[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Proposed Rules]
[Pages 72888-72890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30838]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7393-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Industrial Latex Corp. Superfund 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region II Office 
announces its intent to delete the Industrial Latex Corp. Superfund 
Site from the National Priorities List (NPL) and requests public 
comment on this action. The Industrial Latex site is located in the 
Borough of Wallington, Bergen County, New Jersey. 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 of 1980 (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 Industrial Latex site and no further fund-
financed remedial action is appropriate under CERCLA. In addition, EPA 
and the State of New Jersey have determined that the remedial actions 
taken at the Industrial Latex site protect public health and the 
environment without any further monitoring or restriction.

DATES: The EPA will accept comments concerning its intent to delete on 
or before January 8, 2003.

ADDRESSES: Comments should be mailed to: Stephanie Vaughn, Remedial 
Project Manager, New Jersey Remediation Branch, 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 the Industrial Latex site 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 a.m. to 5 p.m.--Monday through Friday. Contact the Records 
Center at (212) 637-4308.
    Information on the Site is also available for viewing at the 
Information

[[Page 72889]]

Repository located at: John F. Kennedy Memorial Library, 92 Hathaway 
Street, Wallington, New Jersey 07057, (973) 471-1692.

FOR FURTHER INFORMATION CONTACT: Stephanie Vaughn, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
19th Floor, New York, New York 10007-1866, phone: (212) 637-3914; fax: 
(212) 637-4393; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The United States Environmental Protection Agency (EPA) Region II 
announces its intent to delete the Industrial Latex site 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 of 1980 
(CERCLA), as amended. 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).
    The Industrial Latex site (Site) is the property known as 350 Mount 
Pleasant Avenue in Wallington, Bergen County, New Jersey. The 9.67-acre 
site is located in a mixed residential/industrial area. An elementary 
school is located directly across the street. An outdoor recreation 
field forms the southern border of the site and an active railway forms 
the eastern border. Directly across the railroad tracks is the Borough 
of Wood-Ridge, New Jersey. The property is currently vacant.
    At the Site, EPA conducted a Remedial Investigation and Feasibility 
Study (RI/FS), conducted a risk assessment, selected a remedy, and 
implemented the selected remedy in two phases.
    EPA will accept comments concerning its intent to delete for thirty 
(30) days after publication of this document in the Federal Register 
and a newspaper of record.

II. NPL Deletion Criteria

    The NCP establishes the criteria that 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. In 
making this determination, EPA, in consultation with the State, will 
consider whether any of the following criteria has 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 to the environment and, 
therefore, taking of remedial measures is not appropriate.
    EPA will not conduct any further activities at this Site because 
EPA believes that it is suitable for unlimited use and unrestricted 
exposure. If new information becomes available which indicates the need 
for further action, EPA may initiate such actions under Sec.  
300.425(e)(3) of the NCP. 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.

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
Industrial Latex Superfund Site.
    1. EPA conducted an RI/FS to characterize and evaluate site 
contamination, conducted a risk assessment, and, in a Record of 
Decision (ROD) dated September 30, 1992, selected a remedy to address 
contaminated soil, vats, drums, and buildings at the Site. On April 10, 
1996, EPA modified the remedy in an Explanation of Significant 
Differences.
    2. Completion of the remedy was accomplished in two phases. The 
first phase, involving the demolition of the buildings and removal of 
the vats, started in July 1995 and was completed in November 1995. 
Field work for the second phase, addressing the soil and buried drums, 
began in December 1998 and was completed in August 2000.
    3. EPA conducted a ground water investigation and issued a No 
Action ROD for ground water on September 27, 2001. Ground water 
represented the final operable unit at the site.
    4. EPA has recommend the deletion of the Industrial Latex site and 
has prepared the relevant documents.
    5. The State of New Jersey, through the New Jersey Department of 
Environmental Protection, has concurred with the deletion decision in a 
letter dated August 29, 2002.
    6. Concurrent with this national Notice of Intent to Delete, a 
notice has been published in a local newspaper and appropriate notice 
has been distributed to federal, state and local officials, and other 
interested parties. This notice announces a thirty-day public comment 
period on the deletion, which starts on the date of publication of this 
notice in the Federal Register and a newspaper of record.
    7. EPA has placed all relevant site documents in the site 
information repositories identified above.
    8. Upon completion of the thirty (30) day public comment period, 
EPA will evaluate all comments received before issuing the final 
decision on the deletion. EPA will prepare a Responsiveness Summary, if 
appropriate, for comments received during the public comment period 
which will address the concerns raised. 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 deletion 
from the NPL is appropriate, EPA will publish a final notice of 
deletion in the Federal Register. Deletion of the Industrial Latex site 
does not actually occur until the final Notice of Deletion is published 
in the Federal Register.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any person's rights or obligations. Deletion from the NPL does 
not alter EPA's right to take appropriate enforcement actions. The NPL 
is designed primarily for informational purposes and to assist Agency 
management.

