2020-12-02_PERMIT FILE - M2020061

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10/8/2020 Federal Register::National Oil and Hazardous Substance Pollution Contingency Plan:Partial Deletion of the California Gulch Superfund ... Populated Areas;and Operable Unit io(OUio),Oregon Gulch,were deleted from the NPL in previous partial deletion actions.Operable Unit 6(OU6),Starr Ditch/Stray Horse Gulch/Lower Evans Gulch/Penrose Mine Waste Pile;Operable Unit ii(OUii),Arkansas River Floodplain;and Operable Unit 12(OU12),Site-wide Surface and Groundwater Quality,are not being considered for deletion as part of this action and will remain on the NPL. 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(/select-citation/2016/02/09/40-CFR-300.425)(e),sites may be deleted from the NPL where no further response is appropriate.In making such a determination pursuant to 40 CFR 300.425(/select- citation/2oi6/02/09/4o-CFR-300.425)(e),EPA will consider,in consultation with the State,whether any of the following criteria have been met: i.Responsible parties or other persons have implemented all appropriate response actions required;❑ Start Printed Page 6770 ii.all appropriate Fund-financed response under CERCLA has been implemented,and no further response action by responsible parties is appropriate;or iii.the remedial investigation has shown that the release poses no significant threat to public health or the environment and,therefore,the taking of remedial measures is not appropriate. Pursuant to CERCLA section 121(c)and the NCP,EPA conducts five-year reviews to ensure the continued protectiveness of remedial actions where hazardous substances,pollutants,or contaminants remain at a site above levels that allow for unlimited use and unrestricted exposure.EPA conducts such five-year reviews even if a site is deleted from the NPL.EPA may initiate further action to ensure continued protectiveness at a deleted site if new information becomes available that indicates it is appropriate.Whenever there is a significant release from a site deleted from the NPL,the deleted site may be restored to the NPL without application of the hazard ranking system. III. Partial Deletion Procedures The following procedures apply to the deletion of OU1 and OU3: (1)EPA has consulted with the State prior to developing this direct final Notice of Partial Deletion and the Notice of Intent for Partial Deletion co-published in the"Proposed Rules"section of the Federal Register. (2)EPA has provided the State 30 working days for review of this notice and the parallel Notice of Intent for Partial Deletion prior to their publication today,and the State,through the CDPHE,has concurred on the partial deletion of OU1 and OU3 of the Site from the NPL. (3)Concurrently with the publication of this direct final Notice of Partial Deletion,a notice of the availability of the parallel Notice of Intent for Partial Deletion is being published in a major local newspaper,the Leadville Herald Democrat.The newspaper notice announces the 3o-day public comment period concerning the Notice of Intent for Partial Deletion of OUi and OU3 of the Site from the NPL. (4)The EPA placed copies of documents supporting the partial deletion in the deletion docket and made these items available for public inspection and copying at the Site information repositories identified above. https://www.federalregister.gov/documents/2016/02/09/2016-02601/national-oil-and-hazardous-substance-pollution-contingency-plan-partial-deletion-... 5/16