[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20546-20550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8879]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9291-6]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List: Deletion of the Spiegelberg Landfill
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the Spiegelberg
Landfill Superfund Site (Site), located in Green Oak Township, 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 to 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. However, this deletion does not preclude future actions
under Superfund.
DATES: This direct final deletion is effective June 13, 2011 unless EPA
receives adverse comments by May 13, 2011. 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:
http://www.regulations.gov: Follow on-line instructions
for submitting comments.
E-mail: Howard Caine, Remedial Project Manager, at
[email protected] or Cheryl Allen, Community Involvement
Coordinator, at [email protected].
Fax: Gladys Beard, Deletion Process Manager, at (312) 697-
2077.
Mail: Howard Caine, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 W. Jackson Boulevard,
Chicago, IL 60604, (312) 353-9685; or Cheryl Allen, Community
Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J),
77 W. Jackson Boulevard, Chicago, IL 60604, (312) 353-6196 or (800)
621-8431.
Hand delivery: Cheryl Allen, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. 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, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or 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
[[Page 20547]]
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.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in the hard copy. Publicly available docket materials are available
either electronically at http://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency-Region 5, 77 W.
Jackson Boulevard, Chicago, IL 60604. Hours: Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Hamburg Township Library, 10411 Merrill Road, P.O. Box
247, Hamburg, MI 48139, Phone: (810) 231-1771. Hours: Monday through
Thursday, 9 a.m. to 8 p.m.; Friday 12 p.m. to 6 p.m. and Saturday 9
a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Howard Caine, Remedial Project
Manager, U.S. Environmental Protection Agency (SR-6J), 77 W. Jackson
Boulevard, Chicago, IL 60604, (312) 353-9685, [email protected].
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 5 is publishing this direct final Notice of Deletion of
the Spiegelberg Landfill Superfund Site from the NPL. The NPL
constitutes Appendix B of 40 CFR part 300, which is the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (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 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.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective June 13, 2011 unless EPA
receives adverse comments by May 13, 2011. Along with this direct final
Notice of Deletion, EPA is co-publishing a Notice of Intent to Delete
in the ``Proposed Rules'' section of the Federal Register. If adverse
comments are received within the 30-day public comment period on this
deletion action, EPA will publish a timely withdrawal of this direct
final Notice of 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 Spiegelberg Landfill
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
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.
III. Deletion Procedures
The following procedures apply to deletion of the 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 30 working days for review of this
notice and the parallel Notice of Intent To Delete prior to their
publication today, and the State, through the MDEQ, has concurred on
the deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent To Delete is being published in a major local newspaper, the
Livingston Daily News. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent To Delete the 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 Site information repositories identified
above.
(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 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
Site Background and History
The privately owned Spiegelberg property consists of approximately
115 acres and is located on Spicer Road about 40 miles west of Detroit
and 5 miles south of Brighton, in Green Oak Township, Livingston
County, Michigan. A rental home and barn are located on the northwest
corner of the property. Gravel mining at this property
[[Page 20548]]
predated 1940, and continues through the present time. The property is
surrounded by woods, open fields, and rural residences.
A paint sludge disposal area covered a section of about one-half
acre in the northern third of the property at the base of a sand and
gravel quarry. Resulting soil and groundwater contamination became the
Spiegelberg Landfill Superfund Site (EPA ID: MID980794481). While the
entire Spiegelberg property is 115 acres, the Spiegelberg Landfill
Superfund site is approximately 2\1/2\ acres (including the extent of
the groundwater contamination under the \1/2\-acre paint sludge
disposal area) and is a subset of the Spiegelberg property. A map of
the Spiegelberg Landfill site is located in the deletion docket.
The site was proposed to the NPL on December 30, 1982 (47 FR 58476)
and was finalized on the NPL on September 8, 1983 (48 FR 40658). There
is potential for redevelopment at this site, but any redevelopment on
the site would be subject to ensuring that there is no interfering with
the current remedy at the adjacent Rasmussen's Dump Superfund Site.
