64748 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

EPA-APPROVED NEVADA NONREGULATORY AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision Applicable geographic or nonattainment area 

State submittal date EPA approval date Explanation 

*******

445B.500 ......................................... Establishment and administration of 

program; contents of program; 

designation of air pollution control 

agency of county for purposes of 

federal act; powers and duties of 

local air pollution control board; 

notice of public hearings; delegation of authority to determine violations and levy administrative 

penalties; cities and smaller 

counties; regulation of certain 

electric plants prohibited.

8/30/12 [Insert Federal Register page number where the document begins] 

10/23/12.

Submitted in attachment B to 

NDEP’s August 30, 2012 SIP revision submittal. (Nevada Revised Statutes, Volume 28, 2011, 

as published by the Legislative 

Counsel, State of Nevada, section 445B.500). 

445B.503 ......................................... Local air pollution control board in 

county whose population is 

700,000 or more: Cooperation 

with regional planning coalition 

and regional transportation commission; prerequisites to adoption 

or amendment of plan, policy or 

program.

8/30/12 [Insert Federal Register page number where the document begins] 

10/23/12].

Submitted in attachment B, and as 

an exhibit to attachment D, to 

NDEP’s August 30, 2012 SIP revision submittal. (Nevada Revised Statutes, Volume 28, 2011, 

as published by the Legislative 

Counsel, State of Nevada, section 445B.503). 

* * * * * * * 

■ 3. Section 52.1472 is amended by 

adding paragraphs (d), (e), and (f) to 

read as follows: 

§ 52.1472 Approval status. 

* * * * * 

(d) 1997 8-hour ozone NAAQS: The 

SIPs submitted on February 1, 2008 and 

August 30, 2012 are partially 

disapproved for Clean Air Act (CAA) 

elements 110(a)(2)(C), (D)(ii), (J) and (K) 

for the Nevada Division of 

Environmental Quality (NDEP) and 

Washoe County portions of the Nevada 

SIP; and for CAA element 110(a)(2)(F) 

for the Clark County portion of the 

Nevada SIP. 

(e) 1997 P2.5 NAAQS: The SIPs 

submitted on February 26, 2008 and 

August 30, 2012 are partially 

disapproved for CAA elements 

110(a)(2)(C), (D)(ii), (J) and (K) for the 

NDEP and Washoe County portions of 

the Nevada SIP; and for CAA element 

110(a)(2)(F) for the Clark County portion 

of the Nevada SIP. 

(f) 2006 PM2.5 NAAQS: The SIPs 

submitted on September 15, 2009, 

December 4, 2009, and August 30, 2012 

are partially disapproved for CAA 

elements 110(a)(2)(C), (D)(i)(II) (interfere 

with measures in any other state to 

prevent significant deterioration of air 

quality), (D)(ii), (J) and (K) for the NDEP 

and Washoe County portions of the 

Nevada SIP; for CAA element 

110(a)(2)(D)(i)(I) for the NDEP, Washoe 

County, and Clark County portions of 

the Nevada SIP; and for CAA element 

110(a)(2)(F) for the Clark County portion 

of the Nevada SIP. 

[FR Doc. 2012–25558 Filed 10–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9743–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Partial Deletion of the 

Torch Lake Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency Region 5 is 

publishing a Direct Final Notice of 

Deletion of the Isle Royale Tailings and 

Michigan Smelter Tailing parcels of 

Operable Unit 3 (OU3), and the Mason 

Sands Tailings parcel of Operable Unit 

1 (OU1) of the Torch Lake Superfund 

Site (Site), located in Houghton 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 partial 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 at these identified 

parcels have been completed. However, 

this partial deletion does not preclude 

future actions under Superfund. 

This partial deletion pertains to the 

surface tailings, drums, and slag piles of 

Isle Royale Tailings and Michigan 

Smelter Tailings parcels of OU3 and the 

Mason Sands Tailings parcel of OU1. 

The following land parcels will remain 

on the NPL and are not being 

considered for deletion as part of this 

action: Dollar Bay, Point Mills, Calumet 

Lake Tailing, Boston Pond Tailing, 

North Entry and Quincy Smelter. 

DATES: This direct final partial deletion 

is effective December 24, 2012 unless 

EPA receives adverse comments by 

November 23, 2012. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final partial deletion in the 

Federal Register informing the public 

that the deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• Email: Nefertiti DiCosmo, Remedial 

Project Manager, at 

dicosmo.nefertiti@epa.gov 

• Email: Dave Novak, Community 

Involvement Coordinator, at 

novak.dave@epa.gov 

• Fax: Gladys Beard, NPL Deletion 

Process Manager, at (312) 886–2077. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64749 

• Mail: Nefertiti DiCosmo, Remedial 

Project Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–6148, or Dave Novak, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 886–7478 or 1– 

800–621–8431. 

• Hand deliver: 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. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1986– 

0005. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. 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 email comment directly 

to EPA without going through http:// 

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 http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at: 

Regional Office, U.S. Environmental 

Protection Agency—Region 5, 77 West 

Jackson Boulevard, Chicago, IL, 

60604, Hours: Monday through 

Friday, 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

Lake Linden/Hubbell Public Library, 

601 Calumet Street, Lake Linden, MI 

49945, (906) 296–0698, Hours: 

Monday through Friday 8:00am to 

4:00 p.m., Tuesday and Thursday 6:00 

p.m. to 8:00 p.m. 

