[Federal Register: January 19, 2007 (Volume 72, Number 12)]
[Rules and Regulations]
[Page 2454-2458]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja07-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-8271-2]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final notice of deletion of the Avenue E Groundwater
Contamination 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 Avenue E
Groundwater Contamination Superfund Site (Site), located in
[[Page 2455]]
Traverse City, 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 (MDEQ), 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 March 20,
2007 unless EPA receives adverse comments by February 20, 2007. 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: beard.gladys@epa.gov.
Fax: Gladys Beard at (312) 886-4071.
Mail: Dave Novak, Community Involvement Coordinator, U.S.
EPA (P-19J), 77 W. Jackson, Chicago, Il 60604, 312-886-0269 or 1-800-
621-8431.
Hand Delivery: Dave Novak, Community Involvement
Coordinator, (P-19J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office official hours of business 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-
1986-0005. 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 e-mail. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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 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. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
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 hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Superfund Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Gladys Beard, State NPL Deletion Process
Manager at (312) 886-7253, before visiting the Region 5 office.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at: EPA Region V Record Center, 77 W. Jackson,
Chicago, Il 60604, (312) 353-5821, Monday through Friday 8:30 a.m. to
4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Linda Martin, Remedial Project Manager
at (312) 886-3854, Martin.Lindab@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 Avenue E Groundwater Contamination 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 section 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 March 20, 2007 unless
EPA receives adverse comments by February 20, 2007 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 Avenue E Groundwater
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;
[[Page 2456]]
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 the State of 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 remedy at the Avenue E Site was found to be protective of human
health and the environment. This determination was documented in the
five year review conducted in 2005. All groundwater contaminants
associated with the Coast Guard facility have reached the clean up
standards specified in the 1987 agreement between the Coast Guard and
the State of Michigan. All active remediation has been completed and no
further actions are required for this Site. The following sections
outline additional information reviewed as part of an NPL deletion
determination.
Site Location
The Avenue E Groundwater Contamination Superfund Site was a
groundwater contamination plume located in East Bay Township in
Traverse County, Traverse City, Michigan. The source of the
contamination was located on the U.S. Coast Guard (USCG) Air Station.
The plume was located west of the intersection of Parsons Road and Aero
Park Drive. It was traced to the northwest corner of an industrial park
back lot located southwest of Nish-Nah-Bee Industries. The plume
eventually extended to the East Arm of the Grand Traverse Bay.
Site History
In 1980, residents of Avenue E in East Bay Township complained of
odors and foaming in their well water. Subsequent investigation by the
Michigan Department of Public Health (MDPH) and the Michigan Department
of Natural Resources (MDNR) revealed the existence of a plume of
contamination in the underlying aquifer. The plume consisted primarily
of hydrocarbons found in petroleum distillates, including benzene and
toluene, and some solvents.
Removal Actions Performed
On June 10, 1982, members of the USCG District 9 air station met
with Region V removal staff to discuss the possibilities and procedures
for receiving CERCLA funds to pay for the connection of the homes
within the Avenue E area of concern to the existing public water supply
system while the USCG conducted a hydrogeologic investigation to
further determine the source of contamination identified by MDNR and
MDPH. According to the On Scene Coordinator's (OSC) report, the USCG
could not pay for such connections without knowing their extent of
responsibility. The Coast Guard agreed to enter into a Memorandum of
Understanding (MOU) with USEPA assuring to reimburse the Agency for all
costs incurred for the connections should the USCG be found to be the
responsible party. USEPA then proceeded with the removal action and all
home connections to the existing public water supply were completed on
December 12, 1982. A total of 59 homes received city water with nine
home owners declining to receive full hookups. A total of 67 homes
received some level of service from this action. The total cost
reimbursed by the USCG to USEPA was $137,540. Although not all
residents received full hookups to the public water supply system, the
plume associated with the Coast Guard property no longer exists and
therefore would indicate that no risk currently exists to those not
fully connected to the public water supply from the contamination
associated with the Coast Guard property.
Remedial Investigation and Feasibility Study (RI/FS)
Groundwater
The first investigation of the site was conducted by the MDNR in
1982. The State Agency's study objectives were to locate and delineate
the contaminant plume, identify and determine the distribution of its
component parts and locate the probable source area of the plume. The
MDNR drilled 24 wells and two auger holes along Parsons Road and around
the lots of Jacklyn Steel and Nish-Nah-Bee Industries.