Remedial Investigation and Feasibility Study (RI/FS)
The Remedial Investigation (RI) was initiated in May 1984. Sampling
and analysis of subsurface soils in the paint sludge area indicated the
presence of high concentrations of organic and inorganic compounds from
the Hazardous Substances List (HSL) also known as the contaminants of
concern (COCs). The HSL chemicals included acetone, 2-butanone,
benzene, toluene, xylenes, 1,1,1,-trichloroethane, 1,1-dichloroethane,
4-methyl-2-pentanone, ethybenzene, chlorobenzene, bis(2-
ethylhexyl)phthalate, di-N-octyl phthalate, di-N-buty phthalate,
chloroethane, 2-hexanone, cadmium, nickel, and lead. The detection of
organic constituents in downgradient monitoring wells and the mobility
characteristics of the compounds found in the paint sludge area
indicated transport via groundwater was a major potential pathway at
the site. The results indicated the need for a remedial action which
addresses source control of the paint sludge and contaminated soils
contained in the paint sludge disposal area on the site, in order to
reduce or eliminate exposure of potential receptors to site
contaminants. Additional field work was conducted to address the
groundwater portion of this investigation. In September 1988, the
Michigan Department of Natural Resources (MDNR) and EPA issued a
Remedial Investigation Report and Risk Assessment for both the
Spiegelberg and Rasmussen's Dump Superfund sites due to their proximity
to one another. During the investigation, the areas of concern
identified for the Spiegelberg site were: (1) Operable Unit 1 (OU1)--
The Paint Sludge Disposal Area and associated contaminated soils, and
(2) Operable Unit 2 (OU2)--The Groundwater Contamination Plume
resulting from the Paint Sludge Disposal Area. The groundwater
contamination plume originated from the contaminated soils and waste
materials in the paint sludge disposal area.
The contaminated groundwater plume was defined as an area of
contamination approximately 500 feet by 200 feet flowing in a north/
northwesterly direction from the paint sludge area. It was estimated
that 3.77 million cubic feet of contaminated groundwater existed
beneath the site. Upper and lower aquifers are present and are
separated by a discontinuous clay layer. Contaminants had migrated from
the upper aquifer to the lower aquifer. Groundwater flow rate was
calculated as 266 feet per year in the upper aquifer and 131 feet per
year in the lower aquifer.
The Feasibility Study evaluated remedial alternatives for
addressing site contamination. The primary threat from the paint sludge
disposal area to public health was by ingestion of contaminated
groundwater. There was a potential for continued migration of
contamination downward into residential drinking water wells.
Selected Remedy
1986 Record of Decision (ROD) Findings
The remedy chosen in the September 30, 1986 ROD was to address the
OU1--Paint Sludge Area source material. The recommended and selected
remedial action for source materials was excavation, offsite
incineration, and landfill disposal. The remedial action objective
(RAO) of the action was to remove the source of continued contaminant
migration from the site. This alternative included excavation of 15,000
cubic yards of waste material and separating it into liquid sludges,
paint residue with garbage intermixed, and solid paint sludges. At the
time of the FS, it was estimated there were about 5,000 cubic yards of
the combined material to be incinerated and 10,000 cubic yards of solid
paint sludge to be landfilled in a RCRA licensed landfill. The material
was transported to the incineration site and the landfill site by
truck.
1990 ROD Findings
The remedy chosen in the June 29, 1990 ROD to address the OU2
groundwater contamination included groundwater extraction followed by
on-site treatment with re-injection of treated groundwater. The RAOs of
the groundwater remedy were to eliminate the potential for human
exposure to remaining hazardous substances, which may occur due to
ingestion of contaminated site groundwater and to address all potential
risks to human health and/or impacts to the environment. The area of
attainment, as defined in the ROD, extends throughout the plume in the
upper and lower aquifers in the area underlying and surrounding the
Spiegelberg site.
The major components of the treatment included the following:
removal of inorganic contaminants by chemical precipitation followed by
pH adjustment; removal of the bulk of the organic contaminants,
including ketones, by a biological treatment system; and removal of
residual organic contaminants via granular activated carbon. Treated
groundwater was discharged via injection wells. Deed restrictions and/
or other institutional controls to prevent unacceptable exposure and to
ensure the integrity of the remedy were also required.
1991 and 1998 ESD Findings
An explanation significant differences (ESD) issued in 1991 changed
the OU2 ROD cleanup standards for toluene and xylene to 800 ppb and 300
ppb respectively. A subsequent ESD was signed on October 22, 1998 which
changed the remedy to intermittent pumping and semi-annual sampling
events based on monitoring results which showed only trace
contamination was present in the groundwater plume. The second ESD
changed the sampling schedule from quarterly to semi-annual sampling in
the Operational and Monitoring Plan.
Response Actions
EPA issued a July 8, 1991 Unilateral Order (UAO) to the Potentially
Responsible Parties (PRPs) to conduct the Remedial Design/Remedial
Action. An amendment to the Unilateral Order was issued by EPA on
August 28, 1991. The UAO Amendment modified the ``Parties Bound'' which
required that the UAO be recorded with each parcel of land, modified
the definition of ``Facility'' and modified the Quality Assurance
requirements.
