[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17669]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5017-2]

 

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

Agency: Environmental Protection Agency.

Action: Notice of intent to delete the C&J Disposal site from the 
National Priorities List: request for comments.

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Summary: The Environmental Protection Agency (EPA) Region II announces 
its intent to delete the C&J Disposal site from the National Priorities 
List (NPL) and requests public comment on this action. The NPL is 
Appendix B of 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), as amended. EPA and the State of New York have 
determined that no further cleanup by responsible parties is 
appropriate under CERCLA. Moreover, EPA and the State have determined 
that CERCLA activities conducted at the C&J Disposal site to date have 
been protective of public health, welfare, and the environment.

Dates: Comments concerning the deletion of the C&J Disposal site from 
the NPL may be submitted on or before August 19, 1994.

Addresses: Comments concerning the deletion of the C&J Disposal site 
from the NPL may be submitted to: Jack O'Dell, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 26 Federal 
Plaza, Room 29-102, New York, NY 10278.
    Comprehensive information on the C&J Disposal site is contained in 
the EPA Region II public docket, which is located at EPA's Region II 
office (room 2900), and is available for viewing, by appointment only, 
from 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. 
For further information, or to request an appointment to review the 
public docket, please contact Mr. O'Dell at (212) 264-1263.
    Background information from the Regional public docket is also 
available for viewing at the C&J Disposal site's Administrative Record 
repository located at: Hamilton Village Public Library, 13 Broad 
Street, Hamilton, NY 13346.

Supplementary Information

Table of Contents:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region II announces its intent to delete the C&J Disposal site 
from the NPL and requests public comment on this action. The NPL is 
Appendix B to the NCP, which EPA promulgated pursuant to Section 105 of 
CERCLA, as amended. 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 Substances 
Superfund Response Trust Fund (the ``Fund''). Pursuant to Section 
300.425 (e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed remedial actions, if conditions at such site 
warrant action.
    EPA will accept comments concerning the C&J Disposal site for 
thirty (30) days after publication of this notice in the Federal 
Register (until August 19, 1994).
    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 how the C&J Disposal site meets the 
deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
sites from the NPL. In accordance with 40 CFR Section 300.425 (e), 
sites may be deleted from the NPL where no further response is 
appropriate. In making this determination, EPA will consider whether 
any of the following criteria have been met:
    1. That responsible or other persons have implemented all 
appropriate response actions required; or
    2. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further cleanup by responsible parties is 
appropriate; or
    3. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
taking remedial measures is not appropriate.

III. Deletion Procedures

    The NCP provides that EPA shall not delete a site from the NPL 
until the State in which the release was located has concurred, and the 
public has been afforded an opportunity to comment on the proposed 
deletion. Deletion of a site from the NPL does not affect responsible 
party liability or impede agency efforts to recover costs associated 
with response efforts. The NPL is designed primarily for informational 
purposes and to assist agency management.
    The following procedures were used for the intended deletion of the 
C&J Disposal site:
    1. EPA Region II has recommended deletion and has prepared the 
relevant documents.
    2. The State of New York has concurred with the deletion decision.
    3. Concurrent with this Notice of Intent to Delete, a notice has 
been published in local newspapers and has been distributed to 
appropriate federal, state and local officials, and other interested 
parties. This notice announces a thirty (30) day public comment period 
on the deletion package starting on July 20, 1994 and concluding on 
August 19, 1994.
    4. The Region has made all relevant documents available in the 
regional office and the local site information repository.
    EPA Region II will accept and evaluate public comments and prepare 
a Responsiveness Summary which will address the comments received, 
before a final decision is made. The Agency believes that deletion 
procedures should focus on notice and comment at the local level. 
Comments from the local community may be most pertinent to deletion 
decisions.
    If, after consideration of these comments, EPA decides to proceed 
with deletion, the EPA Regional Administrator will place a Notice of 
Deletion in the Federal Register. The NPL will reflect any deletions in 
the next update. Public notices and copies of the Responsiveness 
Summary will be made available to local residents by EPA Region II.

