[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Rules and Regulations]
[Pages 35362-35364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-8331-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Deletion of the Mannheim Avenue Dump Superfund 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region II, 
announces the deletion of the Mannheim Avenue Dump Superfund Site 
(Site), located in Galloway Township, New Jersey, from the National 
Priorities List (NPL) and will consider public comment on this action. 
The NPL was promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended and is Appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This Direct Final Deletion is being published by EPA with the 
concurrence of the State of New Jersey, through the New Jersey 
Department of Environmental Protection (NJDEP). EPA and NJDEP have 
determined that potentially responsible parties have implemented all 
appropriate response actions under CERCLA, and further remedial action 
pursuant to CERCLA is not appropriate. Moreover, EPA and NJDEP have 
determined that the Site poses no significant threat to public health 
and the environment.

DATES: This direct final deletion will be effective August 27, 2007 
unless EPA receives significant adverse comments by July 30, 2007. 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: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
    http://www.regulations.gov. Follow on-line instructions for 
submitting comments.
    E-mail: [email protected]: Nigel Robinson, Remedial Project 
Manager [email protected]: Pat Seppi, Community Involvement 
Coordinator.
    Fax: (212) 637-4429
    Mail: Nigel Robinson, Remedial Project Manager, U.S. Environmental 
Protection Agency, Region II, Emergency & Remedial Response Division, 
290 Broadway, 19th Floor, New York, NY 10007; or Pat Seppi, Community 
Involvement Coordinator, U.S. Environmental Protection Agency, Region 
II, Public Affairs Division, 290 Broadway, 26th Floor, New York, NY 
10007.
    Hand delivery: U.S. Environmental Protection Agency, Emergency & 
Remedial Response Division, 290 Broadway, 19th Floor, New York, NY 
10007.
    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-
1983-0002. 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 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 hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region II, 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; and at
Atlantic County Library, Galloway Township Branch, 306 W. Jimmie Leeds 
Road, Pomona, NJ 08240; Hours: Mon-Th, 9 a.m.-8 p.m., Fri-Sat, 9 a.m.-5 
p.m., (609) 652-2352.
Nigel Robinson, Remedial Project Manager, Emergency & Remedial Response 
Division, U.S. Environmental Protection Agency, Region II, 290 
Broadway, 19th floor,

[[Page 35363]]

 New York, New York 10007-1866; or e-mail to: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Nigel Robinson, Remedial Project 
Manager, U.S. Environmental Protection Agency, Emergency & Remedial 
Response Division, 290 Broadway, 19th floor, New York, New York 10007; 
telephone number (212) 637-4394; Fax Number (212) 637-4429; e-mail 
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 II announces the deletion of the Mannheim Avenue Dump 
Superfund Site from the NPL. 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 Substances Superfund Response Trust Fund. As described in 
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.
    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 August 27, 2007 unless 
EPA receives significant adverse comments by July 30, 2007 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 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 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 Mannheim Avenue Dump Superfund Site and 
demonstrates how it meets the deletion criteria. Section V discusses 
EPA's action to delete the Site from the NPL unless adverse comments 
are received during the public comment period.

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. EPA shall 
consider, in consultation with the State of New Jersey, whether any of 
the following criteria has been met:
    i. Responsible parties or other parties have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has 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, 
taking remedial measures is not appropriate.
    Further, the State of New Jersey shall concur with the deletion, in 
accordance with Section 300.425(e)(2) and the public will be informed 
of the proposed and final deletion action, in accordance with Section 
300.425(e)(4) and (5). In addition, a site deleted from the NPL remains 
eligible for remedial actions if conditions at the Site warrant such 
action, in accordance with Section 300.425(e)(3).

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the NJDEP and NJDEP concurred with the 
deletion on August 30, 2006.
    (2) A Final Close Out Report was prepared on April 2, 2007.
    (3) Concurrently with the publication of this Direct Final 
Deletion, a Notice of Intent to has been published today in the 
``Notice'' section of the Federal Register. Notices are also being 
published in a major local newspaper of general circulation at or near 
the Site and is being distributed to appropriate federal, state, and 
local government officials and other interested parties; the newspaper 
notice announces the 30-day public comment period concerning the Notice 
of Intent to Delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If no significant adverse comments are received, the Site will 
be deleted. If 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 and will prepare, 
if appropriate, a response to comments and may continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments 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 enforcement 
actions, as appropriate.

IV. Basis for Site Deletion

    The following summary provides a brief description of the actions 
taken at this Site which provides the Agency's rationale for deletion. 
The Mannheim Avenue Dump Site is located along Mannheim Avenue in a two 
acre sand and gravel clearing occupying Lots 2 and 3 of Block 54 in 
Galloway Township, Atlantic County, New Jersey. The Site lies on 
Mannheim Avenue between Shiler Road and Clarks Landing Road. The Site 
is approximately 1,500 feet southeast of Tar Kiln Branch and two miles 
southwest of the Mullica River.
    The Site was originally used as a sand and gravel excavation 
operation by Galloway Township for road construction materials. After 
mining operations ceased in 1964, the excavated portions of the Site 
were used for waste disposal. Beginning in 1964, Lenox, Inc. obtained 
permission from Galloway Township to use the Site to dispose of 
industrial waste produced at its manufacturing facility in Pomona, New 
Jersey. Drummed wastes from Lenox, Inc. along with other municipal 
waste were disposed of in the excavated areas and covered with soil. 
Leaded porcelain fragments and household refuse were also mixed in with 
the waste. An investigation by NJDEP in 1982 revealed that many of the 
drums were exposed and deteriorating. Samples collected from the 
exposed drums indicated the presence of trichloroethylene (TCE), 
toluene, ethylbenzene, methylene chloride, cadmium, lead, nickel and 
chromium. The Site was placed on the National Priorities List (NPL) in 
1983. Under a 1984 EPA Administrative Order, Lenox, a PRP, undertook 
the removal and off-site disposal of waste material buried in soil 
mounds at the Site. In July and August of 1985, the site was fenced and 
approximately 25,000 pounds of waste, 95 percent of the wastes, were 
consolidated into drums and disposed of off-site. In June 1989, the 
remaining wastes were also disposed of, off-site. In 1985 and 1986, 
Lenox conducted soil, groundwater, surface water, and domestic well 
sampling. This sampling showed that the principal contaminants within 
the waste at the Site were lead

