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Federal Register Notice

This page contains the following two Federal Register Notices both published on Thursday, February 15, 2001:

10367 - 10371 Federal Register:   Partial direct final deletion of the California Gulch Superfund Site from the National Priorities List (NPL).

10371 - 10374 Federal Register:   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.

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Notice of Direct Final Action, Effective April 16, 2001

10367 - 10371 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

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10367 - 10371 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300
[FRL-6927-2]

National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

AGENCY: Environmental Protection Agency (EPA)
ACTION:  Partial direct final deletion of the California Gulch Superfund Site from the National Priorities List (NPL).

SUMMARY:

The Environmental Protection Agency (EPA) Region 8 announces its intent to delete Operable Unit 10 (OU 10) of the California Gulch Superfund Site (Site) from the National Priorities List (NPL) and requests public comment on this action. The NPL constitutes Appendix B of 40 CFR Part 300, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, 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.

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ADDRESSES:

Comments may be mailed to:

Rebecca Thomas
Remedial Project Manager
Environmental Protection Agency, Region8
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

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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:

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.

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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)(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.

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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.

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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 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:

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 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

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Notice of Direct Final Action, Effective April 16, 2001

10371 - 10374 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

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10371 - 10374 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Rules and Regulations

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.

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.

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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
(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

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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.

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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:

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 from the NPL does not affect the liability of responsible parties or impede agency efforts to recover costs associated with response efforts.

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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.

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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.

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.

[Return to Table of Contents]

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

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