[Federal Register Volume 70, Number 129 (Thursday, July 7, 2005)]
[Rules and Regulations]
[Pages 39180-39182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13346]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7934-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Deletion of the Jones Sanitation Superfund Site 
from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces 
the deletion of the Jones Sanitation Superfund Site (Site), located in 
Hyde Park, New York, from the National Priorities List (NPL) and will 
consider 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 York, through the Department of 
Environmental Conservation (NYSDEC). EPA and NYSDEC have determined 
that potentially responsible parties have implemented all appropriate 
response actions required. Moreover, EPA and NYSDEC have determined 
that the Site poses no significant threat to public health or the 
environment.

DATES: This direct final deletion will be effective September 6, 2005 
unless EPA receives significant adverse comments by August 8, 2005. If 
significant adverse comments are received, EPA will publish a timely 
withdrawal of this direct final deletion in the Federal Register, 
informing the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Isabel Rodrigues, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, 
New York, New York 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, 290 Broadway, Room 1828, New York, New York 10007-1866, (212) 
637-4308, Hours: 9 a.m. to 5 p.m., Monday through Friday; By 
Appointment
     and,
Hyde Park Free Public Library, 2 Main Street, Hyde Park, NY 12538, 
Hours: 9 a.m. to 8 p.m., Monday and Tuesday, 12 to 8 p.m., Wednesday 
and Thursday, 9 a.m. to 2 p.m., Saturday; By Appointment.

FOR FURTHER INFORMATION CONTACT: Ms. Isabel Rodrigues, Remedial Project 
Manager, U.S. EPA Region 2, 290 Broadway, 20th Floor, New York, New 
York 10007-1866, (212) 637-4248; Fax Number (212) 637-4284; Email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 2 announces the deletion of the Jones Sanitation 
Superfund Site from the NPL. The EPA maintains the NPL as the list of 
those sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL can have remedial actions 
financed by the Hazardous Substances Superfund Response Trust Fund.
    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 September 6, 2005 
unless EPA receives significant adverse comments by August 8, 2005 on 
this action or the parallel Notice of Intent to Delete published in the 
Notice section of today's Federal Register. If significant adverse 
comments are received within the 30-day public comment period, EPA 
Region 2 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 of 
Intent to Delete and the comments already received. There will be no 
additional opportunity to comment.
    Section II explains the criteria for deleting sites from the NPL. 
Section III discusses procedures that EPA is using for this action. 
Section IV discusses the Jones Sanitation 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;

[[Page 39181]]

    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further 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, 
implementing remedial measures is not appropriate.
    EPA proposes to delete this Site because potentially responsible 
parties have implemented all appropriate response actions. If new 
information becomes available which indicates a need for further 
action, EPA may initiate such actions based upon Section 300.425(e)(3) 
of the NCP. Pursuant to 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.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site:
    (1) The Site was listed on the NPL in July 1987.
    (2) In March 1991, Theodore Losee and Alfa-Laval, Inc., signed an 
Administrative Order on Consent with EPA in which they agreed to 
perform the Remedial Investigation/Feasibility Study (RI/FS) for the 
Site.
    (3) The RI Report was completed in 1995, the FS Report in July 
1996.
    (4) On March 31, 1997, EPA issued a Record of Decision which 
selected a remedy for the Site which included engineered and 
institutional controls.
    (5) On December 6, 2001, EPA determined that the engineered 
controls had been constructed.
    (6) In September of 2004, institutional controls were recorded with 
the Dutchess County Register of Deeds.
    (7) The EPA consulted with the NYSDEC on the deletion of this Site 
and NYSDEC concurred with the deletion of the Site from the NPL on 
March 1, 2005.
    (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 local newspapers and appropriate notice is being 
provided to federal, state, and local government officials and other 
interested parties.
    (9) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    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 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 a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take appropriate 
enforcement actions. The NPL is the list of uncontrolled hazardous 
substances releases in the United States that are priorities for long-
term remedial evaluation and response.

IV. Basis For Site Deletion

    The following summary provides a brief description and history of 
the Jones Sanitation Superfund Site and provides the Agency's rationale 
for recommending deletion of the Site from the NPL.
    The Jones Sanitation Site consists of a 57-acre parcel of land 
located approximately one-half mile northeast of the intersection of 
Crum Elbow Road and Cardinal Road in Hyde Park, New York. The Maritje 
Kill flows from the northeast to the southeast across the eastern side 
of the Site. Another unnamed stream enters the northern side of the 
Site, flows into wetlands on the northwestern side of the property, and 
flows off-site to the west. Freshwater wetlands surround the northern, 
southern, and western portions of the Site.
    The majority of the property is heavily wooded, but a large cleared 
area exists in the western-central portion of the Site and extends to 
the northeast. The Site is zoned residential but the prior commercial 
use had been grandfathered.
    For 30 years, septage wastes were treated and disposed at the Site 
from homes, businesses, institutions, and industrial facilities. For 
approximately 17 years, industrial wastewater was treated and disposed 
at the Site. Beginning in 1970, NYSDEC and Dutchess County Health 
Department conducted several investigations of the Site including 
sampling of on-site soils, groundwater, surface water, and stream 
sediments. Some off-site private and public wells were also sampled. 
Volatile organic compounds (VOCs), semi-volatile organic compounds, 
polynuclear aromatic hydrocarbon compounds, polychlorinated biphenols 
and metals were detected at varying concentrations in site media. Based 
on the results of these investigations, the Site was placed on the NPL 
in July 1987. At that time, EPA became the lead agency for the Site 
with support from the NYSDEC.
    In March 1991, Theodore Losee and Alfa-Laval, Inc., signed an 
Administrative Order on Consent with EPA in which they agreed to 
perform the Remedial Investigation/Feasibility Study (RI/FS) for the 
Site. The RI Report was completed in 1995 and the FS Report in July 
1996.
    On March 31,1997, EPA issued a Record of Decision (ROD) which 
selected the following remedy: excavation of contaminated soils in 
outlying areas and placement of these soils in a central disposal area; 
construction of a cap over the central disposal area; implementation of 
a groundwater monitoring program; and implementation of institutional 
controls.
    In September 1997, Theodore Losee and Alfa Laval, Inc. signed a 
Consent Decree with the United States in which they agreed to perform 
the remedy outlined in the ROD. The Consent Decree was entered by the 
Court on February 4, 1998.
    The Final Design Report, which EPA approved in July 2000, 
established the design criteria and schedule for the remediation 
including the requirements for long-term groundwater monitoring once 
construction activities were completed.
    Construction activities at the Site started in June 2001. The 
Remedial Action activities included: the excavation of soils in several 
trenches and the backfill of these areas with clean fill/topsoil and 
restoration of these areas; consolidation of soils from the trenches 
into the central disposal area; and construction of a NYCRR Part 360 
cap in the central disposal area. The constructed cap is approximately 
4.6 acres. The analytical results from post-excavation soils samples 
collected from the excavated areas indicated that the remaining soils 
in excavated areas met the cleanup levels required by the ROD. This 
work was conducted from June thru October 29, 2001. Seeding of the cap 
area was completed in November 2001.
    The total amount of contaminated waste material excavated and 
placed under the cap was 13,864 cubic yards (CY). The total volume of 
contaminated waste material was significantly greater than the volume 
estimated in the ROD, which was 6,550 CY. This was mainly due to a 
greater than expected volume of contamination encountered during 
excavation.
    On October 12, 2001, EPA and the State conducted a final 
inspection. The inspection found that the work was

