[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Proposed Rules]
[Pages 70105-70106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29070]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9488-6]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List: Partial Deletion of the Tar Lake Superfund 
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing 
a Notice of intent of Partial Deletion of the following two parcels of 
the Tar Lake Site Superfund (Site) located in Mancelona, Michigan from 
the National Priorities List (NPL): the non-East Tailings Area (ETA) 
part of property PIN 05-11-129-006-00 (41.4 acres); and the non-ETA 
part of property PIN 05-11-129-007-00 (33.63 acres) and requests public 
comments on this proposed action. The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
EPA and the State of Michigan, through the Michigan Department of 
Environmental Quality, have determined that all appropriate response 
actions at these two parcels under CERCLA have been completed. However, 
this deletion does not preclude future actions under Superfund.
    This partial deletion pertains only to the two property PINs listed 
above. The deletion of these two parcels from the Site affects all 
surface soils, subsurface soils, structures and groundwater within the 
boundaries of these parcels. In 2005, the ETA, approximately 45.49 
acres, in the northeastern part of the Site, was deleted from the NPL 
when EPA determined that the ETA was acceptable for unrestricted use 
and unlimited exposure (UU/UE). The two parcels being proposed for 
deletion are adjacent to and south of the ETA. The current remaining 
areas of the Site will remain on the NPL and are not being considered 
for deletion as part of this action.

DATES: Comments must be received by December 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov: Follow on-line instructions 
for submitting comments.
     Email: Karen Cibulskis, Remedial Project Manager, at 
[email protected] or Megan McSeveney, Community Involvement 
Coordinator, at [email protected].
     Fax: Gladys Beard, Deletion Process Manager, at (312) 697-
2077.
     Mail: Karen Cibulskis, Remedial Project Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 886-1843, or Megan McSeveney, Community 
Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J), 
77 West Jackson Boulevard, Chicago, IL 60604, (312) 886-1972 or (800) 
621-8431.
     Hand delivery: Megan McSeveney, Community Involvement 
Coordinator, U.S. Environmental Protection Agency, Region 5 (SI-7J), 77 
West Jackson Boulevard, Chicago, IL 60604. Such deliveries are only 
accepted during the docket's normal hours of operations, and special 
arrangements should be made for deliveries of boxed information. The 
normal business hours are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 70106]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.

Docket

    All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy at: U.S. 
Environmental Protection Agency--Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604.

    Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.
    Mancelona Public Library, 202 West State Street, Mancelona, MI 
49659, (231) 587-9451.
    Hours: Monday through Thursday, 9 a.m. to 8 p.m.; Friday 12 p.m. to 
6 p.m.; and Saturday 9 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Karen Cibulskis, Remedial Project 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson 
Blvd.; Chicago, IL 60604, (312) 886-1843, [email protected].

SUPPLEMENTARY INFORMATION: 
    In the ``Rules and Regulations'' section of today's Federal 
Register, we are publishing a direct final notice of Partial Deletion 
of two parcels of the Tar Lake Superfund Site from the NPL, the non-ETA 
part of PIN 05-129-006-00 (41.4 acres) and the non-ETA part of PIN 05-
11-129-007-00 (33.63 acres), without prior notice of intent to delete 
because we view this as a noncontroversial revision and anticipate no 
adverse comments. We have explained our reasons for these partial 
deletions in the preamble to the direct final notice of Partial 
Deletion, and those reasons are incorporated herein. If we receive no 
adverse comments on this partial deletion action, we will not take 
further action on this Notice of Intent To Delete for these two 
parcels. If we receive adverse comments, we will withdraw the direct 
final Notice of Partial Deletion of these parcels, and it will not take 
effect. We will, as appropriate, address all public comments in a 
subsequent final Notice of Partial Deletion regarding these parcels, 
based on this Notice of Intent To Delete. We will not institute a 
second comment period on this Notice of Intent To Delete. Any parties 
interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Partial 
Deletion regarding these parcels which is located in the Rules and 
Regulations section of this Federal Register.

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.

    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.

     Dated: October 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-29070 Filed 11-9-11; 8:45 am]
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