[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37107-37112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16199]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9997-52-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Duell & Gardner Landfill 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Duell & Gardner 
Landfill Superfund Site (Duell & Gardner Site), located in Dalton 
Township, Muskegon 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, is an appendix of 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 Environment, 
Great Lakes and Energy (MDEGLE) because EPA has determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: This direct final deletion is effective September 30, 2019 
unless EPA receives adverse comments by August 30, 2019. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
    https://www.regulations.gov. Follow the on-line instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Email: [email protected].
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental 
Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, 
IL 60604, (312) 886-6036.
    Hand deliver: Superfund Records Center, U.S. Environmental 
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, 
Chicago, IL 60604, (312) 886-0900. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The normal business 
hours are Monday through Friday, 8 a.m. to 4 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 https://www.regulations.gov or email. The https://www.regulations.gov website 
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 https://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

[[Page 37108]]

technical difficulties and cannot contact you for clarification, EPA 
may not be 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 https://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 hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604. 
Phone: (312) 886-0900. Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    Dalton Township Hall, Superfund Site Information Repository, 1616 
East Riley Thompson Road, Muskegon, MI 49445. Phone: (231) 766-3043. 
Hours: Monday through Friday, 8 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, (312) 886-6036, or via email 
at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 5 is publishing this direct final Notice of Deletion of 
the Duell & Gardner Site, from the NPL. The NPL constitutes Appendix B 
of 40 CFR part 300, which is the NCP, which EPA promulgated pursuant to 
Section 105 of CERCLA of 1980, as amended. EPA maintains the NPL as the 
list of sites that appear to present a significant risk to public 
health, welfare, or the environment. Sites on the NPL may be the 
subject of remedial actions financed by the Hazardous Substance 
Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP, 
sites deleted from the NPL remain eligible for Fund-financed remedial 
actions if future conditions warrant such actions.
    Section II of this document 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 Duell & Gardner Site 
and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Duell & Gardner Site from the NPL 
unless adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will 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 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, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. 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 the Duell & Gardner 
Site:
    (1) EPA consulted with the State of Michigan prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the State thirty (30) working days for review 
of this action and the parallel Notice of Intent to Delete prior to 
their publication today, and the State, through the MDEGLE, has 
concurred on the deletion of the Duell & Gardner Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, an announcement of the availability of the parallel Notice 
of Intent to Delete is being published in a major local newspaper, the 
Muskegon Chronical. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Duell & 
Gardner Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Duell & Gardner Site information 
repositories identified in the ADDRESSES Section of this rule.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion in the 
Federal Register before its effective date and will 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.
    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 the 
Duell & Gardner Site from the NPL:

Site Background and History

    The Duell & Gardner Site (CERCLIS ID: MID980504716) is an 80-acre 
parcel of land located at 1285 East Bard Road in Dalton Township, 
Muskegon County, Michigan, approximately five miles north of the City 
of Muskegon, Michigan. See Figure 1 in the Docket. The landfill 
consisted mostly of municipal debris and waste spread out over an 
eight-acre area in the southern half of the property. During the 
cleanup, the waste was consolidated into a four-acre area and covered 
with a landfill cap.
    The Duell & Gardner Site is not fenced; however the entrance road 
to

[[Page 37109]]