Portage Lake District Library, 105 

Huron, Houghton, MI 49931, (906) 

482–4570, Hours: Monday, Tuesday 

and Thursday 10:00 a.m. to 9:00 p.m., 

Wednesday and Friday 10:00 a.m. to 

5:00 p.m., and Saturday 12:00 p.m. to 

5:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Nefertiti DiCosmo, Remedial Project 

Manager, U.S. Environmental Protection 

Agency (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

886–4737, dicosmo.nefertiti@epa.gov 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

I. Introduction 

EPA Region 5 is publishing this Direct 

Final Notice of Deletion of the Isle 

Royale Tailings and Michigan Smelter 

Tailings parcels of OU3, and Mason 

Sands Tailings parcel of OU1 of the 

Torch Lake Superfund (Site) from the 

NPL and requests public comments on 

this action. 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). This partial deletion of the 

Torch Lake Superfund Site is proposed 

in accordance with 40 CFR 300.425(e) 

and is consistent with the Notice of 

Policy Change: Partial Deletion of Sites 

Listed on the National Priorities List (60 

FR 55466) on November 1, 1995. 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 December 24, 

2012 unless EPA receives adverse 

comments by November 23, 2012. Along 

with this Direct Final Notice of Partial 

Deletion, EPA is co-publishing a Notice 

of Intent for Partial Deletion in the 

‘‘Proposed Rules’’ section of the Federal 

Register. If adverse comments are 

received within the 30-day public 

comment period on this partial deletion 

action, EPA will publish a timely 

withdrawal of this direct final Notice for 

Partial Deletion before the effective date 

of the partial deletion, and the deletion 

may not take effect. Alternatively EPA 

may, as appropriate, prepare a response 

to comments and continue with the 

deletion process on the basis of the 

Notice of Intent for Partial Deletion and 

the comments already received. In this 

case, there will be no additional 

opportunity to comment on the agency’s 

response. 

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 Isle Royale Tailings and 

Michigan Smelter Tailings parcels of 

OU3 and the Mason Sands Tailings 

parcel of OU1 of the Torch Lake 

Superfund Site and demonstrates how 

the deletion criteria are met at these 

land parcels. Section V discusses EPA’s 

action to partially delete the Site parcels 

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. 


tkelley on DSK3SPTVN1PROD with RULES
64750 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. 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 the Isle Royale Tailings and 

Michigan Smelter Tailings parcels of 

OU3, and the Mason Sands Tailings 

parcel of OU1 of the Torch Lake 

Superfund Site: 

(1) EPA consulted with the State of 

Michigan prior to developing this direct 

final Notice of Partial Deletion and the 

Notice of Intent for Partial Deletion copublished today in the ‘‘Proposed 

Rules’’ section of the Federal Register. 

(2) EPA has provided the State 30 

working days for review of this Direct 

Final Notice of Partial Deletion and the 

parallel Notice of Intent for Partial 

Deletion prior to their publication 

today, and the State, through MDEQ, 

has concurred on the partial deletion of 

the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Partial 

Deletion, a notice of the availability of 

the parallel Notice of Intent for Partial 

Deletion is being published in the Daily 

Mining Gazette Newspaper, located in 

Houghton, Michigan. The newspaper 

notice announces the 30-day public 

comment period concerning the Notice 

of Intent for Partial Deletion of the Site 

from the NPL. A public meeting will be 

held prior to the end of the comment 

period to ensure the public understands 

the delisting process and the locations 

of the land parcels proposed for 

deletion. 

(4) EPA placed copies of documents 

supporting the proposed partial deletion 

in the deletion docket and made these 

items available for public inspection 

and copying at the Site information 

repositories. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this partial deletion action, 

EPA will publish a timely notice of 

withdrawal of this Direct Final Notice of 

Partial Deletion before its effective date 

and will prepare a response to 

comments. EPA may continue with the 

deletion process on the basis of the 

Notice of Intent for Partial Deletion and 

the comments already received. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion 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 Isle 

Royale Tailings and Michigan Smelter 

Tailings parcels of OU3 and Mason 

Sands Tailings parcel of OU1 of the 

Torch Lake Superfund Site from the 

NPL. The Isle Royale Tailings area 

comprises approximately 64 acres of 

cover material northwest of U.S. 41, 

next to Portage Lake. It is located near 

the town of Houghton, in the 

northwestern corner of Section 5 in 

Portage Township, Michigan (Township 

54 N Range 33 W). The Torch Lake 

Superfund Site Isle Royale Tailings 

property parcel is also referred to as Isle 

Royale Stamp Mill or Isle Royale Sands. 

It is the parcel of property on the west 

side of Houghton that was part of a mine 

rock crushing operation. The Site has no 

relation to the Isle Royale that is the 

island located in Lake Superior. 

A legal description of the Isle Royale 

Tailings portion of the Torch Lake 

Superfund Site is as follows: A parcel of 

land in Government Lot 2, Section 5, 

T54N, R33W, City of Houghton, 

Houghton County, Michigan. 

Commencing at the West 1⁄4 corner of 

said Section 5; thence North 1069.47 

feet; thence East 1584.79 feet to the 

point of beginning on the Northeasterly 

right-of-way of the Soo Line Railroad; 

thence N 33° 42′ 20′′ E 229.36 feet to the 

South right-of-way (66-ft. R/W) of Carlos 

Street of the recorded plat of Royale Isle 

Subdivision; thence S 56° 17′40′′ E 

380.00 feet along said Carlos Street 

right-of-way and extension thereof; 

thence S 33° 42′ 20′′ W 250.29 feet to the 

Northeasterly right-of-way of said Soo 

railroad; thence along said right-of-way 

on a curve to the right N 53° 08′ 19′′ W 

380.68 feet more or less to the point of 

beginning. 

The Michigan Smelter Tailings parcel 

is located in a 15-acre, low-lying area of 

stamp sands east of Houghton Canal 

Road on the shores of Portage Lake, in 

Sections 28, 33, and 34 of Adams/ 

Stanton Township, Michigan (55 N 

Range 34 W). There is a piece of 

property nearby, on the west side of 

Houghton Canal Road, known as 

Michigan Smelter that includes the 

buildings and abandoned materials 

where industrial activities took place. 

