[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28840]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5111-2]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Kenmark Textiles Printing 
Corporation Superfund 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 Kenmark Textiles Printing Corporation 
Superfund site (Kenmark Site) from the National Priorities List (NPL) 
and requests public comment on this action. 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). EPA and the State of New York 
have determined that no further action is appropriate at the Kenmark 
Site under CERCLA. Moreover, EPA and the State have determined that 
activities conducted at the Kenmark Site to date have been protective 
of public health, welfare, and the environment.

DATES: Comments concerning the deletion of the Kenmark Site from the 
NPL may be submitted on or before January 17, 1995.

ADDRESSES: Comments concerning the Kenmark Site deletion may be mailed 
to: Kathleen C. Callahan, Director, Emergency and Remedial Response 
Division, U.S. Environmental Protection Agency, Region II, 26 Federal 
Plaza, Room 737, New York, NY 10278.
    Background information on the Kenmark Site is contained in the EPA 
Region II public docket, which is located at EPA's Region II Office, 
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: Sharon L. Trocher, Remedial Project Manager, Emergency 
and Remedial Response Division, U.S. Environmental Protection Agency, 
Region II, 26 Federal Plaza, Room 29-100, New York, NY 10278, (212) 
264-8746.
    Background information from the Regional public docket related to 
the Kenmark Site is also available for viewing at the information 
repository noted below: East Farmingdale Fire House, 930 Conklin 
Street, East Farmingdale, New York 11735.

FOR FURTHER INFORMATION CONTACT: Doug Garbarine, 212-264-0106.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region II announces its 
intent to delete the Kenmark Site from the NPL and requests public 
comment on this action. The NPL constitutes Appendix B to the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), codified 
at 40 CFR Part 300, which EPA promulgated pursuant to Section 105 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), 42 U.S.C. Section 9605. 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 (Fund). Pursuant to 
Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed remedial actions, if conditions at such 
sites warrant such action.
    The EPA will accept comments concerning the Kenmark Site for thirty 
days after publication of this notice in the Federal Register.
    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 Kenmark 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 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate. In 
making this determination, EPA will, in consultation with the State, 
consider whether any of the following criteria has been met:
    (i) Responsible 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 to 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.
    EPA Region II will accept and evaluate public comments before 
making a final decision to delete. 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. The following procedures were used for the intended deletion 
of the Kenmark 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.
    4. EPA has made all relevant documents available in the Regional 
Office and local Kenmark Site information repository.
    The comments received during the comment period will be evaluated 
before any final decision is made. If necessary, EPA Region II will 
prepare a Responsiveness Summary which will address any significant 
comments received during the public comment period.
    If, after consideration of 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 final update. Public notices and copies of the Responsiveness 
Summary will be made available to local residents by the Region II 
Office.

IV. Basis for Intended Site Deletion

    The Kenmark Site, now occupied by the Susquehanna Textile Company, 
is located in a light industrial area at 921 Conklin Street in East 
Farmingdale, New York. Since at least 1917, the Kenmark Site has been 
the location of several successive silk and textile dye, printing and 
screening operations. The waste disposal areas at the Kenmark Site 
included a leaching pit, sludge drying beds and three leaching pools. A 
building and a paved parking lot occupy the majority of the Kenmark 
Site. The areas north and east of the Kenmark Site are characterized by 
light industry. Residential developments are located to the south and 
west, with an estimated 6,200 residents living within one mile of the 
Kenmark Site. Public supply wells are the primary source of drinking 
water in the area. The closest downgradient public supply well is 
located about 1.5 miles from the Kenmark Site.
    As early as 1972, process wastewater generated at the Kenmark Site 
was chemically treated, resulting in the precipitation of solids from 
the wastewater. The sludge from the wastewater was distributed to 
outdoor concrete-lined beds for settling and drying. The sludge was 
periodically removed from the sludge drying beds and placed in drums. 
The resulting wastewater (supernatant) was discharged to the leaching 
pit located on-Site and east of the building. Beginning in November 
1984, the wastewater was discharged to the Suffolk County Publicly 
Owned Treatment Works.
    Sampling conducted between January 1974 and May 1984 by the Suffolk 
County Department of Health Services and a contractor hired by a 
representative of the Kenmark Site, revealed that wastewater discharged 
into the on-Site leaching pit contained hexavalent chromium, copper, 
iron, lead, silver, and phenols in violation of New York State 
groundwater discharge standards. Based on these findings, the Kenmark 
Site was added to EPA's NPL in June 1986.
    In 1988, an owner of property at the Site conducted a remedial 
investigation (RI) under the supervision of the New York State 
Department of Environmental Conservation (NYSDEC) to determine the 
extent of contamination at the Kenmark Site. In July 1991, EPA entered 
into an Administrative Consent Order (ACO) with the owner to complete 
the RI. The RI consisted of drilling borings, constructing monitoring 
wells and collecting soil and groundwater samples.
    During the RI, ten monitoring wells were installed and sampled to 
determine the extent of groundwater contamination at the Kenmark Site. 
In addition, approximately 80 soil samples were collected from the 
areas of the sludge drying beds, leaching pit and leaching pools. 
Organic and inorganic contaminants detected in the groundwater sampled 
at the Kenmark Site were generally present at levels below Federal and 
State human health-based drinking water standards. Numerous inorganic 
and organic contaminants were detected in the soil at the Kenmark Site, 
but were detected below levels that would pose any unacceptable risks 
based on current land use conditions.
    The EPA community relations activities at the Kenmark Site included 
a public meeting on February 28, 1994 to present the results of the RI, 
and EPA's preferred remedial alternative. Public comments were received 
and addressed.
    At the conclusion of the RI process, EPA, in consultation with the 
State of New York, issued a Record of Decision on March 30, 1994, that 
determined that the Kenmark Site does not pose a significant threat to 
human health or the environment and that no remedial action was 
required.
    Having met the deletion criteria, EPA proposes to delete the 
Kenmark Site from the NPL. EPA and the State of New York have 
determined that the response actions are protective of human health and 
the environment.

    Dated: October 26, 1994.
William Muszynski,
Acting Regional Administrator, USEPA Region II.
[FR Doc. 94-28840 Filed 12-14-94; 8:45 am]
BILLING CODE 6560-50-P