
[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70057-70061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29069]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9488-7]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Tar Lake Superfund 
Site

AGENCY: Environmental Protection Agency (EPA).

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 Partial Deletion of the following 
two parcels of the Tar Lake Superfund Site (Site) located in Mancelona, 
Michigan from the National Priorities List (NPL): The non-East Tailings 
Area (ETA) part of property PIN 05-11-129-006-00 (41.4 acres); and the 
non-ETA part of property PIN 05-11-129-007-00 (33.63 acres). Refer to 
Figures 1 to 3 in the deletion docket to view the location of the two 
parcels being proposed for deletion. 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 partial 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 at these two parcels under CERCLA, other 
than operation, maintenance and five-year reviews, have been completed. 
However, this partial deletion does not preclude future actions under 
Superfund.
    This partial deletion pertains only to the two property PINs listed 
above. The deletion of these two parcels from the Site affects all 
surface soils, subsurface soils, structures and groundwater within the 
boundaries of these parcels. In 2005, the ETA, approximately 45.49 
acres in the northeastern part of the Site, was deleted from the NPL 
when EPA determined that the ETA was acceptable for unrestricted use 
and unlimited exposure (UU/UE). The two parcels being proposed for 
deletion are adjacent to and south of the ETA. The remaining areas of 
the Site will remain on the NPL and are not being considered for 
deletion as part of this action.

DATES: This direct final partial deletion is effective January 9, 2012 
unless EPA receives adverse comments by December 12, 2011. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     Email: Karen Cibulskis, Remedial Project Manager, at 
cibulskis.karen@epa.gov or Megan McSeveney, Community Involvement 
Coordinator, at mcseveney.megan@epa.gov.
     Fax: Gladys Beard, Deletion Process Manager, at (312) 697-
2077.
     Mail: Karen Cibulskis, Remedial Project Manager, U.S. 
Environmental Protection Agency, Region 5 (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 886-1843; or Megan McSeveney, 
Community Involvement Coordinator, U.S. Environmental Protection Agency 
(SI-7J), 77 West Jackson Boulevard, Chicago, IL 60604, (312) 886-1972 
or (800) 621-8431.
     Hand delivery: Megan McSeveney, 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., excluding 
Federal holidays.
    Instruction: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1983-0002. 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

[[Page 70058]]

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 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 is not 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, Hours: Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
     Mancelona Public Library, 202 West State Street, 
Mancelona, MI 49659, Phone: (231) 587-9451, Hours: Monday through 
Thursday, 9 a.m. to 8 p.m.; Friday 12 p.m. to 6 p.m. and Saturday 9 
a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Karen Cibulskis, Remedial Project 
Manager, U.S. Environmental Protection Agency, (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 886-1843, cibulskis.karen@epa.gov.
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 Partial 
Deletion to delete two parcels of the Tar Lake Superfund Site from the 
NPL. This partial deletion pertains to all surface soils, subsurface 
soils, structures and groundwater within the boundaries of the non-ETA 
part of PIN 05-11-129-006-00 (41.4 acres) and the non-ETA part of PIN 
05-11-129-007-00 (33.63 acres). 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 (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 partial deletion of the Tar Lake Superfund Site 
is proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List, 60 FR 55466 (Nov. 1, 1995). As described in 
section 300.425(e)(3) of the NCP, a portion of a site deleted from the 
NPL remains eligible for Fund-financed remedial action if future 
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective January 9, 2012 unless EPA 
receives adverse comments by December 12, 2011. Along with this direct 
final Notice of Partial 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 Partial Deletion before the 
effective date of the partial deletion and the partial 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 for Partial Deletion 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 two parcels of the Tar Lake 
Superfund Site and demonstrates how they meet the deletion criteria. 
Section V discusses EPA's action to partially delete these two parcels 
of the Site from the NPL unless adverse comments are received during 
the public comment period.

II. NPL Partial 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 UU/UE. EPA conducts such five-year reviews 
even if a 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. Partial Deletion Procedures

    The following procedures apply to this partial deletion of the Tar 
Lake Superfund Site:
    (1) EPA consulted with the State of Michigan on this partial 
deletion prior to developing this direct final Notice of Partial 
Deletion and the Notice of Intent to Delete co-published today in the 
``Proposed Rules'' section of the Federal Register.
    (2) EPA provided the State with 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today; and the State, through MDEQ, concurred on the 
partial deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Partial Deletion, a notice of the availability of

[[Page 70059]]

the parallel Notice of Intent for Partial Deletion is being published 
in a major local newspaper, The Antrim Review, in Bellarie, Michigan. 
The newspaper notice announces the 30-day public comment period 
concerning the Notice of Intent for Partial Deletion of the Site from 
the NPL.
    (4) EPA placed copies of documents supporting the proposed partial 
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 partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice for Partial 
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 for Partial Deletion and the comments already 
received. Deletion of a portion of a site from the NPL does not in 
itself create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 partial 
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 Deletions

    The following information provides EPA's rationale for deleting the 
non-ETA part of PIN 05-11-129-006-00 (41.4 acres) and the non-ETA part 
of PIN 05-11-129-007-00 (33.63 acres) of the Site from the NPL.

