[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]


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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.

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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:
    <bullet> http://www.regulations.gov: Follow on-line instructions 
for submitting comments.
    <bullet> E-mail: Howard Caine, Remedial Project Manager, at 
<a href="/cdn-cgi/l/email-protection#e281838b8c87cc8a8d95839086a2879283cc858d94"><span class="__cf_email__" data-cfemail="1d7e7c7473783375726a7c6f795d786d7c337a726b">[email protected]</span></a> or Cheryl Allen, Community Involvement 
Coordinator, at <a href="/cdn-cgi/l/email-protection#bbdad7d7ded595d8d3dec9c2d7fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="c3a2afafa6adeda0aba6b1baaf83a6b3a2eda4acb5">[email protected]</span></a>.
    <bullet> Fax: Gladys Beard, Deletion Process Manager, at (312) 697-
2077.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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, <a href="/cdn-cgi/l/email-protection#e08381898e85ce888f97819284a0859081ce878f96"><span class="__cf_email__" data-cfemail="9af9fbf3f4ffb4f2f5edfbe8fedaffeafbb4fdf5ec">[email protected]</span></a>.

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]]

    <bullet> 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;
    <bullet> 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;
    <bullet> Construction of a groundwater extraction system to capture 
and extract groundwater for treatment from the affected groundwater 
zones;
    <bullet> Construction of a groundwater treatment plant to treat the 
extracted groundwater prior to reinjection;
    <bullet> 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;
    <bullet> Construction of fencing to secure the constructed 
treatment plant;
    <bullet> 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
    <bullet> 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


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