[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35377-35380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12450]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8331-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to Delete the Grand Street Mercury Superfund 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, is 
issuing a Notice of Intent to Delete the Grand Street Mercury Superfund 
Site (Site) from the National Priorities List (NPL) and requests public 
comment on this action. The Grand Street Mercury Site is located in the 
city of Hoboken, Hudson County, New Jersey. 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 of 1980 (CERCLA), as amended. EPA and the State of New 
Jersey, through the Department of Environmental Protection (NJDEP), 
have determined that all appropriate remedial actions have been 
completed and no further remedial actions are required.
    In addition, EPA and NJDEP have determined that the cleanup goals 
attained at this Site are protective of public health and the 
environment.

DATES: Comments concerning the deletion of this site from the NPL must 
be received July 30, 2007.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1997-0001, by one of the following methods: http://www.regulations.gov. Follow on-line instructions for submitting 
comments.
    E-mail: [email protected].
    Fax: 212-637-4429.
    Mail: Ms. Farnaz Saghafi, Remedial Project Manager, New Jersey 
Remediation Branch, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 19th Floor, 
New York, New York, 10007-1866.
    Hand delivery: 290 Broadway Street, 18th Floor, New York, New York 
10007-1866. Such deliveries are only accepted during the Docket's 
normal hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1997-0001. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going to http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the

[[Page 35378]]

hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:
U.S. EPA Records Center, 290 Broadway--18th Floor, New York, New York 
10007-1866. Hours: Monday through Friday, 9 a.m. to 5 p.m. Phone: 212-
637-4308.

Hoboken Public Library, 500 Park Avenue, Hoboken, New Jersey 07030. 
Phone: 201-420-2280.

FOR FURTHER INFORMATION CONTACT: Farnaz Saghafi at (212) 637-4408.

SUPPLEMENTARY INFORMATION:

Table of Contents:

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

I. Introduction

    EPA Region 2 announces its intent to delete the Grand Street 
Mercury Superfund Site from the NPL and requests public comment on this 
action. EPA maintains the NPL as the list of sites that 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).
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) days after publication of this document in the Federal 
Register. Section II below explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this action. Section IV discusses how this Site meets NPL 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 NJDEP, will consider whether 
any of the following criteria have been met:
    (i) Responsible parties or other persons 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 of 
hazardous substances poses no significant threat to public health or to 
the environment and, therefore, taking of remedial measures is not 
appropriate.

III. Deletion Procedures

    The following procedures apply to the deletion of this Site:
    (1) EPA issued a Record of Decision (ROD) on September 30, 1997, 
which called for: Relocation of the residents of the former industrial 
building at the Site; gross mercury decontamination and demolition of 
two buildings; excavation and off-site disposal of mercury-contaminated 
soils; sampling and assessment of soils at adjacent properties; 
sampling of groundwater at the Site; and assessment of soil data from 
the adjacent properties and groundwater data to evaluate the need for 
future remedial action. (2) All appropriate responses under CERCLA have 
been implemented as described in a Preliminary Close-Out Report dated 
September 2005. (3) EPA has recorded a notice with the County Clerk's 
office for Hudson County advising future owners of the former facility 
property located at 720-732 Grand Street, Hoboken, New Jersey that the 
environmental data collected at the Site exceed the screening level for 
mercury developed pursuant to EPA's Draft Guidance for Evaluating the 
Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils, such 
that further evaluation and/or engineering controls may be necessary 
when and if structures are erected at the property. (4) The NJDEP 
concurs with the proposed deletion. (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 a 30-
day public comment period on EPA's Notice of Intent to Delete. (6) All 
relevant documents have been made available for public review at the 
local Site information repository and at EPA Region 2.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management of 
Superfund sites. As mentioned in section II of this document, Sec.  
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.
    EPA's Regional Office will accept and evaluate public comments 
before making a final decision on deletion of this Site. If necessary, 
EPA will prepare a Responsiveness Summary to address significant public 
comments received during the public comment period. If after 
consideration of the comments received, EPA decides to proceed with the 
deletion, EPA will place a final Notice of Deletion in the Federal 
Register. Generally, the NPL will reflect deletions in the final update 
following the notice. Public notices and copies of the Responsiveness 
Summary will be made available to local residents by the Regional 
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.

