[Federal Register: July 7, 2005 (Volume 70, Number 129)]
[Rules and Regulations]
[Page 39180-39182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy05-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7934-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Deletion of the Jones Sanitation Superfund Site
from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces
the deletion of the Jones Sanitation Superfund Site (Site), located in
Hyde Park, New York, from the National Priorities List (NPL) and will
consider public comment on this action.
The NPL is Appendix B of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.
This Direct Final Notice of Deletion is being published by EPA with the
concurrence of the State of New York, through the Department of
Environmental Conservation (NYSDEC). EPA and NYSDEC have determined
that potentially responsible parties have implemented all appropriate
response actions required. Moreover, EPA and NYSDEC have determined
that the Site poses no significant threat to public health or the
environment.
DATES: This direct final deletion will be effective September 6, 2005
unless EPA receives significant adverse comments by August 8, 2005. If
significant adverse comments are received, EPA will publish a timely
withdrawal of this direct final deletion in the Federal Register,
informing the public that the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Isabel Rodrigues, Remedial
Project Manager, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor,
New York, New York 10007-1866.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at:
U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, Room 1828, New York, New York 10007-1866, (212)
637-4308, Hours: 9 a.m. to 5 p.m., Monday through Friday; By
Appointment
and,
Hyde Park Free Public Library, 2 Main Street, Hyde Park, NY 12538,
Hours: 9 a.m. to 8 p.m., Monday and Tuesday, 12 to 8 p.m., Wednesday
and Thursday, 9 a.m. to 2 p.m., Saturday; By Appointment.
FOR FURTHER INFORMATION CONTACT: Ms. Isabel Rodrigues, Remedial Project
Manager, U.S. EPA Region 2, 290 Broadway, 20th Floor, New York, New
York 10007-1866, (212) 637-4248; Fax Number (212) 637-4284; Email
address: Rodrigues.Isabel@EPA.GOV.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
I. Introduction
EPA Region 2 announces the deletion of the Jones Sanitation
Superfund Site from the NPL. The EPA maintains the NPL as the list of
those sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL can have remedial actions
financed by the Hazardous Substances Superfund Response Trust Fund.
EPA considers this action to be noncontroversial and routine, and
therefore, EPA is taking it without prior publication of a Notice of
Intent to Delete. This action will be effective September 6, 2005
unless EPA receives significant adverse comments by August 8, 2005 on
this action or the parallel Notice of Intent to Delete published in the
Notice section of today's Federal Register. If significant adverse
comments are received within the 30-day public comment period, EPA
Region 2 will publish a timely withdrawal of this Direct Final Deletion
before the effective date of the deletion and the deletion will not
take effect. EPA will, if appropriate, prepare a response to comments
and continue with the deletion process on the basis of the Notice of
Intent to Delete and the comments already received. There will be no
additional opportunity to comment.
Section II explains the criteria for deleting sites from the NPL.
Section III discusses procedures that EPA is using for this action.
Section IV discusses the Jones Sanitation Superfund Site and
demonstrates how it meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that Sites may be deleted
from the NPL where no further response is appropriate. In making this
determination, EPA, in consultation with the state, shall consider
whether any of the following criteria have been met:
i. Responsible parties or other parties have implemented all
appropriate response actions required;
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ii. All appropriate Fund-financed responses under CERCLA have been
implemented, and no further 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,
implementing remedial measures is not appropriate.
EPA proposes to delete this Site because potentially responsible
parties have implemented all appropriate response actions. If new
information becomes available which indicates a need for further
action, EPA may initiate such actions based upon Section 300.425(e)(3)
of the NCP. Pursuant to Section 300.425(e)(3) of the NCP, a site
deleted from the NPL remains eligible for remedial actions if
conditions at the Site warrant such action.
III. Deletion Procedures
The following procedures were used for the intended deletion of
this Site:
(1) The Site was listed on the NPL in July 1987.
(2) In March 1991, Theodore Losee and Alfa-Laval, Inc., signed an
Administrative Order on Consent with EPA in which they agreed to
perform the Remedial Investigation/Feasibility Study (RI/FS) for the
Site.
(3) The RI Report was completed in 1995, the FS Report in July
1996.
