[Federal Register Volume 67, Number 125 (Friday, June 28, 2002)]
[Rules and Regulations]
[Pages 43552-43554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16268]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7238-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final deletion of the Hopkins Farm Superfund Site from 
the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces 
the deletion of the Hopkins Farm Superfund Site (Site), located in 
Plumsted Township, Ocean County, New Jersey, from the National 
Priorities List (NPL) and requests public comment on this action.
    The NPL is appendix B of 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) of 1980, as amended. 
This Direct Final Notice of Deletion is being published by EPA with the 
concurrence of the State of New Jersey, through the New Jersey 
Department of Environmental Protection (NJDEP). EPA and NJDEP have 
determined that all appropriate response actions under CERCLA have been 
completed and, therefore, no further cleanup pursuant to CERCLA is 
required. Moreover, EPA and NJDEP have determined that the Site poses 
no significant threat to public health or the environment.

DATES: This direct final deletion will be effective August 27, 
2002,unless EPA receives adverse comments by July 29, 2002. If 
significant 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: Mr. Trevor Anderson, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 19th Floor, 
New York, NY 10007-1866.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories, located at:

U.S. Environmental Protection Agency, Region 2, Superfund Records 
Center,

[[Page 43553]]

290 Broadway, Room 1828, New York, New York 10007-1866, 212-637-4308. 
Hours: 9 am to 5 pm--Monday through Friday By Appointment

    and,

New Egypt Library, 10 Evergreen Road, New Egypt, New Jersey 08533, 609-
758-7888. Hours: 10 am to 5 pm--Monday through Friday

    and,

New Jersey Department of Environmental Protection, Central File Room--
CN 413, 401 East State Street, Trenton, New Jersey 08625, 609-292-0400. 
Requires 24-hour notification.

FOR FURTHER INFORMATION CONTACT: Mr. Trevor Anderson, Remedial Project 
Manager, U.S. EPA, Region 2, 290 Broadway, 19th Floor, New York, NY 
10007-1866, (212) 637-4425; 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 Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 2 announces the deletion of the Hopkins Farm Superfund 
Site from the NPL. EPA maintains the NPL as the list of those Sites 
that appear to present a significant risk to public health or the 
environment. Sites on the NPL can have remedial actions financed by the 
Hazardous Substances Superfund Response Trust Fund. As described in 
Section 300.425(e)(3) of the NCP, a Site deleted from the NPL remains 
eligible for remedial actions if conditions at the Site warrant such 
action.
    EPA considers this action to be noncontroversial and routine, and 
therefore, EPA is taking it without prior publication of a Notice of 
Intent to Delete. This action will be effective August 27, 2002, unless 
EPA receives significant adverse comments by July 29, 2002, on this 
action. If significant adverse comments are received within the 30-day 
public comment period of this action, 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 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 EPA is using for 
this action. Section IV discusses the Hopkins Farm Superfund Site and 
demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) 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 State, shall consider 
whether any of the following criteria have been met:
    (i) Responsible parties 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 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.
    EPA will not conduct any further reviews of this Site because EPA 
believes that this Site is suitable for unlimited use and unrestricted 
exposure. If new information becomes available which indicates a need 
for further action, EPA may initiate such actions based upon 
Sec. 300.425(e)(3) of the NCP.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    1. In January 1987, the NJDEP initiated a Remedial Investigation/
Feasibility Study (RI/FS) to characterize and evaluate Site 
contamination.
    2. On August 23, 1991, NJDEP entered into an Administrative Consent 
Order with Morton Thiokol, Incorporated (Morton) to conduct a removal 
action at the Site. Morton was required to remove waste material from 
the Site. In 1994, Morton completed the removal action and collected 
post removal data.
    3. In July 1996, EPA completed a Baseline Risk Assessment to 
evaluate human health risks associated with both current and future 
land use.
    4. On September 27, 1996, EPA issued a Record of Decision (ROD) 
which selected a no further action remedy for the Site and included a 
monitoring program to monitor the groundwater, surface water, and 
sediment to confirm that residual contamination remained below levels 
of concern.
    5. The required monitoring was completed in March 2001. The results 
of March 2001 sampling event are summarized in the Revised Final 
Monitoring Program Report: Notice of Completion for the Hopkins Farm 
Superfund Site, dated August 24, 2001.
    6. EPA consulted with the NJDEP on the deletion of the Site from 
the NPL prior to developing this Direct Final Deletion.
    7. The State of New Jersey, through the NJDEP, concurred with the 
deletion of the Site from the NPL on May 14, 2002.
    8. Concurrently with the publication of this Direct Final Deletion, 
a parallel Notice of Intent to Delete has been published today in the 
Notice section of the Federal Register. Notices are also being 
published in a local newspaper and appropriate notice is being provided 
to federal, state and local government officials, and other interested 
parties.
    9. EPA placed copies of documents supporting the deletion in the 
Site information repositories identified above.
    10. If no significant adverse comments are received, the Site will 
be deleted. If significant adverse comments are received within the 30-
day public comment period on this action, EPA will publish a timely 
notice of withdrawal of this Direct Final Deletion before its effective 
date. EPA will prepare, if appropriate, 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 the Site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of the Site 
from the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such action.

