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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5090-9]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to delete Kent City Mobile Home Park Site from

the National Priorities List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 announces

its intent to delete the Kent City Mobile Home Park Site (``the Kent

City 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 Response, Compensation, and

Liability Act of 1980 (CERCLA), as amended. This action to delete the

Kent City Site from the NPL is proposed because EPA, in consultation

with the State of Michigan, has determined that no further remedial

action under CERCLA is appropriate at the Site.

DATES: Comments concerning the proposed deletion of the Kent City Site

from the NPL may be submitted by December 8, 1994.

ADDRESSES: Comments may be mailed to: Betty G. Lavis, Remedial Project

Manager (HSRW-6J); Waste Management Division; Remedial Response Branch

WI/MI; U.S. Environmental Protection Agency, Region 5; 77 West Jackson

Boulevard; Chicago, IL 60604-3590.

FOR FURTHER INFORMATION CONTACT: Betty G. Lavis, Remedial Project

Manager, at (312) 886-4784; or Derrick Kimbrough, Community Relations

Coordinator at (312) 886-9749 or toll-free at (800) 621-8431, 9 a.m. to

4:30 p.m. Central Time.

SUPPLEMENTARY INFORMATION: Comprehensive information on the Kent City

Site is available for public review in the docket EPA Region 5 has

prepared, which contains the documents and information EPA reviewed in

the decision to propose to delete the Kent City Site from the NPL. The

docket is available for public review during normal business hours at

the EPA docket room and at the Kent City Library located at 43 South

Main Street in Kent City, Michigan. To obtain copies of documents in

the docket contact Betty G. Lavis, Remedial Project Manager, at (312)

886-4784 or Derrick Kimbrough, Community Relations Coordinator at (312)

886-9749 or toll-free at (800) 621-8431.

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Deletion of the Kent City Site.

I. Introduction

The U.S. Environmental Protection Agency (EPA) Region V announces

its intent to delete the Kent City Mobile Home Park Site (``the Kent

City Site'') from the National Priorities List (NPL), which constitutes

appendix B of the National Oil and Hazardous Substances Pollution

Contingency Plan (NCP) and requests public comment on this action.

The EPA identifies sites that may 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 Substances Response Trust Fund (Fund)

or responsible parties. Pursuant to 40 CFR 300.425(e)(3), any site

deleted from the NPL remains eligible for further Fund-financed

responses, and for re-listing on the NPL, if conditions at the site

ever warrant such action.

The EPA will accept comments concerning the proposal to delete the

Kent City Site from the NPL for thirty (30) days after publication of

this notice in the Federal Register.

II. NPL Deletion Criteria

The NCP establishes the criteria that 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 responses under CERCLA are

appropriate. In making this determination, EPA typically considers:

whether responsible or other parties have implemented all appropriate

response actions; whether all appropriate Fund-financed responses under

CERCLA have been implemented and no further response action by

responsible parties is appropriate; or whether the release of hazardous

substances poses no significant threat to public health or the

environment, thereby eliminating the need for remedial action.

Prior to deciding to delete a site, EPA must first determine that

the remedy, or existing site conditions at the sites where no action is

required, is protective of public health, welfare, and the environment.

In addition, Sec. 300.425(e)(2) of the NCP provides that no site shall

be deleted from the NPL until the state in which the site is located

has concurred on the proposed deletion.

Deletion of a site from the NPL does not preclude eligibility for

subsequent Fund-financed actions if future conditions warrant such

actions. Section 300.42(e)(3) provides that whenever there is a

significant release from a site deleted from the NPL, the site shall be

restored to the NPL without application of the hazard ranking system

(HRS).

Deletion of sites from the NPL does not in itself create, alter, or

revoke any individual's rights or obligations. Furthermore, deletion

from the NPL does not in any way alter EPA's right to take enforcement

actions, as appropriate. The NPL is designed primarily for

informational purposes and to assist in Agency management.

