![[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 24, 2006 (Volume 71, Number 100)]
[Proposed Rules]
[Page 29880-29882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-28]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-8172-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent for partial deletion of the Rocky Mountain
Arsenal National Priorities List Site from the National Priorities
List; extension of public comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 announced
its intent to delete the Internal Parcel, encompassing 7,399 acres of
the Rocky Mountain Arsenal National Priorities List Site (RMA/NPL Site)
On-Post Operable Unit (OU), from the National Priorities List (NPL) on
April 26, 2006. The 30-day public comment period is scheduled to end on
May 26, 2006. EPA has received a request to extend the public comment
period. In response, EPA is extending the public comment period for an
additional 30 days concluding on June 26, 2006.
The NPL constitutes Appendix B of 40 CFR part 300 which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
which EPA promulgated pursuant to section 105 of
[[Page 29881]]
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA).
EPA bases its proposal to delete the Internal Parcel of the RMA/NPL
Site 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 to protect human
health, welfare, and the environment and that no further response
action by responsible parties is appropriate.
This partial deletion pertains to the surface media (soil, surface
water, sediment) and structures within the Internal Parcel of the On-
Post OU of the RMA/NPL Site as well as the groundwater below the
Internal Parcel that is east of E Street, with the exception of a small
area of contaminated groundwater located in the northwest corner of
Section 6. The rest of the On-Post OU, including groundwater below RMA
that is west of E Street, and the Off-Post OU will remain on the NPL
and response activities will continue at those OUs.
DATES: Comments must be received on or before June 26, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by one of the following methods:
? http://www.regulations.gov: 
Follow the on-line instruction
for submitting comments.
? E-mail: chergo.jennifer@epa.gov.
? Fax: 303-312-6961.
? Mail: Ms. Jennifer Chergo, Community Involvement
Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street, Suite 300,
Denver, Colorado, 80202-2466.
? Hand Delivery: 999 18th Street, Suite 300, Denver,
Colorado, 80202-2466. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1987-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the EPA's Region
8 Superfund Records Center, 999 18th Street, Denver, Colorado 80202-2466
and the Joint Administrative Records Document Facility, Rocky Mountain
Arsenal, Building 129, Room 2024, Commerce City, Colorado 80022-1748.
The Region 8 Docket Facility is open from 8 a.m. to 4 p.m. by
appointment, Monday through Friday, excluding legal holidays. The EPA
Docket telephone number is 303-312-6473. The RMA's Docket Facility is
open from 12 p.m. to 4 p.m., Monday through Friday, excluding legal
holidays, or by appointment. The RMA Docket telephone number is 303-
289-0362.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Chergo, Community
Involvement Coordinator (8OC), U.S. Environmental Protection Agency,
Region 8, 999 18th Street, Suite 300, Denver Colorado, 80202-2466;
telephone number: 1-800-227-8917 or (303) 312-6601; fax number: 303-
312-6961; e-mail address: chergo.jennifer@epa.gov.
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 (EPA) Region 8 announces a
thirty day extension of the public comment period for the proposed
deletion of the Internal Parcel of the Rocky Mountain Arsenal National
Priorities List (RMA/NPL) Site, Commerce City, Colorado, from the
National Priorities List (NPL) and requests comment on these proposed
actions. The NPL constitutes Appendix B of 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), 42
U.S.C. 9605. EPA identifies sites that appear to present a significant
risk to public health or the environment and maintains the NPL as the
list of those sites. Sites on the NPL may be the subject of remedial
actions financed by the Hazardous Substance Superfund (Fund). The
partial deletion from the RMA/NPL Site is proposed in accordance with
40 CFR 300.425(e) and Notice of Policy Change: Partial Deletion of
Sites Listed on the National Priorities List (60 FR 55466 (Nov. 1,
1995)). As described in 40 CFR 300.425(e)(3), portions of a site
deleted from the NPL remain eligible for further remedial actions if
warranted by future conditions.
EPA will accept comments concerning its intent for partial deletion
of the RMA/NPL Site until June 26, 2006.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses the procedures that EPA is using
for this proposed partial deletion. Section IV discusses the Internal
Parcel and explains how it meets the deletion criteria.
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
section 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;
[[Page 29882]]
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.
A partial deletion of a site from the NPL does not affect or impede
EPA's ability to conduct CERCLA response activities for portions not
deleted from 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. The
U.S. Army and Shell Oil Company will be responsible for all future
remedial actions required at the areas deleted if future site
conditions warrant such actions.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
Section 300.425(e) of the NCP has been met, EPA may formally begin
deletion procedures. The following procedures were used for the
proposed deletion of the Internal Parcel from the RMA/NPL Site:
(1) The Army has requested the partial deletion and prepared the
relevant documents.
(2) The State of Colorado, through the CDPHE, concurred with
publication of the notice of intent for partial deletion.
(3) Concurrent with the national Notice of Intent for Partial
Deletion, a local notice was published in a newspaper of record and
distributed to appropriate Federal, State, and local officials, and
other interested parties. These notices announced a thirty day public
comment period, ending May 26, 2006, based upon publication of the
notice in the Federal Register and a local newspaper of record.
(4) Concurrent with this national Notice of the Public Comment
Extension, a local 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 day extension of the public comment period, ending June 26, 2006.
(5) EPA has made all relevant documents available at the information
repositories listed previously for public inspection and copying.
Upon completion of the thirty calendar day extension of the public
comment period, EPA Region 8 will evaluate each significant comment and
any significant new data received before issuing a final decision
concerning the proposed partial deletion. EPA will prepare a
responsiveness summary for each significant comment and any significant
new data received during the public comment period and will address
concerns presented in such comments and data. The responsiveness
summary will be made available to the public at the EPA Region 8 office
and the information repositories listed above and will be included in
the final deletion package. Members of the public are encouraged to
contact EPA Region 8 to obtain a copy of the responsiveness summaries.
If, after review of all such comments and data, EPA determines that the
partial deletion from the NPL is appropriate, EPA will publish a final
notice of partial deletion in the Federal Register. Deletion of the
Internal Parcel of the RMA/NPL Site does not actually occur until a
final notice of partial deletion is published in the Federal Register.
A copy of the final partial deletion package will be placed at the EPA
Region 8 office and the information repositories listed above after the
final document has been published in the Federal Register.
IV. Basis for Intended Partial Site Deletion
This notice announces a thirty day extension of the public comment
period for the proposed partial deletion from the RMA/NPL Site. EPA
Region 8 announced its intent to delete the Internal Parcel of the RMA/
NPL Site from the NPL on April 26, 2006. The original basis for
deleting the Internal Parcel from the RMA/NPL Site has not changed. The
Federal Register notice for the Internal Parcel (71 FR 24627, Apr. 26,
2006) provides a thorough discussion of the basis for the intended
partial deletion.
Dated: May 15, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. E6-7664 Filed 5-23-06; 8:45 am]
BILLING CODE 6560-50-P