[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Proposed Rules]
[Page 34405-34415]
[DOCID:fr17jn10-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9163-4]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Rocky Mountain
Arsenal Federal Facility

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Delete portions of the On-Post Operable Unit
(OU3), specifically the Central and Eastern Surface Areas including
surface media and structures (CES), and the surface media of the entire
Off-Post Operable Unit (OU4) (OPS) of the Rocky Mountain Arsenal
Federal Facility (RMA) from the National Priorities List (NPL) and
requests public comment 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 (CDPHE), 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 the surface media (soil, surface
water, sediment) and structures (both former structures that have been
demolished and structures retained for future use) within the CES and
the surface media of the entire OPS. The rest of the On-Post OU (Figure
1), including groundwater below RMA that is west of E Street, and the
groundwater that comprises the Off-Post OU (see Section IV and Figure
1) will remain on the NPL and response activities will continue at
those OUs. The groundwater media east of E Street (with the exception
of a small area below the northwest corner of Section 6) was previously
deleted from the NPL as part of the Internal Parcel Partial Deletion in
2006 (71 FR 43071).

DATES: Comments must be received by July 19, 2010.

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

SFUND-1987-0002, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Ms. Jennifer Chergo, Community Involvement
Coordinator (8OC), U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129.
     Hand Delivery: 1595 Wynkoop Street, Denver, Colorado,
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-
1987-0002. 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 hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at:

--EPA's Region 8 Superfund Records Center, 1595 Wynkoop Street, Denver,
Colorado, 80202-2466. Hours: 8 a.m. to 4 p.m. by appointment (call 303-
312-6473), Monday through Friday, excluding legal holidays; and the
--Joint Administrative Records Document Facility, Rocky Mountain
Arsenal, 5650 Havana Street, Building 129, Commerce City, Colorado
80022-1748. Hours: 12 p.m. to 4 p.m., Monday through Friday, excluding
legal holidays, or by appointment (call<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Chergo, Community
Involvement Coordinator (8OC), U.S. Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202-1129; telephone
number: 1-800-227-8917 or<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region 8 announces its
intent to delete the CES and OPS of the RMA Site, Commerce City,
Colorado, from the NPL and requests comment on this proposed action.
The NPL constitutes Appendix B of 40 CFR part 300 which is the 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) of 1980, as amended.
EPA maintains the NPL as those sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). This partial deletion of the RMA
Site is proposed in accordance with 40 CFR 300.425(e) and Notice of
Policy Change: Partial Deletion of Sites Listed on the National
Priorities List (60 FR 55466 (Nov. 1, 1995)). As described in 40 CFR
300.425(e)(3), a portion of a site deleted from the NPL remains
eligible for further remedial actions if warranted by future
conditions.
    EPA will accept comments on the proposal to partially delete this
site for thirty (30) days after publication of this document in the
Federal Register.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the CES and OPS of the RMA Site
and demonstrates how they meet the deletion criteria.

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(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(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;
    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,
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. Deletion Procedures

    The following procedures apply to the deletion of the CES and OPS
of the RMA Site:
    (1) EPA consulted with the State before developing this Notice of
Intent for Partial Deletion.
    (2) EPA has provided the State 30 working days for review of this
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
    (4) The State of Colorado, through the CDPHE, has concurred with
the deletion

of the CES and OPS of the RMA Federal Facility Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, the Denver Post. The newspaper announces
the 30-day public comment period concerning the Notice of Intent for
Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket and made these items available
for public inspection and copying at the Site information repositories
identified above.
    If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the CES and OPS. If necessary,
EPA will prepare a Responsiveness Summary to address any significant
public comments received. After the public comment period, if EPA
determines it is still appropriate to delete the CES and OPS of the RMA
Site, the Regional Administrator will publish a final Notice of Partial
Deletion in the Federal Register. Public notices, public submissions
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and included in the site information
repositories listed above.
    Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion of a site from the NPL does not in any way alter
EPA's right to take enforcement actions, as appropriate. The NPL is
designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.

IV. Basis for Intended Partial Deletion

    The following information provides EPA's rationale for deleting the
CES and OPS of the RMA Federal Facility from the NPL.

Site Background and History

    The Rocky Mountain Arsenal Federal Facility (RMA), EPA ID No.
CO5210020769, is located in Commerce City--approximately eight miles
northeast of downtown Denver--in Adams County, Colorado. RMA was
established in 1942 by the U.S. Army to manufacture chemical warfare
agents and incendiary munitions for use in World War II. Following the
war and through the early 1980s, the facilities continued to be used by
the U.S. Army. Beginning in 1946, some facilities were leased to
private companies to manufacture industrial and agricultural chemicals.
Shell Oil Company, the principal lessee, manufactured pesticides at the
site from 1952 to 1982. Common industrial and waste disposal practices
resulted in contamination of structures, soil, surface water, and
groundwater. As a result of this contamination, RMA was proposed to the
NPL, excluding the Basin F surface impoundment, on October 15, 1984,
(49 FR 40320). On July 22, 1987, RMA was finalized on the NPL and
expanded to include Basin F (52 FR 27620 and 52 FR 27643).
    RMA is located at the western edge of the Colorado Plains,
consisting of a rolling terrain characterized by grasslands,
shrublands, wetlands, aquatic habitats, and extensive weedy areas.
Regional surface drainage is northwest into the South Platte River
which eventually joins the North Platte River in Nebraska. The RMA Site
consists of 30 OUs (numbers 0 through 29) including 24 Interim Response
Actions (IRA) conducted between October 1985 and June 1996 as part of
the On-Post (OU 3) remediation and 4 IRAs completed in 1993 for
remediation of the Off-Post (OU 4). The IRAs were conducted to prevent
or minimize further migration of groundwater contaminants and eliminate
potential releases from source areas through isolation or destruction
of the contaminants. Each of the OUs is described below.

OU 00: South Adams County--Installation of temporary granular activated
carbon filters (GAC) at the South Adams County plant to address
trichloroethene in the potable water supply (1986).
OU 01: Klein Water Treatment Plant--Groundwater treatment plant
constructed on RMA property (Section 33) to treat off-post contaminant
plumes along the western boundary of RMA (1989).
OU 02: Chemical Sales--Remedial investigation of off-post groundwater
plumes which resulted in identification of the Chemical Sales Company
Superfund Site located upgradient (south) of RMA (1990).
OU 03: On-Post--Addresses soil and groundwater contamination within the
fenced 27 square miles of RMA proper (ongoing). OUs 6 through 29
contributed to remediation of the On-Post OU and were completed prior
to or integrated into the On-Post OU as part of the 1996 On-Post ROD.
OU 04: Off-Post--Addresses contamination north and northwest of the RMA
proper site. OUs 00 through 02 and OU 5 contributed to remediation of
the Off-Post OU and were completed prior to or integrated into the Off-
Post OU as part of the 1995 ROD.
OU 05: Off-Post Groundwater Intercept and Treatment System IRA--
Treatment plant constructed to address contaminant plumes that had
migrated off post prior to installation of the boundary treatment
systems (1993).
OU 06: North Boundary Groundwater Treatment System IRA--Recharge
trenches were added along the entire length of the North Boundary
Treatment System slurry wall and operational improvements were made to
the existing system (1993).
OU 07: Basin F Groundwater Treatment System IRA--Extraction of
contaminated groundwater migrating from the Basin F area for treatment
at the Basin A Neck Treatment System (1990).
OU 08: Abandoned Well Closure IRA--Old or deteriorating farm wells and
unused on-post wells were grouted closed (1990).
OU 09: Basin A Neck Groundwater Treatment System IRA--Groundwater
treatment plant constructed to treat contaminant plumes migrating
through paleochannels from the Basin A area (1990).
OU 10: Basin F Liquids & Sludges IRA--Containment of 600,000 cubic
yards of Basin F sludges/soil in a lined, 16-acre storage area with a
leachate collection system (1989).
OU 11: Building 1727 Sump IRA--Treatment of liquid in the Building 1727
Sump with activated alumina and GAC to remove contaminants (1989).
OU 12: Hydrazine IRA--The hydrazine facility was demolished and the
debris disposed at an off-site hazardous waste landfill. The area was
regraded and revegetated (1992).
OU 13: Fugitive Dust Suppression IRA--Reapplication of a dust
suppressant was applied to Basin A (1991).
OU 14: Sanitary Sewer IRA--Sanitary sewer manholes were plugged to
eliminate potential transport of contaminated groundwater that may have
entered the sewer system

