[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Rules and Regulations]
[Pages 67777-67781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27706]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL 9751-2]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List Deletion of the Waste Management of Michigan-
Holland Lagoons Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the Waste Management of
Michigan-Holland Lagoons Superfund Site (Site), located in Ottawa
County, Michigan from 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 an appendix to the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final deletion is being published
by EPA with the concurrence of the State of Michigan, through the
Michigan Department of Environmental Quality (MDEQ), because EPA has
determined that all appropriate response actions under CERCLA have been
completed. However, this deletion does not preclude future actions
under Superfund.
DATES: This direct final rule is effective January 14, 2013 unless EPA
receives adverse comments by December 14, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
http://www.regulations.gov: Follow on-line instructions
for submitting comments.
Email: Gladys Beard, NPL Deletion Process Manager, at
beard.gladys@epa.gov or Dave Novak, Community Involvement Coordinator,
at novak.dave@epa.gov.
Fax: Gladys Beard, NPL Deletion Process Manager, at (312)
697-2077.
Mail: Gladys Beard, NPL Deletion Process Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 886-7253; or Dave Novak, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604, (312) 886-7478 or (800) 621-8431.
Hand delivery: Dave Novak, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted
during the docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
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 email. 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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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 may not be 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 at http://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency-Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604, Phone: (312) 353-1063. Hours:
Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding Federal
holidays.
Herrick District Library, 303 South River Avenue, Holland,
MI 49423, Phone: (616) 355-3100. Hours: Monday through Tuesday, 9:00
a.m. to 9:00 p.m. EST; Wednesday through Friday, 9:00 a.m. to 6:00 p.m.
EST.
FOR FURTHER INFORMATION CONTACT: Gladys Beard, NPL Deletion Process
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
[[Page 67778]]
Boulevard, Chicago, IL 60604, (312) 886-7253, or beard.gladys@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 5 is publishing this direct final Notice of Deletion of
the Waste Management of Michigan-Holland Lagoons Superfund Site
(Holland Lagoons Site) from the National Priorities List (NPL). The NPL
constitutes Appendix B of 40 CFR Part 300, which is the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of 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). As described in 300.425(e)(3) of
the NCP, sites deleted from the NPL remain eligible for Fund-financed
remedial actions if future conditions warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective January 14, 2013 unless EPA
receives adverse comments by December 14, 2012. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent to
Delete in the ``Proposed Rules'' section of this issue of the Federal
Register. If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
withdrawal of this direct final Notice of Deletion before the effective
date of the deletion, and the deletion will not take effect. EPA will,
as appropriate, prepare a response to comments and continue with the
deletion process on the basis of the Notice of Intent to Delete and the
comments already received. There will be no additional opportunity to
comment.
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 Holland Lagoons Site and
demonstrates how it meets the deletion criteria. Section V discusses
EPA's action to delete the Site from the NPL unless adverse comments
are received during the public comment period.
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,
the taking of remedial measures is not appropriate.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of Michigan prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co-published today in the ``Proposed Rules'' section of the Federal
Register.
(2) EPA has provided the State 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the State, through MDEQ, has concurred on the
deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Holland Sentinel Newspaper. The newspaper notice announces the 30-day
public comment period concerning the Notice of Intent to Delete the
Site from the NPL.
(4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion 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 Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL.
Site Background and History
The Holland Lagoons Site (CERCLIS ID MID060179587) is
located at 2700 North 168th Avenue, between Riley and James Streets, in
unincorporated Park Township, near Holland, Michigan. The Site is an
80-acre property located about 0.5 miles from the eastern shore of Lake
Michigan in Ottawa County. The Site consists of a site entrance, former
lagoon area, dewatering lagoons, former landfill area, a haul road on
the eastern half of the Site, and an office/maintenance garage
building. The area around the Site consists of mixed residential,
recreational, and agricultural use.
Properties adjoining the Holland Lagoons Site include the Riley
Road Recreational Area, several small subdivisions of homes, privately
held parcels, and a blueberry field to the southeast. The Southwest
Ottawa County Landfill (SWOCLF) Superfund Site is adjacent to,
northeast, and upgradient of the Holland Lagoons Site. The SWOCLF Site
is a state-lead enforcement site. A groundwater plume migrating from
the SWOCLF Site impacts the groundwater southwest and downgradient of
the county landfill, including groundwater beneath the Holland Lagoons
Site.
