[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4249-4253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7612-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of partial deletion of the Hubbell/Tamarack 
City parcel of Operable Unit I (OUI) of the Torch Lake Superfund Site 
from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region V is 
publishing a direct final notice of partial deletion of the Hubbell/
Tamarack City parcel of OUI of the Torch Lake Superfund Site (Site), 
located in, Houghton County Michigan, from the National Priorities List 
(NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, in appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of Michigan, through the Michigan Department 
of Environmental Quality (MDEQ), because EPA has determined that all 
appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not necessary 
at this time.

DATES: This direct final notice of partial deletion will be effective 
March 29, 2004 unless EPA receives adverse comments by March 1, 2004. 
If adverse comments are received, EPA will publish a timely withdrawal 
of the direct final notice of deletion in the Federal Register 
informing the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Dave Novak, Community Involvement 
Coordinator, U.S. EPA (P-19J), 77 W. Jackson Blvd., Chicago, IL 60604.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region V Record Center, 77 W. Jackson, 
Chicago, Il 60604, (312) 353-5821, Monday through Friday 8 a.m. to 4 
p.m.; Lake Linden/Hubbell Public Library, 601 Calumet St., Lake Linden, 
MI 49945, (906) 296-0698 Monday through Friday 8 a.m. to 4 p.m., 
Tuesday and Thursday 6 p.m to 8 p.m.; Portage Lake District Library, 
105 Huron, Houghton, MI 49931 (906) 482-4570, Monday, Tuesday and 
Thursday 10 a.m. to 9 p.m., Wednesday and Friday 10 a.m. to 5 p.m., and 
Saturday 12 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Brenda Jones, Remedial Project Manager 
at (312) 886-7188, [email protected] or Gladys Beard, State NPL 
Deletion Process Manager at (312) 886-7253, [email protected] or 1-
800-621-8431, (SR-6J), U.S. EPA Region V, 77 W. Jackson, Chicago, IL 
60604.

SUPPLEMENTARY INFORMATION:

Table of Contents

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


[[Page 4250]]



I. Introduction

    EPA Region V is publishing this direct final notice of deletion of 
the Hubbell/Tamarack City parcel of OUI of the Torch Lake, Superfund 
Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective March 29, 2004 unless 
EPA receives adverse comments by March 1, 2004 on this document. If 
adverse comments are received within the 30-day public comment period 
on this document, EPA will publish a timely withdrawal of this direct 
final partial deletion before the effective date of the deletion and 
the deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Hubbell/Tamarack City portion 
of the Torch Lake Superfund Site and demonstrates how it meets the 
deletion criteria. Section V discusses EPA's action to delete the Site 
from the NPL unless adverse comments are received during the public 
comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a release from the NPL, EPA shall 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 (Hazardous Substance Superfund 
Response Trust Fund) 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, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the 
site be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. 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 deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of this Site:
    (1) The EPA consulted with Michigan on the deletion of the Site 
from the NPL prior to developing this direct final notice of deletion.
    (2) Michigan concurred with deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of intent to delete is published today in the 
``Proposed Rules'' section of the Federal Register, is being published 
in a major local newspaper of general circulation at or near the Site, 
and is being distributed to appropriate federal, state, and local 
government officials and other interested parties. The newspaper notice 
announces the 30-day public comment period concerning the notice of 
intent to delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely notice of 
withdrawal of this direct final notice of deletion before its effective 
date and will prepare a response to comments and continue with a 
decision on the deletion based on the notice of intent to delete and 
the comments already received
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site 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 EPA management. Section 
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 should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting 
this Site from the NPL.

Site Location

    The Torch Lake Superfund Site (the Site) is located on the Keweenaw 
Penninsula in Houghton County, Michigan. The Site includes Torch Lake, 
the west shore of Torch Lake, the northern portion of Portage Lake, the 
Portage Lake Canal, Keweenaw Waterway, the North Entry to Lake 
Superior, Boston Pond, Calumet Lake, and other areas associated with 
the Keweenaw Basin. Tailing piles and slag piles deposited along the 
western shore of Torch Lake, Northern Portage Lake, Keweenaw Waterway, 
Lake Superior, Boston Pond, and Calumet Lake are also included as part 
of the Site. Tailing piles are located at Lake Linden, Hubbell/Tamarack 
City, Mason, Calumet Lake, Boston Pond, Michigan Smelter, Isle-Royale, 
Dollar Bay, and Gross Point. Slag piles are located at Quincy Smelter 
and Hubbell City.

