80 FR 27859 - National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of the Burrows Sanitation Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 94 (May 15, 2015)

The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Burrows Sanitation Superfund Site (Site), located in Hartford Township, Van Buren 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.

[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Rules and Regulations]
[Pages 27859-27862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11801]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9927-72-Region 5]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Deletion of the Burrows Sanitation Superfund 
Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Burrows Sanitation 
Superfund Site (Site), located in Hartford Township, Van Buren 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 deletion is effective July 14, 2015 unless EPA 
receives adverse comments by June 15, 2015. 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: Jeffrey Gore, Remedial Project Manager, at 
[email protected] or Cheryl Allen, Community Involvement 
Coordinator, at [email protected].
     Fax: Gladys Beard, NPL Deletion Process Manager at (312) 
697-2077.
     Mail: Jeffrey Gore, Remedial Project Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 886-6552, or Cheryl Allen, Community 
Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J), 
77 West Jackson Boulevard, Chicago, IL 60604, (312) 353-6196 or (800) 
621-8431.
     Hand delivery: Cheryl Allen, Community Involvement 
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West 
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted 
during the docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The normal business 
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. 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 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 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.
     Hartford Public Library, 15 Franklin Street, Hartford, MI 
49057, Phone: (269) 621-3408, Hours: Monday through Wednesday, 10:00 
a.m. to 7:00 p.m., Thursday and Friday 10:00 a.m. to 5:00 p.m., 
Saturday 10:00 a.m. to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeffrey Gore, Remedial Project 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 886-6552, or [email protected].

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 Burrows Sanitation Superfund Site (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 
EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental

[[Page 27860]]

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 deletion of the Burrows 
Sanitation Site is issued in accordance with 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Deletion of Site Listed on 
the National Priorities List, (49 FR 37070) on September 21, 1989. 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 July 14, 2015 unless EPA 
receives adverse comments by June 15, 2015. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Burrows Sanitation 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.
    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 at these sites even if 
the 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 Burrows 
Sanitation 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 thirty (30) working days for review 
of this notice and the parallel Notice of Intent to Delete prior to 
their publication today, and the State, through the MDEQ, has concurred 
on the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, the 
``Tri-City Record 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 
Burrows Sanitation Superfund Site from the NPL.

Site Background and History

    The Burrows Sanitation Site (CERCLIS ID: MID98410617) is 
approximately 10 acres. The Site is located on 54th Avenue in Hartford 
Township, Van Buren County, Michigan. The property is located in a 
rural part of Hartford on a portion of property owned by a resident of 
Hartford Township. Much of the Site is covered with trees, and there 
are intermittent open areas to the east and northwest of the Site. The 
property owner lives west of the Site and another homeowner lives south 
of the Site across 54th Avenue. There are approximately 150 people 
living in residences further west along 54th Avenue in a trailer park 
and a small number of other homes. The residences have historically 
obtained water from private wells that vary in depth up to 100 feet.
    The Site property became contaminated when it was owned by Duane 
and Evelyn Funk, who agreed to allow Burrows Sanitation, a small septic 
hauler, to dispose of waste on a remote portion of their property. 
Burrows Sanitation disposed of wastes on the Site which it had 
collected from Du-Wel Products Inc., Auto Specialties Manufacturing 
Company (AUSCO), and Whirlpool Corporation. The wastes were primarily 
by-products of metal finishing and plating operations, which consisted 
of hydroxide sludges containing chromium, other metals, as well as some 
cyanide. The metal hydroxide wastes were deposited in unlined pits when 
the disposal was taking place between 1970 and 1977.

Remedial Investigation and Feasibility Study

    In 1976, the Michigan Department of Natural Resources (MDNR) took 
samples

[[Page 27861]]

from the Site and found elevated levels of copper, chromium and 
cyanide. In 1984, MDNR conducted further investigations which led it to 
conclude that the Site posed a human health threat. In July 1984, the 
Funks, Du-Wel, AUSCO and Whirlpool signed an Administrative Order of 
Consent (AOC). Pursuant to the AOC, this group of potentially 
responsible parties (PRPs) proceeded to excavate and remove sludges and 
contaminated soil from previously identified areas of the Site for off-
site disposal.
    EPA began remedial planning as the Burrows Sanitation Site was 
proposed for the NPL on September 8, 1983, (48 FR 40674). The Site was 
listed on the NPL on September 21, 1989, (49 FR 37070).

