[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Rules and Regulations]
[Pages 22828-22831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9077]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-8558-5]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of partial deletion of the Seneca Army Depot Activity 
Superfund Site from the National Priorities List.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
2 announces the deletion from the National Priorities List (NPL) of the 
following two specific parcels of real property located at the Seneca 
Army Depot Activity (SEDA) Superfund Site (Site), Romulus, New York: 
Real Estate Parcel 1, except for a portion of this parcel known as 
SEAD-24; and the entirety of Real Estate Parcel 2. The NPL, promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, as amended, is found 
at Appendix B of 40 CFR part 300, which is an appendix to the National

[[Page 22829]]

Oil and Hazardous Substances Pollution Contingency Plan (NCP). This 
partial deletion of SEDA parcels is done in accordance with 40 CFR 
300.425(e) and the Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List, 60 FR 55466 (Nov. 1, 1996). 
This deletion pertains to all media (surface soils, subsurface soils, 
structures, surface water, and ground water) within Parcel 1, excluding 
the SEAD-24 portion of Parcel 1, and Parcel 2.
    Parcel 1, also known as the Empire Biofuels Redevelopment area, is 
located midway on the western edge of SEDA. Most of this Parcel did not 
require remedial investigations under CERCLA. The two areas within 
Parcel 1 that were investigated under CERCLA are known as SEAD-58 and 
SEAD-24. SEAD-58 includes two debris disposal areas that have been 
found to require no active remediation under CERCLA. SEAD-24 is a two-
acre area which underwent a soil removal action in 2004 and is awaiting 
a determination by EPA that all appropriate response actions have been 
implemented. SEAD-24 is not included in this deletion and will remain 
on the NPL.
    Parcel 2, also known as the Seneca County Public Safety Building 
and Jail area, is located along the eastern perimeter of SEDA in the 
southeast quadrant. The parcel encompasses two sub-parcel areas 
designated as SEAD-50 and SEAD-54, both of which have been remediated. 
Subsequent sampling of these two areas confirmed that all appropriate 
CERCLA response actions were performed. However, SEAD-50 and 54 are 
subject to institutional controls in the form of deed restrictions 
which prohibit residential use and use of the groundwater as they are 
part of the encompassing Planned Industrial Development area.
    The rest of SEDA will remain on the NPL, and response activities 
will continue at the remaining areas determined to be in need of 
response actions. The EPA and the State of New York, through the New 
York State Department of Environmental Conservation, have determined 
that all appropriate response actions under CERCLA have been completed 
at the parcels proposed for deletion. However, the deletion of these 
parcels does not preclude future actions under Superfund.

DATES: This rule will be effective April 28, 2008.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1990-0011. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the site information repositories. Locations, contacts, 
phone numbers and viewing hours are:

Regional Repository, U.S. EPA Region 2 Records Center, 290 Broadway, 
18th Floor, New York, NY 10007-1866, Hours: 9 a.m. to 5 p.m.--Monday 
through Friday. (212) 637-4308.
Local Site Repository, Seneca Army Depot Activity, 5786 State Route 96, 
Building 123, Romulus, NY 14541, Hours: 9 a.m. to 3:30 p.m.--Monday 
through Thursday. (607) 869-1494.

FOR FURTHER INFORMATION CONTACT: Mr. Julio F. Vazquez, Remedial Project 
Manager, U.S. EPA Region 2, 290 Broadway, 18th Floor, New York, NY 
10007-1866, (212) 637-4323.

SUPPLEMENTARY INFORMATION: The parcels to be deleted from the NPL are 
Parcel 1, excluding SEAD-24, and the entirety of Parcel 2 of SEDA. A 
notice of intent for partial deletion for this site was published in 
the Federal Register on September 11, 2007.
    The closing date for comments on the notice of intent for partial 
deletion was October 20, 2007. Eleven public comments were received, 
and all the comments relate to the construction of an ethanol plant on 
Parcel 1. This issue is not related to our finding that Parcel 1, 
excluding SEAD-24, and Parcel 2 do not present any threat to human 
health or the environment. A responsiveness summary was prepared and 
placed in both the docket, EPA-HQ-SFUND-1990-0011, on http://www.regulations.gov and in the local repositories listed above.
    EPA identifies sites that may present a significant risk to public 
health, welfare and the environment. The NPL is a list of releases or 
threatened releases which EPA has determined to be a priority. Deletion 
of a portion of a site from the NPL does not preclude further remedial 
action. If a significant release occurs at a site, or any portion 
thereof, which has been deleted from the NPL, the deleted portions of 
the site may be restored to the NPL without application of the Hazard 
Ranking System. Deletion of any portion of a site from the NPL does not 
affect responsible party liability for further remedial actions, in the 
unlikely event that future conditions warrant such actions.

