[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Proposed Rules]
[Pages 55986-55988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6177-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent for partial deletion of the Hill Property 
portion of the American Cyanamid Superfund site from the National 
Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
II Office announces its intent to delete the Hill Property (HP) portion 
of the American Cyanamid Superfund Site from the National Priorities 
List and requests public comment on this action. The National 
Priorities List 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), as 
amended, 42 U.S.C. section 9601 et seq. EPA and the State of New Jersey 
have determined that all appropriate response actions under CERCLA have 
been implemented at the HP portion of the site to protect human health, 
welfare and the environment. This partial deletion pertains only to the 
HP portion of the American Cyanamid Site and does not include the other 
portions of the American Cyanamid Site.

DATES: The EPA will accept comments concerning its proposal for partial 
deletion on or before November 19, 1998.

ADDRESSES: Comments may be mailed to: Mr. Jeff Catanzarita, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region II, 290 Broadway, 19th Floor, 
New York, NY 10007-1866.
    Comprehensive information on the American Cyanamid Site as well as 
information specific to the partial deletion of the HP portion of the 
American Cyanamid Superfund Site is contained in the Administrative 
Record and is available for viewing, by appointment only, at: U.S. EPA 
Records Center, 290 Broadway--18th Floor, New York, New York 10007-
1866, Hours: 9:00 a.m. to 5:00 p.m.--Monday through Friday, Contact: 
Superfund Records Center, (212) 637-4308.

[[Page 55987]]

    Information on the site is also available for viewing at the 
Information Repositories which are located at:

Bridgewater Town Hall, 700 Garretson Road, Bridgewater, New Jersey 
08807, (908) 725-6300.
Somerset County/Bridgewater Library, North Bridge Street & Vogt Drive, 
Bridgewater, New Jersey 08807, (908) 526-4016.
New Jersey Department of Environmental Protection and Energy, The 
Bureau of Community Relations, 401 East State Street, CN 413, Trenton, 
New Jersey 08625, (609) 984-3081.

FOR FURTHER INFORMATION CONTACT: Jeff Catanzarita, Remedial Project 
Manager, (212) 637-4409.

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Introduction
II. National Priorities List Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA Region II announces its intent to delete the HP portion of the 
American Cyanamid Site located in Bridgewater, Somerset County, New 
Jersey from the National Priorities List and requests public comment on 
this action. The National Priorities List constitutes Appendix B to the 
NCP, 40 CFR part 300, which EPA promulgated pursuant to section 105 of 
the CERCLA, as amended. This proposal for partial deletion pertains to 
the HP portion of the American Cyanamid Site.
    The American Cyanamid Site is located in Bound Brook, New Jersey in 
the southeastern section of Bridgewater Township, Somerset County. The 
HP is a distinct area found north of the main site and separated from 
it by New Jersey Transit rail road tracks. The HP portion is bounded to 
the south by the New Jersey Transit rail road tracks, to the east by 
Interstate Highway 287, to the north by Route 28 (Union Avenue), and to 
the west by Foothill Road. The HP is designated on the tax map as Block 
7101--Lots 1 and 2, Block 7207--All Lots, Block 7208--All Lots, Block 
7209-- All Lots except 14, 16, 18, 20, 21, 23 and 24, Block 7210--All 
Lots except 5, 7, 9, 11, 13 and 15 and Block 7211--All Lots. The HP is 
approximately 140 acres in size.
    The HP portion is planned to be used for commercial development in 
the future (e.g., minor league baseball stadium, retail stores and 
restaurants). Hence, deleting the HP portion of the site off the 
National Priorities List will provide an incentive to the redevelopment 
of this property.
    On July 12, 1996, the New Jersey Department of Environmental 
Protection (NJDEP) issued a Record of Decision declaring no further 
action was required for the soils at the HP portion of the American 
Cyanamid Site. This partial deletion does not include any portion of 
the main site located south of the railroad tracks, nor the ground 
water extending under the HP portion. The residual bedrock ground water 
contamination under the HP portion is now being recovered at the Main 
Plant Area.
    A Groundwater Classification Exception Area and Use Restrictions 
have been established to restrict the ground water use until the 
residual ground water contamination is removed. Ground water 
contamination under the HP portion remain part of the Superfund site's 
original clean up goals and will be addressed as part of the 
groundwater remedies for the American Cyanamid Site.
    The National Priorities List is a list maintained by EPA of sites 
that EPA has determined present a significant risk to human health, 
welfare, or the environment. Sites on the National Priorities List may 
be the subject of remedial actions financed by the Hazardous Substance 
Superfund (Fund). Pursuant to 40 CFR 300.425(e) of the NCP, any site or 
portion of a site deleted from the National Priorities List remains 
eligible for Fund-financed remedial actions if conditions at the site 
warrant such action.
    EPA will accept comments concerning its intent for partial deletion 
for thirty (30) days after publication of this document in the Federal 
Register and a newspaper of record.

