[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45117-45119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21410]




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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5286-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Anderson Development Company 
Site from the National Priorities List; request for comments.

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

SUMMARY: The United States Environmental Protection Agency (U.S. EPA), 
Region V, announces its intent to delete Anderson Development Company 
Superfund 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 U.S. EPA promulgated pursuant to Section 
105 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended. U.S. EPA and the State of 
Michigan have determined that all appropriate CERCLA requirements have 
been implemented and that no further cleanup by responsible parties is 
appropriate. Moreover, U.S. 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 on the Notice of Intent to Delete should be submitted 
on or before September 29, 1995.

ADDRESSES: Comments may be mailed to James J. Hahnenberg (HSR-6J) 
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77 
W. Jackson Blvd., Chicago, IL 60604.
    The EPA Region 5 Administrative Record repository provides 
comprehensive information on this site. The information is available 
for viewing by appointment only from 7:30 a.m. to 5:00 p.m., Monday 
through Friday, excluding Federal holidays. Requests for appointments 
or copies of the background information from the 

[[Page 45118]]
Regional public docket should be directed to the EPA Region 5 docket 
office: Mark Bedford, U. S. EPA, Waste Management Division Records 
Center, 7th Floor, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
Phone No. (312) 886-0900.
    The local information repositories provide background information 
from the Regional Administrative Record, and are available for viewing. 
The two repositories and their addresses are: Adrian Public Library, 
143 East Maumee, Adrian, Michigan 49221, Contact: Jule Foebender, Phone 
No. (517) 263-2265; and Adrian City Hall, 100 East Church Street, 
Adrian, Michigan 49221.

FOR FURTHER INFORMATION CONTACT: James J. Hahnenberg (HSR-6J), Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-4213; or Derrick Kimbrough (P-19J), 
Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 886-9749.

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. EPA Region V announces its intent to delete the Anderson 
Development Company Site from the National Priorities List (NPL), 
Appendix B to the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR Part 300 , and requests comments on the 
proposed deletion. The U.S. 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 subject to remedial actions financed by the Hazardous 
Substance Superfund Response Trust Fund (Fund). Pursuant to section 
300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for additional Fund-financed remedial actions if conditions at 
the site warrant such action.
    The U.S. EPA will accept comments on this proposal for thirty (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 U.S. 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 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 response is appropriate. However, 
U.S. EPA retains the ability to use Superfund authority at a deleted 
site if future conditions warrant such actions. See 40 CFR 
300.425(e)(3). In making the determination to delete a site, U.S. EPA, 
in consultation with the State, considers 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.

III. Deletion Procedures

    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 U.S. EPA's right to take 
enforcement actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist Agency management.
    U.S. EPA Region 5 will accept and evaluate public comments before 
making a final decision to delete. The Agency believes that deletion 
procedures should focus on notice and comment at the local level. 
Comments from the local community may be the most pertinent to deletion 
decisions. The following procedures were used to determine the deletion 
of this site:

--U.S. EPA Region 5 has recommended deletion and has prepared the 
relevant documents.
--The State of Michigan has concurred with the proposed deletion 
decision.
--Concurrent with this National Notice of Intent to Delete, a local 
notice has been published in local newspapers and has been distributed 
to the appropriate Federal, State, and local officials, and other 
interested parties. This local notice announces a 30-day public comment 
period, provides an address and telephone number for submission of 
comments, and identifies the location of the local repository.
--Region 5 has made all relevant documents available in the Regional 
Office and the local site information repository.

    The comments received during the notice and comment period will be 
evaluated before a final decision is made. The Region will prepare a 
Responsiveness Summary, if necessary, which will address the 
significant comments received during the public comment period.
    The site will be deleted if the U.S. EPA Regional Administrator 
places a notice in the Federal Register. Any deletions from the NPL 
will be reflected in the next NPL rule. Public notices and copies of 
any Responsiveness Summary will be made available to the local 
residents by Region 5.

