[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8616-8618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3604]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5154-4]


National Oil and Hazardous Substances Contingency Plan; The 
National Priorities List Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Cemetery Dump site, Rose 
Township, Michigan from the National Priorities List; request for 
comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Cemetery Dump site, Rose Township, Michigan 
from the National Priorities List (NPL) and requests public comment. 
The NPL is Appendix B to the National Oil and Hazardous Substances 
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 is being taken 
by EPA, because it has been determined that all Fund- 
[[Page 8617]] financed response under CERCLA has been implemented, and 
EPA, in consultation with the State of Michigan, has determined that no 
further cleanup is appropriate. Moreover, EPA and the State have 
determined that remedial activities conducted at the site to date have 
been protective of public health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of the site from the 
NPL may be submitted until March 17, 1995.

ADDRESSES: Comments may be mailed to Matt Mankowski (HSRW-6J) Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604. The comprehensive information on the site is 
available at the local information repository located at: the Holly 
Township Library, 1116 N. Saginaw, Holly, Michigan. Requests for 
comprehensive copies of documents should be directed formally to the 
appropriate Regional Docket Office. The address for the Regional Docket 
Office is Jan Pfundheller (H-7J), U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Matt Mankowski (HSRW-6J) Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-1842; or Heidi Valetkevitch (P-
19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-1303.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Cemetery Dump site from the National 
Priorities List (NPL), Appendix B to the National Oil and Hazardous 
Substances Contingency Plan, 40 CFR Part 300 (NCP), and requests 
comments on the deletion. The EPA identifies sites which appear to 
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 Superfund (Fund) Fund-Financed remedial 
actions. Pursuant to Section 300.425(e)(3) of the NCP, any site deleted 
from the NPL remains eligible for additional Fund-financed remedial 
actions in the unlikely event that conditions at the site warrant such 
action.
    The EPA will accept comments on this proposal for 30 days after 
publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of this site and explains 
how the site meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria 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 response is appropriate. In 
making this determination, 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;
    (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.
    Before EPA can delete a site from the NPL, the state in which the 
site was located must concur on the proposed deletion. EPA shall 
provide the state 30 working days for review of the deletion notice 
prior to its publication in the Federal Register.
    As noted above, deletion of a site from the NPL does not preclude 
eligibility for subsequent additional Fund-financed actions if future 
site conditions warrant such actions.
    Deletion of sites from the NPL does not 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

    Upon determination that at least one of the criteria described in 
300.425(e) has been met, EPA may formally begin deletion procedures. 
This Federal Register notice, and a concurrent notice in the local 
newspaper in the vicinity of the site, announce the initiation of a 30-
day comment period. The public is asked to comment on EPA's intention 
to delete the site from the NPL. All critical documents needed to 
evaluate EPA's decision are generally included in the information 
repository and the deletion docket.
    Upon completion of the public comment period, the EPA Regional 
Office will, if necessary prepare a Responsiveness Summary to evaluate 
and address concerns which were raised. The public is welcome to 
contact the EPA Regional Office to obtain a copy of this responsiveness 
summary, when available. If EPA still determines that the deletion from 
the NPL is appropriate, final notice of deletion will be published in 
the Federal Register.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for intending 
to delete the site from the NPL.
    The Cemetery site is located in the NE 1/4 of Section 27 (T4N, 
R7E), Rose Township, Oakland County, Michigan. The 4-acre site is 
located on Rose Center (or Milford) Road and is a former sand and 
gravel pit in which a large number of drums were buried within an 
approximate 2-acre area on the site.
    The site was placed on the National Priorities List (NPL) in 1982. 
The Michigan Department of Natural Resources (MDNR) entered into a 
Cooperative Agreement (CA) with the United States Environmental 
Protection Agency (USEPA) in May, 1984 to conduct a Remedial 
Investigation/Feasibility Study (RI/FS). The Record of Decision (ROD) 
was signed on September 11, 1985. The September 1985 ROD recommended a 
Remedial Action (RA) that included the excavation of approximately 250 
drums and disposal at an approved off-site landfill. The RA for the 
Cemetery site was completed on November 10, 1988. On September 19, 
1989, a second ROD was signed indicating that the selected remedy for 
the rest of the site was ``No Further Action''. An Interim Close Out 
Report, signed on September 11, 1991, was written in response to the 
completion of the RA. The Final Close Out Report was signed by the 
Regional Administrator July 11, 1994. The State's concurrence was 
received on August 30, 1994. A Five-Year Review was completed July 8, 
1994.
    EPA, with concurrence of the State of Michigan, has determined that 
all appropriate Fund-financed responses under CERCLA at the Cemetery 
Dump site have been completed, and no further Superfund response is 
appropriate in order to provide protection of human health and the 
environment. Therefore, it is proposed that the site be deleted from 
the NPL.

    [[Page 8618]] Dated: January 4, 1995.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-3604 Filed 2-14-95; 8:45 am]
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