[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27647]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5090-9]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to delete Kent City Mobile Home Park Site from 
the National Priorities List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 announces 
its intent to delete the Kent City Mobile Home Park Site (``the Kent 
City Site'') from the National Priorities List (NPL) and requests 
public comment on this action. 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 of 1980 (CERCLA), as amended. This action to delete the 
Kent City Site from the NPL is proposed because EPA, in consultation 
with the State of Michigan, has determined that no further remedial 
action under CERCLA is appropriate at the Site.

DATES: Comments concerning the proposed deletion of the Kent City Site 
from the NPL may be submitted by December 8, 1994.

ADDRESSES: Comments may be mailed to: Betty G. Lavis, Remedial Project 
Manager (HSRW-6J); Waste Management Division; Remedial Response Branch 
WI/MI; U.S. Environmental Protection Agency, Region 5; 77 West Jackson 
Boulevard; Chicago, IL 60604-3590.

FOR FURTHER INFORMATION CONTACT: Betty G. Lavis, Remedial Project 
Manager, at (312) 886-4784; or Derrick Kimbrough, Community Relations 
Coordinator at (312) 886-9749 or toll-free at (800) 621-8431, 9 a.m. to 
4:30 p.m. Central Time.

SUPPLEMENTARY INFORMATION: Comprehensive information on the Kent City 
Site is available for public review in the docket EPA Region 5 has 
prepared, which contains the documents and information EPA reviewed in 
the decision to propose to delete the Kent City Site from the NPL. The 
docket is available for public review during normal business hours at 
the EPA docket room and at the Kent City Library located at 43 South 
Main Street in Kent City, Michigan. To obtain copies of documents in 
the docket contact Betty G. Lavis, Remedial Project Manager, at (312) 
886-4784 or Derrick Kimbrough, Community Relations Coordinator at (312) 
886-9749 or toll-free at (800) 621-8431.

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Deletion of the Kent City Site.

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Kent City Mobile Home Park Site (``the Kent 
City Site'') from the National Priorities List (NPL), which constitutes 
appendix B of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP) and requests public comment on this action.
    The EPA identifies sites that may present a significant risk to 
public health, welfare, or the environment and maintains the NPL as the 
list of those sites. Sites on the NPL may be the subject of remedial 
actions financed by the Hazardous Substances Response Trust Fund (Fund) 
or responsible parties. Pursuant to 40 CFR 300.425(e)(3), any site 
deleted from the NPL remains eligible for further Fund-financed 
responses, and for re-listing on the NPL, if conditions at the site 
ever warrant such action.
    The EPA will accept comments concerning the proposal to delete the 
Kent City Site from the NPL for thirty (30) days after publication of 
this notice in the Federal Register.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency 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 responses under CERCLA are 
appropriate. In making this determination, EPA typically considers: 
whether responsible or other parties have implemented all appropriate 
response actions; whether all appropriate Fund-financed responses under 
CERCLA have been implemented and no further response action by 
responsible parties is appropriate; or whether the release of hazardous 
substances poses no significant threat to public health or the 
environment, thereby eliminating the need for remedial action.
    Prior to deciding to delete a site, EPA must first determine that 
the remedy, or existing site conditions at the sites where no action is 
required, is protective of public health, welfare, and the environment. 
In addition, Sec. 300.425(e)(2) of the NCP provides that no site shall 
be deleted from the NPL until the state in which the site is located 
has concurred on the proposed deletion.
    Deletion of a site from the NPL does not preclude eligibility for 
subsequent Fund-financed actions if future conditions warrant such 
actions. Section 300.42(e)(3) provides that whenever there is a 
significant release from a site deleted from the NPL, the site shall be 
restored to the NPL without application of the hazard ranking system 
(HRS).
    Deletion of sites from the NPL does not in itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
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 in Agency management.