The remedial activities designed and eventually implemented by the
PRPs included:
[[Page 20549]]
Procurement and implementation of the institutional
controls in 1991 for the purpose of preventing interference with the
performance of the remedial action. In general, this includes no use
that could cause exposure of humans or animals to contaminated
groundwater: no use of the real estate that will interfere with the
remedial action; and, no residential or commercial use of that part of
the real estate that would allow continued presence of humans;
Implementation of a Remedial Design (RD) Data Collection
Program confirming the hydrogeologic site characterization and chemical
characterization of groundwater, and conducting field tests and
treatability studies. The results of the RD Data Collection Program
supplemented the existing site data and were used to design the
treatment system and extraction/injection well networks;
Construction of a groundwater extraction system to capture
and extract groundwater for treatment from the affected groundwater
zones;
Construction of a groundwater treatment plant to treat the
extracted groundwater prior to reinjection;
Construction of a groundwater injection system to
discharge the treated groundwater. The injection system provided for a
``closed loop'' system and enhanced movement of the affected
groundwater towards the extraction wells;
Construction of fencing to secure the constructed
treatment plant;
Implementation of all operation, maintenance, and
monitoring activities for the constructed remedial action activities
including, but not limited to, operation and maintenance of the
groundwater treatment plant and monitoring the progress of groundwater
remediation; and
Implementation of a residential well monitoring program.
The PRPs were also required to prepare and submit: Design Plans and
Specifications; Operation and Maintenance Plan; Project Schedule;
Construction Quality Assurance Plan; Construction Health and Safety
Plan, Design Phases; and a Community Relations Support Program.
Paint Sludge Disposal Area (OU1)
The remedy for source control commenced on August 10, 1989. The
remedy was implemented by the Ford Motor Company pursuant to the
December 1988 Consent Decree. The paint sludge was excavated to the
surveyed groundwater level and to the visual lateral extent of the
waste. Clean soil from the cutback around the periphery of the paint
sludge pit was placed on the soil storage cell and used for backfill at
the completion of the source control activities. From August 14, 1989
to September 20, 1989 a total of 817 loads of paint sludge and debris
totaling 19,300 tons were transported and disposed of at Wayne
Disposal, an off-site RCRA Subtitle C landfill. From September 20, 1989
to October 23 1989 a total of 1,217 loads of subsoil totaling 29,600
tons were transported and disposed of at Wayne Disposal. From October
24, 1989 to November 15, 1989 a total of 425 loads of subsoil totaling
9,600 tons were transported and disposed of at CID Landfill located in
Chicago, Illinois. Thirty-three drums of liquid wastes were disposed at
Chemical Waste Management located in Chicago, Illinois, an off-site
incinerator. Four gas cylinders were disposed at AQUA-TECH Laboratories
in Texas.
Project closeout activities included backfilling operations, final
grading, disposal of decontamination wash waters, and the removal of
all site facilities including all concrete pads, construction trailers,
and fencing. According to CRA Progress Report No. 11, excavation,
transport, and disposal of soil underlying the paint sludge area was
completed on November 15, 1989. Excavation of soil was completed to
groundwater at the northern portion of the paint sludge disposal area
on November 15, 1989. The area was surveyed prior to backfilling to
document the limit of excavation. The limits of excavation were agreed
to by the CRA Engineer and the MDNR Project Coordinator. No soil
remediation confirmation samples were collected since the source was
excavated to groundwater. It was determined that the monitoring of
groundwater concentrations would provide data to ensure that all source
materials had been addressed. Backfilling commenced on November 16,
1989. The final site inspection was completed by the MDNR Project
Coordinator and EPA Remedial Project Manager on February 9, 1990
following demobilization activities.
Groundwater (OU2)
Remedial actions began in November 1994 after testing and operating
an on-site pump and treat treatment pilot plant. Construction
activities included: site clearing and degrading; installation of
extraction and reinjection wells and associated piping systems;
installation of process equipment for treating the contaminated
groundwater; access road upgrade; and fencing around the treatment
facility. A pre-final inspection of the construction activities was
conducted by the MDNR and EPA remedial project managers and the EPA
oversight contractor on June 9, 1995. During the pre-final inspection
it was determined that the extraction, reinjection, and treatment
systems were constructed as designed and were operational. With the
completion of construction at OU2, the site was designated construction
complete with the signing of the Preliminary Close-Out Report on June
29, 1995. Upon signature of the ESD in 1998, the pump and treat system
operation was suspended because groundwater concentrations were below
cleanup levels but would be reactivated if contaminant concentrations
exceeded risk-based cleanup levels.
