[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43781-43785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7945-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
[[Page 43782]]
ACTION: Direct final deletion of the North Sea Municipal Landfill
Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces
the deletion of the North Sea Municipal Landfill Superfund Site (Site),
located in Southampton, New York, from the National Priorities List
(NPL) and requests public comment on this action. While the Site is
located in Southampton, New York, it is erroneously listed on the NPL
as being located in the City/County of North Sea. 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 New York State Department of Environmental
Conservation (NYSDEC). EPA and NYSDEC have determined that responsible
parties or other persons have implemented all appropriate response
actions required to public health or the environment.
DATES: This direct final deletion will be effective September 27, 2005
unless EPA receives significant adverse comments by August 29, 2005. If
significant adverse comments are received, EPA will publish a timely
withdrawal of the direct final deletion in the Federal Register,
informing the public that the deletion will not take effect.
ADDRESSES: Written comments should be mailed to: Caroline Kwan,
Remedial Project Manager, Emergency and Remedial Response Division,
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th
floor, New York, NY 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, 290 Broadway, Superfund Record Center, Room 1828, New York, NY
10007-1866. Hours: Monday to Friday from 9 a.m. to 5 p.m., Telephone
No. (212) 637-4308, Southampton College, Reference Department, 239
Montauk Highway, Southampton, New York 11968-4100, Hours: Monday to
Friday till August 12, 2005 from 9 a.m. to 6 p.m., Closed from August
13 till September 5, reopening on September 6, Monday to Thursday from
10 a.m. to 9 p.m., Saturday: 12 p.m. to 5 p.m., Telephone No. 631-287-
8379, The Rogers Memorial Library (Reference Department), 91 Coopers
Farms Road, Southampton, New York 11968-4002, Hours: Monday to Thursday
from 10 a.m. to 9 p.m., Friday: 10 a.m. to 7 p.m., Saturday: 10 a.m. to
5 p.m. , Sunday: 1 p.m. to 5 p.m., Telephone No. (632) 283-0774.
FOR FURTHER INFORMATION CONTACT: Ms. Caroline Kwan, Remedial Project
Manager, Emergency and Remedial Response Division, U.S. Environmental
Protection Agency, Region 2, 290 Broadway, 20th floor, New York, NY
10007-1866, (212) 637-4275; Fax Number (212) 637-4284; email address:
kwan.caroline@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 2 announces the deletion of the North Sea Municipal
Landfill Superfund Site (Site) from the National Priorities List (NPL).
The EPA maintains the NPL as the list of those sites that appear to
present a significant risk to public health or the environment. Sites
on the NPL can have remedial actions financed by the Hazardous
Substance Superfund. As described in Sec. 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.
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 27, 2005
unless EPA receives significant adverse comments by August 29, 2005 on
this action or on 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 of this
action or the Notice of Intent to Delete, EPA 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 Intent to Delete and the
comments already received. In such a case, 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 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 accordance
with Sec. 300.425(e)(1), EPA shall consult with the State to determine
whether any of the following criteria have been met:
i. Responsible parties or other parties have implemented all
appropriate response actions required; or,
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.
In addition, the State shall concur with the deletion, as required
by Sec. 300.425(e)(2), and the public shall be informed, as required
by Sec. 300.425(e)(4). A site which is deleted from the NPL does
remain eligible for remedial actions should future conditions warrant
such action, as set forth in Sec. 300.425(e)(3). Even if a site is
deleted from the NPL, where hazardous substances, pollutants, or
contaminants remain at the deleted site above levels that allow for
unlimited use and unrestricted exposure, CERCLA section 121(c), 42
U.S.C. 9621(c) requires that a subsequent review of the site be
conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. 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. Deletion Procedures
The following procedures apply to deletion of the Site.
(1) The Site was listed on the NPL in June 1986. The North Sea
Municipal Landfill Property (Landfill Property) includes several former
disposal areas, including landfill cells and former septic sludge
lagoons. The Superfund Site is composed of what was identified as Cell
No.1, the decommissioned septic sludge lagoons, groundwater in the
[[Page 43783]]
vicinity of the Landfill Property, and the nearby Fish Cove. The other
two cells, Cells No. 2 and 3, are closed and monitored by the New York
State Department of Environmental Conservation (NYSDEC), and they are
not included within the NPL Site.
