National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 43071-43073 [06-6572]
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43071
Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Rules and Regulations
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless EPA consults with State and
local officials early in the process of
developing the proposed regulation.
Today’s rule does not have federalism
implications. It does not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, because the rule
only affects one facility.
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of
Congress and to the Comptroller General
of the United States.
Under section 804 of the
Congressional Review Act, rules of
particular applicability are exempted
from the requirements of section 801.
See 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today’s
action under section 801 because this is
a rule of particular applicability. This
rule is effective on September 29, 2006.
XVII. Submission to Congress and
Government Accountability Office
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Environmental protection, Hazardous
waste, Recycling, and Reporting and
recordkeeping requirements.
List of Subjects in 40 CFR Part 261
Authority: Section 3001(f) RCRA, 42 U.S.C.
6921(f).
Dated: July 18, 2006.
Beverly H. Banister,
Acting Director, Waste Management Division,
Region 4.
For the reasons set out in the
preamble, 40 CFR part 261 is amended
as follows:
I
PART 261—IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
1. The authority citation for part 261
continues to read as follows:
I
Authority: 42 U.S.C. 6905, 6912(a), 6921,
6922, and 6938.
2. In Table 2 of Appendix IX of Part
261, the following waste is added in
alphabetical order by facility to read as
follows:
I
Appendix IX to Part 261—Wastes
Excluded Under §§ 260.20 and 260.22
*
*
*
*
*
TABLE 2.—WASTES EXCLUDED FROM SPECIFIC SOURCES
Facility
Address
Waste description
*
Olin Corporation
*
Charleston, TN ..
*
*
*
*
*
Sodium chloride purification muds and potassium chloride purification muds (both classified as EPA Hazardous Waste No. K071) that have been batch tested using EPA’s Toxicity Characteristic Leaching
Procedure and have been found to contain less than 0.05 ppm mercury. Purification muds that have
been found to contain less than 0.05 ppm mercury will be disposed in Olin’s on-site non-hazardous
waste landfill or another Subtitle D landfill. Purification muds that exceed this level will be considered a
hazardous waste.
*
*
*
[FR Doc. 06–6587 Filed 7–28–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1987–0002; FRL–8204–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Notice of partial deletion of the
Rocky Mountain Arsenal National
Priorities List Site from the National
Priorities List.
rmajette on PROD1PC67 with RULES1
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) Region 8 announces the
deletion of the Internal Parcel of the
Rocky Mountain Arsenal National
Priorities List (RMA/NPL) Site from the
National Priorities List (NPL). All areas
originally proposed for deletion (71 FR
24627), except for a three-acre area
VerDate Aug<31>2005
14:56 Jul 28, 2006
Jkt 208001
*
*
which encompasses the Rail Yard
Treatment System, are being deleted
(see map). The Rail Yard Treatment
System is excluded from the Internal
Parcel due to a delay in developing the
Interim Construction Completion
Report. With the Rail Yard area
excluded, the Internal Parcel consists of
7,396 acres (11.5 square miles) of the
On-Post Operable Unit of RMA. 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), as amended. EPA and
the State of Colorado, through the
Colorado Department of Public Health
and Environment (CDPHE), have
determined that the Internal Parcel of
the RMA/NPL Site poses no significant
threat to public health or the
environment and, therefore, no further
remedial measures pursuant to CERCLA
are appropriate.
This partial deletion pertains to the
surface media (soil, surface water,
PO 00000
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Sfmt 4700
*
*
sediment), structures, and groundwater
of the Internal Parcel of the On-Post OU
of the RMA/NPL Site. The Internal
Parcel includes groundwater that is east
of E Street with the exception of a small
area in the northwest corner of Section
6. The Rail Yard Treatment System and
the rest of the On-Post OU, including
groundwater below RMA that is west of
E Street and the small area in the
northwest corner of Section 6, as well as
the Off-Post OU will remain on the NPL.
This partial deletion of the Internal
Parcel will not change Appendix B of 40
CFR part 300, which was previously
amended in January 2003 (68 FR 2699)
to reflect that a partial deletion of 1.5
square miles from the RMA/NPL Site
had occurred.
DATES: This partial deletion of the
Internal Parcel is effective on July 31,
2006.
Ms.
Jennifer Chergo, Community
Involvement Coordinator (8OC), U.S.
Environmental Protection Agency,
Region 8, 999 18th Street, Suite 300,
Denver, Colorado 80202–2466;
FOR FURTHER INFORMATION CONTACT:
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31JYR1
43072
Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Rules and Regulations
rmajette on PROD1PC67 with RULES1
telephone number: 1–800–227–8917 or
(303) 312–6601; fax number: 303–312–
6961; e-mail address:
chergo.jennifer@epa.gov.
