Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 67777 

and TFNG, N-(4- 

trifluoromethylnicotinoyl)glycine, 

calculated as the stoichiometric 

equivalent of flonicamid, in or on the 

following commodities. 

Commodity Parts per 

million 

Berry, low growing, subgroup 

13–07G ............................. 1.5 

* * * * * 

Cucumber ............................. 1.5 

* * * * * 

Rapeseed subgroup 20A ...... 1.5 

* * * * * 

Vegetable, cucurbit, group 9, 

except cucumber ............... 0.4 

* * * * * 

(2) Tolerances are established for the 

residues of the insecticide flonicamid, 

including its metabolites and 

degradates, in or on the commodities in 

the table below. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only the sum 

of flonicamid, N-(cyanomethyl)-4- 

(trifluoromethyl)-3- 

pyridinecarboxamide, and its 

metabolites, TFNA (4- 

trifluoromethylnicotinic acid), and 

TFNA–AM (4- 

trifluoromethylnicotinamide), 

calculated as the Stoichiometric 

equivalent of flonicamid, in or on the 

following commodities. 

* * * * * 

[FR Doc. 2012–27702 Filed 11–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL 9751–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List Deletion of the Waste 

Management of Michigan-Holland 

Lagoons Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct Final Rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 5 is 

publishing a direct final Notice of 

Deletion of the Waste Management of 

Michigan-Holland Lagoons Superfund 

Site (Site), located in Ottawa County, 

Michigan from the National Priorities 

List (NPL). The NPL, promulgated 

pursuant to Section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Michigan, through the Michigan 

Department of Environmental Quality 

(MDEQ), because EPA has determined 

that all appropriate response actions 

under CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final rule is effective 

January 14, 2013 unless EPA receives 

adverse comments by December 14, 

2012. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• Email: Gladys Beard, NPL Deletion 

Process Manager, at 

beard.gladys@epa.gov or Dave Novak, 

Community Involvement Coordinator, at 

novak.dave@epa.gov. 

• Fax: Gladys Beard, NPL Deletion 

Process Manager, at (312) 697–2077. 

• Mail: Gladys Beard, NPL Deletion 

Process Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–7253; or Dave Novak, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 886–7478 or 

(800) 621–8431. 

• Hand delivery: Dave Novak, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

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

CST, excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1986– 

0005. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available on-line at 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 

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: 

• U.S. Environmental Protection 

Agency-Region 5, 77 West Jackson 

Boulevard, Chicago, IL 60604, Phone: 

(312) 353–1063. Hours: Monday through 

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

excluding Federal holidays. 

• Herrick District Library, 303 South 

River Avenue, Holland, MI 49423, 

Phone: (616) 355–3100. Hours: Monday 

through Tuesday, 9:00 a.m. to 9:00 p.m. 

EST; Wednesday through Friday, 9:00 

a.m. to 6:00 p.m. EST. 

FOR FURTHER INFORMATION CONTACT: 

Gladys Beard, NPL Deletion Process 

Manager, U.S. Environmental Protection 

Agency (SR–6J), 77 West Jackson 


emcdonald on DSK67QTVN1PROD with RULES
67778 Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 

Boulevard, Chicago, IL 60604, (312) 

886–7253, or beard.gladys@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 5 is publishing this direct 

final Notice of Deletion of the Waste 

Management of Michigan-Holland 

Lagoons Superfund Site (Holland 

Lagoons Site) from the National 

Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR Part 

300, which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective January 14, 2013 

unless EPA receives adverse comments 

by December 14, 2012. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 

Delete in the ‘‘Proposed Rules’’ section 

of this issue of the Federal Register. If 

adverse comments are received within 

the 30-day public comment period on 

this deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Holland Lagoons Site 

and demonstrates how it meets the 

deletion criteria. Section V discusses 

EPA’s action to delete the Site from the 

NPL unless adverse comments are 

received during the public comment 

period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the State, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Michigan prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the State 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the State, through MDEQ, has 

concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

the Holland Sentinel Newspaper. The 

newspaper notice announces the 30-day 

public comment period concerning the 

Notice of Intent to Delete the Site from 

the NPL. 

