[Federal Register Volume 68, Number 87 (Tuesday, May 6, 2003)]
[Proposed Rules]
[Pages 23939-23941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10891]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7486-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Pepe Field Superfund Site (Site) 
from the National Priorities List; request for comments.

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SUMMARY: The EPA Region II Office announces its intent to delete the 
Pepe Field Superfund Site, located in Boonton, New Jersey from the 
National Priorities List (NPL) and requests public comment on this 
proposed action. The NPL constitutes appendix B of 40 CFR part 300 
which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 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 
have determined that no further fund-financed remedial actions are 
appropriate at this Site and actions taken to date are protective of 
public health, welfare, and the environment.

DATES: Comments concerning this Site may be submitted on or before June 
5, 2003.

ADDRESSEES: Comments may be mailed to: Romona Pezzella, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region II, 290 Broadway, 19th Floor, 
New York, NY 10007-1866, [email protected].
    Comprehensive information on this Site is available through the EPA 
Region II public docket, which is located at EPA's Region II Office in 
New York City, and is available for viewing, by appointment only, from 
9 a.m. to 5 p.m., Monday through Friday, excluding holidays. Requests 
for appointments should be directed to: Romona Pezzella, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region II, 290 
Broadway, 19th Floor, New York, NY 10007-1866, (212) 637-4385, 
[email protected].
    Background information from the Regional public docket is also 
available for viewing at the Site's information repositories located 
at: Boonton Holmes Public Library, 621 Main Street, Boonton, New Jersey 
07005, Phone: 973-334-2980.

FOR FURTHER INFORMATION CONTACT: Romona Pezzella, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
19th Floor, New York, NY 10007, Phone: (212) 637-4385, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region II announces its 
intent to delete the Pepe Field Superfund Site,

[[Page 23940]]

located west of County Rt. 511 (Boonton Avenue) between Wootton Street 
and Hillside Avenue, in the Town of Boonton, Morris County, New Jersey, 
from the National Priorities List (NPL) and requests public comment on 
this action. The NPL constitutes appendix B of the National Oil and 
Hazardous Substances Contingency Plan (NCP), 40 CFR part 300, which EPA 
promulgated pursuant to section 105 of Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA), as amended. The EPA 
identifies sites that appear to present a significant risk to public 
health, welfare, or the environment and maintains the NPL as the list 
of those sites. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substances Superfund Response Trust Fund 
(Fund). Pursuant to Sec.  300.425(e)(3) of the NCP, any site deleted 
from the NPL remains eligible for Fund-financed remedial actions if 
conditions at the site warrant such action.
    The EPA will accept comments concerning the Pepe Field Site for 
thirty days after publication of this document in the Federal Register.
    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 how the Pepe Field Superfund Site 
meets the deletion criteria.

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)(l)(i)-(iii), 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 have been met:
    (i) EPA has determined that responsible or other parties have 
implemented all appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented and EPA has determined that no further cleanup by 
responsible parties is appropriate; or
    (iii) Based on a remedial investigation, EPA has determined 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 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 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 intended deletion of 
this Site:
    (1) EPA signed an Explanation of Significant Differences (ESD) on 
July 26, 1997 which modified the remedy for the Site selected on 
September 29, 1989.
    (2) EPA funded the design and construction of a comprehensive 
remedy for the Site.
    (3) EPA completed the cleanup at the Site. The work included the 
stabilization, excavation and off-site disposal of waste material in 
accordance with the ESD. In addition, restoration of the field 
including the construction of a playground, basketball court, little 
league field, gazebo, and concession stand, as well as restoration of 
residential properties, has also been completed. As a result, no 
further remedial action is necessary at the Pepe Field Superfund Site 
to ensure protection of human health and the environment;
    (4) The State of New Jersey concurred with the proposed deletion 
decision;
    (5) A notice has been published in the local newspaper and has been 
distributed to appropriate federal, state and local officials and other 
interested parties announcing the commencement of a 30 day public 
comment period for EPA's Notice of Intent to Delete; and
    (6) All relevant documents have been made available for public 
review in the local Site information repositories.
    For deletion of this Site, EPA's Region II office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary, which will address any significant 
public comments received during the public comment period.
    The deletion occurs when the EPA Regional Administrator places a 
final notice in the Federal Register. Generally, the NPL will reflect 
any deletions in the final update following the Notice. Public notices 
and copies of the Responsiveness Summary will be made available to 
local officials by the Region II Office.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL and the Agency's finding that 
the criteria in 40 CFR 300.425(e) are satisfied:

A. Site History

    The Pepe Field Site is located in the Town of Boonton, Morris 
County, New Jersey. It is situated in a residential area and 
encompasses approximately three acres. The Site was formerly used for 
the disposal of wastes generated from the processing of vegetable oils 
and soap products. Prior to EPA involvement at the Site, facilities at 
Pepe Field included a tennis court, a baseball field, a playground and 
a refreshment stand. The Town of Boonton had installed a soil cover, 
surface runoff controls, and a leachate collection and treatment system 
to reduce odors generated by the decaying waste.

B. Selected Remedy

    Based on the RI/FS, EPA selected a containment-based remedy in a 
Record of Decision (ROD), signed on September 29, 1989, which included 
the following major elements:

--Installation and maintenance of a landfill gas collection and 
treatment system for methane gas
--Improvement and maintenance of the leachate collection and treatment 
system
--Maintenance of the Site cover
--Groundwater quality monitoring
--Deed restrictions to prevent waste disruption.