through cracks or loose connections (1992).
OU 15: Asbestos IRA--Continuation of the Army's survey and removal of
friable asbestos from on-post structures (1996).
OU 16: M-1 Settling Basins IRA--The objective was to treat the M-1
Settling Basins sludge using in situ vitrification (ISV). However, due
to technology complications with the ISV, implementation of the IRA was
suspended (1991).
OU 17: CERCLA Wastewater Treatment Plant IRA--Facility constructed to
treat wastewater generated by investigative activities and
implementation of response actions (1992).
OU 18: Motorpool IRA--An extraction well system was constructed to
remove a trichlorethene plume emanating from the Motorpool area for
treatment at the Irondale Containment System (1990). A soil vapor
extraction system was operated in 1991 to remove volatile contaminants
from the soil.
OU 19: Rail Classification Yard IRA--An extraction well system was
constructed to remove a dibromochloropropane plume emanating from the
Rail Yard area for treatment at the Irondale Containment System (1991).
OU 20: Lime Settling Basins IRA--A soil cover was constructed over the
Lime Settling Basins to minimize infiltration of precipitation through
the basin waste (1993).
OU 21: South Tank Farm Plume IRA--Continued monitoring of groundwater
plumes to assess if additional action was necessary (1994).
OU 22: Army Trenches IRA--Continued monitoring of groundwater plumes to
assess if additional action was necessary (1994).
OU 23: Shell Trenches IRA--A slurry wall was constructed to isolate the
trenches from surrounding groundwater and a soil cover placed over the
trenches to minimize infiltration of precipitation through the trench
waste (1994).
OU 24: Northwest Boundary Containment System IRA--Additional
extraction, reinjection, and monitoring wells were installed to
increase treatment capacity (1993).
OU 25: Basin F Liquid (SQI) IRA--Incineration of 11 million gallons of
basin liquids and decontamination waters (1995).
OU 26: Chemical Process-Related Activities IRA--Decontamination and
disposal of process related equipment and piping for both agent and
non-agent manufacturing processes in the North Plants and South Plant
facilities (1996).
OU 27: Underground Storage Tank IRA--Content characterization,
deactivation, excavation, decontamination, and removal of underground
storage tanks (1995).
OU 28: Waste Management IRA--Temporary management of hazardous waste in
storage at RMA or generated by the response actions, and not addressed
by another IRA (1996).
OU 29: Polychlorinated Biphenyls (PCB) IRA--Inventory and remediate
PCB-contaminated structures and soil (1996).

    The original On-Post Operable Unit (OU 3) encompassed 27 square
miles (16,990 acres) and was bounded by 56th Avenue and the former
Stapleton International Airport on the south, Buckley Road and Denver
International Airport on the east, Quebec Parkway and Commerce City on
the west, Colorado Highway 2 and the Off-Post OU on the northwest, and
96th Avenue and the Off-Post OU on the north (Figure 1). In the 1980s,
it was observed that over 300 species of wildlife, including bald
eagles, utilize much of the natural environment that remains at RMA. In
recognition of these unique urban wildlife resources at RMA, President
George H.W. Bush signed the 1992 Rocky Mountain Arsenal National
Wildlife Refuge Act (Public Law 102-402). Most of the RMA On-Post OU,
including the CES, is designated to become part of a National Wildlife
Refuge upon completion of the site-wide remedy.
    Between 2003 and 2006, EPA conducted four partial deletions from
the On-Post OU consisting of 13,406 acres of surface media so that
property transfer could be expedited. Of the property deleted to date,
917 acres were sold to Commerce City for commercial development, 12
acres were transferred to South Adams County Water and Sanitation
District for the Klein Treatment Facility, 126 acres were transferred
to local governments for road-widening, and 12,188 acres have been
transferred to the National Wildlife Refuge. Another 163 acres were
retained by the Army, primarily for water treatment systems. While EPA
has not conducted any partial deletions for the Off-Post OU, EPA did
issue a Ready for Reuse (RfR) Determination in September 2009 for a
portion of the Shell Oil Company property (approximately 294 acres)
that is within or adjacent to the Off-Post OU. EPA's determination
indicated that the Shell RfR Property ``is ready for use for any
purpose allowed under local land use and zoning laws.'' While there has
been no redevelopment/reuse of the Shell RfR Property thus far, the
area around the Shell RfR Property and Off-Post OU has undergone
primarily residential development in recent years.
    The proposed partial deletion for the OPS includes the entire
surface media of the Off-Post OU (OU 4) without exclusions. Of the
3,584 acres (5.6 square miles) of the On-Post OU (OU 3) that remain on
the NPL, the proposed partial deletion for the CES includes 2,500 acres
(3.9 square miles) of surface media (soil, surface water, and
sediment), as shown in Figure 1, and structures (both former structures
that have been demolished and structures retained for future use)
within the On-Post OU. The entire CES proposed for partial deletion
will be transferred from the Army to the U.S. Fish and Wildlife Service
(USFWS) for expansion of the RMA National Wildlife Refuge. The portions
of the On-Post OU not proposed for deletion, also shown in Figure 1,
include the following:
     Cover areas (Hazardous Waste Landfill (HWL), Enhanced
Hazardous Waste Landfill (ELF), Basin F, and Integrated Cover System
(ICS)) including drainages;
     Three areas of groundwater treatment (Railyard Extraction
and Treatment System, Lime Basins Mass Removal System, and the South
Tank Farm Mass Removal System);
     Three laydown areas (areas used to stage equipment and
construction materials or conduct support activities during remedy
implementation); and
     Two structures: The CERCLA Wastewater Treatment Facility
and the Landfill Wastewater Treatment System (LWTS).
    The following information provides EPA's rationale for deletion of
the CES and OPS of the RMA Site from the NPL:

Remedial Investigation/Feasibility Study (RI/FS) and Selected Remedy

    On-Post OU (OU 3). Prior to the selection of remedial alternatives
for the On-Post OU, an RI/FS was conducted to provide information on
the type and extent of contamination, human and ecological risks, and
feasibility of remedial actions suitable for application at RMA. The
RI, completed in January 1992, studied five environmental media at the
RMA Site, including soils, water, structures, air, and biota. The RI
identified approximately 3,000 acres of contaminated soil, 15
groundwater plumes, and 798 structures. The FS was

finalized in October 1995 for the On-Post OU.
    On June 11, 1996, the Army, EPA, and the State of Colorado signed
the ``Record of Decision for the On-Post Operable Unit'' (On-Post ROD).
The On-Post ROD formally established the cleanup approach to be taken
and specified individual remedial actions to be implemented for soil,
structures, and groundwater. In general, the remedial action objectives
were to prevent or limit potential exposure of humans and biota and any
further contamination of the surface water, groundwater, or air due to
releases from the soils, sediments, and structures at the On-Post OU.
The overall remedy for the On-Post OU includes extraction and treatment
of the contaminated groundwater plumes, demolition of 750 structures
with no designated future use, excavation and disposal of soil and
demolition debris with a cumulative contamination concentration
presenting an excess cancer risk to human health of greater than
1x10-\4\ or a Hazard Index greater than 1.0 for non-cancer
risks (collectively referred to as human health exceedance (HHE)
soils), as well as munitions debris, in two state-of-the-art hazardous
waste landfills to be built within the On-Post OU; and excavation and
consolidation of debris and soil presenting a risk to biota (biota
soil) in the Basin A, South Plants, and Basin F project areas. The
excavated HHE soil areas were backfilled with on-post borrow material
and revegetated. The On-Post ROD also requires continued use
restrictions for the CES that restrict ``current and future land use,
specifies that the U.S. government shall retain ownership of RMA, and
prohibits certain activities such as agriculture, use of on-post
groundwater as a drinking source, and consumption of fish and game
taken at RMA.''
    Multiple changes to the On-Post ROD have been made during
implementation of the remedy over the past 14 years through
Explanations of Significant Differences (ESD) and two ROD Amendments.
With regard to the CES, there are 13 ESDs which document changes in the
project boundaries, volumes of soil excavated, and associated costs for
each of the implementation projects. These changes have included
significant increases in excavated HHE soils at the Section 35 Soil
project and excavated biota soils at the Munitions (Testing) Soil
project. Of note, any contaminated soils to be contained under soil
covers at the North Plants, Secondary Basins, and South Plants Balance
of Areas projects were excavated based on additional sampling efforts
and the 1- and 2-foot soil cover requirements were eliminated. These
boundary, volume, and cover changes have resulted in an estimated
increase of $123.5 million for the combined individual projects while
the overall On-Post RMA remedy cost has remained unchanged at $2.2
billion.
    Off-Post OU (OU 4). The Off-Post OU followed the same investigative
process and an RI for the Off-Post study area that evaluated
groundwater, soil, surface water, sediment, air and biota was completed
in 1988 with an addendum issued in 1992. The RI identified two plume
groups encompassing 590 acres in the Off-Post area and wind-deposited
contamination in surface soils immediately north of the On-Post
boundary in the southeast portion of Section 14 and the southwest
portion of Section 13. The Off-Post Endangerment Assessment/Feasibility
Study (EA/FS) was issued in 1992 and the Off-Post ROD was signed by the
Army, EPA, and the State of Colorado on December 19, 1995. The Off-Post
remedy includes extraction and treatment of the contaminated
groundwater plumes, and closure of poorly constructed wells that could
be acting as migration pathways. For settlement purposes, though the
health risks present in the soils were within EPA's acceptable cancer
risk range (less than 1 x 10-\4\) for residential use, Shell
agreed to revegetate approximately 160 acres of soil to enhance the
degradation of low-level pesticide residues. The Off-Post ROD also
required institutional controls to prevent the use of groundwater
exceeding remediation goals. There have been no remedy modifications
related to the OPS.

Post-RODs Investigations

    On-Post OU (OU 3). Since the signing of the On-Post ROD on June 11,
1996, three main studies have been conducted that are relevant to the
deletion of the On-Post CES. These include the ``Summary and Evaluation
of Potential Ordnance/Explosives and Recovered Chemical Warfare
Materiel Hazards at the Rocky Mountain Arsenal'' completed in 2002
(Summary Team), the ``EPA Denver Front Range Dioxin Study'' completed
in 2001, and a two-part Residual Ecological Risk (RER) Assessment that
was completed in 2003. Each of these on-post investigations is
described below:
    Summary and Evaluation of Potential Ordnance/Explosives and
Recovered Chemical Warfare Materiel Hazards at the Rocky Mountain
Arsenal (2002). This effort was conducted in response to the unexpected
discovery of ten M139 bomblets as part of the Miscellaneous Structures
Demolition and Removal Project--Phase I in the Section 36 Boneyard
(central portion of the RMA Site). Using state-of-the-art computer
imaging, mapping technology, and software capability which had not
existed previously, a comprehensive RMA-wide evaluation for the
potential presence of ordnance and explosives as well as recovered
chemical warfare materiel hazards was completed. The evaluation
identified six additional areas for remedial action, all in the CES,
and concluded that the future discovery of additional sites with
ordnance/explosives or recovered chemical warfare materiel hazards is
highly unlikely. Remediation of four of the Summary Team sites (BT29-1,
BT29-2, BT30-01, and BT32-11) was completed in 2004 and is documented
in the Construction Completion Report (CCR) for the Burial Trenches
Soil Remediation Project, Part II. Remediation of the fifth Summary
Team site (ESA-4a) was completed in 2008 and is documented in the CCR
for the Munitions (Testing) Soil Remediation Project, Part II.
Remediation of the sixth Summary Team site (CSA-2c) was completed in
2008 and is documented in the Munitions (Testing) Soil Remediation
Project, Part III.
    Dioxin Study. In 2001, EPA conducted a four-part Denver Front Range
Dioxin Study which determined that the concentration of dioxins at most
of the RMA Site, including the CES, was not statistically different
from values observed in open space and agricultural areas within the
Denver Front Range area. Therefore, there is no significant health risk
from dioxin in soils to future Refuge workers, volunteers, or visitors.
    RER Assessment. As required by the ROD, a RER assessment was
completed in 2003 addressing both terrestrial and aquatic health risks.
The Terrestrial Residual Ecological Risk Assessment was completed in
2002. This report concluded that no significant excess terrestrial
residual risks will remain after the ROD-required cleanup actions for
soil, including additional areas of excavation and tilling identified
as part of remedial design refinement as required by the ROD, are
completed. The Aquatic Residual Risk Assessment was completed in 2003.
The Assessment presented an evaluation of risks to the great blue
heron, shorebirds and waterbirds and concluded that there are no
significant risks to aquatic birds in the South Lakes beyond those
already identified for remediation in the ROD.
    Off-Post OU (OU 4) Indoor Air Evaluation. Since the signing of the
Off-Post ROD in 1995, one study has been conducted for the Off-Post OU.
Based on EPA guidance issued in 2002 and 2003,

EPA conducted an indoor air evaluation of volatile organic compounds
for the entire Off-Post OU using the Johnson and Ettinger Model (GW-
SCREEN) as implemented by EPA. Estimated indoor air concentrations and
potential cancer and non-cancer risks were calculated for theoretical
inhalation exposure to vapors emanating from groundwater at a depth
that varies from less than 5 feet to 27.5 feet. Where the depth to
groundwater was less than 11 feet, slab on grade foundations were
assumed; otherwise, the future residential scenario assumed the
residences would be constructed with basements. The result of the
assessment indicated that modeled concentrations were below human
health risk criteria, that no further evaluation of the vapor intrusion
pathway was warranted, and that there was no need to implement
intrusion controls in buildings overlying the groundwater plumes in the
Off-Post OU.

