[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22606-22610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8601]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7905-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Lower Ecorse Creek 
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 deletion of the Lower Ecorse Creek, 
Superfund Site (Site), located in Wyandotte, 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, is 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, 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 deletion will be effective July 1, 
2005, unless EPA receives adverse comments by June 1, 2005. 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: Timothy Prendiville, Remedial 
Project Manager (RPM) at (312) 886-5122, [email protected] or 
Gladys Beard, State NPL Deletion Process Manager at (312) 886-7253, 
[email protected], U.S. EPA Region V, 77 W. Jackson, Chicago, IL 
60604, (mail code: SR-6J) or at 1-800-621-8431.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region V Library, 77 W. Jackson, Chicago, 
Il 60604, (312) 353-5821, Monday through Friday 8 a.m. to 4 p.m.; Bacon 
Memorial Public Library, 45 Vinewood, Wyandotte, MI 54656, (734) 246-
8357, Monday through Thursday 10 a.m. to 9 p.m., Friday and 9 a.m. to 5 
p.m.

FOR FURTHER INFORMATION CONTACT: Timothy Prendiville, Remedial Project

[[Page 22607]]

Manager at (312) 886-5122, [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

I. Introduction

    EPA Region V is publishing this direct final notice of deletion of 
the Lower Ecorse Creek, 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 July 1, 2005, unless 
EPA receives adverse comments by June 1, 2005, 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 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 Lower Ecorse Creek 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 LEC Site is located in Section 17, R11E, T3SN in the City of 
Wyandotte, Wayne County, Michigan. The City of Wyandotte is located 
about 6 miles southwest of the City of Detroit. The Site area includes 
six residential blocks centered around the 400 block of North Drive. 
The Detroit and Toledo Railroad tracks are located east of the 
residential area. The Ecorse River borders the site to the north and 
west. Directly north of the Ecorse River are the Downriver Communities 
Combined Sewer Overflow Treatment Plant and the Abandoned Great Lakes 
Steel Foundary. Two lots located at 2303 Oak Street were also included 
as part of the site. The Oak Street Site is located approximately 1.5 
miles west-northwest of the North Drive properties at the corner of 
23rd and Oak Street.

Site History

    Before 1930, lands near the banks of the Ecorse River in Wyandotte 
were wetlands. A 1937 aerial photograph shows the wetlands and small 
brook that flowed to a river in the lots between lots 23/24 (470/480 
North Drive) and lot 27 (446 North Drive). A 1951 photograph indicates 
that most of the wetland area had been filled, and residential 
development along North Drive had occurred by that time.
    By 1957 the river had been rechanneled. The confluence of the north 
and south branches of the river were relocated from north of lot 43 
(304 North Drive). Extensive fill is evident north of the Ecorse River. 
Modifications to the river in the early 1980s involved straightening 
the south bank of the river at the rear of several residential

[[Page 22608]]

properties in the area, reportedly using construction debris as fill. 
Interviews with local residents indicate that the homes on North Drive 
were built from about the 1920s through the 1980s.
    In 1989, the owner of the residence at 470/480 North Drive (Lots 
23/24) reported to the Wayne County Health Department (WCHD) that 
workers excavating on their property had encountered blue-colored soil. 
The WCHD contacted the Agency for Toxic Substances and Disease Registry 
(ATSDR), and both agencies subsequently contacted the U.S. EPA for 
further investigation. The U.S. EPA found a large area of soil 
contaminated with ferric ferrocyanide. It is suspected that the waste 
came from a coal-gasification plant. Blue-colored water was observed in 
the basement sump of the house on lots 23/24. Blue stains were also 
seen on the basement walls of the house.

