[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Proposed Rules]
[Pages 2772-2774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1542]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5407-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Folkertsma Refuse Site from the 
National Priorities List; Request for Comments.

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SUMMARY: The United States Environmental Protection Agency (US EPA) 
Region V announces its intent to delete the Folkertsma Refuse Site from 
the National Priorities List (NPL) and requests public comment 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 US EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA) as amended. This action is being taken by US EPA, because it 
has been determined that Responsible Parties have implemented all 
appropriate response actions required. Moreover, US EPA and the State 
have determined that remedial activities conducted at the Site to date 
have been protective of public health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before February 28, 1996.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson 
Blvd. (HSR-6J), Chicago, IL 60604. Comprehensive information on the 
site is available at U.S. EPA's Region V office and at the local 
information repository located at: Kent County Public Library, 4293 
Remembrance N.W., Walker, Michigan, 49554. Requests for copies of 
documents should be directed formally to the Region V Docket Office. 
The name, address and phone number of the Regional Docket Officer is 
Jan Pfundheller, U.S. EPA, Region V, 77 W. Jackson Blvd.(J-7J), 
Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Karen Sikora, Remedial Project 
Manager at (312) 886-1843, Gladys Beard, Associate Remedial Project 
Manager at (312) 886-7253, Office of Superfund, U.S. EPA, Region V, 
77 W. Jackson Blvd. (HSR-6J), Chicago, IL 60604 or Denise 
Gawlinski, Office of Public Affairs, U.S. EPA, Region V, 77 W. 
Jackson Blvd.(P-19J), Chicago, IL 60604, (312) 886-9859.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Folkertsma Refuse Site from the National 
Priorities List (NPL), which constitutes Appendix B of the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP), and requests 
comments on the proposed deletion. The EPA identifies sites that appear 
to present a significant risk to public health, welfare or the 
environment, and maintains the NPL as the list of those sites. Sites on 
the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund Response Trust Fund (Fund). Pursuant to 
40 CFR 300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed remedial actions if the conditions at the 
site warrant such action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that U.S. EPA is using 
for this action. Section IV discusses the history of this site and 
explains how the site meets the deletion criteria.
    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 U.S. 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

    The NCP establishes the criteria the Agency 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 this determination, U.S. 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; 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

    Upon determination that at least one of the criteria described in 
the NCP 40 CFR 300.425(e) has been met, U.S. EPA may formally begin 
deletion procedures once the State has concurred. This Federal Register 
notice, and a concurrent notice in the local newspaper in the vicinity 
of the Site, announce the initiation of a 30-day comment period. The 
public is asked to comment on U.S. EPA's intention to delete the Site 
from the NPL. All critical documents needed to evaluate U.S. EPA's 
decision are included in the information repository and the deletion 
docket.
    Upon completion of the public comment period, if necessary, the 
U.S. EPA Regional Office will prepare a Responsiveness Summary to 
evaluate and address comments that were received. The public is welcome 
to contact Jan Pfundheller, Docket Officer at the U.S. EPA Region V 
Office, 77 W. Jackson Blvd. (J-7J), to obtain a copy of this 
responsiveness summary, if one is prepared. If U.S. EPA then determines 
the deletion from the NPL is appropriate, final notice of deletion will 
be published in the Federal Register.

IV. Basis for Intended Site Deletion

    The Folkertsma Refuse site is a former industrial landfill located 
at 1426 Pannell Road NW., in Walker, Michigan. The City of Walker, 
which borders the 

