[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38774-38776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6718-4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and request for comments.

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SUMMARY: EPA Region 5 announces the Partial Deletion of the Motor Wheel 
Disposal Superfund Site from the National Priorities List (NPL) and 
requests public comment on this action. Specifically, 3.45 acres of 
land would be deleted from the Site. The NPL constitutes Appendix B of 
40 CFR part 300 to 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 of 1980 (CERCLA), as amended. EPA is taking this action 
because the Remedial Investigation (RI) has shown that the release 
poses no significant threat to public health or the environment and, 
therefore, remedial measures are not appropriate for the 3.45 acres of 
land. EPA, in consultation with the State of Michigan, has determined 
that no further response is appropriate. Moreover, EPA and the State 
have determined that remedial activities conducted at the 3.45 acres of 
land to date have been protective of public health, welfare, and the 
environment.

DATES: This ``direct final'' action will be effective August 21, 2000 
unless U.S. EPA receives dissenting comments by July 24, 2000. If 
written dissenting comments are received, EPA will publish a timely 
withdrawal of the rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region 5 77 W. Jackson 
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region 5 office and at the local information 
repository located at: The Lansing Public Library, Reference Section, 
401 Capital Ave., Lansing, MI 48933. Requests for comprehensive copies 
of documents should be directed formally to the Region 5 Docket Office. 
The address and phone number for the Regional Docket Officer is Jan 
Pfundheller (H-7J), U.S. EPA, Region 5, 77 W. Jackson Blvd., Chicago, 
IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Heather Nelson, Remedial Project 
Manager, at (312) 353-0685 (SR-6J), or Gladys Beard, Associate Remedial 
Project Manager, Superfund Division (SR-6J), U.S. EPA, Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Jennifer Ostermeier 
(P-19J), Office of Public Affairs, U.S. EPA, Region 5 77 W. Jackson 
Blvd.,Chicago, IL 60604, (312) 353-0618.

SUPPLEMENTARY INFORMATION:

[[Page 38775]]

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Action

I. Introduction

    EPA Region 5 announces the deletion of 3.45 acres of the Motor 
Wheel Disposal Superfund Site from the National Priorities List (NPL), 
appendix B of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR part 300. EPA identifies sites that 
appear to present a significant risk to public health, welfare and the 
environment, and maintains the NPL as the list of those sites. Sites on 
the NPL may be the subject of remedial actions that the Hazardous 
Substance Superfund Response Trust Fund (Fund) finances. Under 
Sec. 300.425(e)(3) of the NCP, any site or portion of site deleted from 
the NPL remains eligible for Fund-financed remedial actions if the 
conditions at the site warrant such action.
    EPA will accept comments on this proposal for thirty (30) days 
after publication of this document in the Federal Register.
    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 history of this site and 
explains how a portion of the Site meets the deletion criteria. Section 
V states EPA's prospective action of deleting a portion of the Site 
from the NPL unless dissenting comments are received during the comment 
period.
    Deletion or partial deletion of sites from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Furthermore, deletion 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 in Agency 
management.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that Sites may be deleted 
from, or recategorized on, the NPL where no further response is 
appropriate. In making a determination to delete a release from the 
NPL, EPA shall consider, in consultation with the state, whether any of 
the following criteria have been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The Remedial Investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, remedial measures are not appropriate.

III. Deletion Procedures

    The following procedures were followed before the proposed partial 
deletion of this Site from the NPL: (1) The RI has shown that the 3.45 
acres of the Motor Wheel Disposal Site poses no significant threat and 
therefore, remedial measures are not appropriate; (2) the State of 
Michigan has concurred with the proposed deletion decision; (3) a 
notice has been published in the local newspaper and has been 
distributed to appropriate federal, state, and local officials and 
other interested parties announcing the commencement of a 30-day 
dissenting public comment period on EPA's Direct Final Action for 
Partial Deletion; and, (4) all relevant documents have been made 
available for public review in the local Site information repositories. 
EPA is requesting only dissenting comments on the Direct Final Action 
for Partial Deletion.
    For partial deletion of the Site, EPA's Regional Office will accept 
and evaluate public comments on EPA's Final Notice. If necessary, the 
Agency will prepare a Responsiveness Summary, responding to each 
significant comment submitted during the public comment period. As 
stated in section I above, deletion or partial deletion of the Site 
from the NPL does not itself create, alter, or revoke any individual's 
rights of obligations. The NPL is designed primarily for informational 
purposes and to assist Agency management.

