[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43781-43785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15044]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7945-9]


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

AGENCY: Environmental Protection Agency.

[[Page 43782]]


ACTION: Direct final deletion of the North Sea Municipal Landfill 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces 
the deletion of the North Sea Municipal Landfill Superfund Site (Site), 
located in Southampton, New York, from the National Priorities List 
(NPL) and requests public comment on this action. While the Site is 
located in Southampton, New York, it is erroneously listed on the NPL 
as being located in the City/County of North Sea. 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 New York State Department of Environmental 
Conservation (NYSDEC). EPA and NYSDEC have determined that responsible 
parties or other persons have implemented all appropriate response 
actions required to public health or the environment.

DATES: This direct final deletion will be effective September 27, 2005 
unless EPA receives significant adverse comments by August 29, 2005. 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: Written comments should be mailed to: Caroline Kwan, 
Remedial Project Manager, Emergency and Remedial Response Division, 
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 20th 
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, 290 Broadway, Superfund Record Center, Room 1828, New York, NY 
10007-1866. Hours: Monday to Friday from 9 a.m. to 5 p.m., Telephone 
No. (212) 637-4308, Southampton College, Reference Department, 239 
Montauk Highway, Southampton, New York 11968-4100, Hours: Monday to 
Friday till August 12, 2005 from 9 a.m. to 6 p.m., Closed from August 
13 till September 5, reopening on September 6, Monday to Thursday from 
10 a.m. to 9 p.m., Saturday: 12 p.m. to 5 p.m., Telephone No. 631-287-
8379, The Rogers Memorial Library (Reference Department), 91 Coopers 
Farms Road, Southampton, New York 11968-4002, Hours: Monday to Thursday 
from 10 a.m. to 9 p.m., Friday: 10 a.m. to 7 p.m., Saturday: 10 a.m. to 
5 p.m. , Sunday: 1 p.m. to 5 p.m., Telephone No. (632) 283-0774.

FOR FURTHER INFORMATION CONTACT: Ms. Caroline Kwan, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region 2, 290 Broadway, 20th floor, New York, NY 
10007-1866, (212) 637-4275; 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
V. Deletion Action

I. Introduction

    EPA Region 2 announces the deletion of the North Sea Municipal 
Landfill Superfund Site (Site) from the National Priorities List (NPL). 
The 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 
Substance Superfund. As described in Sec.  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 September 27, 2005 
unless EPA receives significant adverse comments by August 29, 2005 on 
this action or on 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 of this 
action or the Notice of Intent to Delete, 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. In such a case, 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 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 accordance 
with Sec.  300.425(e)(1), EPA shall consult with the State to determine 
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 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.
    In addition, the State shall concur with the deletion, as required 
by Sec.  300.425(e)(2), and the public shall be informed, as required 
by Sec.  300.425(e)(4). A site which is deleted from the NPL does 
remain eligible for remedial actions should future conditions warrant 
such action, as set forth in Sec.  300.425(e)(3). Even if a site is 
deleted from the NPL, where hazardous substances, pollutants, or 
contaminants remain at the deleted site above levels that allow for 
unlimited use and unrestricted exposure, CERCLA section 121(c), 42 
U.S.C. 9621(c) requires that a subsequent review of the site be 
conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. Whenever there is a significant release from 
a site deleted from the NPL, the deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site.
    (1) The Site was listed on the NPL in June 1986. The North Sea 
Municipal Landfill Property (Landfill Property) includes several former 
disposal areas, including landfill cells and former septic sludge 
lagoons. The Superfund Site is composed of what was identified as Cell 
No.1, the decommissioned septic sludge lagoons, groundwater in the

[[Page 43783]]

