[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55296-55300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18834]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7971-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of partial deletion of the East Tailing 
Area of the Tar Lake Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 5 is 
publishing a notice of partial deletion of the East Tailing Area of the 
Tar Lake Superfund Site (Site), located in, Antrim 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 notice of partial deletion is being published by EPA with the 
concurrence of the State of Michigan, through the Michigan Department 
of Environmental Quality (MDEQ). Remedial investigation results in the 
East Tailing Area of the Tar Lake Site

[[Page 55297]]

have shown that no threat to public health or the environment exist 
and, therefore, the taking of remedial measures under CERCLA is not 
necessary at this time.

DATES: This notice of partial deletion will be effective November 21, 
2005, unless EPA receives adverse comments by October 21, 2005. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the notice of partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Comments may be mailed to: Stuart Hill, Community 
Involvement Coordinator, U.S. EPA (P-19J), 77 W. Jackson Blvd., 
Chicago, IL 60604. Electronic comments may be sent to 
[email protected].
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region 5 Record Center, 77 W. Jackson, 
Chicago, Il 60604, (312) 353-5821, Monday through Friday 8 a.m. to 4:00 
p.m.; Mancelona Public Library, 202 W. State Street, Mancelona, MI 
49945, (231) 587-9451. Monday through Friday 8 a.m. to 4 p.m., Tuesday 
and Thursday 6 p.m to 8 p.m.

FOR FURTHER INFORMATION CONTACT: Thomas Bloom, Remedial Project Manager 
at (312) 886-1967, [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 5, 77 W. Jackson, Chicago, IL 
60604.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 5 is publishing this notice of partial deletion of the 
East Tailing Area of the Tar Lake, Superfund Site from the NPL. The 
East Tailing Area of the Tar Lake Site, as described in the Remedial 
Investigation Report for Operable Unit 2, August 7, 2000, consists of 
approximately 40 acres of land east of Peckham Lake.
    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 section 300.425(e)(3) of the NCP, sites 
partially deleted from the NPL remain eligible for remedial actions if 
conditions at the partially deleted site warrant such action.
    This action will be effective November 21, 2005 unless EPA receives 
adverse comments by October 21, 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 partial deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the partial deletion process on 
the basis of the notice of intent to partially delete and the comments 
already received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for partial 
deletion of sites from the NPL. Section III discusses procedures that 
EPA is using for this action. Section IV discusses the East Tailing 
Area of the Tar Lake Superfund Site and demonstrates how it meets the 
partial deletion criteria. Section V discusses EPA's action to 
partially delete the East Tailing Area from the NPL unless adverse 
comments are received during the public comment period.

II. NPL Partial Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be 
partially 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 portion of a site is deleted from the NPL, where 
hazardous substances, pollutants, or contaminants remain at the portion 
of 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 deleted portion of the site be 
conducted at least every five years after the initiation of the 
remedial action at the 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 
the portion deleted from the NPL, the deleted portion of the site may 
be restored to the NPL without application of the hazard ranking 
system.

III. Partial Deletion Procedures

    The following procedures apply to partial deletion of this Site:
    (1) The EPA consulted with the State of Michigan on the partial 
deletion of the East Tailing Area of the Site from the NPL prior to 
developing this notice of partial deletion.
    (2) Michigan concurred with partial deletion of the East Tailing 
Area of the Site from the NPL.
    (3) Concurrently with the publication of this notice of partial 
deletion, a notice of intent to partially 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 partially delete the East Tailing Area of the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion of the East Tailing Area 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 notice of partial deletion before its effective date 
and will prepare a response to comments and continue with a decision on 
the partial deletion based on the notice of intent to partially delete 
and the comments already received.
    Partial deletion of the East Tailing Area of the Site from the NPL 
does not itself create, alter, or revoke any individual's rights or 
obligations. Partial deletion of the East Tailing Area of the 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 partial deletion of a site 
from the NPL does not preclude eligibility for future response actions 
should future conditions warrant such actions.

[[Page 55298]]

IV. Basis for Partial Deletion

    The following information provides EPA's rationale for deleting the 
East Tailing Area of this Site from the NPL:

Site Location

    The Tar Lake Superfund site (the Site) is located in Mancelona 
Township, Antrim County, Michigan. It is a former iron manufacturing 
facility that operated between 1882 and 1945. Response actions at the 
Tar Lake Superfund site have been separated into two operable units. 
The first operable unit (OU1), addressed tar contamination in a 4-acre 
depression of the 200-acre site by removing and transporting 
approximately 47,000 tons of tar to an energy recovery facility. The 
second operable unit (OU2), addressed remaining contamination 
throughout the 200-acre site.

