[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Proposed Rules]
[Pages 47918-47920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22488]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5293-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Clothier 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 Clothier Disposal site from the National 
Priorities List (NPL) and requests public comment on this action. The 
NPL is 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), 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 Clothier 
Disposal site to date have been protective of public health, welfare, 
and the environment.

DATES: Comments concerning the deletion of the Clothier Disposal site 
from the NPL may be submitted on or before October 15, 1995.

ADDRESSES: Comments concerning the deletion of the Clothier Disposal 
site from the NPL may be submitted to: Herbert H. King, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region II, 290 
Broadway, 20th floor, New York, NY 10007-1866.
    Comprehensive information on the Clothier Disposal site is 
contained in the EPA Region II public docket, which is located at EPA's 
Region II office (the 18th floor), 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. King at 
(212) 637-4268.
    Background information from the Regional public docket is also 
available for viewing at the Clothier Disposal site's Administrative 
Record repository located at: Fulton Library, 160 South First Street, 
Fulton, NY 13069.

FOR FURTHER INFORMATION CONTACT:
Mr. Herbert H. King, (212) 637-4268.

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 Clothier 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 (RAs) financed by the Hazardous 
Substances Superfund Response Trust Fund (the ``Fund''). Pursuant to 
Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed RAs, if conditions at such site warrant 
action.
    EPA will accept comments concerning the Clothier Disposal site for 
thirty (30) days after publication of this notice in the Federal 
Register (until October 15, 1995).
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this action. Section IV discusses how the Clothier 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 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate. In 
making this determination, EPA, in consultation with the State, 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 
Clothier 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 September 15, 1995 and concluding 
on October 15, 1995.
    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 the public by EPA 
Region II.

[[Page 47919]]