Site Background and History

    The Site (EPA ID: MID980794655) originally consisted of 
approximately 234 acres of land located just east of Highway 131, north 
and south of Elder Road, and south of the Village of Mancelona in the 
north central part of the lower peninsula of Michigan. The John Otis 
Charcoal Iron Furnace Company manufactured iron at the Site from 1882 
to 1886, and the Antrim Iron Works Company took over the Site in 1886 
and continued to manufacture iron there until 1945. From approximately 
1910 to 1944, a tar-like residue from Antrim Iron Works' charcoal 
production process was discharged into an on-site depression south of 
Elder Road (also known as ``Tar Lake'') that covered four acres of 
land. The Site was proposed to be placed on the NPL on December 30, 
1982 (47 FR 58476); and was placed on the NPL on September 8, 1983 (48 
FR 40658).
    The Site was separated into two operable units (OUs): The first 
operable unit (OU1) included the tar contamination in the 4-acre 
depression in the northwest corner of the Site and the second operable 
unit (OU2), comprised the remaining contamination beneath the 4-acre 
Tar Lake depression and any additional contaminated groundwater and 
soil within the Site. On November 25, 2005 EPA partially deleted the 
ETA component of OU2. At this time, all surface soils, subsurface 
soils, structures and groundwater within the boundaries of the non-ETA 
part of PIN 05-11-129-006-00 (41.4 acres) and the non-ETA part of PIN 
05-11-129-007-00 (33.63 acres) proposed for deletion are part of OU2. 
All of OU1 and the remaining sections of OU2 will remain on the NPL 
(please refer to Figures 1 to 3). This partial deletion notice will 
focus on the activities conducted at the two parcels in OU2 subject to 
this notice.
    Ownership of the Site changed several times during the succeeding 
years after 1945, and in 2009 Mancelona Private Power Producers (MP3) 
of Traverse City, Michigan, purchased the two parcels that are the 
subject of this partial deletion and are the current owners of this 
property. MP3 is an energy company planning to build and operate a 
$140,000,000 biomass energy plant on these two parcels and the already-
deleted ETA section of the Site.

Remedial Investigation and Feasibility Study (RI/FS)

    In June 1999, EPA commenced the Remedial Investigation (RI) field 
work for OU2. The overall objective of the RI for OU2 was to 
characterize what effects, if any, the former iron manufacturing 
processes had on the Site, including determining the lateral and 
vertical extent of any contamination; understanding the potential risk 
to human health and the environment; and developing sufficient data to 
perform a feasibility study (FS). As part of the RI/FS for OU2, EPA 
conducted a baseline risk assessment to determine the current and 
future effects of contaminants on human health and the environment. 
Initially, the Site was anticipated to have only industrial reuse 
potential. The RI for OU2 originally quantified only industrial reuse 
risks, but was expanded to apply address industrial, commercial, 
recreational, and residential uses.
    During the RI, EPA determined that an on-site plume of groundwater 
in the shallow unconfined aquifer beneath the 4-acre Tar Lake 
depression was contaminated with benzene and 2,4-dimethylphenol above 
maximum contaminant levels (MCLs) and state drinking water standards. 
EPA also concluded that on-site groundwater collected from groundwater 
monitoring wells and off-site groundwater collected from residential 
wells in the shallow drinking water aquifer were contaminated with iron 
and manganese at concentrations above the State of Michigan's Secondary 
Drinking Water Standards, but not at concentrations above EPA's health-
based risk levels. Therefore, the 2002 Record of Decision (ROD) 
determined that iron and manganese were not chemicals of concern for 
the CERCLA remedy. Groundwater samples collected up gradient and 
between the 4-acre depression and the two parcels proposed for deletion 
did not contain benzene, 2,4-dimethylphenol or iron above MCLs or risk-
based levels during the RI. The RI and FS were completed on August 7, 
2000.