This property is not part of the Torch 

Lake Superfund Site and was not 

investigated or remediated as part of the 

Site activities. There may be high levels 

of arsenic or other contaminants 

associated with past mining activity in 

that area, but such contamination would 

not be considered as part of the Torch 

Lake Superfund Site. 

The legal description of the Michigan 

Smelter Tailings portion of the Torch 

Lake Superfund Site is as follows— 

Parcel 1: Section 33, T55N, R34W, 

Adams Township, Houghton County, 

Michigan, Government Lot 1 lying 

North of County Road 554, except 

commencing at the North 1⁄4 corner; 

thence South 320 feet to P.O.B.; thence 

Southeasterly 90.18 feet; thence 

Northeasterly 569.59 feet; thence North 

202.57 feet; thence Southeasterly 410.48 

feet to South right of way of Canal Road; 

thence Southeasterly along Canal Road 

888 feet more or less; thence South 676 

feet to South line of Government Lot 1; 

thence Southwesterly 1692 feet to the 

West line of Government Lot 1; thence 

North 980.78 feet to P.O.B. Parcel 2: 

Section 34, T55N, R34W, Adams 

Township, Houghton County, Michigan, 

Government Lot 3 lying North of County 

Road 554, also West 121.90 feet of 

Government Lot 4 lying North of County 

Road 554. Parcel 3: Section 28, T55N, 

R34W, Stanton Township, Houghton 

County, Michigan, part of Government 

Lot 4, commencing North 00° 34′ 31′′ 

West 35.08 feet from South 1; Corner; 

thence North 00° 34′ 31′′ West 1252.70 

feet; thence south 89° 33′ 12′′ East 

102.60 feet; thence South 89° 35′ 56′′ 

East 151.39 feet to shore; thence South 

46° 13′ 52′′ East 804.26 feet; thence 

South 55° 13′ 38′′ East 1279.14 ; thence 

West 713.78 feet; thence North 46° 48′ 

32′′ West 766.52 feet; thence South 43° 

09′ 07′′ West 66 feet; thence South 01° 

45′ 30′′ East 57.69 feet; thence South 08° 

31′ 32′′ West 141.99 feet; thence South 

10° 03′ 39′′ West 69.72 feet; thence 

South 71° 33′ 12′′ West 552.04 feet to 

P.O.B. 

The Mason Sands Tailings area is 

about 225 acres and is located within a 

fenced in area south of M–26 and 

expands until the land meets the lake 

(Torch Lake). It is adjacent to the Village 

of Mason and is located in Sections 23, 

26, and 27 of Township 55 North, Range 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64751 

33 West. Located within the Mason 

Sands parcel of the Site are dilapidated 

industrial structures, building 

foundations, and other debris. These 

abandoned structures, foundations and 

debris are not part of the Torch Lake 

Superfund Site and were not 

investigated or remediated. The surface 

tailings at this Mason area constitute the 

area addressed by the Torch Lake Site 

remedial action. The legal description of 

the Mason Sands portion of the Torch 

Lake Superfund Site is as follows. 

Government. Lot 2—Section 14— 

T.55N–R.33 W lying East of State 

Highway M–26 Right-of-Way, except as 

follows: Commencing at a point on 

shore of Torch Lake 500′ from meander 

post on line between Sections 13 & 14, 

thence N.55°40′ West to North boundary 

line of Lot 2 Section 14, thence East 

along North boundary of said Lot 2 to 

shore of Torch Lake, thence 

Southwesterly along said lake to Point 

of Beginning except Right-of-Way of 

C&H RR. 53.32.A. Gov’t. Lots 1, 2, 3, and 

4—Section 23—T.55 N.–R.33 W. lying 

East of abandoned railroad Right-ofWay, except as follows: Part of 

Government Lot 4, Section 23, and 

Government Lot 5, Section 26, T.55N, 

R.33W, Osceola Township, Houghton 

County, Michigan, more particularly 

described as follows: Commencing at a 

section corner common to Sections 22, 

23, 26 and 27, T.55N, R.33W; then due 

South 480.66 feet to the point of 

beginning: thence N43° 54′ 04′′ E 

1164.53 feet; thence S51° 08′ 38′′E 

124.89 feet to a point located in the 

Northwesterly right-of-way line of State 

Highway M–26; thence S00° 02′ 18’’ W 

112.29 feet to a point located in the 

Southeasterly right-of-way line of State 

Highway M–26; thence S50° 16′ 58′′ E 

21.89 feet; thence S35° 39′ 41′′ E 251.20 

feet; thence S32° 31′ 34′′ W 189.24 feet; 

thence N55° 59′ 01′′ W 158.27 feet; 

thence N58° 48′ 17′′ W 75.02 feet to a 

point located in the Northwesterly rightof-way line of an abandoned railroad; 

thence S32° 31′ 34′′ W 44.66 feet along 

said Northwesterly right-of-way line of 

an abandoned railroad; thence on a 

curve to the right, having a radius of 

2814.93 feet a long chord bearing and 

distance of S39° 15′ 17′′ W 659.63 feet, 

661.15 feet along said Northwesterly 

right-of-way line of an abandoned 

railroad; thence continuing along said 

abandoned railroad right-of-way S45° 

59′ 00′′ W 458.12 feet; thence due North 

468.57 feet to the point of beginning, 

containing 461,453 square feet, which is 

10.59 acres including road right-ofways. Government. Lot 5—Section 26— 

T.55N–R.33W. lying East of abandoned 

railroad Right-of-Way, except as follows: 

Part of Government Lot 4, Section 23, 

and Government Lot 5, Section 26, 

T.55N, R.33W., Osceola Township, 

Houghton County, Michigan, more 

particularly described as follows: 