    On August 26, 1991, NJDEP requested that EPA assume the lead role 
for the remedial design and construction of the project.
    As part of the design, which was conducted by Roy F. Weston, Inc. 
under the oversight of EPA and the Army Corps of Engineers (COE), 
additional field investigations were undertaken. Based on the results 
of the field investigations, EPA determined that the containment remedy 
would have to be modified to achieve the goals set forth in the ROD. 
These modifications, when incorporated into the design, significantly 
increased the scope and cost of the containment remedy.
    In view of the results of the design investigations, EPA 
reconsidered the excavation and off-site disposal alternative. The cost 
of this alternative was estimated to be $10 million. By comparison, the 
estimated cost of the revised containment remedy was estimated to be 
$8.4 million.
    Based on the above reevaluation, on July 25, 1997, EPA formally 
changed the remedy from containment to excavation and off-site disposal 
in an Explanation of Significant Differences (ESD). Although 
groundwater monitoring was required in the ROD because waste would have 
remained on-site, it was eliminated in the ESD.

[[Page 23941]]

    Likewise, the need to establish deed restrictions was also 
eliminated with the new waste removal remedy.

C. Cleanup of the Site

    The details of the remediation activities at the Site, which were 
performed in two phases by Radian International under COE and EPA 
oversight, are provided in the Remedial Action Report dated June 5, 
2002. The first remediation phase was conducted from July through 
September of 1998, and included the following major activities:

--Mobilization, including installation of fencing and establishing Site 
security.
--Purchase and installation of an extensive air monitoring network to 
instantaneously measure and report the level of hydrogen sulfide 
(H2S) at the perimeter of the Site.
--Removal of above-ground items on the field including the baseball 
benches and backstop, and the basketball backboards.
--Inventory of structures and vegetation on properties adjacent to the 
field from which waste was to be removed.
--Performance of tests with different stabilizing agents (cement, 
cement kiln dust and hydrated lime) to demonstrate the effectiveness of 
the technology.

    The second and final phase of the cleanup of the Site began in 
October 1998, and included the following:

--Installation of test pits and borings to determine the limits of the 
waste material.
--Installation of a fence around the waste area including the off-site 
properties.
--Demolition and removal of the remaining above-ground features 
including the tennis court and retaining walls.
--Stabilization and excavation of approximately 60,000 cubic yards of 
waste material. The waste material was stabilized using cement kiln 
dust to reduce the emission of H2S so that it could be 
safely excavated and transported off-site for disposal.
--Backfilling of the waste area with clean soil and topsoil.
--Restoration of the Site including design and construction of the park 
recreational facility.

    Stabilization of the waste material began on December 22, 1998 and 
it was completed in August 1999. Waste removal from Pepe Field and 
eight adjacent properties began in March 1999 and was completed in late 
October 1999. Approximately 85,000 tons of waste material were shipped 
off-site for disposal.
    During the cleanup work, waste was found under two adjacent homes 
on Hillside Avenue. As a result, it was necessary to demolish these 
homes in order to complete the remediation. Real estate agreements were 
negotiated with the two affected residents, and in July 2000, 
excavation of the waste began on the private properties. This waste 
removal action was completed on August 2, 2000. Backfilling of these 
properties was also completed in August 2000.
    All remedial and restoration activities at the Site required by the 
ROD and ESD have been completed. In the Fall of 2000, the park was 
reopened for use by the public. The Site was cleaned up to an 
unrestricted, residential use standard.
    The remediation work and all associated testing was done in 
accordance with quality assurance and quality control (QA/QC) 
protocols. Construction activities at the Site were determined to be 
consistent with the ESD and the remedial design plans and 
specifications.
    Radian International adhered to the approved Contractor Quality 
Control Plan (CQCP). The Quality Assurance Project Plan (QAPP) 
incorporated all COE and EPA requirements. All testing and inspections 
were done in accordance with the construction drawings, technical 
specifications and QAPP. Construction quality assurance was performed 
by the COE. The EPA Remedial Project Manager (RPM) visited the Site 
weekly during construction activities to review construction progress 
and evaluate and review the results of QA/QC activities.
    All procedures and protocol followed for soil, water, air and 
biological sample analysis during the cleanup are well documented. EPA 
and the COE determined that analytical results are accurate to the 
degree needed to assure satisfactory execution of the remediation work.

D. Operation and Maintenance

    All remedial activities at the Pepe Field Site are complete and the 
Site poses no unacceptable risk to human health or the environment. 
Therefore, no operation and maintenance activities are required at the 
Site.

E. Five Year Review

    The remedial activities at the Pepe Field Site removed all the 
waste material, and have left the Site suitable for unlimited use and 
unrestricted exposure. In addition, no institutional controls are 
required. A five-year review of the remedy is not required, pursuant to 
CERCLA section 121(c).

F. Community Involvement

    Public participation activities for the Pepe Field 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 ROD, ESD, as well as other 
documents and information which EPA relied on or considered in 
recommending that no further action is necessary at the Pepe Field 
Site, and that the property should be deleted from the NPL, are 
available for the public to review at the information repositories.

G. Site Meets Deletion Criteria

    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if all appropriate Fund-financed responses 
under CERCLA have been implemented, and EPA, in consultation with the 
State, has determined that no further cleanup 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 (NJDEP), believes 
that this criterion for deletion has been met.
    Consequently, EPA is proposing deletion of this Site from the NPL. 
Documents supporting this action are available at the information 
repositories in the deletion docket.
    In a letter dated September 18, 2002, the NJDEP concurred with EPA 
that all appropriate CERCLA response actions have been completed at the 
Pepe Field Site and protection of human health and the environment has 
been achieved.

    Dated: February 6, 2003.
Kathleen Callahan,
Acting Regional Administrator, Region II.
[FR Doc. 03-10891 Filed 5-5-03; 8:45 am]
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