the landfill is gated. The landfill is secluded and is posted with 
warning signs and permanent markers around the perimeter indicating 
that the landfill is a hazardous waste site.
    The Duell & Gardner Site is located in a primarily residential and 
agricultural area. Two single family homes and an agricultural field 
are located in the northern half of the Duell & Gardner Site property. 
These residences are supplied with drinking water from two wells that 
are located upgradient of the landfill. These wells are not impacted by 
contaminants from the Duell & Gardner Site. Several residential wells 
are located approximately one-half mile in the general downgradient 
direction of the landfill. Twenty-one private wells located within this 
area were sampled during the investigations and were found not to be 
contaminated by the Duell & Gardner Site.
    The Duell & Gardner Site owners used the property for waste 
disposal activities from the mid-1940s to 1973. From the 1940s until 
1969, the property owner/landfill operator disposed municipal and 
industrial waste in trenches, depressions and on the ground surface of 
approximately eight-acres of the 80-acre property. In 1969, new owners 
began operating the landfill as a licensed solid waste disposal 
facility. From 1969 until 1973, the landfill operators disposed waste, 
including liquid waste, in unlined trenches excavated on the property.
    The Muskegon County Health Department (MCHD) periodically inspected 
the landfill from 1969 through September 1973. In 1971, the Michigan 
Department of Public Health (MDPH) stipulated that liquid waste could 
not be disposed in the landfill. In 1973, MCHD noted that the landfill 
operators were disposing liquid waste in the landfill. The Michigan 
Department of Public Health (MDPH) ordered that the landfill be closed 
in January 1974, after which the landfill ceased accepting waste.
    Initial concern regarding possible groundwater contamination at the 
Duell & Gardner Site arose in 1977 when the MDPH was considering 
approving the construction of a community water supply in the area. In 
1979, the Michigan Department of Natural Resources (MDNR) (subsequently 
known as the Michigan Department of Environmental Quality, or MDEQ, and 
now MDEGLE) collected soil and drum samples from the property. The 
samples indicated that polychlorinated biphenyls (PCBs) were present in 
the soil.
    EPA collected surface water samples from a tributary of Bear Creek 
in 1981. In 1982, EPA installed and sampled four groundwater monitoring 
wells at the Duell & Gardner Site. EPA determined that the groundwater 
below the property was generally flowing to the southeast. EPA did not 
detect any significant concentrations of organic or inorganic compounds 
in these groundwater monitoring wells.
    EPA proposed the Duell & Gardner Site to the NPL on December 30, 
1982 (47 FR 58476). EPA finalized the Duell & Gardner Site NPL listing 
on September 8, 1983 (48 FR 40658).
    In 1984, the MDNR and EPA found and sampled drums in a wooded area 
adjacent to the landfill. The samples showed evidence of organic and 
inorganic contamination. MDNR investigated further and identified 21 
distinct drum and waste disposal areas at the Duell & Gardner Site in 
September 1985. MDNR found approximately 550 drums in various stages of 
deterioration scattered in the woods adjacent to the landfill in groups 
of 9 to 140 drums. MDNR also found hundreds of small laboratory 
bottles, areas of refuse and debris and piles of unidentified sludge-
like material scattered around the base of the landfill.
    EPA conducted a CERCLA removal action at the Duell & Gardner Site 
in 1986. EPA removed 550 drums in various stages of deterioration from 
the Duell & Gardner Site for off-site disposal. EPA also removed some 
of the laboratory bottles, sludge-like material and soil for off-site 
disposal. EPA implemented the CERCLA removal action to prevent 
contaminants from leaching into the groundwater. This action reduced 
the risk of ingesting contaminated groundwater and the risks from 
direct exposure to contaminants through dermal contact and incidental 
ingestion.