Remedial Investigation and Feasibility Study (RI/FS)

    In January 21, 1994, U.S. EPA initiated a fund-lead RI/FS. U.S. 
EPA's contractor, CH2M Hill initiated field work at the site in 
November of 1994 and completed the activities by December 1994. The RI 
found that soils were the only medium of concern and that the soils in 
the North Drive area were contaminated with cyanide, PAHs and other 
metals.
    In the area of the previous investigations performed during the 
time-critical removal, cyanide was detected in 73 percent of the 
surface soil samples at a maximum reported concentration of 1,730 mg/
kg. During the RI, cyanide was also detected in the subsurface soils in 
most of the samples collected from the area of the previous 
investigations with a maximum concentration of 32,300 mg/kg at a depth 
of 4 to 6 feet. The maximum cyanide concentration in the soil samples 
collected outside the previous investigation area was 4.0 mg/kg, 
measured in a surface soil sample.
    Antimony, arsenic, barium, chromium, copper, iron, lead, manganese, 
and zinc were the metals detected most frequently at concentrations 
greater than background in both surface and subsurface soils at the 
site. Metals were detected above background most frequently in the fill 
area adjacent to the Ecorse River.
    The majority of surface soil samples did not contain any detectible 
volatile organic compounds (VOCs). Polynuclear aromatic hydrocarbons 
(PNAs), were detected across the site in both surface and subsurface 
soils. The maximum detected for an individual PNA was 150,000 ug/kg for 
pyrene. The highest concentration of PNA's were detected in the area of 
previous investigations. Dioxin was found in soils at 10 site 
locations, primarily in the playground/park area at a maximum 
concentration of 16.0 ng/g. Two surface soil and two subsurface soil 
samples also contained polychlorinated biphenyls (PCBs). The maximum 
concentration was 250 ug/kg in a subsurface soil sample from the 
playground/park area.
    At the Oak Street area, cyanide was detected in subsurface soils at 
concentrations ranging from 44.1 to 7,438 mg/kg. The highest 
concentrations were found in the west area, adjacent to the asphalt 
parking area.
    A Feasibility Study (FS) was prepared for this site by U.S. EPA's 
contractor CH2M Hill in January 1996. It evaluated three alternatives 
for the site based upon the findings in the RI: (1) No Action, (2) 
Excavation and Disposal of Shallow Contaminated Soil and Implementation 
of Institutional Controls for Areas with Deep Contamination, and (3) 
Excavation and off-site Treatment and Disposal of Shallow and Deep 
Contaminated Soil.
    Part of the site work during the RI/FS and RD/RA has centered on 
isolated spots of contamination found in the City of Wyandotte owned 
Park Area located on the 600 block of North Drive. The Park Area is 
about 1 acre in size and has a small playground equipment area, swing 
set, pavilion and basketball court, but most of the property is grass 
covered and is for general recreational use.
    Sampling of the Park during the RI had found 3 small areas of 
subsurface soil with lead and/or arsenic above cleanup standards. The 
Remedial Design estimated that approximately 170 cubic yards of 
contaminated soil would require removal. When excavation continued at 
the Park in March 2000, a layer of debris was found three to four feet 
beneath the surface. This material had no similarities to the cyanide 
waste found elsewhere in the area. When the material was sampled 
elevated levels of lead and arsenic slightly above the State of 
Michigan's cleanup standards were found. Nine test excavations were dug 
to determine the extent of this waste layer. Those tests showed that 
the layer of debris exists under most of the park and is about six feet 
thick (approximately 10,000 cubic yards of waste) with three feet of 
clean fill above the waste layer. Surface soil sample results from 15 
locations taken during the RI have shown that the surface soils are 
clean. However the material does not continue onto adjacent properties. 
None of the material in any of the test pits exhibited the same 
physical characteristics as the cyanide contaminated waste found on 
other properties. The debris appears to be general household waste 
disposed of many years ago and consisting of things such as broken 
glass, rags, shoes and other garbage.

Record of Decision Findings

    In April 1996, U.S. EPA issued a Proposed Plan to the public, and 
held a public meeting on May 9, 1996, to discuss the proposal. Public 
comments were also received at the meeting. The public comment period 
extended from April 30, 1996 through May 29, 1996.
    On July 17, 1998, with the concurrence of the MDEQ, the U.S. EPA 
signed a Record of Decision for the Lower Ecorse Creek Site. Responses 
to all public comments received on the Proposed Plan are contained in 
the Responsiveness Summary attached to the final ROD. The U.S. EPA 
selected Alternative 3 Excavation and Off-Site Treatment and Disposal 
of Shallow and Deep Contaminated Soil, as the most appropriate remedy 
for the site. The major components of the selected remedy were:

--Resampling of the locations above the cleanup standards in 
residential properties to determine the extent of contamination;
--Excavation of shallow and deep contaminated soils;
--Off-site disposal of contaminated soil with prior stabilization, if 
required, based on waste characterization sampling; and,
--Restoration of residential areas.