vicinity of the Landfill Property, and the nearby Fish Cove. The other 
two cells, Cells No. 2 and 3, are closed and monitored by the New York 
State Department of Environmental Conservation (NYSDEC), and they are 
not included within the NPL Site.
    (2) On March 31, 1987, The Town of Southampton (Town) entered into 
Administrative Consent Order pursuant to CERCLA with EPA. The Order 
required the Town to conduct a Remedial Investigation and Feasibility 
Study (RI/FS).
    (3) On September 29, 1989 , EPA issued a Record of Decision for 
Operable Unit One (OU 1 ROD) selecting landfill closure for Cell No. 1 
and confirmatory sampling of the decommissioned septic sludge lagoons.
    (4) EPA and the Town entered into a Consent Decree in February 1991 
regarding the implementation of the remedy selected in the OU 1 ROD.
    (5) On September 28, 1992, EPA issued a second Record of Decision 
at the Site, for Operable Unit 2 (OU 2 ROD), which set forth that no 
further action was required concerning groundwater emanating from the 
Landfill Property and extending to Fish Cove.
    (6) Construction was completed in September 1994 for the OU 1 
source control remedy.
    (7) A Preliminary Close Out Report documenting the completion of 
the implementation of the remedy selected in the OU 1 ROD was issued by 
EPA on September 21, 1994.
    (8) The deed, access, and well restrictions required to prevent 
exposure to Site contaminants are in place. The Town, the owner of the 
Landfill Property, has placed deed restrictions on the future use of 
the Landfill Property in the property's deed. Fencing to restrict 
access was determined to be unnecessary because of a natural border of 
woodlands around the Landfill Property, but a fence was installed at 
the perimeter of the Cell No. 1 recharge basin. Lastly, Suffolk County 
Department of Health helps enforce the ban on private wells in the 
vicinity of the Landfill Property groundwater plume through 
implementing its Private Water Systems standards. All existing homes 
have been connected to the public water service. All new construction 
requires a permit from the Health Department to install a well. Such 
permit will not be issued as this would be in violation of the ban.
    (9) The First Five-Year Review for the Site was completed by EPA on 
September 1998, in which EPA concluded that human health and the 
environment are being protected by the remedial action implemented at 
the Site.
    (10) A Second Five-Year Review was completed on September 30, 2003, 
in which EPA again concluded that human health and the environment are 
being protected by the remedial action implemented at the Site.
    (11) The Town has been conducting quarterly groundwater monitoring 
since December 1998. Monthly gas monitoring has been performed since 
January 2002.
    (12) Benthic survey investigations were conducted in September 2001 
and July 2004 by the Town.
    (13) Routine operation and maintenance of the Cell No. 1 capping 
system is being performed by the Town.
    (14) EPA consulted with the NYSDEC on the deletion of this Site 
from the NPL, and NYSDEC has concurred with the deletion.
    (14) If no significant adverse comments are received related to 
this Direct Final Notice of Deletion, the Site will be deleted. If 
significant adverse comments are received within the 30-day public 
comment period established for this Direct Final Action or the Notice 
of Intent to Delete published in today's Federal Register, 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.
    (15) EPA has placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    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 enforcement 
actions, as appropriate. The NPL is the list of uncontrolled hazardous 
substance 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 of the Site and 
the actions taken that provide the basis for recommending deletion of 
the Site from the NPL.
    The 131-acre Landfill Property is located, is owned by the Town. 
Starting in 1963, the Landfill Property was used for the disposal of 
municipal solid waste, refuse, and septic system waste. The Town 
accepted waste from residential, industrial, and commercial sources. 
Significant features of the Landfill Property include Cell No. 1, Cell 
No. 2, Cell No. 3 and the septic sludge lagoons. All three landfill 
cells were capped and closed in accordance with New York State landfill 
closure regulations in place at the time. The septic lagoons, located 
at the south end of the property, were excavated and refilled to grade 
with sandy loam in 1986. The Site as addressed under the Federal 
Superfund Program consists of Cell No. 1, the decommissioned septic 
sludge lagoons, groundwater in the vicinity of the Landfill Property, 
and the nearby Fish Cove. Cells No. 2 and 3 are closed and monitored by 
NYSDEC, and they are not part of the NPL Site.
    The Site is located in the Township of Southampton, even though it 
is erroneously listed on the NPL as being located in North Sea. The 
property is at the intersection of Majors Path and Old Fish Cove Road. 
The nearest surface water is Fish Cove, which is located approximately 
1500 feet northwest of the Landfill Property. Groundwater in this area 
ultimately discharges to Fish Cove, which is an arm of Little Peconic 
Bay. The area between Fish Cove and the Landfill Property is moderately 
populated.
    In the late 1960's, a series of 14 scavenger lagoons, approximately 
50 feet long, 10 feet deep, 25 feet wide and 50 feet above the water 
table were constructed at the southern portion of the Landfill 
Property. These septic sludge lagoons accepted septic system wastes 
from both commercial and residential sources. Sludge was allowed to 
drain and dry, and it was subsequently disposed of in Cell No. 1. It is 
estimated that 11 million gallons of septic wastes were disposed in 
these lagoons. The lagoons were decommissioned in 1985 and most of 
their solid and liquid content were removed. After this removal, an 
additional two feet of soil was excavated. The septic sludge lagoons 
were refilled to grade with sandy loam.
    A groundwater monitoring program, initiated by the Town in 1979, 
revealed a plume of contamination migrating from Cell No. 1 to Fish 
Cove. The plume contained lead, manganese and cadmium. A second plume 
was discovered originating from the septic sludge lagoons. The presence 
of nitrate/nitrite in this plume indicated the presence of septic 
wastes. In addition to the typical landfill leachate parameters and 
heavy metals noted, organics (i.e., dichloroethane, tetrachloroethene 
and trichloroethene) were also detected in the groundwater at the Site.
    Most of the homes near the Landfill Property had obtained their 
drinking water from wells in the highly permeable Upper Glacial 
aquifer. The detection of contaminated groundwater

