[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Rules and Regulations]
[Pages 42610-42612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20255]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7033-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Tronic Plating Co., Inc. 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region II announces 
the direct final notice of deletion of the Tronic Plating Co., Inc. 
Superfund Site (Site) from the National Priorities List (NPL).
    The NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is Appendix B of 40 CFR Part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of New York through the New York State 
Department of Environmental Conservation (NYSDEC) because EPA has 
determined that all appropriate response actions under CERCLA have been 
completed, and therefore, further remedial action pursuant to CERCLA is 
not appropriate.

DATES: This direct final deletion will be effective October 15, 2001 
unless EPA receives adverse comments by September 13, 2001. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Gloria M. Sosa, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region II 290

[[Page 42611]]

Broadway, 20th Floor, New York, New York 10007-1866.
    Information Repositories: Comprehensive information on this Site is 
available for viewing and copying at the Site information repository 
located 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 am to 5 pm, Monday through Friday.
    Information on the Site is also available for viewing at the 
following information repository: Farmingdale Public Library 274 Main 
Street, Farmingdale, New York 11735, (516) 249-9090, Hours: 9 am-9 pm, 
Friday and Saturday, 9 am-5 pm.

FOR FURTHER INFORMATION CONTACT: Gloria M. Sosa, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
20th Floor, New York, New York 10007-1866; by phone at, (212) 637-4283, 
by fax at (212) 637-4284.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. National Priorities List Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region II announces the deletion of the Tronic Plating Co., 
Inc. Superfund Site (Site), located in Farmingdale, Suffolk County, New 
York, from the NPL and requests public comment on this action.
    The 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. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective October 15, 2001 unless 
EPA receives adverse comments by September 13, 2001 on this document. 
If adverse comments are received within the 30-day public comment 
period of this document, EPA will publish a timely withdrawal of this 
direct final deletion before the effective date of the deletion and the 
deletion will not take effect. EPA will, if appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Tronic Plating Co., Inc. 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses EPA's action to delete the Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425 (e)(1)(i)-(iii) of the NCP provides that sites may 
be deleted from the NPL where no further response is appropriate. In 
making this determination, EPA, in consultation with the NYSDEC, will 
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 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 to 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 if future conditions warrant such 
actions. Section 300.425 (e)(3) of the NCP states: ``All releases 
deleted from the NPL are eligible for further Fund-financed remedial 
actions should future conditions warrant such action. Whenever there is 
a significant release from a site deleted from the NPL, the site shall 
be restored to the NPL without application of the H[azard] R[anking] 
S[ystem].''

III. Deletion Procedures

    The following procedure apply to the 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-further-
action remedy;
    (2) NYSDEC has concurred with the deletion in a letter dated June 
14, 2001;
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state, and local government officials and other 
interested parties; the newspaper notice announces the 30-day public 
comment period concerning the notice of intent to delete the Site from 
the NPL;
    (4) The Region has made all relevant documents available in the 
Regional Office and the local site information repositories listed 
previously;
    (5) If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely notice of 
withdrawal of this direct final notice of deletion before its effective 
date and will prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received.
    Deletion of a site from the NPL does not itself create, alter or 
revoke any person's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management.

IV. Basis for Intended Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

A. Site Location

    The Tronic Plating Co., Inc. Superfund Site is located at 168 
Central Avenue, Farmingdale, Suffolk County, New York, in an 
industrial/commercial area. The Site was used in electroplating and 
metal anodizing from 1968 to 1984. The building that housed the Tronic 
Plating Co., Inc. is owned by Commerce Holding Company, Inc., which 
currently leases the building to several light-industrial 
manufacturers.

B. Site History

    The Tronic Plating Co., Inc. operated at the Central Avenue 
facility from 1968 until 1984. Administrative Orders were issued to the 
Tronic Plating Co., Inc. by both the Suffolk County Department of 
Health Services (SCDHS) and the NYSDEC regarding unpermitted releases 
of industrial waste. In 1984, NYSDEC conducted an inspection of the 
Tronic Plating Co., Inc. facility. The Site was placed on the NPL for 
Superfund cleanup on June 10, 1986.