Background

    The Grand Street Mercury Site is located at 720 and 722-732 Grand 
Street, Hoboken, Hudson County, New Jersey. The Site included a former 
industrial building which was converted from 1993 to 1995 into 16 
residential/studio spaces (722-732 Grand Street), a townhouse formerly 
used for various purposes which was also intended for residential 
conversion (720 Grand Street), and an adjacent asphalt-covered parking 
lot. Soils on five residential properties adjacent to the former 
industrial facility with mercury at levels greater than 23 mg/kg were 
also addressed as part of the remedial action.
    Mercury, believed to be associated with the use of vacuum pumps 
containing mercury and the manufacture of mercury vapor lamps and 
mercury-containing switches, was prevalent throughout the buildings, 
which have been demolished as part of the remedial action, and the 
parking lot. Mercury vapor lamps and numerous other types of lamps 
requiring lesser amounts of and/or no mercury in the manufacturing 
process were manufactured at the facility from 1910 to approximately 
1965.

Response Actions

    On January 2, 1996, EPA received a request from NJDEP to conduct an 
emergency removal action under CERCLA, and to assist the Hoboken Health 
Department (HHD) in assessing the extent of mercury contamination at 
720 and 722-732 Grand Street. EPA asked the Agency for Toxic Substances 
and Disease Registry (ATSDR) to evaluate the Site. On January 3, 1996, 
ATSDR issued a Public Health Consultation which concluded that an 
imminent health hazard existed at the Site, and that the residents 
should be dissociated from further exposure to this mercury hazard.
    On January 4, 1996, the HHD, based on advice from the New Jersey 
Department of Health (NJDOH), issued an ``Order of Health Officer'', 
which ordered the residents to vacate the buildings by January 9, 1996. 
All

[[Page 35379]]

occupants had vacated the buildings by 4 p.m. on January 11, 1996.
    On January 4, 1996, EPA authorized a Superfund removal action at 
the Site. The removal action included providing temporary relocation 
for residents of the Grand Street Site, providing for security and 
maintenance of the buildings, continued sampling and screening of the 
buildings as well as the personal possessions of the residents, and 
transportation, treatment, and/or disposal of contaminated materials 
generated during previous remediation efforts. The Site was officially 
added to the NPL on September 25, 1997.
    In February 1997, EPA issued a Unilateral Administrative Order 
(UAO) to Potentially Responsible Parties (PRPs) General Electric 
Company (GE) and John Pascale, ordering them to take over temporary 
relocation, site security, building maintenance, and other activities 
from EPA. EPA subsequently modified the UAO to remove temporary 
relocation activities. GE initiated work at the Site on August 4, 1997.
    In April 1997, EPA completed a Baseline Risk Assessment for the 
Site. A draft Focused Feasibility Study (FFS) that analyzed remedial 
alternatives for the Site was completed in July 1997. EPA issued a ROD 
for the Site on September 30, 1997.
    Since the issuance of the ROD, EPA has acquired the former facility 
property located at 720-732 Grand Street and completed the permanent 
relocation of the residents. EPA issued a second UAO to GE on April 1, 
1998 directing GE to perform the Remedial Design and Remedial Action 
described in the ROD, excluding relocation activities. GE prepared a 
Remedial Design (RD) Report for demolition of the two buildings 
formerly used for manufacturing operations, as well as excavation and 
removal of contaminated soil from the parking lot and from under the 
building slab. The demolition phase of the remedial action began in 
November 2001 and was completed by July 2003.
    In March 2001, EPA approved GE's Supplemental Remedial Design Work 
Plan (SRDWP), concerning the soil sampling at adjacent residential 
properties required by the ROD. In May 2002, GE submitted to EPA the 
Supplemental Investigation Report, which describes the results of the 
SRDWP sampling as well as earlier soil sampling conducted at adjacent 
properties by EPA and GE.