Record of Decision Findings

    The objectives of the 1986 Record of Decision (ROD) for the Site 
included the following:
    The remedial action objectives for the selected remedy at the 
Burrows Sanitation Site are to protect human health by preventing 
dermal exposure and ingestion of contaminated sludge and soil from the 
site, prevent ingestion of contaminated groundwater exceeding drinking 
water criteria, and prevent exposure of aquatic life from contaminated 
surface waters. The remedy will achieve Safe Drinking Water Act Primary 
and Secondary Maximum Contaminant Levels (MCLs) by groundwater 
treatment and by surface and subsurface soil excavation and off-site 
disposal.
    The components of the 1986 ROD for the Site included the following:
     Purge and treat the contaminated groundwater for 
approximately 3 years;
     Drain the artificial Northwest Wetland; and
     Remove and treat approximately 250 cubic yards of metal 
hydroxide sludge from the Spill Area No. 2 and the Northwest Wetland. 
Dispose of the treated waste at an off-site RCRA facility which is in 
compliance with EPA policy.

The 1991 Explanation of Significant Differences (ESD) for the Site 
included the following differences to the 1986 ROD:
     A scaled down groundwater extraction system based on 
additional groundwater monitoring since the 1986 ROD.
     Off-site treatment of contaminated groundwater instead of 
on-site treatment.
    The 1991 ESD also documented that the soil removal and off-site 
disposal actions outlined in the 1986 ROD had been completed.
    The 1994 ESD for the Site documented the change in the EPA MCL for 
chromium which was raised from 50 ppb to 100 ppb (effective July 30, 
1992).

Response Actions

    The first phase of the Remedial Action (RA) was completed in May, 
1989. During this first phase of the RA, 320 cubic yards of 
contaminated surface soils and sediments from the spill area identified 
in the RI/FS were excavated and transported off-site to a RCRA 
facility. The soil removal was based on soil sampling investigation 
results completed and reported in 1986, which outlined the area of 
contaminated soil and how deeper soils for the location at the water 
table produced chemical concentrations comparable to background. The 
blockage in the artificial Northwest Wetland was removed and re-
channeled. As a result, only the groundwater remained to be treated.
    The additional groundwater investigations undertaken in 1989 
involved the installation of five new PVC monitoring well nests on the 
Site. Three rounds of additional groundwater sampling were completed at 
the Burrows Site in 1990, one each in March, June, and September of 
that year. Groundwater samples were analyzed for the chemicals of 
concern, which included dissolved zinc, dissolved chromium, dissolved 
copper, dissolved lead, and dissolved nickel. Analytical results for 
the three rounds of groundwater sampling determined that all chemicals 
of concern were below the groundwater cleanup standards except for an 
exceedance of dissolved chromium.
    The groundwater extraction system including an extraction well, 
storage tank, and associated equipment for extracting groundwater and 
removing it for off-site treatment was constructed at the Site between 
July and September 1991. Groundwater extraction began at the Burrows 
Site in August of 1992 and continued until December 1993. During that 
period a total of 2,600,000 gallons of groundwater were extracted and 
taken for off-site treatment and disposal to the Kalamazoo, Michigan 
Water Reclamation Plant.
    Remedial Action construction activities officially concluded in 
April of 1993 with the completion and signing of the Preliminary Close-
Out Report for the Burrows Site.

Institutional Controls

    Institutional Controls (``ICs'') are non-engineered instruments, 
such as administrative and legal controls, that help to minimize the 
potential for exposure to contamination and that protect the integrity 
of the remedy. ICs are required to assure the long-term protectiveness 
for any areas which do not allow for unlimited use and unrestricted 
exposure (UU/UE). As explained further, none of EPA's decision 
documents (ROD, ESD, CD or Amended CD) for this Site required ICs in 
order to assure Site protectiveness since UU/UE would be allowed for 
all Site areas. The remedy is considered by EPA to be protective of 
human health and the environment without the need for ICs.
    EPA sent out a letter in October 1999 notifying the Burrows 
Settling Defendants of Completion of Remedial Action under the 
requirements of the 1992 Amended CD. Site access and use of the land by 
property owners is now unrestricted, based on completion of the 
remedial action requirements under the 1992 Amended CD. Both the 1990 
CD and the 1992 Amended CD provided that after EPA certification of 
completion of the remedial action, additional response actions could be 
required if conditions previously unknown to the United States are 
discovered or information is received which indicate that the remedial 
action is not protective of human health and the environment. EPA 
believes the remedial action completed at this Site is protective of 
human health and the environment, and it does not plan to require 
additional remedial action.