Site History

    Beginning in 1882 and continuing through 1945, the Tar Lake site 
was the location of an iron production facility. The Antrim Iron Works 
Company used the charcoal method to produce iron. In 1910, the Antrim 
Iron Works Company began producing charcoal in sealed retorts from 
which pyroligneous (made by destructive distillation of wood) liquor 
was recovered. A secondary chemical manufacturing process was applied 
to the recovered pyroligneous liquor at the iron works. The 
pyroligneous liquor was further processed into calcium acetate, 
methanol, acetone, creosote oil, and a tarry-like waste residue--
referred to throughout this document as tar. The tar was discharged 
into a 4-acre on-site depression. The secondary chemical process 
generated tar waste until 1944. Tar and water that remained in this 
depression are referred to as Tar Lake. As early as 1949, the 
groundwater coming from the Tar Lake was discovered to be contaminated 
with phenolic compounds. Tar Lake caught fire in 1969 and burned for 
several months before being extinguished by natural action.
    Mount Clemens Metal Products Company owned and periodically used 
the Tar Lake area of the Site for waste disposal from 1957 until 1967. 
Gulf and Western Manufacturing Company, successor to Mount Clemens 
Metal Products Company, owned the property from 1967 to approximately 
1982. In December 1982, Gulf and Western Manufacturing Company 
dissolved due to a merger with Gulf and Western, Inc. In 1985, Gulf and 
Western Inc., sold the property to Fifty-Sixth Century Antrim Iron 
Works Company (56th Century). In April 1989, Gulf and Western Inc., 
merged with Paramount Communications, Inc. Officials of 56th Century, 
at the Tar Lake site are employees of Paramount Communications Realty 
Corporation, a wholly-owned subsidiary of Paramount Communications, 
Inc. In 1994, Viacom International, Inc., acquired Paramount 
Communications, Inc., and 56th Century is currently a subsidiary of 
French Street Management, Inc., a subsidiary of Viacom International, 
Inc. In November 1999, the Community Resource Development (CRD) Inc., a 
non-profit community development organization, purchased approximately 
88 acres of the 200 acre Tar Lake site. Current property owners include 
CRD Inc., Collins Aikman Products, Mancelona Township, and Mr. John 
Apfel.
    The Tar Lake site was placed on the National Priorities List (NPL) 
in September 1983. On April 21, 1986, the U.S. EPA and 56th Century, a 
subsidiary of Viacom International, Inc., signed an Administrative 
Order on Consent (AOC 1986) which required that 56th Century conduct a 
two-phase Remedial Investigation (RI). Phase I was to develop a 
Preliminary Endangerment Assessment (PEA). Phase II was to be a more 
detailed investigation based on the results of the PEA. 56th Century 
installed a fence around the 4-acre Tar Lake and included an additional 
14 acres of the Retort and Chemical Production Area where on-site 
structures and waste piles existed.
    The PEA was submitted in October 1988, and it concluded that the 
contaminants in the groundwater did not pose a threat. EPA found the 
PEA to be deficient because it relied upon data which were inadequately 
and incompletely collected, and its conclusions were not adequately 
supported. EPA did not approve the PEA. In 1989, 56th Century performed 
additional investigative-type work required by EPA. This additional 
work found that there was a connection between the tar and groundwater. 
Groundwater beneath Tar Lake was found to contain over 50 compounds 
that were also found in the tar. It also was discovered that benzene 
and styrene were present in on-site groundwater at levels above the 
Safe Drinking Water Act--Maximum Contaminant Levels (MCLs). EPA 
determined that a source control and groundwater containment Operable 
Unit (OU1) was appropriate for the Site.
    The 1986 AOC was amended in August 1990 to have 56th Century 
conduct a Phased Feasibility Study Report, to address OU1. 56th Century 
submitted an unacceptable Phased Feasibility Study Report which 
utilized a risk assessment based on the unapproved PEA. EPA took over 
the preparation of the Phased Feasibility Study report. EPA completed 
the report in March 1992. A Record of Decision (ROD for OU1) was issued 
in September 1992, selecting consolidation of the tar and contaminated 
soil in on-site Resource Conservation and Recovery Act (RCRA) 
containment cells and interim groundwater treatment. A second Operable 
Unit (OU2) was planned to address final groundwater clean up.
    Pre-design studies were conducted at the Tar Lake site from October 
1993 to June 1994. The pre-design studies yielded data about tar 
management alternatives and media treatability which resulted in a 
reassessment of the selected remedial alternative presented in the 1992 
ROD for OU1. An Explanation of Significant Differences (ESD for OU1) 
was issued in July 1998, which documents modification to the tar 
component of the 1992 ROD for OU1. The ESD for OU1 explained that 
instead of storing the excavated tar on site in RCRA containment cells, 
tar would be transported off site to an end-user or an energy recovery 
facility.
    In July 1998, EPA began a response action which included the 
excavation and transportation of tar from the 4-acre Tar Lake. In July 
1999, EPA completed the removal of 47,043 tons of tar and tar debris, 
backfilled the 4-acre tar lake depression with 1-foot of clean soil, 
and installed a temporary poly-liner in the lower areas of the 4-acre 
tar lake depression. MDEQ took on the responsibility of the management 
of storm water collected in the liner. The tar from Tar Lake was 
transported to two energy recovery facilities. In conjunction with 
EPA's response action, MDEQ installed and began to operate, on an 
intermittent basis, an in-situ biosparge system for on-site groundwater 
treatment. Currently, the in-situ biosparge system is operated 
approximately 8 hours per day, seven days per week. From November 1999 
to June 2002, MDEQ provided bottled water to residents with site-
related iron and manganese concentrations in their off-site groundwater 
wells above State Secondary Drinking Water Standards. Currently, a 
State funded municipal water system has been extended to the affected 
residents.

