![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 22, 2001 (Volume 66, Number 99)]
[Rules and Regulations]
[Page 28106-28110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my01-13]
-----------------------------------------------------------------------
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
Sec. 300.425(e),
[[Page 28107]]
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.
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, it 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 deleted from the NPL. A partial
deletion of a site from the NPL does no 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.
III. Deletion Procedures
Deletion or partial deletion of sites 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 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 partial deletion, a public notice has been
published in a local newspaper 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
document 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
action 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 Partial Site Deletion
The following provides EPA's rationale for deletion of OU 2 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. 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. 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 2 specific studies were conducted, including the Malta Gulch Tailing
Engineering Evaluation/Cost Analysis and studies conducted by the Hecla
Mining Company (Hecla).
In order to expedite the clean-up of the Site, EPA agreed, pursuant
to a 1994 Consent Decree settlement, 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 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 settlement agreement
reached in 1994, OUs 2 through 11 were designated to deal with areas
where the appropriate responsible party or the United States would
conduct source remediation. The settlement agreement 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.
The source areas to be addressed by OU 2 included the Malta Gulch
Tailing Impoundments, including the Leadville Corporation Mill; the
Malta Tailing Impoundment, including the Leadville Silver & Gold Mill
facility; and the fluvial tailing in the area known as the Lower Malta
Gulch. Pursuant to settlements reached with the responsible parties at
each of these properties, EPA is responsible for
[[Page 28108]]
conducting the appropriate response actions at these properties.
EPA performed four (4) removal/response actions at these sites. In
chronological order, the fluvial tailing in Lower Malta Gulch were
excavated from the Gulch and placed in a portion of the Malta Gulch
Tailing Impoundment. These materials were graded, capped and
revegetated. The remainder of the Malta Gulch Tailing Impoundment was
capped in 1992 by Leadville Corporation to control fugitive dust
emissions. The material in the Malta Tailing Impoundment (Leadville
Silver & Gold) was graded, capped and revegetated. And, forty-two drums
were removed from the Leadville Corporation Mill and appropriately
disposed.
On September 30, 1999, after completion of the removal actions, EPA
issued a Record of Decision for OU 2 presenting EPA's decision that no
further CERCLA action, as regards source remediation, is necessary to
protect human health and the environment. The OU 2 ROD also provided
for long-term monitoring of the Impoundments, including monitoring of
the present use restrictions to prevent uses incompatible with the
response actions would be necessary at the Malta Gulch Tailing
Impoundment and the Malta Tailing Impoundment. Monitoring may include
minor maintenance. Monitoring and any minor maintenance will be
implemented by the Colorado Mountain College and through funds received
by the United States in a settlement with a potentially responsible
party. In the event that significant maintenance issues are identified
by the Colorado Mountain College, EPA will take appropriate action to
ensure protectiveness of the remedy. In addition, five-year reviews are
also necessary for these sites.
OU 2 Response Actions
Lower Malta Gulch
The fluvial tailings in Lower Malta Gulch, also identified as
Fluvial Tailing #7 in the Tailing Disposal Area Remedial Investigation
Report, lie directly downstream of the Malta Gulch Tailing
Impoundments. Malta Gulch runs in a southwesterly direction for about
three miles where it joins California Gulch.
The fluvial tailing in Lower Malta Gulch originated from the
milling operations conducted by the Ore & Chemical Company (OCC) from
the fall of 1943 through August 1946. OCC had constructed a large
tonnage sink-float mill near the site of the present day Leadville
Corporation Mill. OCC deposited approximately 800,000 tons of tailing
behind low profile berms. These berms appear to have been unsuccessful
in completely containing the tailing and there appears to have been
periodic releases of OCC tailing into the Lower Malta Gulch.
Fluvial Tailing Site #7 covered an area of approximately 26 acres.
Sampling at this site found lead levels ranging from 5.5 to 47,800
parts per million (ppm). The Time Critical Removal Action for Lower
Malta Gulch Fluvial Tailing was performed in the 1995 and 1996
construction seasons. The materials excavated from Lower Malta Gulch
Fluvial Tailing were disposed at the Malta Gulch Tailing Impoundment
prior to the Non-Time Critical Removal Action which was planned for
Malta Gulch Tailing Impoundment in 1996.
During the 1995 construction season, approximately 34,000 cubic
yards of contaminated material was removed from Lower Malta Gulch
Fluvial Tailing and deposited in the Malta Gulch Tailing Impoundment.
Four check dams, and a diversion berm between the upper and lower
portions of Malta Gulch were constructed to manage surface runoff.
Revegetation work in Malta Gulch was performed in 1996.
The clean-up standard for this removal was the industrial/
commercial clean-up level for California Gulch of 6,700 ppm total lead.
Confirmation sampling demonstrated that the excavation and removal had
successfully lowered lead levels to below the Site residential clean-up
level of 3,500 ppm total lead, thus no institutional controls are
necessary at this portion of OU 2. Subsequent monitoring in 1997 and
1998 have verified that the revegetation was successful and no long
term monitoring is required.