(4) EPA placed copies of documents 

supporting the proposed deletion in the 

deletion docket and made these items 

available for public inspection and 

copying at the Site information 

repositories identified above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL. 

Site Background and History 

The Holland Lagoons Site (CERCLIS 

ID# MID060179587) is located at 2700 

North 168th Avenue, between Riley and 

James Streets, in unincorporated Park 

Township, near Holland, Michigan. The 

Site is an 80-acre property located about 

0.5 miles from the eastern shore of Lake 

Michigan in Ottawa County. The Site 

consists of a site entrance, former lagoon 

area, dewatering lagoons, former landfill 

area, a haul road on the eastern half of 

the Site, and an office/maintenance 

garage building. The area around the 

Site consists of mixed residential, 

recreational, and agricultural use. 

Properties adjoining the Holland 

Lagoons Site include the Riley Road 

Recreational Area, several small 

subdivisions of homes, privately held 

parcels, and a blueberry field to the 

southeast. The Southwest Ottawa 

County Landfill (SWOCLF) Superfund 

Site is adjacent to, northeast, and 

upgradient of the Holland Lagoons Site. 

The SWOCLF Site is a state-lead 

enforcement site. A groundwater plume 

migrating from the SWOCLF Site 

impacts the groundwater southwest and 

downgradient of the county landfill, 

including groundwater beneath the 

Holland Lagoons Site. 

The Holland Lagoons Site was 

operated by Jacobusse Refuse Service 

Company as a municipal garbage dump, 

liquid waste dewatering facility, and 

headquarters for its hauling company 

from the mid 1940’s until 1977. The 

company was purchased by Refuse 

Services, Inc., in 1972 and the name was 

changed to Holland Lagoons. Refuse 

Services, Inc., merged into Michigan 

Waste Systems, Inc. in 1973 and 

Michigan Waste Systems, Inc. 

subsequently changed its name to Waste 

Management of Michigan, Inc. (WMMI). 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 67779 

A portion of the Site was originally 

used for the disposal of vegetable 

pickling waste, apple pulp, digester 

sludge, barrels of spent extracts, brine, 

the dewatering of liquid industrial 

wastes, including aluminum and metal 

hydroxide wastes, and wastewater 

treatment plant sludge. Disposal 

occurred in up to as many as nine 

dewatering lagoons located in the north 

central area of the Site. The dewatering 

of metallic wastes using these lagoons 

ceased in October 1977. Permits 

indicate that Jacobusse discontinued 

disposal of all liquid waste at the Site 

in 1980. In addition, the southwest area 

of the Site was used for the temporary 

burial of drums of chloral hydrate, 

which were removed in 1980. 

Municipal refuse was hauled to a 

landfill located in the south central area 

of the Site from 1957 to 1964. The 

landfill operated as an open burning 

dump and the northwest corner of the 

Site was used as a maintenance facility 

for the Jacobusse fleet of trucks. 

The Thomas residential well, located 

due west of the Site, was discovered to 

be contaminated with trichloroethylene 

(TCE) in 1970. The TCE was suspected 

to have migrated from the Holland 

Lagoons Site. The continued presence of 

elevated concentrations of TCE was 

confirmed in a Michigan Department of 

Natural Resources (MDNR) follow-up 

sampling event in 1979. Park Township 

began to hook up residences located 

within the vicinity of the Holland 

Lagoons Site, including the Thomas 

residence, to the expanded municipal 

water supply line by 1984. The county 

and township continued to hook up 

residences downgradient of the Holland 

Lagoons and SWOCLF Sites into the 

expanded municipal water supply 

system. The Holland Lagoons Site was 

proposed to the NPL on October 15, 

1984 (49 FR 40320) and finalized on the 

NPL on June 10, 1986 (51 FR 21099). 

From 1993 through 1997, EPA and 

MDEQ (formerly a part of MDNR) held 

discussions to allow NPL sites with a 

state-lead enforcement designation to 

follow the Remedial Action Plan 

process in Part 201 of the Michigan 

Natural Resources and Environmental 

Protection Act (NREPA). The EPA and 

MDEQ signed a Memorandum of 

Agreement in 1997 for the Holland 

Lagoons Site. 