IV. Basis for Intended Partial Site Deletion

    Motor Wheel is a 24-acre site located on the northeast edge of the 
City of Lansing within the NE \1/4\,SW \1/4\, section 3 of Lansing 
Township (T.4N., R.2W.), Ingham County, Michigan. The Site is bordered 
by abandoned Michigan Central Railroad tracks to the west and north, by 
the W.R. Grace & Co. plant (formerly Michigan Fertilizer Company) to 
the south, and by the Lansing/Lansing Township boundary to the east.
    The property was used by Motor Wheel Corporation as a disposal site 
for industrial wastes from 1938 until about 1978. The types of disposed 
wastes included, solid and liquid industrial wastes, including paints, 
solvents, liquid acids and caustics, sludges and other wastes. Wastes 
were disposed of on the property in tanks, barrels, and seepage pond 
areas for off-site disposal.
    In December of 1982 there was a removal of three 10,000 gallon 
tanks and their contents, and degraded fill material from several 
locations on the Site. At the Motor Wheel Disposal Site, the RI has 
shown that the 3.45 acres are no threat to public health or the 
environment. The three tanks and approximately 800 cubic yards of 
contaminated soil and fill surrounding them, and approximately 350 
cubic yards of fill material containing an unknown number of drums, 
were disposed of off site.
    All operations at the Site were discontinued in 1987. The entire 
Site is currently inactive. MSV & Associates, which purchased the Site 
in 1978 and mined sand and gravel in the northeast portion of the 
property until 1987, is the current owner of the property. The key 
surface feature of the Site, the sand and gravel pit extending over the 
northern portion of the Site, is the result of earlier quarrying 
activities. The pit area, excavated to a depth of 50 feet, has 
relatively steep sided walls and a slope ranging from 2:1 
(horizontal:vertical) to near vertical. There are several small ponds 
in the eastern part of the pit bottom.

Remedial Construction Activities

    EPA issued a ROD September 30, 1991 selecting a remedy that 
includes the following major elements:
    <bullet> Construction of a landfill cap in the area of waste 
disposal.
    <bullet>  Construction and operation of a collection system to 
contain and extract ground water contaminated by Site related hazardous 
constituents.
    <bullet> Construction and operation of a treatment plant to treat 
contaminated ground water prior to surface discharge.
    Design of the multimedia cap, which covers the entire fill area is 
based on the specifications of Michigan Act 64. The cap also meets and 
exceeds the requirements for a RCRA subtitle C cap. The cap covers 
about 11.3 acres of waste area including additional backfilled areas 
which are necessary to maintain the cap's integrity. The capped area 
totals about 14.9 acres. The capped area is fenced to restrict access. 
The 3.45 acres are located outside of the capped area. The Site is 
defined as the parcel of land in the East \1/2\ of the Southwest \1/4\ 
of section 3, T4N, R2W, City of Lansing, Ingham County, Michigan; the 
boundary of said parcel being described as commencing at the South \1/
4\ Corner of section 3, T4N, R2W, Michigan Meridian; thence N 
00 deg.00'01" W, along

