[Federal Register Volume 66, Number 240 (Thursday, December 13, 2001)]
[Proposed Rules]
[Pages 64387-64391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30740]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7116-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the White Bridge Road property of 
the Asbestos Dump Superfund Site, Operable Unit Two, from the National 
Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region II Office

[[Page 64388]]

announces its intent to delete the White Bridge Road property of the 
Asbestos Dump Superfund Site, Operable Unit (OU) 2, from the National 
Priorities List (NPL) and requests public comment on this action. The 
Asbestos Dump site is listed in the NPL as being located in Millington, 
NJ; however, the portion of the site which is the subject of this 
proposal for partial delisting, the White Bridge Road property, is 
located in Long Hill Township, NJ. The NPL 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. EPA and the State of New Jersey, 
through the Department of Environmental Protection, have determined 
that all appropriate remedial actions have been completed at the White 
Bridge Road parcel and no further fund-financed remedial action is 
appropriate under CERCLA. In addition, EPA and the State of New Jersey 
have determined that all remedial actions taken to date at the White 
Bridge Road property are protective of public health and the 
environment. This partial deletion pertains only to the White Bridge 
Road property of OU 2 of the Asbestos Dump Site. The other properties 
which comprise the site are the Millington property (OU1), the New 
Vernon Road property (OU2) and the Deitzman Tract (OU3). All properties 
comprising the site, other than the White Bridge Road property, will 
remain on the NPL. No further response actions, other than Operation 
and Maintenance and enforcement, are planned for any of the properties 
comprising the Asbestos Dump site.
    This deletion of the White Bridge Road property of the Asbestos 
Dump site is proposed in accordance with 40 CFR 300.425(e) and the 
Notice of Policy Change: Partial Deletion of Sites listed on the NPL, 
published in the Federal Register on November 1, 1995.

DATES: The EPA will accept comments concerning its proposal for partial 
deletion for thirty (30) days after publication of this document in the 
Federal Register and a newspaper of record.

ADDRESSES: Comments may be mailed to: Ms. Kim O'Connell, Section Chief, 
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 White Bridge Road property of the 
Asbestos Dump Superfund Site as well as information specific to this 
proposed partial deletion 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 am to 5 pm--Monday through Friday. Contact the Records 
Center at 212-637-4308.
    Information on the site is also available for viewing at the 
Information Repository which is located at: Long Hill Township Free 
Public Library, 91 Central Avenue, Stirling, New Jersey 07930, (908) 
647-2088.

FOR FURTHER INFORMATION CONTACT: Ms. Kim O'Connell, Section Chief, U.S. 
Environmental Protection Agency, Region II, 290 Broadway, 19th Floor, 
New York, NY 10007-1866, phone: (212) 637-4399; fax: (212) 637-4429; e-
mail: [email protected]. 

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The United States Environmental Protection Agency (EPA) Region II 
announces its intent to delete the White Bridge Road property of the 
Asbestos Dump Site, Operable Unit 2, located in Long Hill Township, 
Morris County, New Jersey from the National Priorities List (NPL) and 
requests public comment on this action. The Asbestos Dump site is 
listed in the NPL as being located in Millington, NJ; however, the 
portion of the site which is the subject of this proposal for partial 
deletion, the White Bridge Road property, is located in Long Hill 
Township, NJ. The NPL 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. This proposal for partial deletion pertains to the White 
Bridge Road property of the Asbestos Dump Site--Operable Unit (OU) 2. 
The White Bridge Road property of the site is a privately owned twelve 
acre property located on Block 225, Lots 79, 35.01 and 35.02 on White 
Bridge Road in Long Hill Township, New Jersey. The property has a 
street address of 651 White Bridge Road in Long Hill Township, NJ. An 
occupied residence and an active horse boarding facility are located on 
the property. The property is bounded by White Bridge Road to the 
north, the Great Swamp National Wildlife Refuge to the east and 
southeast, Black Brook to the southwest and a vacant wooded lot to the 
west.
    At the White Bridge Road property, EPA implemented extensive soil 
and air sampling, conducted a Remedial Investigation and Feasibility 
Study (RI/FS), conducted a risk assessment, selected a remedy and 
implemented the selected remedial action on asbestos contaminated 
materials (ACM) on the property.
    EPA proposes to delete the White Bridge Road property because all 
appropriate CERCLA response activities have been completed. The three 
other properties which constitute the site, Operable Unit 1 (the 
Millington site), the New Vernon Road property of OU2, and OU3 (the 
Deitzman tract), will remain on the NPL and are not the subject of this 
partial deletion.
    The NPL is a list maintained by EPA of sites that EPA has 
determined present a significant risk to public health or the 
environment. Sites on the NPL 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 NPL 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 notice in the Federal 
Register and a newspaper of record.

