National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5671-7]

National Oil and Hazardous Substances Pollution Contingency Plan

National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Carter Industrials site from the

National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region

5 announces its intent to delete the Carter Industrials Site from the

National Priorities List (NPL) and requests public comment on this

action. The NPL is codified as Appendix B of 40 CFR Part 300. It is

part of the National Oil and Hazardous Substances Pollution Contingency

Plan (NCP), which U.S. EPA promulgated pursuant to Section 105 of the

Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 (CERCLA) as amended. This action is

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being taken by U.S. EPA, because it has been determined that all

responses under CERCLA have been implemented and U.S. EPA, in

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

response is appropriate. Moreover, U.S. 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 the Site from the

NPL may be submitted on or before January 29, 1997.

ADDRESSES: Comments may be mailed to Rita Garner-Davis (SRJ) Associate

Remedial Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604. Comprehensive information on the site

is available at U.S. EPA's Region 5 office and at the local information

repository located at: Detroit Public Library, Main Library--Reference

Department, 5201 Woodward Avenue, Detroit, Michigan. Requests for

copies of documents should be directed to the Region 5 Docket Office.

The address and phone number for the Regional Docket Officer is Jan

Pfundheller (H-7J), U.S. EPA, Region 5, 77 W. Jackson Blvd., Chicago,

IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Rita Garner-Davis (SRJ) Associate

Remedial Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604, (312) 886-2440 or Derrick Kimbrough

(P-19J), Office of Public Affairs, U.S. EPA, Region 5, 77 W. Jackson

Blvd., Chicago, IL 60604, (312) 886-9749.

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 5 announces

its intent to delete the Carter Industrials 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

Section 300.425(e)(3) of the NCP, (40 CFR 300.425(e) (3)), 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 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, taking of remedial measures is not appropriate.

III. Deletion Procedures

Upon determination that at least one of the criteria described in

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, the U.S. EPA Regional

Office will prepare a Responsiveness Summary responding to each

significant comment and any significant new data submitted during the

comment period. This document shall be included in the final deletion

package. The public is welcome to contact the U.S. EPA Region 5 Office

to obtain a copy of this responsiveness summary. If U.S. EPA ultimately

determines the deletion from the NPL is appropriate, final notice of

deletion will be published in the Federal Register and the final

deletion package shall be placed in the local information depository.

IV. Basis for Intended Site Deletion

The basis for deleting the Carter Industrials Site from the NPL is

that actions taken first by EPA and the State of Michigan and then by a

group of responsible parties have cleaned up the Site, such that no

further response actions are appropriate.

The Carter Industrials Site is located at 4690 Humboldt Street in

Detroit, Michigan. The Site covers about 3.5 acres in a mixed

residential and light industrial area near downtown. For many years it

was used to store and salvage scrap metal, including oil-filled

electrical equipment. During salvage operations, dielectric fluids

containing PCBs were spilled onto the ground, contaminating site soils.

Contaminated soil then spread into the surrounding area via run-off,

wind-blown dust, and tracking of spilled materials and contaminated

soil by vehicular traffic.

In May 1986, the Michigan Department of Natural Resources (MDNR)

took soil samples at the Site, revealing high levels of PCB

contamination. On June 4, 1986, MDNR referred the Site to the Emergency

Response Program of the U.S. EPA (Region 5). On June 6, 1986, U.S. EPA

began to remove PCB contamination from residential areas bordering the

Site and to consolidate it on the Carter Industrials property.

Contaminated soil was placed in piles which were then maintained so as

to prevent any further exposure to PCBs while EPA considered options

for a permanent remedy.

On March 31, 1989, EPA listed the Site on the NPL. On September 19,

1991, EPA issued a Record of Decision (ROD), selecting low-temperature

thermal desorption as the remedy. The ROD called for a desorption unit

to be constructed on-site through which contaminated soil would have

been treated and contamination removed. Treated soil that did not meet

stipulated cleanup levels was to have been placed in a landfill

constructed on the Carter

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property. In September, 1992, 14 potentially responsible parties (``the

Carter Group'') signed a consent decree under which they agreed to

implement the remedy EPA selected.

On February 28, 1995, EPA amended the Record of Decision to change

the remedy from the low-temperature thermal desorption of PCBs to off-

site disposal. The major components of the amended remedy included: (1)

Excavation of soil on the Carter Site and from designated properties in

the neighborhood near the Site containing one part per million (ppm) or

more PCBs. (2) Demolition of contaminated buildings on the Site. (3)

Disposal of contaminated soil and debris at an approved permitted, off-

site landfill. (4) Stabilization of material containing high

concentrations of lead prior to disposal. (5) Air monitoring and dust

suppression during remedial activities. (6) Removal of underground

storage tanks and their contents from the Site in accordance with

Michigan regulations. (7) Restoration of areas where demolition or

excavation took place. (8) Maintenance of all existing site safety

measures, including fence, security guards, operation and maintenance

of surface water runoff collection and treatment system during remedial

activities.

The Carter Group began implementation of the amended remedy on

August 1, 1995, and completed work on June 21, 1996. Contaminated

material from the Carter Site was shipped to the Model City Landfill in

Model City, New York--an EPA-approved landfill with a permit to handle

PCBs. In addition to completing the work required under the amended

Record of Decision, the Carter Group also cleaned out sewer lines where

PCB contamination from the Carter Site may have collected. This action

ensured that sewer-line sludge containing PCBs would not be washed into

the Detroit River, with resulting harm to human health or the

environment.

EPA, with the concurrence of the State of Michigan, has determined

that all appropriate responses under CERCLA at the Carter Industries

Superfund Site have been completed, and no further CERCLA response is

appropriate in order to provide protection of human health and the

environment. Therefore, EPA proposes to delete the site from the NPL.

Dated: December 18, 1996.

David A. Ullrich,

Acting Regional Administrator, U.S. EPA, Region 5.

[FR Doc. 96-32975 Filed 12-27-96; 8:45 am]

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