Response Actions

Remedial Action for the CES of the On-Post (OU 3)
    Surface media: The surface media of the CES consists of soil,
sediment, and surface water within approximately 3.9 square miles
(2,500 acres) in the central and eastern portions of the RMA On-Post
OU. Areas with similar contamination were combined into individual
projects based upon evidence gathered during the RI. This resulted in
18 separate soil/sediment cleanup projects within the CES including
portions of Sections 1, 2, 3, 4, 6, 10, 19, 20, 23, 24, 25, 26, 29, 30,
31, 32, 34, 35, and 36. Completion of these 18 remediation projects is
documented in individual project CCRs. The following is a brief summary
of these projects and the soil contamination that was remediated within
the CES.
     The Basin F/Basin F Exterior Soil Remediation Project
included the excavation of soil from three pesticide-contaminated sites
within Section 26 of the CES (NCSA-4a, 4b, and 5c). HHE soil was
excavated from all three sites and disposed in the HWL. Biota risk soil
was excavated from two of these sites (NCSA-4a and NCSA-4b) and
consolidated in Basins A and F. This work, completed in 2008, is
documented in two CCRs: Basin F/Basin F Exterior Remediation Project--
Part 1 and Basin F/Basin F Exterior Remediation Project--Part 1, Phase
2.
     The Burial Trenches Soil Remediation Project included the
excavation of soil from six chromium- and lead-contaminated soil sites
within Sections 29, 30, 31, and 32 of the CES (BT29-1, BT29-2, BT30-1,
BT32-10, BT32-11, ESA-2c). All six sites contained ordnance and
explosives, munitions debris and related soil, as well as asbestos-
containing material, general construction-related debris and trash that
was excavated and disposed in the HWL. This work, completed in 2004, is
documented in the CCRs for the Burial Trenches Soil Remediation
Project--Part I and Part II.
     A portion of the Complex (Army) Disposal Trenches Subgrade
Construction Project is located within Section 36 of the CES. This
project consisted of surface grading to provide permanent stormwater
drainage off of the adjacent RCRA-Equivalent Cover. No contaminated
soils were identified in Section 36 for excavation as part of the
Complex Trenches Subgrade Project. The grading, completed in 2008, is
documented in the CCR for the Complex (Army) Disposal Trenches
Remediation Project, Subgrade Construction.
     The Corrective Action Management Unit (CAMU) Soil
Remediation Project included the excavation of soil from one site (site
``CAMU'') within Sections 23, 24, 25, and 26 in the CES. This site
consisted of pesticide-contaminated, biota risk soils and miscellaneous
debris that was excavated and consolidated in Basin A. This work,
completed in 2000, is documented in CCRs for the CAMU Soils Remediation
Project, and the CAMU Soils Remediation Completion and Support Project.
     The Existing (Sanitary) Landfills (ESL) Remediation
Project included the excavation of contaminated soil from four sites
within the CES: one site in Section 1 (P1 soil site adjacent to SSA-4)
and three sites in Section 36 (CSA-1d, CSA-2d, and P1 soil site
adjacent to CSA-1d). As documented in the CCR for the Section 1
Existing (Sanitary) Landfills Remediation Project, completed in 2006,
biota risk soil was excavated from the P1 soil site adjacent to SSA-4
and consolidated in Basin A. As documented in the CCR for the Section
36 ESL Project, completed in 2004, HHE soil, biota risk soil, and trash
and debris were excavated from site CSA-1d and disposed in the HWL;
munitions debris was excavated from site CSA-2d and disposed in the
HWL; and additional biota risk soil was excavated from the P1 soil site
adjacent to CSA-1d and consolidated in Basin A.
     The Miscellaneous Northern Tier Soil Remediation Project
included the excavation of one site in Section 25 of the CES (NPSA-4)
that contained HHE soil contaminated with chloroacetic acid. As
documented in the CCR for the Miscellaneous Northern Tier Soil
Remediation Project, completed in 2006, HHE soil was excavated and
disposed in the HWL and biota risk soil was excavated and consolidated
in Basin A.
     The Miscellaneous RMA Structures Demolition and Removal
Project included the excavation of two sites in Section 25 of the CES
(BA9A Parcel 3 and 25CC-3). As documented in the CCR for the
Miscellaneous RMA Structures Demolition and Removal Project--Phase III,
completed in 2009, ACM-contaminated soil, trash, debris, and munitions
debris was excavated from the two sites and disposed in the Enhanced
Hazardous Waste Landfill (ELF). Some of the ACM-contaminated soil was
also disposed off-site at a permitted, CERCLA off-site rule approved
landfill.
     The Miscellaneous Southern Tier Soil Remediation Project
included excavation of three sites within the CES (SSA-2a, SSA-2b, and
a P1 soil site adjacent to SSA-2a) where former process water and
wastewater ditches in Sections 1 and 2 contained HHE and biota risk
soils contaminated with aldrin, dieldrin, and heavy metals. This work,
completed in 2006, is documented in the CCR for the Miscellaneous
Southern Tier Soil Remediation Project. A subsequent project, the Sand
Creek Lateral Project, involved excavation of additional contaminated
soil from two of the Miscellaneous Southern Tier Soil Remediation sites
including site SSA-2b located in Section 1 and site SSA-2a located in
Section 2. As documented in the CCR for the Sand Creek Lateral Project,
completed in 2008, additional HHE soil was excavated from these two
sites and disposed in the HWL and ELF, and biota risk soil was
excavated and consolidated in Basin A.
     The Munitions (Testing) Soil Remediation Project included
11 sites within Sections 19, 20, 25, 29, 30, 31, and 32 of the CES
(BT32-10, CSA-2c, ESA-1b, ESA-1c, ESA-1d, ESA-4a, ESA-4b, MT29-1, MT-
DREZ, BA 9A Parcel 2, and BA10 Burn Area). As documented in the CCRs
for the Munitions (Testing) Soil Remediation Project, Parts I, II, III,
and IV, completed in 2009, munitions debris and related soil, asbestos-
containing material, mercury-contaminated biota risk soil, and
miscellaneous debris were excavated from all these sites and disposed
in the HWL and the ELF. Biota risk soil and miscellaneous debris was
excavated and consolidated in Basin A.
     The North Plants Structures Demolition and Removal Project
included seven soil remediation sites in Section 25 of the CES (NPSA-1,
NPSA-3, NPSA-5, NPSA-6, NPSA-8c, NPSA-9f, and a P1 soil site associated
with NPSA-1). HHE soil, biota risk soil, a