[[Page 38776]]

the North-South \1/4\ line of said Section, 1310.21 feet to the 
centerline of Lake Lansing Road and to the point of beginning; thence S 
48 deg.58'00" W, along the centerline of Lake Lansing Road, 9.46 feet; 
thence S 89 deg.46'42" W, along the North line of the Plat of Park 
Manor Heights, 224,75 feet; thence N 18 deg.44'17" 100.00 feet; thence 
N 08 deg.10'31" W, 7097 feet; thence N 02 deg.35'23" W, 379.08 feet; 
thence N 88 deg.30'21" E, 291.32 feet; thence S 00 deg.00'01" E, along 
the North-South \1/4\ line of said section, 544.16 feet to the point of 
beginning; said parcel contains the 3.45 acres of land which is 
intended for deletion.
    The ROD, based on information provided in the Remedial 
Investigation (RI), included a provision for the collection and 
treatment of contaminated groundwater from an on-site perched aquifer 
and from the glacial aquifer below and in the near vicinity of the 
Site. The ROD also indicated the potential for additional remediation 
to address any contamination which may have entered the bedrock 
aquifer.
    A special notice letter was issued to the PRP's on December 10, 
1991. The negotiations which followed the PRP's good faith offer, 
resulted in an agreement to proceed with a Remedial Design (RD) under 
an Administrative Order on Consent (May 26, 1992); a letter of intent 
from PRP's to enter into the negotiated Remedial Action (RA) Consent 
Decree; and extension of the moratorium to accommodate the Respondents 
desire to resolve internal allocation issues through arbitration prior 
to signing the Consent Decree. This agreement also included the PRP's 
declared intention to continue investigation of water quality in the 
bedrock aquifer and to address contamination in the bedrock aquifer, if 
any, in this action. The RA Consent Decree was entered April 22, 1994.
    Groundwater investigations conducted in conjunction with pre-design 
studies indicated a more extensive area of groundwater contamination 
within the glacial aquifer extending about 7200 feet down gradient from 
the Site and geologic conditions which showed a potential pathway for 
migration of contaminants from the glacial to the bedrock aquifer.
    An additional investigation of water quality in the bedrock aquifer 
was also a part of the predesign study. Results of this investigation 
summarized in The Investigation of the Saginaw Aquifer at the Motor 
Wheel Disposal Site, November 1996 indicated that levels of some site 
related contaminants in the bedrock aquifer exceed drinking water 
standards. On the basis of this information the design of the 
groundwater collection and treatment system was expanded to accommodate 
the expected volume from the bedrock aquifer. The RI did not show 
contaminated groundwater beneath the 3.45 acres.
    The RD conducted in accordance with the ROD and the approved RD 
Work Plan was approved by EPA and the RA was formally initiated by PRP 
contractors July 25, 1997. All remedial activities were conducted as 
planned. EPA and the State conducted pre-final inspections. The 
inspection report includes a description and a schedule for correcting 
minor construction items by the PRP contractor. EPA and the State 
determined that the following RA activities were completed according to 
ROD design specifications:
    <bullet> Construction of an engineered cap which meets applicable 
or relevant and appropriate requirements over the on-site waste 
disposal area;
    <bullet> Construction of an extraction and collection system to 
contain groundwater in the perched, glacial and bedrock aquifers which 
contain site related hazardous constituents;
    <bullet> Construction of an on-site facility for treatment of 
contaminated groundwater; and
    <bullet> Construction of a main system for discharge of treated 
groundwater.
    The groundwater extraction and treatment system began operation 
November 20, 1997 and is scheduled to continue until cleanup standards 
have been achieved.

V. Action

    EPA, with the State of Michigan concurrence, has determined that no 
responses are necessary at the 3.45 acres which comprise a portion of 
the Motor Wheel Disposal Site, and no further CERCLA response is 
appropriate or necessary in order to provide protection of human health 
and the environment other than the ongoing inspection, maintenance and 
monitoring activities. Therefore, EPA is deleting that portion of the 
Site which is comprised of 3.45 acres from the NPL.
    This action will be effective August 21, 2000. However, if EPA 
receives dissenting comments by July 24, 2000, EPA will publish a 
timely withdrawal of the rule in the Federal Register informing the 
public that the rule will not take effect.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: June 7, 2000.
Robert Springer,
Acting Regional Administrator, Region 5.

    Part 300, Title 40 of Chapter 1 of the Code of Federal Regulations 
is amended as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 300 continues to read as 
follows:

    Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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. Table 1 of appendix B to part 300 is amended by removing the 
entry for Motor Wheel, Inc., Lansing, MI.

[FR Doc. 00-15388 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-P