IV. Basis for Intended Site Deletion

Site History and Background

    The C&J Disposal site, located in the Town of Eaton, Madison 
County, New York, included a rectangular disposal trench which measured 
approximately 140 feet by 40 feet. The disposal trench was situated 
between a former railroad bed and an active agricultural field, and was 
on property immediately adjacent to residential property owned by C&J 
Leasing of Paterson, New Jersey. Approximately 100 feet south of where 
the trench was located is a small pond and adjacent wetlands which 
drain to Woodman Pond, a back-up water supply for the Village of 
Hamilton. There are twelve residences in the vicinity and downgradient 
of the site which use private wells as their source of drinking water.
    During the 1970s, the trench area was used for the disposal of 
industrial wastes, although never licensed or permitted for that 
purpose. In March 1976, C&J Leasing was observed dumping what appeared 
to be paint sludges and other liquid industrial waste materials into 
the trench. An inspection of the site by the New York State Department 
of Environmental Conservation (NYSDEC) and the Village of Hamilton 
engineer revealed 75-100 drums lying in a pool of liquid waste. The 
trench was subsequently covered with fill, reportedly by C&J Leasing, 
apparently burying the drums observed in March 1976.
    Sampling was conducted at the site by NYSDEC in 1985 and by EPA in 
1986. Surficial soil samples obtained from the site revealed the 
presence of phenolic compounds, phthalates, various volatile organic 
compounds (VOCs), polynuclear aromatic hydrocarbons (PAHs) and lead. 
One of the phthalates, bis (2-ethylhexyl) phthalate, and elevated 
levels of lead were detected in the sediments of the small pond. The 
sampling of local residential wells in 1986 and later in 1988, by the 
New York State Department of Health (NYSDOH), did not detect any 
contaminants from the site.
    The site was placed on the NPL in March 1989.
    In April 1989, prior to the start of the RI/FS, the site was 
subject to an unauthorized excavation by the principals of C&J Leasing, 
leaving two large holes and three stockpiles of soil and waste 
material. The drums that were believed to have been previously buried 
may have been removed at this time, or earlier, and taken off-site. An 
extensive follow-up investigation failed to determine where the drums 
may have been taken.
    In October 1989, EPA initiated the RI/FS. Results from the RI 
indicated that the contaminants at the site were confined to the waste 
disposal trench, with the exception of some low levels of contamination 
in the sediments of the small pond. The total volume of waste material 
and contaminated soil and debris in the disposal trench was estimated 
at 1,250 cubic yards (i.e., contained in the area of 140 feet by 40 
feet and to a depth of 6 feet). The waste was determined to be non-
uniformly distributed and comprised of soil mixed with a light-colored, 
friable, plastic-like residue and/or a similar synthetic matter, 
crushed drums and plastic bags (drum liners) contaminated with the same 
or similar plastic residue, and some wood debris.
    The primary contaminants found in the trench area were various 
phthalates (i.e., bis(2-ethylhexyl) phthalate, di-n-octylphthalate, and 
di-n-butylphthalate), phenols (i.e., 2,4-dimethyl phenol, and 4-
methylphenol) and VOCs (i.e., benzene, ethylbenzene, toluene, xylenes, 
and 4-methyl-2-pentanone). Lead, which was found at elevated levels 
during limited testing by EPA in 1986, was detected above background 
levels in only one sample during extensive RI sampling. Lead was also 
found at significantly elevated levels during EPA's post-RI sampling in 
1991. A wide variety of PAHs were also found in the disposal trench and 
in surrounding surface soils. Since the PAHs were attributable to the 
old railroad bed (due to their association with products used for 
railroad construction, operation, and maintenance, as well as where the 
PAHs were located at the site), they were considered to be background.
    While some of the waste materials in the trench were in direct 
contact with the shallow ground water, the contaminants were found to 
be bound in the waste material and/or adsorbed to the adjacent soils 
and, therefore, were not migrating to the ground water from the trench. 
Extensive chemical analysis of the eight local residential wells 
(serving twelve residences) during the RI confirmed the prior results 
(i.e., that no contaminants from the site had migrated to these wells). 
Seven ground-water monitoring wells (four shallow and three deep), 
including one well in the center of the trench, also indicated no 
migration of contaminants from the trench to the ground water.
    Testing of the water in the small pond indicated no migration of 
soluble contaminants from the site. The low levels of bis(2-ethylhexyl) 
phthalate and lead found in the sediments in the pond were attributable 
to overland soil transport by surface-water runoff.
    The RI concluded that the potential for direct human and animal 
exposure, as well as the potential for future contaminant migration to 
the ground water and surface water, existed at the site and there were 
no permanent controls in place to prevent contaminant migration from 
the trench as a result of any deterioration or disturbance of the 
waste.
    Following completion of the RI/FS, site security was upgraded by 
EPA. The upgrade included installing two locked gates, additional 
fencing, and posting of warning signs to restrict access of 
unauthorized persons. Also at this time, EPA performed additional 
sampling at the site, in preparation for the off-site disposal/
treatment of the contaminated soil and debris.
    On March 28, 1991, a Record of Decision was signed, selecting as 
the remedy for the site the excavation and removal of approximately 
1,250 cubic yards of contaminated soil and debris, followed by its 
transportation to a permitted, Resource Conservation and Recovery Act-
compliant waste management facility for treatment/disposal. The 
selected remedy included backfilling the trench with clean soil, re-
vegetating the area, and quarterly monitoring of the ground water and 
downgradient residential wells for a period of one year. In addition, 
no remediation of the small pond was necessary because of the 
insignificant amount of contaminants in the sediments and because of 
the adverse impact excavation would have on the pond and its ecosystem.
    Following the completion of the remedial design (RD) in August 
1992, the remedial action (RA) commenced. Over the course of the RA, 
which was completed in June 1993, over 2,400 cubic yards of 
contaminated soil and debris (i.e., 173 truckloads containing 3,514 
tons of material) were removed from the site. No intact drums were 
encountered during the excavation. Analysis of samples collected from 
monitoring wells located downgradient of the disposal trench two weeks 
after backfilling the trench indicated no contaminants had migrated to 
the wells as a result of excavation activities. Post-RA sampling by 
NYSDOH, as well as post-RA quarterly sampling by EPA, also indicated no 
contamination migration to residential wells.

