National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

The Environmental Protection Agency (EPA) Region 6 announces the partial deletion of the Cimarron Mining Superfund Site (Site). This partial deletion applies only to the surface soil portion of Operable Unit 1 (OU 1 or Cimarron) and all of Operable Unit 2 (OU 2 or Sierra Blanca, which consists solely of surface soils). The long-term remedial action for the ground water portion of the remedy for the surface soil portion of OU 1 will continue until further notice and remains on the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is codified at Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300. This partial deletion is consistent with EPA's Notice of Policy Change: Policy Regarding Partial Deletion of Sites Listed on the National Priorities List. This partial deletion does not pertain to the subsurface portion of OU 1 (Cimarron) including without limitation ground water and subsurface soils. The subsurface portion of the Site will remain on the NPL, and response activities will continue for that portion. With the concurrence of the State of New Mexico, acting through the New Mexico Environment Department (NMED), EPA has determined that for the surface portion of OU 1 (Cimarron) and all of OU 2 (Sierra Blanca) all appropriate Hazardous Substance Response Trust Fund (Fund)--financed response under CERCLA has been implemented and that no further response action by responsible parties is appropriate. (Neither CERCLA-required five-year reviews nor operation and maintenance are considered further response action for the purpose of this partial deletion.) EPA, with State of New Mexico concurrence (acting through NMED), has determined that Site investigations show that the portions of the Site being deleted from the NPL now pose no significant threat to public health or the environment; c