(2) On March 31, 1987, The Town of Southampton (Town) entered into
Administrative Consent Order pursuant to CERCLA with EPA. The Order
required the Town to conduct a Remedial Investigation and Feasibility
Study (RI/FS).
(3) On September 29, 1989 , EPA issued a Record of Decision for
Operable Unit One (OU 1 ROD) selecting landfill closure for Cell No. 1
and confirmatory sampling of the decommissioned septic sludge lagoons.
(4) EPA and the Town entered into a Consent Decree in February 1991
regarding the implementation of the remedy selected in the OU 1 ROD.
(5) On September 28, 1992, EPA issued a second Record of Decision
at the Site, for Operable Unit 2 (OU 2 ROD), which set forth that no
further action was required concerning groundwater emanating from the
Landfill Property and extending to Fish Cove.
(6) Construction was completed in September 1994 for the OU 1
source control remedy.
(7) A Preliminary Close Out Report documenting the completion of
the implementation of the remedy selected in the OU 1 ROD was issued by
EPA on September 21, 1994.
(8) The deed, access, and well restrictions required to prevent
exposure to Site contaminants are in place. The Town, the owner of the
Landfill Property, has placed deed restrictions on the future use of
the Landfill Property in the property's deed. Fencing to restrict
access was determined to be unnecessary because of a natural border of
woodlands around the Landfill Property, but a fence was installed at
the perimeter of the Cell No. 1 recharge basin. Lastly, Suffolk County
Department of Health helps enforce the ban on private wells in the
vicinity of the Landfill Property groundwater plume through
implementing its Private Water Systems standards. All existing homes
have been connected to the public water service. All new construction
requires a permit from the Health Department to install a well. Such
permit will not be issued as this would be in violation of the ban.
(9) The First Five-Year Review for the Site was completed by EPA on
September 1998, in which EPA concluded that human health and the
environment are being protected by the remedial action implemented at
the Site.
(10) A Second Five-Year Review was completed on September 30, 2003,
in which EPA again concluded that human health and the environment are
being protected by the remedial action implemented at the Site.
(11) The Town has been conducting quarterly groundwater monitoring
since December 1998. Monthly gas monitoring has been performed since
January 2002.
(12) Benthic survey investigations were conducted in September 2001
and July 2004 by the Town.
(13) Routine operation and maintenance of the Cell No. 1 capping
system is being performed by the Town.
(14) EPA consulted with the NYSDEC on the deletion of this Site
from the NPL, and NYSDEC has concurred with the deletion.
(14) If no significant adverse comments are received related to
this Direct Final Notice of Deletion, the Site will be deleted. If
significant adverse comments are received within the 30-day public
comment period established for this Direct Final Action or the Notice
of Intent to Delete published in today's Federal Register, EPA will
publish a timely notice of withdrawal of this Direct Final 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.
(15) EPA has placed copies of documents supporting the deletion in
the Site information repositories identified above.
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 enforcement
actions, as appropriate. The NPL is the list of uncontrolled hazardous
substance 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 of the Site and
the actions taken that provide the basis for recommending deletion of
the Site from the NPL.
The 131-acre Landfill Property is located, is owned by the Town.
Starting in 1963, the Landfill Property was used for the disposal of
municipal solid waste, refuse, and septic system waste. The Town
accepted waste from residential, industrial, and commercial sources.
Significant features of the Landfill Property include Cell No. 1, Cell
No. 2, Cell No. 3 and the septic sludge lagoons. All three landfill
cells were capped and closed in accordance with New York State landfill
closure regulations in place at the time. The septic lagoons, located
at the south end of the property, were excavated and refilled to grade
with sandy loam in 1986. The Site as addressed under the Federal
Superfund Program consists of Cell No. 1, the decommissioned septic
sludge lagoons, groundwater in the vicinity of the Landfill Property,
and the nearby Fish Cove. Cells No. 2 and 3 are closed and monitored by
NYSDEC, and they are not part of the NPL Site.
The Site is located in the Township of Southampton, even though it
is erroneously listed on the NPL as being located in North Sea. The
property is at the intersection of Majors Path and Old Fish Cove Road.
The nearest surface water is Fish Cove, which is located approximately
1500 feet northwest of the Landfill Property. Groundwater in this area
ultimately discharges to Fish Cove, which is an arm of Little Peconic
Bay. The area between Fish Cove and the Landfill Property is moderately
populated.
