[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Rules and Regulations]
[Pages 10367-10371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3614]


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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).

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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,

[[Page 10368]]

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 Sec. 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.

[[Page 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, Sec. 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 V-shaped valley with surface water

[[Page 10370]]

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:
    <bullet> Reconstruction of Lower California Gulch and Floodplain.
    <bullet> 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.
    <bullet> 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.)
    <bullet> Installation of an upgradient groundwater interceptor 
trench.
    <bullet> 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.
    <bullet> Installation of a seep collection system.
    <bullet> Installation of a seep management system consisting of a 
seep storage tank, pump, float control unit, electric hook-up, 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.
    <bullet> 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

[[Page 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
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               State                        Site name              City/County                Notes (a)
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*                  *                  *                  *                  *                  *
                                                        *
CO.................................  California Gulch......  Lake County...........  P
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 01-3614 Filed 2-14-01; 8:45 am]
BILLING CODE 6560-50-P