Malta Gulch Tailing Impoundments
The Malta Gulch Tailing Impoundment (MGTI) is located at the upper
end of Malta Gulch about two miles west of the City of Leadville. The
Stringtown portion of the Leadville Mining Area District, which
includes the Malta Gulch Tailing Impoundments (MGTI), was developed
between 1879 and 1882 as a large group of placer claims.
As explained above, it appears that the earliest use of this area
for tailing disposal was from the fall of 1943 through August 1946 by
the OCC. The OCC tailing berms became the pre-cursors to the current
basins known as Impoundments #1 and #2. From the period of 1945 to
1973, there was no activity at this portion of the Site although
ownership of the property changed hands numerous times. The property
was purchased by its current owner, Leadville Corporation, in 1968. In
1974, the Hecla Mining Company (Hecla), in conjunction with Day Mines,
leased the property as a site for disposal of tailing generated from
its milling of ores from the Sherman Mine which was a silver mine in a
dolomite formation. The MGTI, in its present configuration, was
constructed in 1974 by Hecla/Day. Hecla/Day also constructed 3 tailing
impoundments (#1, 2, 3), two water retention impoundments (#4 and 6)
and a clarification basin (#5). The entire facility occupies
approximately 23 acres. These milling operations were permitted and
bonded by the State of Colorado's Division of Minerals & Geology, and
the permit remains in effect. Hecla leased the MGTI from Leadville
Corporation until 1987. During its leasehold, Hecla/Day operated an on-
site flotation mill that generated approximately 680,000 tons of
tailing. No cyanide was used in the processing during this time. The
Leadville Corp. refitted the mill to use a cyanide leaching process and
approximately 50,000 tons of dolomitic tailing were added to the
impoundments in 1988.
Hecla completed an engineering evaluation/cost analysis (EE/CA) for
the MGTI in July, 1993. Sampling at the MGTI showed lead in the range
of 800 to 57,600 parts per million (ppm). Based on the findings of the
EE/CA, EPA conducted a non-time critical removal to consolidate, grade,
cap, and revegetate the MGTI.
Capping work at the MGTI included the completion of the dust
control dolomite gravel caps at Ponds 1, 2, and 3 that was initiated by
Leadville Corporation in 1991. EPA work at the MGTI was performed in
two field construction seasons. Clean-up activities commenced on
October 5, 1995 and were completed on October 15, 1996. Borrow material
was obtained from the Leadville Corporation borrow pit immediate north
of the impoundments across County Road 3. Borrow material is comprised
of non-mineralized glacial moraine deposits. This helped assure that
cap materials had lead levels below the 6,700 mg/kg total lead (the
commercial/industrial soil lead action level for this property). Borrow
was placed at a depth of 6-12 inches. Prior to capping, 30,000 cubic
yards of metals-contaminated fluvial tailings from Lower Malta Gulch
were also transported and placed in the MGTI Pond 3. These materials
were capped, graded, and revegetated. Other elements of the MGTI clean-
up included: The
[[Page 28109]]
construction of a rip-rap geotextile spillway to control runoff, the
stabilization of a section of retainment berm, the reestablishment of
the local drainage and fencing, and soil hot spot removals and
revegetation of areas around the mill building.
In order to ensure continued protectiveness of the remedy, long-
term monitoring will be conducted in accordance with the Monitoring
Plan to assure that the cover material and vegetation remain effective.
In addition, present zoning of the MGTI is Industrial Mining which will
not allow uses inconsistent with the remedy. Periodic monitoring and
review is necessary to verify that zoning of the MGTI has not been
changed to allow uses inconsistent with the remedy, and that
groundwater is not being used as a source of drinking water. Monitoring
is also necessary to periodically review the status of this DMG permit.
Site closure and reclamation will be completed in accordance with the
DMG permit requirements. The long-term monitoring program for the MGTI
will be implemented by the Colorado Mountain College. This program will
commence upon finalization of the work plan submitted in August 2000.
Malta Tailing Impoundment
The Malta Tailing Impoundment (MTI), owned by Leadville Silver &
Gold, Inc., is located 1.5 miles west of Leadville, 0.8 miles north of
Stringtown and 0.6 miles north of California Gulch. Leadville Silver &
Gold, Inc. constructed a mill to recover pyritic materials from various
tailing and waste materials from nearby properties which had been
obtained under leasehold arrangements. This pyritic materials recovery
process operated from 1983 through 1988.
Approximately 2,000 tons of pyrite were shipped to various off-site
smelters for use as a flux. As a result of this operation,
approximately 10,000 cubic yards of tailing were disposed of at the
Malta Tailing Impoundment.
The Malta Tailing Impoundment consists of three small impoundments
surrounded by berms, and occupies 4.6 acres of nearly flat land at the
top of a ridge. The total volume of tailing is estimated to be slightly
in excess of 10,000 cubic yards.
Areas within the immediate vicinity of the tailing impoundments
were littered with scrap metal, concrete slabs, and other mining/
processing material. There was also a stockpile of mine waste,
including drums of product, nearby.