C. Remedial Investigation/Feasibility Study

    A Remedial Investigation/Feasibility Study (RI/FS) was performed by 
Commerce Holding Company, Inc. in two phases between 1987 and 1992. The 
results of the RI indicated that ground water, soils and storm-drain 
sediments were contaminated with varying levels of volatile organic 
compounds and metals. However, a risk assessment performed by EPA in 
1992 demonstrated that the risks associated

[[Page 42612]]

with the Site were within EPA's acceptable risk range. Nevertheless, 
EPA identified several areas (three on-site storm drains, a sanitary 
leaching pool and a drywell) that were potential sources for metal 
contamination in the ground water. Commerce Holding Co. agreed to 
remove the contaminated sediments in the several identified areas.

D. Removal Action

    On May 7, 1993, Commerce Holding Company, Inc. entered into an 
Administrative Order on Consent (AOC) with EPA to remove contaminated 
sediment and soil from each of the three on-site storm drains and the 
three adjoining overflow drains, the sanitary leaching pool and the 
drywell. Soil samples were collected from the bottom of the excavations 
and analyzed to determine the levels of cadmium, lead and chromium 
present. The AOC specified the following cleanup goals developed by EPA 
and NYSDEC: Cadmium--10 parts per million (ppm); lead--200 ppm; and, 
chromium--98 ppm.
    Pursuant to the AOC, Commerce Holding Company, Inc. began the 
removal work on July 22, 1993 and satisfactorily completed it on August 
13, 1993. Storm water was removed from the on-site storm drains and 
sanitary leaching pool. A vacuum truck was used to remove contaminated 
sediments and soils from the storm drains, sanitary leaching pool and 
drywell. An X-ray fluorescence (XRF) field-screening device was 
employed to determine the depth of the excavation. The XRF results 
indicated that these cleanup goals had been met. Confirmatory soil 
samples were taken at the bottom of each excavation and sent for 
laboratory analysis to ensure that the cleanup goals developed by EPA 
and NYSDEC were met. Results from the analysis of these confirmatory 
samples agree with the field-screening results. All procedures and 
protocols for sampling and testing were done using EPA analytical 
methods and a Contract Laboratory. EPA and NYSDEC believe that 
analytical results are accurate to the degree necessary to ensure 
cleanup goals were met.

E. Record of Decision Findings

    A Record of Decision signed on September 27, 1993 selected ``No 
Further Action'' as a remedy for the Site. Based upon a review of all 
the available data, including the findings of the RI and the risk 
assessment, and the analytical results of confirmatory samples taken 
after the removal of contaminated sediments and soils, EPA determined 
that a no-further-action remedy was protective of human health and the 
environment. In addition, NYSDEC continued to monitor the site to 
verify the effectiveness of the remedy until 1997 when the site was 
delisted from the New York State Registry of Inactive Hazardous Waste 
Disposal Sites.

F. Future Activity

    The Site has been utilized throughout the remedial process. Several 
light industries occupy the property. The metal contamination in the 
drywells has been removed. There is no need for institutional controls 
at this Site. The ground water does not exceed MCLs. Therefore, no well 
restrictions are necessary. EPA will not conduct Five-Year Reviews at 
this Site.

V. Deletion Action

    The EPA, with concurrence of the State of New York, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions are necessary. Therefore, EPA is 
deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective October 15, 2001 unless EPA receives adverse comments by 
September 13, 2001. If adverse comments are received within the 30-day 
public comment period on the proposal, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and it will not take effect. If appropriate, EPA 
will prepare a response to comments and continue with the deletion 
process on the basis of the notice of intent to delete and the comments 
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 13, 2001.
Kathleen C. Callahan,
Acting Regional Administrator, Region II.

    For the reasons set out in this document, 40 CFR Part 300 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 under (``NY'') by 
removing the site Tronic Plating Co., Inc. Farmingdale.

[FR Doc. 01-20255 Filed 8-13-01; 8:45 am]
BILLING CODE 6560-50-P