[Federal Register: May 2, 2005 (Volume 70, Number 83)]
[Rules and Regulations]
[Page 22606-22610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my05-10]
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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, Prendiville.Timothy@EPA.Gov or
Gladys Beard, State NPL Deletion Process Manager at (312) 886-7253,
Beard.Gladys@EPA.Gov, 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, Prendiville.Timothy@EPA.Gov or Gladys Beard,
State NPL Deletion Process Manager at (312) 886-7253,
Beard.Gladys@EPA.Gov 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]
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