National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Deletion of the Waste Management of Michigan-Holland Lagoons Superfund Site, 67777-67781 [2012-27706]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Rules and Regulations]
[Pages 67777-67781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27706]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL 9751-2]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List Deletion of the Waste Management of Michigan-
Holland Lagoons Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Waste Management of 
Michigan-Holland Lagoons Superfund Site (Site), located in Ottawa 
County, Michigan from the National Priorities List (NPL). The NPL, 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix 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 rule is effective January 14, 2013 unless EPA 
receives adverse comments by December 14, 2012. 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-1986-0005, by one of the following methods:
     https://www.regulations.gov: Follow on-line instructions 
for submitting comments.
     Email: Gladys Beard, NPL Deletion Process Manager, at 
beard.gladys@epa.gov or Dave Novak, Community Involvement Coordinator, 
at novak.dave@epa.gov.
     Fax: Gladys Beard, NPL Deletion Process Manager, at (312) 
697-2077.
     Mail: Gladys Beard, NPL Deletion Process Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 886-7253; or Dave Novak, Community Involvement 
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West 
Jackson Boulevard, Chicago, IL 60604, (312) 886-7478 or (800) 621-8431.
     Hand delivery: Dave Novak, 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. CST, 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 on-line 
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 email. 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 email comment directly to EPA without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information 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 https://www.regulations.gov or in hard copy at:
     U.S. Environmental Protection Agency-Region 5, 77 West 
Jackson Boulevard, Chicago, IL 60604, Phone: (312) 353-1063. Hours: 
Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding Federal 
holidays.
     Herrick District Library, 303 South River Avenue, Holland, 
MI 49423, Phone: (616) 355-3100. Hours: Monday through Tuesday, 9:00 
a.m. to 9:00 p.m. EST; Wednesday through Friday, 9:00 a.m. to 6:00 p.m. 
EST.

FOR FURTHER INFORMATION CONTACT: Gladys Beard, NPL Deletion Process 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson

[[Page 67778]]

Boulevard, Chicago, IL 60604, (312) 886-7253, or beard.gladys@epa.gov.

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 Waste Management of Michigan-Holland Lagoons Superfund Site 
(Holland Lagoons Site) from the National Priorities List (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 January 14, 2013 unless EPA 
receives adverse comments by December 14, 2012. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of this issue 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 Holland Lagoons 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 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 
Holland Sentinel Newspaper. 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

    The following information provides EPA's rationale for deleting the 
Site from the NPL.

Site Background and History

    The Holland Lagoons Site (CERCLIS ID MID060179587) is 
located at 2700 North 168th Avenue, between Riley and James Streets, in 
unincorporated Park Township, near Holland, Michigan. The Site is an 
80-acre property located about 0.5 miles from the eastern shore of Lake 
Michigan in Ottawa County. The Site consists of a site entrance, former 
lagoon area, dewatering lagoons, former landfill area, a haul road on 
the eastern half of the Site, and an office/maintenance garage 
building. The area around the Site consists of mixed residential, 
recreational, and agricultural use.
    Properties adjoining the Holland Lagoons Site include the Riley 
Road Recreational Area, several small subdivisions of homes, privately 
held parcels, and a blueberry field to the southeast. The Southwest 
Ottawa County Landfill (SWOCLF) Superfund Site is adjacent to, 
northeast, and upgradient of the Holland Lagoons Site. The SWOCLF Site 
is a state-lead enforcement site. A groundwater plume migrating from 
the SWOCLF Site impacts the groundwater southwest and downgradient of 
the county landfill, including groundwater beneath the Holland Lagoons 
Site.
    The Holland Lagoons Site was operated by Jacobusse Refuse Service 
Company as a municipal garbage dump, liquid waste dewatering facility, 
and headquarters for its hauling company from the mid 1940's until 
1977. The company was purchased by Refuse Services, Inc., in 1972 and 
the name was changed to Holland Lagoons. Refuse Services, Inc., merged 
into Michigan Waste Systems, Inc. in 1973 and Michigan Waste Systems, 
Inc. subsequently changed its name to Waste Management of Michigan, 
Inc. (WMMI).