Remedial Investigation and Feasibility 

Study 

In 1994, the MDNR and WMMI 

entered into an Administrative Order by 

Consent (AOC) for Response Activities 

for WMMI to undertake a Remedial 

Investigation/Feasibility Study (RI/FS) 

at the Site. In addition to actions taken 

earlier, WMMI removed four 

underground storage tanks from within 

the truck maintenance area in 1985. 

Concurrent with the RI, WMMI 

performed an Interim Response Action 

(IRA) at the Site by excavating 

discolored soils plausibly contaminated 

with heavy metals on the haul road and 

from other on-site areas and to remove 

general surface debris from the Site. 

WMMI also excavated the former 

municipal trash landfill area and 

disposed of the material off-site. The 

interim response was completed by the 

end of 2000. All subsequent soil 

samples showed levels of metals at or 

below generic residential criteria or 

background values for the State of 

Michigan. Michigan Part 201 Cleanup 

Criteria is within EPA’s acceptable risk 

range. WMMI performed a RI and 

baseline risk assessment, including an 

ecological assessment at the Site from 

1994–1996 and additional sampling 

between 1998 and 2007. 

Area A—Site Entrance: Soil boring 

samples were collected and analyzed for 

inorganic and organic parameters. The 

white powder found on the ground 

surface north of the Site building 

appeared to be lime based on the 

elevated calcium level; however, the 

calcium levels were below background 

concentrations. No organic 

contaminants were detected above 

background or Part 201 Residential 

Cleanup Criteria. A trench 

approximately 80 feet by 10 feet was 

discovered in an area south of the 

building. A soil boring was collected 

and analysis detected lead and zinc at 

concentrations above background. The 

approximately 40 cubic yards of 

impacted soil was excavated during the 

IRA. No contaminants were detected 

above background or Part 201 

Residential Cleanup Criteria in 

verification samples. 

Additional soil samples were 

collected from the same location as the 

previous collection and consisted 

mostly of the white powder material. 

Analysis detected no inorganic 

contaminants at concentrations that 

exceeded Part 201 Residential Cleanup 

Criteria. 

Area B—Former Dewatering Lagoon 

Area: Analysis of the soil boring 

samples collected from the former 

dewatering lagoon area did not detect 

any organic or inorganic contaminants 

above background or Part 201 

Residential Cleanup Criteria. The results 

of the soil borings and analysis from the 

investigation demonstrated that the 

lagoons were properly abandoned. 

Area C—Former Landfill Area: 

Analysis of the soil boring samples 

collected from the former landfill area 

did not detect any organic or inorganic 

contaminants above background or Part 

201 Residential Cleanup Criteria. The 

ash, metal cans, and glass bottles in the 

former landfill area were excavated 

during the IRA for disposal off-site. 

Approximately 1,855 cubic yards of 

material was removed from the area. 

Results of the analysis of verification 

samples showed there were two small 

areas with levels of inorganic 

parameters exceeding the background 

concentration. An additional 40 cubic 

yards of soil was removed during the 

interim response and disposed of offsite. No contaminants were detected 

above background or Part 201 

Residential Cleanup Criteria in 

verification samples. 

A bermed drum area was located in 

the south end of the former landfill. The 

berm was 70 by 30 feet and contained 

six old, rusted drums. These drums 

were removed during the IRA along 

with 224 cubic feet of bluish-green 

stained soil found at the bottom of the 

bermed area. No contaminants were 

detected above background or Part 201 

Residential Cleanup Criteria in 

verification samples. 

Area D—Haul Road: The results of the 

soil boring sampling from the haul road 

indicated that the bluish-green soil 

found at the ground surface along parts 

of the road was contaminated with 

heavy metals. Analysis of the soil 

sample detected chromium, copper, 

lead, nickel, selenium, zinc, and 

cyanide above their background values. 