Remedial Investigation and Feasibility Study (OU2)

    In June 1999, EPA conducted RI fieldwork to address OU2. The RI for 
OU2 investigated residual contamination remaining beneath the 4-

[[Page 55299]]

acre Tar Lake and surface areas potentially impacted by the Antrim Iron 
Works Company's iron manufacturing processes. Historical information 
was researched and the knowledge gained was used to identify several 
production areas and the operational history of the iron manufacturing 
processes that may have produced potential areas of concern.
    Within the 200-acre Tar Lake site, (the Iron Production Area, 
Creosote Area, Nelson Lake, Peckham Lake, East Tailing Area, Tar Lake 
Area, and Retort and Chemical Production Area), surface and subsurface 
soil, sediment, surface water and on-site groundwater samples were 
collected and analyzed for general chemistry, metals, phenolic 
compounds, volatile organic compounds (VOCs) and semi-volatile organic 
compounds (SVOCs).
    Off-site areas of concern investigated were a drainage ditch 
adjacent to the site, off-site groundwater and a seepage area where 
off-site groundwater discharges to Saloon Creek. Samples collected from 
off-site areas were analyzed for general chemistry, metals, phenolic 
compounds, volatile organic compounds (VOCs) and semi-volatile organic 
compounds (SVOCs). Results of the RI for OU2 indicated that 
approximately 45,000 tons of residual tar remained in the ``rind'' 
beneath the 4-acre depression and was the source of on-site groundwater 
contamination.
    During the RI, it was determined that benzene in on-site 
groundwater presented an unacceptable risk because it was above maximum 
contaminant levels, and levels of 2,4-dimethylphenol exceeded the State 
drinking water standards. In addition, tar/creosote waste was 
discovered on the surface in the Creosote Area which also presented an 
unacceptable risk.

Record of Decision for OU2 Findings

    In February 2002, the ROD for OU2 was issued to address these 
unacceptable risks. Components of this selected remedy were:
    a. Removal of on-site foundations and miscellaneous debris impeding 
remedation;
    b. Removal of the poly-liner to enhance infiltration of 
precipitation to flush contaminants to groundwater;
    c. Bioventing of approximately 45,000 tons of rind material;
    d. Installation of a groundwater circulation system for 
approximately 45,000 tons of rind material;
    e. Continued operation of the on-site groundwater biosparge system 
to treat contaminants in the on-site groundwater (costs $48,000 per 
year);
    f. Institutional controls including recording legal notices on 
property deeds to restrict on-site groundwater use;
    g. Long-term monitoring to assess groundwater conditions over time 
($2,000 per event): and
    h. Excavation of approximately 15,000 tons of tar/creosote waste 
from the Creosote Area and transportation to an energy recovery 
facility.
    On page 2 of the Declaration section, and on page 27 of the 
Decision Summary section in the 2002 ROD for OU2, it was explained that 
EPA would evaluate the amount of rind beneath the 4-acre depression and 
determine whether it would be more cost effective to remove the rind 
rather than install the bioventing and groundwater circulation systems. 
Results of predesign data collection, which followed the RI for OU2, 
indicated that there was approximately 21,000 tons of rind in the 4-
acre depression, as compared to the initial estimate of 45,000 tons. In 
addition, the amount of tar/creosote waste found in the Creosote Area 
amounted to only 225 tons, as compared to 15,000 tons. In September 
2004, an Explanation of Significant Differences (ESD for OU2) was 
issued to document a change of two remedial action components from 
bioventing and groundwater circulation of the rind to excavation and 
off-site disposal. The remedial action component to address tar/
creosote waste found in the Creosote Area was changed from excavation 
and transportation to an energy recovery facility to excavation and 
off-site disposal.
    Through groundwater modeling and groundwater sampling conducted 
during the RI for OU2, EPA was confident that if the rind was removed, 
on-site groundwater would decrease to acceptable levels in between one 
to three years. Evaluation of current groundwater monitoring data 
upgradient and downgradient of the biosparge system indicates that the 
biosparge system is operating as designed and is effective. 
Contamination was not found in the East Tailing Area of the Tar Lake 
Site. EPA does not anticipate an adverse impact from this partial 
deletion. The East Tailing Area is upgradient from the contaminated 
rind and EPA has no further concern with groundwater beneath the East 
Tailing Area.