Commencing at a section corner 

common to Sections 22, 23, 26, and 27, 

T.55N, R.33W.; then due South 480.66 

feet to the point of beginning: thence 

N43° 54′ 04′′ E 1164.53 feet; thence S51° 

08′ 38′′ E 124.89 feet to a point located 

in the Northwesterly right-of-way line of 

State Highway M–26; thence S00° 02′ 

18′′ W 112.29 feet to a point located in 

the Southeasterly right-of-way line of 

State Highway M–26; thence S50° 16′ 

58′′ E 21.89 feet; thence S35° 39′ 41′′ E 

251.20 feet; thence S32° 31′ 34′′ W 

189.24 feet; thence N55° 59′ 01′′ W 

158.27 feet; thence N58° 48′ 17′′ W 75.02 

feet to a point located in the 

Northwesterly right-of-way line of an 

abandoned railroad; thence S32° 31′ 34′′ 

W 44.66 feet along said Northwesterly 

right-of-way line of an abandoned 

railroad; thence on a curve to the right, 

having a radius of 2814.93 feet a long 

chord bearing and distance of S39° 15′ 

17′′ W 659.63 feet, 661.15 feet along said 

Northwesterly right-of-way line of an 

abandoned railroad; thence continuing 

along said abandoned railroad right-ofway S45° 59′ 00′′ W 458.12 feet; thence 

due North 468.57 feet to the point of 

beginning, containing 461,453 square 

feet, which is 10.59 acres including road 

right-of-ways. Government Lot 1— 

Section 27—T.55N–R.33W lying east of 

abandoned railroad Right-of-Way. That 

portion of Government Lot 2—Section 

27—T.55N–R.33W lying in the West 1⁄2

of the Southwest 1⁄4 of said Section. It 

being understood and intended that the 

above described land extends to the 

waters edge of Torch Lake and to 

include any tailing sands and slag that 

may have accreted to said land, or to 

other lands in Section 26—T.55N.— 

R.33W. 

Site Background and History 

Site Location 

The Site is located on the Keweenaw 

Peninsula in Houghton County, 

Michigan. The Site (CERCLIS ID 

MID980901946) includes Torch Lake, 

the northern portion of Portage Lake, 

and the northern entry of Torch Lake. 

The following areas were selected for 

remedial measures and thus became 

part of the Site: defined areas of stamp 

sands, tailing piles, and slag materials 

along the shore of and in the vicinity of 

Torch Lake, Northern Portage Lake, 

Keweenaw Waterway, Lake Superior, 

Boston Pond, Calumet Lake, Lake 

Linden, Hubbell/Tamarack City, Mason, 

Calumet Lake, Michigan Smelter, Isle 

Royale, Gross Point, and Quincy 

Smelter. These defined areas were not 

investigated at depth and were defined 

as part of the Torch Lake Superfund Site 

the surficial materials (stamp sands, 

tailings, and slag) on these areas and 

their relative locations to the Torch Lake 

water body. These areas cover over 600 

acres. During the Site investigation, 

samples were taken of the surface (0–6 

inches) and shallow subsurface (0–3 

feet) stamp sands, tailings, and slag 

piles at the frequency of approximately 

one composite sample per 20 acreparcel. Data generated reflected similar 

chemical characteristics in all samples 

collected. This data was sufficient to 

assume homogeneity of these materials 

and to support selection of the Site’s 

remedial action. 

The remedial action included the 

installation of a soil vegetative cover 

over these defined areas of stamp sands, 

tailings, and slag in order to meet the 

Site Remedial Action Objectives 

(RAOs). The remedial action only 

addressed surfurce materials associated 

with the covered land parcels. There 

may be non-Site related contamination 

with depth or in the vicinity of these 

defined areas of stamp sands, tailings, 

and slag that are not addressed by this 

Site remedial action (i.e., vegetative 

cover). This potential contamination 

was not evaluated or addressed as part 

of the remedial measures for the Torch 

Lake Superfund Site. Non-Site related 

contamination, if identified in the 

future, will not be addressed by a 

subsequent action as part of the Torch 

Lake Superfund Site’s remedial action. 

Site History 

Torch Lake was the site of copper 

milling and smelting facilities and 

operations for over 100 years. Torch 

Lake was a repository of milling wastes, 

and served as the waterway 

transportation to support the mining 

industry. The first mill opened on Torch 

Lake in 1868. At the mills, copper was 

extracted by crushing or stamping the 

rock into smaller pieces and driving 

them through successively smaller 

meshes. The copper and crushed rocks 

were separated by gravimetric sorting in 

a liquid medium. The copper was sent 

to a smelter. The crushed rock particles, 

called tailings, were discarded along 

with mill processing water, typically by 

pumping them into the Lake. 

Mining output, milling activity, and 

tailing production peaked in the 

Keweenaw Peninsula in the early 1900s 

to 1920. All of the mills at Torch Lake 

were located on the west shore of the 

Lake and many other mining mills and 

smelters were located throughout the 

Keweenaw Peninsula. In the early 


tkelley on DSK3SPTVN1PROD with RULES
64752 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

1900s, advances in technology allowed 

recovery of copper from tailings 

previously deposited in Torch Lake. 

Dredges were used to collect submerged 

tailings which were then screened, 

recrushed, and gravity separated. An 

ammonia leaching process involving 

cupric ammonium carbonate was used 

to recover copper and other metals from 

conglomerate tailings. During the 1920s, 

chemical reagents were used to further 

increase the efficiency of reclamation. 

The chemical reagents included lime, 

pyridine oil, coal tar creosotes, wood 

creosote, pine oil, and xanthates. After 

reclamation activities were complete, 

chemically treated tailings were 

returned to the lake. In the 1930s and 

1940s, the Torch Lake mills operated 

mainly to recover tailings in Torch Lake. 