Remedial Investigation/Feasibility Study

    MDNR initiated a Remedial Investigation/Feasibility Study (RI/FS) 
at the Duell & Gardner Site in 1986. The purpose of the RI/FS was to 
quantify the residual contamination at the Duell & Gardner Site and to 
identify and evaluate cleanup alternatives. MDNR also conducted a 
Treatability study to identify technologies which might eliminate or 
reduce the toxicity, mobility and/or volume of the contaminants present 
in the soil and groundwater at the landfill. MDNR conducted the RI/FS 
using Federal Superfund funding.
    MNDR completed the RI report, the Treatability Study report and the 
FS report in 1992. The results of the RI indicated that soil was 
contaminated with organic compounds including bis(2-
ethylhexy)phthalate, gentian violet, aniline, and N,N-dimethylaniline. 
PCBs and pesticides (DDT, DDD, and DDE) were also detected in the soil 
at two locations. Gentian violet (a dye and at one time used as a 
topical antiseptic), often referred to as crystal violet, was detected 
at concentrations as high as 188 milligrams per kilogram (mg/Kg). Other 
contaminants detected in soil included pentachlorophenol and 
polynuclear aromatic hydrocarbons including chrysene, 
benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene and benzo(a)anthracene.
    Groundwater sampling indicated that two contaminated groundwater 
plumes were emanating from the Duell & Gardner Site. One plume 
contained chloroform and carbon tetrachloride. The other plume 
contained aniline and N,N-dimethylaniline. The chloroform and carbon 
tetrachloride were only detected in the shallow portion of the aquifer 
(ten to twenty feet below ground surface) while aniline and N,N-
dimethylaniline were found in deeper portions of the aquifer, up to 100 
feet below ground surface. Gentian violet and tetrachloroethylene were 
also detected in the groundwater. The 21 private wells sampled 
downgradient of the landfill were not contaminated.
    MDNR collected surface water and sediment samples from the 
tributary to Bear Creek located east of the Duell & Gardner Site and 
sediment samples from the drainage ditch located south of the property. 
Neither of these drainage systems was contaminated.
    The FS evaluated five cleanup alternatives for soil and four 
cleanup alternatives for groundwater. The cleanup alternatives 
evaluated for soil included: no action; excavation and on-site capping; 
excavation, on-site vitrification and capping; excavation, on-site 
thermal treatment and capping; and excavation, off-site incineration 
and capping. The cleanup alternatives evaluated for groundwater 
included: no action; land use restrictions and monitoring; groundwater 
extraction with ultraviolet oxidation treatment; and groundwater 
extraction with carbon adsorption treatment.

Selected Remedy

    The remedial action objectives (RAOs) for the Duell & Gardner Site 
are to: (1) Prevent direct human exposure to soil having concentrations 
of chemicals of concern resulting in a cumulative excess cancer risk of 
greater than 1 x 10\-4\; (2) Prevent future residents from using 
groundwater containing carbon tetrachloride and N,N-dimethylaniline 
contaminants above drinking water standards as a domestic water supply;

[[Page 37110]]

and (3) Restore groundwater and all soil areas outside of the landfill 
to their beneficial use (residential).
    EPA and MNDR selected a cleanup remedy for the Duell & Gardner Site 
in a September 7, 1993 Record of Decision (ROD). The selected cleanup 
remedy included the following main components: (1) Excavation of 
contaminated soil with on-site low-temperature thermal treatment; (2) 
Contaminated groundwater extraction with on-site carbon adsorption 
treatment; (3) Construction of a clay cap over the landfill area 
meeting the requirements of Michigan Act 641 (a solid waste cap); (4) 
Institutional controls such as deed restrictions to prevent the 
installation of drinking water wells in the affected area of the site 
during remediation; (5) Groundwater monitoring to assess the 
remediation and assure containment of the contaminant plumes; (6) A 
pre-design investigation to further define the limits of the 
contamination.
    The MDEQ (formerly the MDNR and now known as the MDEGLE) conducted 
the pre-design investigation in 1996 and follow-up groundwater sampling 
in 1998. The investigations showed that the extent of soil and 
groundwater contamination was less than previously identified and that 
the size and mass of the groundwater plumes appeared to have stabilized 
or decreased since the RI. In addition, the State of Michigan revised 
its cleanup levels, which resulted in a reduction in the volume of soil 
requiring remediation.
    EPA issued a Proposed Plan requesting public comment on amending 
the soil and groundwater cleanups in 1999. Following public comment, 
MDEQ conducted a study to better understand the groundwater 
contamination at the Duell & Gardner Site. MDEQ's study cast doubt on 
the stability of the groundwater plumes and whether the groundwater 
contaminants would naturally degrade before they migrated beyond the 
Duell & Gardner Site boundary. Due to these concerns and concerns about 
the ability to reliably restrict the use of contaminated groundwater 
downgradient of the landfill, EPA and MDEQ decided that the groundwater 
components of the 1993 ROD should remain unchanged.
    EPA issued the ROD Amendment on June 29, 2001. The amended ROD 
retained the construction of a landfill cap; the groundwater extraction 
and treatment system; and the placement of use restrictions or 
institutional controls (ICs) on parts of the Duell & Gardner Site 
property to prevent the installation of drinking water wells until the 
groundwater cleanup standards (residential) are met. In addition, the 
ROD Amendment required permanent restrictions for the capped area to 
prevent excavation or other unauthorized activities. With respect to 
the soil, the amended ROD eliminated low-temperature thermal desorption 
from the remedy and required excavation and the appropriate disposal of 
contaminated soils. The ROD Amendment also updated the cleanup 
standards for soil and groundwater to current Michigan Part 201 
criteria (see Tables 2A and 2B in the Docket).