Cleanup Goals

    On April 17, 2003, EPA issued an Explanation of Significant 
Differences (ESD) setting forth its determination that soil in the 
backyards of the five residential properties must be addressed as part 
of the remedial action, requiring the excavation of soil from backyards 
even if only a single sample showed a concentration of mercury greater 
than 23 milligrams per kilogram (mg/kg), rather than using an average 
of all the samples collected at each depth. The basis for this 
determination is explained in the April 17, 2003 ESD.
    By summer 2003, the contaminated industrial building and the 
attached townhouse had been demolished. During the subsequent removal 
of the buildings' basement slabs, EPA's oversight personnel and the 
PRP's consultant observed visible mercury in the underlying soil. 
Sampling showed that the soil was more contaminated than had been 
expected, and the contamination was present at depths below the water 
table.
    The remediation goal for mercury in the surface soils, as described 
in the ROD, is 23 mg/kg and was developed to be protective of public 
health for both ingestion and inhalation exposure pathways for 
residential populations, including children. For subsurface soils, 
which at the Site are considered to be soils below the water table 
(located approximately 4.5 to 5.5 feet below ground surface), it is 
unlikely that residential populations would be exposed under typical, 
or reasonable, scenarios. The populations most likely to come into 
contact with these soils consist of utility workers and construction 
workers. Therefore, EPA determined that a distinct remediation goal for 
subsurface soils was needed to protect those specific populations. A 
remediation goal of 520 mg/kg of mercury was developed by EPA based on 
an assumed two-month duration of construction activity within 
subsurface soils. The addition of a remediation goal for subsurface 
soils was the subject of the second ESD for the Site issued on July 2, 
2004.
    The work necessary to achieve this remediation goal was performed 
in accordance with the approved Soil Removal Work Plan for Former 
Building Footprint, dated September 2003, prepared by GE. The 
activities associated with this work were conducted from September 
through December, 2004. Approximately 2 feet of soil were excavated in 
most areas below the former building footprint, and 6.5 feet were 
removed in three grids in this area. In the parking lot area, 
excavation depth varied from 0.5 to 5 feet depending on levels of 
mercury contamination detected during the investigation phase of the 
work. Post-excavation samples were collected every 30 feet throughout 
the excavation prior to backfilling the areas to ensure that the 
remaining soils met remediation goals.
    An evaluation of the post-excavation sampling data shows that in 
only one grid in the subsurface soils there is an exceedence of the 520 
mg/kg cleanup goal. The outlier data point is within a small grid 
(112.5 square feet in area) which was part of a larger grid (grid 1). 
That section was excavated down to 4.5-5 feet and the post-excavation 
sample was recorded at 676 mg/kg. The soil was further removed down to 
6 feet where the meadow mat layer lies. This is a semi-confining layer 
which should not be punctured. Therefore, no further excavation or 
sampling at this layer was performed. Although the last data point in 
this grid has been recorded at 676 mg/kg, the number is not truly 
representative of what remains in that grid since more soil was removed 
after the sample was taken. Discounting this outlier data point from 
the data, the average mercury concentration in both saturated soils and 
unsaturated soils remaining at the site is 22.71 mg/kg.
    The backfill material was sampled and certified to have no 
unacceptable levels of contamination or radioactivity before use. The 
backfilled soils met the New Jersey cleanup standards for unrestricted 
use. The PRP completed all work associated with this phase of cleanup 
by December 2004.
    The soil removal work plan also included the installation of three 
additional groundwater monitoring wells in the vicinity of the former 
basement slabs. The new wells were sampled, in addition to the seven 
existing monitoring wells, in December 2004 to further evaluate 
groundwater conditions. Results showed that none of the monitoring 
wells contained mercury levels in the groundwater above 2 parts per 
billion (ppb), which is both the federal Maximum Contaminant Level 
(MCL) established pursuant to the federal Safe Drinking Water Act, and 
the New Jersey MCL established pursuant to the New Jersey Safe Drinking 
Water Act, and is the designated cleanup level for the Site.
    During the soil removal activities, two of the groundwater 
monitoring wells located in the former parking lot had to be abandoned 
to enable the complete excavation of contaminated soils. It was 
determined that sufficient groundwater data would be obtained through 
the surrounding wells due to their close proximity. The remaining eight 
wells were sampled in a confirmatory round of groundwater sampling in 
June 2005. Results again showed that none of the of the monitoring 
wells contained mercury levels in the groundwater above 2 ppb, the 
applicable cleanup