Cleanup Goals

    The post-ROD groundwater monitoring conducted to date by EPA shows 
that the groundwater has met the drinking water standards outlined in 
the decision documents and the Amended CD. Therefore, the remedial 
action conducted at the Site has achieved UU/UE for all site areas. 
Since the Site remedy has achieved UU/UE, no ICs are required at the 
Site to assure long-term protectiveness.
    MDEQ has conducted independent residential well sampling in the 
area surrounding the Burrows Site through various County Health 
Departments from 2002 to 2014. EPA concurred with the MDEQ residential 
well sampling program. MDEQ contacted the Van Buren-Cass County 
District Health Department to arrange for sampling of local residential 
wells beginning in 2002. Van Buren-Cass County District Health 
Department implemented an annual sampling program for volatile organic 
compounds (VOCs) at local residential wells. The 2007 sampling results 
at the five locations were consistent with previous results, which 
demonstrated that the presence of

[[Page 27862]]

volatile organic compounds was not detected at the residential wells 
sampled. MDEQ stated they planned to include metals in the residential 
well sampling program beginning in 2008.
    Since the 2008 five year review, MDEQ coordinated with Berrien 
County to collect samples at local residential wells. The 2012 and 2013 
results continued to show no detections of volatile organic compounds. 
Some of the locations were also sampled for metals analysis. None of 
the metals were detected at concentrations above MCLs although 
residences exceeded the aesthetic drinking water value of 0.3 mg/l for 
iron in a range of 0.72-1.42 mg/l. Since no site-related impacts have 
been seen in the area residential well monitoring conducted over the 
last several years, MDEQ now believes that it is appropriate to delete 
the site from the NPL.
    While MDEQ had historical concerns regarding the adequacy of 
groundwater plume characterization, MDEQ now agrees that the 
implemented remedial actions have been sufficient to address the known 
risks at the Site.
    EPA has determined that the Site is subject to zoning by the local 
government and the Site is currently zoned for agricultural use. 
However, limiting the Site to agricultural land use is not a condition 
of the Superfund remedy.

Operation and Maintenance

    The implemented remedial actions have been sufficient to address 
the known risks at the Site. In addition, no-site related impacts have 
been seen in the residential wells that have been monitored by the MDEQ 
over the past several years. Effective immediately, the MDEQ will 
terminate monitoring of the residential wells in the vicinity of the 
Burrows Sanitation Superfund Site.

Five-Year Review

    A Five Year Review Report for the Site was completed in February 
2013. In the report, EPA viewed the Burrows Sanitation Site as eligible 
for deletion from the NPL. There were no recommendations and follow-up 
actions noted in the 2013 Five Year Review Report. Since all clean up 
goals have been achieved and the site is now unlimited use/unrestricted 
exposure no additional Five Year Reviews are necessary.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion of this site from the NPL are available 
to the public in the information repositories and at http://www.regulations.gov.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The implemented remedy achieves the degree of cleanup specified in 
the ROD for all pathways of exposure. All selected remedial action 
objectives and clean-up goals are consistent with agency policy and 
guidance. No further Superfund response is needed to protect human 
health and the environment at the Site.
    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 all 
required response actions have been implemented and no further response 
action by the responsible parties is appropriate.

V. Deletion Action

    EPA, with concurrence from the State of Michigan through the 
Michigan Department of Environmental Quality, has determined that all 
appropriate response actions under CERCLA have been completed. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective July 14, 2015 unless EPA receives adverse comments by June 
15, 2015. 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, and Water supply.

    Dated: April 30, 2015.
 Susan Hedman,
Regional Administrator, Region 5.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing the entry 
``MI Burrows Sanitation, Hartford.''

[FR Doc. 2015-11801 Filed 5-14-15; 8:45 am]
 BILLING CODE 6560-50-P