[[Page 67779]]

    A portion of the Site was originally used for the disposal of 
vegetable pickling waste, apple pulp, digester sludge, barrels of spent 
extracts, brine, the dewatering of liquid industrial wastes, including 
aluminum and metal hydroxide wastes, and wastewater treatment plant 
sludge. Disposal occurred in up to as many as nine dewatering lagoons 
located in the north central area of the Site. The dewatering of 
metallic wastes using these lagoons ceased in October 1977. Permits 
indicate that Jacobusse discontinued disposal of all liquid waste at 
the Site in 1980. In addition, the southwest area of the Site was used 
for the temporary burial of drums of chloral hydrate, which were 
removed in 1980. Municipal refuse was hauled to a landfill located in 
the south central area of the Site from 1957 to 1964. The landfill 
operated as an open burning dump and the northwest corner of the Site 
was used as a maintenance facility for the Jacobusse fleet of trucks.
    The Thomas residential well, located due west of the Site, was 
discovered to be contaminated with trichloroethylene (TCE) in 1970. The 
TCE was suspected to have migrated from the Holland Lagoons Site. The 
continued presence of elevated concentrations of TCE was confirmed in a 
Michigan Department of Natural Resources (MDNR) follow-up sampling 
event in 1979. Park Township began to hook up residences located within 
the vicinity of the Holland Lagoons Site, including the Thomas 
residence, to the expanded municipal water supply line by 1984. The 
county and township continued to hook up residences downgradient of the 
Holland Lagoons and SWOCLF Sites into the expanded municipal water 
supply system. The Holland Lagoons Site was proposed to the NPL on 
October 15, 1984 (49 FR 40320) and finalized on the NPL on June 10, 
1986 (51 FR 21099).
    From 1993 through 1997, EPA and MDEQ (formerly a part of MDNR) held 
discussions to allow NPL sites with a state-lead enforcement 
designation to follow the Remedial Action Plan process in Part 201 of 
the Michigan Natural Resources and Environmental Protection Act 
(NREPA). The EPA and MDEQ signed a Memorandum of Agreement in 1997 for 
the Holland Lagoons Site.