[[Page 2773]]
northwest side of Grand Rapids, is located in southwestern Michigan, 
approximately 25 miles east of Lake Michigan in Kent County.
    The site is a rectangular parcel of land measuring 1,000 by 400 
feet and covering approximately 8 acres. The site is generally flat 
with 10 feet of vertical relief sloping from the northern boundary to 
the southern boundary. The surface of the landfilled portion of the 
site rises approximately 4 to 6 feet above the surrounding area. The 
landfill was not capped and foundry sand, the primary fill material, 
was exposed at the surface. However, the northeast portion of the site 
has been covered with a 3 inch layer of gravel. An unnamed creek (man 
made) running along the western property line and a drainage ditch 
running through the center of the landfill join at the southern end of 
the site and empty into a drain pipe. The drain pipe discharges to 
Indian Mill Creek just south of the site. Fishing and swimming have 
been reported to occur in Indian Mill Creek. However, Indian Mill Creek 
is not a major recreational area. Indian Mill Creek, which flows in an 
easterly direction, empties into the Grand River approximately 2 miles 
downstream of the site.
    The property is currently leased by a pallet repair and 
manufacturing company. An office building and three warehouses are 
located on the site, and stacks of pallets are organized along the 
graveled area. The remainder of the site is overgrown with weeds, grass 
and trees and contains several pieces of junk machinery.
    The site and the properties surrounding the site are zoned for and 
occupied by industry. There are, however, about ten to twelve 
residences along the south side of Pannell Road in close proximity to 
the north end of the site. These homes obtain water from private wells, 
which are upgradient from the site. There is also a residential 
subdivision approximately a quarter of a mile north of the site. The 
subdivision, also upgradient of the site, is serviced by the Grand 
Rapids Water Department, which obtains its water from Lake Michigan and 
the Grand River. Residences also exist south of the site, on the other 
side of Indian Mill Creek. These homes are downgradient of the site. 
Michigan Department of Natural Resources (MDNR) well records indicate 
that there is only one domestic well in this area; the other residences 
are serviced by the Grand Rapids Water Department. A door to door 
survey conducted in 1986 did not identify any additional water wells in 
this area.
    East of the site is a tract of undeveloped woodland which was 
formerly operated as a muck farm. A muck farm is where black earth with 
decaying matter is harvested and used as fertilzer. The western 
boundary is bordered by nursery land and greenhouses. South of the site 
is a transfer station for a rendering company. Wetlands exist along a 
second drainage ditch approximately 85 feet east of the site, and in 
scattered areas along the north bank of Indian Mill Creek downstream 
from the site.
    A preliminary assessment was completed in 1983. It was determined 
that an on-site investigation should be conducted. In 1984, an U.S. EPA 
field investigation team sampled groundwater and the sediment of the 
drainage ditch. Although the groundwater was not found to be 
contaminated, elevated levels of semi-volatile and inorganic chemicals 
were detected in the sediment samples. In 1985, the MDNR conducted an 
assessment of the site, and reported that there was approximately 
40,000 cubic yards of waste at the site, consisting of foundry sand, 
chemical products, construction debris and other industrial wastes from 
heavy manufacturing operations. The site was proposed for the NPL in 
1986. The listing was finalized in March 31, 1989, at 54 FR 13296.
    The Remedial Investigation/Feasibility Study (RI/FS) for the 
Folkertsma Refuse Site was initiated in 1989, and the final RI report 
was released in 1990. The major findings of the RI include:
    <bullet> Landfilled materials contain volatile organic compounds 
(VOCs), semi-volatile organic compounds (SVOCs), polychlorinated 
biphenyls (PCBs), pesticides, and metals at concentrations above 
background levels.
    <bullet> Some contaminants have migrated into a muck deposit 
beneath the landfill, or, in areas where there is little or no muck, to 
a limited extent into an underlying sand and gravel unit. Contaminants 
have also migrated into the sediments of the two on-site ditches and 
Indian Mill Creek. There is an estimated 12,300 cubic yards of 
contaminated black earth with decayed matter, muck, and 1,300 cubic 
yards of contaminated sediment at the site.
    <bullet> Shallow groundwater beneath the landfill discharges to the 
two on-site drainage ditches and Indian Mill Creek. Deeper groundwater 
beneath the landfill flows beneath Indian Mill creek and continues 
toward the Grand River.
    <bullet> Arsenic and polynuclear aromatic hydrocarbons (PAHs) were 
detected above Maximum Contaminant Levels (MCLs) in shallow unfiltered 
groundwater samples collected from beneath the landfill. Comparison of 
filtered and unfiltered groundwater data, however, indicates that these 
contaminants are not dissolved in the groundwater, but rather are 
attached onto particulate matter contained in the groundwater.
    <bullet> Beryllium and cadmium were detected above water quality 
criteria for freshwater in unfiltered surface water samples collected 
from one of the drainage ditches. Beryllium was detected above the 
chronic standard at one location, while cadmium was detected above both 
the chronic and acute standards at two locations. Comparison of 
filtered and unfiltered drainage water samples, however, indicates that 
these chemicals are suspended in the drainage water rather than 
dissolved.
    <bullet> The landfilled materials pose an unacceptable carcinogenic 
risk to human health under worst case conditions for ingestion 
(10<SUP>-4), direct contact (10<SUP>-3), and inhalation (10<SUP>-4). 
The main contaminants posing the risks are PAHs (ingestion and direct 
contact) and chromium (inhalation). No unacceptable human health risks 
were identified for exposure to the landfilled materials under probable 
case conditions.
    <bullet> The ingestion of shallow groundwater beneath the landfill 
poses unacceptable potential future carcinogenic risks to human health 
of 10<SUP>-3 and 10<SUP>-2 under probable and worst case conditions 
respectively. The Hazard Indices calculated for future ingestion of 
shallow groundwater for probable and worst case conditions are 1.62 and 
29.7 respectively. The risks posed by ingestion of shallow groundwater 
are based on the PAHs and high levels of arsenic detected in unfiltered 
groundwater samples collected from beneath the landfill. PAHs and 
arsenic, however, have a limited potential to migrate and were not 
detected in downgradient groundwater samples.
    <bullet> Potential future carcinogenic and noncarcinogenic human 
health risks calculated for the ingestion of deep groundwater under 
worst case conditions are 10<SUP>-4 and 2.54 respectively. These 
potential future worst case risks are also based on unfiltered 
groundwater samples collected from directly beneath the landfill. In 
addition, the chemical concentrations driving the risk are below MCLs.
    <bullet> The landfilled materials and the contaminated sediments of 
the two on-site ditches and Indian Mill Creek pose an unacceptable risk 
to the environment through ingestion and direct contact. 