[[Page 35364]]

and TCE. In accordance with a 1988 Administrative Order on Consent, 
Lenox and the Township of Galloway conducted a remedial investigation 
(RI). The RI revealed levels of TCE below the detection limit of 0.5 
parts per million (ppm) for Site soils. For lead, only one of the 
twenty samples analyzed contained lead above EPA's acceptable level for 
residential use of 400 ppm. The average lead concentrations in these 
samples was 80 ppm, substantially below EPA's current cleanup criteria 
of 400 ppm. Consequently, no further action for Site soils was 
conducted under CERCLA.
    On September 27, 1990, EPA issued a ROD for the groundwater 
remediation. The selected remedy included:

--Restoration of the groundwater aquifer to the maximum contaminant 
level (MCL) of 1 part per billion (ppb) for TCE by extracting 
contaminated groundwater from both the shallow and deep zones of the 
aquifer system, followed by on-site treatment and discharge of the 
treated groundwater back to the aquifer;
--Short-term and long-term monitoring of the groundwater to ensure the 
effectiveness of the system in removing contaminants and controlling 
migration; and
--Contingency planning to install individual carbon adsorption 
treatment units at residences, if monitoring indicates that site-
related contamination is threatening residential wells.

    In June 1991, Lenox and the Township of Galloway, entered into a 
Consent Decree with EPA to implement the remedy selected in the ROD. 
This implementation involved the performance of the Remedial Design 
(RD) and the construction of the remedy. Between November 1993 and 
January 1994, Lenox installed Point of Entry Treatment Systems (POETS) 
to six of the fourteen residential wells downgradient of the Site. The 
installation was based on the detection of low levels of TCE in one of 
the monitoring wells located on-site upgradient of the residential 
wells. POETS are granular activated carbon absorption filter systems 
that provide clean drinking water by removing organic contaminants from 
the incoming groundwater supply. The POETS were sampled on the same 
sampling schedule as the monitoring wells. In 1994, construction of the 
groundwater remediation system was completed and the system began 
operating. Sampling of the groundwater monitoring wells, the POETS and 
the treatment system influent and effluent was initially performed. 
After operating for 14 months, sampling data in 1995 indicated that TCE 
in the influent groundwater to the treatment plant had decreased to 
less than 1 ppb. The data prompted Lenox to petition EPA for permission 
to shut down the treatment plant. EPA agreed with the shut down of the 
treatment plant, but required that monitoring continue.
    EPA conducted a five-year review of the site in September 1999 and 
found the remedy protective of human health and the environment. From 
January 1999 through April 2002, all but one monitoring well achieved 
the New Jersey Drinking Water Standard of 1 ppb for TCE. This well did 
however achieve the cleanup standard in October 2002. From October 2002 
through October 2003, four rounds of groundwater sampling indicated 
that all monitoring wells had achieved the groundwater cleanup standard 
of 1 ppb for TCE. Based on the sampling data, EPA allowed the PRPs to 
discontinue groundwater monitoring at the site. The second five-year 
review, completed in September 2004 determined that the implemented 
remedy not only continued to be protective of human health and the 
environment but had achieved the goal set forth in the ROD of restoring 
the groundwater aquifer to Drinking Water Standard and recommended 
deletion of the site from the NPL.
    In 2005, the PRPs initiated the closure of all monitoring and 
extraction wells; this task was completed in 2006. Monitoring is no 
longer being conducted because the site allows for unlimited use and 
unrestricted exposure, residential cleanup criteria have been achieved 
for both groundwater and soils. No further monitoring is required for 
POETS, since the residential groundwater cleanup criteria for the site 
has been achieved. The POETS are currently owned and maintained by the 
PRPs. Since the POETS are no longer required, they will either be 
disconnected or their ownership will be transferred to the homeowners 
who will then be responsible for future sampling and maintenance. The 
State of New Jersey and the Atlantic County Health Department are aware 
of this process and may decide to continue the sampling and maintenance 
of these POETS.
    Public participation activities for the Site have been satisfied as 
required in CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA 
section 117, 42 U.S.C. 9617. The RI/FS and the 1990 ROD were both 
subject to a public review process. The five-year reviews were also 
locally noticed to the public. 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 to the public in the information 
repositories.

V. Deletion Action

    The EPA, with concurrence of the State of New Jersey, has 
determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA are 
necessary. Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective August 27, 2007 unless EPA receives adverse comments by 
July 30, 2007. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of the 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 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, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: April 27, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
For the reasons set out in this document 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. 9601-9675; 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 Jersey (NJ) 
by removing the site name ``Mannheim Avenue Dump'' and the 
corresponding city/county designation ``Galloway Township.''

[FR Doc. E7-12536 Filed 6-27-07; 8:45 am]
BILLING CODE 6560-50-P