thorium—needed an

active response. DOE carried out a

removal action in October, 1998.

Following completion of the removal

action, a residual risk assessment

determined that furture industrial use of

Block D posed no significant risk to

human health or the environment. In

order to ensure that future use of Block

D conforms to the industrial uses

contemplated in the risk assessment,

DOE, with the concurrence of EPA and

OEPA, selected institutional controls as

the final remedy for Block D in a Record

of Decision issued on February 25, 1999.

The ROD called for imposing deed

restrictions on the property, limiting it

to industrial use and preventing any

exposure to children. The ROD also

committed DOE to ensure compliance

with the deed restrictions over the long

term.

Block H Response Actions

Under the Mound 2000 Process, the

Core Team identified only one potential

release site within the limits of Block H.

DOE, EPA, and OEPA determined that

no active response was required. A

residual risk assessment determined

that industrial use of Block H posed no

significant risk to human health or the

environment. In order to ensure that

future use of Block H conforms to the

industrial uses contemplated in the risk

assessment, DOE, with the concurrence

of EPA and OEPA, selected institutional

controls as the final remedy for Block H

in a Record of Decision issued on June

18, 1999. The ROD called for imposing

deed restrictions on the property,

limiting it to industrial use and

preventing any exposure to children.

The ROD also committed DOE to ensure

compliance with the deed restrictions

over the long term.

10374 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

Community Involvement

Public participation activities for

Release Blocks D and H have been

satisfied as required in CERCLA section

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

117, 42 U.S.C. 9617. As part of the

Mound 2000 Process, DOE routinely

solicited public comment on the Core

Team’s recommended response at each

Potential Release Site (PRS) and on the

residual risk assessments. The final

remedy decisions for Release Blocks D

and H were each preceded by the

issuance of a proposed plan, a notice in

the local newspapers commencing a 30-

day public comment period, and a

public meeting where citizens could ask

questions and make comments. All

documents DOE relied upon in making

its remedy decisions were available for

public inspection at the The CERCLA

Public Reading Room, Miamisburg

Senior Adult Center, 305 Central

Avenue, Miamisburg, OH 45342. When

it issued its remedy decisions, DOE

included a written response to all

significant comments.

Current Status

DOE has implemented the RODs for

Release Blocks D and H by placing

restrictions in the deeds for each

property. DOE conveyed Release Block

D to the Miamisburg Mound

Community Improvement Corporation

on March 18, 1999. DOE conveyed

Release Block H to the Miamisburg

Mound Community Improvement

Corporation on August 5, 1999. Because

the remedies for Release Blocks D and

H do not allow unlimited use of and

unrestricted exposure to each property,

DOE, in consultation with EPA, OEPA,

and the Ohio Department of Health, will

review the remedial actions each year to

assure that human health and the

environment are being protected by the

remedial actions being implemented.

While EPA does not believe that any

future response actions for Release

Blocks D and/or H will be needed, if

future conditions warrant such action,

these areas of the Mound Site would be

eligible for future Fund-financed

response actions. This partial deletion

does not alter the status of the

remainder of the Mound Site, which is

not proposed for deletion and remains

on the NPL.

V. Action

EPA, with concurrence from the State

of Ohio, has determined that all

appropriate CERCLA response actions

have been completed at Release Blocks

D and H, and that protection of human

health and the environment has been

achieved in these areas. Therefore, EPA

is deleting Release Blocks D and H of

the Mound 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.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Hazardous substances, Hazardous

waste, Intergovernmental relations,

Penalties; Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: January 19, 2001.

David A. Ullrich,

Acting Regional Administrator, U.S. EPA,

Region 5.

Part 300, title 40 of chapter 1 of the

Code of Federal Regulations is amended

as follow:

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 2 of appendix B to Part 300

is amended by revising the entry for

‘‘Mound Plant (USDOE)’’ Miamisburg,

Ohio to read as follows:

Appendix B to Part 300—National Priorities List

TABLE 2.—FEDERAL FACILITIES SECTION

State Sitename City/County (Notes) 1

*******

OH .............................................................. Mound Plant (USDOE) ............................. Miamisburg ............................................... P

*****

1P=Sites with partial deletion(s).

* * * * *

[FR Doc. 01–3612 Filed 2–14–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 27

[WT Docket No. 99–168; FCC 00–330]

Service Rules for the 746–764 and 776–

794 MHz Bands

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this document, the

Commission dismisses a petition for

reconsideration as moot and adopts a

special rule on default payments for

auctions of licenses in the 746–764 and

776–794 MHz Bands using a package

bidding design.

DATES: February 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Howard Davenport, Attorney, Auctions

Legal Branch at (202) 418–0660.

SUPPLEMENTARY INFORMATION: This is a

summary of a Second Memorandum

Opinion and Order (Second MO&O) in

the Amendment of the Commission’s

Rules Regarding Service Rules for the

746–764 and 776–794 MHz Bands. The

complete text of the Second MO&O is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room CY–A257),

445 12th Street, SW., Washington, DC.

It may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS, Inc.), 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

It is also available on the Commission’s

web site at http://www.fcc.gov/wtb/

auctions.

Synopsis of the Second Memorandum

Opinion and Order

I. Introduction

1. In this Second Memorandum

Opinion and Order (Second MO&O), we

address a petition for reconsideration