[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Rules and Regulations]
[Pages 56258-56261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23641]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6869-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final deletion of the Superfund Site from the National 
Priorities List (NPL).

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SUMMARY: EPA Region 5 announces the deletion of the Cliff/Dow Dump 
Superfund Site (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 Substance 
Pollution Continency Plan (NCP), which EPA promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended, (CERCLA). EPA and the Michigan 
Department of Environmental Quality (MDEQ) have determined that the 
Site poses no significant threat to public health or the environment 
and, therefore, further remedial measures pursuant to CERCLA are not 
appropriate.

DATES: This ``direct final'' action will be effective November 17, 2000 
unless EPA receives dissenting comments by October 18, 2000. If written 
dissenting comments are received, EPA will publish a timely withdrawal 
of the rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Comments may be mailed to Kenneth Glatz, Remedial Project 
Manager, or Gladys Beard, Associate Remedial Project Manager, U.S.

[[Page 56259]]

Environmental Protection Agency, Superfund Division, U.S. EPA, Region 
5, 77 W. Jackson Blvd., (SR-6J), Chicago, IL 60604. Requests for 
comprehensive information on this Site is available through the public 
docket which is available for viewing at the Site Information 
Repositories at the following locations: U.S. EPA Region 5, 
Administrative Records, 77 W. Jackson Blvd., Chicago, IL 60604, 312-
886-0900; and the Peter White Public Library, 217 N. Front St., 
Marquette, Michigan 49855 until September 22, 2000, after September 22, 
2000 the Northern Michigan University's Lydia Olson Hall and the 
Michigan Department of Environmental Quality, Knapps Building, 300 S. 
Washington St., Lansing, Michigan 48933.

FOR FURTHER INFORMATION CONTACT: Kenneth Glatz or Gladys Beard (SR-6J), 
U.S. Environmental Protection Agency, 77 W. Jackson, Chicago, IL, (312) 
886-7253, FAX (312) 886-4071, e-mail [email protected], or Bruce 
VanOtteren, Michigan Department of Environmental Quality, P.O Box 
30426, Lansing, MI, 48909.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
V. Action

I. Introduction

    The Environmental Protection Agency (EPA) Region 5 announces the 
deletion of the Cliff/Dow Dump Site, Marquette, Marquette County, 
Michigan, from the National Priorities List (NPL), appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300. 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 these sites. EPA and the State of 
Michigan have determined that the remedial action for the Site has been 
successfully executed. EPA will accept comments on this action for 
thirty days after publication of this action in the Federal Register.
    Section II of this action explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this action. Section IV discusses the history of the Cliff/Dow Site 
and explains how the Site meets the deletion criteria. Section V states 
EPA's action to delete the Site from the NPL unless dissenting comments 
are received during the comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that Sites may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a Site from the NPL, 
EPA shall consider, in consultation with the state, whether any of the 
following criteria has 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.
    Even if the Site is deleted from the NPL, where hazardous 
substances, pollutants, or contaminants remain at the site above levels 
that allow for unlimited use and unrestricted exposure, EPA's policy is 
that a subsequent review of the Site will be conducted at least every 
five years after the initiation of the remedial action at the Site to 
ensure that the Site remains protective of public health and the 
environment. In the case of this Site, EPA will not conduct any five 
year reviews since no wastes were left on Site. EPA determined that 
conditions at the Site remain protective of public health and the 
environment. As explained below, the Site meets the NCP's deletion 
criteria listed above. If new information becomes available which 
indicates a need for further action, EPA may initiate remedial actions. 
Whenever there is a significant release from a site deleted from the 
NPL, the site shall be restored to the NPL without the application of 
the Hazard Ranking System (HRS).

