[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Rules and Regulations]
[Pages 2905-2907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1084]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6524-9]


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

AGENCY:  Environmental Protection Agency.

ACTION:  Direct final deletion of the Katonah Municipal Well Superfund 
site from the National Priorities List.

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SUMMARY:  The Environmental Protection Agency (EPA), Region II, 
announces the deletion of the Katonah Municipal Well site (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), as 
amended, 42 U.S.C. 9601 et seq. EPA and the New York State Department 
of Environmental Conservation (NYSDEC) have determined that all 
appropriate CERCLA actions have been implemented and that, aside from 
operations and maintenance, no further cleanup by responsible parties 
is appropriate. Moreover, EPA and NYSDEC have determined that the Site 
poses no significant threat to public health and the environment.

EFFECTIVE DATES:  This ``direct final'' action will be effective March 
20, 2000 unless EPA receives significant adverse or critical comments 
by February 18, 2000. If written significant adverse or critical 
comments are received, EPA will publish a timely withdrawal of the rule 
in the Federal Register, informing the public that the rule will not 
take effect.

ADDRESSES:  Comments should be submitted to: Damian J. Duda, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region II, 290 Broadway, 20th Floor, 
New York, New York 10007-1866.
    Comprehensive information on this Site is available through the 
public docket contained at: U.S. Environmental Protection Agency, 
Region II, Superfund Records Center, 290 Broadway, Room 1828, New York, 
New York 10007-1866, (212) 637-4308, Hours: 9:00 AM to 5:00 PM, Monday 
through Friday.
    Information on the Site is also available for viewing at the 
following

[[Page 2906]]

information repository: Katonah Village Library, 28 Bedford Road, 
Katonah, New York 10536, (914) 232-3508.

FOR FURTHER INFORMATION CONTACT:  Mr. Duda may be contacted at the 
above address, by telephone at (212) 637-4270, by FAX at (212) 637-3966 
or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:  

Table of Contents

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

I. Introduction

    EPA Region II announces the deletion of the Katonah Municipal Well 
site (Site), located in the Village of Katonah, Town of Bedford, 
Westchester County, New York, 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 Contingency Plan 
(NCP). EPA identifies sites that appear to present a significant risk 
to public health 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 in the 
unlikely event that conditions at the Site warrant such action.
    EPA will accept comments, concerning this document, for thirty days 
after publication of this document in the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this action. Section IV discusses the Katonah Municipal Well 
site and explains how the 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 Sec. 300.425(e) of the NCP, 
sites may be deleted from the NPL where no further response is 
appropriate. In making this determination, EPA shall consider whether 
any of the following criteria has been met:
    (i) Responsible or other parties have implemented all appropriate 
response actions required; or,
    (ii) All appropriate responses under CERCLA have been implemented, 
and no further action by responsible parties is appropriate; or,
    (iii) 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.
    Deletion of a site from the NPL 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 NPL. Further, deletion of a site from the NPL 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 are being used for the intended deletion 
of this Site:
    (1) EPA Region II issued a Record of Decision (ROD) in September 
1987, which described the selected remedy at the Site.
    (2) A Potentially Responsible Party (PRP) designed and constructed 
the remedy at the Site. EPA and the State of New York oversaw the 
design and construction activities. EPA prepared a Final Closeout 
Report, which documents that the remedy was implemented in accordance 
with the ROD.
    (3) A five-year review, dated September 30, 1997, determined that 
the Site remedies are achieving their objectives and that the treatment 
system is operating as intended. These remedies remain protective of 
public health and the environment.
    (4) EPA Region II issued a Final Closeout Report, dated January 3, 
2000, which found that responsible parties or other persons have 
implemented all appropriate response actions.
    (5) EPA Region II recommends deletion and has made all the relevant 
documents available in the regional office and local information 
repository.
    (6) NYSDEC has concurred with the deletion decision in a letter 
dated November 4, 1999.
    (7) 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 (30) day dissenting public 
comment period on EPA's Direct Final Action to Delete.
    EPA is requesting only dissenting comments on the Direct Final 
Action to Delete. The NCP provides that EPA shall not delete a site 
from the NPL until 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 of 
Superfund sites.
    EPA Region II will accept and evaluate public comments before 
making a final decision to delete. If necessary, EPA Region II will 
prepare a Responsiveness Summary to address any significant comments 
received during the public comment period.
    If EPA does not receive significant adverse or critical comments 
and/or significant new data submitted during the comment period, the 
Site will be deleted from the NPL effective March 20, 2000.