Selected Remedy

    A ROD for OU2 was signed on February 25, 2002 to address the soil 
and groundwater. The OU2 ROD listed the following site-wide remedial 
action objectives:
    a. Prevent human exposure through contact, ingestion, or inhalation 
of contaminated tarry-like waste residue (surface tar) in the Creosote 
Area.
    b. Prevent potential ecological impacts from exposure to surface 
tar.
    c. Control potential erosion and off-site transport of tar to 
nearby Nelson Lake.
    d. Prevent leaching of contaminants from the 4-acre depression or 
``rind'' into soil and from soil into groundwater.
    e. Remediate on-site contaminated groundwater in the shallow 
unconfined aquifer to concentrations below MCLs or risk-based Michigan 
PA 451 Part 201 Generic Cleanup Criteria for Groundwater within a 
reasonable time frame. Groundwater down gradient of the site is used 
for drinking water purposes and therefore a rapid restoration of on-
site groundwater should be considered.
    f. Minimize potential for future releases of contaminated on-site 
groundwater to off-site groundwater.
    The parcels identified for deletion are up gradient of both the 
sources of contamination and the contaminated groundwater plume being 
addressed in the ROD for OU2. The elements of the selected remedy 
pertaining to the two parcels are:

[[Page 70060]]

    a. Institutional controls (ICs), including recording legal notices 
on property deeds to restrict on-site land and groundwater use; and
    b. Long-term monitoring to assess groundwater conditions over time.
    The ICs would indicate that only industrial, commercial and 
recreational land use would be allowed until risks associated with 
residential use had been assessed. In addition, EPA would ensure that 
the current property owners place language in their property deed to 
explain that no groundwater wells should be installed until on-site 
groundwater in the shallow drinking water aquifer is below the MCL for 
benzene (5 parts per billion (ppb)) and below the state drinking water 
standard for 2,4-dimethylphenol (370 ppb). When groundwater monitoring 
indicates that on-site groundwater is below MCLs and state drinking 
water standards during four consecutive sampling events, there would no 
longer be restrictions on groundwater.
    Two Explanation of Significant Differences (ESDs) were written, in 
2002 and 2004, for the Site; however neither one impacted the areas 
currently proposed for deletion. In 2009, property owners redeveloping 
a portion of the Site requested clarification of the groundwater 
institutional controls. The 2002 ROD did not clarify whether 
groundwater use was prohibited on the entire site until the groundwater 
contamination is cleaned up, even if groundwater sampling at a specific 
property indicates chemical concentrations are below MCLs and MDEQ 
criteria at that property. Also, the requirements for groundwater use 
referenced in the 2002 ROD are drinking water standards. On September 
14, 2009 EPA issued an ESD clarifying that groundwater at the Site may 
be used for either drinking water or non-potable purposes before the 
biosparge groundwater treatment cleanup is complete, provided the use 
of the groundwater does not negatively impact EPA's selected remedy for 
the site, including, but not limited to, the biosparge system and 
groundwater monitoring wells, or pose an unacceptable risk to human 
health. The restrictive covenants or other institutional controls to be 
implemented at the Site will state that groundwater at the Site may be 
used for drinking water or non-potable purposes provided the property 
owner submits a proposal to EPA and MDEQ, showing the proposed depth, 
location and pumping rate of each proposed non-potable well, including 
an evaluation demonstrating that the expected use of the proposed 
well(s) should not negatively impact EPA's remedy. The proposal must 
also certify that non-potable wells will not be used for potable use 
and for drinking water wells, and the property owner must submit four 
consecutive sampling events at a monitoring well installed at each 
proposed well location, indicating that groundwater contaminants do not 
exceed applicable MCLs, MDEQ drinking water criteria, and other 
applicable or relevant and appropriate criteria.

 Response Actions

    Institutional controls are necessary for the non-ETA part of PIN 
05-11-129-006-00 (41.4 acres) and the non-ETA part of PIN 05-11-129-
007-00 (33.63 acres) to restrict residential land use because the ROD, 
and subsequent investigations, assumed future commercial, industrial or 
recreational land use. In addition, ICs are necessary for groundwater 
to prevent drinking water wells or non-potable use wells from being 
installed and to protect the integrity of the ongoing biosparge remedy, 
unless property owners provide assurances that groundwater use does not 
impact the ongoing groundwater remedy or provide an unacceptable risk. 
On April 16, 2010 and June 10, 2010 MP3 recorded two Declarations of 
Restrictive Covenants for the non-ETA part of PIN 05-11-129-006-00 
(41.4 acres), and the non-ETA part of PIN 05-11-129-007-00 (33.63 
acres), respectively. These Declarations are consistent with the land 
and groundwater use restrictions required in EPA's 2002 ROD and 2009 
ESD. These restrictive covenants were approved by both EPA and the 
state before being recorded. These two parcels are facilities as that 
term is defined in part 201 (Environmental Remediation) of the State of 
Michigan's Natural Resources and Environmental Protection Act, 1994 PA 
451, as amended (NREPA). MDEQ makes no warranty as to the fitness of 
these two parcels for any general or specific use, and prospective 
purchasers or users are advised to conduct due diligence prior to 
acquiring or using any portion of these two parcels and to undertake 
appropriate actions to comply with the requirements of section 20107a 
of the NREPA.
    As noted in the RI, groundwater sampling conducted up gradient and 
between the 4-acre depression and the two parcels proposed for deletion 
did not contain benzene, 2,4-dimethylphenol or iron above MCLs or EPA 
risk-based levels. Sampling during the RI at MW-16, located within the 
parcels proposed for deletion, also resulted in non-detects for 
Volatile Organic Compounds (VOCs) and Semi-Volatile Organic Compounds 
(SVOCs) prior to the well going dry. MDEQ has been conducting annual 
and semi-annual groundwater monitoring since 2004 at a groundwater 
monitoring well cluster located between the area of groundwater 
contamination that is being remediated as part of OU2 and the two 
parcels that are being deleted. Benzene, 2,4-dimethylphenol, 
methylphenols or iron have not been detected in these wells above 
applicable criteria, including MDEQ's health-based drinking water 
standard for iron, which is currently 2,000 [mu]g/L. This data, along 
with the data collected from MW-16 and subsequent groundwater data 
collected by the current property owner for their Baseline 
Environmental Assessment and Due Care Plan, provides assurance that the 
contaminated groundwater plume being remediated as part of OU2 has not 
impacted the groundwater beneath these two parcels.