(4) On March 31, 1997, EPA issued a Record of Decision which
selected a remedy for the Site which included engineered and
institutional controls.
(5) On December 6, 2001, EPA determined that the engineered
controls had been constructed.
(6) In September of 2004, institutional controls were recorded with
the Dutchess County Register of Deeds.
(7) The EPA consulted with the NYSDEC on the deletion of this Site
and NYSDEC concurred with the deletion of the Site from the NPL on
March 1, 2005.
(8) Concurrently with the publication of this Direct Final
Deletion, a parallel Notice of Intent to Delete has been published
today in the Notice section of the Federal Register. Notices are also
being published in local newspapers and appropriate notice is being
provided to federal, state, and local government officials and other
interested parties.
(9) The EPA placed copies of documents supporting the deletion in
the Site information repositories identified above.
If no significant adverse comments are received, the Site will be
deleted. If significant adverse comments are received within the 30-day
public comment period on this action, EPA will publish a timely notice
of withdrawal of this Deletion before its effective date. EPA will
prepare, if appropriate, a response to comments and continue with the
deletion process on the basis of the Notice of Intent to Delete and the
comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take appropriate
enforcement actions. The NPL is the list of uncontrolled hazardous
substances releases in the United States that are priorities for long-
term remedial evaluation and response.
IV. Basis For Site Deletion
The following summary provides a brief description and history of
the Jones Sanitation Superfund Site and provides the Agency's rationale
for recommending deletion of the Site from the NPL.
The Jones Sanitation Site consists of a 57-acre parcel of land
located approximately one-half mile northeast of the intersection of
Crum Elbow Road and Cardinal Road in Hyde Park, New York. The Maritje
Kill flows from the northeast to the southeast across the eastern side
of the Site. Another unnamed stream enters the northern side of the
Site, flows into wetlands on the northwestern side of the property, and
flows off-site to the west. Freshwater wetlands surround the northern,
southern, and western portions of the Site.
The majority of the property is heavily wooded, but a large cleared
area exists in the western-central portion of the Site and extends to
the northeast. The Site is zoned residential but the prior commercial
use had been grandfathered.
For 30 years, septage wastes were treated and disposed at the Site
from homes, businesses, institutions, and industrial facilities. For
approximately 17 years, industrial wastewater was treated and disposed
at the Site. Beginning in 1970, NYSDEC and Dutchess County Health
Department conducted several investigations of the Site including
sampling of on-site soils, groundwater, surface water, and stream
sediments. Some off-site private and public wells were also sampled.
Volatile organic compounds (VOCs), semi-volatile organic compounds,
polynuclear aromatic hydrocarbon compounds, polychlorinated biphenols
and metals were detected at varying concentrations in site media. Based
on the results of these investigations, the Site was placed on the NPL
in July 1987. At that time, EPA became the lead agency for the Site
with support from the NYSDEC.
In March 1991, Theodore Losee and Alfa-Laval, Inc., signed an
Administrative Order on Consent with EPA in which they agreed to
perform the Remedial Investigation/Feasibility Study (RI/FS) for the
Site. The RI Report was completed in 1995 and the FS Report in July
1996.
On March 31,1997, EPA issued a Record of Decision (ROD) which
selected the following remedy: excavation of contaminated soils in
outlying areas and placement of these soils in a central disposal area;
construction of a cap over the central disposal area; implementation of
a groundwater monitoring program; and implementation of institutional
controls.
In September 1997, Theodore Losee and Alfa Laval, Inc. signed a
Consent Decree with the United States in which they agreed to perform
the remedy outlined in the ROD. The Consent Decree was entered by the
Court on February 4, 1998.
The Final Design Report, which EPA approved in July 2000,
established the design criteria and schedule for the remediation
including the requirements for long-term groundwater monitoring once
construction activities were completed.
Construction activities at the Site started in June 2001. The
Remedial Action activities included: the excavation of soils in several
trenches and the backfill of these areas with clean fill/topsoil and
restoration of these areas; consolidation of soils from the trenches
into the central disposal area; and construction of a NYCRR Part 360
cap in the central disposal area. The constructed cap is approximately
4.6 acres. The analytical results from post-excavation soils samples
collected from the excavated areas indicated that the remaining soils
in excavated areas met the cleanup levels required by the ROD. This
work was conducted from June thru October 29, 2001. Seeding of the cap
area was completed in November 2001.