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
Site:
    (1) All appropriate responses under CERCLA have been implemented 
and no further action by EPA is appropriate; (2) The MDEQ concurred 
with the proposed deletion decision; (3) A notice has been published in 
the local newspaper and has been distributed to appropriate federal, 
state, and local officials and other interested parties announcing the 
commencement of a 30-day dissenting public comment period on EPA's 
Direct Final Action to Delete; and, (4) All relevant documents have 
been made available for public review in the local Site information 
repositories. EPA is requesting only dissenting comments on the Direct 
Final Action to Delete.
    For deletion of the Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Final Notice before making a final 
decision to delete. If necessary, the Agency will prepare a 
Responsiveness Summary, responding to each significant comment 
submitted during the public comment period. Deletion of the Site from 
the NPL does not itself create, alter, or revoke any individual's 
rights or obligations. The NPL is designed primarily for informational 
purposes and to assist Agency management. As mentioned in Section II of 
this document, Sec. 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.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Cliff/Dow Disposal Site is located in the north half of section 
10 T48N, R25W of Marquette County, in a wooded area off County Road 
550, about one half mile west of Dead River in the City of Marquette, 
Michigan. The two-acre Site is currently owned by the City of 
Marquette, and is zoned ``deferred use''. Recreational activity in the 
area is concentrated along the river and associated with sport fishing. 
The area around the Site is largely undeveloped. A small area to the 
east of the Site, and property to the north of the Site is zoned 
industrial. A tourist park, operated by the City of Marquette, is 
located southeast of the Site across the river.
    The Ciff/Dow Chemical Company was the operator of the Site from 
1954 until the mid 1960's. The Dow Chemical Company and The Cleveland 
Cliffs Company owned the stock of the Cliff/Dow Chemical Company. In 
1968 the Georgia-Pacific corporation and the E.L. Bruce Company 
acquired the stock of the Cliff/Dow Chemical Company from the Dow 
Chemical Company and the Cleveland-Cliffs Iron Company, and continued 
to do business under the name of Royal Oak Charcoal Company. During 
this time period, hazardous substances were disposed in a small bog 
depression at the County Road 550 Site.
    In 1981 hikers reported to Marquette city officials of having their 
clothing contaminated by surface tar at the fill area. Subsequent 
sampling and analysis of fill material by the EPA in 1982 indicated the 
presence of high concentrations of organic Hazardous

[[Page 56260]]