    U.S. EPA published notice of a proposed plan to amend the 1996 
Record of Decision to address the conditions in the park area. The 
public comment period ran from February 28, 2001 until March 29, 2001. 
No comments were received from the general public nor from the City of 
Wyandotte, the property owner. On July 13, 2001, the U.S. EPA Region 5 
Superfund Division Director signed a ROD amendment addressing the 
subsurface soil contamination in the Park Area. The amended remedy 
requires implementation and maintenance of institutional controls 
restricting use of the land and the groundwater at the City of 
Wyandotte Park Area. The ROD Amendment also specified that the remedy 
would remain unchanged for all other portions of the Site.

Characterization of Remaining Risk

    The only remaining risks at the Lower Ecore Creek site are related 
to the remaining contamination in the park area. Currently the 
remaining

[[Page 22609]]

contamination is located beneath at least 3 feet of clean fill 
material. The City of Wyandotte is responsible for maintaining the 
integrity of that cover layer. However, if the cover layer were to 
erode or become damaged in some other way, recreational users could 
come in contact with the contaminated waste. The only contaminants 
found in the park area during the RI/FS and RD/RA above MDEQ Part 201 
health-based standards were lead and arsenic. Through confirmation 
sampling all other areas of the site are considered clean, i.e., below 
MDEQ Part 201 health-based standards.

Response Actions

    ATSDR issued health consultations on the site in November 1989, 
July 1990, November 1990, and March 1991. ATSDR concluded in these 
consultations that the site posed a significant health threat and 
recommended that the residents avoid contact with the contaminated 
areas until permanent measures could be completed.
    In December 1989, U.S. EPA covered the areas of visible 
contamination with six inches of clean top soil. After it was reported 
that the new soil was being eroded away, additional soil was added to 
the cover in August 1991. In January 1993, the owner of the residence 
at lots 23/24 reported that his basement had flooded with blue water. 
U.S. EPA investigators found that these waters contained high 
concentrations of cyanide.
    On August 13, 1993, ATSDR issued a Public Health Advisory for the 
North Drive (Lower Ecorse Creek) Site. The Advisory concluded that the 
cyanide levels found in the soil posed a significant public health 
hazard and that anyone using shallow ground water in the site area may 
be at a risk of exposure to cyanide contaminated water. The advisory 
made several recommendations, the most significant of which was to 
dissociate the residents from the cyanide contamination.
    In November 1993, U.S. EPA began a time-critical removal action at 
the site. This action included sampling 10 residential lots for cyanide 
and other contaminants. Based upon these results, contaminated soils 
from around the residences at lots 23/24 and 91/92 were removed and 
disposed of off-site. The foundations at both residences were also 
found to be deteriorated by the corrosive nature of the waste. Repairs 
were made by U.S. EPA to both foundations. At lots 23/24 application of 
a chemical resistant sealant to the basement walls and floors, and 
restorations of the surface drainage at the residence were also 
required. The time-critical removal was completed by January 1994.
    On January 19, 1994 the Lower Ecorse Creek site was proposed for 
listing on the National Priorities List (NPL) based upon ATSDR's Public 
Health Advisory. The site became final on the NPL on May 31, 1994.
    In March 1995, an area of cyanide contamination, similar to the 
material identified at the North Drive area, was discovered at the 
residential lot at 2303 Oak Street, Wyandotte, Michigan. A time-
critical removal action was initiated and contaminated soil was 
excavated and disposed off-site; the site was restored in May 1995. 
Because of the apparent similarity of the material to that found at the 
LEC site, the Oak Street site was included in the Remedial 
Investigation/Feasibility Study for the LEC Site.
    On November 29, 1995, ATSDR released a final Public Health 
Assessment for the site which stated that the recommendations made in 
the 1993 Public Health Advisory concerning this site have been met.
    Site mobilization for the fund-lead RA began in April 1998. All 
construction activities were completed in September 2000. Forty-nine 
individual areas were excavated over the course of the RA affecting 14 
separate residential lots. During the RA, approximately 3,500 tons of 
contaminated soil have been removed from the site and disposed of in an 
approved off-site facility. Also, approximately 90,000 gallons of water 
were disposed of off-site. During the excavation of several locations 
water from the creek infiltrated the open hole. In order to complete 
the excavation of the contaminated soil the water was pumped out of the 
holes and disposed of at an off-site treatment facility. Also, 
remaining was the re-waterproofing of the basement at 471 North Drive. 
During the 1994 Removal project at the site the basement wall was 
reconstructed and waterproofed. After the completion of the work on his 
basement, the homeowner complained of water seeping into the basement 
through that wall. The subsequent repairs took place through the 
Remedial Action contract and were completed in September 2000. A 
complete narrative of the RA activities can be found in the September 
20, 2000 Remedial Action Report. The final inspection took place on 
September 20, 2000. In May 2002, the homeowner of 471 North Drive 
contacted the U.S. EPA Project Manager (RPM). The homeowner observed 
blue staining at the base of the north basement wall. On May 16, 2002, 
the RPM inspected the basement and verified the owner's observations. A 
small area of blue staining was observed at the base of the cinder 
block wall, about 6 to 12 inches from the eastern wall. Water seepage 
also was noted along the entire length of the wall.
    In August 2002, U.S. EPA executed a procurement request with CH2M 
Hill to address the remaining concerns at the 471 North Drive property. 
In September 2002, remedial excavation activities were initiated by 
CH2M Hill to address the seepage of contaminated water into the 
residential basement at 471 North Drive. Remedial construction 
consisted of the excavation and off site disposal of the contaminated 
soil adjacent to the north basement walls below the front porch, 
exposure of the north basement wall, and application of waterproofing 
material to the foundation wall to prevent further leakage. The north 
foundation drain line was found to be crushed and was replaced prior to 
backfill of the foundation wall. Confirmatory soil sampling was 
conducted from September 18 to September 30, 2002. The sampling results 
indicated that no additional excavation and remedial construction work 
was required.