[[Page 43784]]

migrating northwest from the Landfill Property resulted in the closure 
of several private domestic wells. Public water supplies were extended 
to serve residents in the affected areas. Based on the above, Cell No.1 
and the septic sludge lagoons were investigated and placed on the 
Superfund NPL in 1986. As a result of the EPA's initial efforts to 
place the Landfill on the NPL, Cell No. 1 was closed by the Town in 
1985. Cell closure consisted of the following activities; capping the 
top, flat portion of the Cell No. 1 (approximately eight acres in area) 
with a 20 mil poly-vinyl chloride (PVC) membrane to minimize 
infiltration, installation of a silty sand protective layer 
(approximately two feet thick) above the membrane, and placement of a 
topsoil cover to support vegetation. The Town also installed a storm 
water diversion/collection system to improve area drainage. The system, 
installed along the haul road, included manholes (which were utilized 
for inlet collection), interconnecting piping and a recharge basin to 
which all runoff was routed.
    EPA and the Town entered into an Administrative Order on Consent in 
March 1987. Under the Order, the Town agreed to conduct an RI/FS. The 
RI/FS was initiated in August 1987. The OU 1 RI/FS findings indicated 
that leachate constituent concentrations were not decreasing with time. 
In 1985, prior to the listing of the Site on the NPL, a cap had been 
constructed on Cell No. 1 on the plateau area only, but it was not 
adequate to eliminate leachate generation. The OU 1 ROD was signed in 
September 1989 which addressed, among other things, any deficiencies in 
that capping system.
    The OU 1 ROD selected remedy consisted of the following:
    (i) Covering Cell No. 1 with a low permeability cap while 
undertaking action consistent with New York State (Part 360) sanitary 
landfill closure requirements.
    (ii) No action at the former septic sludge lagoons other than 
confirmatory sampling.
    (iii) Installation of a six-foot high chain link fence around the 
Site to restrict access.
    (iv) Deed restrictions on future use of the Landfill Property.
    (v) Long-term operation and maintenance to provide inspection and 
repairs to the Cell No. 1 cap system.
    (vi) Long-term air and water quality monitoring of both the former 
septic sludge lagoons and Cell No. 1.
    EPA negotiated a Consent Decree with the Town in which the Town 
agreed to implement the remedy set forth in the OU 1 ROD. The Consent 
Decree was entered with the United States District Court for the 
Eastern District of New York in August 1990. The capping of Cell No. 1 
utilized the existing 20 mil PVC liner (previously installed in 1985) 
located on the plateau area of the Cell and involved minor regrading 
and capping of the side slopes with a geomembrane. Approximately 0.5 
acres on the east side slope required capping with a concrete revetment 
because the slope grade was steeper than 33 percent. The structural 
regrading of Cell No. 1 included demolition of two concrete drainage 
manholes and regrading of the area to promote overland flow of storm 
water. Because access to the 130-acre Landfill Property is limited as a 
result of wooded area which surrounds it, EPA allowed the perimeter 
fence to be eliminated from the design. Instead, the fence was 
installed only at the perimeter of the recharge basin. EPA and NYSDEC 
approved the final remedial design in September 1992.
    The Town conducted confirmatory sludge and soil sampling of the 
septic sludge lagoons during January 1992. All data collected were 
validated using full Contract Laboratory Program analytical and quality 
assurance/quality control procedures. The sludge/soil sampling results 
confirmed that the ``no action'' alternative for the septic sludge 
lagoon remediation was appropriate. The final report was approved in 
September 1992. EPA and NYSDEC conducted a final inspection on 
September 21, 1994.
    The Town, which is the owner of the Landfill Property, has placed 
deed restrictions on the future use of the Landfill Property in the 
property's deed. Lastly, Suffolk County Department of Health enforces 
the ban on private wells in the vicinity of the Landfill Property 
groundwater plume through implementing its Private Water Systems 