IV. Basis for Intended Site Deletion

Site History and Background

    The Clothier Disposal site, located in the Town of Granby, Oswego 
County, New York, is a fifteen-acre, privately-owned parcel of land, of 
which six acres were used for waste disposal. Ox Creek flows through 
the site in a northerly direction, feeding into the Oswego River.
    In 1973, the Oswego County Health Department found approximately 
2,200 drums of chemical waste dumped on the site and requested an 
investigation by the New York State Department of Environmental 
Conservation (NYSDEC). In 1976, NYSDEC brought suit against the owner 
of the property of operating an illegal dump. Subsequently, a temporary 
permit was granted for a period of one year to clean up the site. In 
1977, the owner made an attempt to bury or cover the waste materials 
dumped on the site. In doing so, drums were broken open and drained. 
Between early 1978 and 1980, additional efforts were made by the owner 
to clean up the property. Again these efforts largely entailed burying 
or covering previously exposed wastes.
    In 1983, Engineering-Service, Inc. performed a Phase I Engineering 
Investigation and Evaluation of the site for NYSDEC, for the purpose of 
computing a Hazard Ranking System score needed to evaluate whether or 
not the site should be placed on the NPL. The site was proposed for 
listing on the NPL on October 15, 1984 (49 FR 40320); it was included 
on the NPL on June 10, 1986 (51 FR 21504).
    In 1985, NYSDEC, through its contractor, URS Company, Inc. 
undertook a geophysical survey of the site, and staged and sampled on-
site drums as part of the remedial investigation/feasibility study (RI/
FS) designed to determine the nature and extent of the contamination at 
the site, to assess the threat that the site posed to public health and 
the environment, and to develop and evaluate various alternatives to 
remediate the site.
    Performed concurrently with the RI/FS, a number of potentially 
responsible parties (PRPs), operating under an Administrative Order, 
removed and disposed of 1,858 drums and stockpiled visibly-contaminated 
soil in1986. The remaining drums, as well as the visibly-contaminated 
surficial soils, were removed by EPA during 1987 and 1988.
    A number of data quality problems complicated the completion of the 
RI/FS, which led to EPA tasking Ebasco Services, Inc. (Ebasco) to 
perform a supplemental RI/FS.
    The supplemental RI/FS report, issued in August 1988, concluded 
that, as a result of the removal actions taken at the site, only low-
level residual soil contamination remained on-site. The RI/FS also 
concluded that the risk levels associated with this residual 
contamination were within the acceptable range of 10-4 to 
10-6 (representing a one in ten thousand and a one in a million 
incremental individual lifetime cancer risk, respectively). The risk 
assessment indicated that the major route of human exposure at the site 
was through direct contact with on-site soil residually contaminated 
with polychlorinated biphenyls (PCBs) and carcinogenic polyaromatic 
hydrocarbons (CPAHs). The highest PCB concentration observed in the 
soil was 2.5 parts per million (ppm). In order to develop a full range 
of remedial alternatives, any concentration above 1 ppm PCBs in the 
soil was considered to require remediation. This level was based on the 
Toxic Substances Control Act definition of ``clean'' soil and is 
associated with a risk below 4 x 10-7 for current use and 
7 x 10-6 for plausible maximum exposure during future site use. 
For CPAHs (benzo(a)anthrance, benzo(b)fluoranthene, 
benzo(k)fluoranthene, Benzo(a)pyrene and chrysene), the highest total 
concentration at any location was observed to be 0.9 ppm. For these 
compounds, a total concentration of 0.33 ppm was set as the limit above 
which remediation was required. This level was based on the CPAH 
detection limit for the EPA contract laboratory program and is 
associated with a risk for 2 x 10-7 for current use or 
3 x 10-6 for plausible maximum exposure during future site use.
    The U.S. Fish and Wildlife (USFWS) conducted an investigation of Ox 
Creek, and in August 1988, issued a report of its findings, entitled, 
Effects of Contaminants from the Clothier Disposal Site on Fish and 
Wildlife Resources of Ox Creek, Oswego County, New York. This report 
stated that there was no evidence of either environmental damage in the 
area around the site or contamination of Ox Creek at levels likely to 
be associated with risks to wildlife.
    On December 28, 1988, a Record of Decision (ROD) was signed, 
selecting as the remedy for the site:
     Placement of a one-foot clean soil cover over the 
residually-contaminated areas;
     Regarding and revegetating of the site to prevent soil 
erosion and to minimize surface water runoff,
     Installation of rip-rap, as needed, on the embankment 
sloping towards the adjacent Ox Creek to prevent soil erosion;
     Performance of long-term monitoring of the groundwater and 
soil, and Ox Creek sediments and surface water; and
     Application of institutional controls to prevent the 
utilization of the underlying groundwater and the future development of 
the site for residential use.
    The ROD also noted that the maximum contaminant concentrations 
(although not the geometric mean concentrations) in some of the 
groundwater sample collected during the RI/FS marginally exceeded a 
number of Applicable or Relevant and Appropriate Requirements (the 
maximum concentrations of tetrachloroethene and trichloroethene of 24 
parts per billion (ppb) and 18 ppb, respectively, exceeded the New York 
State standard of 5 ppb of each; and antimony, barium, beryllium, 
chromium, lead, magnesium, and manganese exceeded New York State 
inorganic groundwater standards or guidances). Thus, further evaluation 
to determine whether remediation of the groundwater was necessary was 
called for in the ROD.
    A local citizen's group, after reviewing the USFWS report, 
expressed concern that the USFWS investigation did not include an 
eleven-acre wetland located adjacent to the site.
    To determine whether remediation of the groundwater was necessary 
and to evaluate the threat to the wetland located adjacent to the site, 
EPA tasked Ebasco to perform a post-RI/FS investigation, specifically 
to collect and evaluate samples of the groundwater and the surface 
water and sediment in the wetland. The results of this investigation, 
which were presented in January 1990 in the Post RI/FS Evaluation of 
Groundwater and Wetlands Report, indicated that a significant threat to 
human health and the environment did not exist at that time, and RAs 
for the groundwater and wetlands were not warranted.
    In September 1989, a Consent Decree was entered by the Northern 
District of New York with the Settling Defendants to undertake the 
design and construction of the remedy selected for the site and to 
perform the long-term monitoring and maintenance of the site upon 
completion of the construction. The Settling Defendant's contractor, 
Canonie Environmental Services Corporation (Canonie), performed pre-
design sampling to more precisely determine the area extent of the 