III. Deletion Procedures

    The NCP, at 40 CFR 300.425(e), specifies the procedures to be 
followed in deleting sites from the NPL. It directs that notice and an 
opportunity to comment must be given before deleting sites from the 
NPL. By this notice, EPA notifies the public of its intent to delete 
the Kent City Site from the NPL and will accept comments from the 
public on this proposal for a period of thirty (30) days after the date 
of publication in the Federal Register.
    EPA will accept and evaluate public comments before making a final 
decision, and will address them in a Responsiveness Summary, if 
necessary, which EPA will place in the docket for this decision. If, 
after consideration of these comments, EPA decides to proceed with the 
deletion, EPA will publish a Notice of Deletion in the Federal 
Register. In addition, the following procedures are being used for the 
intended deletion of the Kent City Site:
    (1) The State of Michigan has concurred with this decision to 
conduct No Further Action at the Kent City Site.
    (2) Concurrent with this Notice of Intent to Delete, a local notice 
will be published in the local newspaper and will be distributed to 
appropriate federal, state and local officials and other interested 
parties. This local notice will specify a 30-day public comment period.
    (3) The Region has made all relevant documents available in the 
Regional Office and local site information repository.

IV. Basis for the Intended Deletion of the Kent City Site

    The Kent City Site is a 2-acre mobile home park located in Kent 
City, in west-central Michigan. In December of 1982, sampling of the 
65-foot deep drinking water supply well located in the mobile home park 
revealed the presence of volatile organic compounds. In January and 
October of 1983, the contaminated well was replaced with two 130-foot 
wells five hundred feet west and upgradient of the contaminated well. 
In November of 1983, the State of Michigan placed the Site on the 
Michigan Act 307 List.
    The source of the release, discovered in April of 1984, was a 
buried 55-gallon storage drum upgradient of the well. The storage drum 
collected floor drainage from a dry cleaning facility that formerly 
operated at the site. The drum and surrounding soil were removed and 
the area backfilled with clean soil.
    In April and May of 1984, the Michigan Department of Public Health 
(MDPH) sampled the four monitoring wells and twenty-nine nearby private 
wells. No contamination was detected in any of these wells. The new 
water supply wells are sampled every three years by MDPH; results have 
consistently shown no detectable contaminants. Once the source was 
removed and groundwater sampling showed no evidence of contamination, 
the State of Michigan delisted the site from their Michigan Act 307 
List in November of 1985.
    EPA continued to evaluate the site and, based on contaminant levels 
and routes of exposure present before the removal, placed it on the NPL 
on July 21, 1987. No further activities were undertaken by EPA until 
April 20, 1994, when EPA performed another round of groundwater 
sampling. The results showed no detectable contaminants.
    Following the 1994 sampling and after completing an evaluation of 
all available data for the Site, EPA concluded that previous removal 
activities and construction of an alternative water supply at the site 
have eliminated existing and potential risks to human health and the 
environment such that no further action was required. Historical and 
recent sampling events indicated that the contamination was localized 
and there are no longer any health risks from site-related contaminants 
present in the groundwater, soil, or in nearby Ball Creek.
    A Proposed Plan recommending no further action and subsequent 
deletion of the Site was distributed for public comment from July 1 to 
August 1, 1994. The Proposed Plan noted that the source of the 
contamination was removed; subsequent groundwater and surface water 
sampling events that included the monitoring wells, the two new water 
supply wells, and Ball Creek Drain, have not revealed the presence of 
contaminants that exceed any state or federal drinking water standards 
or criteria. It also noted that carbon tetrachloride above federal 
maximum contaminant levels for drinking water is still present in the 
old water supply well but appears to be having no impact on the ground 
water or surface water. The Proposed Plan recommended that the 
contaminated well, which is not available as a water source, be 
properly abandoned and grouted.
    A Record of Decision (ROD) was signed on September 13, 1994 which 
approved the ``No Action'' remedy.
    The State of Michigan concurred with the No Action remedy on 
September 6, 1994.

    Dated: September 26, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-27647 Filed 11-7-94; 8:45 am]
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