[[Page 2774]]
These risks are posed to the animal populations living at or near the 
site who may wade or swim in the streams, or walk, lay, or burrow in 
the landfilled materials. These risks will not be significant if 
exposure is infrequent. Frequent exposure, however, may result in the 
bioaccumulation of trichloroethene, PCBs, and metals including arsenic, 
cadmium, chromium, lead, mercury, manganese, and nickel.
    <bullet> Based on the findings of the RI, U.S. EPA conducted a 
Feasibility Study (FS) to evaluate remedial alternatives to address the 
contaminated landfilled materials. The FS was completed in consultation 
with the MDNR in mid-1990, and U.S. EPA's Proposed Plan was issued in 
consultation with the MDNR in March 1991. Following the close and 
evaluation of the public comment period, U.S. EPA signed the Record of 
Decision (ROD) in June 1991. The State of Michigan concured with the 
ROD. The major components of the selected remedy for the Folkertsma 
Refuse site include:
    <bullet> Excavation of contaminated sediments from the two on-site 
ditches and Indian Mill Creek for consolidation with the landfilled 
materials;
    <bullet> Conversion of the two on-site ditches into permeable 
underground drains to provide for continued site drainage;
    <bullet> Construction of a cap over contaminated sediments and 
landfilled materials in accordance with the requirements of the 
Resource Conservation and Recovery Act Subtitle D and Michigan Solid 
Waste Management Act 641;
    <bullet> Installation of passive gas vents to prevent the buildup 
of volatile organic compounds and methane, if necessary;
    <bullet> Placement of a layer of topsoil and a vegetative covering 
over the clay cap and landfilled materials;
    <bullet> Site fencing and institutional controls such as deed 
restrictions to prevent the installation of drinking water wells within 
the landfilled portion of the site and future disturbance of the cap 
and landfilled materials;
    <bullet> Implementation of long-term groundwater and drainage water 
monitoring programs to ensure the effectiveness of the remedial action. 
In addition to monitoring the effectiveness of the source control 
portion of the remedial action, the long-term groundwater monitoring 
will also ensure the effectiveness of the groundwater remedy, which are 
various institutional controls. If contamination is detected beyond the 
area where the institutional controls are established, it may be 
necessary to modify these controls.
    The remedy selected for the Folkertsma Refuse site eliminates or 
reduces the risks posed by the site through the use of engineering and 
institutional controls.
    The selected remedy provides for the containment of the large 
volume of low level organic and inorganic waste material present in the 
landfill, the black earth with decaying matter or muck which is 
deposited beneath the landfill, and the contaminated sediments of the 
two on-site ditches and Indian Mill Creek; reduces the potential for 
contaminant migration into the groundwater; and reduces the potential 
for contaminated groundwater to move out from beneath the landfill.
    Community involvement activities for the Folkertsma Refuse site 
began in October 1988, shortly before the RI was scheduled to begin. 
EPA conducted interviews with state and local officials, a local 
environmental organization, and Walker residents to determine the level 
of interest and concern over the site. A Community Involvement Plan 
(formerly CRP) was finalized in February, 1989.
    The RI/FS for the Folkertsma Refuse site was released to the public 
in mid 1990 and was made available at the information repository. The 
Administrative Record is also maintained at the library and the Region 
V office in Chicago.
    Remedial Action construction activities began in March 1994. 
Construction activities included: site clearing and regrading, 
including the relocation of an on-site pallet company operation; 
sediment excavation, solidification and consolidation with the 
landfilled materials; conversion of two on-site ditches into permeable 
underground drains and replacing the Indian Mill Creek drain pipe with 
an open channel; monitoring well abandonment, replacement and 
construction; installation of probes for landfill gas monitoring; and 
construction of a cap consisting of 2 feet of clay followed by a 6 inch 
sand drainage layer, 1 foot rooting zone layer and 6 inch topsoil 
layer.
    The construction completion report dated February 1995 certifies 
completion of all remedial action and documents that the objectives of 
the remedial action have been met. This report certifies that all major 
components of the remedy are complete with the exception of 
environmental monitoring and maintenance, which is a long-term ongoing 
part of the operation and maintenance. However, the equipment to 
conduct the long-term monitoring was installed as part of this project.
    The institutional controls for the site include restrictions to 
prohibit development of the Site, (including, but not limited to, 
excavation, construction and drilling), and the installation of 
groundwater drinking water wells at the Site. The institutional 
controls regarding future development of the Folkertsma Refuse Site and 
the future installation of groundwater drinking water wells have been 
implemented and shall be permanent.
    EPA, with concurrence from the State of Michigan, has determined 
that Responsible Parties have implemented all appropriate response 
actions required. Therefore, EPA proposes to delete the site from the 
NPL.

    Dated: October 19, 1995.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-1542 Filed 1-26-96; 8:45 am]
BILLING CODE 6560-50-P