[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Proposed Rules]
[Pages 41914-41918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15455]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7224-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Facility Area 
portion of the A.O. Polymer Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region II announces 
its intent to delete the Facility Area portion of the A.O. Polymer Site 
(Site) located in Sussex County, New Jersey, from the National 
Priorities List (NPL) and requests public comment on this action. 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). EPA and the State 
of New Jersey (State), through the Department of Environmental 
Protection, have determined that all appropriate response actions 
relating to the Facility Area portion of the Site have been 
implemented. This partial deletion pertains only to the Facility Area 
portion of the Site and does not include the other portions of the 
Site.
    The purpose of the proposed deletion of the Facility Area is to 
remove remediated and potentially useful property from the NPL, thereby 
making the land available for beneficial reuse.
    EPA compiled Facility Area EPA documents, such as soil sample 
results and locations, maps, Pollution Reports, and other relevant 
deletion

[[Page 41915]]

documentation, which EPA used in its determination to propose the 
Facility Area for deletion from the NPL. These Site files can be 
reviewed in the repositories listed below.

DATES: 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 local newspaper of record.

ADDRESSES: Comments may be mailed to: Jeff M. Catanzarita, Remedial 
Project Manager, EPA, Region II, 290 Broadway, 19th Floor, New York, 
New York 10007-1866.
    Information Repositories: Comprehensive information on the Site, as 
well as information specific to this proposed partial deletion is 
available for review at EPA's Region II office in New York, New York, 
and at the information repository listed below. The Site file and the 
Deletion Docket for this partial deletion are maintained at the EPA 
Records Center, 290 Broadway, 18th Floor, New York, New York 10007-
1866. The Records Center hours of operation are 9-5 p.m., Monday 
through Friday, and the Records Center staff can be reached at (212) 
637-4308.
    EPA has established a local information repository at the Sparta 
Public Library, 22 Woodport Road, Sparta, New Jersey 07871, where the 
Deletion Docket is available for public review.

FOR FURTHER INFORMATION CONTACT: Jeff M. Catanzarita (212) 637-4409, 
fax No. (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 U. S. Environmental Protection Agency (EPA) Region II announces 
its intent to delete a portion of the A.O. Polymer Site (Site), located 
in Sussex County, New Jersey, from the National Priorities List (NPL) 
and requests comment on this proposal. 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 partial deletion of the Site 
is proposed in accordance with 40 CFR 300.425(e) and the Notice of 
Policy Change: Partial Deletion of Sites Listed on the National 
Priorities List 60 FR 55466 (Nov. 1, 1995). The Site has two land 
portions, hereafter referred to as the Facility Area and the Disposal 
Area. This proposal for partial deletion only pertains to the 3.76-acre 
Facility Area of the Site. The 0.42-acre Disposal Area and the 
contaminated groundwater will remain on the NPL.
    The Site is an inactive facility located at 44 Station Road in the 
Township of Sparta, Sussex County, New Jersey. The Site occupies 4.18 
acres near the Sparta Rail Road Station along the New York, Susquehanna 
and Western (NYS&W) Railway. The Site is bounded to the north and east 
by Station Park, a municipal recreation area, to the southeast by 
Station Road, and to the south and west by the NYS&W Railway. The Site 
is located on two lots delineated by a Sussex County tax map as Block 
19, Lot 45-B (3.22 acres) and Lot 45-C (0.96 acres).
    The proposal for partial deletion pertains to both lots except for 
a portion of Lot 45-B, which is the Disposal Area and is described in 
Section IV, Basis for Intended Partial Site Deletion. The Disposal Area 
is located in the northwest corner of the property, separated from 
other areas by a dirt road.
    No further action is necessary to protect human health, welfare, 
and the environment in relation to the Facility Area portion of the 
Site and, therefore, EPA proposes to delete the Facility Area because 
all appropriate CERCLA response activities have been completed. 
However, ongoing soil cleanup activities at the Disposal Area and the 
groundwater are not complete, and the Disposal Area and groundwater 
will remain on the NPL and are not subject to this partial deletion.
    The NPL is a list maintained by EPA of sites that EPA has 
determined present a significant risk to human health, welfare, or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (``the 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 local newspaper of record.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR Sec. 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate to 
protect human health or the environment. In making such a 
determination, EPA, in consultation with the State, will consider 
whether any of the following criteria have been met:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate; or
    Section 300.425(e)(1)(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 portion of a site from the NPL does not preclude 
eligibility for 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.
    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.