Response Actions

    The U.S. Army Corps of Engineers (USACE) conducted the remedial 
design (RD) and remedial action (RA) at the Duell & Gardner Site 
through an interagency agreement with EPA. USACE completed the RD in 
2000. USACE and its contractor, IT Corporation, mobilized to the Duell 
& Gardner Site to start the RA construction in October 2000. USACE and 
IT Corporation completed the landfill cap construction in April 2001.
    During the RA, USACE conducted additional soil characterization 
activities and consolidated the eight-acre landfill waste area into a 
four-acre rectangular landfill area. While performing the Landfill 
Boundary Verification activities, USACE discovered approximately 2,000 
cubic yards of gentian violet-impacted soils within the four-acre 
landfill area. USACE excavated the waste and sampled the material. 
After discussions with EPA and MDEQ, USACE consolidated the excavated 
material into a special waste cell constructed within the landfill cap. 
USACE collected confirmation soil samples from the excavated areas. The 
confirmation samples did not show any regulatory exceedances for 
gentian violet.
    Confirmation soil samples collected from soil excavations in the 
southwestern portion of the eight-acre waste area showed 4-chloro-
methylphenoxy acetic acid (MCPA), a systemic phenoxy herbicide used to 
control annual and perennial weeds, at concentrations above Michigan 
Part 201 Soil Criteria for the Protection of Residential Drinking Water 
at one location. USACE did not remove additional soil from the 
excavations, however, since the bottoms of the excavations were at the 
water table and additional excavation would not reduce the source of 
MCPA contamination in groundwater. As a result, the confirmation 
samples from two grids within this area remain above Michigan's 
residential drinking water protection criteria of 390 micrograms per 
liter ([micro]g/L).
    During hot spot excavation, i.e., the impacted soil in the area of 
soil sample locations SL-A8, SL-SB-11, and SS-31, USACE sampled the 
material and found that it did not meet the definition of hazardous 
waste. Based on the sample results and discussions between EPA, MDEQ 
and USACE, the material was consolidated under the landfill cap. The 
2001 ROD Amendment accounted for this change.
    USACE's and IT Corporation's soil excavation and landfill 
completion activities are documented in the 2001 Landfill Construction 
Report prepared by Shaw, which subsequently acquired IT Corporation.
    USACE completed the construction and start-up of the groundwater 
extraction and treatment system on June 29, 2001. The system consisted 
of four recovery wells, an infiltration gallery, a treatment building 
containing two granular activated carbon units, various pumps, a 3000-
gallon retention tank, conveyance piping, appurtenant devices, and 
automatic shut-down capabilities.
    EPA and MDEQ inspected the construction activities at the Duell & 
Gardner Site on July 11, 2001. EPA and MDEQ inspected the capped 
landfill and the operating groundwater treatment system. EPA determined 
that the landfill cap and the groundwater treatment system met the 
objectives of the interagency agreement. Three deficiency items were 
noted including painting the groundwater treatment building, installing 
a garage door, and installing a lock on the observation well by the 
infiltration gallery. USACE completed those items on August 3, 2001. 
EPA determined that the groundwater treatment system was operational 
and functional on August 10, 2002.
    USACE reconfigured the groundwater treatment system in 2003 to 
provide a higher operating efficiency. The modifications included: New 
granular activated carbon units incorporated into the recovery well 
system; additional bag filters; the chemical treatment of wells to 
reduce well fouling; and replacing the original re-pressurization pump 
to more efficiently convey backwash water into the infiltration 
gallery. In 2005, USACE installed a new higher capacity recovery well 
to capture the groundwater plume more effectively. The 2003 and 2005 
modifications were consistent with the 2001 ROD Amendment.
    EPA installed and sampled three new groundwater monitoring wells in 
2009 in the southeastern corner of the Duell & Gardner Site. EPA 
installed the wells