chemical sewer system, and a sanitary sewer system were present in the
North Plants area where the nerve agent GB, also called Sarin, was
manufactured. As documented in the CCR for the North Plants Structure
Demolition and Removal Project, completed in 2004, HHE soil and
chemical sewers were excavated from three remedy sites within the CES
(NPSA-1, 5 and 6) and disposed in the HWL. Over 6,000 linear feet of
sanitary sewer line was removed from the North Plants manufacturing
area and also disposed in the HWL. In addition, biota risk soil and
miscellaneous debris was excavated from six remedy sites within the CES
(NPSA-3, 5, 6, 8c, 9f and the P1 soil site associated with NPSA-1) and
consolidated in Basin A.
     The Residual Ecological Risk Soil Project included
excavation or tilling with sampling of biota risk soil from 18 remedy
sites within Sections 1, 2, 24, 26, 35, and 36 (1CN-2, 1WC-1, 2NW-4,
6NW-3, 24SW-1, 26NW-5, 26SE-6, 26SW-1, 26WC-2, 35NC-7, 35SW-2, 35SW-3,
35WC-4, 36EC-1, 36NE-3, 36NW-4, Ditch 2d backfill, Basin F Area 1) and
8 Borrow Areas within Sections 1, 6, 23, 24, 25, 26, 30, 31, 35, and 36
(Borrow Areas 3, 4, 5, 6, 7, 8, 9 and 11) of the CES. These soils were
contaminated with low levels of pesticides, primarily aldrin and
dieldrin, which presented a residual health risk to biota. As
documented in the CCRs for the Residual Ecological Risk Soil
Remediation Project--Part 1 and Part 2, completed in 2009, soil at the
18 RER sites was either excavated and consolidated in Basin A, Basin F,
or in South Plants, or tilled to an 18 inch depth with follow-up
sampling. Biota risk soil was removed from the eight borrow areas and
used as daily cover in the HWL, ELF, and Basin A consolidation area, as
well as gradefill at depths at least two feet below final grade in
areas that will remain in Army control.
     The Sanitary and Chemical Sewer Plugging Project consists
of two project phases that were conducted independently of each other.
Phase I included plugging manholes associated with sanitary sewer lines
in Sections 2, 24, 25, 26, and 35 of the CES. These sewer lines
potentially served as conduits for the transport of contaminated
groundwater and, therefore, the ROD required that the manholes be
plugged with grout. As documented in the CCR for this project,
completed in 1998, 62 sanitary sewer manholes in the CES were plugged.
Subsequent to this plugging project, 37 of the plugged manholes were
excavated as part of implementation of soil remediation projects.
     The Sanitary Sewer Manhole Plugging Project--Phase II
included plugging additional manholes in Sections 3, 4 and 35 of the
CES. As documented in the CCR for this project, completed in 2009, 21
sanitary sewer manholes in the CES were plugged with grout. There are
three manholes in Section 35 which will remain open to support an
existing future use structure.
     The Secondary Basins Soil Remediation Project included the
excavation of soil from six pesticide-contaminated sites within Section
26 of the CES including two former liquid disposal basins (NCSA-2a and
-2b), one ditch (NCSA-2d) between the two basins, and adjacent surface
soil areas (NCSA-4b, Surface Soil site, P1 Soil Area). As documented in
the CCR for the Secondary Basins Soil Remediation Project, completed in
2004, HHE soil was excavated from four of these sites NCSA-2a, -2b, -
2d, and the Surface Soil site and disposed in the HWL. Biota risk soil
and miscellaneous debris were excavated from all six sites and
consolidated in Basin A. In 2009, additional HHE soil was excavated
from the ditch (NCSA-2d) and disposed in the ELF. This additional
excavation is documented in the CCR for the Secondary Basins Soil
Remediation Project, NCSA-2d (Basin F Drainage Ditch) Contingent Soil
Volume (CSV) (NCSA-2d CSV Project).
     The Section 26 Human Health Exceedance and Biota
Exceedance Soil Removal Project included the excavation of soil from
one pesticide-contaminated site (NCSA-4b) within Section 26 of the CES.
As documented in the CCR for the Section 26 Human Health Exceedance and
Biota Exceedance Soils Removal Project, completed in 2000, HHE soil was
excavated from this site and disposed in the HWL, and the biota risk
soil was excavated and either consolidated in Basin A or used as daily
cover in the HWL. In 2003, additional contaminated soil was excavated
at this site where low level biota risk soil was identified. The
additional excavation is documented in an Addendum to the Section 26
Human Health Exceedance and Biota Exceedance Soils Removal Project CCR.
     The Section 35 Soil Remediation Project included
excavation of soil from nine sites within the CES that were
contaminated by liquid waste from a former retention/detention basin
including a basin located in Section 35 (NCSA-5b), former process water
and wastewater ditches in Sections 2 and 35 (NCSA-1c, NCSA-5a, NCSA-5c,
NCSA-5d, NCSA-6a), and areas surrounding the ditches (Surficial Biota,
Surficial P1, Additional Surficial P1). As documented in the CCR for
the Section 35 Soil Remediation Project, completed in 2004, HHE soil,
chemical sewers, and associated debris were excavated and disposed in
the HWL, and biota risk soil was excavated and consolidated in Basin A.
A subsequent project, the Sand Creek Lateral Project, included
additional work at three sites within Section 35 of the CES including
two of the Section 35 Soil Remediation sites (NCSA-5b and -5c) and a
section of sanitary sewer (NCSA-8a). As documented in the CCR for the
Sand Creek Lateral Project, completed in 2008, HHE soil was excavated
from NCSA-5b and -5c and disposed in the HWL and the ELF, and biota
risk soil was excavated and consolidated in Basin A. The sanitary sewer
(NCSA-8a) was removed and consolidated in Basin A.
     The Section 36 Balance of Areas Soil Remediation Project
included the excavation of soil from six sites within Section 36 of the
CES (CSA-1d, -2b, -3, -4, P1 East, and P1 North). As documented in CCRs
for the Section 36 Balance of Areas Soil Remediation Project (Parts 1
and 2), completed in 2009, HHE soil, munitions debris, chemical sewers
and associated debris from two sites (CSA-3 and -4) were excavated and
disposed in the HWL. Biota risk soil and miscellaneous debris from four
sites (CSA-1d and -2b, P1 East and P1 North) were excavated and
disposed in Basin A. Part 2 of the project also included grading in
Sections 31 and 36 to construct permanent stormwater drainages off of
the adjacent Complex (Army) Trenches RCRA-Equivalent Cover and the
Shell Disposal Trenches 2-Foot Cover.
     The South Plants Balance of Areas and Central Processing
Area Soil Remediation Project included 16 remedy sites located in
Sections 1 and 2 of the CES (SPSA-2b, -2e, -4a, -4b, -5b, -6, -7a, -7b,
-7c, -8a, -8b, -8c, -9a, -9b, -10, and a P1 soil area outside of Borrow
Area 11) which contained chemical sewers, HHE and biota risk soils
contaminated with pesticides, chloroacetic acid, volatile organic
compounds, metals, and mercury, as well as the potential for chemical
warfare agents, munitions debris and unexploded ordnance. As documented
in the CCRs for the South Plants Balance of Areas and Central
Processing Area Soil Remediation Project--Phase 1 and Phase 2,
completed in 2009, HHE soil, chemical sewers, and associated debris,
and munitions debris from 12 of the sites (SPSA-2b, -2e, -4a, -4b, -5b,
-6, -7c, -8a, -8b, -9a, -9b, -10) were

