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E-M:/ Lansing Motor Wheel Superfund Site



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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EPA wants to remove Motor Wheel from Superfund listing...

[Federal Register: June 22, 2000 (Volume 65, Number 121)]
[Rules and Regulations]
[Page 38774-38776]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn00-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6718-4]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule and request for comments.
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SUMMARY: EPA Region 5 announces the Partial Deletion of the Motor Wheel
Disposal Superfund Site from the National Priorities List (NPL) and
requests public comment on this action. Specifically, 3.45 acres of
land would be deleted from the Site. The NPL constitutes Appendix B of
40 CFR part 300 to 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. EPA is taking this action
because the Remedial Investigation (RI) has shown that the release
poses no significant threat to public health or the environment and,
therefore, remedial measures are not appropriate for the 3.45 acres of
land. EPA, in consultation with the State of Michigan, has determined
that no further response is appropriate. Moreover, EPA and the State
have determined that remedial activities conducted at the 3.45 acres of
land to date have been protective of public health, welfare, and the
environment.
DATES: This ``direct final'' action will be effective August 21, 2000
unless U.S. EPA receives dissenting comments by July 24, 2000. If
written dissenting comments are received, EPA will publish a timely
withdrawal of the rule in the Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial
Project Manager, Superfund Division, U.S. EPA, Region 5 77 W. Jackson
Blvd. (SR-6J), 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: The Lansing Public Library, Reference Section,
401 Capital Ave., Lansing, MI 48933. Requests for comprehensive copies
of documents should be directed formally 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: Heather Nelson, Remedial Project
Manager, at (312) 353-0685 (SR-6J), or Gladys Beard, Associate Remedial
Project Manager, Superfund Division (SR-6J), U.S. EPA, Region 5, 77 W.
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Jennifer Ostermeier
(P-19J), Office of Public Affairs, U.S. EPA, Region 5 77 W. Jackson
Blvd.,Chicago, IL 60604, (312) 353-0618.
SUPPLEMENTARY INFORMATION:
[[Page 38775]]
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Action
I. Introduction
EPA Region 5 announces the deletion of 3.45 acres of the Motor
Wheel Disposal Superfund Site from the National Priorities List (NPL),
appendix B of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR part 300. EPA identifies sites that
appear to present a significant risk to public health, welfare and the
environment, and maintains the NPL as the list of those sites. Sites on
the NPL may be the subject of remedial actions that the Hazardous
Substance Superfund Response Trust Fund (Fund) finances. Under
Sec. 300.425(e)(3) of the NCP, any site or portion of site deleted from
the NPL remains eligible for Fund-financed remedial actions if the
conditions at the site warrant such action.
EPA will accept comments on this proposal for thirty (30) days
after publication of this document in the Federal Register.
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 history of this site and
explains how a portion of the Site meets the deletion criteria. Section
V states EPA's prospective action of deleting a portion of the Site
from the NPL unless dissenting comments are received during the comment
period.
Deletion or partial 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 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
Section 300.425(e) of the NCP provides that Sites may be deleted
from, or recategorized on, the NPL where no further response is
appropriate. In making a determination to delete a release from the
NPL, EPA shall 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
The following procedures were followed before the proposed partial
deletion of this Site from the NPL: (1) The RI has shown that the 3.45
acres of the Motor Wheel Disposal Site poses no significant threat and
therefore, remedial measures are not appropriate; (2) the State of
Michigan has concurred with the proposed deletion decision; (3) a
notice has been published in the local newspaper and has been
distributed to appropriate federal, state, and local officials and
other interested parties announcing the commencement of a 30-day
dissenting public comment period on EPA's Direct Final Action for
Partial Deletion; and, (4) all relevant documents have been made
available for public review in the local Site information repositories.
EPA is requesting only dissenting comments on the Direct Final Action
for Partial Deletion.