Cleanup Goals
All paint sludge and contaminated soils in the paint sludge pit
were removed and the excavation extended down to groundwater in
accordance with the 1986 ROD. The 1990 ROD for groundwater restoration
has been completed. Groundwater treatment has restored the aquifer to
cleanup standards. Those cleanup levels are listed in the following
table:
------------------------------------------------------------------------
Cleanup
level part
Chemical per
billion
(ppb)
------------------------------------------------------------------------
Benzene..................................................... 1.2
Vinyl Chloride.............................................. 0.5
2-Butanone.................................................. 350
2-Hexanone.................................................. 50
Toluene..................................................... 800
Xylenes..................................................... 300
Lead........................................................ 5
------------------------------------------------------------------------
The confirmation monitoring period consisted of twelve monitoring
events from wells in the shallow and deep aquifer both within the
former footprint of the source area and downgradient of the source
area. The sampling was conducted from September 1998 to December 2004.
The monitoring results have demonstrated continued compliance with the
1998 Cleanup Standards and have established that the Site has achieved
groundwater cleanup goals established in the 1990 ROD and modified in
the 1991 and 1998 ESDs. No COCs have been found above clean up levels
since 1998. A Final Close Out was approved by EPA on July 19, 2010.
Operation and Maintenance
The pump and treat system operation took place from June 1995
through September 1998. Intermittent operation of the groundwater
remediation system occurred from September 1998 through August 2004.
EPA approved the PRPs' Operating Plan on September 14, 1998. This plan
called for confirmatory
[[Page 20550]]
hydraulic monitoring, additional hydrogeologic investigations,
installation of additional monitoring wells, and a contingency plan.
The confirmatory sampling report was submitted in January 1999 and the
hydraulic investigation results were submitted in April 1999. The
results of volatile organic compounds (VOCs) analysis from all
groundwater monitoring events post intermittent pumping mode have shown
no exceedences of contaminant concentrations in either the upper or
lower aquifers above the established cleanup levels.
There are two deed restrictions associated with the entire
Spiegelberg property and encompass the former footprint of the
landfill. One deed restriction prohibits activities on the Spiegelberg
Site that may interfere with the remedy. The Site is cleaned up;
therefore, this deed restriction can be removed from the property.
There is a second deed restriction on the Spiegelberg property for the
adjoining Rasmussen's Dump Superfund Site remedy. This deed restriction
prohibits interfering with existing or future monitoring wells on the
Spiegelberg property needed to implement and monitor the Rasmussen's
Dump Site groundwater remedy. These deed restrictions are not required
for the Spiegelberg CERCLA remedy; however the second institutional
control related to the Rasmussen's Dump Site will remain in place until
the contaminated groundwater from the Rasmussen's Dump Site is
remediated.
No operation and maintenance is needed for the Spiegelberg Site
since the remedial actions restored both site-related contaminated
soils and groundwater to levels that allow for unlimited use and
unrestricted exposure. Any monitoring done at the Spiegelberg property
is done in conjunction with the Rasmussen's Dump Superfund Site remedy.
Five-Year Review
Five-Year Review (FYR) reports were written in 2000 and 2005. The
2000 FYR concluded that the implemented remedy is protective of human
health and the environment. The on-site groundwater treatment system
was operating as described in the Spiegelberg Landfill Site ROD. This
FYR recommended continuing the monitoring requirements from the
Statement of Work (SOW) which included four consecutive semi-annual
sampling events. The confirmation monitoring period consisted of twelve
monitoring events from September 1998 to December 2004.
The 2005 FYR also found the remedy to be protective of human health
and the environment. It concluded that the confirmation monitoring
period (post intermittent pumping monitoring) included twelve
monitoring events since 1998, to demonstrate continued compliance with
the 1998 groundwater Cleanup Standards. The 2005 FYR also concluded,
``This is the final Five-Year Review for the Spiegelberg Site.
Groundwater treatment has restored the aquifer to clean-up standards.
Delisting, more formally known as Deletion from the NPL, should be
evaluated and pursued as appropriate.''
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 at http://www.regulations.gov.
Determination That the Site Meets the Criteria for Deletion in the NCP
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 the
responsible parties have implemented all required response actions and
that no further response action by responsible parties is appropriate.
V. Deletion Action
The EPA, with concurrence from State of Michigan through the MDEQ,
has determined that all appropriate response actions under CERCLA have
been completed. EPA received concurrence from the State of Michigan on
December 17, 2010. Therefore, EPA is deleting the 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 June 13, 2011 unless EPA receives adverse comments by May
13, 2011. 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
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 5, 2011.
Susan Hedman,
Regional Administrator, Region 5.
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 to Part 300 [Amended]
0
2. Table 1 of Appendix B to Part 300 is amended by removing
``Spiegelberg Landfill, Green Oak Township, MI.''
[FR Doc. 2011-8879 Filed 4-12-11; 8:45 am]
BILLING CODE 6560-50-P