excavated and disposed in the HWL. Biota risk soil was excavated from
all of the sites excluding SPSA-10 and consolidated under the South
Plants Covers or in Basin A. Structural debris from foundation
demolition was consolidated within the South Plants soil cover areas.
    Structures: All but one of the 750 ROD-identified ``no future use''
structures within the On-Post OU have been demolished. The remaining
ROD structure is the CERCLA Wastewater Treatment Facility in Section
36, which was constructed to treat remedy-generated wastewater. The
CERCLA facility currently treats groundwater from the Groundwater Mass
Removal Project and is excluded from this proposed partial deletion.
One other structure, the LWTS facility, built as part of the remedy to
treat wastewater from the on-post landfills, is being decommissioned
and is also excluded from this proposed partial deletion.
    Demolition and removal of structures within the CES was
accomplished by several projects. The remedial action for structures
included demolition of the structures and foundations; removal and
disposal of debris, substations, roads and parking areas; removal and
disposal or recycling of underground storage tanks, structural steel
and other metal components; backfilling and grading; and revegetation
of the excavated areas. The demolition of most structures is documented
in the following project CCRs.
    (1) South Plants Structure Demolition and Removal Project Phase 1
and Phase 2 (2002);
    (2) South Plants Balance of Areas and the Central Processing Area
Soil Remediation Project Phase 2 (2009);
    (3) North Plant Structure Demolition and Removal Project (2004);
and
    (4) Miscellaneous RMA Structure Demolition and Removal Projects--
Phases I, II and III (2009).
    Groundwater: The proposed partial deletion of the CES does not
include groundwater; however, the following groundwater remedy projects
are or were located within the CES footprint of the RMA Site. The
Section 36 Bedrock Ridge Groundwater Plume Extraction System,
constructed in 2008, is an ongoing project which extracts contaminated
groundwater flowing from the Basin A and South Plants areas for
treatment at the Basin A Neck Groundwater Treatment System. The North
of Basin F IRA intercept system was permanently shut down in 2004 due
to declining flows, biofouling, declining well capacity, and decreasing
contaminant concentrations. The Confined Flow System Well Closure
project, completed in 2000, included the closure of 15 wells in the CES
which extended into the deeper, confined-low aquifer.
    In addition, the portion of the On-Post OU that currently remains
on the NPL includes several groundwater remedy components that are not
within the proposed CES deletion area and will remain part of the NPL
site. These include:
     The Rail Yard Treatment System, located in Section 3, is
an ongoing project which treats contaminated groundwater associated
with the Rail Yard.
     The Lime Basins and South Tank Farm Groundwater Mass
Removal extraction systems, located in Section 36 and Section 1
respectively, are part of an ongoing project that extracts contaminated
groundwater for treatment at the CERCLA Wastewater Treatment Facility.
     The CERCLA Wastewater Treatment Facility, located in
Section 35, is an ongoing project which treats contaminated groundwater
from the Lime Basins and South Tank Farm areas as part of the
Groundwater Mass Removal Project.
    Use of the groundwater and surface water for potable purposes from
the entire original On-Post OU, including the CES, is prohibited by the
FFA and On-Post ROD. The FFA and On-Post ROD also prohibit residential
development, agricultural activities, and hunting and fishing for
consumptive purposes throughout the original On-Post OU. These
restrictions will continue to be prohibited even after the CES is
transferred to the U.S. Department of Interior and are enforced by the
Army through an ``Interim Rocky Mountain Arsenal Institutional Control
Plan'' approved in 2003 and revised in 2006 and 2008.
Remedial Action for the OPS of the Off-Post (OU 4)
    Soil: The Off-Post OU of the RMA Site is located directly north and
northwest of the On-Post OU. To date, none of the Off-Post OU has been
deleted. As agreed in the Off-Post ROD, though the health risks present
in the soils were within EPA's acceptable cancer risk range for
residential use (less than 1 x 10-\4\), Shell completed
tilling and seeding of approximately 160 acres in Sections 13 and 14 of
the OPS for settlement purposes to enhance the degradation of low-level
pesticide residues. This activity is documented in the ``Final
Inspection/Implementation Report for the Off-Post Tillage Task''
completed in 1997.
    Groundwater: The proposed partial deletion of the OPS does not
include groundwater; however, the following groundwater remedy
components are or were within the OPS footprint of the RMA Site. The
Off-Post Groundwater Intercept and Treatment System (OGITS),
constructed in 1993, is an ongoing project that treats contaminated
groundwater plumes that flow off-post to the north and northwest of
RMA. The Off-Post Well Abandonment project, completed in 1999, included
the closure of 7 wells in the Off-Post OU that extended into the
deeper, confined flow aquifer. Institutional controls to prevent the
use of groundwater exceeding remediation goals as well as deed
restrictions on the Shell Property have been in place since 1996.

Cleanup Goals

    Cleanup goals for the On-Post OU were established based upon a
scenario for potential contaminant exposure incurred by a biological
worker, e.g., a wildlife biologist working in the field, in
consideration of the anticipated future land use of the On-Post OU as a
National Wildlife Refuge. Soils and structures with a cumulative
contamination concentration presenting an excess cancer risk to human
health of greater than 1 x 10-\4\ or a Hazard Index greater
than 1.0 for non-cancer risks were identified for excavation/demolition
and on-site disposal. To confirm that the ROD-delineated soil
contamination areas and depths met remedial action objectives, the On-
Post ROD provided for excavation of an additional 150,000 cy of soil
beyond that estimated in the selected remedy. For the entire On-Post
OU, this volume was identified using 1,014 confirmatory samples as well
as visual observations (e.g., for staining, debris, and odors). For the
CES, more than 100 samples were collected and roughly 22,000 cy of
additional soil was excavated.
Operation and Maintenance (O&M)
    No O&M is required for any of the proposed CES and OPS partial
deletion areas. However, the Army is responsible for O&M of the On-Post
internal groundwater treatment facilities, and Off-Post OGITS until
contaminant concentrations are below remedial action levels, as well as
continued maintenance of groundwater wells for long-term groundwater
monitoring. Long-term access to groundwater wells within the On-Post OU
is delineated in Public Law 102-402 and the ``Interim Rocky Mountain
Arsenal Institutional Control Plan.'' Long-term access to the
groundwater wells in the Off-Post OU is

provided through a license agreement between the Army and Shell.

Five-Year Review

    Pursuant to CERCLA Section 121(c) and Sec.  300.430(f)(4)(ii) of
the NCP, the next five-year review will be completed in 2011 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. Because the CES
and OPS are subject to restrictions on land and water use, they will be
included in future, RMA-wide five-year reviews.
    Two site-wide, five-year reviews have been conducted to date
including the Five-Year Review Report completed in January 2001 and the
Five-Year Review Report completed in December 2007. The 2005 Five-Year
Review identified 13 issues requiring followup actions, none of which
affected the protection of human health or the environment for the Off-
Post or On-Post OUs. Seven of these actions were related to improving
reporting and coordination, and clarification of remedy requirements.
Other issues concerned the incomplete capture of groundwater at the
Bedrock Ridge Extraction System, operating problems of the primary sump
system in Cell 2 of the Basin F Wastepile, modification of the OGITS
extraction system, the discovery of fuel contamination in the
groundwater below the North Plants area, and updating portions of the
groundwater treatment systems including site-specific treatment
criteria known as Practical Quantitation Limits (PQLs), and updating
monitoring well networks. None of the issues impacted the CES or OPS,
though actions regarding the groundwater monitoring networks may
indirectly affect small portions of the CES and OPS.
    All but three of the followup actions have been completed.
Modification of the OGITS extraction system has been completed and the
start-up data is being reviewed. A pilot study for assessing the North
Plants Fuel Release has been approved and is ongoing. The PQL study was
initiated in 2009 and submittals from laboratories are under review.
    A fourth extraction well was installed at the Bedrock Ridge
Extraction System and, in 2008, was determined to be adequately
capturing the groundwater plume. The Basin F Wastepile Remediation
Project, completed in 2009, included the excavation of the Wastepile
and the liner system, and disposed the waste in the ELF, thereby
eliminating any continuing concerns regarding the sump system.

