National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Partial Deletion of the California Gulch Superfund Site, 58575-58576 [E9-26956]

Download as PDF wreier-aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Proposed Rules DATES: Comments must now be received on or before December 14, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2009–0174, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: U.S. Postal Service, send comments to: EPA Docket Center (2822T), Emissions Factors Program Improvements Advanced Notice of Proposed Rulemaking Docket, Docket ID No. EPA–HQ–OAR–2009–0174, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center (2822T), Emissions Factors Program Improvements Advanced Notice of Proposed Rulemaking Docket, Docket ID No. EPA–HQ–OAR–2009–0174, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2009– 0174. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to VerDate Nov<24>2008 13:47 Nov 12, 2009 Jkt 220001 technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Questions concerning the ANPRM should be addressed to Mr. Thomas Driscoll, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Measurement Policy Group (D243–05), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number: (919) 541–5135; fax number: (919) 541– 1039; e-mail address: driscoll.tom@epa.gov. How can I get copies of the ANPRM and other related information? The Emissions Factors Program Improvements ANPRM was published on October 14, 2009 (74 FR 52723). You can access this document at https:// www.regulations.gov/search/Regs/ home.html#documentDetail? R=0900006480a417c0. In addition, for documents related to this rulemaking, EPA has established the official public docket for the ANPRM under Docket ID No. EPA–HQ–OAR–2009–0174. Information on how to access the docket is presented above in the ADDRESSES section. Dated: November 6, 2009. Gina McCarthy, Assistant Administrator for Air and Radiation. [FR Doc. E9–27302 Filed 11–12–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 58575 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–8979–3] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Partial Deletion of the California Gulch Superfund Site AGENCY: Environmental Protection Agency. ACTION: Proposed rule; notice of intent. SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing a proposed rule, a Notice of Intent to Delete Operable Unit 8 (OU8) of the California Gulch Superfund Site (Site) located in Lake County, Colorado, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Colorado, through the Colorado Department of Public Health and Environment, have determined that all appropriate response actions at these identified parcels under CERCLA, other than operation, maintenance, and fiveyear reviews, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to all of OU8 including the impounded tailing, non-residential area soils, waste rock, fluvial tailing and stream sediment. The Yak Tunnel (OU1), D&RGW Slag piles and Easement (OU3), Upper California Gulch (OU4), Asarco Smelter/Colorado Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailings (OU7), Residential Soils excluding Subunits A and B, waste rock piles, and parks and playgrounds (OU9), Arkansas River Floodplain (OU11), and Site-wide Surface and Groundwater Quality (OU12) will remain on the NPL and are not being considered for deletion as part of this action. DATES: Comments must be received by December 14, 2009. ADDRESSES: Submit your comments, identified by Docket ID no. EPA–HQ–SFUND–1983– 0002, by one of the following methods: • https://www.regulations.gov. Follow on-line instructions for submitting comments. • E-mail: Linda Kiefer, kiefer.linda@epa.gov. E:\FR\FM\13NOP1.SGM 13NOP1 wreier-aviles on DSKGBLS3C1PROD with PROPOSALS 58576 Federal Register / Vol. 74, No. 218 / Friday, November 13, 2009 / Proposed Rules • Fax: (303) 312–7151. • Mail: Linda Kiefer, Remedial Project Manager, Environmental Protection Agency, Region 8, Mail Code 8EPR–SR, 1595 Wynkoop Street, Denver, CO 80202–1129. • Hand delivery: Environmental Protection Agency, Region 8, Mail Code 8EPR–SR, 1595 Wynkoop Street, Denver, CO 80202–1129. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID no. EPA–HQ–SFUND–1983– 0002. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at: U.S. EPA Region 8, Superfund Records VerDate Nov<24>2008 13:47 Nov 12, 2009 Jkt 220001 Center, 1595 Wynkoop Street, Denver, CO 80202. (303) 312–6473 or toll free (800) 227–8917; Viewing hours: 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Lake County Public Library, 1115 Harrison Avenue, Leadville, CO 80461, (719) 486–0569 FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR–SR, 1595 Wynkoop Street, Denver, CO 80202– 1129, (303) 312–6689 e-mail: kiefer.linda@epa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ Section of today’s Federal Register, we are publishing a direct final Notice of Partial Deletion for Operable Unit 8 (OU8) of the California Gulch Superfund Site without prior Notice of Intent for Partial Deletion because EPA views this as a noncontroversial revision and anticipates no adverse comment. We have explained our reasons for this partial deletion in the preamble to the direct final Notice of Partial Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this partial deletion action, we will not take further action on this Notice of Intent for Partial Deletion. If we receive adverse comment(s), we will withdraw the direct final Notice of Partial Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Partial Deletion based on this Notice of Intent for Partial Deletion. We will not institute a second comment period on this Notice of Intent for Partial Deletion. Any parties interested in commenting must do so at this time. For additional information, see the direct final Notice of Partial Deletion which is located in the Rules section of this Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. 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. Dated: October 22, 2009. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. E9–26956 Filed 11–12–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 COUNCIL ON ENVIRONMENTAL QUALITY 40 CFR Part 1515 RIN 0331–ZA01 Revision of Freedom of Information Act Regulations AGENCY: Council on Environmental Quality. ACTION: Notice of proposed rulemaking and opportunity for comment. SUMMARY: The Council on Environmental Quality (CEQ) is proposing to amend its Freedom of Information Act (FOIA) regulations to reflect its current policy and practice and to implement changes to the FOIA. These proposed regulations reaffirm CEQ’s commitment to providing the fullest possible disclosure of records to the public. The proposal provides for an online FOIA Requester Service Center and Reading Room; electronic FOIA requests; access to records published or released under FOIA in electronic format, provided the record is readily reproducible in that form or format; designation of a Chief FOIA Officer and FOIA Public Liaison; referral of requests to appropriate Federal agencies or consultation with another agency, if appropriate; review of requests in order of receipt; multi-tracking of FOIA requests based on the amount of time and work involved in processing requests; revision of CEQ’s initial determination period from 10 days to 20 days, beginning on the date CEQ receives a written request; assignment of individualized tracking numbers for certain requests; tolling of the time limit CEQ has to act on a request; expedited processing of FOIA requests upon a showing of compelling need; CEQ consultations with a requester to determine if a FOIA request may be modified to allow for a timely response, or to arrange an alternative timeframe for a response; informing the requester of the volume of requested material withheld and the extent of deletions in records released in response to a FOIA request; reduction in time for appeal from 45 to 30 days of denial of a request; extension of the time limit to respond to a request in ‘‘unusual circumstances’’; and aggregation of clearly related requests by a single requester or group of requesters. Further, CEQ’s fee structure is revised to include a method for computing fees based upon the classification of the requester and the base pay of the employee making the search, an increase of copying costs from $0.10 to $0.15 per page, and a provision for waiving fees. Additional E:\FR\FM\13NOP1.SGM 13NOP1