Impacted soil which was identified in 

the previous investigations was 

removed during the IRA. An area 400 

feet by 70 feet by 1.5 feet deep was 

excavated, removing approximately 

1,433 cubic yards of soil. Verification 

samples indicated the soil that remained 

was not impacted above background 

concentrations for heavy metals. An 

additional 30 cubic yards of soil was 

removed from the adjacent Ottawa 

County property. 

During an additional investigation, 

another 540 cubic yards of soil was 

excavated from the haul road area and 

disposed of off-site. The verification 

samples collected demonstrated that the 

remaining soil met the Part 201 

Residential Cleanup Criteria. 

Area E—Former Drum Burial Area: 

Analysis of the soil boring samples 

collected from the former drum burial 

area did not detect any organic or 

inorganic contaminants above 

background or Part 201 Residential 

Cleanup Criteria. 

Area F—Eastern Half of Site: The 

investigation of this area of concern 

involved collecting two soil samples 

from four boring locations. Four 


emcdonald on DSK67QTVN1PROD with RULES
67780 Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 

additional borings were collected from 

along the eastern edge of the area for 

background analysis. The results of the 

background borings and the soil borings 

indicated no contaminants were 

detected above the Part 201 Residential 

Cleanup Criteria. No environmental 

hazard was found in the eastern half of 

the Site. 

Underground Storage Tanks (USTs): 

An initial review of the 1985 UST report 

did not clearly indicate that the four 

USTs had been removed, as a result 

subsequent investigations focused on 

finding these USTs and determining 

whether there was any related 

contamination. 

During the investigations, soil boring 

samples were collected from the areas of 

the USTs at the northeast corner and 

southwest corner of the building. The 

investigation also involved searching 

the area with an electro-magnetic (EM) 

detector to determine if there were any 

large metal objects buried in the area. 

No drums were detected; therefore, it 

was concluded that all four of the USTs 

had been removed. The results of these 

soil boring samples did not detect any 

petroleum hydrocarbon or organic 

contaminants above Part 201 Residential 

Cleanup Criteria. 

Groundwater: Groundwater was 

sampled as part of several 

investigations. The results of the 

groundwater samples collected 

upgradient of the Site were used to 

develop inorganic parameters 

background and anthropogenic 

background concentrations for the area. 

Background concentrations are 

concentrations of chemicals common to 

groundwater that have not been 

impacted by anthropogenic effects. 

Anthropogenic background levels are 

determined by analyzing groundwater 

that has been impacted by an upgradient 

source such as the SWOCLF Site. 

Anthropogenic background 

concentrations were determined from 

several wells located downgradient of 

the SWOCLF Site, but upgradient of any 

known disposal areas on the Holland 

Lagoons Site. 

Benzene was the only organic 

contaminant detected in the on-site 

monitoring wells above the Maximum 

Contaminant Levels (MCL) established 

under the Safe Drinking Water Act 

(SDWA) and Part 201 Residential 

Cleanup Criteria of 5 micrograms per 

liter (mg/1). All of these detections were 

found in wells located southwest of the 

Site at concentrations ranging from 14 

mg/l to 28 mg/1 and no on-site source 

was detected. Benzene is a contaminant 

being monitored at the SWOCLF Site. At 

the SWOCLF Site, benzene had been 

detected at levels as high as 149 mg/1 in 

purge wells and 305 mg/1 in monitoring 

wells; therefore, the MDEQ concluded 

that the source of the benzene is the 

SWOCLF Site. 

Inorganic contaminants found in 

wells on-site includes: aluminum, 

arsenic, antimony, beryllium, cadmium, 

lead, manganese, zinc, and vanadium. 

Aluminum, antimony, lead, manganese, 

and zinc were found in background or 

anthropogenic background wells. 

Arsenic did not exceed the MCL or Part 

201 Residential Cleanup Criteria. 

Subsequent sampling results indicated 

that aluminum, antimony, beryllium, 

cadmium, lead, manganese, zinc, and 

vanadium did not exceed MCLs, Part 

201 Residential Cleanup Criteria, 

background and/or anthropogenic 

background. 