In the 1950s, copper mills were still 

active; but by the late 1960s, copper 

milling had ceased. 

Over 5 million tons of native copper 

was produced from the Keweenaw 

Peninsula and more than half of this 

was processed along the shores of Torch 

Lake. Between 1868 and 1968, 

approximately 200 million tons of 

tailings were dumped into Torch Lake 

filling at least 20 percent of the Lake’s 

original volume. 

In June 1972, a discharge of 27,000 

gallons of cupric ammonium carbonate 

leaching liquor occurred into the north 

end of Torch Lake from the storage vats 

at the Lake Linden Leaching Plant. The 

Michigan Water Resources Commission 

(MWRC) investigated the spill. The 1973 

MWRC report discerned no deleterious 

effects associated with the spill, but did 

observe discoloration of several acres of 

the lake bottom indicating previous 

discharges. In the 1970s, environmental 

concern developed regarding the 

century-long deposition of tailings into 

Torch Lake. High concentrations of 

copper and other heavy metals in Torch 

Lake sediments, toxic discharges into 

the Lake, and fish abnormalities 

prompted many investigations into long 

and short-term impacts attributed to 

mine waste disposal. The International 

Joint Commission’s Water Quality Board 

designated the Torch Lake basin as a 

Great Lakes Area of Concern (AOC) in 

1983. Also in 1983, the Michigan 

Department of Public Health announced 

an advisory against the consumption of 

Torch Lake sauger and walleye fish due 

to tumors of unknown origin. 

The Torch Lake Site was proposed for 

inclusion on the National Priorities List 

(NPL) in October of 1984, Federal 

Register (49 FR 40320). The Site was 

placed on the NPL in June 1986, (51 

FR21054). The Torch Lake Site is also 

on the list of sites identified under 

Michigan’s Natural Resources and 

Environmental Protection Act 451 Part 

201. Residential use is planned for these 

land parcels after they are deleted from 

the NPL. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

On May 9, 1988 Special Notice Letters 

were issued to Universal Oil Products 

and Quincy Mining Company to 

perform a Remedial Investigation/ 

Feasibility Study (RI/FS). Universal Oil 

Products was the successor corporation 

of Calumet Hecla Mining Company 

which operated its milling and smelting 

on the shore of Lake Linden and 

disposed the generated tailings in the 

area. On June 13, 1988 a Notice Letter 

was issued to Quincy Development 

Company, which was the current owner 

of a tailing pile located on the Lake 

shore of Mason City. Negotiations for 

the RI/FS Consent Order with these 

Potentially Responsible Parties (PRPs) 

were not successful due to issues such 

as the extent of the Site, and the number 

of PRPs. Subsequently, EPA contracted 

with Donohue & Associates in 

November 1988 to perform the RI/FS at 

the Site. 

On June 21, 1989 EPA collected a 

total of eight samples from drums 

located in the Old Calumet and Hecla 

Smelting Mill Site near Lake Linden, the 

Ahmeek Mill Site near Hubbell City, 

and the Quincy Site near Mason. On 

August 1, 1990 nine more samples were 

collected from drums located above the 

Tamarack Site near Tamarack City. 

Based on the results of these samples, 

EPA determined that some of these 

drums may have contained hazardous 

substances. During the week of May 8, 

1989 EPA also conducted ground 

penetrating radar and a sub bottom 

profile (seismic) survey of the bottom of 

Torch Lake. The area in which this 

survey was conducted is immediately 

off-shore from the Old Calumet and 

Hecla Smelting Mill Site. The survey 

located several point targets (possibly 

drums) on the bottom of Torch Lake. 

Due to the size and complex nature of 

the Site, six OUs have been defined for 

the Site. OU1, OU2 and OU3 are the 

remedial OUs; and OU4, OU5 and OU6 

are the removal OUs. OU1 includes 

surface tailings, drums, and slag piles 

on the western shore of Torch Lake. 

Approximately 500 acres of tailings 

were previously exposed surficially in 

OU1. The Hubbell/Tamarack Tailings, 

the Lake Linden Tailings and Mason 

Sands parcels are included in OU1. OU2 

includes groundwater, surface water, 

submerged tailings and sediment in 

Torch Lake, Portage Lake, the Portage 

channel, and other surface water bodies 

at the Site. OU3 includes the North 

Entry of Lake Superior Tailings, 

Michigan Smelter Tailings, Quincy 

Smelter Tailings, Calumet Lake Tailings, 

Isle Royale Tailings, Boston Pond 

Tailings, and Grosse-Point (Point Mills) 

Tailings, and Dollar Bay Tailings. 

Remedial Investigations have been 

completed for all six OUs. The RI for 

OUs 1 and 3 only investigated the 

surface (0–6 inches) and shallow 

subsurface (0–3 feet) stamp sands. In 

addition, the RI assumed that the stamp 

sands were homogenous, i.e., the stamp 

sands had similar characteristics 

wherever they were located. 

The sampling performed to 

characterize the OU3 and OU1 tailings 

was adequate to select the Torch Lake 

Site remedial action based on the 

homogeneity of the parameters 

measured, the distribution of 

contaminant compounds, and the 

relatively low levels of contaminants 

found. While hot spot contamination 

may exist, it is not attributable to 

tailings composition, and could not be 

reliably located or predicted using any 

reasonable sampling program. The RI 

and Baseline Risk Assessment (BRA) 

reports for OU1 were finalized in July 

1991. The RI and BRA reports for OU3 

were finalized on February 7, 1992. 

Record of Decision Findings 

The Record of Decision (ROD) for 

OU1 and OU3 was signed on September 

30, 1992; and the ROD for OU2 was 

signed on March 31, 1994. 