III. Deletion Procedures

    The following procedures were used for the proposed deletion of the 
Facility Area at the Site:
    (1) From 1993 to 1997, EPA's Removal Action Branch conducted 
removal activities at the Facility Area, which included confirmatory 
soil sampling. Sampling results found contaminant levels below the New 
Jersey Residential Soil Cleanup Criteria and, therefore, the Facility 
Area is available for unrestricted use.
    (2) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (3) The State through the NJDEP concurs with this partial deletion 
in a letter dated February 20, 2002.
    (4) Concurrent with this national Notice of Intent for Partial 
Deletion, a

[[Page 41916]]

notice has been published in a local newspaper of record and has been 
distributed to appropriate federal, state, and local officials, and 
other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and a local 
newspaper of record.
    (5) EPA has made all relevant documents available at the 
information repositories listed previously.
    This Federal Register notice, and a concurrent notice in a local 
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 Facility Area portion of the Site from the NPL. All critical 
documents needed to evaluate EPA's decision are included in the 
Deletion Docket and are available for review at the EPA Region II 
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. If appropriate, EPA will prepare a 
Responsiveness Summary 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 listed previously. 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 Facility Area 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 Facility 
Area of the Site from the NPL and EPA's finding that the criteria in 40 
CFR 300.425(e) are satisfied.