[[Page 47920]]
residual, low-level contamination on-site. Based upon these results, 
Canonie prepared the remedial design (RD) plans and specifications. As 
part of the RD, calculations were performed, based on a 100-year storm 
event, that determined that the erosive forces due to the overland flow 
velocities would be minimal, and that rip-rap protection on the slopes 
to the wetland (called for the ROD) would not be required. EPA approved 
the RD in June 1991.
    The Settling Defendants awarded a contract to Sevenson 
Environmental Services, Inc. to implement the remedy in July 1991. 
During the course of regrading the areas to be covered with clean soil, 
it was discovered that an above-grade mound of soil contained parts of 
four drums. Further, while regrading the slope to the wetland, parts of 
three other buried drums were uncovered. The drum parts and the 
surrounding soil were excavated and were subsequently disposed of at an 
EPA-approved hazardous waste facility. The results of analyses of the 
soil in the areas where the drum parts were discovered indicated that 
the contaminants and their concentrations were comparable to those 
found during the RI and, therefore, the remedy selected in the ROD 
remained appropriate.
    In May 1992, a representative of NYSDEC, during an inspection of 
the site, observed three seeps located at the foot of the west slope to 
the wetlands. After an analysis of the seeps and the soil surrounding 
the seeps, it was concluded that the seeps were caused by the discharge 
of groundwater at the wetland margin. The results of the analyses of 
the seeps indicated low concentrations of PCBs. Since the samples were 
not filtered prior to analysis, the PCBs were believed to be a result 
of PCBs adsorbed to sediment suspended in the liquid while collecting 
the samples (this premise has been confirmed, in that no PCBs have been 
identified in five rounds of ground water testing.) The results of the 
analyses of the soil associated with these seeps indicated contaminant 
concentrations that are consistent with those detected during the RI. 
Considering these results, EPA directed the Settling Defendants to 
continue with the implementation of the remedy. The installation of the 
soil cap and revegetation was completed in September 1992.
    Following EPA's approval of the Settling Defendants' operation and 
maintenance and long-term monitoring plan, a Superfund Site Close-Out 
Report was approved on December 29, 1993.
    During the first post-RA inspection/monitoring in April 1994, a 
small area of black, odorous soil was observed on the western portion 
of the soil cover. Three buried drums that were subsequently discovered 
in this area were excavated and overpacked. A geophysical 
investigation, performed to determine whether other buried drums were 
present in this area, followed by the installation of two trenches in 
areas of concern, revealed one crushed drum, metallic debris, and some 
stained soil. The drum, debris, and soil were excavated and, along with 
the overpacked drums mentioned above, were disposed of at approved 
disposal facilities.
Summary of Operation and Maintenance and Five-Year Review Requirements

    Since the remedy involved the installation of a soil cover, there 
are no operational requirements.
    The Settling Defendants are to monitor the site for five years, 
commencing with the first inspection/monitoring event that occurred on 
April 26, 1994.
    The long-term monitoring program consists of monitoring the 
groundwater, soil, and Ox Creek sediments and surface water quarterly 
the first year, semi-annually the second year, and annually thereafter.
    Site inspections, which will be conducted quarterly for the first 
year and semi-annually thereafter, are to be coincident with the 
monitoring events. Additional inspections will be conducted after any 
major flooding (100-year) or rainfall events in the Ox Creek area. The 
inspections will include visual observations of the soil cover, erosion 
controls and silt fencing, groundwater monitoring wells, site security, 
and general site conditions. Maintenance, if required, will consist of 
correcting observed deficiencies (e.g., restoring the soil cover and 
its vegetation to its original condition, repair of fencing, etc.) The 
six groundwater monitoring wells (four located within the limits of the 
soil cover, one just adjacent to it, and one up-gradient) that comprise 
the groundwater monitoring program will be inspected to ensure their 
integrity. They will be repaired should they become damaged, or 
replaced should they become non-functional.
    So that EPA can evaluate the remedy's effectiveness, following each 
inspection/sampling event, the Settling Defendants are to submit to EPA 
a monitoring and inspection program report, summarizing the inspection 
and sampling results, and describing any corrective maintenance actions 
that were taken. In addition, a review of the long-term monitoring and 
inspection program reports will be performed five years after the 
initiation of the RA to assure that the remedy remains effective in 
protecting human health and the environment.

Summary of How the Deletion Criteria Has Been Met

    Based upon the results of RA sample analyses, survey results, and 
site inspections, the site meets the requirements set forth in the ROD, 
in that a one-foot clean-soil cover has been installed over those 
residually-contaminated locations at which concentrations above 1 ppm 
PCBs and 0.33 ppmm CPAHs were detected, the site has been regraded and 
revegetated to prevent soil erosion and to minimize surface water 
runoff, and institutional controls (an easement) have been put into 
place to prevent the utilization of the underlying groundwater and the 
future development of the site for residential use.
    EPA and the State have determined that the response actions 
undertaken at the Clothier Disposal site are protective of human health 
and the environment.
    In accordance with 40 CFR 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 Clothier Disposal site from the NPL.

    Dated: August 21, 1995.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 95-22488 Filed 9-14-95; 8:45 am]
BILLING CODE 6460-50-M