II. NPL Deletion Criteria

    The NCP establishes the criteria the Agency uses to delete sites 
from the NPL. In accordance with 40 CFR 300.425 (e), sites may be 
deleted from the NPL where no further response is appropriate to 
protect public health or the environment. In making this determination, 
EPA, in consultation with the state, will 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 response action is appropriate; or
    (iii) Based on a remedial investigation, it has been determined 
that the release poses no significant threat to public health or the 
environment and, therefore, taking remedial measures is not 
appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for

[[Page 64389]]

subsequent Fund-financed actions at the area 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 NPL. A partial deletion of a site from the NPL 
does not affect or impede EPA's ability to conduct CERCLA response 
activities at areas not deleted and remaining on the NPL. In addition, 
deletion of a portion 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

    Deletion of a portion 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.
    The following procedures were used for the intended deletion of the 
White Bridge Road property of the Asbestos Dump Superfund Site:
    1. EPA conducted an RI/FS to characterize and evaluate site 
contamination, conducted a risk assessment and on September 27, 1991 
selected a remedial action. On October 20, 1993, EPA modified the 
remedy in an Explanation of Significant Differences.
    2. The remedial design of the selected remedy for the site was 
completed in 1993. Construction of the remedy occurred in 1994 and 
1995. In 1995, EPA issued a Cure Notice requiring additional work. In 
1996, the additional work was completed and in 1997, the final Remedial 
Action Report for the site was issued.
    3. EPA has recommended the partial deletion and has prepared the 
relevant documents.
    4. The State of New Jersey, through the New Jersey Department of 
Environmental Protection, has concurred with the partial deletion 
decision in a letter dated November 20, 2001.
    5. Concurrent with this national Notice of Intent for Partial 
Deletion, a notice has been published in a local newspaper and has been 
distributed to appropriate federal, state and local officials, and 
other interested parties. This notice announces a thirty-day public 
comment period on the deletion package, which starts on the date of 
publication of this notice in the Federal Register and a newspaper of 
record.
    6. The Region has made all relevant documents available in the 
Regional Office and the local site information repository.
    This Federal Register notice, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Notice of Intent for 
Partial Deletion. The public is asked to comment on EPA's proposal to 
delete the White Bridge Road property from the NPL. All critical 
documents needed to evaluate EPA's decision are included in the 
Administrative Record developed for the site, which is available for 
review at the information repositories.
    Upon completion of the thirty (30) day public comment period, EPA 
will evaluate all comments received before issuing the final decision 
on the partial deletion. EPA will prepare a Responsiveness Summary, if 
appropriate, for comments received during the public comment period and 
will address concerns presented in the comments. The Responsiveness 
Summary will be made available to the public at the information 
repositories. If, after review of all public comments, EPA determines 
that the partial deletion from the NPL is appropriate, EPA will publish 
a final notice of partial deletion in the Federal Register. Deletion of 
the White Bridge Road property does not actually occur until the final 
Notice of Partial Deletion is published in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of the White 
Bridge Road property of the Asbestos Dump Site from the NPL and EPA's 
finding that the criteria in 40 CFR 300.425(e) are satisfied:

Background

    The Asbestos Dump Site is being addressed in three phases, referred 
to as Operable Units. OU1 is called the Millington Site; OU2 consists 
of two privately owned, residential properties located in Long Hill 
Township, New Jersey, called the New Vernon Road property and the White 
Bridge Road property. The White Bridge Road property is the subject of 
this Notice of Intent for Partial Deletion. The Dietzman Tract 
comprises OU3.
    From 1945 through 1969, the White Bridge Road property was used for 
farming. In 1970, the parcel was purchased by the current residents. 
From 1970 to 1975, ACM, which included asbestos tiles and siding from 
the National Gypsum Company (NGC), was disposed of on the property. 
After these disposal activities, the current owner converted the 
property into a horse farm with stables. A horse riding track was 
situated 350 feet from the house on a large ACM disposal area. Horse 
stables in the east-central portion of the property, along with a large 
grazing field, are located west of the horse riding track and wetland 
areas. Due to the risk to human health and the environment posed by the 
release of asbestos fibers, the Asbestos Dump Site was listed on the 
NPL on September 1, 1983.