Site History

    Torch Lake was the site of copper milling and smelting facilities 
and operations for over 100 years. The lake was a repository of milling 
wastes, and served as the waterway to transportation to support the 
mining industry. The first mill opened on Torch Lake in 1868. At the 
mills, copper was extracted by crushing or ``stamping'' the rock into 
smaller pieces and driving them through successively smaller meshes. 
The copper and crushed rock were separated by gravimetric sorting in a 
liquid medium. The copper was sent to a smelter. The crushed rock 
particles, called ``tailings'', were discarded along with mill 
processing water, typically by pumping into the lakes.
    Mining output, milling activity, and tailing production peaked in 
the Keweenaw Peninsula in the early 1900s to 1920. All of the mills at 
Torch Lake were located on the west shore of the lake and many other 
mining mills and smelters were located throughout the Keweenaw 
Peninsula. In about 1916, advances in technology allowed recovery of 
copper from tailings previously deposited in Torch Lake. Dredges were 
used to collect submerged tailings which were then screened, recrushed, 
and gravity separated. An

[[Page 4251]]

ammonia leaching process involving cupric ammonium carbonate was used 
to recover copper and other metals from conglomerate tailings. During 
the 1920s, chemical reagents were used to further increase the 
efficiency of reclamation. The chemical reagents included lime, 
pyridine oil, coal tar creosotes, wood creosote, pine oil, and 
xanthates. After reclamation activities were complete, chemically 
treated tailings were returned to the lakes. In the 1930s and 1940s, 
the Torch Lake mills operated mainly to recover tailings in Torch Lake. 
In the 1950s, copper mills were still active, but by the late 1960s, 
copper milling had ceased.
    Over 5 million tons of native copper was produced from the Keweenaw 
Peninsula and more than half of this was processed along the shores of 
Torch Lake. Between 1868 and 1968, approximately 200 million tons of 
tailings were dumped into Torch Lake filling at least 20 percent of the 
lake's original volume.
    In June 1972, a discharge of 27,000 gallons of cupric ammonium 
carbonate leaching liquor occurred into the north end of Torch Lake 
from the storage vats at the Lake Linden Leaching Plant. The Michigan 
Water Resources Commission (MWRC) investigated the spill. The 1973 MWRC 
report discerned no deleterious effects associated with the spill, but 
did observe that discoloration of several acres of lake bottom 
indicated previous discharges.
    In the 1970s, environmental concern developed regarding the 
century-long deposition of tailings into Torch Lake. High 
concentrations of copper and other heavy metals in Torch Lake 
sediments, toxic discharges into the lakes, and fish abormalities 
prompted many investigations into long- and short-term impacts 
attributed to mine waste disposal. The International Joint Commission's 
Water Quality Board designated the Torch Lake basin as a Great Lakes 
Area of Concern (AOC) in 1983. Also in 1983, the Michigan Department of 
Public Health announced an advisory against the consumption of Torch 
Lake sauger and walleye fish due to tumors of unknown origin. The Torch 
Lake Site was proposed for inclusion on the National Priorities List 
(NPL) in October of 1984. The Site was placed on the NPL in June 1986. 
The Torch Lake Site is also on the list of sites identified under 
Michigan's Natural Resources and Environmental Protection Act 451 part 
201.
    A Draft Remedial Action Plan (RAP) for the Torch Lake AOC was 
developed by Michigan Department of Natural Resources (MDNR) in October 
1987 to address the contamination problems and to recommend the 
remedial action for Torch Lake. Revegetation of lakeshore tailings to 
minimize air-borne particulate matter was one of the recommended 
remedial actions in the RAP.
    Attempts to establish vegetation on the tailing piles in Hubbell/
Tamarack City have been conducted since the 1960s to stabilize the 
shoreline and to reduce air particulate from tailings. It has been 
estimated that 40 to 50 percent of tailings in this area are vegetated.

Remedial Investigation and Feasibility Study (RI/FS)