Operable Unit 1 and Operable Unit 3 

ROD (September 30, 1992) 

The selected remedial action for the 

various tailings areas was a soil and 

vegetative cover, and deed restrictions 

to control the migration of tailing piles. 

The cover prevents direct contact 

exposures as well as prevents erosion 

from surface water runoff and the wind. 

The cover helps prevent the further 

degradation of Torch Lake’s eco-system, 

allowing the Lake to recover over time. 

The RAOs for OU1 and OU3 were 

developed as a result of data collected 

during the RI and included activities to 

reduce or minimize the exposure to and 

release of contaminants in tailings and/ 

or slag located at the Site. These 

include: 

1. Reduce or minimize potential risks 

to human health associated with the 

inhalation of airborne contaminants 

from the tailings and/or slag located at 

the Site; 

2. Reduce or minimize potential risks 

to human health associated with direct 

contact with and/or the ingestion of the 

tailings and/or the slag located at the 

Site; 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64753 

3. Reduce or minimize the release of 

contaminants in tailings to the 

groundwater through leaching; and 

4. Reduce or minimize the release of 

contaminants in tailings to the surface 

water and sediment by soil erosion and/ 

or air deposition. 

All of the RAOs for the Torch Lake 

parcels in this deletion package have 

been met with the successful 

implementation of a vegetative cover 

over the stamp sands, tailing piles, and 

slag materials and with the 

implementation of deed restrictions 

which prevent disturbance of the 

vegetative covers. The vegetative soil 

cover reduces airborne and direct 

contact exposure to the contaminants in 

the stamp sands, tailings, and slag. The 

affected groundwater is part of OU2, for 

which the selected remedy was no 

action. OU2 was deleted from the NPL 

in 2002 and since the selected remedy 

for groundwater was no action, the 

reduction or minimization of the release 

of contaminants in tailings to the 

groundwater through leaching does not 

apply to OU’s 1 and 3. The vegetative 

soil cover serves to stabilize the stamp 

sands, tailings, and slag and reduce the 

erosion of these materials and their 

associated contaminants to the surface 

water and sediment. 

A 12 acre portion of the Isle Royale 

tailings in OU3 was excluded from the 

area to be covered with soil and 

vegetation because it was developed as 

a sewage treatment facility. The 

remaining 48 acres was covered with 

soil and vegetation by the Portage Lake 

Water and Sewage Authority as part of 

the sewage treatment facility 

development plan. 

A 90 acre portion of the Isle Royale 

Tailings was developed as a residential 

area and was excluded from the area to 

be covered with soil and vegetation. 

A 60 acre area of the Isle Royale 

Tailings portion is currently being used 

to make cement blocks and as a finished 

block storage area for the Superior Block 

Company and was excluded from the 

area to be covered with soil and 

vegetation. The owner and/or operator 

of Superior Block Company must use 

dust control measures such as water 

spray during the operation of mining 

and other activities in order to reduce 

the release of dust into the air. 

Operable Unit 2 ROD (March 31, 1994) 

The selected remedy for OU2 

(groundwater, surface water and 

sediments associated with the Site), 

which is not the focus of this partial 

deletion, was ‘‘No Action’’ with longterm monitoring and Institutional 

Controls with respect to groundwater 

use. OU2 is impacted by OU1 and OU3 

because wind-blown and eroded tailings 

from OU1 and OU3 migrate into the 

surface water and contaminate the 

sediment. The contaminated stamp sand 

serves as a continuing source of 

environmentally harmful contamination 

to the Lake and diminished the 

effectiveness of the Lake’s natural 

sedimentation process. 

Remedial Design 

In August 1994, an Interagency 

Agreement (IAG) was signed with the 

United States Department of Agriculture 

(USDA)-Natural Resources Conservation 

Service (NRCS) to perform remedial 

design (RD) work. The RD was 

conducted in conformance with the 

1992 ROD and was completed for the 

entire Site in September 1998. 

Construction Activities 

Actual on-site construction began in 

June 1999 and was completed in 

September 2005. A Preliminary CloseOut Report (PCOR) documenting 

construction completion was signed on 

September 23, 2005. 

Operable Unit 1 

Mason Sands Tailings (225 acres 

covered) were covered in October 2002. 

Just prior to on-site construction 

activities at Mason Sands, the USDA– 

NRCS commissioned Michigan 

Technological University to conduct an 

archaeological survey to evaluate and 

document the cultural remnants at the 

Mason Sands portion of the Site. This 

was done because of the numerous 

historical mining and milling related 

relics located around the Mason area 

and the concern over losing important 

cultural remnants as a result of remedy 

implementation. The results of the 

survey were presented in a report dated 

May 2001, ‘‘Archeological Survey 

Report of the Quincy Mining Company 

Torch Lake Smelter & Reclamation 

Plant at Mason Sands Torch Lake EPA 

Superfund Site’’, which was filed in the 

EPA’s Torch Lake Site Administrative 

Record. The May 2001 report concluded 

that implementation of the remedy at 

the Mason Sands portion of the Site 

would have only a minor negative 

impact on cultural and historical values, 

and therefore, EPA proceeded with 

remedy implementation. 

The remedial design specifications 

were modified during the 

implementation phase and sandy soil, 

consisting of six to ten inches of sandyloam soil and a vegetative mat were 

used in place of topsoil. The vegetative 

mat was achieved through a seed mix 

applied directly on top of the sandyloam soil. The seed mix was typically 

applied at approximately 90 pounds per 

acre. The typical seed mix contained six 

species of plants, including perennial 

ryegrass (Lolium perene), tall fescue 

(Festuca arundinacea), creeping red 

fescue (Festica rubra), red clover 

(Trifolium pratense), alfalfa (vernal 

Medicago falcata), and birdsfoot trefoil 

(Lotus comiculatus). This mix of plant 

species was selected because of their 

rapid growth rate and relative resilience 

with minimal maintenance. Rapid 

stabilization of the soil cover material 

with vegetation was important at the 

Site in order to avoid soil washouts and 

to accommodate the short growing 

season. Variations of this seed mix were 

applied to a small number of areas to 

accommodate landowner preference. 