Summary of Community Relations Activities

    Overall, there has been moderate community interest shown with 
respect to activities at the site. Initially, interest was high due to 
the unauthorized excavation at the site, reports of neighborhood 
children playing at the site, the possibility of contaminated wells in 
the neighborhood, and the potential to pollute Woodman Pond (which, in 
part, contributed to the Village of Hamilton's decision to install 
municipal wells instead of continuing to use Woodman Pond for municipal 
drinking water). Interest in the site declined, however, when the 
testing and re-testing of local residential wells indicated that no 
contaminants attributable to the site were present in local wells, 
visible improvements were made in site security, and on-going contact 
was maintained with local officials and the community. At a public 
meeting on February 13, 1991, EPA presented the results of the RI/FS 
and identified the preferred remedial alternative for the site. The 
remedy presented for the site was extremely well received since it 
satisfied the prior requests of local officials and citizens for the 
complete removal of the chemicals at the site from their community.

Summary of Operation and Maintenance and Five-Year Review Requirements

    There are no operation and maintenance requirements since all 
remediation activities have been completed. Because the implemented 
remedy does not result in hazardous substances remaining on-site above 
health-based levels, the five-year review does not apply.

Summary of How the Deletion Criteria Has Been Met

    Residential well monitoring since 1986 has consistently indicated 
no contaminant migration to any of the local residential wells from the 
site. RI and RD sampling results indicated no site-related contaminants 
in on- or off-site monitoring wells. One year of post-RA quarterly 
sampling completed by EPA in January 1994 did not show any contaminants 
from the site in either the on-site monitoring wells or the local 
residential wells.
    The primary pathways that threatened public health at the C&J 
Disposal site were direct exposure and possible ingestion of the 
chemicals at the site, as well as the possible future contamination of 
the ground water and local wells and the impact to the local 
environment from deterioration or disturbance of the contaminated 
waste. The results of the post-RA monitoring confirm that excavation 
and removal of the contaminants of concern from the C&J Disposal site 
renders both current and future pathways incomplete.
    EPA and the State have determined that the response actions 
undertaken at the C&J Disposal site are protective of human health and 
the environment.
    In accordance with 40 CFR Section 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. EPA, in 
consultation with the State, has determined that all appropriate 
responses under CERCLA have been implemented and that no further 
cleanup by responsible parties is appropriate. Having met the deletion 
criteria, EPA proposes to delete the C&J Disposal site from the NPL.

    Dated: July 1, 1994.
William J. Muzynski,
Acting Regional Administrator.
[FR Doc. 94-17669 Filed 7-20-94; 8:45 am]
BILLING CODE 6560-50-P