SUPPLEMENTARY INFORMATION: The Rocky
Mountain Arsenal National Priorities
List (RMA/NPL) Site is located in
southern Adams County, Colorado and
is comprised of two operable units (OU),
the On-Post and Off-Post. The On-Post
OU of the RMA/NPL Site encompasses
17.2 square miles (11,007 acres)
approximately eight miles northeast of
downtown Denver, Colorado. The OffPost OU addresses contamination north
and northwest of the RMA proper
boundaries. The Internal Parcel consists
of approximately 11.5 square miles
(7,396 acres) of the On-Post OU of RMA
in Commerce City, Colorado.
This partial deletion pertains to the
surface media (soil, surface water,
sediment), structures, and groundwater
of the Internal Parcel of the On-Post OU
of the RMA/NPL Site. The Internal
Parcel includes groundwater that is east
of E Street with the exception of a small
area 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 small area in the
northwest corner of Section 6, and the
Off-Post OU will remain on the NPL.
On April 26, 2006, EPA published a
Notice of Intent for Partial Deletion
(NOIDp) in the Federal Register (71 FR
24627) and local newspapers which
proposed to delete the Internal Parcel
from the RMA/NPL Site. EPA received
comment letters from ninety-four
organizations/entities and individuals.
Authors of six letters were opposed to
the proposed partial deletion of the
Internal Parcel. One of these letters
requested postponement of the deletion
stating that the 60-day review time was
insufficient to review and resolve
questions regarding characterization of
the eastern portion of the Internal Parcel
and their perception of unnecessary risk
posed by deletion of the western portion
of the Internal Parcel. Several
commenters also questioned the ‘‘piecemeal’’ approach to the Internal Parcel
deletion.
In our Responsiveness Summary, EPA
described the CERCLA investigation
process and how various areas of the
Internal Parcel, including the eastern
portion which includes the groundwater
aquifer below a demolition range, were
VerDate Aug<31>2005
14:56 Jul 28, 2006
Jkt 208001
characterized. This process included file
searches, ‘‘desktop’’ information (e.g.,
aerial photographs) searches, site
reconnaissance, and collection of both
soil and groundwater samples during
the Remedial Investigation (RI). Soil
samples were collected from burn pits
and ordnance disposal areas, specific
areas of concern to the commenters,
during the RI. Explosive residue and
Toxicity Characteristic Leaching
Procedure (TCLP)-metals were
addressed during pre-design studies for
the Burial Trenches and Munitions
(Testing) Soil Remediation Project.
These studies showed that explosive
residue and TCLP-metal concentrations
were below risk-based regulatory levels.
Considering these studies, the geology
of the area, as well as the history of the
disposal areas, there is no evidence of
explosive or TCLP-metal soil
contamination that could act as a source
of groundwater contamination. The
discovery of limited additional
contamination at one area subsequent to
the original excavation being completed
demonstrates the multiple, sometimes
overlapping, elements of the selected
remedy that protect human health and
the environment. These elements
include excavation of known
contaminated soil, further evaluation of
ecological risks, and collection of
confirmatory samples.
EPA ensures that human health is
protected from on-going remedial
activities on the remaining NPL areas
through effective control of project
emissions, restricting visitor access, and
implementation of the Site-Wide Air
Quality Monitoring Program Plan,
including monitoring of air emissions.
There are two major project areas that
involve disturbance of contaminated
soil remaining in the NPL area. Visitors
to the Refuge are restricted to areas
located approximately one mile from
the Lime Basin slurry wall project and
approximately two miles from the Basin
F projects. Air emissions are measured
at the current fenceline and near the
Visitor Center to verify that potential
risks to visitors and the nearby
communities are minimized. These
requirements to protect human health
will remain in place irrespective of the
deletion of the Internal Parcel.
EPA’s responsiveness summary
further explained how only areas which
met the criteria of ‘‘Responsible parties
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Frm 00042
Fmt 4700
Sfmt 4700
or other persons have implemented all
appropriate response actions required’’
(40 CFR 300.425(e)(1)(i)) were
considered for deletion. EPA’s Partial
Deletions Rule, published November 1,
1995, was intended to allow portions of
a site or an OU that have been cleaned
up to be available for productive use,
especially where total site cleanup may
take many years. This description
accurately reflects the ongoing cleanup
at the RMA/NPL Site, which is over 50
percent complete, i.e., ten years of the
fifteen-year schedule have passed and
16 of the 31 remedy projects have been
completed. Partial deletion of the
Internal Parcel communicates to the
public the successful implementation of
the remedy and progress toward final
cleanup. In addition, it helps the Army
achieve its goal of transferring property
and furthers the purposes of the RMA
National Wildlife Refuge Act (1992).