In March 2005, the MDEQ and Ottawa 

County entered into a Stipulation for the 

SWOCLF Site, under which Ottawa 

County is required to perform the 

following remedial actions at the 

SWOCLF Site: construct a new landfill 

cap; install and operate a new extraction 

well system around the landfill; prevent 

the discharge to Lake Michigan of 

groundwater containing hazardous 

substances exceeding Groundwater to 

Surface Water Interface Criteria; 

implement reliable land and resource 

use restrictions (institutional controls) 

to restrict construction and use of wells 

within the groundwater plume; properly 

abandon all existing residential wells 

once residents have been hooked into 

the municipal water supply; and operate 

the then current downgradient 

extraction system until it was 

demonstrated that requirements have 

been achieved. The responsibility for 

the remaining wells on the Holland 

Lagoons Site has been transferred to 

Ottawa County to use in monitoring the 

SWOCLF plume. 

Currently, Ottawa County has 

constructed the new landfill cap and 

completed the hook up of residents to 

the municipal water supply. In 2009, 

Ottawa County implemented an areawide groundwater use restriction which 

prohibits human consumption of 

groundwater, limits well installation/ 

use and outlines procedures for well 

abandonments. All hook ups and 

abandonments were completed in 2009. 

Ottawa County continues to operate the 

downgradient extraction system. In 

2009, Ottawa County installed and 

began operating the new extraction well 

system along the west and south 

boundary of the SWOCLF Site. 

Former Facility Office and 

Maintenance Garage Building: WMMI 

conducted soil and groundwater 

sampling below the former facility office 

and maintenance garage building as 

noted as a recommendation in the 2006 

Five-Year Review Report. The soil and 

groundwater sampling results did not 

reveal any chemicals of concerns above 

MCLs or Part 201 Residential Criteria. 

Decision Summary: The Final 

Feasibility Study and Remedial Action 

Plan Closure Report, which called for 

No Further Action to be implemented at 

the Site was approved by MDEQ on 

October 13, 2008. On May 19, 2011, the 

MDEQ approved WMMI’s request to 

rescind the August 18, 1997 restrictive 

covenant because Ottawa County has 

implemented an area-wide groundwater 

restriction as part of the SWOCLF 

cleanup program. The Notice of 

Rescission of Land and/or Resources 

Use Restrictions was filed and recorded 

by the Ottawa County Register of Deeds 

on June 2, 2011. The Ottawa County 

Contaminated Groundwater Use 

Ordinance (March 2009) meets the 

requirements of a ‘‘reliable use 

restriction’’ under Michigan’s cleanup 

rules (Part 201). 

The rescinded restrictive covenant 

provided the following restrictions at 

the Holland Lagoons Site: (1) Restricts 

the use of the property to those uses 

compatible with the limited residential 

land use criteria as defined in Section 

20120a(1)(f) of Part 201; (2) prohibits 

groundwater well installation and 

groundwater use within the property 

boundary for all domestic, commercial, 

and industrial uses; (3) prohibits the 

construction of groundwater fed 

impoundments; (4) prohibits excavation 

of soil beyond the saturated zone; and 

(5) requires soil sampling if existing 

structure is razed and 30-days notice to 

MDEQ. 

Selected Remedy 

EPA signed a ROD on August 17, 2011 

and has determined that no further 

remedial action is necessary for the 

Holland Lagoons Site. The remedy is 

protective of human health and the 

environment; and allows for unlimited 

exposure and unrestricted use. 

Response Actions 

The August 2011, ‘‘No Further 

Action’’ ROD determined that no further 

Federal response was required. 

Operation and Maintenance 

The groundwater underneath the Site 

is monitored as part of the Ottawa 

County SWOCLF groundwater 

monitoring program and contamination 

in the groundwater plumes is not 

related to contamination and sources at 

Holland Lagoons Site. There will be no 

active remediation at the Site; therefore, 

no operation and maintenance (O&M) is 

necessary. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 / Rules and Regulations 67781 

Five-Year Review 

The first and only five-year review, 

completed on September 25, 2006, 

found the remedy to be protective in the 

short-term and identified five issues that 

needed to be addressed in order for the 

remedy to be protective in the longterm. All of the issues have now been 

addressed as described below: 

1. Issue: Noncompliance with the 

AOC requires the completion of a Part 

201 approved Feasibility Study and 

Remedial Action Plan Closure Report. 

