National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List, 2454-2458 [E7-694]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Rules and Regulations]
[Pages 2454-2458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-694]


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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:
     https://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 
https://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 e-mail. The https://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 https://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 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 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 https://
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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