Cleanup Goals

    EPA determined and documented in a June 22, 2010 memo to the file 
that all remedy components pertaining to these two parcels have been 
implemented. There were no cleanup standards associated with remedial 
actions taken at these parcels. Groundwater monitoring results obtained 
during the RI and during the operation of the groundwater remedy 
demonstrate that MCLs and MDEQ Residency Drinking Water Criteria (RDWC) 
for benzene (5 [mu]g/L), 2,4-dimethylphenol (370 [mu]g/L), 
methylphenols (370 [mu]g/L) or iron (2,000 [mu]g/L) have not been 
exceeded in the groundwater underlying these parcels proposed for 
deletion.

Operation and Maintenance

    The selected remedy in the 2002 ROD did not specify any ongoing 
operation and maintenance on the two parcels being proposed for 
deletion, other than ensuring compliance with the recorded ICs and 
conducting monitoring to ensure groundwater is not being impacted by 
the benzene contaminated groundwater beneath Tar Lake.

 Five-Year Review

    EPA conducted a five-year review of the Site in 2009 and determined 
that the remedy selected in the 2002 ROD was protective in the short-
term. The five-year review did not recommend any modifications to the 
selected remedy for the two parcels being proposed for deletion. To 
achieve long-term protectiveness, the five-year review recommended 
implementation of proper restrictive covenants on all Site properties 
now in place for these two

[[Page 70061]]

parcels proposed for deletion, as well as additional data collection 
and evaluation activities in some areas of the Site to evaluate iron 
concentrations in groundwater. These evaluations being conducted are 
outside the boundaries of these two parcels and do not affect these two 
parcels. Five-year reviews will continue because waste was left in 
place in other areas of the Site above levels that allow for 
unrestricted use/unrestricted exposure (UU/UE). These two parcels 
proposed for deletion will be reviewed during the Site-wide FYR to 
ensure compliance with the institutional controls. The next five-year 
review will be conducted in 2014.

Community Involvement

    Public participation activities have been satisfied as required by 
section 113(k) of CERCLA, 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 
determining that the parcels listed herein meet the criteria for 
deletion from the NPL are available to the public in the information 
repositories listed above in the Docket section and at http://www.regulations.gov.

Determination That the Criteria for Deletion Have Been Met

    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 
appropriate response actions under CERCLA, other than five-year 
reviews, have been completed on the non-ETA part of PIN 05-11-129-006-
00 (41.4 acres) and the non-ETA part of PIN 05-11-129-007-00 (33.63 
acres). Therefore, these two parcels meet the criteria of 40 CFR 
300.425(e) may be deleted from the NPL. The State of Michigan, through 
MDEQ, concurred on this proposed deletion by letter dated May 10, 2011.

Deletion Action

    EPA, with concurrence of the State of Michigan through MDEQ, has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, monitoring and five-year reviews, have 
been completed. Therefore, EPA is deleting all surface soils, 
subsurface soils, structures and groundwater within the boundaries of 
the non-ETA part of PIN 05-11-129-006-00 (41.4 acres) and the non-ETA 
part of PIN 05-11-129-007-00 (33.63 acres) parcels of the Tar Lake 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 January 9, 2012 unless EPA receives adverse comments by 
December 12, 2011. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final Notice for Partial 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 for Partial Deletion 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: October 24, 2011.
Susan Hedman,
Regional Administrator, Region 5.

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

PART 300--[AMENDED]

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

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; 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]

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry 
under ``Tar Lake'', ``MI '' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
           State                      Site name                   City/County                   Notes a
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                   MI                     Tar Lake                       Antrim                           P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
a * * *
P = Sites with partial deletion(s).

[FR Doc. 2011-29069 Filed 11-9-11; 8:45 am]
BILLING CODE 6560-50-P