[[Page 35380]]

level for the Site. All related monitoring wells were sealed and 
abandoned in accordance with the state of New Jersey's ``General 
Requirements for the Decommissioning of all Wells'', N.J.A.C. 7:9D-3.1 
in October 2006.
    EPA issued a third ESD on September 16, 2005 relating to the 
groundwater at the Site. The ESD describes EPA and NJDEP's 
determination that no remedial action with respect to the groundwater 
is necessary. This is due to the findings of the groundwater sampling 
performed at the Site. Two rounds of groundwater sampling, performed in 
December 2004 and in June 2005 as well as groundwater sampling 
performed in 2000 showed that none of the monitoring wells contained 
mercury levels in the groundwater above 2 parts per billion (ppb), 
which is both the MCL established pursuant to the federal Safe Drinking 
Water Act, and the New Jersey MCL established pursuant to the New 
Jersey Safe Drinking Water Act, and is therefore the designated cleanup 
level for the Site.
    It should be noted that the site-specific mercury clean-up goals 
for soils established by EPA for the former facility property, which 
are protective of public health for both ingestion and inhalation 
exposure pathways, exceed the screening levels found in EPA's Draft 
Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from 
Groundwater and Soils. While this does not indicate that a vapor 
intrusion problem will occur if a building(s) is erected in the future 
at the now vacant property at 720-732 Grand Street, it does indicate 
that further evaluation or engineering controls may be necessary when 
and if structures are erected at the property. To ensure that future 
owners of 720-732 Grand Street are aware of the exceedence of the 
screening levels, EPA has recorded a notice with the County Clerk's 
office for Hudson County advising of this fact. The notice also advises 
of the final cleanup levels of mercury met at the Site.

Operation and Maintenance

    There will be no operation and maintenance plan in place since all 
remedial actions have been completed at the Site.

Five-Year Review

    Upon completion of the remedial activities, hazardous substances do 
not remain on-site above levels that would prevent unlimited use 
without restriction. It is the policy of EPA to conduct five year 
reviews when remedial activities, including monitoring, will continue 
for more than five years. All cleanup goals have been met for this 
Site, and there is no action warranted for the groundwater underlying 
the Site as documented in the September 16, 2005 ESD.
    However, because the property is vacant, EPA cannot rule out the 
possibility that the slight exceedences of screening levels established 
by EPA's Draft Guidance for Evaluating the Vapor Intrusion to Indoor 
Air Pathway from Groundwater and Soils are indicative of the potential 
for vapor intrusion. The Site has been sold and title has been 
transferred to a private entity for redevelopment and reuse. The nature 
of the future use of the Site is unknown at this time and may eliminate 
any potential for vapor intrusion. Therefore, prior to the time that a 
five year review would be conducted (five years after the construction 
completion date of 2005), EPA will evaluate conditions at the Site, and 
if necessary and appropriate, will conduct a five year review.

Community Involvement

    Public participation activities for the Grand Street Mercury 
Superfund 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. EPA 
published a Community Relations Plan in July 1997. The ROD was subject 
to a public review process; public comments were received and addressed 
in the Responsiveness Summary portion of the ROD. All other documents 
and information which EPA relied on or considered in recommending that 
the Site be deleted from the NPL are available for the public to review 
EPA Records Center.

Applicable Deletion Criteria/Statute Concurrence

    All the completion requirements for this Site have been met as 
described in the Final Remedial Action Report dated August 2005, 
prepared by GE and approved by EPA on August 30, 2005, and EPA's 
Preliminary Close Out Report dated September 2005. The State of New 
Jersey, in its letter of August 30, 2006 concurred on the proposed 
deletion of this Site from the NPL. Consequently, EPA is proposing 
deletion of this Site from the NPL. Documents supporting this action 
are available in the site files.
    The NCP 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 Department of Environmental Protection, believes 
that this criterion for deletion has been met. Consequently, EPA is 
proposing deletion of this Site from the NPL.

    Dated: April 12, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-12450 Filed 6-27-07; 8:45 am]
BILLING CODE 6560-50-P