Remedial Investigation and Feasibility Study

    In 1994, the MDNR and WMMI entered into an Administrative Order by 
Consent (AOC) for Response Activities for WMMI to undertake a Remedial 
Investigation/Feasibility Study (RI/FS) at the Site. In addition to 
actions taken earlier, WMMI removed four underground storage tanks from 
within the truck maintenance area in 1985. Concurrent with the RI, WMMI 
performed an Interim Response Action (IRA) at the Site by excavating 
discolored soils plausibly contaminated with heavy metals on the haul 
road and from other on-site areas and to remove general surface debris 
from the Site. WMMI also excavated the former municipal trash landfill 
area and disposed of the material off-site. The interim response was 
completed by the end of 2000. All subsequent soil samples showed levels 
of metals at or below generic residential criteria or background values 
for the State of Michigan. Michigan Part 201 Cleanup Criteria is within 
EPA's acceptable risk range. WMMI performed a RI and baseline risk 
assessment, including an ecological assessment at the Site from 1994-
1996 and additional sampling between 1998 and 2007.
    Area A--Site Entrance: Soil boring samples were collected and 
analyzed for inorganic and organic parameters. The white powder found 
on the ground surface north of the Site building appeared to be lime 
based on the elevated calcium level; however, the calcium levels were 
below background concentrations. No organic contaminants were detected 
above background or Part 201 Residential Cleanup Criteria. A trench 
approximately 80 feet by 10 feet was discovered in an area south of the 
building. A soil boring was collected and analysis detected lead and 
zinc at concentrations above background. The approximately 40 cubic 
yards of impacted soil was excavated during the IRA. No contaminants 
were detected above background or Part 201 Residential Cleanup Criteria 
in verification samples.
    Additional soil samples were collected from the same location as 
the previous collection and consisted mostly of the white powder 
material. Analysis detected no inorganic contaminants at concentrations 
that exceeded Part 201 Residential Cleanup Criteria.
    Area B--Former Dewatering Lagoon Area: Analysis of the soil boring 
samples collected from the former dewatering lagoon area did not detect 
any organic or inorganic contaminants above background or Part 201 
Residential Cleanup Criteria. The results of the soil borings and 
analysis from the investigation demonstrated that the lagoons were 
properly abandoned.
    Area C--Former Landfill Area: Analysis of the soil boring samples 
collected from the former landfill area did not detect any organic or 
inorganic contaminants above background or Part 201 Residential Cleanup 
Criteria. The ash, metal cans, and glass bottles in the former landfill 
area were excavated during the IRA for disposal off-site. Approximately 
1,855 cubic yards of material was removed from the area. Results of the 
analysis of verification samples showed there were two small areas with 
levels of inorganic parameters exceeding the background concentration. 
An additional 40 cubic yards of soil was removed during the interim 
response and disposed of off-site. No contaminants were detected above 
background or Part 201 Residential Cleanup Criteria in verification 
samples.
    A bermed drum area was located in the south end of the former 
landfill. The berm was 70 by 30 feet and contained six old, rusted 
drums. These drums were removed during the IRA along with 224 cubic 
feet of bluish-green stained soil found at the bottom of the bermed 
area. No contaminants were detected above background or Part 201 
Residential Cleanup Criteria in verification samples.
    Area D--Haul Road: The results of the soil boring sampling from the 
haul road indicated that the bluish-green soil found at the ground 
surface along parts of the road was contaminated with heavy metals. 
Analysis of the soil sample detected chromium, copper, lead, nickel, 
selenium, zinc, and cyanide above their background values. Impacted 
soil which was identified in the previous investigations was removed 
during the IRA. An area 400 feet by 70 feet by 1.5 feet deep was 
excavated, removing approximately 1,433 cubic yards of soil. 
Verification samples indicated the soil that remained was not impacted 
above background concentrations for heavy metals. An additional 30 
cubic yards of soil was removed from the adjacent Ottawa County 
property.
    During an additional investigation, another 540 cubic yards of soil 
was excavated from the haul road area and disposed of off-site. The 
verification samples collected demonstrated that the remaining soil met 
the Part 201 Residential Cleanup Criteria.
    Area E--Former Drum Burial Area: Analysis of the soil boring 
samples collected from the former drum burial area did not detect any 
organic or inorganic contaminants above background or Part 201 
Residential Cleanup Criteria.
    Area F--Eastern Half of Site: The investigation of this area of 
concern involved collecting two soil samples from four boring 
locations. Four

[[Page 67780]]