In the late 1960's, a series of 14 scavenger lagoons, approximately
50 feet long, 10 feet deep, 25 feet wide and 50 feet above the water
table were constructed at the southern portion of the Landfill
Property. These septic sludge lagoons accepted septic system wastes
from both commercial and residential sources. Sludge was allowed to
drain and dry, and it was subsequently disposed of in Cell No. 1. It is
estimated that 11 million gallons of septic wastes were disposed in
these lagoons. The lagoons were decommissioned in 1985 and most of
their solid and liquid content were removed. After this removal, an
additional two feet of soil was excavated. The septic sludge lagoons
were refilled to grade with sandy loam.
A groundwater monitoring program, initiated by the Town in 1979,
revealed a plume of contamination migrating from Cell No. 1 to Fish
Cove. The plume contained lead, manganese and cadmium. A second plume
was discovered originating from the septic sludge lagoons. The presence
of nitrate/nitrite in this plume indicated the presence of septic
wastes. In addition to the typical landfill leachate parameters and
heavy metals noted, organics (i.e., dichloroethane, tetrachloroethene
and trichloroethene) were also detected in the groundwater at the Site.
Most of the homes near the Landfill Property had obtained their
drinking water from wells in the highly permeable Upper Glacial
aquifer. The detection of contaminated groundwater
[[Page 43784]]
migrating northwest from the Landfill Property resulted in the closure
of several private domestic wells. Public water supplies were extended
to serve residents in the affected areas. Based on the above, Cell No.1
and the septic sludge lagoons were investigated and placed on the
Superfund NPL in 1986. As a result of the EPA's initial efforts to
place the Landfill on the NPL, Cell No. 1 was closed by the Town in
1985. Cell closure consisted of the following activities; capping the
top, flat portion of the Cell No. 1 (approximately eight acres in area)
with a 20 mil poly-vinyl chloride (PVC) membrane to minimize
infiltration, installation of a silty sand protective layer
(approximately two feet thick) above the membrane, and placement of a
topsoil cover to support vegetation. The Town also installed a storm
water diversion/collection system to improve area drainage. The system,
installed along the haul road, included manholes (which were utilized
for inlet collection), interconnecting piping and a recharge basin to
which all runoff was routed.
EPA and the Town entered into an Administrative Order on Consent in
March 1987. Under the Order, the Town agreed to conduct an RI/FS. The
RI/FS was initiated in August 1987. The OU 1 RI/FS findings indicated
that leachate constituent concentrations were not decreasing with time.
In 1985, prior to the listing of the Site on the NPL, a cap had been
constructed on Cell No. 1 on the plateau area only, but it was not
adequate to eliminate leachate generation. The OU 1 ROD was signed in
September 1989 which addressed, among other things, any deficiencies in
that capping system.
The OU 1 ROD selected remedy consisted of the following:
(i) Covering Cell No. 1 with a low permeability cap while
undertaking action consistent with New York State (Part 360) sanitary
landfill closure requirements.
(ii) No action at the former septic sludge lagoons other than
confirmatory sampling.
(iii) Installation of a six-foot high chain link fence around the
Site to restrict access.
(iv) Deed restrictions on future use of the Landfill Property.
(v) Long-term operation and maintenance to provide inspection and
repairs to the Cell No. 1 cap system.
(vi) Long-term air and water quality monitoring of both the former
septic sludge lagoons and Cell No. 1.
EPA negotiated a Consent Decree with the Town in which the Town
agreed to implement the remedy set forth in the OU 1 ROD. The Consent
Decree was entered with the United States District Court for the
Eastern District of New York in August 1990. The capping of Cell No. 1
utilized the existing 20 mil PVC liner (previously installed in 1985)
located on the plateau area of the Cell and involved minor regrading
and capping of the side slopes with a geomembrane. Approximately 0.5
acres on the east side slope required capping with a concrete revetment
because the slope grade was steeper than 33 percent. The structural
regrading of Cell No. 1 included demolition of two concrete drainage
manholes and regrading of the area to promote overland flow of storm
water. Because access to the 130-acre Landfill Property is limited as a
result of wooded area which surrounds it, EPA allowed the perimeter
fence to be eliminated from the design. Instead, the fence was
installed only at the perimeter of the recharge basin. EPA and NYSDEC
approved the final remedial design in September 1992.