Selected Remedy

    On April 1, 1985, EPA issued an Administrative Order to the NGC to 
conduct the RI/FS at the four areas comprising the Asbestos Dump Site. 
Upon review of the draft May 1987 RI report prepared by NGC, EPA 
determined that the RI failed to adequately characterize the extent of 
contamination at the White Bridge Road property. In August and 
September of 1990, EPA collected and analyzed soil and dust samples at 
the White Bridge Road property and found high levels of asbestos. On 
September 30, 1990, the Agency for Toxic Substances and Disease 
Registry (ATSDR) issued a health consultation that concluded that the 
asbestos fill at the White Bridge Road property posed an imminent and 
substantial health and safety threat to residents and workers. On 
December 20, 1990, a Public Health Advisory was issued for the White 
Bridge Road property that required residents be dissociated from 
exposure to site-related asbestos. Based on this, an immediate removal 
action at the property was implemented.
    Removal activities at the White Bridge Road property were conducted 
to temporarily reduce the potential for asbestos fibers to become 
airborne and to restrict access. These activities included: placement 
of signs and temporary fences to restrict access to areas of visible 
surface contamination, covering of areas of contamination with 
geotextile fabric (the riding track and portions of the access road 
were covered), and air sampling.
    In conjunction with the removal activities, an RI/FS was initiated 
by EPA in the fall of 1990 to fully characterize the extent of 
asbestos. The RI included a hydrogeological investigation and sampling 
and subsequent laboratory analysis of subsurface soils, sediments, 
surface water, ground water, potable water, and air. RI field work was 
completed in the fall of 1990. The RI and FS Reports issued in June 
1991 provided detailed summaries and discussion of sampling activities 
at the Site, the results of the risk assessment performed, and an 
analysis of remedial alternatives. The FS concluded that if

[[Page 64390]]

no action were taken at the White Bridge Road property, a potential 
health threat to the public and environment would result through 
inhalation of asbestos. The FS provided a detailed analysis of a number 
of remedial alternatives which were developed to address site 
contamination. On July 8, 1991, a Proposed Plan describing EPA's 
preferred remedy was released for a 30-day public comment period. EPA 
held a public meeting on July 17, 1991 to discuss the RI/FS results, 
remedial alternatives, and the Proposed Plan. The meeting was attended 
by members of the local community and other interested parties.
    On September 27, 1991, after consideration of all comments received 
during the public comment period, EPA issued a Record of Decision (ROD) 
for the White Bridge Road property of the Asbestos Dump Site. The 
remedy selected through the ROD included: in-situ solidification/
stabilization of asbestos contaminated soils (all ACM present above 0.5 
percent by weight of asbestos was addressed); appropriate environmental 
monitoring to confirm the effectiveness of the remedy; and 
implementation of institutional controls to assure the integrity of the 
treated waste.