IV. Basis for Site Deletion

Background

    The Hopkins Farm Site is located approximately one-quarter mile 
north of State Highway Routes 528 and 539, on the east side of Route 
539, in Plumsted Township, Ocean County, New Jersey. It is located on 
Block 46, Lot 16 in Plumsted Township and is privately owned. The Site 
property consists of approximately 57 acres of which less

[[Page 43554]]

than one acre was previously used to dispose of waste materials. The 
Site is bordered on the west by Route 539 and on the other sides by 
undeveloped, wooded lots. On the southwest portion of the Site is a 
farm. The area surrounding the Site is rural-residential and 
approximately 1,000 residences are located within a one mile radius of 
the Site.
    The Hopkins Farm Site was allegedly used to dispose of chemical 
wastes from Morton during the late 1950s and early 1960s. 
Investigations of the Site by the Ocean County Health Department, 
Plumsted Township representatives and NJDEP began in 1980 and detected 
groundwater contamination and evidence of waste dumping, such as 
laboratory glassware, rusted pails, chemical materials and household 
wastes were found on the bank of a stream located at the Site. Most of 
the industrial waste consisted of a rubbery, tar-like material that 
covered the bottom of what appears to be a natural depression.
    The Site was placed on the NPL on September 1, 1984. In 1987, the 
NJDEP established a Well Restriction Area to prevent new potable wells 
from withdrawing potential contaminated groundwater.

Selected Remedy

    The RI for the Site was conducted by NJDEP in two phases from 1987 
through 1991. The RI included: A geophysical survey; a soil gas survey; 
waste material investigations; soil, groundwater, surface water, and 
sediment sampling; and, a qualitative health and environmental risk 
assessment.
    Based on the findings of the RI, on August 23, 1991, NJDEP entered 
into an Administrative Consent Order with Morton to conduct a Removal 
Action at the Site to address surficial waste. The Removal Action was 
performed in two phases (Phase I and Phase II) and included the 
excavation and off-site disposal of waste materials, and underlying 
contaminated soils.
    During Phase I of the Removal Action, in July and August 1992, 
841.95 tons (565 cubic yards) of waste materials were excavated and 
transported off-Site for treatment by stabilization and then disposed 
of in a hazardous waste landfill. Post Removal Action sampling 
performed in November 1992 and January 1993 indicated that elevated 
concentrations of a number of compounds were present in the soil. Based 
on the elevated contamination remaining in the soil, a second phase of 
the removal action was performed in June 1994. Phase II removal 
activities resulted in the excavation and off-Site disposal of 599.45 
tons (450 cubic yards) of subsurface soils. Phase II included soil 
excavation down to and within the saturated zone in impacted areas. 
Soil samples taken around the edges of the excavation during the 
Removal Action confirmed that the full extent of lateral contamination 
had been addressed. The Site was then backfilled with clean soil.
    Following the Removal Action, in July 1996, EPA completed human 
health and ecological risk assessments for the Site. The result of the 
human health and ecological risk assessments indicated that the Site, 
as it existed after the Removal Action, did not present significant 
risks to human health or the environment.
    The ROD for the Hopkins Farm Site was issued by EPA, with NJDEP's 
concurrence, on September 27, 1996. In the ROD, EPA determined that no 
further remedial action was necessary at the Site. The removal of 
chemical and industrial waste materials from the Site was successful in 
remediating the principal threats associated with the Site. As part of 
the no further action remedy, a long-term monitoring program was 
required. The long-term monitoring program included the collection of 
groundwater, surface water, and sediment samples. In addition, the ROD 
required Site restoration planting.
    On September 24, 1997, EPA entered into an Administrative Order on 
Consent (the Order) with Morton to implement the monitoring components 
of the selected remedy.
    Between July 1998 and April 1999, Morton (a subsidiary of Rohm & 
Haas) conducted four (4) monitoring events at the Site.
    Based on the results of the four monitoring events, EPA modified 
the monitoring program to require Rohm & Haas to perform one additional 
round of groundwater monitoring. On March 8 and 9, 2001, Rohm & Haas 
collected and analyzed the required groundwater samples. The results of 
March 2001 sampling event are summarized in the August 24, 2001 report 
titled, Revised Final Monitoring Program Report: Notice of Completion 
for the Hopkins Farm Superfund Site.
    After the completion of all monitoring events, EPA determined that 
all groundwater, soil, sediment, and surface water samples met Federal 
and State standards, except for some elevated levels of iron and 
aluminum found in a limited number of groundwater monitoring wells.
    EPA evaluated the potential risk associated with the iron and 
aluminum concentrations in the groundwater at the site. Based on this 
evaluation, EPA concluded that it is unlikely that exposure to iron and 
aluminum levels in the groundwater would result in any adverse health 
effects.
    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with the concurrence of the NJDEP, has determined that all 
appropriate responses under CERCLA have been completed, and that no 
further response actions under CERCLA are necessary and this site is 
suitable for unlimited use with unrestricted exposure. Further, any 
groundwater withdrawals will be subjected to State and Local 
requirements which protect public health in accordance with the Safe 
Drinking Water Act and other State and local requirements. Therefore, 
EPA is deleting the Hopkins Farm Site from the NPL.

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: June 14, 2002.
Jane M. Kenny,
Regional Administrator, U.S. EPA, Region 2.

    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. 9601-9675; 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 New Jersey 
(NJ) by removing the Site entry for ``Hopkins Farm, Plumstead 
Township''.

[FR Doc. 02-16268 Filed 6-27-02; 8:45 am]
BILLING CODE 6560-50-P