The Town conducted confirmatory sludge and soil sampling of the
septic sludge lagoons during January 1992. All data collected were
validated using full Contract Laboratory Program analytical and quality
assurance/quality control procedures. The sludge/soil sampling results
confirmed that the ``no action'' alternative for the septic sludge
lagoon remediation was appropriate. The final report was approved in
September 1992. EPA and NYSDEC conducted a final inspection on
September 21, 1994.
The Town, which is the owner of the Landfill Property, has placed
deed restrictions on the future use of the Landfill Property in the
property's deed. Lastly, Suffolk County Department of Health enforces
the ban on private wells in the vicinity of the Landfill Property
groundwater plume through implementing its Private Water Systems
standards. All existing homes have been connected to the public water
service. All new construction requires a permit from the Health
Department to install a well. Such permit will not be issued as this
would be in violation of the ban.
EPA approved a Post-Closure Monitoring and Maintenance Operations
(O&M) Manual in December 2001. The O&M Manual provides for a long-term
monitoring program for the cover system, the drainage system, and the
groundwater and the gas-monitoring systems. The O&M Manual requires
quarterly groundwater monitoring at selected wells. Quarterly
groundwater sampling has been conducted by the Town since December
1998. EPA issued a Remedial Action report on September 28, 1995. O&M
monitoring results indicated that the remedial system implementing the
remedy selected in the OU 1 ROD as designed and constructed was
performing satisfactorily.
For OU 2, the Town installed additional groundwater monitoring
wells and resampled existing wells at the Site. NYSDEC collected
samples of hard clams from Fish Cove and analyzed them for priority
pollutant metals. The results indicated that the clams did not present
a health risks to consumers. Based on the OU 2 risk assessment, EPA
determined that the groundwater contamination did not pose a threat to
human health or the environment. In September 1992, EPA selected a ``no
action'' remedy for OU 2.
Hazardous substances remain at the Site above levels that would
allow for unlimited use with unrestricted exposure. Pursuant to Section
121(c) of CERCLA, EPA reviews site remedies where such hazardous
substances, pollutants, or contaminants remain no less often than every
five years after the initiation of a remedy at a site. EPA, Region 2,
has conducted such Five-Year Reviews of the Site in September 1998 and
in September 2003. Both Five-Year Reviews led EPA to conclude that
human health and the environment are being protected by the remedial
action implemented at the Site. The next Five-Year Review is scheduled
to be completed before September 2008.
Public participation activities for this Site have been satisfied
as required in CERCLA Sec. 113(k) and Section 117. As part of the
remedy selection process, the public was invited to comment on EPA's
proposed remedies. All other documents and information which EPA relied
on or considered in recommending this deletion are available for the
public to review at the information repositories identified above.
One of the three criteria for site deletion is when ``responsible
parties or other persons have implemented all appropriate response
actions required'' (40 CFR 300.425(e)(1)(I)). EPA, with the concurrence
of the State of New York through NYSDEC, have determined that all
required and appropriate response actions have been implemented.
Therefore, EPA is proposing deletion of this Site from the NPL.
V. Deletion Action
The EPA with concurrence of the State of New York, has determined
that all appropriate responses under CERCLA have been completed, and
that no further response actions, under CERCLA, other than O&M and
five-year reviews, are necessary. Therefore, EPA is deleting the Site
from the NPL. Because EPA considers this action to be
[[Page 43785]]
noncontroversial and routine, EPA is taking it without prior
publication. This action will be effective September 27, 2005 unless
EPA receives adverse comments by August 29, 2005. If adverse comments
are received within the 30-day public comment period, EPA will publish
a timely withdrawal of this direct final notice of deletion before the
effective date of the deletion and it will not take effect and, EPA
will 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.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.
Dated: July 22, 2005.
George Pavlou,
Acting Regional Administrator, USEPA, Region 2.
0
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; and E.O. 12580, 52 FR
2923, 3 CFR 1987 Comp., p. 193.
Appendix B to Part 300 (Amended)
0
2. Table 1 of Appendix B to part 300 is amended under New York (NY) by
removing the site name ``North Sea Municipal Landfill'' and the
corresponding City/County designation ``North Sea.''.
[FR Doc. 05-15044 Filed 7-28-05; 8:45 am]
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