As a result of this investigation, the MDNR determined that the
USCG Air Station property was part of the suspected source area. The
USCG contracted with the United States Geological Service (USGS) in
July 1982 to undertake a study of the area's hydrogeologic conditions.
Objectives of this study were:
(1) To determine the rate and direction of groundwater flow;
(2) locate the source or sources of contaminants;
[[Page 2457]]
(3) determine the extent and distribution of contaminants;
(4) evaluate hydrologically suitable locations for installing purge
wells should that be necessary.
The USCG installed a total of 138 wells on the Coast Guard
property, up and down gradient of the base in and around the industrial
areas and residential area. Five wells were installed to conduct a pump
test for determining aquifer characteristics.
At the request of the USCG, a team from the University of Michigan
conducted a study of the site from February through August 1984.
Building on the data and results given in the USCG report, the study
was to be complementary to the USCG effort. By providing data and
analysis on the time variation of contaminants, the effect of soil
adsorptive characteristics on contaminant distribution and movement,
and the potential risk posed by the contamination to public health,
probable contaminant sources could be determined and remedial action
alternatives developed.
A total of 24 wells including 15 existing and nine new wells were
selected for analysis based on previous information. These wells were
sampled six times at 21-day intervals. Statistical analysis was
performed on the data and various data plots were generated. This
information was used to provide supporting information for developing
response alternatives. A preliminary risk assessment was made for the
various chemical components found in the plume. A contaminant transport
computer model was used to help determine the possible origin of the
plume and the effectiveness of various purge well combinations.
Finally, several cleanup alternatives were identified and discussed.
Following the 1982 removal action, the Coast Guard also contracted
and supervised additional groundwater investigations complementing
those conducted earlier by the MDNR to aid in the planning of a long
term response. Results of these investigations concluded the following:
A plume of contamination was found stretching from near
the Hanger/Administration (HA) building on the Coast Guard Property to
East Bay. It was approximately 4300 feet long and from 180 to 400 feet
wide. Hydrocarbon spectra of the contamination were consistent with
that of 115/145 aviation gasoline. Major components were benzene,
toluene and xylene with a maximum concentration of 3640 [mu]g/l, 553000
[mu]g/l and 5410 [mu]g/l, respectively.
An additional contaminant plume was discovered on the
Coast Guard property with parent origin near the Coast Guard's fueling
station. Around the fueling station several inches of pure JP-4 jet
fuel product were found floating on the water table.
A third contaminant plume was found along the Coast
Guard's south fence line up-gradient from the fuel farm area. Possible
origins include a 1979 Republic Airlines jet fuel spill and various
underground storage tanks in the area that had since been removed.
The contaminants were located in a sandy aquifer of high
permeability. Groundwater flow is to the northeast with a velocity of
approximately five feet per day.
A probable source of the original plume was a fuel spill
in 1969 at the Coast Guard base in which about 2500 gallons of aviation
gasoline leaked into the ground at a fuel station located under the
northwest corner of the new HA building. The second plume may have
originated from leaking JP4 fuel tanks at the current fuel station.
To mitigate adverse effects discovered during the investigation,
interim responses were implemented. In addition to providing city water
connections to affected residents in the Avenue E area, the USCG also
installed and operated interdiction and purge systems with treatment
capability to prevent additional offsite contaminant migration and
removed and/or repaired tanks at the Coast Guard fueling station. In
addition to the investigation of groundwater, the USGS and the
University of Michigan (UM) reported numerous measurements of organics
in the soils at the Coast Guard Air Station. The UM study found maximum
concentrations of 25.4 [mu]g/g benzene, 27.6 [mu]g/g toluene, and 229
[mu]g/g xylene. Analyses were made for seven other hydrocarbons with
negative results. Soil borings indicate that much of the organic
material was adsorbed on the soil in a 6'' to 12'' thick layer in the
capillary zone immediately above the water table. The UM suggested that
this zone was slowly leaking organic contaminants into the groundwater
over time and was serving as a source for the plume.
Record of Decision Findings
There was no Record of Decision (ROD) for this site. In 1987, an
agreement between the State of Michigan and the USCG was negotiated.
USCG agreed to pay the cost of implementing the cleanup of
contamination emanating from the USCG air station. All clean up
activities associated with the Ave E site were conducted as part of
this Settlement agreement.