Agencies

[Federal Register Volume 74, Number 218 (Friday, November 13, 2009)]
[Proposed Rules]
[Pages 58575-58576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26956]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-8979-3]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the California Gulch 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a proposed rule, a Notice of Intent to Delete Operable Unit 8 (OU8) of 
the California Gulch Superfund Site (Site) located in Lake County, 
Colorado, from the National Priorities List (NPL) and requests public 
comments on this proposed action. The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
The EPA and the State of Colorado, through the Colorado Department of 
Public Health and Environment, have determined that all appropriate 
response actions at these identified parcels under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.
    This partial deletion pertains to all of OU8 including the 
impounded tailing, non-residential area soils, waste rock, fluvial 
tailing and stream sediment. The Yak Tunnel (OU1), D&RGW Slag piles and 
Easement (OU3), Upper California Gulch (OU4), Asarco Smelter/Colorado 
Zinc-Lead Mill Site (OU5), Stray Horse Gulch (OU6), Apache Tailings 
(OU7), Residential Soils excluding Subunits A and B, waste rock piles, 
and parks and playgrounds (OU9), Arkansas River Floodplain (OU11), and 
Site-wide Surface and Groundwater Quality (OU12) will remain on the NPL 
and are not being considered for deletion as part of this action.

DATES: Comments must be received by December 14, 2009.

ADDRESSES:
    Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-
1983-0002, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: Linda Kiefer, kiefer.linda@epa.gov.

[[Page 58576]]

     Fax: (303) 312-7151.
     Mail: Linda Kiefer, Remedial Project Manager, 
Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595 
Wynkoop Street, Denver, CO 80202-1129.
     Hand delivery: Environmental Protection Agency, Region 8, 
Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at: U.S. EPA Region 8, 
Superfund Records Center, 1595 Wynkoop Street, Denver, CO 80202. (303) 
312-6473 or toll free (800) 227-8917; Viewing hours: 8 a.m. to 4:30 
p.m., Monday through Friday, excluding holidays. Lake County Public 
Library, 1115 Harrison Avenue, Leadville, CO 80461, (719) 486-0569

FOR FURTHER INFORMATION CONTACT: Linda Kiefer, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6689 e-mail: 
kiefer.linda@epa.gov.

SUPPLEMENTARY INFORMATION: 
    In the ``Rules and Regulations'' Section of today's Federal 
Register, we are publishing a direct final Notice of Partial Deletion 
for Operable Unit 8 (OU8) of the California Gulch Superfund Site 
without prior Notice of Intent for Partial Deletion because EPA views 
this as a noncontroversial revision and anticipates no adverse comment. 
We have explained our reasons for this partial deletion in the preamble 
to the direct final Notice of Partial Deletion, and those reasons are 
incorporated herein. If we receive no adverse comment(s) on this 
partial deletion action, we will not take further action on this Notice 
of Intent for Partial Deletion. If we receive adverse comment(s), we 
will withdraw the direct final Notice of Partial Deletion and it will 
not take effect. We will, as appropriate, address all public comments 
in a subsequent final Notice of Partial Deletion based on this Notice 
of Intent for Partial Deletion. We will not institute a second comment 
period on this Notice of Intent for Partial Deletion. Any parties 
interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial 
Deletion which is located in the Rules section of this Federal 
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    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.

    Dated: October 22, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-26956 Filed 11-12-09; 8:45 am]
BILLING CODE 6560-50-P
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