The Holland Lagoons Site was operated by Jacobusse Refuse Service
Company as a municipal garbage dump, liquid waste dewatering facility,
and headquarters for its hauling company from the mid 1940's until
1977. The company was purchased by Refuse Services, Inc., in 1972 and
the name was changed to Holland Lagoons. Refuse Services, Inc., merged
into Michigan Waste Systems, Inc. in 1973 and Michigan Waste Systems,
Inc. subsequently changed its name to Waste Management of Michigan,
Inc. (WMMI).
[[Page 67779]]
A portion of the Site was originally used for the disposal of
vegetable pickling waste, apple pulp, digester sludge, barrels of spent
extracts, brine, the dewatering of liquid industrial wastes, including
aluminum and metal hydroxide wastes, and wastewater treatment plant
sludge. Disposal occurred in up to as many as nine dewatering lagoons
located in the north central area of the Site. The dewatering of
metallic wastes using these lagoons ceased in October 1977. Permits
indicate that Jacobusse discontinued disposal of all liquid waste at
the Site in 1980. In addition, the southwest area of the Site was used
for the temporary burial of drums of chloral hydrate, which were
removed in 1980. Municipal refuse was hauled to a landfill located in
the south central area of the Site from 1957 to 1964. The landfill
operated as an open burning dump and the northwest corner of the Site
was used as a maintenance facility for the Jacobusse fleet of trucks.
The Thomas residential well, located due west of the Site, was
discovered to be contaminated with trichloroethylene (TCE) in 1970. The
TCE was suspected to have migrated from the Holland Lagoons Site. The
continued presence of elevated concentrations of TCE was confirmed in a
Michigan Department of Natural Resources (MDNR) follow-up sampling
event in 1979. Park Township began to hook up residences located within
the vicinity of the Holland Lagoons Site, including the Thomas
residence, to the expanded municipal water supply line by 1984. The
county and township continued to hook up residences downgradient of the
Holland Lagoons and SWOCLF Sites into the expanded municipal water
supply system. The Holland Lagoons Site was proposed to the NPL on
October 15, 1984 (49 FR 40320) and finalized on the NPL on June 10,
1986 (51 FR 21099).
From 1993 through 1997, EPA and MDEQ (formerly a part of MDNR) held
discussions to allow NPL sites with a state-lead enforcement
designation to follow the Remedial Action Plan process in Part 201 of
the Michigan Natural Resources and Environmental Protection Act
(NREPA). The EPA and MDEQ signed a Memorandum of Agreement in 1997 for
the Holland Lagoons Site.
Remedial Investigation and Feasibility Study
In 1994, the MDNR and WMMI entered into an Administrative Order by
Consent (AOC) for Response Activities for WMMI to undertake a Remedial
Investigation/Feasibility Study (RI/FS) at the Site. In addition to
actions taken earlier, WMMI removed four underground storage tanks from
within the truck maintenance area in 1985. Concurrent with the RI, WMMI
performed an Interim Response Action (IRA) at the Site by excavating
discolored soils plausibly contaminated with heavy metals on the haul
road and from other on-site areas and to remove general surface debris
from the Site. WMMI also excavated the former municipal trash landfill
area and disposed of the material off-site. The interim response was
completed by the end of 2000. All subsequent soil samples showed levels
of metals at or below generic residential criteria or background values
for the State of Michigan. Michigan Part 201 Cleanup Criteria is within
EPA's acceptable risk range. WMMI performed a RI and baseline risk
assessment, including an ecological assessment at the Site from 1994-
1996 and additional sampling between 1998 and 2007.
Area A--Site Entrance: Soil boring samples were collected and
analyzed for inorganic and organic parameters. The white powder found
on the ground surface north of the Site building appeared to be lime
based on the elevated calcium level; however, the calcium levels were
below background concentrations. No organic contaminants were detected
above background or Part 201 Residential Cleanup Criteria. A trench
approximately 80 feet by 10 feet was discovered in an area south of the
building. A soil boring was collected and analysis detected lead and
zinc at concentrations above background. The approximately 40 cubic
yards of impacted soil was excavated during the IRA. No contaminants
were detected above background or Part 201 Residential Cleanup Criteria
in verification samples.