[[Page 37111]]

to determine whether the contaminant plume was migrating off-site. The 
laboratory results indicated that the groundwater constituents in the 
new monitoring wells did not exceed Michigan Part 201 cleanup 
standards.
    USACE operated the groundwater extraction and treatment system and 
conducted quarterly groundwater monitoring at the Duell & Gardner Site 
until 2010. In 2010, the groundwater monitoring data indicated that 
chemical concentrations in groundwater had decreased to below the 
cleanup standards for two consecutive quarters.
    EPA and MDEQ approved that the system be shut down. USACE shut the 
system down and continued quarterly groundwater monitoring until 2012. 
In 2012, the groundwater data confirmed that the groundwater extraction 
and treatment system could be permanently decommissioned. USACE 
decommissioned the groundwater extraction and treatment system, 
including the majority of monitoring wells and recovery wells, all 
transmission piping, wiring and the infiltration basin in 2012 in 
accordance with the Groundwater Monitoring Plan. The groundwater data 
and completion of the RA activities at the Duell & Gardner Site is 
documented in USACE's 2012 Final Remedial Action Report.
    EPA, MDEQ and USACE conducted a Pre-Final Site Walk and a Post-
Decommissioning Site Walk on July 25, 2012. EPA completed a Final Close 
Out Report documenting the completion of all response actions at the 
Duell & Gardner Site in accordance with EPA's Close Out Procedures for 
National Priorities List Sites (OLEM Directive 9320.2-22, May 2011) on 
November 8, 2012.

Cleanup Levels

    The cleanup levels for soil outside the capped area and groundwater 
in the 1993 ROD were based on Michigan Act 307 Type B Residential 
Cleanup Standards. Michigan later replaced Act 307 with Act 451. 
Michigan Act 451 Part 201 included revised cleanup criteria for soil 
and groundwater. The 2001 ROD Amendment for the Duell & Gardner Site 
updated the cleanup criteria for soil and groundwater to Michigan's 
then-current Part 201 Residential Cleanup criteria. Tables 2A and 2B in 
the Docket are from the 2001 ROD Amendment and show the updated 
Michigan Part 201 Residential Cleanup Criteria for the Duell & Gardner 
Site, compared to the previous Michigan Act 307 Criteria selected in 
the 1993 ROD.
    USACE confirmed that soil outside the capped area met MDEQ Part 201 
Residential Criteria through additional soil characterization, soil 
confirmation sampling and Landfill Boundary Verification during the 
soil RA. USACE conducted the soil verification sampling in accordance 
with the USACE's Chemistry Scope of Work. Except as noted above for the 
two soil samples at the water table that contained MCPA above MDEQ soil 
criteria for residential groundwater protection, no other regulatory 
criteria were exceeded. The specific details of the verification 
sampling are detailed in the 2001 Landfill Construction Report.
    USACE conducted quarterly groundwater monitoring to monitor the 
effectiveness of the groundwater extraction system and chemical 
concentrations in groundwater over time. USACE conducted the monitoring 
in accordance with the EPA and MDEQ-approved Groundwater Monitoring 
Plan. In 2010, after nine years of operation, EPA and MDEQ agreed that 
the groundwater extraction and treatment system could be shut down 
because contaminant concentrations in groundwater were below Part 201 
Residential Drinking Water Criteria for two consecutive quarters. In 
accordance with the Groundwater Monitoring Plan, USACE continued to 
sample the groundwater on a quarterly basis to verify that contaminant 
levels remained below the cleanup standards.
    USACE conducted six additional quarterly groundwater monitoring 
events. In 2012, USACE compared the March 2012 groundwater monitoring 
results to MDEQ Part 201 Residential Drinking Water Criteria and MDEQ 
Part 22 Groundwater Quality Standards. The laboratory results did not 
exceed any of the Part 201 or Part 22 criteria. Based on the data, EPA 
and MDEQ agreed that the groundwater extraction and treatment system 
could be permanently decommissioned. The groundwater monitoring data 
and the completion of the cleanup activities at the Duell & Gardner 
Site are documented in the 2012 Final Remedial Action Report. The 
remaining chemicals of concern in the on-site groundwater are below 
Part 201 Groundwater Cleanup Criteria and will be allowed to naturally 
attenuate.

