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10/8/2020 Federal Register::National Oil and Hazardous Substance Pollution Contingency Plan:Partial Deletion of the California Gulch Superfund... <br /> EPA has consulted with the State,Lake County Commissioners,and the City of Leadville on the proposed <br /> partial deletion of OUi and OU3 of the California Gulch Site from the NPL prior to developing this Notice of <br /> Partial Deletion.Through the five-year reviews,EPA has also determined that the response actions taken are <br /> protective of public health or the environment and,therefore,taking of additional remedial measures is not <br /> appropriate. <br /> The implemented remedies achieve the degree of cleanup or protection specified in:for OU1,the 1988 OU1 <br /> ROD,1989 OUi AROD,the 1991 OUi ESD and 2013 OU1 ESD;and for OU3,the 1998 OU3 ROD and the <br /> 2014 OU3 ESD. <br /> All selected removal and remedial action objectives and associated cleanup goals for OU1 and OU3 are <br /> consistent with agency policy and guidance.This partial deletion meets the completion requirements as <br /> specified in OSWER Directive 9320.2-22,Close Out Procedures for National Priority List Sites.All response <br /> activities at OUi and OU3 of the Site are complete and the two operable units pose no unacceptable risk to <br /> human health or the environment.Therefore,EPA and CDPHE have determined that no further response is <br /> necessary at OU1 and OU3 of the Site. <br /> V. Partial Deletion Action <br /> The EPA,with concurrence of the State through the CDPHE has determined that all appropriate response <br /> actions under CERCLA,other than operation,maintenance,monitoring and five-year reviews,have been <br /> completed.Therefore,EPA is deleting all of OU1,Yak Tunnel/Water Treatment Plant;and OU3,D&RGW <br /> Slag Easement/Railroad Yard,of the Site. <br /> Because EPA considers this action to be non-controversial and routine,EPA is taking it without prior <br /> publication.This action will be effective April 11,2o16 unless EPA receives adverse comments by March lo, <br /> 2o16.If adverse comments are received within the 3o-day public comment period,EPA will publish a timely <br /> withdrawal of this direct final notice of partial deletion before the effective date of the partial deletion and it <br /> will not take effect.EPA will prepare a response to comments and continue with the deletion process on the <br /> basis of the notice of intent to partially delete and the comments already received.There will be no additional <br /> opportunity to comment. <br /> List of Subjects in 40 CFR Part 300 (/select-citation/2016/02/09/40-CFR- <br /> 300) <br /> ■ Environmental protection <br /> ■ Air pollution control <br /> ■ Chemicals <br /> ■ Hazardous waste <br /> ■ Hazardous substances <br /> ■ Intergovernmental relations <br /> ■ Penalties <br /> ■ Reporting and recordkeeping requirements <br /> ■ Superfund <br /> ■ Water pollution control <br /> ■ Water supply <br /> Dated:January 15,2016. <br /> hftps://www.federairegister.gov/documents/2016/02/09/2016-02601/national-oil-and-hazardous-substance-pollution-contingency-plan-partial-deletio... 15/16 <br />