Background

    The Site is located at 44 Station Road in the Township of Sparta, 
Sussex County, New Jersey. From the early 1960s until 1978, the Site 
was the location of two businesses: Mohawk Industries (Mohawk), which 
operated a resins manufacturing and solvent reclamation facility; and 
later A.O. Polymer Corporation (A.O. Polymer), which continued the 
resins manufacturing processes of Mohawk. The activities of these 
companies contaminated the soil and groundwater at the Site.
    The Site occupies approximately 4 acres near the Sparta Rail Road 
Station along the New York, Susquehanna and Western (NYS&W) Railway and 
is situated in a semi-rural area near the Wallkill River. The Site is 
divided into two distinct areas, the Disposal Area and the Facility 
Area.
    In 1978, the facility was purchased by A.O. Corporation, the parent 
corporation of A.O. Polymer. A.O. Polymer purchased the rights to 
manufacture resins products previously produced by Mohawk. A.O. Polymer 
continued to utilize the same processing machinery, storage vessels, 
and laboratories used by Mohawk. For approximately one year in 1978, 
A.O. Polymer also continued Mohawk's solvent reclamation process.
    Until 1994, A.O. Polymer continued to use the Facility Area for 
resins manufacturing operations. The Facility Area structures present 
at the Site include office and laboratory facilities, a main reactor 
building, assorted storage buildings, numerous storage tanks, and a 
non-contact water cooling pond. These structures remain on the Facility 
Area but are no longer used.
    Complaints of odors emanating from well water and air near the Site 
were first registered by citizens living or working near the Site in 
1973. Complaints of odors and bad smelling well water intensified in 
1978, touching off formal investigations by the Sparta Health 
Department and the NJDEP. In December 1978, NJDEP inspectors and Sparta 
Health Department officials collected samples from potable wells 
surrounding the Site. Analysis of these samples revealed the existence 
of Volatile Organic Compounds (VOCs) in three domestic wells located 
along Station Road. In June 1979, the owners of the three affected 
wells filed damage claims with the New Jersey Hazardous Spill Fund, and 
in January 1980, these homes were connected to a municipal water 
supply.
    In 1978, NJDEP began investigating reports of drum stockpiling at 
the Site. These investigations identified on-site waste disposal and 
storage practices as the source of groundwater contamination in 
residential wells. Waste handling practices included disposal of liquid 
chemical waste into unlined lagoons, improper storage of over 800 
deteriorating drums, and burial of crushed and open drums containing 
waste materials including volatile and semi-volatile organic compounds.
    In 1980 and 1981, surficial cleanup at the Site was initiated by 
NJDEP, including the removal of surface drums and the excavation and 
removal of contaminated soil located in the unlined lagoon area (i.e., 
the Disposal Area). The Disposal Area of the Site was reportedly 
excavated to a depth of approximately 10 feet and backfilled with clean 
soil. This cleanup resulted in the removal of 1,150 drums; 1,700 cubic 
yards of contaminated soil; and 120 cubic yards of crushed drums and 
debris.
    Concern regarding the extent of groundwater contamination resulted 
in additional investigations by NJDEP. In January 1982, NJDEP's 
Division of Water Resources installed 11 monitoring wells on and 
adjacent to the Site to determine the extent of groundwater 
contamination. Sampling confirmed that contamination had reached the 
Allentown formation, which is a source of potable water in the area. 
Sampling also revealed that groundwater contamination had migrated to 
Station Park, 300 yards northeast of the Site.
    On September 1, 1983, the Site was placed on the NPL.
    Complaints of odors emanating from the Site continued throughout 
the 1980s. In response to repeated complaints from residents in the 
area, the NJDEP Division of Environmental Quality cited and fined the 
A.O. Polymer facility for air emission violations.
    In 1984, a Remedial Investigation and Feasibility Study (RI/FS) was 
performed by NJDEP and funded by EPA through a Cooperative Agreement 
with NJDEP. During the RI, the Disposal Area was sampled. Soil samples 
taken from this area of the Site and compared with other soil samples 
taken from other portions of the Site led to the conclusion that the 
soil ten to twenty feet beneath the Disposal Area contained residual 
VOC contamination that acted as a source of contamination to the 
groundwater.
    After initial indications of groundwater contamination were 
confirmed, NJDEP installed a network of 18 additional monitoring wells 
during the RI/FS. These 18 monitoring wells were installed in and 
around the Site to characterize the nature and extent of groundwater 
contamination. The RI/FS report confirmed that the source of 
groundwater contamination was located in Disposal Area soil and the 
groundwater contamination threatened a drinking water aquifer. This 
contaminated soil area takes up approximately 0.42 acre of the Site and 
is bounded to the northwest and southwest by the Gun Club access road 
and to the northeast and southeast by a steep embankment that adjoins 
the park property.

[[Page 41917]]

