[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Rules and Regulations]
[Pages 18925-18926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8524]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6572-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final deletion of the Upper Deerfield Township Sanitary 
Landfill Superfund Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA), Region II Office 
announces the deletion of the Upper Deerfield Township Sanitary 
Landfill Superfund 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 of 1980 (CERCLA), as amended. EPA and 
the New Jersey Department of Environmental Protection (NJDEP) have 
determined that all appropriate response actions under CERCLA have been 
implemented at the Site to protect human health and the environment.

DATES: This ``direct final'' action will be effective on June 9, 2000 
unless EPA receives significant adverse or critical comments by May 10, 
2000. If written significant 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 may be mailed to: Diego M. Garcia, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region II, 290 Broadway, 19th Floor New York, New 
York 10007-1866.
    Comprehensive information on this Site is available for viewing at 
the Upper Deerfield Township Sanitary Landfill Superfund Site 
information repositories at the following locations:

Upper Deerfield Municipal Building, Administrative Office, Building 
1325, State Highway 77, Seabrook, New Jersey 08302, (609) 329-4000

and

U.S. EPA Records Center, 290 Broadway, Room 1828, New York, New York 
10007-1866, Hours: 9:00 AM to 5:00 PM, Monday through Friday. Contact: 
Superfund Records Center (212) 637-4308.

FOR FURTHER INFORMATION CONTACT: Diego M. Garcia, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
19th Floor, New York, New York 10007-1866, (212) 637-4947, by FAX at 
(212) 637-4393 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

    The United States Environmental Protection Agency (EPA) Region II 
announces the deletion of the Upper Deerfield Township Sanitary 
Landfill Superfund Site (the ``Site''), which is located in Upper 
Deerfield Township, Cumberland County, New Jersey, from the National 
Priorities List (NPL). The NPL constitutes Appendix B of the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
part 300. EPA identifies sites that appear to present a significant 
risk to public health or the environment and maintains the NPL as the 
list of these sites. Pursuant to 40 CFR 300.425(e)(3) of the NCP, any 
site or portions of a site deleted from the NPL remains eligible for 
Fund-financed remedial actions if future conditions at the site warrant 
such action.
    EPA will accept comments concerning this document until May 10, 
2000.
    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 Upper Deerfield 
Township Sanitary Landfill Superfund Site and explains how the Site 
meets the deletion criteria.

II. NPL Deletion Criteria

    As described in Sec. 300.425(e) of the NCP, sites may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a site from the NPL, EPA, in consultation with 
NJDEP, shall consider whether any of the following have been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or,
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response 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 of 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) on 
September 30, 1991, which found that the release poses no significant 
threat to public health or the environment and therefore, taking 
remedial measures is not appropriate; (2) EPA Region II issued a Final 
Close-Out Report dated September 27, 1993; (3) NJDEP has concurred with 
the deletion decision in a letter dated March 4, 1998; (4) a five-year 
review was completed in September 1999, and determined that the remedy 
continues to be protective of public health and the environment; (5) a 
notice has been published in the local newspaper and has been 
distributed to appropriate federal, state and local officials and other 
interested parties announcing a 30-day dissenting public comment period 
on EPA's Direct Final Action to Delete; and (6) EPA Region II 
recommends deletion and has made all relevant documents available for 
public review in the regional office and local Site information 
repositories.
    EPA is requesting public 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 sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. 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 appropriate, the Agency will 
prepare a Responsiveness Summary to address

[[Page 18926]]

any significant public comments received.
    If EPA does not receive significant adverse or critical comments 
and/or any significant new data submitted during the comment period, 
the Site will be deleted from the NPL effective June 9, 2000.

IV. Basis for Intended Site Deletion

    The Upper Deerfield Sanitary Landfill Superfund Site is an 
inactive, 14-acre landfill located on a 22.72-acre tract of land in the 
rural farming community of Upper Deerfield Township, Cumberland County, 
New Jersey. The Site is located approximately two and one-half miles 
east-southeast of Seabrook, New Jersey and lies between Woodruff Husted 
Station Road (County Route 687) to the east and Centerton Road (County 
Route 553) to the west.
    The 14-acre site was operated as a municipal landfill licensed to 
accept household waste until it closed in 1983. In response to 
complaints about water quality from residents using private ground 
water wells, ground water investigations were conducted in 1980. 
Volatile organic compounds (VOCs) and mercury were found in area wells. 
In 1983, NJDEP and the County advised residents to discontinue using 
their wells, and the Township began supplying the affected residents 
with bottled water. The Site was included on the NPL on September 1, 
1983.
    In 1986, utilizing funds provided by the State of New Jersey, the 
Township installed a public water supply well and distribution system 
to provide potable water to residents in the area. EPA conducted a 
remedial investigation at the Site from September 1987 through 
September 1990.
    The results showed that the ground water and soil contamination 
associated with the Site no longer posed a health threat under current 
or likely future land use conditions. On September 30, 1991, EPA issued 
a ROD which called for no further action with a program to monitor the 
air and ground water.
    In September 1994, EPA and Upper Deerfield Township signed an 
Administrative Order on Consent (ACO) which requires the Township to 
monitor the ground water for 30 years pursuant to the 1991 ROD. The 
ground water monitoring program began in December 1995. To date, ground 
water samples taken at the landfill, have not shown elevated levels of 
contaminants of concern. Air samples at the landfill and surrounding 
areas have not detected any airborne contaminants. Since airborne 
contaminants were not detected, the air monitoring program has been 
discontinued.
    A five-year review was completed in September 1999, and found the 
remedy continues to be protective of public health and the environment. 
In accordance with Sec. 300.430(f)(4)(ii) of the NCP, this site is 
subject to a review of the remedies selected under CERCLA every five 
years. The next five-year review will be conducted on or before 
September 2004.
    All the completion requirements for this Site have been met as 
described in the Final Close-Out Report dated September 23, 1993. EPA 
and NJDEP have found that the release poses no significant threat to 
public health and the environment and, therefore, taking remedial 
measures is not appropriate. Documents supporting this action are 
available in the deletion docket.

V. Action

    EPA and the NJDEP have found that the release poses no significant 
threat to public health and the environment and, therefore, taking 
remedial measures is not appropriate. Therefore, EPA is deleting the 
Site from the NPL.
    This action will be effective on June 9, 2000. However, if EPA 
receives significant adverse or critical comments by May 10, 2000, EPA 
will publish a document that withdraws this action.

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: March 15, 2000.
William J. Muszynki,
Acting Regional Administrator, Region 2.

    Part 300, title 40 of chapter I 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: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; 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 
site for Upper Deerfield Township Sanit. Landfill, Upper Deerfield 
Township, New Jersey.

[FR Doc. 00-8524 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P