IV. Basis for Intended Site Deletion

    The Site is located in the Village of Katonah (Village), Town of 
Bedford (Town), Westchester County, New York and is situated on a 
narrow peninsula extending eastward into the Muscoot Reservoir, which 
supplies drinking water to New York City.
    Before it was shut down in 1978, the Katonah Municipal Well 
provided over sixty percent of the water supply for 6,200 people in the 
Village.
    In 1978, the Westchester County Department of Health (WCDOH) first 
discovered organic contamination, including tetrachloroethylene (also 
called perchloroethylene (PCE), dibromochloromethane, 
bromodichloromethane and bromoform, in the Katonah Municipal Well. As a 
result, the well was shut down permanently.
    In 1979, four upgradient dry cleaning establishments were 
identified as possible contamination sources. The dry cleaning 
establishments were required by WCDOH to pump out their septic systems 
and to modify their disposal techniques.
    On September 25, 1987, EPA issued a Record of Decision. The 
selected remedy included (1) construction of a new 370 gpm production 
well with an air stripper and disinfection unit; (2) controlling 
contaminant migration through pumping of the production well and 
treatment of extracted groundwater; (3) filling and sealing the 
existing Katonah Municipal Well to prevent the further migration of 
contaminants into the aquifer; (4) monitoring of the treated water to 
detect the presence of identified contaminants in the treated water; 
and, (5) general cleanup of the peninsula area to remove construction 
debris. This remedy is considered a containment remedy. Aquifer 
restoration is a secondary goal which may be achieved through the 
ongoing operation of the system.

[[Page 2907]]

    On July 7, 1989, EPA entered into a Consent Decree with the Town to 
conduct the remedial action, and construction activities were completed 
in May 1992.
    Construction activities consisted of the installation of (1) a new 
370 gpm production well with two pumps, (2) a packed column air 
stripping tower designed for the removal of 99.4% of PCE to a level of 
less than 1 part per billion (ppb) in the effluent and (3) a 
chlorination system for disinfection. Since September 1992, treated 
water is discharged to the Bedford Consolidated Water District 
distribution system for use as a drinking water supply. The analyses of 
the treated water samples from the Katonah Municipal Well show that the 
levels of PCE continue to be below 1 ppb.
    The construction completion of the remedies were documented in a 
Preliminary Close Out report dated July 7, 1992. A September 30, 1997 
five-year review found the remedies to be protective of human health 
and the environment. The final Close Out Report, dated January 3, 2000, 
found that the responsible parties or other persons have implemented 
all appropriate required actions.
    Actions remaining to be performed include continuation of the 
quarterly water quality sampling program and continuation of operation 
and maintenance activities. The O+M activities for the Site are covered 
under the regulatory authority established under the Federal Safe 
Drinking Water Act. This Site is also subject to review of the 
remedies, selected under CERCLA, every five years in accordance with 
Sec. 300.430(f)(4)(ii) of the NCP. The next five-year review will be 
conducted on or before September 30, 2002.

V. Action

    The remedy selected for this Site has been implemented in 
accordance with the Record of Decision. Therefore, no further response 
action is necessary. The remedy has resulted in the significant 
reduction of the long-term potential for release of contaminants. 
Therefore, human health and potential environmental impacts have been 
minimized. EPA and the State of New York find that the remedy 
implemented continues to provide adequate protection of human health 
and the environment.
    The State of New York concurs with EPA that the criteria for 
deletion of the release have been met. Therefore, EPA is deleting the 
Site from the NPL.
    This action will be effective March 20, 2000. However, if EPA 
receives dissenting comments by February 18, 2000, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

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

    Dated: January 3, 2000.
William J. Muszynski,
Acting Regional Administrator, Region 2.
    Part 300, Title 40 of Chapter 1 of the Code of Federal Regulations 
is amended as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 300 continues to read as 
follows:

    Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp.; p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp.; p. 193.

Appendix B--[Amended]

    2. Table 1 of appendix B to part 300 is amended by removing the 
entry for Katonah Municipal Well, Town of Bedford, New York.

[FR Doc. 00-1084 Filed 1-18-00; 8:45 am]
BILLING CODE 6560-50-P