The Internal Parcel deletion, though
described as ‘‘piece-meal’’ by the
commenters, is consistent with other
partial deletions that leave islands of an
NPL site surrounded or abutted by
deleted lands, e.g., Cecil Field, (68 FR
27746).
The remaining eighty-eight letters
supported proceeding with the Internal
Parcel deletion based upon their
confidence in the thoroughness of the
cleanup activities conducted by the
Department of the Army (Army) and
Shell Oil Company (Shell). EPA agrees
that completion of the remedy
requirements as well as recent, site-wide
studies adequately demonstrate that the
Internal Parcel does not present a threat
to the environment or human health and
deletion of the Internal Parcel from the
RMA/NPL Site is appropriate.
EPA identifies sites that appear to
present a significant risk to public
health, welfare, or the environment and
maintains the NPL as the list of those
sites. Any site deleted from the NPL
remains eligible for Fund-financed
actions in the unlikely event that
conditions at the site warrant such
action. Section 300.425(e)(3) of the NCP
states that Fund-financed actions may
be taken at sites deleted from the NPL.
Deletion of a site from the NPL does not
affect responsible party liability or
impede Agency efforts to recover costs
associated with response efforts.
BILLING CODE 6560–50–P
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 71, No. 146 / Monday, July 31, 2006 / Rules and Regulations
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
VerDate Aug<31>2005
14:56 Jul 28, 2006
Jkt 208001
requirements, Superfund, Water
pollution control, Water supply.
PO 00000
Dated: July 24, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 06–6572 Filed 7–28–06; 8:45 am]
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ER31JY06.000</GPH>
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List of Subjects in 40 CFR Part 300
43073
]]>Agencies
[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Rules and Regulations]
[Pages 43071-43073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6572]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-8204-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of partial deletion of the Rocky Mountain Arsenal
National Priorities List Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces
the deletion of the Internal Parcel of the Rocky Mountain Arsenal
National Priorities List (RMA/NPL) Site from the National Priorities
List (NPL). All areas originally proposed for deletion (71 FR 24627),
except for a three-acre area which encompasses the Rail Yard Treatment
System, are being deleted (see map). The Rail Yard Treatment System is
excluded from the Internal Parcel due to a delay in developing the
Interim Construction Completion Report. With the Rail Yard area
excluded, the Internal Parcel consists of 7,396 acres (11.5 square
miles) of the On-Post Operable Unit of RMA. 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), as amended. EPA and the State
of Colorado, through the Colorado Department of Public Health and
Environment (CDPHE), have determined that the Internal Parcel of the
RMA/NPL Site poses no significant threat to public health or the
environment and, therefore, no further remedial measures pursuant to
CERCLA are appropriate.
This partial deletion pertains to the surface media (soil, surface
water, sediment), structures, and groundwater of the Internal Parcel of
the On-Post OU of the RMA/NPL Site. The Internal Parcel includes
groundwater that is east of E Street with the exception of a small area
in the northwest corner of Section 6. The Rail Yard Treatment System
and the rest of the On-Post OU, including groundwater below RMA that is
west of E Street and the small area in the northwest corner of Section
6, as well as the Off-Post OU will remain on the NPL. This partial
deletion of the Internal Parcel will not change Appendix B of 40 CFR
part 300, which was previously amended in January 2003 (68 FR 2699) to
reflect that a partial deletion of 1.5 square miles from the RMA/NPL
Site had occurred.
DATES: This partial deletion of the Internal Parcel is effective on
July 31, 2006.
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;
[[Page 43072]]
telephone number: 1-800-227-8917 or (303) 312-6601; fax number: 303-
312-6961; e-mail address: chergo.jennifer@epa.gov.
SUPPLEMENTARY INFORMATION: The Rocky Mountain Arsenal National
Priorities List (RMA/NPL) Site is located in southern Adams County,
Colorado and is comprised of two operable units (OU), the On-Post and
Off-Post. The On-Post OU of the RMA/NPL Site encompasses 17.2 square
miles (11,007 acres) approximately eight miles northeast of downtown
Denver, Colorado. The Off-Post OU addresses contamination north and
northwest of the RMA proper boundaries. The Internal Parcel consists of
approximately 11.5 square miles (7,396 acres) of the On-Post OU of RMA
in Commerce City, Colorado.
This partial deletion pertains to the surface media (soil, surface
water, sediment), structures, and groundwater of the Internal Parcel of
the On-Post OU of the RMA/NPL Site. The Internal Parcel includes
groundwater that is east of E Street with the exception of a small area
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 small
area in the northwest corner of Section 6, and the Off-Post OU will
remain on the NPL.