additional borings were collected from along the eastern edge of the 
area for background analysis. The results of the background borings and 
the soil borings indicated no contaminants were detected above the Part 
201 Residential Cleanup Criteria. No environmental hazard was found in 
the eastern half of the Site.
    Underground Storage Tanks (USTs): An initial review of the 1985 UST 
report did not clearly indicate that the four USTs had been removed, as 
a result subsequent investigations focused on finding these USTs and 
determining whether there was any related contamination.
    During the investigations, soil boring samples were collected from 
the areas of the USTs at the northeast corner and southwest corner of 
the building. The investigation also involved searching the area with 
an electro-magnetic (EM) detector to determine if there were any large 
metal objects buried in the area. No drums were detected; therefore, it 
was concluded that all four of the USTs had been removed. The results 
of these soil boring samples did not detect any petroleum hydrocarbon 
or organic contaminants above Part 201 Residential Cleanup Criteria.
    Groundwater: Groundwater was sampled as part of several 
investigations. The results of the groundwater samples collected 
upgradient of the Site were used to develop inorganic parameters 
background and anthropogenic background concentrations for the area. 
Background concentrations are concentrations of chemicals common to 
groundwater that have not been impacted by anthropogenic effects. 
Anthropogenic background levels are determined by analyzing groundwater 
that has been impacted by an upgradient source such as the SWOCLF Site. 
Anthropogenic background concentrations were determined from several 
wells located downgradient of the SWOCLF Site, but upgradient of any 
known disposal areas on the Holland Lagoons Site.
    Benzene was the only organic contaminant detected in the on-site 
monitoring wells above the Maximum Contaminant Levels (MCL) established 
under the Safe Drinking Water Act (SDWA) and Part 201 Residential 
Cleanup Criteria of 5 micrograms per liter ([micro]g/1). All of these 
detections were found in wells located southwest of the Site at 
concentrations ranging from 14 [micro]g/l to 28 [micro]g/1 and no on-
site source was detected. Benzene is a contaminant being monitored at 
the SWOCLF Site. At the SWOCLF Site, benzene had been detected at 
levels as high as 149 [micro]g/1 in purge wells and 305 [micro]g/1 in 
monitoring wells; therefore, the MDEQ concluded that the source of the 
benzene is the SWOCLF Site.
    Inorganic contaminants found in wells on-site includes: aluminum, 
arsenic, antimony, beryllium, cadmium, lead, manganese, zinc, and 
vanadium. Aluminum, antimony, lead, manganese, and zinc were found in 
background or anthropogenic background wells. Arsenic did not exceed 
the MCL or Part 201 Residential Cleanup Criteria. Subsequent sampling 
results indicated that aluminum, antimony, beryllium, cadmium, lead, 
manganese, zinc, and vanadium did not exceed MCLs, Part 201 Residential 
Cleanup Criteria, background and/or anthropogenic background.
    In March 2005, the MDEQ and Ottawa County entered into a 
Stipulation for the SWOCLF Site, under which Ottawa County is required 
to perform the following remedial actions at the SWOCLF Site: construct 
a new landfill cap; install and operate a new extraction well system 
around the landfill; prevent the discharge to Lake Michigan of 
groundwater containing hazardous substances exceeding Groundwater to 
Surface Water Interface Criteria; implement reliable land and resource 
use restrictions (institutional controls) to restrict construction and 
use of wells within the groundwater plume; properly abandon all 
existing residential wells once residents have been hooked into the 
municipal water supply; and operate the then current downgradient 
extraction system until it was demonstrated that requirements have been 
achieved. The responsibility for the remaining wells on the Holland 
Lagoons Site has been transferred to Ottawa County to use in monitoring 
the SWOCLF plume.
    Currently, Ottawa County has constructed the new landfill cap and 
completed the hook up of residents to the municipal water supply. In 
2009, Ottawa County implemented an area-wide groundwater use 
restriction which prohibits human consumption of groundwater, limits 
well installation/use and outlines procedures for well abandonments. 
All hook ups and abandonments were completed in 2009. Ottawa County 
continues to operate the downgradient extraction system. In 2009, 
Ottawa County installed and began operating the new extraction well 
system along the west and south boundary of the SWOCLF Site.
    Former Facility Office and Maintenance Garage Building: WMMI 
conducted soil and groundwater sampling below the former facility 
office and maintenance garage building as noted as a recommendation in 
the 2006 Five-Year Review Report. The soil and groundwater sampling 
results did not reveal any chemicals of concerns above MCLs or Part 201 
Residential Criteria.
    Decision Summary: The Final Feasibility Study and Remedial Action 
Plan Closure Report, which called for No Further Action to be 
implemented at the Site was approved by MDEQ on October 13, 2008. On 
May 19, 2011, the MDEQ approved WMMI's request to rescind the August 
18, 1997 restrictive covenant because Ottawa County has implemented an 
area-wide groundwater restriction as part of the SWOCLF cleanup 
program. The Notice of Rescission of Land and/or Resources Use 
Restrictions was filed and recorded by the Ottawa County Register of 
Deeds on June 2, 2011. The Ottawa County Contaminated Groundwater Use 
Ordinance (March 2009) meets the requirements of a ``reliable use 
restriction'' under Michigan's cleanup rules (Part 201).
    The rescinded restrictive covenant provided the following 
restrictions at the Holland Lagoons Site: (1) Restricts the use of the 
property to those uses compatible with the limited residential land use 
criteria as defined in Section 20120a(1)(f) of Part 201; (2) prohibits 
groundwater well installation and groundwater use within the property 
boundary for all domestic, commercial, and industrial uses; (3) 
prohibits the construction of groundwater fed impoundments; (4) 
prohibits excavation of soil beyond the saturated zone; and (5) 
requires soil sampling if existing structure is razed and 30-days 
notice to MDEQ.