The total amount of contaminated waste material excavated and
placed under the cap was 13,864 cubic yards (CY). The total volume of
contaminated waste material was significantly greater than the volume
estimated in the ROD, which was 6,550 CY. This was mainly due to a
greater than expected volume of contamination encountered during
excavation.
On October 12, 2001, EPA and the State conducted a final
inspection. The inspection found that the work was
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completed in accordance with the ROD and the Consent Decree including
the construction of the cap and installation of the fence. Information
on the site construction is contained in the Remedial Action Report
dated September 2002.
The long-term groundwater monitoring program began once the
construction of the cap was completed. The groundwater monitoring
program includes 15 on-site monitoring wells completed both in shallow
and deeper portions of the on-site aquifer. In addition, ten off-site
residential drinking water supply wells in the immediate vicinity of
the site were included in the program.
The continuing operation and maintenance (O&M) activities at the
site are being performed by Lawler Matusky & Skelly Consultants Inc.
under contract to Alfa-Laval. EPA and NYSDEC approved an O&M Plan for
the site entitled ``Long-Term Monitoring and O&M Plan'' dated January
2002. O&M activities include: groundwater monitoring of ten nearby
residential supply wells and 15 on-site monitoring wells as well as gas
monitoring and routine inspections to insure that the capped area is
functioning as designed.
Groundwater samples are analyzed by a New York State Department of
Health approved laboratory and all of the data are reviewed by an
independent data validation service. The ten residential wells that are
in the long-term monitoring program were selected for inclusion in the
sampling program based on anticipated groundwater flow directions,
proximity to the site, and from which aquifer the well was drawing
water. The groundwater results for the residential wells indicate that
the site does not impact the quality of off-site groundwater in either
the shallow overburden or deeper bedrock aquifer found in the vicinity
of the site.
The objectives of the monitoring of the on-site monitoring wells
are to evaluate and track groundwater flow patterns and chemistry and
observe the natural attenuation of groundwater contamination.
On-site groundwater was found to be only minimally impacted by past
site activities. Comparing the results to the applicable NYSDEC Class
GA groundwater standards, only a few VOCs were detected above the
standards during the past rounds of sampling. A total of ten individual
metals were found above applicable standards. Of these, seven are
believed to be site-related contaminants: arsenic, copper, antimony,
thallium, chromium, nickel and lead. The concentrations of iron,
manganese, and sodium which are above standards appear to be due to
naturally elevated levels of these constituents in the bedrock aquifer.
Institutional controls consisting of an easement and deed
restriction limiting access to the Site and preventing use of
contaminated water as a drinking water source were filed with the
Dutchess County Register of Deeds in September of 2004.
Public participation activities for this Site have been satisfied
as required by CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA
Section 117,42 U.S.C. 9617. The RI/FS and the ROD were subject to a
public review process. All documents and information which EPA relied
on or considered in reaching the conclusion that this site can be
deleted from the NPL are available for the public to review at the
information repositories.
The remedy implemented at this site results in contaminants
remaining at the site above levels that allow for unlimited use and
unrestricted exposure. In accordance with CERCLA Section 121(c), EPA
and/or NYSDEC will conduct a review of this remedy no less often than
every five years. The first Five-Year Review is expected to be
completed before June 2006 which is five years from the start of the
on-site construction.
One of the three criteria for Site deletion specifies that a site
may be deleted from the NPL if ``responsible parties or other parties
have implemented all appropriate response actions required''. 40 CFR
300.425(e)(1) (ii). EPA, with concurrence of the State of New York,
through the NYSDEC, believes that this criteria for deletion has been
met and therefore, EPA is deleting this Site from the NPL.
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: June 6, 2005.
George Pavlou,
Acting Regional Administrator, U.S. EPA Region II.
0
For the reasons set out in the preamble Part 300 Title 40 of Chapter I
of the Code of Federal Regulations is amended as follows:
PART 300--[AMENDED]
0
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 under New York (NY) by
removing the site name ``Jones Sanitation'' and the corresponding city
designation ``Hyde Park''
[FR Doc. 05-13346 Filed 7-6-05; 8:45 am]
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