Responsiveness Summary

Introduction

    A Notice of Intent of Partial Deletion for the Seneca Army Depot 
Activity (SEDA) Superfund Site was published in the Federal Register on 
September 11, 2007 (72 FR 51758-51762). The publication of this notice 
was intended to inform the public that EPA planned to delete two 
specific parcels from the National Priorities List: Real Estate Parcel 
1, except for a portion of that parcel known as SEAD-24; and the 
entirety of Real Estate Parcel 2. The notice also provided a 30-day 
public comment period on the proposed partial deletion. The closing 
date for comments on the Notice of Intent to Partially Delete was 
October 11, 2007. Eleven written comments were received (these comments 
are available in the Information Repositories); therefore EPA has 
prepared this Responsiveness Summary. In addition, all public comments 
were considered in EPA's final decision to delete these parcels (as 
identified above) of the Site from the NPL.

Responsiveness Summary

    This Responsiveness Summary has been prepared to provide responses 
to comments submitted to EPA during the 30-day public comment period 
regarding the Notice of Intent to Partially Delete (72 FR 51762) a 
portion of Real Estate Parcel 1 and Real Estate Parcel 2 of the SEDA. 
The original comments are summarized below and available at http://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-1990-0001, with the 
support materials under document type ``public submissions'' and at the 
information repositories at the following addresses: U.S. EPA Region 2 
Records Center, 290 Broadway--18th Floor, New York, NY 10007-1866, 
Hours: 9 a.m. to 5 p.m.--Monday through Friday, (212) 637-4308; and 
Seneca Army Depot Activity, 5786 State Route 96, Building 123, Romulus, 
NY 14541, Hours: 9 a.m. to 3:30 p.m.--Monday through Thursday, (607) 
869-1494.
    Summary of Comment from Mary Anne Kowalski: The commenter is 
opposed to the deletion of Parcel 1 because this land is proposed to be 
used for an ethanol plant that is proceeding without an environmental 
impact statement, expressing the view that without an environmental 
impact statement the residents of Seneca

[[Page 22830]]

