National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List:

Federal Register: September 9, 2010 (Volume 75, Number 174)

Proposed Rules

Page 54821-54822

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr09se10-22

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300

EPA-HQ-SFUND-1983-0002; FRL-9198-7

National Oil and Hazardous Substance Pollution Contingency Plan;

National Priorities List; Intent for Partial Deletion of the Denver

Radium Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent to Delete each of the 11 operable units, with the exception of groundwater contamination associated with Operable Unit 8, of the Denver Radium Superfund Site (Site), located in the City and

County of Denver, Colorado, from the National Priorities List (NPL) and requests public comments on this proposed action. Groundwater associated with Operable Unit 8 will remain on the NPL. 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 operations and maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

This partial deletion pertains to each of the 11 operable units of the Denver Radium Superfund Site. Groundwater contamination associated with Operable Unit 8 will remain on the NPL and is not being considered for deletion at this time.

DATES: Comments must be received by October 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-

SFUND-1983-0002, by one of the following methods: http://www.regulations.gov. Follow on-line instructions for submitting comments.

E-mail: dalton.john@epa.gov.

Fax: 303-312-7110 (Attention: John Dalton, Public Affairs and Involvement).

Mail: John Dalton, Public Affairs and Involvement (8OCPI),

U.S. EPA

Page 54822

Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312- 6633.

Hand delivery: Environmental Protection Agency, 1595

Wynkoop Street, Denver, Colorado. 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 http://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 http:// www.regulations.gov or e-mail. The http://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 http://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 http:// 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 the hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at: U.S.

Environmental Protection Agency Region 8 Records Center, 1595 Wynkoop

Street, Denver, CO 80202, Hours: M-F, 8 a.m. to 4 p.m., Colorado

Department of Public Health and the Environment, 4300 Cherry Creek

Drive South, Denver, CO 80246, Hours: M-F, 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rebecca Thomas, Project Manager (8EPR-

SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6552, thomas.rebecca@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 each of the 11 operable units, with the exception of groundwater contamination associated with Operable Unit 8, of the

Denver Radium 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: August 31, 2010.

James B. Martin,

Regional Administrator, Region 8.

FR Doc. 2010-22488 Filed 9-8-10; 8:45 am

BILLING CODE 6560-50-P

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