Response Actions

    Prior to the implementation of the remedy, TRC Environmental 
Corporation (TRC), under contract to EPA, performed a treatability 
study. The objective of the study was to determine design 
specifications and to identify limitations and potential problems that 
could arise from solidification of ACM present at the White Bridge Road 
property. The Treatability Study Report, dated February 3, 1993, 
indicated that ACM would not be adequately solidified below the water 
table. Consequently, the ROD remedy was modified with an Explanation of 
Significant Differences (ESD) on October 20, 1993 to limit the extent 
of the solidification/stabilization to the ACM above the water table. 
In addition, the ESD provided for the addition of a synthetic membrane 
liner to cover the treated ACM and the placement of geotextile fabric 
in the trench around the solidified ACM.
    The Remedial Design (RD) Report, including drawings and 
specifications, was prepared by TAMS Consultants, Inc. and TRC 
Environmental Corporation in January 1993. The design addressed details 
regarding: excavation and consolidation of ACM; solidification/
stabilization of the ACM above the ground water table; construction of 
a final protective geomembrane/soil cover; construction of a perimeter 
infiltration trench; and final grading, revegetation, drainage, and 
erosion controls.
    In April 1994, EPA's contractor, CDM Federal Programs Corporation 
awarded the construction contract to Geo-Con, Inc. for the White Bridge 
Road construction activities.
    EPA issued a Notice to Proceed to the contractor on April 4, 1994. 
Construction activities were performed in two phases. The first phase 
included work activities such as excavation, solidification, 
backfilling and construction of the impermeable cover. Confirmatory 
sampling of the limits of ACM and excavation of contaminants began in 
August of 1994. The solidification/stabilization of approximately 9,900 
cubic yards (cy) of ACM was initiated on October 10, 1994. The final 
depth of the solidified ACM is approximately two and a half feet below 
the ground surface. The geomembrane installation process began on 
November 15, 1994.
    The second phase of construction consisted of site restoration. 
Site restoration included topsoil placement, cap fence construction, 
monitoring well installation, stockpile removal, seeding, and landscape 
replacement. This phase was conducted between March and November 1995.
    After implementation of the remedy, EPA discovered that some of the 
fill material which was used by the contractor on the White Bridge Road 
property, known as ``ODAAT fill,'' had originated from a facility 
subject to the New Jersey Cleanup Responsibility Act, now the 
Industrial Site Recovery Act. On April 7, 1995, EPA issued a Cure 
Notice to CDM/FPC indicating that this material failed to meet the 
contract specifications for fill. Approximately 1,010 cubic yards of 
this unacceptable fill material was placed in three areas of the 
property.
    To address this situation, on August 15, 1995, EPA approved CDM/
FPC's Cure Notice Response Workplan for White Bridge Road. The work 
performed under the Cure Notice Response Workplan was completed on 
August 28, 1995, and was performed at no cost to EPA or the State.
    The subcontractor completed remedial construction activities in 
October 1995. EPA, CDM/FPC, and Geo-Con, Inc. held a pre-final site 
inspection on October 26, 1995. As a result, low areas over the 
impermeable cover were filled and graded with topsoil. All site 
restoration work was completed in the fall of 1996.
    In December 1997, EPA approved the Final Remedial Action Report, 
prepared by CDM/FPC, which describes all construction activities.

Community Involvement

    Public participation activities for the White Bridge Road property 
of the Asbestos Dump Site, OU2 have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and section 117, 42 U.S.C. 
9617. The Remedial Investigation Report, the Feasibility Study Report, 
the ROD, ESD, Final Remedial Action Report, as well as other documents 
and information which EPA relied on or considered in recommending that 
no further action is necessary at the White Bridge Road property, and 
that the property should be deleted from the NPL, are available for the 
public to review at the information repositories.

Long Term Maintenance of the Remedy

    On January 5, 2001, the owners of the White Bridge Road property 
filed a Deed Notice with the Morris County Clerk. EPA and the State 
agreed on the terms of the Deed Notice, which require the property 
owners to conduct periodic maintenance activities on the cap. The State 
of New Jersey will be responsible for performing other Operation and 
Maintenance activities.
    Based on the completion of the remedial action activities at the 
White Bridge Road property of the Asbestos Dump Site, OU2, there are no 
further response actions, other than maintenance activities, planned or 
scheduled for this property. Pursuant to CERCLA, if EPA selects 
remedies at sites which result in hazardous substances, pollutants or 
contaminants remaining at the site, five year reviews must be 
performed. A five year review was performed for the Asbestos Dump Site, 
including the White Bridge Road property in September 2000 and 
additional five year reviews will be conducted at the White Bridge Road 
property since asbestos contaminated materials remain on the property.
    EPA does not believe that any future response actions, other than 
maintenance activities to be conducted by the site owners and by the 
State, will be needed. If future conditions warrant such action, the 
White Bridge Road property of the Asbestos Dump Site will remain 
eligible for future Fund-financed response actions. Furthermore, this 
partial deletion of the White Bridge Road property does not alter the 
status of the other properties comprising the Asbestos Dump site, which 
are not proposed for deletion at this time and will remain on the NPL.
    In a letter dated November 20, 2001, the New Jersey Department of

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Environmental Protection concurred with EPA that all appropriate CERCLA 
response actions have been completed at the White Bridge Road property 
and protection of human health and the environment has been achieved. 
Therefore, EPA makes this proposal to delete the White Bridge Road 
property of the Asbestos Dump Site from the NPL.

    Dated: November 26, 2001.
William J. Muszynski,
Acting Regional Administrator--Region II.
[FR Doc. 01-30740 Filed 12-12-01; 8:45 am]
BILLING CODE 6560-50-P