    The area of groundwater contamination is approximately 1,000 feet 
long and 900 feet wide and extends from the Site to the Wallkill River. 
The majority of the groundwater contamination is located beneath 
Station Park.
    On June 28, 1991, EPA and NJDEP completed the RI/FS and issued a 
Record of Decision (ROD), which selected a remedy to address 
contaminated soil at the Disposal Area and groundwater under both areas 
and extending off the Site. EPA selected Soil Vapor Extraction (SVE) to 
treat the source of the groundwater contamination (i.e., Disposal Area 
soil) and a groundwater extraction and treatment system to remediate 
the groundwater contamination.
    After the ROD was signed, EPA became the lead agency in charge of 
response activities at the Site. EPA identified Potentially Responsible 
Parties (PRPs) and issued a Unilateral Administrative Order to conduct 
the Remedial Design and Remedial Action (RD/RA). Design of the SVE 
system started on April 2, 1992. Both the SVE and groundwater 
extraction waste streams are run through treatment plants located on 
property adjacent to the A.O. Polymer property designated in the county 
tax records as Lot 45-A. By October 1994, construction of the SVE 
system was completed and the system was operational and functional in 
January of 1995. Through February 2002, the SVE system has removed over 
5,205 gallons of VOCs from contaminated soil.
    The groundwater treatment component of the selected remedy 
consisted of pumping the contaminated groundwater from the aquifer, 
treating it with a Powdered Activated Carbon Treatment (PACT) system 
and then returning the treated groundwater to the aquifer. Treatability 
studies conducted on the PACT system showed that this treatment system 
could not meet the discharge limitations; therefore, an Explanation of 
Significant Differences (ESD), issued on September 17, 1996, called for 
modifying the ROD to allow the use of an air stripper to remove 
contaminants from groundwater, so that the contingent surface water 
discharge point, outlined in the ROD, could be implemented instead of 
using groundwater re-injection. In addition, the ESD called for only 
the most contaminated part of the plume to be treated via the 
extraction and treatment system, thereby allowing the remaining low 
level contaminant concentrations to naturally attenuate. Construction 
of the groundwater pump and treatment system was completed on March 26, 
1998. On April 30, 1998, the NJDEP approved a Classification Exception 
Area (CEA) and a Well Restriction Area, dated April 8, 1998, for a 
portion of the Site, which are included in the Deletion Docket. The CEA 
was established in accordance with N.J.A.C. 7:9-6.6, because 
constituent groundwater quality standards are not being met at this 
Site due to pollution caused by human activity. The Well Restriction 
Area was established to preclude withdrawal of the contaminated 
groundwater associated with this Site, except for the purposes of 
monitoring and/or additional treatment at another time. Through 
February 2002, the groundwater treatment system has removed over 1,414 
gallons of VOCs from contaminated groundwater. During the remedial 
design, it was estimated that the implemented remedy would take about 
13 years to achieve groundwater cleanup goals (i.e., Maximum 
Contaminant Levels [MCLs]) in down-gradient compliance monitoring 
wells. However, the goal of the groundwater component of the remedy is 
to achieve the cleanup goals in all monitoring wells, and additional 
treatment beyond 13 years may be required. The SVE system only treats 
the source of the groundwater contamination in soils, and it is likely 
that the SVE system could be turned off within the next five years.

Facility Area Response Actions

    The 3.76-acre Facility Area contains structures, such as office and 
laboratory facilities, a main reactor building, assorted storage 
buildings, numerous storage tanks, and a non-contact water cooling 
pond.
    In early 1994, production activities at the facility ceased and the 
Site operator left hazardous material improperly stored and unsecured 
on the Facility Area of the Site. In response to requests from the 
Township of Sparta Health Department, EPA initiated a removal action at 
the recently abandoned facility on April 27, 1994. Additional soil 
samples and waste samples were collected at the Facility Area during 
the removal action. Sample results indicated that hazardous substances 
contained in drums and tanks found at the Site were being released to 
the environment. EPA removal activities included removal of hazardous 
materials from the laboratory building, storage building, reactor 
building, some above-ground piping and tanks, as well as an underground 
storage tank.
    During EPA's removal activities, 121 cubic yards of soil, 91 cubic 
yards of asbestos-containing materials, 34,000 pounds of hazardous 
waste, 37,600 pounds of non-hazardous waste, and 3,491 gallons of 
bulked hazardous liquids were removed from the Site.
    After removal activities were completed, EPA collected confirmatory 
soil samples to determine if any remaining areas of the Site were in 
need of remediation. An analysis of earlier RI/FS soil samples and the 
post-removal action soil samples taken on the Facility Area indicated 
that soil on the Facility Area does not exceed New Jersey Residential 
Direct Contact Soil Cleanup Criteria.
    On August 18, 1998, EPA removal activities were concluded. EPA 
bases its proposal to delete the Facility Area at the A.O. Polymer Site 
on the determination by EPA and the NJDEP, that all appropriate actions 
under CERCLA have been completed to protect human health, welfare, and 
the environment related to the Facility Area portion of the Site.
    EPA compiled Facility Area documents, such as soil sample results 
and locations, maps, Pollution Reports, and other relevant deletion 
documentation, which EPA used in its determination to propose the 
Facility Area for deletion from the NPL. These Site files can be 
reviewed in the repositories listed above.
    All of EPA's response actions at the Facility Area were conducted 
using funds from the Hazardous Substance Superfund.
    The Site boundaries are delineated by a Location Survey Map, dated 
June 29, 1998, which demarcated the entire Site. The Site is mapped out 
according to Sparta, New Jersey tax records as: Block 19, Lot 45-B 
(3.22 acres), and Block 19, Lot 45-C (0.96 acres). The Disposal Area is 
located on the northern side of Lot 45-B and is separated from the 
Facility Area by a dirt road. The Facility Area is all of Lot 45-C and 
the majority of Lot 45-B, minus the Disposal Area. The 3.76-acre 
Facility Area is bounded on the west by the New York, Susquehanna and 
Western Railroad property, to the north by the Disposal Area, on the 
east by a Township park and to the south by commercial property.
    EPA demarcates the Facility Area portion of the Site as follows: 
all of Block 19, Lot 45-C and all of Block 19, Lot 45-B, except, the 
0.42-acre Disposal Area located within Block 19, Lot 45-B. EPA 
delineates the 0.42-acre Disposal Area portion by the following Easting 
and Northing coordinates: point A (2,009,826.645: 806,913.161) ; to 
point B (2,010,049.344: 806,913.161); to point F (2,010,052.240: 
806,758.795); to point G (2,009,880.808: 806,726.615); to point H 
(2,009,856.230: 806,760.672); and back to point A. The area within the 
above