Operation and Maintenance

    The Duell & Gardner Site officially transferred from the 10-year 
EPA-led long-term remedial action phase of the project to MDEQ-lead 
(now MDEGLE-lead) Operation and Maintenance (O&M) in 2012. The transfer 
included the following requirements: (1) Abide by the prescribed ICs 
and Land Use Controls for Long-Term Stewardship; (2) Implement 
outstanding ICs as required by the ROD, i.e., the installation of 
permanent markers; (3) Maintain site security; (4) Ensure vegetation is 
routinely maintained to prevent damage to the integrity of the landfill 
cap; and (5) Conduct Annual Monitoring Events for the remaining on-site 
monitoring wells.
    MDEGLE conducts the O&M in accordance with the November 5, 2012 
Operations, Maintenance & Monitoring Plan. The existing groundwater 
monitoring well network is comprised of 23 monitoring wells and four 
piezometers. MDEGLE collects groundwater samples annually from the 
wells. The laboratory data is compared to Part 201 groundwater 
protection standards. The monitoring well protective casings are to 
remain closed and locked at all times.
    The property owners of the Duell & Gardner Site recorded a 
restrictive covenant at the Muskegon County Register of Deeds on 
October 30, 2007, Instrument 5260434, Liber 3759, Page 813. The 
covenant prohibits the use of groundwater contaminated with VOCs above 
drinking water standards, prevents disturbance to the landfill cap and 
any other activities that may interfere with the remedy, O&M and other 
measures necessary to ensure the effectiveness and the integrity of the 
remedial action.
    The groundwater restrictions apply to Parcels A (20.96 acres) and B 
(the 4.28 acre landfill parcel) shown on the Duell and Gardner Site 
Survey (see Survey and Figure 2 in the Docket). The landfill cap 
restrictions apply to Parcel B shown in the survey. The restrictions 
prohibiting the groundwater monitoring wells from being disturbed apply 
to the 23 monitoring wells remaining on the Duell & Gardner Site 
property.

Five Year Review

    EPA conducted statutory five year reviews (FYRs) of the Duell & 
Gardner Site in 2005, 2010 and 2015. The purpose of the FYRs is to 
determine whether the remedy at a site remains protective of human 
health and the environment. The Duell & Gardner Site requires statutory 
FYRs because hazardous substances remain at the Duell & Gardner Site 
above levels that allow for unrestricted use and unlimited exposure. 
The review methods, findings, and conclusions are documented in the FYR 
reports. In addition, the FYR reports identify issues found during the 
review, if any, and recommendations to address them.
    EPA's most recent FYR of the Duell & Gardner Site, in March 2015, 
determined that the remedy at the Duell & Gardner Site is protective of 
human health and the environment. Impacted

[[Page 37112]]

soils have been removed; wastes have been consolidated into a four-acre 
landfill and covered with an impermeable cover; groundwater is 
currently meeting Michigan Part 201 and Part 22 water standards and no 
longer needs treatment; and ICs to restrict current and future use of 
the contaminated areas and to ensure long-term stewardship have been 
implemented. ICs in the form of an environmental covenant are in place 
for the Duell & Gardner Site. The IC Plan also ensures Long-Term 
Stewardship because it establishes a process to ensure that ICs are in 
place, maintained, and effective.
    The FYR did not identify any issues or recommendations that would 
affect the current or future protectiveness of the remedy at the Duell 
& Gardner Site. The next FYR will be completed on or before March 2, 
2020.

