[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Proposed Rules]
[Pages 55985-55986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27921]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6177-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent for deletion of the Lodi Municipal Well 
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 Lodi Municipal Well Site 
(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 Site to 
protect human health and the environment.

DATES: The EPA will accept comments concerning its proposal for 
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 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 am to 5:00 pm--Monday through Friday, 
Contact: Superfund Records Center, (212) 637-4308.
    Information on the site is also available for viewing at the 
Information Repository which is located at: Lodi Memorial Library, One 
Memorial Drive, Lodi, New Jersey 07644, (973) 365-4044.

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 Site Deletion

I. Introduction

    The United States Environmental Protection Agency (EPA) Region II 
announces its intent to delete the Lodi Municipal Well Site (Site) 
located in Lodi, Bergen County, New Jersey from the National Priorities 
List and requests public comment on this action. The National 
Priorities List constitutes Appendix B to the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, 
which EPA promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), as 
amended.
    The Lodi Municipal Well, also known as the Home Place Well, is 
located in the Borough of Lodi, Bergen County, New Jersey. The Borough 
which is approximately 3.5 square miles in size, is located east of the 
Passaic River, west of the Hackensack River, and south of New Jersey 
State Route 4. Interstate 80 forms the northeast boundary of the 
Borough.
    The Site was placed on the National Priorities List primarily due 
to radiological contamination. To find the source of the radiation EPA 
conducted an extensive field investigation, which indicated the 
radiological contamination is naturally occurring at the Site. Based 
upon these results, on September 27, 1993, EPA selected no further 
action for the groundwater in a Record of Decision .
    EPA is not authorized under CERCLA to respond to such naturally 
occurring conditions. Section 104(a)(3) of CERCLA prevents a removal or 
remedial action in response to a release of a naturally occurring 
substance in its unaltered form from a location where it is naturally 
occurring.
    EPA and New Jersey Department of Environmental Protection (NJDEP) 
propose to delete the Site because all appropriate CERCLA response 
activities have been implemented.
    The National Priorities List is a list maintained by EPA of sites 
that EPA has determined present a significant risk to human health 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 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

[[Page 55986]]

    (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 of remedial measures is not 
appropriate.
    Deletion of a site from the National Priorities List does not 
preclude eligibility for subsequent Fund-financed actions at the Site 
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. Further, 
deletion 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 
Site :
    (1) EPA Region II issued a Record of Decision on September 27, 1993 
describing the selected remedy for the Site, which was a no action 
response;
    (2) The State of New Jersey has concurred with the deletion by a 
letter dated June 30, 1997;
    (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 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 a 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 Deletion in the Federal Register.

IV. Basis for Intended Site Deletion

    The following provides EPA's rationale for deletion of the Site.

Background

    The Lodi Municipal Well, also known as the Home Place Well, is 
located in the Borough of Lodi, Bergen County, New Jersey. The Home 
Place Well was one of eleven wells used in the past by the Lodi Water 
Department. The Lodi Municipal Well site was placed on the National 
Priorities List primarily due to radiological contamination of 
groundwater. No radiological contaminants were detected in any of the 
other wells above federal water quality standards. The Lodi Municipal 
well was closed in December 1993.
    After performing extensive field investigations, EPA has determined 
that the radiological contamination at the Site is naturally occurring. 
As described below, EPA is not authorized to respond to such naturally 
occurring conditions.
    Section 104(a)(3) of CERCLA prevents a removal or remedial action 
in response to a release or threat of release of a naturally occurring 
substance in its unaltered form, or altered solely through naturally 
occurring processes or phenomena, from a location where it is naturally 
found. A response can only be authorized if the presence of the 
naturally occurring substance constitutes a human health or 
environmental emergency and no other entity will respond in a timely 
manner. Since, radionuclides present at the Lodi Municipal Well site 
have been determined to be naturally occurring, and the well is no 
longer utilized for water supply purposes, an emergency does not exist. 
Water for the Borough is currently being supplied by the Hackensack 
Water Company and the Passaic Valley Water Commission.
    EPA and NJDEP have determined that all appropriate responses under 
CERCLA at the Site have been completed, and that no further activities 
are necessary. Consequently, EPA is proposing deletion of this Site 
from the National Priorities List. Documents supporting this action are 
available in the docket.

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 12, 1998.
William J. Muszynski,
Acting Regional Administrator, Region II.
[FR Doc. 98-27921 Filed 10-19-98; 8:45 am]
BILLING CODE 6560-50-P