standards. All existing homes have been connected to the public water 
service. All new construction requires a permit from the Health 
Department to install a well. Such permit will not be issued as this 
would be in violation of the ban.
    EPA approved a Post-Closure Monitoring and Maintenance Operations 
(O&M) Manual in December 2001. The O&M Manual provides for a long-term 
monitoring program for the cover system, the drainage system, and the 
groundwater and the gas-monitoring systems. The O&M Manual requires 
quarterly groundwater monitoring at selected wells. Quarterly 
groundwater sampling has been conducted by the Town since December 
1998. EPA issued a Remedial Action report on September 28, 1995. O&M 
monitoring results indicated that the remedial system implementing the 
remedy selected in the OU 1 ROD as designed and constructed was 
performing satisfactorily.
    For OU 2, the Town installed additional groundwater monitoring 
wells and resampled existing wells at the Site. NYSDEC collected 
samples of hard clams from Fish Cove and analyzed them for priority 
pollutant metals. The results indicated that the clams did not present 
a health risks to consumers. Based on the OU 2 risk assessment, EPA 
determined that the groundwater contamination did not pose a threat to 
human health or the environment. In September 1992, EPA selected a ``no 
action'' remedy for OU 2.
    Hazardous substances remain at the Site above levels that would 
allow for unlimited use with unrestricted exposure. Pursuant to Section 
121(c) of CERCLA, EPA reviews site remedies where such hazardous 
substances, pollutants, or contaminants remain no less often than every 
five years after the initiation of a remedy at a site. EPA, Region 2, 
has conducted such Five-Year Reviews of the Site in September 1998 and 
in September 2003. Both Five-Year Reviews led EPA to conclude that 
human health and the environment are being protected by the remedial 
action implemented at the Site. The next Five-Year Review is scheduled 
to be completed before September 2008.
    Public participation activities for this Site have been satisfied 
as required in CERCLA Sec.  113(k) and Section 117. As part of the 
remedy selection process, the public was invited to comment on EPA's 
proposed remedies. All other documents and information which EPA relied 
on or considered in recommending this deletion are available for the 
public to review at the information repositories identified above.
    One of the three criteria for site deletion is when ``responsible 
parties or other persons have implemented all appropriate response 
actions required'' (40 CFR 300.425(e)(1)(I)). EPA, with the concurrence 
of the State of New York through NYSDEC, have determined that all 
required and appropriate response actions have been implemented. 
Therefore, EPA is proposing deletion of this Site from the NPL.

V. Deletion Action

    The EPA with concurrence of the State of New York, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than O&M and 
five-year reviews, are necessary. Therefore, EPA is deleting the Site 
from the NPL. Because EPA considers this action to be

[[Page 43785]]

noncontroversial and routine, EPA is taking it without prior 
publication. This action will be effective September 27, 2005 unless 
EPA receives adverse comments by August 29, 2005. If adverse comments 
are received within the 30-day public comment period, EPA will publish 
a timely withdrawal of this direct final notice of deletion before the 
effective date of the deletion and it will not take effect and, EPA 
will 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.

List of Subjects in 40 CFR Part 300

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

    Dated: July 22, 2005.
George Pavlou,
Acting Regional Administrator, USEPA, Region 2.

0
40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; and E.O. 12580, 52 FR 
2923, 3 CFR 1987 Comp., p. 193.

Appendix B to Part 300 (Amended)

0
2. Table 1 of Appendix B to part 300 is amended under New York (NY) by 
removing the site name ``North Sea Municipal Landfill'' and the 
corresponding City/County designation ``North Sea.''.

[FR Doc. 05-15044 Filed 7-28-05; 8:45 am]
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