[Federal Register: August 26, 2003 (Volume 68, Number 165)]
[Proposed Rules]
[Page 51221-51222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au03-31]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7549-4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
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 periods.
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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announced
its intent to delete the Selected Perimeter Area (SPA, 68 FR 44259) and
the Surface Deletion Area (SDA, 68 FR 44265) of the Rocky Mountain
Arsenal National Priorities List Site (RMA/NPL Site) On-Post Operable
Unit (OU) from the National Priorities List (NPL) on July 28, 2003.
Both 30-day public comment periods are scheduled to end on August 26,
2003. EPA has received a written request to extend these public comment
periods. In response, EPA is extending both public comment periods for
an additional 30 days concluding on September 25, 2003.
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 the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA).
EPA bases its proposal to delete the SPA and SDA portions 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.
The partial deletions pertain only to the SPA and SDA of the On-
Post OU of the RMA/NPL Site and do not include the Off-Post OU or the
rest of the On-Post OU. The Off-Post OU and rest of the On-Post OU will
remain on the NPL and response activities will continue at those OUs.
DATES: Comments concerning the proposed partial deletions may be
submitted to EPA on or before September 25, 2003.
ADDRESSES: Comments may be mailed to: Catherine Roberts, Community
Involvement Coordinator (8OC), U.S. EPA, Region 8, 999 18th Street,
Suite 300, Denver, Colorado, 80202-2466, 1-800-227-8917 or (303) 312-
6025.
Comprehensive information on the RMA/NPL Site, as well as
information specific to both proposed partial deletions, is available
through EPA's Region 8 Superfund Records Center in Denver, Colorado.
Documents are available for viewing by appointment from 8 a.m. to 4
p.m., Monday through Friday excluding holidays by calling (303) 312-
6473. The Administrative Record for the RMA/NPL Site and the Deletion
Dockets for these partial deletions are maintained at the Joint
Administrative Records Document Facility, Building 129, Room 2024,
Commerce City, Colorado 80022-1748, (303) 289-0362. Documents are
available for viewing from 12 p.m. to 4 p.m., Monday through Friday or
by appointment.
FOR FURTHER INFORMATION CONTACT: Ms. Laura Williams, Remedial Project
Manager (8EPR-F), U.S. EPA, Region 8, 999 18th Street, Suite 300,
Denver, Colorado, 80202-2466, (303) 312-6660.
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 a thirty
(30) day extension of the public comment periods for the proposed
deletion of the Selected Perimeter Area and Surface Deletion Area of
the Rocky Mountain Arsenal National Priorities List (RMA/NPL) Site,
Commerce City, Colorado, from the National Priorities List and requests
comment on these proposed actions. The NPL constitutes appendix B of
the National Oil and Hazardous Substances Pollution Contingency Plan,
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 deletions
[[Page 51222]]
from the RMA/NPL Site are 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 (November 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 the SPA and SDA
partial deletions from the RMA/NPL Site until September 25, 2003.
Section II of this action explains the criteria for deleting sites
from the NPL. Section III discusses the procedures that EPA is using
for these proposed partial deletions. Section IV explains how the SPA
and SDA each meet 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
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 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
Sec. 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 SPA and SDA portions of the RMA/NPL Site:
(1) EPA has recommended the partial deletions and prepared the
relevant documents.
(2) The State of Colorado, through the CDPHE, concurred with
publication of the notices of intent for partial deletion.
(3) Concurrent with the national Notices 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 (30) day
public comment period for each deletion package, both ending August 26,
2003, based upon publication of the notices 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 (30) day extension of the public comment periods, which end on
September 25, 2003.
(5) EPA has made all relevant documents available at the
information repositories listed previously for public inspection and
copying.
Upon completion of the thirty (30) calendar day extension of the
public comment periods, EPA Region 8 will evaluate each significant
comment and any significant new data received before issuing a final
decision concerning the proposed partial deletions. EPA will prepare a
responsiveness summary for both the SPA and SDA for each significant
comment and any significant new data received during the public comment
periods and will address concerns presented in such comments and data.
The responsiveness summaries will be made available to the public at
the EPA Region 8 office and the information repository listed above and
will be included in the final deletion packages. 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 either of the partial deletions from the NPL
is appropriate, EPA will publish a final notice of partial deletion in
the Federal Register. Deletion of the SPA or the SDA from the RMA/NPL
Site does not actually occur until a final notice of partial deletion
is published in the Federal Register. A copy of each final partial
deletion package will be placed at the EPA Region 8 office and the
information repository listed above after the final documents have been
published in the Federal Register.
IV. Basis for Intended Partial Site Deletion
This notice announces a thirty (30) day extension of the public
comment periods for the proposed partial deletions from the RMA/NPL
Site. EPA Region 8 announced its intent to delete the SPA and SDA
portions of the RMA/NPL Site from the NPL on July 28, 2003. The
original basis for deleting the SPA and SDA from the RMA/NPL Site has
not changed. The Federal Register notice for the SPA (68 FR 44259) and
the SDA (68 FR 44265) provide a thorough discussion of the bases for
the intended partial deletions.
Dated: August 18, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 03-21781 Filed 8-25-03; 8:45 am]
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