Community Involvement

    Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42
U.S.C. 9617. Since 1988, each of the parties involved with the Arsenal
cleanup has made extensive efforts to ensure that the public is kept
informed on all aspects of the cleanup program. More than 100 fact
sheets about topics ranging from historical information to site
remediation have been developed and made available to the public. Upon
completion of the 30 calendar day public comment period for this
proposed partial deletion of the RMA Site, EPA Region 8, in
consultation with the State and the Army, will evaluate each comment
and any significant new data received before issuing a final decision
concerning the proposed partial deletion.
    CES of the On-Post (OU 3): Following the release and distribution
of the draft Detailed Analysis of Alternatives report for the On-Post
OU (a second phase of the FS), the Army held an open house for about
1,000 community members. The open house provided opportunity for
individual discussion and understanding of the various technologies
being evaluated for cleanup of the On-Post RMA Site. The Proposed Plan
for the On-Post OU was issued for public review from October 16, 1995,
through January 19, 1996. A public meeting was held on November 18,
1995, attended by approximately 50 members of the public, to obtain
public comment on the Proposed Plan. Minimal comments were received on
the alternatives presented for the projects in the Central Area of the
On-Post OU. Specifically, the comments requested that the health and
safety of nearby communities be protected from air emissions during
excavation and demolition activities and that potential dioxin
contamination of the entire RMA Site be evaluated.
    The designs for the each of the 29 remediation projects within the
CES (18 soil remediation projects and 11 structure demolition projects)
were provided to the public for a thirty calendar day review and
comment period at both the 30 percent and 95 percent design completion
stages (45 separate public comment periods). Most designs were also
presented for discussion at the RMA Restoration Advisory Board which is
composed of community stakeholders, regulatory agencies, the Army,
Shell Oil Company, and USFWS. No written comments regarding the
excavation/demolition approach or the proposed health and safety
controls for each project were received.
    OPS of the Off-Post (OU 4): An expanded Community Relations
outreach was implemented to ensure community members had the
opportunity to comment on the Proposed Plan for the Off-Post OU. In
January 1993, all documents supporting an expected Proposed Plan were
made available for public review in local libraries. A direct mailing
to more than 1200 local citizens was made. The RI, RI Addendum, EA/FS,
and Proposed Plan for the Off-Post OU were issued for public review on
March 21, 1993, and was extended until June 21, 1993. On April 28,
1993, a public meeting was held to obtain public comment of the
Proposed Plan. Comments received focused on requests for expanded
groundwater treatment, incorporation of a surface soil remedy, and
concerns over the selection of a DIMP cleanup standard.
    The Draft Final ROD (1993) was revised in consideration of comments
received from the city and county governments, environmental action
groups and private citizens. Settlement discussions involving
municipalities, local health departments, special districts, and
citizen groups were held from late 1994 until April 1, 1995, to discuss
the final remedies for both the On-Post and Off-Post OUs.

Determination That the Criteria for Deletion Have Been Met

    EPA, with concurrence from the State of Colorado, dated March 22,
2010, has determined that all appropriate CERCLA response actions have
been completed for the CES and OPS of the RMA Site to protect public
health and the environment and that no further response action by
responsible parties is required. Based on the extensive investigations
and risk assessment performed for the CES and the OPS of the RMA Site,
there are no further response actions planned or scheduled for these
areas.
    There are no known hazardous substances remaining in the CES above
health-based levels with respect to anticipated uses of and access to
the site which are identified in the FFA, On-Post ROD, and Public Law
102-402. Similarly, no known hazardous substances remain in the OPS
above health-based levels with respect to anticipated uses of and
access to the site which are limited through deed restrictions. As a
result, all completion requirements for the CES and OPS have been
achieved as outlined in OSWER

Directive 9320.2-09A-P and the NCP. Therefore, EPA proposes to delete
the CES and OPS portions of the RMA Site from the NPL.

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: June 10, 2010.
Carol Rushin,
Deputy Regional Administrator, Region 8.
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TP17JN10.000

[FR Doc. 2010-14524 Filed 6-16-10; 8:45 am]
BILLING CODE 6560-50-C


[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49910-49913]
[FR Doc No: 2013-19811]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0207; Directorate Identifier 2011-NM-071-AD;
Amendment 39-17530; AD 2013-15-14]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding airworthiness directive (AD) 2008-06-29,
which applied to all The Boeing Company Model 737-300, -400, and -500
series airplanes. AD 2008-06-29 required repetitive inspections of the
downstop assemblies on the main tracks of the No. 2, 3, 4, and No. 5
slats and the inboard track of the No. 1 and 6 slats to verify if any
parts are missing, damaged, or in the wrong order; other specified
actions; and related investigative and corrective actions if necessary.
This new AD retains these requirements and adds an inspection of the
slat can interior for foreign object debris (FOD), and removal of any
FOD found; modification of the slat track hardware; an inspection for
FOD and for damage to the interior surface of the slat cans; and
related investigative and corrective actions, if necessary. This AD was
prompted by development of a modification by the manufacturer, which,
when installed, would terminate the repetitive inspections. We are
issuing this AD to prevent loose or missing parts in the main slat
track downstop assemblies, which could puncture the slat track housing
and result in a fuel leak and consequent fire.

DATES: This AD is effective September 20, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
20, 2013.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA,

Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax: (425) 917-
6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-06-29, Amendment 39-15441 (73 FR 15397,
March 24, 2008) (``AD 2008-06-29''). AD 2008-06-29 applied to the
specified products. The NPRM published in the Federal Register on March
11, 2013 (78 FR 15332). The NPRM proposed to continue to require
repetitive inspections of the downstop assemblies on the main tracks of
the No. 2, 3, 4, and No. 5 slats and the inboard track of the No. 1 and
6 slats to verify if any parts are missing, damaged, or in the wrong
order; other specified actions; and related investigative and
corrective actions if necessary. The NPRM also proposed to add an
inspection of the slat can interior for foreign object debris (FOD),
and removal of any FOD found; modification of the slat track hardware;
an inspection for FOD and for damage to the interior surface of the
slat cans; and related investigative and corrective actions, if
necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 15332, March 11, 2013) and the FAA's response to each comment.

Concurrence With NPRM (78 FR 15332, March 11, 2013)

    Boeing stated that it concurs with the content of the proposed rule
(78 FR 15332, March 11, 2013).

