[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