Substance List (HSL) compounds, primarily polyaromatic hydrocarbons 
(PAHs) and phenols. EPA placed the Cliff/Dow Site on the Federal 
National Priorities List (NPL) of hazardous waste sites in September 
1983. The Dow Chemical Company, the Cleveland Cliffs Iron Company, the 
Georgia-Pacific Corporation, and the City of Marquette were sent 
Special Notice Letters pursuant to section 122 of CERCLA. These letters 
stated that they were considered Potentially Responsible Parties 
(PRP's) at the Cliff-Dow Superfund Site, and requested their 
participation in the remediation of the fill area. On September 25, 
1984, in response to a release or a substantial threat of a release of 
hazardous substances at or from the Site, the PRP's signed a 106 
Administrative Consent Order for conducting a Remedial Investigation/
Feasibility Study (RI/FS) and pre-design for the Site. A snow fence was 
placed around the fill in November 1984 to deter unauthorized entry. In 
November 1984, RI/FS field work began. The RI report was completed in 
August 1987, and the FS was completed in April 7, 1989. In September 
1989, a Record of Decision (ROD) was issued by the EPA for the Site. 
The Proposed Plan had selected off-site disposal of the fill material 
for the proposed remedy. During the Public comment period the PRP's 
requested that the EPA allow them to demonstrate that on-site 
biological treatment would meet all nine remedy selection criteria and 
be more cost effective than off-site disposal. All factors considered, 
EPA determined that enhanced biological treatment of the residually 
contaminated fill material would be a viable innovative treatment 
technology. It would be the selected remedy if it could be demonstrated 
during the remedial design pilot studies, that the ROD requirements 
could be achieved by on-site biological treatment in a reasonable time 
frame. The major components of the selected remedial action in the ROD 
included:
     Excavation and treatment, via incineration, of 
approximately 200 cubic yards of exposed tar;
     Excavation, segregation and treatment, via incineration, 
of approximately 200 cubic yards of buried tar;
     Excavation and treatment, via enhanced biological 
treatment, of approximately 9,200 cubic yards of residual contaminated 
fill material;
     Import of clean backfill and topsoil cover/revegetation of 
excavation area;
     Site deed restrictions that prevent installation of 
drinking water wells within the vicinity of the contaminated 
groundwater boundaries and the disturbance of fill material until 
health based remedial action goals had been achieved; and
     Groundwater/air monitoring program to confirm the adequacy 
of enhanced biological treatment of residual contaminated fill material 
and in-situ biotreatment of residual groundwater contamination.
    On June 27, 1990, the remedial action for the excavation and 
incineration of exposed and readily accessible tar was completed. The 
tar was excavated and incinerated at an off-site incinerator. On 
January 4, 1992, the Marquette County Health Department issued an Order 
prohibiting installation of any water wells on the Site until future 
factual evidence shows that the groundwater is suitable for use as 
drinking water at this location. On November 25, 1992, the City of 
Marquette placed Restrictive Covenants on the fill area restricting 
activities at the Site that may result in human health exposure greater 
than the cleanup standards in the ROD. These activities satisfy the 
institutional control and deed restriction requirements of the ROD. In 
August 1993, the PRPs issued the results of a bench scale Forced Air 
Biological Treatment (FABT) study. The FABT did not demonstrate that 
the ROD clean-up values could be obtained at a reasonable cost, in a 
reasonable time frame. Further requests by the Agency for more 
comprehensive site characterization indicated that the tar fraction was 
more extensive than the RI had indicated. Field studies by the PRP's to 
demonstrate that the tar could be segregated from the fill material 
were also unsuccessful. On July 5, 1995, consistent with the Proposed 
Plan, and as provided for in the ROD, the PRPs accepted a Unilateral 
Order for removal and disposal of all tar and fill from the Site with 
contamination above ROD clean up levels, and quarterly monitoring of 
select Site wells for a one year period.
    In the summer of 1995, the PRPs excavated 28,000 tons of 
contaminated Site material, sent it to an off-site licensed landfill 
for disposal, and replaced it with clean borrow material and seeded. 
Four quarterly groundwater monitoring events occurred at the Site after 
the remedy was complete. One well showed trace amounts of benzene, 
these results being consistent with early RI findings. Results of all 
other wells were either non-detect or well below risk and hazard index 
criteria. Confirmatory Sampling at Dead River also supported the 
findings that there was no groundwater problem.
    The groundwater monitoring program implemented during the quarterly 
Operation and Maintenance (O & M) phase was performed in accordance 
with the approved Quality Assurance Project Plan for O & M. The 
laboratory used for the analysis of the groundwater samples was 
determined to be acceptable for use by the U.S. EPA Region 5 
Environmental Sciences Division based on previous laboratory audits. 
Split samples were also analyzed by the MDNR, and were in agreement 
with the PRPs results. The post RA groundwater analytical results were 
below health based concerns. Therefore, EPA and the MDEQ have decided 
to remove this Site from the NPL.

V. Action

    The remedy selected for this Site has been implemented in 
accordance with the ROD. The remedy has resulted in the significant 
reduction of the long-term potential for release of contaminants, 
therefore, threats to human health and the environment have been 
minimized. EPA and the State of Michigan find that the remedy 
implemented continues to provide adequate protection of human health in 
the environment.
    The MDEQ concurs with the EPA that the criteria for deletion of the 
Site have been met. Therefore, EPA is deleting the Site from the NPL.
    This action will be effective November 17, 2000. However, if EPA 
receives dissenting comments by October 18, 2000, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous Waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 6, 2000.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    Part 300, title 40 of chapter I of the Code of Federal Regulations 
is amended as follows:

PART 300--[AMENDED]

    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--[Amended]

    2. Table 1 of appendix B to part 300 is amended by removing the 
site for

[[Page 56261]]

``Cliff/Dow Dump, Marquette, Michigan.''
[FR Doc. 00-23641 Filed 9-15-00; 8:45 am]
BILLING CODE 6560-50-P