Statement Regarding Installation of Winglets

    Aviation Partners Boeing (APB) stated that the installation of
winglets per STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) does
not affect the actions specified in the NPRM (78 FR 15332, March 11,
2013).
    We concur. We have added new paragraph (c)(2) to this AD, which
states that STC ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se) does
not affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of Section
39.17 of the Federal Aviation Regulations (14 CFR 39.17). For all other
AMOC requests, the operator must request approval of an AMOC in
accordance with the procedures specified in paragraph (k) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the change described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 15332, March 11, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 15332, March 11, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 568 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of slat track housing        4 work-hours x $85 per                $0            $340        $193,120
 [retained actions from AD 2008-06-29    hour = $340 per
 (73 FR 15397, March 24, 2008)].         inspection cycle.
One-time detailed inspection of slat    5 work-hours x $85 per                 0             425         241,400
 can [new action].                       hour = $85.
Installation of modification [new       12 work-hours x $85 per            3,124           4,144       2,353,792
 action].                                hour = $1,020.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), and
adding the following new AD:

2013-15-14 The Boeing Company: Amendment 39-17530; Docket No. FAA-
2013-0207; Directorate Identifier 2011-NM-071-AD.

(a) Effective Date

    This AD is effective September 20, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-06-29, Amendment 39-15441 (73 FR
15397, March 24, 2008).

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-300, -
400, and -500 series airplanes, certificated in any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/2C6E3DBDDD36F91C862576A4005D64E2?OpenDocument&Highlight=st01219se)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fuel leaking from a puncture
in the slat track housing (referred to as ``slat can''). We are
issuing this AD to prevent loose or missing parts in the main slat
track downstop assemblies, which could puncture the slat track
housing and result in a fuel leak and consequent fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Inspection of Downstop Assemblies and Corrective Action

    This paragraph restates the requirements of paragraph (f) of AD
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008), with
revised service information. At the applicable times specified in
Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011; except as provided by
paragraph (g)(1) of this AD: Do a detailed inspection or borescope
inspection of the downstop assemblies on the main tracks of the No.
2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats
to verify if any parts are missing, damaged, or installed in the
wrong order; and do all the other specified, related investigative,
and corrective actions as applicable; by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008;
or Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011; except as provided by paragraphs (g)(2) and (g)(3) of this AD.
Repeat the inspection thereafter at the applicable times specified
in Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-
57A1301, dated February 5, 2008; or Boeing Service Bulletin 737-
57A1301, Revision 3, dated August 11, 2011. Do all applicable
related investigative and corrective actions before further flight.
As of the effective date of this AD, only Boeing Service Bulletin
737-57A1301, Revision 3, dated August 11, 2011, may be used to
accomplish the actions required by this paragraph.
    (1) Where Boeing Alert Service Bulletin 737-57A1301, dated
February 5, 2008, or Boeing Service Bulletin 737-57A1301, Revision
3, dated August 11, 2011, specifies counting the compliance time
from ``the date on the service bulletin,'' this AD requires counting
the compliance time from April 8, 2008 (the effective date of AD
2008-06-29, Amendment 39-15441 (73 FR 15397, March 24, 2008)).
    (2) For airplanes on which any downstop assembly part is missing
or damaged, a borescope inspection of the inside of the slat track
housing for loose parts and damage to the wall of the slat track
housing may be accomplished in lieu of the detailed inspection of
the inside of the slat track housing that is specified in Boeing
Alert Service Bulletin 737-57A1301, dated February 5, 2008; or
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. As of the effective date of this AD, only Boeing Service
Bulletin 737-57A1301, Revision 3, dated August 11, 2011, may be used
to do the actions specified in this paragraph.
    (3) If any damaged slat track housing is found during any
inspection required by paragraph (g) of this AD: Before further
flight, repair in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011; replace the slat can with a new slat can having the same part
number, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 737-57A1301, Revision 3, dated August 11, 2011; or
repair the slat can using a method approved in accordance with the
procedures specified in paragraph (k) of this AD.

(h) New Detailed Inspection for Foreign Object Debris (FOD)

    Within 24 months after the effective date of this AD, do a one-
time detailed inspection of the slat can interior to detect FOD, in
accordance with Part III of the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. If any FOD is found, before further flight, remove it, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-57A1301, Revision 3, dated August 11, 2011.

(i) New Modification and Inspection

    Within 72 months or 15,000 flight cycles, whichever occurs
first, after the effective date of this AD: Modify the slat track
hardware by installing new downstop assembly hardware, and do a
detailed inspection for FOD and a one-time inspection for damage to
the interior surface of the slat can for the inboard and outboard
tracks of slats 2 through 5, and the inboard slats of tracks 1 and
6; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-57A1301, Revision 3, dated August 11,
2011. Do all applicable related investigative and corrective actions
before further flight. Accomplishment of the actions required by
this paragraph terminates the inspections required by paragraphs (g)
and (h) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g), (h), and (i) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 737-57A1301, Revision 1, dated September 24, 2009;
or Boeing Alert Service Bulletin 737-57A1301, Revision 2, dated
January 17, 2011; which are not incorporated by reference in this
AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has

been authorized by the Manager, Seattle ACO, to make those findings.
For a repair method to be approved, the repair must meet the
certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously in accordance with AD 2008-06-29,
Amendment 39-15441 (73 FR 15397, March 24, 2008), are approved as
AMOCs for the corresponding provisions of this AD.

(l) Related Information

    For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Boeing Service Bulletin 737-57A1301, Revision 3, dated
August 11, 2011.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19811 Filed 8-15-13; 8:45 am]
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[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Page 56431]
[FR Doc No: 2014-22381]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Research, Engineering and Development Advisory Committee

    Pursuant to section 10(A)(2) of the Federal Advisory Committee Act
(Pub. L. 92-463; 5 U.S.C. App. 2), notice is hereby given of a meeting
of the FAA Research, Engineering and Development (R,E&D) Advisory
Committee.
AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of Meeting.

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

    Name: Research, Engineering & Development Advisory Committee.
    Time and Date: October 09, 2014--9:30 a.m. to 4:00 p.m.
    Place: Federal Aviation Administration, 800 Independence Avenue
SW.--Round Room (10th Floor), Washington, DC 20591.
    Purpose: The meeting agenda will include receiving from the
Committee guidance for FAA's research and development investments in
the areas of air traffic services, airports, aircraft safety, human
factors and environment and energy. Attendance is open to the
interested public but seating is limited. Persons wishing to attend the
meeting or obtain information should contact Chinita A. Roundtree-
Coleman at<PHONE_NUMBER> or<EMAIL_ADDRESS>Members
of the public may present a written statement to the Committee at any
time.

    Issued in Washington, DC, on September 8, 2014.
Chinita A. Roundtree-Coleman,
Computer Specialist.
[FR Doc. 2014-22381 Filed 9-18-14; 8:45 am]
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[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]
[Page 21697-21698]
[DOCID:fr08my09-90]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Arthritis Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Arthritis Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 16, 2009, from 8:30
a.m. to 4 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd., Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Nicole Vesely, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane,
(for express delivery, 5630 Fishers Lane, rm. 1093) Rockville, MD
20857,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), code
3014512532. Please call the Information Line for up-to-date information
on this meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice.
    Agenda: The committee will discuss biologics license application
(BLA) 125293, KRYSTEXXA (pegloticase), Savient Pharmaceuticals, Inc.,
as a therapy for patients with refractory gout.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
2, 2009. Oral presentations from the public will be scheduled between
approximately 1 p.m. to 2 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief

statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before May 22, 2009. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by May 26,
2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Nicole Vesely at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: April 30, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-10729 Filed 5-7-09; 8:45 am]

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