83 FR 40276 - Proposed CERCLA/RCRA/TSCA Administrative Settlement Agreement and Covenant Not To Sue; MSC Land Company, LLC, and Crown Enterprises, Inc.; Former McLouth Steel Facility, Trenton and Riverview, Michigan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 157 (August 14, 2018)

The Environmental Protection Agency (EPA) hereby gives notice of a proposed Administrative Settlement Agreement and Covenant Not to Sue (Settlement) pertaining to a 183-acre portion of the former McLouth Steel facility in Trenton and Riverview, Michigan. EPA also announces a public meeting regarding the Settlement and invites public comment on the Settlement for thirty (30) days following publication of this notice. The Settlement requires MSC Land Company, LLC (``MSC'') to do specified work, meet a demolition requirement that includes demolition of approximately 45 buildings and structures located within the property, and comply with specified property requirements. Satisfying the work and demolition requirements, and complying with the property requirements safeguards human health and the environment by reducing the risk of exposure to certain hazardous wastes and substances.

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40276-40278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17584]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA CERCLA Docket No. V-W-18-C-012; FRL-9982-26-Region 5]


Proposed CERCLA/RCRA/TSCA Administrative Settlement Agreement and 
Covenant Not To Sue; MSC Land Company, LLC, and Crown Enterprises, 
Inc.; Former McLouth Steel Facility, Trenton and Riverview, Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement and request for public 
comments.

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SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice 
of a proposed Administrative Settlement Agreement and Covenant Not to 
Sue (Settlement) pertaining to a 183-acre portion of the former McLouth 
Steel

[[Page 40277]]

facility in Trenton and Riverview, Michigan. EPA also announces a 
public meeting regarding the Settlement and invites public comment on 
the Settlement for thirty (30) days following publication of this 
notice. The Settlement requires MSC Land Company, LLC (``MSC'') to do 
specified work, meet a demolition requirement that includes demolition 
of approximately 45 buildings and structures located within the 
property, and comply with specified property requirements. Satisfying 
the work and demolition requirements, and complying with the property 
requirements safeguards human health and the environment by reducing 
the risk of exposure to certain hazardous wastes and substances.

DATES: Comments must be post marked or received on or before September 
13, 2018.

ADDRESSES: The proposed settlement agreement and related site documents 
can be viewed at the Superfund Records Center, (SRC-7J), United States 
Environmental Protection Agency, Region 5, 77 W Jackson Blvd., Chicago, 
IL 60604, (312) 886-4465 and on-line at www.epa.gov/superfund/mclouth-steel.

FOR FURTHER INFORMATION CONTACT: Further information or a copy of the 
Settlement may be obtained from either Steven P. Kaiser, Office of 
Regional Counsel (C-14J), U.S. Environmental Protection Agency, Region 
5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3804 or 
[email protected] or Community Involvement Coordinator Kirstin 
Safakas, Superfund Division (SI-6J), U.S. Environmental Protection 
Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, 
(312) 886-6015 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background Information

    In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i) and Section 7003(d) of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6973(d), notice is hereby 
given of a proposed Settlement pertaining to the former McLouth Steel 
facility in Trenton and Riverview, Michigan with the following settling 
parties: MSC and Crown Enterprises, Inc. The Settlement requires MSC to 
perform certain work, meet demolition requirements, and comply with 
specified property requirements. MSC will also fence and otherwise 
secure the approximately 183-acre site to prevent direct contact with 
contaminants and keep out trespassers. Prior to commencement of the 
work or actions in furtherance of the demolition requirement, MSC will 
prepare a Traffic Management Plan in consultation with EPA, MDEQ and 
the Cities of Trenton and Riverview. The work required by MSC includes 
the removal of contaminated water and sludges from 23 specified 
subsurface structures; cleaning or removal of the subsurface 
structures; and filling the subsurface structures with clean fill 
materials. These actions will reduce migration of contaminants to 
ground and surface waters. MSC will investigate five areas where PCBs 
may have been released. If PCBs are found above action levels, MSC will 
implement defined interim measures to prevent direct contact with PCB-
contaminated areas pending further action by either EPA or MSC. MSC 
will assess options for storm water management to eliminate sheet flow 
to the Trenton Channel of the Detroit River and summarize its 
assessment in a stormwater management report that it will submit to EPA 
and the State. MSC will remain subject to provisions of the Clean Water 
Act, including requirements to obtain any permits that may be necessary 
for discharges to waters of the United States. Finally, MSC will 
demolish to grade approximately 45 buildings and structures including 
an approximately 1.5 million square foot building along Jefferson 
Avenue. During demolition, MSC will remove and dispose of all asbestos 
containing materials encountered in the structures; remove and dispose 
of all PCB-waste material encountered in the structures; and remove and 
dispose of all drummed or containerized solid or hazardous wastes in 
the structures in accordance with State and federal regulations. These 
actions will also reduce the threat of exposure to hazardous wastes and 
substances by removing these wastes and substances from the property. 
Throughout this work, MSC will maintain dust controls to minimize the 
creation and migration of airborne contaminants.
    The Settlement includes an EPA covenant not to sue the settling 
parties pursuant to either Sections 106 and 107 of CERCLA, 42 U.S.C. 
9606 and 9607; Section 3008(h) 7003 of the Resource Conservation and 
Recovery Act (``RCRA''), 42 U.S.C. 6928(h) and 6973; and Sections 7 and 
17 of TSCA, 15 U.S.C. Section 2606 and 2616. The Settlement also 
includes covenants not to sue by the State of Michigan.

II. Opportunity To Comment

A. General Information

    EPA intends to hold a public meeting regarding the Settlement in 
the affected area, in accordance with Section 7003(d) of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6973(d). The meeting will be 
held at the Saint Paul Lutheran Church, Reception Hall, 2550 Edsel 
Drive, Trenton, Michigan, starting at 6:00 p.m. on Wednesday, September 
5, 2018. Representatives of the EPA and MDEQ will attend the public 
meeting to provide information and answer questions about the 
Settlement. Formal comments relating to the Settlement will be accepted 
in oral and written form at the public meeting.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
Settlement. The Agency will consider all comments received, and may 
modify or withdraw its consent to the Settlement if comments received 
disclose facts or considerations which indicate that the Settlement is 
inappropriate, improper, or inadequate.

B. Where do I send my comments or view responses?

    Your comments should be mailed to Kirstin Safakas, Superfund 
Division (SI-6J), U.S. Environmental Protection Agency, Region 5, 77 W 
Jackson Boulevard, Chicago, Illinois 60604, or [email protected]. 
The Agency's response to any comments received will be available for 
public inspection at the Superfund Records Center.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit such information to EPA through an agency website or via email. 
Clearly mark the part or all the information that you claim to be CBI. 
For CBI information in a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:

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     Identify the rulemaking by docket number and other 
identifying information (site name, Federal Register date and page 
number).
     Follow directions--the agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree with the terms of the 
Settlement; suggest alternatives and substitute language for your 
requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the identified 
comment period deadline.

    Dated: August 3, 2018.
Joan Tanaka,
Acting Director, Superfund Division.
[FR Doc. 2018-17584 Filed 8-13-18; 8:45 am]
 BILLING CODE 6560-50-P