IV. Basis for Intended Site Deletion

    The Anderson Development Company (ADC) Superfund Site (Site) 
consists of a pretreatment lagoon and adjacent areas. The lagoon was 
used in the treatment of wastewater from production of 4,4'-Methylene 
bis (2-chloroaniline) (MBOCA) and had most of the contamination. MBOCA, 
a semi-volatile organic compound, was identified as a contaminant of 
concern in 1979 in sludges and soils at ADC, and in soils in the 
surrounding community. Initial remedial measures by the state and local 
public agencies addressed most areas with MBOCA contamination during 
1980 and 1981. The main area not addressed in 1980-1981 was the 
pretreatment lagoon.
    ADC completed a Remedial Investigation for the site in September 
1989, and a Feasibility Study in February 1990, with evaluations 
focusing on contaminated soils and sludges in or adjacent to the pre-
treatment lagoon. Sampling in other areas both on the ADC property and 
in the surrounding community did not show evidence that residual levels 
of concern for MBOCA remained outside of the Site. Sample analysis of 
ground water and surface water indicated that they had not been 
impacted with MBOCA or other volatiles, semi-volatiles or inorganics 
from the lagoon at levels warranting remediation.
    U.S. EPA signed a Record of Decision (ROD) on September 28, 1990. 
The ROD was the object of considerable comment regarding U.S. EPA's 
preferred alternative, in-situ vitrification (ISV) of contaminated 
soils and sludges. The concerns focused on financial impacts to ADC, 
uncertainties regarding the effectiveness of ISV, and concerns 
regarding the safety of ISV. The community indicated that it supported 
treatment of soils/sludges by low temperature thermal desorption as 
described in the ROD Amendment 

[[Page 45119]]
issued in September 1991, but still did not support ISV as a contingent 
remedy if low temperature thermal desorption was not an effective 
treatment process at this site.
    On September 30, 1991 U.S. EPA signed a ROD Amendment which 
required the following remedial actions: excavation and staging of 
contaminated soil, sludge and clay with contamination above the cleanup 
action levels; conducting a full-scale treatability study to 
demonstrate the effectiveness of low temperature thermal desorption; 
processing contaminated soil, sludge and clay in a low temperature 
thermal desorption device; placing treated materials back in the lagoon 
and covering with clean fill; in-situ vitrification of contaminated 
soil, sludge and clay if low temperature thermal desorption was found 
to not be effective in achieving the cleanup standards; air monitoring 
during the remedial action; and ground water monitoring following the 
remedial action for a period of 2 years to assess and confirm the 
efficacy of low temperature thermal desorption. The State of Michigan 
concurred with the remedy in the ROD Amendment.
    ADC began treating contaminated soils and sludges on January 5, 
1992 by low temperature thermal desorption. After this treatment, the 
soils and sludges met Michigan Act 307 cleanup standards for volatiles 
and semi-volatile compounds. Treated materials or other soils still 
exceeding Michigan Act 307 cleanup standards for inorganics were 
removed for disposal at a landfill determined to be adequately 
protective.
    U.S. EPA issued an Explanation of Significant Differences (ESD) on 
October 2, 1992 which identified three significant differences from the 
remedial action selected in the September 30, 1991 ROD. The first 
significant difference was that treated materials would be disposed of 
off-site in a Subtitle D landfill, rather than placement of treated 
materials back into the lagoon and covering them. This decision was 
made after a focused Risk Assessment identified that manganese 
presented a human health risk and low temperature thermal desorption of 
sludges/soils would not reduce concentrations of manganese. The second 
significant difference was an increase in volume estimates of materials 
to be remediated from 3,000 cubic yards to 8,000 cubic yards. The third 
significant difference was an increase in estimated costs from $1.1 
million to $6.0 million due to (1) volume increases, (2) increased 
analytical costs, (3) high soil moistures, and (4) off-site disposal.
    On May 9, 1994 U.S. EPA accepted and approved ADC's Final Remedial 
Action Report for ADC's completion of all site cleanup activities.
    Community relations activities for the Site included public 
meetings, public availability sessions, as well as routine publication 
of progress fact sheets.
    All the completion requirements for this site have been met as 
specified in OSWER Directive 9320.2-3A. Confirmatory sampling has 
verified that the September 1990 Record of Decision, and the September 
1991 ROD Amendment cleanup objectives have been achieved, and all 
cleanup objectives specified in the ROD and ROD Amendment have been 
implemented at the Site.
    U.S. EPA, with concurrence of the State of Michigan, has determined 
that all appropriate responses under CERCLA at the Anderson Development 
Company Superfund Site have been completed, and that no further cleanup 
of this Site by responsible parties is necessary. Therefore, U.S. EPA 
proposes to delete the Site from the NPL.

    Dated: August 9, 1995.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-21410 Filed 8-29-95; 8:45 am]
BILLING CODE 6560-50-P