County have no way of determining the impact of this construction on 
the hazardous materials already there. This deletion action would 
remove another impediment to construction.
    Response: In the summer of 2003, EPA concurred with the Finding of 
Suitability to Transfer (FOST) for the Conservation/Recreation Area. 
This Area included Parcel 1, except for SEAD-58 and SEAD-24. In 2006, 
EPA determined that no action under CERCLA was necessary for SEAD-58. 
Therefore, EPA's determination is that soils in the Parcel 1 area 
proposed for deletion do not present an unacceptable threat to human 
health or the environment. Note that a delisting action has no 
significant effect upon redevelopment activities. An ethanol plant may 
or may not be constructed regardless of whether the parcel remains 
listed on the NPL.
    Summary of Comment from Sandra L. Dranias: The commenter expressed 
concern regarding the potential health hazards that will be unleashed 
by the premature disturbance of these heavily contaminated soils in the 
parcels being proposed for deletion. Documents list hazardous materials 
removed from the site listed as SEAD-24. SEAD-24 is located directly 
nearby the proposed location of the ethanol refinery. None of the soil 
surrounding SEAD-24 was ever tested to see if any of these chemicals 
leached beyond the borders drawn by the Government.
    Response: SEAD-24, the abandoned powder burning pit, underwent a 
time-critical removal action between 2004 and 2006. EPA has not made 
its final determination on the ultimate adequacy of this action. 
Therefore, this area is retained by the Army until a final 
determination is made whether this area no longer presents a 
significant threat to human health or the environment. SEAD-24 is not 
the subject of this de-listing from the NPL.
    Summary of Comment from Tom and Nancy Hooser: The commenters noted 
that, if their information is correct, this deletion means that no 
additional cleanup is necessary at the parcel where an ethanol plant is 
to be built. We have been provided no environmental impact study, and 
the prospect of what could happen down the line is enormous. The parcel 
in question needs to be thoroughly cleaned up before anything as 
hazardous as an ethanol plant is built in our backyards.
    Response: It is correct that it has been determined that no 
additional action is deemed necessary at both Parcel 1, except SEAD-24 
(which is not being deleted) and Parcel 2. They do not present an 
unacceptable threat to human health or the environment. Parcel 1, SEAD-
58, after remedial investigation activities, was found to require no 
active remediation under CERCLA. Parcel 2, including SEAD-50 and SEAD-
54, underwent remediation.
    Summary of Comment from Bobbi Clifford: The commenter pointed out 
that 8,300 acres were identified for conservation/recreation uses 
according to the Preferred Land Use Plan/Seneca Army Depot Reuse Plan. 
On page 21-7, under 9(c), Environmental: the State criteria require 
that a ``proposed site not contain any wetlands.'' In the February, 
1998 report of the Administrative Final Environmental Impact Statement, 
the SEDA Wetlands, Fish and Wildlife Plan identifies ``87 distinct 
wetlands on the depot lands.'' In the Environmental Assessment Form of 
11/06 for the ethanol/biomass project, Malcolm Pirnie identified the 
following: ``sixteen wetlands and eight streams were delineated for the 
ethanol/biomass project site, with the main site having eleven wetlands 
and two streams. Within the main site, a large wetland system is 
approximately 60 acres in size.'' This comment implies that 
redevelopment of the property proposed for deletion may negatively 
impact wetlands.
    Additionally, the commenter pointed out that during the 1950s and 
1960s, classified metallic parts were buried at the Miscellaneous 
Components burial Site. Because the documentation of the disposal is 
considered classified by the Army, the exact nature of the buried 
material has not been disclosed. Results of site investigations 
indicate that previous activities may have adversely impacted soil and 
groundwater. The commenter implies that contamination may exist at the 
parcel proposed for deletion could pose a threat to human health and 
the environment.
    Response: In 2003, EPA concurred with the Finding of Suitability to 
Transfer for the Conservation/Recreation Area. This document served as 
the basis for the transfer of the 8,300 acre parcel. EPA concurred with 
this transfer because it had been determined that no further 
remediation was warranted at this parcel, and none of the investigation 
performed at this area identified contaminants that would present an 
unacceptable risk under any land use scenario. The wetlands issue is 
not related to this de-listing action. EPA's role to oversee the 
suitability of the property to be de-listed does not include approving 
any specific redevelopment.
    There are many other areas within SEDA that are undergoing 
investigation and other CERCLA-related efforts, including the 
Miscellaneous Components Burial Site. These areas are under the control 
of the Army and will remain on the NPL until all appropriate response 
actions are implemented or it is determined that the areas pose no 
significant threat to public health or the environment.
    Summary of Comment from John Ghidiu: This commenter objected to the 
delisting because it was his understanding that solid waste and 
incinerator ash were disposed of intermittently for 30 years between 
1941 and 1979, that radioactive materials were stored in several of the 
igloos on the south end of SEDA, and herbicides and pesticides were 
stored there as well. Demilitarization of munitions had also been 
conducted for forty years by open burning of fuses, projectiles, 
explosives and propellants directly upon the ground surface. Burial of 
laboratory wastes occurred between 1940 and 1980 at the Radioactive 
Waste Burial Sites and the Pitchblende Storage Igloos.
    Response: The areas to be de-listed are not included in any of the 
areas of concern identified by the commenter. Since 1984, when SEDA was 
proposed to be included on the NPL, EPA, the Army and the State of New 
York have been working on various areas of concern including the Ash 
Landfill (SEAD-03, 06, 08, 14 and 15), the Pitchblende Ore Storage 
(SEAD-48), and the Radioactive Burial Sites (SEAD-12). Although some of 
the work is still in progress at these Army-retained areas, the parcels 
proposed to be de-listed from the NPL are areas where either all 
appropriate response actions have been implemented or there is no 
significant threat to public health or the environment.

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: March 14, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.

0
For the reasons set forth in the preamble, 40 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; E.O. 12580, 52 FR 
2923, 3 CFR 1987 Comp., p. 193.


[[Page 22831]]



Appendix B--[Amended]

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2. Table 2 of appendix B to part 300 is amended by revising the entry 
under New York for ``Seneca Army Depot'' to read as follows:

Appendix B to Part 300--National Priorities List

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                                      Table 2.--Federal Facilities Section
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                  St                             Site name                 City/County             Notes \a\
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                                                  * * * * * * *
NY...................................  Seneca Army Depot...........  Romulus................  P
 
                                                  * * * * * * *
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(a) * * *
P = Sites with partial deletion(s).

[FR Doc. E8-9077 Filed 4-25-08; 8:45 am]
BILLING CODE 6560-50-P