II. National Priorities List Deletion Criteria

    Section 300.425 (e) (1) (i)-(iii) of the NCP provides that sites 
may be deleted from the National Priorities List where no further 
response is appropriate. In making this determination, EPA in 
consultation with the State of New Jersey shall consider whether any of 
the following criteria have been met:
    (i) Responsible 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 cleanup by responsible parties is 
appropriate; or
    (iii) The remedial investigation has shown that the release of 
hazardous substances poses no significant threat to human health or the 
environment and therefore, taking remedial measures is not appropriate.
    Deletion of a portion of a site from the National Priorities List 
does not preclude eligibility for subsequent Fund-financed actions at 
the portion deleted if future site conditions warrant such actions. 
Section 300.425(e)(3) of the NCP provides that Fund-financed actions 
may be taken at sites that have been deleted from the National 
Priorities List. In addition, a partial deletion of a site from the 
National Priorities List does not affect or impede EPA's ability to 
conduct CERCLA response activities at areas not deleted and remaining 
on the National Priorities List. Further, deletion of a portion of a 
site from the National Priorities List does not affect the liability of 
responsible parties or impede Agency efforts to recover costs 
associated with response efforts.

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
HP portion of the American Cyanamid Superfund Site:
    (1) NJDEP issued a Record of Decision on July 12, 1996 covering the 
HP portion of the American Cyanamid Site. The Record of Decision 
pronounced that the soils, buildings and other improvements to the HP 
portion, excluding ground water under the HP portion require no further 
response actions;
    (2) The State of New Jersey is the lead agency for the American 
Cyanamid Site. They recommended the partial deletion by a letter dated 
May 21, 1998;
    (3) A notice has been published in a local newspaper and has been 
distributed to appropriate federal, state and local officials, and 
other interested parties announcing a thirty-day public comment period 
on the proposed deletion; and
    (4) EPA has made all relevant documents available in the 
information repositories listed previously.
    Deletion of a portion of a site from the National Priorities List 
does not itself create, alter, or revoke any person's rights or 
obligations. The National Priorities List is designed primarily for 
informational purposes and to assist Agency management.
    For deletion of the HP portion of the Site, EPA's Regional Office 
will accept and evaluate public comments on EPA's Notice of Intent to 
Delete before making a final decision to delete. If necessary, Region 
II will prepare a Responsiveness Summary to address any significant 
public comments received. A deletion occurs when the Regional 
Administrator places a final Notice of Partial Deletion in the Federal 
Register.

[[Page 55988]]

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's and NJDEP's rationale for deletion of 
the HP portion of the American Cyanamid Site.

Background

    American Home Products Corporation purchased the American Cyanamid 
Company in December 1994 and has an Administrative Consent Order with 
the NJDEP to address on going environmental remediation at the site. 
The main site includes many areas of severe contamination. The final 
remediation of this site involves significant remedial work over many 
years. NJDEP and EPA do not believe that this partial deletion will 
interfere with the overall site clean up, including the ground water 
under the HP portion of the site.
    The HP is physically separated from the main site. The HP portion 
consisted of a research laboratory, boiler building and administrative 
buildings. The March 1991 HP portion Remedial Investigation Report 
found contaminant levels in soils below the applicable NJDEP Soil 
Cleanup Criteria (both residential and non-residential) and/or 
background and/or impact to groundwater criteria. Hence, the HP portion 
poses no significant threat to human health or the environment and 
therefore, additional remedial measures are not appropriate.
    This was concluded on July 12, 1996, with a no further action 
Record of Decision issued by the NJDEP for the HP portion of the site. 
The Record of Decision includes provisions for a Classification 
Exception Area covering the ground water beneath the HP portion and 
groundwater monitoring. This partial deletion does not include the 
groundwater portion of the site including ground water under the HP 
portion.
    While EPA and NJDEP do not believe that any future response actions 
at the HP portion will be needed, if future conditions warrant such 
action, the HP portion remains eligible for future Fund-financed 
response actions. Furthermore, this partial deletion does not alter the 
status the main American Cyanamid Site, which is not proposed for 
deletion and remains on the National Priorities List.
    NJDEP and EPA have determined that the soils at the HP portion do 
not pose a significant threat to human health or the environment and 
therefore taking remedial measures is not appropriate. Therefore, EPA 
makes this proposal to delete the HP portion of the American Cyanamid 
Site from the National Priorities List.

List of Subjects in 40 CFR Part 300

    Environmental protection, Chemicals, Hazardous substances, 
Hazardous waste, Intergovernmental relations, Penalties, Superfund, 
Water pollution control, Water supply.

    Dated: September 28, 1998.
William J. Muszynski,
Acting Regional Administrator,
Region II.
[FR Doc. 98-27920 Filed 10-19-98; 8:45 am]
BILLING CODE 6560-50-P