[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Proposed Rules]
[Pages 68695-68697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32975]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5671-7]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Carter Industrials site from the 
National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
5 announces its intent to delete the Carter Industrials Site from the 
National Priorities List (NPL) and requests public comment on this 
action. The NPL is codified as Appendix B of 40 CFR Part 300. It is 
part of 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. This action is

[[Page 68696]]

being taken by U.S. EPA, because it has been determined that all 
responses under CERCLA have been implemented and U.S. EPA, in 
consultation with the State of Michigan, has determined that no further 
response 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 concerning the proposed deletion of the Site from the 
NPL may be submitted on or before January 29, 1997.

ADDRESSES: Comments may be mailed to Rita Garner-Davis (SRJ) Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region 5 office and at the local information 
repository located at: Detroit Public Library, Main Library--Reference 
Department, 5201 Woodward Avenue, Detroit, Michigan. Requests for 
copies of documents should be directed to the Region 5 Docket Office. 
The address and phone number for the Regional Docket Officer is Jan 
Pfundheller (H-7J), U.S. EPA, Region 5, 77 W. Jackson Blvd., Chicago, 
IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Rita Garner-Davis (SRJ) Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-2440 or Derrick Kimbrough 
(P-19J), Office of Public Affairs, U.S. EPA, Region 5, 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. Environmental Protection Agency (EPA) Region 5 announces 
its intent to delete the Carter Industrials Site from the National 
Priorities List (NPL), which constitutes Appendix B of the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP), and requests 
comments on the proposed deletion. The EPA identifies sites that 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 remedial actions financed by the 
Hazardous Substance Superfund Response Trust Fund (Fund). Pursuant to 
Section 300.425(e)(3) of the NCP, (40 CFR 300.425(e) (3)), any site 
deleted from the NPL remains eligible for Fund-financed remedial 
actions if the 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 EPA is using for 
this action. Section IV discusses the history of this site and explains 
how the site meets the deletion criteria.
    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 in Agency management.

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, U.S. 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; or
    (ii) All appropriate Fund-financed responses under CERCLA have 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

    Upon determination that at least one of the criteria described in 
300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. 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 U.S. EPA's intention to delete the Site from the 
NPL. All critical documents needed to evaluate U.S. EPA's decision are 
included in the information repository and the deletion docket.
    Upon completion of the public comment period, the U.S. EPA Regional 
Office will prepare a Responsiveness Summary responding to each 
significant comment and any significant new data submitted during the 
comment period. This document shall be included in the final deletion 
package. The public is welcome to contact the U.S. EPA Region 5 Office 
to obtain a copy of this responsiveness summary. If U.S. EPA ultimately 
determines the deletion from the NPL is appropriate, final notice of 
deletion will be published in the Federal Register and the final 
deletion package shall be placed in the local information depository.

IV. Basis for Intended Site Deletion

    The basis for deleting the Carter Industrials Site from the NPL is 
that actions taken first by EPA and the State of Michigan and then by a 
group of responsible parties have cleaned up the Site, such that no 
further response actions are appropriate.
    The Carter Industrials Site is located at 4690 Humboldt Street in 
Detroit, Michigan. The Site covers about 3.5 acres in a mixed 
residential and light industrial area near downtown. For many years it 
was used to store and salvage scrap metal, including oil-filled 
electrical equipment. During salvage operations, dielectric fluids 
containing PCBs were spilled onto the ground, contaminating site soils. 
Contaminated soil then spread into the surrounding area via run-off, 
wind-blown dust, and tracking of spilled materials and contaminated 
soil by vehicular traffic.
    In May 1986, the Michigan Department of Natural Resources (MDNR) 
took soil samples at the Site, revealing high levels of PCB 
contamination. On June 4, 1986, MDNR referred the Site to the Emergency 
Response Program of the U.S. EPA (Region 5). On June 6, 1986, U.S. EPA 
began to remove PCB contamination from residential areas bordering the 
Site and to consolidate it on the Carter Industrials property. 
Contaminated soil was placed in piles which were then maintained so as 
to prevent any further exposure to PCBs while EPA considered options 
for a permanent remedy.
    On March 31, 1989, EPA listed the Site on the NPL. On September 19, 
1991, EPA issued a Record of Decision (ROD), selecting low-temperature 
thermal desorption as the remedy. The ROD called for a desorption unit 
to be constructed on-site through which contaminated soil would have 
been treated and contamination removed. Treated soil that did not meet 
stipulated cleanup levels was to have been placed in a landfill 
constructed on the Carter

[[Page 68697]]

property. In September, 1992, 14 potentially responsible parties (``the 
Carter Group'') signed a consent decree under which they agreed to 
implement the remedy EPA selected.
    On February 28, 1995, EPA amended the Record of Decision to change 
the remedy from the low-temperature thermal desorption of PCBs to off-
site disposal. The major components of the amended remedy included: (1) 
Excavation of soil on the Carter Site and from designated properties in 
the neighborhood near the Site containing one part per million (ppm) or 
more PCBs. (2) Demolition of contaminated buildings on the Site. (3) 
Disposal of contaminated soil and debris at an approved permitted, off-
site landfill. (4) Stabilization of material containing high 
concentrations of lead prior to disposal. (5) Air monitoring and dust 
suppression during remedial activities. (6) Removal of underground 
storage tanks and their contents from the Site in accordance with 
Michigan regulations. (7) Restoration of areas where demolition or 
excavation took place. (8) Maintenance of all existing site safety 
measures, including fence, security guards, operation and maintenance 
of surface water runoff collection and treatment system during remedial 
activities.
    The Carter Group began implementation of the amended remedy on 
August 1, 1995, and completed work on June 21, 1996. Contaminated 
material from the Carter Site was shipped to the Model City Landfill in 
Model City, New York--an EPA-approved landfill with a permit to handle 
PCBs. In addition to completing the work required under the amended 
Record of Decision, the Carter Group also cleaned out sewer lines where 
PCB contamination from the Carter Site may have collected. This action 
ensured that sewer-line sludge containing PCBs would not be washed into 
the Detroit River, with resulting harm to human health or the 
environment.
    EPA, with the concurrence of the State of Michigan, has determined 
that all appropriate responses under CERCLA at the Carter Industries 
Superfund Site have been completed, and no further CERCLA response is 
appropriate in order to provide protection of human health and the 
environment. Therefore, EPA proposes to delete the site from the NPL.

    Dated: December 18, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region 5.
[FR Doc. 96-32975 Filed 12-27-96; 8:45 am]
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