    On May 9, 1988, Special Notice Letters were issued to Universal Oil 
Products (UOP) and Quincy Mining Co. to perform a Remedial 
Investigation/Feasibility Study (RI/FS). UOP is the successor 
corporation of Calumet Hecla Mining Company which operated its milling 
and smelting on the shore of Lake Linden and disposed of the generated 
tailings in the area. On June 13, 1988, a Notice Letter was issued to 
Quincy Development Company, which was the current owner of a tailing 
pile located on the lake shore of Mason City. Negotiations for the RI/
FS Consent Order with these Potentially Responsible Parties (PRPs) were 
not successful due to issues such as the extent of the Site, and the 
number of PRPs. Subsequently, U.S. EPA contracted with Donohue & 
Associates in November 1988 to perform the RI/FS at the Site.
    On June 21, 1989, U.S. EPA collected a total of eight samples from 
drums located in the Old Calumet and Hecla Smelting Mill Site near Lake 
Linden, the Ahmeek Mill Site near Hubbell City, and the Quincy Site 
near Mason. On August 1, 1990, nine more samples were collected from 
drums located above the Tamarack Site near Tamarack City. Based on the 
results of these samples, U.S. EPA determined that some of these drums 
may have contained hazardous substances. During the week of May 8, 
1989, the U.S. EPA also conducted ground penetrating radar and a 
subbottom profile (seismic) survey of the bottom of Torch Lake. The 
area in which this survey was conducted is immediately off-shore from 
the Old Calumet and Hecla Smelting Mill Site. The survey located 
several point targets (possibly drums) on the bottom of Torch Lake. 
Based on the drum sampling results and seismic survey, U.S. EPA 
executed an Administrative Order by Consent, dated July 30, 1991, which 
required six companies and individuals to sample and remove drums 
located on the shore and lake bottom. Pursuant to the Administrative 
Order, these entities removed 20 drums with unknown contents off-shore 
from the Peninsula Copper Inc., and the Old Calumet and Hecla Smelting 
Mill Site in September 1991. A total of 808 empty drums were found in 
the lake bottom. These empty drums were not removed from the lake 
bottom. A total of 82 drums and minor quantities of underlying soils 
were removed from the shore of Torch Lake. The removed drums and soils 
were sampled, over packed, and disposed off-site at a hazardous waste 
landfill.
    Due to the size and complex nature of the Site, three OUs have been 
defined for the Site. OU I includes surface tailings, drums, and slag 
piles on the western shore of Torch Lake. Approximately 500 acres of 
tailings are exposed surficially in OU I. The Hubbell/Tamarack parcel 
is included in OU I, in addition to the Lake Linden and Mason parcels.
    OU II includes groundwater, surface water, submerged tailings and 
sediment in Torch Lake, Portage Lake, the Portage channel, and other 
water bodies at the site.
    OU III includes tailing slag deposits located in the north entry of 
Lake Superior, Michigan Smelter, Quincy Smelter, Calumet Lake, Isle-
Royale, Boston Pond, and Grosse-Point (Point Mills).
    Remedial Investigations (RIs) have been completed for all three 
operable units. The RI and Baseline Risk Assessment (BRA) reports for 
OU I was finalized in July 1991. The RI and BRA reports for OU III were 
finalized on February 7, 1992. The RI and BRA reports for OU II were 
finalized in April 1992. The Ecological Assessment for the entire Site 
was finalized in May 1992.

Record of Decision Findings

    A Record of Decision (ROD) was completed to select remedial actions 
for OU I and III on September 30, 1992. A ROD was completed to select 
remedial actions for OU II on March 31, 1994.
    The remedies primarily address ecological impacts. The most 
significant ecological impact is the severe degradation of the benthic 
communities in Torch Lake as a result of metal loadings from the mine 
tailings. The remedial action required that the contaminated stamp 
sands (tailings) and slag piles contributing to site-specific 
ecological risks at the Torch Lake Superfund Site (OU I & OU III) be 
covered with a soil and vegetative cover as identified in the RODs for 
this Site and as documented in the Final Design Document dated 
September 10, 1998. The ROD requires deed restrictions to control the 
use of the tailing piles so that tailings will not be left in a

[[Page 4252]]

condition which is contrary to the intent of the ROD. No further 
response action was selected for OU II. OU II will be allowed to 
undergo natural recovery and detoxification.
    In addition, the RODs for OU I and OU III required long-term 
monitoring of Torch Lake to assess the natural recovery and 
detoxification process after the remedy was implemented. Torch Lake was 
chosen as a worst-case scenario to study the recovery process. It was 
assumed that other affected water bodies would respond as well, or 
better, than Torch Lake to the implemented remedy.

Characterization of Risk

    No additional response action(s) is required at the Hubbell/
Tamarack City parcel of the Torch Lake Superfund Site. The Hubbell/
Tamarack City parcel has been designated as operational and functional. 
The current conditions at the Hubbell/Tamarack City parcel are 
protective of human health and the environment.