Characterization of Risk

    The Remedial Investigation for OU2 has shown that there is no 
contamination present in the East Tailing Area. Therefore, there is not 
an unacceptable risk in the East Tailing Area. No additional response 
action is required at the East Tailing Area of the Tar Lake Site. The 
current conditions at the East Tailing Area are protective of human 
health and the environment.

Response Action for OU2

    On June 14, 2004, EPA began remedial construction activities. Site 
preparation such as mobilization of equipment, road building, pad 
construction and removal of top soil and overburden continued until 
July 3, 2004. Approximately 4,000 cubic yards of top soil and 8,000 
cubic yards of overburden (non-impacted soil and slag) were excavated 
from the 4-acre depression above the rind.
    On July 7, 2004 and continuing through August 28, 2004, 21,482 tons 
of rind and 225 tons tar/creosote waste from the Creosote Area were 
excavated and disposed of locally at an approved RCRA Subtitle D 
landfill in Federick, Michigan. Removal of on-site foundations and 
miscellaneous debris impeding remediation and removal of the poly-liner 
to enhance infiltration were also completed. Remedial action costs 
associated with these activities were approximately $1,200,000.
    A pre-final inspection was conducted by EPA and MDEQ on September 
20, 2004. Site restoration activities such as backfilling, regrading 
and seeding the 4-acre depression had been properly conducted. 
Decontamination and demobilization of all equipment was completed at 
that time. The work trailers were demobilized the following day, which 
was September 21, 2004. EPA and MDEQ have determined that RA 
construction activities have been performed according to specifications 
and anticipate that removal and off-site disposal of the rind material 
will meet remedial action objectives for the Tar Lake Site.

Cleanup Standards

    The objectives of the remedies were to ensure that by source 
removal, off-site groundwater would decrease over time and within 3 
years, on-site groundwater would decrease to an acceptable level.

Operation and Maintenance

    As part of the remedy requirement for long-term monitoring, EPA and 
MDEQ will conduct three groundwater sampling events per year. In 
addition, MDEQ will continue to operate the on-site biosparge system to 
treat residual contamination in the on-site groundwater.

Five-Year Review

    Because hazardous substances will remain at other portions of the 
Tar Lake

[[Page 55300]]

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 Tar Lake Site is scheduled to be conducted before June 
2009. In the East Tailing Area of the Tar Lake Site, unlimited use and 
unrestricted access is allowed.

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 docket which EPA relied on for 
recommendation of the partial deletion of the East Tailing Area on the 
Tar Lake Site from the NPL are available to the public in the 
information repositories.

V. Partial Deletion Action

    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 at the East 
Tailing Area. Therefore, EPA is deleting the East Tailing Area of the 
Tar Lake Site from the NPL.
    This action will be effective November 21, 2005, unless EPA 
receives adverse comments by October 21, 2005. If adverse comments are 
received within the 30-day public comment period, EPA will publish a 
timely withdrawal of this notice of partial deletion before the 
effective date of the partial deletion and it will not take effect. 
Concurrent with this action, EPA will prepare a response to comments 
and as appropriate continue with the partial deletion process on the 
basis of the notice of intent to partially 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 6, 2005.
Bharat Mathur,
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 removing the entry for ``The East Tailing Area from the Tar Lake 
Site'' and the township ``Mancelona, Michigan.''

Appendix B to Part 300--National Priorities List

                                       Table 1.--General Superfund Section
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                State                          Sitename                 City/county             (Notes) \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MI...................................  Tar Lake................  Antrim..................  P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
a * * *
P=Sites with partial deletion(s).

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[FR Doc. 05-18834 Filed 9-20-05; 8:45 am]
BILLING CODE 6560-50-P