On April 26, 2006, EPA published a Notice of Intent for Partial
Deletion (NOIDp) in the Federal Register (71 FR 24627) and local
newspapers which proposed to delete the Internal Parcel from the RMA/
NPL Site. EPA received comment letters from ninety-four organizations/
entities and individuals. Authors of six letters were opposed to the
proposed partial deletion of the Internal Parcel. One of these letters
requested postponement of the deletion stating that the 60-day review
time was insufficient to review and resolve questions regarding
characterization of the eastern portion of the Internal Parcel and
their perception of unnecessary risk posed by deletion of the western
portion of the Internal Parcel. Several commenters also questioned the
``piece-meal'' approach to the Internal Parcel deletion.
In our Responsiveness Summary, EPA described the CERCLA
investigation process and how various areas of the Internal Parcel,
including the eastern portion which includes the groundwater aquifer
below a demolition range, were characterized. This process included
file searches, ``desktop'' information (e.g., aerial photographs)
searches, site reconnaissance, and collection of both soil and
groundwater samples during the Remedial Investigation (RI). Soil
samples were collected from burn pits and ordnance disposal areas,
specific areas of concern to the commenters, during the RI. Explosive
residue and Toxicity Characteristic Leaching Procedure (TCLP)-metals
were addressed during pre-design studies for the Burial Trenches and
Munitions (Testing) Soil Remediation Project. These studies showed that
explosive residue and TCLP-metal concentrations were below risk-based
regulatory levels. Considering these studies, the geology of the area,
as well as the history of the disposal areas, there is no evidence of
explosive or TCLP-metal soil contamination that could act as a source
of groundwater contamination. The discovery of limited additional
contamination at one area subsequent to the original excavation being
completed demonstrates the multiple, sometimes overlapping, elements of
the selected remedy that protect human health and the environment.
These elements include excavation of known contaminated soil, further
evaluation of ecological risks, and collection of confirmatory samples.
EPA ensures that human health is protected from on-going remedial
activities on the remaining NPL areas through effective control of
project emissions, restricting visitor access, and implementation of
the Site-Wide Air Quality Monitoring Program Plan, including monitoring
of air emissions. There are two major project areas that involve
disturbance of contaminated soil remaining in the NPL area. Visitors to
the Refuge are restricted to areas located approximately one mile from
the Lime Basin slurry wall project and approximately two miles from the
Basin F projects. Air emissions are measured at the current fenceline
and near the Visitor Center to verify that potential risks to visitors
and the nearby communities are minimized. These requirements to protect
human health will remain in place irrespective of the deletion of the
Internal Parcel.
EPA's responsiveness summary further explained how only areas which
met the criteria of ``Responsible parties or other persons have
implemented all appropriate response actions required'' (40 CFR
300.425(e)(1)(i)) were considered for deletion. EPA's Partial Deletions
Rule, published November 1, 1995, was intended to allow portions of a
site or an OU that have been cleaned up to be available for productive
use, especially where total site cleanup may take many years. This
description accurately reflects the ongoing cleanup at the RMA/NPL
Site, which is over 50 percent complete, i.e., ten years of the
fifteen-year schedule have passed and 16 of the 31 remedy projects have
been completed. Partial deletion of the Internal Parcel communicates to
the public the successful implementation of the remedy and progress
toward final cleanup. In addition, it helps the Army achieve its goal
of transferring property and furthers the purposes of the RMA National
Wildlife Refuge Act (1992). The Internal Parcel deletion, though
described as ``piece-meal'' by the commenters, is consistent with other
partial deletions that leave islands of an NPL site surrounded or
abutted by deleted lands, e.g., Cecil Field, (68 FR 27746).
The remaining eighty-eight letters supported proceeding with the
Internal Parcel deletion based upon their confidence in the
thoroughness of the cleanup activities conducted by the Department of
the Army (Army) and Shell Oil Company (Shell). EPA agrees that
completion of the remedy requirements as well as recent, site-wide
studies adequately demonstrate that the Internal Parcel does not
present a threat to the environment or human health and deletion of the
Internal Parcel from the RMA/NPL Site is appropriate.
EPA identifies sites that appear to present a significant risk to
public health, welfare, or the environment and maintains the NPL as the
list of those sites. Any site deleted from the NPL remains eligible for
Fund-financed actions in the unlikely event that conditions at the site
warrant such action. Section 300.425(e)(3) of the NCP states that Fund-
financed actions may be taken at sites deleted from the NPL. Deletion
of a site from the NPL does not affect responsible party liability or
impede Agency efforts to recover costs associated with response
efforts.
BILLING CODE 6560-50-P
[[Page 43073]]
[GRAPHIC] [TIFF OMITTED] TR31JY06.000
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: July 24, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 06-6572 Filed 7-28-06; 8:45 am]
BILLING CODE 6560-50-C