[[Page 41918]]

referenced Easting and Northing coordinates represents the area that 
shall remain on the NPL (i.e., the Disposal Area). This proposal for 
partial deletion pertains only to the above-described Facility Area of 
the Site. The Disposal Area described in the above Easting and Northing 
coordinates will remain on the NPL along with the groundwater cleanup.

Community Relations Activities

    Initial community interest was high, related to fears about 
contaminated drinking water and odors emanating from the Site. Since 
the 1991 ROD was issued, the community concern with the Site has been 
minimal. EPA did not hold a public meeting for the Facility Area 
removal action.
    The community and Sparta Township officials expressed a desire to 
possibly redevelop the Facility Area property. Any future developer or 
owner of the Facility Area property should be aware that EPA, the 
State, and the PRP conducting the cleanup will need access to the 
Facility Area for the duration of the ongoing response action at the 
Site.

Current Status

    Based on the successful completion of EPA's removal action and the 
extensive investigations and sampling performed on the Facility Area of 
the Site, there are no further response actions planned or scheduled 
for the Facility Area of the Site. There are no further cleanup 
activities, except periodical groundwater monitoring, necessary at the 
Facility Area. Pursuant to the NCP, a five-year review is not required 
at the Facility Area portion of the Site. However, since five-year 
reviews are needed at other portions of the Site, five-year reviews 
will be performed. The selected remedy is ongoing at the Disposal Area 
and will continue for an estimated 13 years.
    While EPA does not believe that any future response actions at the 
Facility Area of the Site will be needed, if future conditions warrant 
such action, the Facility Area potion of the Site will remain eligible 
for future Fund-financed response actions. Furthermore, this partial 
deletion does not alter the status of the Disposal Area of the Site and 
the groundwater, which are not proposed for deletion and remain on the 
NPL.
    In a letter dated February 20, 2002, the State, through the NJDEP, 
has concurred on EPA's final determination regarding the proposed 
partial deletion.
    EPA and NJDEP have determined that the Facility Area portion of the 
Site does not pose a significant threat to human health, welfare, or 
the environment and that all appropriate response actions have been 
completed at the Facility Area portion. Therefore, EPA makes this 
proposal to delete the Facility Area portion from the NPL.

    Dated: June 7, 2002.
Jane M. Kenny,
Regional Administrator, Environmental Protection Agency, Region II.
[FR Doc. 02-15455 Filed 6-19-02; 8:45 am]
BILLING CODE 6560-50-P