Cleanup Standards

    For the soil a risk-based cleanup standard was used which is 
protective of human health the environment. The cleanup standards in 
the ROD were designed to meet the Michigan Act 245, Rule 57 and 
Michigan Act 451, Part 201 performance standards. This Site is being 
deleted because it meets all cleanup standard's outlined in the ROD.

Operation and Maintenance

    The cleanup selected in the original 1996 ROD remedy did not 
require operation and maintenance because all contaminated soils were 
to be excavated and disposed of off-site. However, implementation of 
the 2001 ROD Amendment 1 results in approximately 10,000 cubic 
yards of waste being left on-site on one parcel of the property, the 
Park Area. In accordance with ROD Amendment 1, and the 2002 
UAO, the City of Wyandotte is responsible for the monitoring and 
maintenance of the existing cover on the Park Area and maintenance of 
deed restrictions on the parcel. During routine maintenance of the Park 
Area, the City is required to inspect the property for any conditions 
which may, in the course of recreational use or precipitation events, 
erode the approximately three foot layer of clean fill material. They 
are also to repair any areas where the soil cover has been disturbed or 
eroded. A formal inspection of the property is to be recorded by the 
City on a yearly basis.

[[Page 22610]]

Five-Year Review

    A statutory five-year review will be conducted for the Site on July 
13, 2006. As required by Statute, the EPA must conduct a five-year 
review pursuant to CERCLA 121 (c) and as provided in the current 
guidance on Five Year Reviews.

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 of 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 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 July 1, 2005, unless EPA receives adverse comments by June 
1, 2005. 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. 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.

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: April 20, 2005.
Norman Niedergang,
Acting Regional Administrator, U.S. EPA 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 removing the entry for ``Lower Ecorse Creek'' and the city 
``Wyandotte.''

[FR Doc. 05-8601 Filed 4-29-05; 8:45 am]
BILLING CODE 6560-50-P