Sampling of the tailing showed lead concentrations ranging from
3,850 mg/Kg to 7,250 mg/Kg. The tailing and pyritic material presented
a risk to human health and the environment, since they are a source of
acid mine drainage.
In the fall of 1996, EPA conducted a removal action to consolidate
the acid-generating materials, neutralize the acidic leachate, and
grade, cap, and revegetate the MTI. In addition, the piles of pyrite
concentrate, and drums were removed during the 1996 construction
season, for use as a product.
Confirmation samples showed the revegetated soil surface of the
impoundment to be below the 6,700 ppm total lead commercial/industrial
Site standard.
In order to ensure continued protectiveness of the remedy, long-
term monitoring will be required to assure that the cover material and
vegetation remain effective. In addition, present zoning of the MTI is
Industrial Mining which will not allow uses inconsistent with the
remedy. Periodic monitoring and review is necessary to verify that
zoning of the MTI has not been changed to allow uses inconsistent with
the remedy, and that groundwater is not used as a source for drinking
water. Monitoring may include minor maintenance. Monitoring and any
minor maintenance will be implemented by the Colorado Mountain College.
In the event that significant maintenance issues are identified by the
Colorado Mountain College, EPA will take appropriate action to ensure
protectiveness of the remedy. This program commenced in July 2000.
Leadville Corporation Mill, Drum Removal
The Leadville Corporation mill is located at the southern boundary
of the MGTI. In 1997, officials of the State's Division of Minerals &
Geology conducted a mine permit inspection and discovered that 42
drums, in one of the buildings at the Leadville Corporation mill, were
corroding and beginning to leak. Since Leadville Corporation did not
have the resources to dispose of the drums, the State requested EPA's
Emergency Response Team to dispose of them. Thirty-six 55 gallon drums
and six 5 gallon drums were involved. The drums contained hazardous
substances which represented a threat to human health and the
environment. The drums contained acids, bases and flammable liquids.
EPA conducted an emergency removal action in 1998 to address the
threats posed by these drums. The drums were over packed and sent off-
site for appropriate disposal. This was a complete removal so no
monitoring or institutional controls are necessary for this portion of
OU 2.
Community Involvement
At Leadville, Colorado, the public interest in the clean up of this
Superfund Site has been intensive; many public meetings have been held.
Numerous Fact Sheets have been released to the public. On August 2,
1993, the public was notified in the local newspaper that the Final
Engineering Evaluation/Cost Analysis (EE/CA), Malta Gulch Tailing,
Leadville, Colorado, dated July 29, 1993 was available for review and
comment. EPA held a public meeting in Leadville on August 12, 1993. The
comment period continued through September 1, 1993. EPA responded to
all comments on the EE/CA in a Responsiveness Summary which was
prepared in September 1993 prior to the issuance of the Action
Memorandum on September 10, 1993. The notice of availability of the
Proposed Plan 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. Responses to all comments received during the public
comment period are included in the Responsiveness Summary attached to
the ROD for OU 2. On September 30, 1999, EPA issued a final ROD for OU
2. As described above, the ROD called only for ongoing monitoring of
active response actions and use restrictions. EPA's decision is based
on information contained in the final Administrative Record for OU 2.
The final Administrative Record is available at the California Gulch
Site information repository and the EPA Region 8, Superfund Records
Center.
Current Status
Based on the successful completion of the above described removal
actions and implementation of the long-term monitoring program for the
MGTI and MTI, there are no further response actions planned or
scheduled for OU 2.
Because this decision results in hazardous substances remaining on
site, above health-based levels, monitoring of the previous response
actions will be required. This monitoring will be conducted in addition
to 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 in 2001.
While EPA does not believe that any future response action in the
Malta Gulch area will be needed, if future conditions warrant such
action, the
[[Page 28110]]
deletion areas of the California Gulch Superfund Site remain eligible
for future Fund-financed response actions. Furthermore, this partial
deletion does not alter the status of the other OUs of the Site which
are not being deleted and remain on the NPL. EPA, with concurrence from
the State of Colorado, has determined that all appropriate CERCLA
response actions have been completed at OU 2 and protection of human
health and the environment has been achieved in this area. Therefore,
EPA is deleting the Malta Gulch area of the California Gulch Superfund
Site from the NPL. This action will be effective July 23, 2001.
However, if EPA receives dissenting comments by June 21, 2001, EPA will
publish a document that withdraws this action.
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: February 12, 2001.
Jack W. McGraw,
Acting Regional Administrator, 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: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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 for ``California Gulch'' so that it reads
as follows:
Table 1.--General Superfund Section
------------------------------------------------------------------------
State Site name City/County Notes
------------------------------------------------------------------------
* * * *
CO California Gulch...... Leadville............ P
* * * *
------------------------------------------------------------------------
P = Sites with partial deletion(s).
[FR Doc. 01-12710 Filed 5-21-01; 8:45 am]
BILLING CODE 6560-50-P