Follow-Up: The MDEQ approved the 

Final Feasibility Study and Remedial 

Action Plan Closure Report on October 

13, 2008, which was submitted by 

WMMI. 

2. Issue: WMMI must provide 

information to prove the six on-site 

source areas, due to the completion of 

past remediation activities, are no 

longer contributing contaminants to the 

groundwater plume migrating under the 

Site and that all of the contaminants 

found in the groundwater plume 

originate from the adjacent and 

upgradient SWOCLF Site. Follow-Up: 

The Final Feasibility Study and 

Remedial Action Plan Closure Report 

included data to confirm that the past 

remediation activities were completed 

at the six on-site areas and that no onsite sources were contributing to the 

groundwater plume migrating onto the 

Holland Lagoons Site from the SWOCLF 

Site. 

3. Issue: Ensure that effective interim 

institutional controls (ICs) are in place. 

Follow-Up: EPA’s ‘‘No Further Action’’ 

ROD did not require any additional ICs 

because: (1) groundwater impacts were 

determined to be migrating from the 

SWOCLF Site and not part of siterelated contamination from Holland 

Lagoons and (2) an area-wide 

groundwater ordinance has been 

implemented as part of the response at 

the SWOCLF Site. As a result, the 

Declaration of Restrictive Covenant has 

been rescinded. The Notice of 

Rescission of Land and/or Resources 

Use Restrictions was filed and recorded 

by the Ottawa County Register of Deeds 

on June 2, 2011. Ottawa County will 

continue conducting a cleanup of the 

SWOCLF Site, including maintenance of 

an area-wide groundwater use 

restriction to prevent groundwater use. 

4. Issue: For the remedy to be 

protective in the long-term, effective ICs 

may be implemented and maintained as 

part of the final RAP. Follow-up: EPA’s 

‘‘No Further Action’’ ROD did not 

require ICs. The ROD allows for 

unlimited use and unrestricted 

exposure. 

5. Issue: A contamination source area 

may exist beneath the former office 

building. Follow-up: In 2007, WMMI 

conducted soil and groundwater 

sampling below the former facility office 

and maintenance garage building. The 

soil and groundwater sampling results 

did not reveal any chemicals of concern 

above the MCLs or Part 201 criteria. 

In summary, EPA has determined that 

no further remedial action is necessary 

for the Holland Lagoons Site. Previous 

responses at the Site eliminated the 

need for a further remedial action. 

Contaminated soil from on-site disposal 

pits was excavated and disposed of offsite. No further five-year reviews are 

required because contamination has 

been remediated to allow for unlimited 

use and unrestricted exposure. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

Section 113(k), 42 U.S.C. 9613(k), and 

CERCLA Section 117, 42 U.S.C. 9617. 

Documents in the deletion docket, 

which EPA relied on for 

recommendation of the deletion of this 

Site from the NPL, are available to the 

public in the information repositories 

and at www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Michigan, has determined 

that the responsible parties have 

implemented all response actions 

required, and no further response action 

by responsible parties is appropriate. 

V. Deletion Action 

EPA, with concurrence from State of 

Michigan through the MDEQ, has 

determined that all appropriate 

response actions under CERCLA have 

been completed. EPA received 

concurrence from the State of Michigan 

on April 5, 2012. Therefore, EPA is 

deleting this Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective January 14, 2013 

unless EPA receives adverse comments 

by December 14, 2012. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final Notice of Deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, and Water supply. 

Dated: October 31, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 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] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing, the entry for 

‘‘MI, Waste Management of Michigan 

(Holland), Holland’’. 

[FR Doc. 2012–27706 Filed 11–13–12; 8:45 am] 

BILLING CODE P 


emcdonald on DSK67QTVN1PROD with RULES