Additional soil samples were collected from the same location as
the previous collection and consisted mostly of the white powder
material. Analysis detected no inorganic contaminants at concentrations
that exceeded Part 201 Residential Cleanup Criteria.
Area B--Former Dewatering Lagoon Area: Analysis of the soil boring
samples collected from the former dewatering lagoon area did not detect
any organic or inorganic contaminants above background or Part 201
Residential Cleanup Criteria. The results of the soil borings and
analysis from the investigation demonstrated that the lagoons were
properly abandoned.
Area C--Former Landfill Area: Analysis of the soil boring samples
collected from the former landfill area did not detect any organic or
inorganic contaminants above background or Part 201 Residential Cleanup
Criteria. The ash, metal cans, and glass bottles in the former landfill
area were excavated during the IRA for disposal off-site. Approximately
1,855 cubic yards of material was removed from the area. Results of the
analysis of verification samples showed there were two small areas with
levels of inorganic parameters exceeding the background concentration.
An additional 40 cubic yards of soil was removed during the interim
response and disposed of off-site. No contaminants were detected above
background or Part 201 Residential Cleanup Criteria in verification
samples.
A bermed drum area was located in the south end of the former
landfill. The berm was 70 by 30 feet and contained six old, rusted
drums. These drums were removed during the IRA along with 224 cubic
feet of bluish-green stained soil found at the bottom of the bermed
area. No contaminants were detected above background or Part 201
Residential Cleanup Criteria in verification samples.
Area D--Haul Road: The results of the soil boring sampling from the
haul road indicated that the bluish-green soil found at the ground
surface along parts of the road was contaminated with heavy metals.
Analysis of the soil sample detected chromium, copper, lead, nickel,
selenium, zinc, and cyanide above their background values. Impacted
soil which was identified in the previous investigations was removed
during the IRA. An area 400 feet by 70 feet by 1.5 feet deep was
excavated, removing approximately 1,433 cubic yards of soil.
Verification samples indicated the soil that remained was not impacted
above background concentrations for heavy metals. An additional 30
cubic yards of soil was removed from the adjacent Ottawa County
property.
During an additional investigation, another 540 cubic yards of soil
was excavated from the haul road area and disposed of off-site. The
verification samples collected demonstrated that the remaining soil met
the Part 201 Residential Cleanup Criteria.
Area E--Former Drum Burial Area: Analysis of the soil boring
samples collected from the former drum burial area did not detect any
organic or inorganic contaminants above background or Part 201
Residential Cleanup Criteria.
Area F--Eastern Half of Site: The investigation of this area of
concern involved collecting two soil samples from four boring
locations. Four
[[Page 67780]]
additional borings were collected from along the eastern edge of the
area for background analysis. The results of the background borings and
the soil borings indicated no contaminants were detected above the Part
201 Residential Cleanup Criteria. No environmental hazard was found in
the eastern half of the Site.
Underground Storage Tanks (USTs): An initial review of the 1985 UST
report did not clearly indicate that the four USTs had been removed, as
a result subsequent investigations focused on finding these USTs and
determining whether there was any related contamination.
During the investigations, soil boring samples were collected from
the areas of the USTs at the northeast corner and southwest corner of
the building. The investigation also involved searching the area with
an electro-magnetic (EM) detector to determine if there were any large
metal objects buried in the area. No drums were detected; therefore, it
was concluded that all four of the USTs had been removed. The results
of these soil boring samples did not detect any petroleum hydrocarbon
or organic contaminants above Part 201 Residential Cleanup Criteria.
Groundwater: Groundwater was sampled as part of several
investigations. The results of the groundwater samples collected
upgradient of the Site were used to develop inorganic parameters
background and anthropogenic background concentrations for the area.
Background concentrations are concentrations of chemicals common to
groundwater that have not been impacted by anthropogenic effects.
Anthropogenic background levels are determined by analyzing groundwater
that has been impacted by an upgradient source such as the SWOCLF Site.
Anthropogenic background concentrations were determined from several
wells located downgradient of the SWOCLF Site, but upgradient of any
known disposal areas on the Holland Lagoons Site.