IV. Basis for Intended Site Deletion

    The following summary provides EPA's rationale for deletion of the 
Industrial Latex site from the NPL and EPA's finding that the criteria 
in 40 CFR 300.425(e) are satisfied:
    The Industrial Latex Corporation manufactured natural and synthetic 
rubber compounds, and chemical adhesives from 1951 to 1983. The company 
used solvents in the manufacturing process and polychlorinated 
biphenyls (PCBs) as a fire retardant. Poor operational procedures and 
on-site waste dumping resulted in widespread surface and subsurface 
soil contamination. When operations ceased in 1983, about 1,600

[[Page 72890]]

open or leaking drums remained on the property.
    In 1986, EPA removed and disposed of open drums, liquids, and other 
immediate threats. The site was proposed for inclusion on the National 
Priorities List in May 1988 and finalized in March 1989. EPA then 
initiated an RI/FS to determine the nature and extent of contamination 
at the Industrial Latex site, and to develop and evaluate alternatives 
to address the contamination.
    Based on the RI/FS and after receiving public input, EPA issued a 
ROD in September 1992, which outlined the cleanup plan for the site. 
The plan included: (1) Excavation of contaminated soil and on-site 
treatment by low temperature thermal desorption, followed by 
backfilling on the site; (2) excavation and off-site disposal of buried 
drums; (3) dismantling and off-site disposal of vats; and (4) 
demolition and off-site disposal of two buildings on the site.
    On April 10, 1996, EPA issued an Explanation of Significant 
Differences changing or eliminating a number of remediation goals 
specified in the ROD. These changes were based on sampling conducted 
after the ROD was signed. The four remaining site-related contaminants 
of concern at the Industrial Latex site were PCBs, bis(2-
ethylhexyl)phthalate, 3,3'-dichlorobenzidine, and arsenic.
    Because the results of the ground water investigation were 
inconclusive, the 1992 ROD called for a subsequent investigation. This 
investigation was completed in August 2001 and a ROD was signed on 
September 27, 2001. The ROD selected a no action remedy for ground 
water at the site. No action was needed because the ground water at the 
site poses no unacceptable risk to human health or the environment.
    The cleanup of the site was accomplished in two phases. The first 
phase, involving the demolition of the buildings and removal of the 
vats, started in July 1995 and was completed in November 1995. Field 
work for the second phase, addressing the soil and buried drums, began 
in December 1998 and was completed in August 2000.
    During the soil remediation, approximately 53,600 cubic yards of 
material were excavated, treated on-site via low temperature thermal 
desorption, and then backfilled on the site.
    The site has been cleaned up to an unrestricted, residential use 
standard. All activities at the Industrial Latex site are complete and 
the site poses no unacceptable risk to human health or the environment. 
Therefore, no operation and maintenance activities or institutional 
controls are required at the site. A five-year review of the remedy is 
also not required.
    Public participation activities for the Industrial Latex site 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 RI/FS, the RODs and the ESD were 
subject to a public review process. All other documents and information 
which EPA relied on or considered in recommending that no further 
activities are necessary at the Industrial Latex site, and that the 
site can be deleted from the NPL, are available for the public to 
review at the information repositories.
    One of the three criteria for site deletion specifies that EPA may 
delete a site from the NPL if ``all appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate.'' 40 CFR 300.425(e)(1)(ii). EPA, 
with the concurrence of the State of New Jersey, through the New Jersey 
Department of Environmental Protection, believes that this criterion 
for deletion has been met. Subsequently, EPA is proposing deletion of 
this site from the NPL.
    In a letter dated August 29, 2002, the New Jersey Department of 
Environmental Protection concurred with EPA.

List of Subjects in 40 CFR Part 300

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

    Dated: September 17, 2002.
Jane M. Kenny,
Regional Administrator--Region II.
[FR Doc. 02-30838 Filed 12-6-02; 8:45 am]
BILLING CODE 6560-50-P