Selected Remedy

    EPA signed a ROD on August 17, 2011 and has determined that no 
further remedial action is necessary for the Holland Lagoons Site. The 
remedy is protective of human health and the environment; and allows 
for unlimited exposure and unrestricted use.

Response Actions

    The August 2011, ``No Further Action'' ROD determined that no 
further Federal response was required.

Operation and Maintenance

    The groundwater underneath the Site is monitored as part of the 
Ottawa County SWOCLF groundwater monitoring program and contamination 
in the groundwater plumes is not related to contamination and sources 
at Holland Lagoons Site. There will be no active remediation at the 
Site; therefore, no operation and maintenance (O&M) is necessary.

[[Page 67781]]

Five-Year Review

    The first and only five-year review, completed on September 25, 
2006, found the remedy to be protective in the short-term and 
identified five issues that needed to be addressed in order for the 
remedy to be protective in the long-term. All of the issues have now 
been addressed as described below:
    1. Issue: Noncompliance with the AOC requires the completion of a 
Part 201 approved Feasibility Study and Remedial Action Plan Closure 
Report. Follow-Up: The MDEQ approved the Final Feasibility Study and 
Remedial Action Plan Closure Report on October 13, 2008, which was 
submitted by WMMI.
    2. Issue: WMMI must provide information to prove the six on-site 
source areas, due to the completion of past remediation activities, are 
no longer contributing contaminants to the groundwater plume migrating 
under the Site and that all of the contaminants found in the 
groundwater plume originate from the adjacent and upgradient SWOCLF 
Site. Follow-Up: The Final Feasibility Study and Remedial Action Plan 
Closure Report included data to confirm that the past remediation 
activities were completed at the six on-site areas and that no on-site 
sources were contributing to the groundwater plume migrating onto the 
Holland Lagoons Site from the SWOCLF Site.
    3. Issue: Ensure that effective interim institutional controls 
(ICs) are in place. Follow-Up: EPA's ``No Further Action'' ROD did not 
require any additional ICs because: (1) groundwater impacts were 
determined to be migrating from the SWOCLF Site and not part of site-
related contamination from Holland Lagoons and (2) an area-wide 
groundwater ordinance has been implemented as part of the response at 
the SWOCLF Site. As a result, the Declaration of Restrictive Covenant 
has been rescinded. The Notice of Rescission of Land and/or Resources 
Use Restrictions was filed and recorded by the Ottawa County Register 
of Deeds on June 2, 2011. Ottawa County will continue conducting a 
cleanup of the SWOCLF Site, including maintenance of an area-wide 
groundwater use restriction to prevent groundwater use.
    4. Issue: For the remedy to be protective in the long-term, 
effective ICs may be implemented and maintained as part of the final 
RAP. Follow-up: EPA's ``No Further Action'' ROD did not require ICs. 
The ROD allows for unlimited use and unrestricted exposure.
    5. Issue: A contamination source area may exist beneath the former 
office building. Follow-up: In 2007, WMMI conducted soil and 
groundwater sampling below the former facility office and maintenance 
garage building. The soil and groundwater sampling results did not 
reveal any chemicals of concern above the MCLs or Part 201 criteria.
    In summary, EPA has determined that no further remedial action is 
necessary for the Holland Lagoons Site. Previous responses at the Site 
eliminated the need for a further remedial action. Contaminated soil 
from on-site disposal pits was excavated and disposed of off-site. No 
further five-year reviews are required because contamination has been 
remediated to allow for unlimited use and unrestricted exposure.

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 
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 response actions required, and 
no further response action by responsible parties is appropriate.

V. Deletion Action

    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 April 
5, 2012. Therefore, EPA is deleting this 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 January 14, 2013 unless EPA receives adverse comments by 
December 14, 2012. 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, and Water supply.

    Dated: October 31, 2012.
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, the entry 
for ``MI, Waste Management of Michigan (Holland), Holland''.
[FR Doc. 2012-27706 Filed 11-13-12; 8:45 am]
BILLING CODE P