Benzene was the only organic contaminant detected in the on-site
monitoring wells above the Maximum Contaminant Levels (MCL) established
under the Safe Drinking Water Act (SDWA) and Part 201 Residential
Cleanup Criteria of 5 micrograms per liter ([micro]g/1). All of these
detections were found in wells located southwest of the Site at
concentrations ranging from 14 [micro]g/l to 28 [micro]g/1 and no on-
site source was detected. Benzene is a contaminant being monitored at
the SWOCLF Site. At the SWOCLF Site, benzene had been detected at
levels as high as 149 [micro]g/1 in purge wells and 305 [micro]g/1 in
monitoring wells; therefore, the MDEQ concluded that the source of the
benzene is the SWOCLF Site.
Inorganic contaminants found in wells on-site includes: aluminum,
arsenic, antimony, beryllium, cadmium, lead, manganese, zinc, and
vanadium. Aluminum, antimony, lead, manganese, and zinc were found in
background or anthropogenic background wells. Arsenic did not exceed
the MCL or Part 201 Residential Cleanup Criteria. Subsequent sampling
results indicated that aluminum, antimony, beryllium, cadmium, lead,
manganese, zinc, and vanadium did not exceed MCLs, Part 201 Residential
Cleanup Criteria, background and/or anthropogenic background.
In March 2005, the MDEQ and Ottawa County entered into a
Stipulation for the SWOCLF Site, under which Ottawa County is required
to perform the following remedial actions at the SWOCLF Site: construct
a new landfill cap; install and operate a new extraction well system
around the landfill; prevent the discharge to Lake Michigan of
groundwater containing hazardous substances exceeding Groundwater to
Surface Water Interface Criteria; implement reliable land and resource
use restrictions (institutional controls) to restrict construction and
use of wells within the groundwater plume; properly abandon all
existing residential wells once residents have been hooked into the
municipal water supply; and operate the then current downgradient
extraction system until it was demonstrated that requirements have been
achieved. The responsibility for the remaining wells on the Holland
Lagoons Site has been transferred to Ottawa County to use in monitoring
the SWOCLF plume.
Currently, Ottawa County has constructed the new landfill cap and
completed the hook up of residents to the municipal water supply. In
2009, Ottawa County implemented an area-wide groundwater use
restriction which prohibits human consumption of groundwater, limits
well installation/use and outlines procedures for well abandonments.
All hook ups and abandonments were completed in 2009. Ottawa County
continues to operate the downgradient extraction system. In 2009,
Ottawa County installed and began operating the new extraction well
system along the west and south boundary of the SWOCLF Site.
Former Facility Office and Maintenance Garage Building: WMMI
conducted soil and groundwater sampling below the former facility
office and maintenance garage building as noted as a recommendation in
the 2006 Five-Year Review Report. The soil and groundwater sampling
results did not reveal any chemicals of concerns above MCLs or Part 201
Residential Criteria.
Decision Summary: The Final Feasibility Study and Remedial Action
Plan Closure Report, which called for No Further Action to be
implemented at the Site was approved by MDEQ on October 13, 2008. On
May 19, 2011, the MDEQ approved WMMI's request to rescind the August
18, 1997 restrictive covenant because Ottawa County has implemented an
area-wide groundwater restriction as part of the SWOCLF cleanup
program. The Notice of Rescission of Land and/or Resources Use
Restrictions was filed and recorded by the Ottawa County Register of
Deeds on June 2, 2011. The Ottawa County Contaminated Groundwater Use
Ordinance (March 2009) meets the requirements of a ``reliable use
restriction'' under Michigan's cleanup rules (Part 201).
The rescinded restrictive covenant provided the following
restrictions at the Holland Lagoons Site: (1) Restricts the use of the
property to those uses compatible with the limited residential land use
criteria as defined in Section 20120a(1)(f) of Part 201; (2) prohibits
groundwater well installation and groundwater use within the property
boundary for all domestic, commercial, and industrial uses; (3)
prohibits the construction of groundwater fed impoundments; (4)
prohibits excavation of soil beyond the saturated zone; and (5)
requires soil sampling if existing structure is razed and 30-days
notice to MDEQ.
Selected Remedy
EPA signed a ROD on August 17, 2011 and has determined that no
further remedial action is necessary for the Holland Lagoons Site. The
remedy is protective of human health and the environment; and allows
for unlimited exposure and unrestricted use.
Response Actions
The August 2011, ``No Further Action'' ROD determined that no
further Federal response was required.