Characterization of Remaining Risk
The municipal water supply system serving the East Bay township
residences and business currently meets federal and state drinking
water standards and is safe for human consumption. The source of the
township's municipal water system is groundwater wells located in East
Bay Township and monitored every three years. The wells used to supply
water to East Bay Township are quite a distance up-gradient of the
Coast Guard Facility, and the monitoring frequency for these wells is
adequate.
Currently, soil vapor intrusion is not considered a possible
problem at the Site. Down gradient monitoring wells placed along Avenue
E in the residential area where the plume was traced, have found no
detectable levels of contaminants of concern associated with the USCG
plume.
Response Actions
In 1987, an agreement between the State of Michigan and the USCG
was negotiated. USCG agreed to pay the cost of implementing the cleanup
of contamination emanating from the site. The cleanup involved
extraction and treatment of contaminated groundwater. Some of the other
remedial actions included enhanced biodegradation using hydrogen
peroxide and nitrates to reduce plume contaminates. The USCG also
implemented groundwater sparging with vapor extraction, venting with
vapor extraction, soil venting, natural attenuation and surfactant
injection and extraction. All of these additional remedial measures
helped to reduce the contaminant source in the soil and speed treatment
of the groundwater through the pump and treatment system. The
contaminated groundwater was treated by activated carbon prior to
discharge to the Traverse City Sewer system. By 1996, the contaminant
levels rarely exceeded the cleanup criteria stipulated in the 1987
settlement agreement. In 1999, the wells remained clean.
A Preliminary Closeout Report (PCOR) was completed by U.S. EPA in
September 2000. The purpose of the PCOR was to document that all
construction activity had been completed at the Site.
Institutional Controls
There were no provisions for institutional controls in any of the
agreements associated with the clean up and monitoring of this site as
the groundwater was to be remediated to unrestricted use.
[[Page 2458]]
Cleanup Standards
The cleanup standards in the 1987 Settlement Agreement were
designed to meet the contaminant levels for benzene,
tetrachloroethylene and trichloroethylene as required by the State of
Michigan (MDNR), based on acceptable standards in place at the time the
Settlement Agreement was issued. This was an agreement between the MDNR
and USCG. If these standards were not met, then additional measures
would be taken. This Site is being deleted because the remedial
response met all cleanup standards outlined in the 1987 Settlement
Agreement.
Operation and Maintenance
USCG has completed monitoring groundwater at the site in accordance
with the Settlement Agreement between the State of Michigan and the
USCG filed on June 1, 1987. Per the Settlement Agreement with the State
of Michigan, the USCG operated two interdiction fields (pump and
treatment systems). There was one at the North of the base and one at
the South of the base. They consisted of wells IN2, IN3, IN4, IN5, and
IN6 in the North field (avgas plume) and PP5, PP7, and PP8 in the South
Field (JP-4 field). Each interdiction point had point of compliance
wells along the USCG property boundary. The North field point of
compliance wells were M56, M1, M4, M3, and M55. The South field point
of compliance wells were M22, M61, M62, and M64. There were a number of
other wells installed over the course of the project for various
reasons. In 2000, with consent of MDEQ, the USCG removed wells PP5,
PP6, PP7 and PP8. In 2001, with the consent of MDEQ, wells IN2, IN3,
IN4, IN5 and IN6 were removed along with the associated piping,
manifolds, carbon treatment units, and discharge lines for both the
North and South interdiction fields. The remaining monitoring wells
will be removed after the 10 year post closure period. The post closure
period started in October 2005.
Five-Year Review
EPA conducted a five-year review of the Site in 2005. In the
review, EPA concluded that all remedial actions are complete and
monitoring indicates that all clean up goals have been reached in
connection with the 1987 Settlement Agreement. Therefore, no future
five-year review, are required for this Site.
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, and in http://www.regulations.gov
.
V. Deletion Action
The EPA, with concurrence of the State of Michigan, 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 March 20, 2007 unless EPA receives adverse comments by
February 20, 2007. 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 record keeping requirements, Superfund, Water
pollution control, Water supply.
Dated:January 9, 2007.
Mary A. Gade,
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 ``MI'' by
removing the entry for ``Avenue E Groundwater Contamination'' and the
city ``Traverse City.''
[FR Doc. E7-694 Filed 1-18-07; 8:45 am]
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