Overall, the vegetative growth is well 

established and is stabilizing the soil 

portion of the cover material. 

The sandy-loam borrow soil was 

located and obtained by construction 

firms under contract with the USDA– 

NRCS to implement the remedy and met 

modified USDA–NRCS soil 

specifications. Borrow soils for Mason 

Sands were obtained directly across the 

narrow Torch Lake channel located on 

the south-east shore of the Mason 

Sands. Remedial action construction 

activities were performed according to 

approved design and specifications at 

Mason Sands and it is anticipated that 

the cover material and shoreline 

protection will continue to meet 

remedial action objectives established 

for the Site. 

Operable Unit 2 

No physical work was required as part 

of the OU2 No Action ROD, thus there 

were no construction activities for this 

OU. EPA deleted OU2 in the April 2002 

partial NPL delisting. 

Operable Unit 3 

Remedial action construction 

activities were performed according to 

approved design and specifications at 

Michigan Smelter Tailings. The 1992 

ROD for OU1and OU3 designated some 

exceptions to the soil cover for the Isle 

Royale Tailings area. Theses exceptions 

included portions that were being 

developed or used for other purposes. 

Areas that were covered continued the 

same soil and seed mix as used in OU1. 

In 2004, EPA completed the remedy at 

the Isle Royale Tailings by placing a 6- 

inch vegetative cover over area stamp 

sands and placing rip-rap along the 

shoreline of the area. The change to 

include rip-rap was documented in a 

Memo to the File dated July 7, 2004. 

Institutional Controls 

In 1994, EPA issued an 

Administrative Order on Consent (AOC) 


tkelley on DSK3SPTVN1PROD with RULES
64754 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

to all affected landowners requiring 

them, within six months of the AOC, to 

implement the appropriate deed 

restriction on their property. The deed 

restrictions run with the land and bind 

future owners to the restrictions. The 

institutional controls serve to protect 

vegetative cover and thus prevent 

residual mining contamination from 

entering surface water by ensuring that 

no disturbance of vegetative cover 

occurs; or if disturbance occurs, the 

owner is required to replace soil and 

repair vegetative cover. There are 

Restrictive Covenants on approximately 

half of the properties at the Site, which 

include the Michigan Smelter Tailings 

property. The Declaration of Restrictive 

Covenants for Isle Royale Tailings was 

signed on October 14, 2008. The 

following restriction applies; ‘‘If during 

the process of any development, 

building, construction, or other activity 

on the property by or with consent from 

the owner of the property, the cover is 

disturbed so that upon completion of 

the development, construction, building 

or other activity stamp sand is exposed, 

then the owner of the property shall 

cover the exposed stamp sand and shall 

re-vegetate the re-covered area’’. 

Cleanup Goals 

The objectives of the remedies were to 

control exposures to Site contaminants 

and control erosion of stamp sands, 

tailings and slag to the surface water 

and sediments by covering them with 

vegetation. The remedial actions at Isle 

Royale Tailings, Michigan Smelter 

Tailings, and Mason Sands Tailings are 

operational and functional. The 

remedial actions are functioning 

properly and performing as designed. 

Operation and Maintenance (O&M) 

EPA conducted activities necessary to 

ensure that the implemented remedy at 

Isle Royale Tailings, Michigan Smelter 

Tailings, and Mason Sands was 

operational and functional for a period 

up to three years after remedial 

construction at the last parcel. The 

remedy was jointly determined by EPA 

and MDEQ to be functioning properly 

and performing as designed in 

September 2008. EPA conducted annual 

observations of the remediated areas for 

three years after construction, and 

conducted major repairs as necessary, 

on each area where the remedy was 

implemented. 

In 2002, EPA conducted a study of 

terrestrial environments at the Site to 

characterize and document the 

ecological conditions of the tailing areas 

before and after implementation of the 

remedy. The results of the study were 

presented in the Torch Lake Stamp 

Sand Evaluation Report dated March 

2003. The report indicated a significant 

environmental improvement. The soil 

and vegetative cover has resulted in the 

development of a soil stabilizing plant 

community and habitat which has 

attracted birds and mammals. 

In 1999 and 2000, as part of long-term 

monitoring, EPA conducted 

environmental sampling as a way to 

establish the environmental baseline 

conditions of Torch Lake. The results of 

the sampling efforts are presented in the 

Baseline Study Report dated August 

2001. Future long-term monitoring 

events will be conducted by MDEQ and 

the results compared to the 2001 

baseline study to identify changes and/ 

or establish trends in lake conditions. 

MDEQ has had the lead for OU2 

monitoring since 2002, when OU2 was 

deleted from the NPL. 

In 2004, MDEQ conducted sampling 

activities for monitoring of Torch Lake. 

The monitoring was undertaken to 

document and measure the status of 

natural recovery of the Lake following 

remedial actions. The 2004 sampling 

work included assessing the benthic 

community populations, measuring 

sediment toxicity to benthic 

invertebrates, measuring concentrations 

of metals and semi-volatile organic 

compounds in sediment and 

groundwater, and studying the 

sedimentation process in lake 

sediments. The 2004 MDEQ long-term 

monitoring data includes reports with 

information relevant to sedimentation 

rates and sediment toxicity. 

MDEQ will be conducting O&M of the 

shoreline protection and cover material. 