Operation and Maintenance
The groundwater underneath the Site is monitored as part of the
Ottawa County SWOCLF groundwater monitoring program and contamination
in the groundwater plumes is not related to contamination and sources
at Holland Lagoons Site. There will be no active remediation at the
Site; therefore, no operation and maintenance (O&M) is necessary.
[[Page 67781]]
Five-Year Review
The first and only five-year review, completed on September 25,
2006, found the remedy to be protective in the short-term and
identified five issues that needed to be addressed in order for the
remedy to be protective in the long-term. All of the issues have now
been addressed as described below:
1. Issue: Noncompliance with the AOC requires the completion of a
Part 201 approved Feasibility Study and Remedial Action Plan Closure
Report. Follow-Up: The MDEQ approved the Final Feasibility Study and
Remedial Action Plan Closure Report on October 13, 2008, which was
submitted by WMMI.
2. Issue: WMMI must provide information to prove the six on-site
source areas, due to the completion of past remediation activities, are
no longer contributing contaminants to the groundwater plume migrating
under the Site and that all of the contaminants found in the
groundwater plume originate from the adjacent and upgradient SWOCLF
Site. Follow-Up: The Final Feasibility Study and Remedial Action Plan
Closure Report included data to confirm that the past remediation
activities were completed at the six on-site areas and that no on-site
sources were contributing to the groundwater plume migrating onto the
Holland Lagoons Site from the SWOCLF Site.
3. Issue: Ensure that effective interim institutional controls
(ICs) are in place. Follow-Up: EPA's ``No Further Action'' ROD did not
require any additional ICs because: (1) groundwater impacts were
determined to be migrating from the SWOCLF Site and not part of site-
related contamination from Holland Lagoons and (2) an area-wide
groundwater ordinance has been implemented as part of the response at
the SWOCLF Site. As a result, the Declaration of Restrictive Covenant
has been rescinded. The Notice of Rescission of Land and/or Resources
Use Restrictions was filed and recorded by the Ottawa County Register
of Deeds on June 2, 2011. Ottawa County will continue conducting a
cleanup of the SWOCLF Site, including maintenance of an area-wide
groundwater use restriction to prevent groundwater use.
4. Issue: For the remedy to be protective in the long-term,
effective ICs may be implemented and maintained as part of the final
RAP. Follow-up: EPA's ``No Further Action'' ROD did not require ICs.
The ROD allows for unlimited use and unrestricted exposure.
5. Issue: A contamination source area may exist beneath the former
office building. Follow-up: In 2007, WMMI conducted soil and
groundwater sampling below the former facility office and maintenance
garage building. The soil and groundwater sampling results did not
reveal any chemicals of concern above the MCLs or Part 201 criteria.
In summary, EPA has determined that no further remedial action is
necessary for the Holland Lagoons Site. Previous responses at the Site
eliminated the need for a further remedial action. Contaminated soil
from on-site disposal pits was excavated and disposed of off-site. No
further five-year reviews are required because contamination has been
remediated to allow for unlimited use and unrestricted exposure.
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. Documents in the deletion docket, which EPA relied on for
recommendation of the deletion of this Site from the NPL, are available
to the public in the information repositories and at
www.regulations.gov.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP (40 CFR 300.425(e)) states that a site may be deleted from
the NPL when no further response action is appropriate. EPA, in
consultation with the State of Michigan, has determined that the
responsible parties have implemented all response actions required, and
no further response action by responsible parties is appropriate.
V. Deletion Action
EPA, with concurrence from State of Michigan through the MDEQ, has
determined that all appropriate response actions under CERCLA have been
completed. EPA received concurrence from the State of Michigan on April
5, 2012. Therefore, EPA is deleting this Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective January 14, 2013 unless EPA receives adverse comments by
December 14, 2012. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final Notice of Deletion before the effective date of the
deletion, and it will not take effect. EPA will prepare a response to
comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
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, and Water supply.
Dated: October 31, 2012.
Susan Hedman,
Regional Administrator, Region 5.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
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.
Appendix B to Part 300 [Amended]
0
2. Table 1 of Appendix B to part 300 is amended by removing, the entry
for ``MI, Waste Management of Michigan (Holland), Holland''.
[FR Doc. 2012-27706 Filed 11-13-12; 8:45 am]
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