Response Action

    A final design for OU I and OU II was completed in September 1998. 
Also in September 1998, U.S. EPA obligated $15.2 million for the 
implementation of the selected remedies for OU I and OU III. As of 
January 1, 2001, the remedial actions at the Hubbell/Tamarack City 
portion of OU I have been completed.
    The Interagency Agreement (IAG) was signed with USDA-NRCS to 
perform remedial action (RA) management and oversight. EPA believes 
that USDA-NRCS was the best choice for construction management and 
oversight because of its extensive history with soil erosion and 
stabilization projects, and its experience with the Site.
    Actual on-Site construction began in June 1999. Currently, about 85 
percent of the Site remedy is complete, including all of OU1 (parcels 
at Lake Linden, Hubbell/Tamarack and Mason). Hubbell/Tamarack (140 
acres covered) was completed by October 2000. However, a washout 
occurred in 2001 and again in 2002 near the lake outlet of a surface 
water diversion path. Both washouts were promptly repaired and are 
expected to remain stable. Copies of the required deed restrictions for 
the Hubbell/Tamarack parcel were obtained by EPA in 2003 to verify the 
completion of this component of the remedy and filed in the EPA's Torch 
Lake Site Administrative Record.
    Remediated areas include cover material consisting of six to ten 
inches of sandy-loam soil and a vegetative mat. The vegetative mat was 
achieved through a seed mix applied directly on top of the sandy-loam 
soil. The seed mix was typically applied at approximately 90 pounds per 
acre. The typical seed mix contained six species of plants, including 
perennia ryegrass (Lolium perene), tall fescue (Festuca arundiancea), 
creeping red fescue (Festica rubra), red clover (Trifolium pratense), 
alfalfa (vernal Medicago falcata), and birds foot trefoil (Lotus 
comiculatus). This mix of plant species was selected because of their 
rapid growth rate and because they are relatively resilient. Rapid 
stabilization of the soil cover material with vegetation is important 
at the Site in order to avoid soil washouts and to accommodate the 
short growing season. Variations of this seed mix were applied to a 
small number of areas to accommodate landowner preference. Overall, the 
vegetative growth in most areas is well established and is stabilizing 
the soil portion of the cover material.
    Shoreline protection was also installed along much of the shoreline 
where the remedy was implemented. Shoreline protection includes rip-rap 
rock (rock boulders averaging about one-foot in diameter in the shape 
midway between a sphere and a cube with a specified density and 
integrity) which protects the remedy from wave erosion.
    EPA and MDEQ have determined that RA construction activities have 
so far been performed according to specifications and anticipate that 
cover material and shoreline protection installed at the Site will meet 
remedial action objectives for the Site.

Cleanup Standards

    The objectives of the remedies were to ensure that all soil parcels 
were soil covered with vegetation. All Hubbell/Tamarack City parcels 
were operational and functional for a period up to three years after 
the construction of the parcel or until the remedy is jointly 
determined by the U.S. EPA and the MDEQ to be functioning properly and 
performing as designed.

Operation and Maintenance

    In 1999 and 2000, as part of the remedy requirement for long-term 
monitoring, EPA conducted environmental sampling as a way to establish 
the environmental baseline conditions of Torch Lake. It is anticipated 
that future long-term monitoring events will be conducted by the MDEQ 
and the results compared to the 2001 baseline study to identify changes 
and/or establish trends in lake conditions.
    The RODs for OU I & OU III required long-term monitoring of Torch 
Lake to assess the natural recovery and detoxification process after 
the remedy was implemented. Other O & M activities include site 
inspections, repairs and fertilization of the vegetative cover, if 
necessary. Based on site inspections conducted during Summer 2002 and 
2003, repairs and fertilization of the soil and vegetative cover at the 
Hubbel/Tamarack City parcel are no longer necessary.

Five-Year Review

    Because hazardous substances will remain at the Site above levels 
that allow for unrestricted use and unlimited exposure, the EPA will 
conduct periodic reviews at this Site. The review will be conducted 
pursuant to CERCLA 121 (c) and as provided in the current guidance on 
Five Year Reviews; OSWER Directive 9355.7-03B-P, Comprehensive Five-
Year Guidance, June 2001. The first five-year review for the Torch Lake 
Site was completed on March 4, 2003. This first five-year review stated 
that EPA intended to pursue partial NPL deletion of Hubbell/Tamarack in 
2003.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion on this Site from the NPL are available 
to the public in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Michigan, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA are necessary. 
Therefore, EPA is deleting the Hubbell/Tamarack City parcel of Torch 
Lake Superfund Site from the NPL.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication. This action will 
be effective March 29, 2004 unless EPA receives adverse comments by 
March 1, 2004. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will not take effect. Concurrent with this action EPA 
will prepare a response to comments and as appropriate continue with 
the deletion process on the basis of the notice of intent to delete and 
the comments already received. There will be no additional opportunity 
to comment.

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List of Subjects in 40 CFR Part 300

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

    Dated: January 14, 2004.
William E. Muno,
Acting Regional Administrator, Region V.


0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended under Michigan ``MI'' 
by revising the entry for ``Torch Lake'' and the city ``Houghton.''

Appendix B to Part 300--National Priorities List

                                       Table 1.--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                          Sitename               City/County                (Notes)a
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MI...................................  Torch Lake.............  Houghton...............  P
 
                                                 * * * * * * *
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 (A)* * *

    P=Sites with partial deletion(s).
* * * * *
[FR Doc. 04-1543 Filed 1-28-04; 8:45 am]
BILLING CODE 6560-50-P