Community Involvement

    EPA and the State satisfied public participation activities as 
required in CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617. 
MDEQ (formerly the MDNR and currently known as the MDEGLE) prepared a 
Community Relations Plan at the start of the RI/FS and established 
information repositories for site-related reports and documents at 
MDEQ's offices and at Dalton Township's offices. MDEQ also held three 
public meetings concerning the Duell & Gardner Site and issued a series 
of eight progress reports to the public.
    MDEQ and EPA published announcements about their proposed action 
plan and proposed remedy amendment for the Duell & Gardner Site, 30-day 
public comment periods, and the availability of public meetings, in the 
Muskegon Chronical in 1993 and 1999. The agencies responded to 
significant comments received on the proposed plan and proposed ROD 
Amendment in Responsiveness Summaries attached to the 1993 ROD and the 
2001 ROD Amendment.
    MDEQ and EPA published notifications in the Muskegon Chronical 
announcing the start of each of the three FYRs conducted in 2005, 2010 
and 2015 inviting the public to comment and express their concerns 
about the Duell & Gardner Site. The agencies did not receive any public 
comments.
    EPA arranged to publish an advertisement announcing the publication 
of this rule and the 30-day public comment period in the Muskegon 
Chronical prior to its publication in the Federal Register. Documents 
in the deletion docket which EPA relied on to support the deletion of 
the Duell & Gardner Site from the NPL are available to the public in 
the Duell & Gardner Site information repositories and at http://www.regulations.gov.

Determination That the Site Meets the Criteria for Deletion In the NCP

    The November 8, 2012, Final Close Out Report documents that EPA and 
MDEGLE have successfully implemented all appropriate response actions 
at the Duell & Gardner Site in accordance with the 1993 ROD, the 2001 
ROD Amendment and Close Out Procedures for National Priorities List 
Sites (OLEM Directive 9320.2-22, May 2011).
    The cleanup actions specified in 1993 ROD and the 2001 ROD 
Amendment for the Duell & Gardner Site have been implemented and the 
Duell & Gardner Site meets acceptable risk levels for all media and 
exposure pathways. The ongoing IC and long-term stewardship actions 
required at the Duell & Gardner Site are consistent with EPA policy and 
guidance.
    Contaminated drums and other materials were removed from the Duell 
& Gardner Site under a CERCLA removal action, and residual materials 
were excavated and consolidated with materials under a low-permeability 
landfill cap. Groundwater sampling results confirm that the Duell & 
Gardner Site does not pose any threat to human health or the 
environment. Therefore, the EPA has determined that no further 
Superfund response is necessary at the Duell & Gardner Site to protect 
human health and the environment.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of Michigan, has determined that all 
required response actions have been implemented at the Duell & Gardner 
Site and that no further response action is appropriate.

V. Deletion Action

    EPA, with concurrence of the State of Michigan through the MDEGLE, 
has determined that all appropriate response actions under CERCLA, 
other than operation and maintenance, monitoring and five-year reviews 
have been completed. Therefore, EPA is deleting the Duell & Gardner 
Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 30, 2019 unless EPA receives adverse comments by 
August 30, 2019. 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 its effective date and the 
deletion will not take effect. EPA will 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.

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: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9675; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; 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 to Part 300--[Amended]


0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
``MI'', ``Duell & Gardner Landfill'', ``Dalton Township''.
[FR Doc. 2019-16199 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P