[[Page 39182]]

completed in accordance with the ROD and the Consent Decree including 
the construction of the cap and installation of the fence. Information 
on the site construction is contained in the Remedial Action Report 
dated September 2002.
    The long-term groundwater monitoring program began once the 
construction of the cap was completed. The groundwater monitoring 
program includes 15 on-site monitoring wells completed both in shallow 
and deeper portions of the on-site aquifer. In addition, ten off-site 
residential drinking water supply wells in the immediate vicinity of 
the site were included in the program.
    The continuing operation and maintenance (O&M) activities at the 
site are being performed by Lawler Matusky & Skelly Consultants Inc. 
under contract to Alfa-Laval. EPA and NYSDEC approved an O&M Plan for 
the site entitled ``Long-Term Monitoring and O&M Plan'' dated January 
2002. O&M activities include: groundwater monitoring of ten nearby 
residential supply wells and 15 on-site monitoring wells as well as gas 
monitoring and routine inspections to insure that the capped area is 
functioning as designed.
    Groundwater samples are analyzed by a New York State Department of 
Health approved laboratory and all of the data are reviewed by an 
independent data validation service. The ten residential wells that are 
in the long-term monitoring program were selected for inclusion in the 
sampling program based on anticipated groundwater flow directions, 
proximity to the site, and from which aquifer the well was drawing 
water. The groundwater results for the residential wells indicate that 
the site does not impact the quality of off-site groundwater in either 
the shallow overburden or deeper bedrock aquifer found in the vicinity 
of the site.
    The objectives of the monitoring of the on-site monitoring wells 
are to evaluate and track groundwater flow patterns and chemistry and 
observe the natural attenuation of groundwater contamination.
    On-site groundwater was found to be only minimally impacted by past 
site activities. Comparing the results to the applicable NYSDEC Class 
GA groundwater standards, only a few VOCs were detected above the 
standards during the past rounds of sampling. A total of ten individual 
metals were found above applicable standards. Of these, seven are 
believed to be site-related contaminants: arsenic, copper, antimony, 
thallium, chromium, nickel and lead. The concentrations of iron, 
manganese, and sodium which are above standards appear to be due to 
naturally elevated levels of these constituents in the bedrock aquifer.
    Institutional controls consisting of an easement and deed 
restriction limiting access to the Site and preventing use of 
contaminated water as a drinking water source were filed with the 
Dutchess County Register of Deeds in September of 2004.
    Public participation activities for this Site have been satisfied 
as required by CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA 
Section 117,42 U.S.C. 9617. The RI/FS and the ROD were subject to a 
public review process. All documents and information which EPA relied 
on or considered in reaching the conclusion that this site can be 
deleted from the NPL are available for the public to review at the 
information repositories.
    The remedy implemented at this site results in contaminants 
remaining at the site above levels that allow for unlimited use and 
unrestricted exposure. In accordance with CERCLA Section 121(c), EPA 
and/or NYSDEC will conduct a review of this remedy no less often than 
every five years. The first Five-Year Review is expected to be 
completed before June 2006 which is five years from the start of the 
on-site construction.
    One of the three criteria for Site deletion specifies that a site 
may be deleted from the NPL if ``responsible parties or other parties 
have implemented all appropriate response actions required''. 40 CFR 
300.425(e)(1) (ii). EPA, with concurrence of the State of New York, 
through the NYSDEC, believes that this criteria for deletion has been 
met and therefore, EPA is deleting this 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 6, 2005.
George Pavlou,
Acting Regional Administrator, U.S. EPA Region II.

0
For the reasons set out in the preamble Part 300 Title 40 of Chapter I 
of the Code of Federal Regulations is amended as follows:

PART 300--[AMENDED]

0
The authority citation for Part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; 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]

0
2. Table 1 of Appendix B to Part 300 is amended under New York (NY) by 
removing the site name ``Jones Sanitation'' and the corresponding city 
designation ``Hyde Park''
[FR Doc. 05-13346 Filed 7-6-05; 8:45 am]
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