In accordance with the September 1998 

Superfund Site Contract (SSC) signed by 

EPA and MDEQ, O&M was to begin 

three years after the remedy 

implementation or when the remedy 

was jointly determined by EPA and 

MDEQ to be functioning properly as 

designed, whichever is earlier. This 

milestone was reached in September 

2008 for Isle Royale Tailings, Michigan 

Smelter Tailings, and Mason Sands 

Tailings; along with several other Torch 

Lake property parcels. 

Five-Year Review (FYR) 

EPA conducted FYRs of the Site in 

2003 and 2008. In the reviews, EPA 

concluded that all remedial actions are 

complete. The 2008 FYR noted that the 

Isle Royale, Michigan Smelter Tailings 

and Mason Sands remedies are 

protective of human health and the 

environment in the short-term. The 

2008 FYR calls for continued 

documentation from landowners at the 

Site to verify proper deed restrictions 

are in place. The next FYR will be 

conducted in 2013. 

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 Partial Deletion 

of this Site from the NPL, are available 

to the public in the information 

repositories, and at 

www.regulations.gov. Documents in the 

docket include maps which identify the 

specific parcels of land that are 

proposed in this Notice (Isle-Royale 

Tailings, Michigan Smelter Tailings, 

and Mason Sands). Additional 

community outreach will be conducted 

to ensure the transparency of the 

deletion process; to increase awareness 

of potential non-Site related 

environmental issues near the deleted 

parcels; and to help the community 

understand exactly where the deleted 

portions of the Torch Lake Site are 

located. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that portions of 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 no further action is 

appropriate. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Michigan, through MDEQ, has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring and five-year reviews, have 

been completed. Therefore, EPA is 

deleting the Isle Royale Tailings and 

Michigan Smelter Tailings parcels of 

OU3 and the Mason Sands Tailings 

parcel of OU1 of the Torch Lake 

Superfund 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 December 24, 

2012 unless EPA receives adverse 

comments by November 23, 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 partial deletion 

before the effective date of the partial 

deletion and it will not take effect. EPA 

may prepare a response to comments 

and continue with the deletion process 

on the basis of the notice of intent to 

partially delete and the comments 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64755 

already received. In such case, 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: September 19, 2012. 

Susan Hedman, 

Regional Administrator, U.S. EPA, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 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] 

■ 2. In table 1 of Appendix B to part 

300, under Michigan ‘‘MI’’, the entry for 

‘‘Torch Lake’’, ‘‘Houghton County, 

Michigan’’ is revised to read as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/County (Notes) thnsp;a

*******

MI ............................................................ Torch Lake ............................................. Houghton ................................................ P 

* * * * * * * 

(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be >28.50). 

* * * * * * * 

P = Sites with partial deletion(s). 

[FR Doc. 2012–25968 Filed 10–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412, 413, and 495 

[CMS–0044–CN2] 

RIN–0938–AQ84 

Medicare and Medicaid Programs; 

Electronic Health Record Incentive 

Program—Stage 2; Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors and typographical 

errors in the final rule entitled 

‘‘Medicare and Medicaid Programs; 

Electronic Health Record Incentive 

Program—Stage 2’’ which appeared in 

the September 4, 2012 issue of the 

Federal Register. 

DATES: Effective Date: This document is 

effective on November 12, 2012, except 

that the correction to instruction 8.NN 

(77 FR 54149) is effective October 23, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Travis Broome, (214) 767–4450. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–21050 of September 

4, 2012 (77 FR 53968), the final rule 

entitled ‘‘Medicare and Medicaid 

Programs; Electronic Health Record 

Incentive Program—Stage 2’’ there were 

a number of technical errors and 

typographical errors that are identified 

in the Summary of Errors section and 

corrected in the Correction of Errors 

section. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 54041 in our response to a 

public comment regarding the 

meaningful use objective ‘‘provide 

structured electronic lab results to 

eligible professionals,’’ we inadvertently 

did not replace a placeholder ‘‘ONC 

reference once available’’ with the 

reference when it became available. 

On page 54051, in our discussion of 

the submission period for electronic 

submissions, we inadvertently omitted 

references to the applicable provider or 

supplier (that is, eligible professional 

(EP), eligible hospital, and critical 

access hospital) that has to meet the 

calendar year or fiscal year submission 

period requirements. Also on this page 

in the footnote following Table 5, we 

made errors in our description of the 

providers and suppliers that are in the 

first year of demonstrating meaningful 

use for purposes of avoiding a payment 

adjustment. 

On page 54052 in our response to 

public comments regarding the 

transition to electronic health record 

(EHR) technology certified to the 2014 

Edition EHR certification criteria, we 

inadvertently omitted certain CQMs that 

we included in the Stage 1 final rule but 

are not finalizing in the Stage 2 final 

rule for reporting beginning in CY 2014 

after consideration of the public 

comments. Also on this page, in another 

response to public comments regarding 

2011 Edition of EHR certification 

criteria, we made a grammatical error. 

On page 54053, we inadvertently 

omitted certain CQMs that would be 

excluded from an EP’s option of 

reporting in the Stage 1 final rule. 

On pages 54044, 54055, 54056, 54058, 

54068, 54079, 54081, and 54120, we 

made inadvertent errors in the 

numbering and referencing of several 

tables. 

On page 54056, we made inadvertent 

errors in specifying the providers and 

suppliers that would receive the annual 

fiscal or calendar year updates to the 

clinical quality measure (CQM) 

specifications. 

On pages 54069, 54072, and 54073, in 

Table 8—CQMs Finalized for Medicare 

and Medicaid EPs Beginning with CY 

2014, we made several typographical 

and technical errors in the titles/ 

descriptions of several CQMs. We also 

made typographical errors in 

referencing the footnotes for CQM 0418. 

B. Summary of Errors in the Regulations 

Text 

On page 54149, we made a technical 

error in an amendatory statement (NN) 


tkelley on DSK3SPTVN1PROD with RULES