For partial deletion of the Site, EPA's Regional Office will accept
and evaluate public comments on EPA's Final Notice. If necessary, the
Agency will prepare a Responsiveness Summary, responding to each
significant comment submitted during the public comment period. As
stated in section I above, deletion or partial deletion of the Site
from the NPL does not itself create, alter, or revoke any individual's
rights of obligations. The NPL is designed primarily for informational
purposes and to assist Agency management.
IV. Basis for Intended Partial Site Deletion
Motor Wheel is a 24-acre site located on the northeast edge of the
City of Lansing within the NE \1/4\,SW \1/4\, section 3 of Lansing
Township (T.4N., R.2W.), Ingham County, Michigan. The Site is bordered
by abandoned Michigan Central Railroad tracks to the west and north, by
the W.R. Grace & Co. plant (formerly Michigan Fertilizer Company) to
the south, and by the Lansing/Lansing Township boundary to the east.
The property was used by Motor Wheel Corporation as a disposal site
for industrial wastes from 1938 until about 1978. The types of disposed
wastes included, solid and liquid industrial wastes, including paints,
solvents, liquid acids and caustics, sludges and other wastes. Wastes
were disposed of on the property in tanks, barrels, and seepage pond
areas for off-site disposal.
In December of 1982 there was a removal of three 10,000 gallon
tanks and their contents, and degraded fill material from several
locations on the Site. At the Motor Wheel Disposal Site, the RI has
shown that the 3.45 acres are no threat to public health or the
environment. The three tanks and approximately 800 cubic yards of
contaminated soil and fill surrounding them, and approximately 350
cubic yards of fill material containing an unknown number of drums,
were disposed of off site.
All operations at the Site were discontinued in 1987. The entire
Site is currently inactive. MSV & Associates, which purchased the Site
in 1978 and mined sand and gravel in the northeast portion of the
property until 1987, is the current owner of the property. The key
surface feature of the Site, the sand and gravel pit extending over the
northern portion of the Site, is the result of earlier quarrying
activities. The pit area, excavated to a depth of 50 feet, has
relatively steep sided walls and a slope ranging from 2:1
(horizontal:vertical) to near vertical. There are several small ponds
in the eastern part of the pit bottom.
Remedial Construction Activities
EPA issued a ROD September 30, 1991 selecting a remedy that
includes the following major elements:
<bullet> Construction of a landfill cap in the area of waste
disposal.
<bullet> Construction and operation of a collection system to
contain and extract ground water contaminated by Site related hazardous
constituents.
<bullet> Construction and operation of a treatment plant to treat
contaminated ground water prior to surface discharge.
Design of the multimedia cap, which covers the entire fill area is
based on the specifications of Michigan Act 64. The cap also meets and
exceeds the requirements for a RCRA subtitle C cap. The cap covers
about 11.3 acres of waste area including additional backfilled areas
which are necessary to maintain the cap's integrity. The capped area
totals about 14.9 acres. The capped area is fenced to restrict access.
The 3.45 acres are located outside of the capped area. The Site is
defined as the parcel of land in the East \1/2\ of the Southwest \1/4\
of section 3, T4N, R2W, City of Lansing, Ingham County, Michigan; the
boundary of said parcel being described as commencing at the South \1/
4\ Corner of section 3, T4N, R2W, Michigan Meridian; thence N
00 deg.00'01" W, along
[[Page 38776]]
the North-South \1/4\ line of said Section, 1310.21 feet to the
centerline of Lake Lansing Road and to the point of beginning; thence S
48 deg.58'00" W, along the centerline of Lake Lansing Road, 9.46 feet;
thence S 89 deg.46'42" W, along the North line of the Plat of Park
Manor Heights, 224,75 feet; thence N 18 deg.44'17" 100.00 feet; thence
N 08 deg.10'31" W, 7097 feet; thence N 02 deg.35'23" W, 379.08 feet;
thence N 88 deg.30'21" E, 291.32 feet; thence S 00 deg.00'01" E, along
the North-South \1/4\ line of said section, 544.16 feet to the point of
beginning; said parcel contains the 3.45 acres of land which is
intended for deletion.