III. Deletion Procedures

The NCP, at 40 CFR 300.425(e), specifies the procedures to be

followed in deleting sites from the NPL. It directs that notice and an

opportunity to comment must be given before deleting sites from the

NPL. By this notice, EPA notifies the public of its intent to delete

the Kent City Site from the NPL and will accept comments from the

public on this proposal for a period of thirty (30) days after the date

of publication in the Federal Register.

EPA will accept and evaluate public comments before making a final

decision, and will address them in a Responsiveness Summary, if

necessary, which EPA will place in the docket for this decision. If,

after consideration of these comments, EPA decides to proceed with the

deletion, EPA will publish a Notice of Deletion in the Federal

Register. In addition, the following procedures are being used for the

intended deletion of the Kent City Site:

(1) The State of Michigan has concurred with this decision to

conduct No Further Action at the Kent City Site.

(2) Concurrent with this Notice of Intent to Delete, a local notice

will be published in the local newspaper and will be distributed to

appropriate federal, state and local officials and other interested

parties. This local notice will specify a 30-day public comment period.

(3) The Region has made all relevant documents available in the

Regional Office and local site information repository.

IV. Basis for the Intended Deletion of the Kent City Site

The Kent City Site is a 2-acre mobile home park located in Kent

City, in west-central Michigan. In December of 1982, sampling of the

65-foot deep drinking water supply well located in the mobile home park

revealed the presence of volatile organic compounds. In January and

October of 1983, the contaminated well was replaced with two 130-foot

wells five hundred feet west and upgradient of the contaminated well.

In November of 1983, the State of Michigan placed the Site on the

Michigan Act 307 List.

The source of the release, discovered in April of 1984, was a

buried 55-gallon storage drum upgradient of the well. The storage drum

collected floor drainage from a dry cleaning facility that formerly

operated at the site. The drum and surrounding soil were removed and

the area backfilled with clean soil.

In April and May of 1984, the Michigan Department of Public Health

(MDPH) sampled the four monitoring wells and twenty-nine nearby private

wells. No contamination was detected in any of these wells. The new

water supply wells are sampled every three years by MDPH; results have

consistently shown no detectable contaminants. Once the source was

removed and groundwater sampling showed no evidence of contamination,

the State of Michigan delisted the site from their Michigan Act 307

List in November of 1985.

EPA continued to evaluate the site and, based on contaminant levels

and routes of exposure present before the removal, placed it on the NPL

on July 21, 1987. No further activities were undertaken by EPA until

April 20, 1994, when EPA performed another round of groundwater

sampling. The results showed no detectable contaminants.

Following the 1994 sampling and after completing an evaluation of

all available data for the Site, EPA concluded that previous removal

activities and construction of an alternative water supply at the site

have eliminated existing and potential risks to human health and the

environment such that no further action was required. Historical and

recent sampling events indicated that the contamination was localized

and there are no longer any health risks from site-related contaminants

present in the groundwater, soil, or in nearby Ball Creek.

A Proposed Plan recommending no further action and subsequent

deletion of the Site was distributed for public comment from July 1 to

August 1, 1994. The Proposed Plan noted that the source of the

contamination was removed; subsequent groundwater and surface water

sampling events that included the monitoring wells, the two new water

supply wells, and Ball Creek Drain, have not revealed the presence of

contaminants that exceed any state or federal drinking water standards

or criteria. It also noted that carbon tetrachloride above federal

maximum contaminant levels for drinking water is still present in the

old water supply well but appears to be having no impact on the ground

water or surface water. The Proposed Plan recommended that the

contaminated well, which is not available as a water source, be

properly abandoned and grouted.

A Record of Decision (ROD) was signed on September 13, 1994 which

approved the ``No Action'' remedy.

The State of Michigan concurred with the No Action remedy on

September 6, 1994.

Dated: September 26, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-27647 Filed 11-7-94; 8:45 am]

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