The ROD, based on information provided in the Remedial
Investigation (RI), included a provision for the collection and
treatment of contaminated groundwater from an on-site perched aquifer
and from the glacial aquifer below and in the near vicinity of the
Site. The ROD also indicated the potential for additional remediation
to address any contamination which may have entered the bedrock
aquifer.
A special notice letter was issued to the PRP's on December 10,
1991. The negotiations which followed the PRP's good faith offer,
resulted in an agreement to proceed with a Remedial Design (RD) under
an Administrative Order on Consent (May 26, 1992); a letter of intent
from PRP's to enter into the negotiated Remedial Action (RA) Consent
Decree; and extension of the moratorium to accommodate the Respondents
desire to resolve internal allocation issues through arbitration prior
to signing the Consent Decree. This agreement also included the PRP's
declared intention to continue investigation of water quality in the
bedrock aquifer and to address contamination in the bedrock aquifer, if
any, in this action. The RA Consent Decree was entered April 22, 1994.
Groundwater investigations conducted in conjunction with pre-design
studies indicated a more extensive area of groundwater contamination
within the glacial aquifer extending about 7200 feet down gradient from
the Site and geologic conditions which showed a potential pathway for
migration of contaminants from the glacial to the bedrock aquifer.
An additional investigation of water quality in the bedrock aquifer
was also a part of the predesign study. Results of this investigation
summarized in The Investigation of the Saginaw Aquifer at the Motor
Wheel Disposal Site, November 1996 indicated that levels of some site
related contaminants in the bedrock aquifer exceed drinking water
standards. On the basis of this information the design of the
groundwater collection and treatment system was expanded to accommodate
the expected volume from the bedrock aquifer. The RI did not show
contaminated groundwater beneath the 3.45 acres.
The RD conducted in accordance with the ROD and the approved RD
Work Plan was approved by EPA and the RA was formally initiated by PRP
contractors July 25, 1997. All remedial activities were conducted as
planned. EPA and the State conducted pre-final inspections. The
inspection report includes a description and a schedule for correcting
minor construction items by the PRP contractor. EPA and the State
determined that the following RA activities were completed according to
ROD design specifications:
<bullet> Construction of an engineered cap which meets applicable
or relevant and appropriate requirements over the on-site waste
disposal area;
<bullet> Construction of an extraction and collection system to
contain groundwater in the perched, glacial and bedrock aquifers which
contain site related hazardous constituents;
<bullet> Construction of an on-site facility for treatment of
contaminated groundwater; and
<bullet> Construction of a main system for discharge of treated
groundwater.
The groundwater extraction and treatment system began operation
November 20, 1997 and is scheduled to continue until cleanup standards
have been achieved.
V. Action
EPA, with the State of Michigan concurrence, has determined that no
responses are necessary at the 3.45 acres which comprise a portion of
the Motor Wheel Disposal Site, and no further CERCLA response is
appropriate or necessary in order to provide protection of human health
and the environment other than the ongoing inspection, maintenance and
monitoring activities. Therefore, EPA is deleting that portion of the
Site which is comprised of 3.45 acres from the NPL.
This action will be effective August 21, 2000. However, if EPA
receives dissenting comments by July 24, 2000, EPA will publish a
timely withdrawal of the rule in the Federal Register informing the
public that the rule will not take effect.
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, Water supply.
Dated: June 7, 2000.
Robert Springer,
Acting Regional Administrator, Region 5.
Part 300, Title 40 of Chapter 1 of the Code of Federal Regulations
is amended as follows:
PART 300--[AMENDED]
1. The authority citation for Part 300 continues to read as
follows:
Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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--[Amended]
2. Table 1 of appendix B to part 300 is amended by removing the
entry for Motor Wheel, Inc., Lansing, MI.
[FR Doc. 00-15388 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-P

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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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