[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Proposed Rules]
[Pages 19481-19484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9648]



[[Page 19481]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2009-0175; FRL-8897-2]


National Oil and Hazardous Substance Pollution Contingency Plan; 
Montclair/West Orange and Glen Ridge Radium Superfund Sites; National 
Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; National Priorities List; notice of intent to 
delete.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA)--Region II is 
issuing a Notice of Intent to Delete the Montclair/West Orange and Glen 
Ridge Radium Superfund Sites located in Montclair, West Orange, Glen 
Ridge, Bloomfield and East Orange, New Jersey from the National 
Priorities List (NPL) and requests public comments on this proposed 
action. The NPL, promulgated pursuant to Section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) of 1980, as amended, is an appendix of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). EPA and the 
State of New Jersey, through the Department of Environmental 
Protection, have determined that all appropriate response actions under 
CERCLA have been completed. However, this deletion does not preclude 
future actions under Superfund.

DATES: Comments must be received by May 29, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0175, by one of the following methods:
     http://www.regulations.gov--Follow on-line instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: To the attention of Betsy Donovan at 212-637-4439.
     Mail: To the attention of Betsy Donovan, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency--Region 2, 290 Broadway, 19th Floor, New York, NY 
10007-1866.
     Hand delivery: Superfund Records Center, 290 Broadway, 
18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308). Such 
deliveries are only accepted during the Center's normal hours of 
operation (Monday to Friday from 9 a.m. to 5 p.m.). Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2009-0175. 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 that 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 through 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 statute. 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 2, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308. Hours: Monday to Friday 9 a.m. to 5 p.m.
    Montclair Public Library Reference Department, 50 South Fullerton 
Avenue, Montclair, New Jersey 07042, Phone 973-744-0500. Hours: Monday 
to Thursday 10 a.m. to 9 p.m.; Friday & Saturday 10 a.m. to 5 p.m.; and 
Sunday 1 p.m. to 5 p.m.
    The Township of West Orange Health Department, 66 Main Street, Room 
203, West Orange, New Jersey 07052, Phone 973-325-4120. Hours: Monday 
to Friday 8:30 a.m. to 4:30 p.m.
    Glen Ridge Public Library Reference Department, 240 Ridgewood 
Avenue, Glen Ridge, New Jersey 07028, Phone 973-748-5482. Hours: Monday 
9 a.m. to 8 p.m.; Tuesday 9 a.m. to 5 p.m.; Wednesday 9 a.m. to 8 p.m.; 
and Thursday, Friday, Saturday 9 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Ms. Betsy Donovan, Remedial Project 
Manager, by mail: Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency--Region 2, 290 Broadway, 19th Floor, 
New York, NY 10007-1866; (or) telephone (212) 637-4369; (or) fax (212) 
637-4439; (or) e-mail [email protected].

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 Montclair/West 
Orange and Glen Ridge Radium Superfund Sites from the National 
Priorities List (NPL) and requests public comment on this proposed 
action. The NPL constitutes Appendix B of 40 CFR Part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 
that EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 
1980, as amended. EPA maintains the NPL as the list of sites that 
appear to present a significant risk to public health, welfare, or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (Trust Fund or Fund). As 
described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial actions if future 
conditions warrant such actions.
    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 of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Montclair/West Orange and 
Glen Ridge Radium Superfund Sites and demonstrates how they meet the 
deletion criteria.

[[Page 19482]]

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response 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, 
the taking of remedial measures is not appropriate.
    EPA may initiate further action to ensure continued protectiveness 
at a deleted site if new information becomes available that indicates 
it is appropriate. 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 these Sites:
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete.
    (2) EPA provided the State with 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of New Jersey, through the Department of 
Environmental Protection, has concurred with the proposed deletion of 
the Sites from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, notices are being published in major 
local newspapers, The Montclair Times, The West Orange Chronicle, The 
Glen Ridge Paper, Bloomfield Life, and East Orange Record. The 
newspaper notices announce the 30-day public comment period concerning 
the Notice of Intent to Delete the Sites from the NPL.
    (6) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the information repositories for the Sites 
identified above.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Sites, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
site information repositories listed 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 designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that deletion of a site from the NPL 
does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Intended Site Deletion

    The following information provides EPA's rationale for deleting 
these Sites from the NPL:

 A. Site Background and History

    The Montclair/West Orange Radium Superfund Site, CERCLIS ID Number 
NJD980785653, and the Glen Ridge Radium Superfund Site, CERCLIS ID 
Number NJD980785646, are located in Montclair, West Orange, Glen Ridge, 
Bloomfield and East Orange, Essex County, New Jersey.
    The Montclair/West Orange and Glen Ridge Radium Sites are 
identified as two Sites on the Superfund National Priorities List 
(NPL). Although listed separately on the NPL, the two Sites are 
addressed jointly due to their geographic proximity and similar 
characteristics. The two Sites include three non-contiguous areas 
located in five residential communities of suburban Essex County in 
northeastern New Jersey, about 12 miles west of New York City. The 
Sites cover a total area of approximately 250 acres and include 900 
residential and 24 municipal properties. Municipal properties are areas 
such as city streets, lots and parks.
    Radium research and the radium products industry were prevalent in 
northern New Jersey from the early 1900s to the late 1920s. Radium was 
used to destroy cancerous tissue and as a pigment in luminous paint on 
wrist watch dials, gun sights, survey equipment, and instrument panels 
for airplanes and submarines.
    The U.S. Radium Corporation, formerly known as the Radium Luminous 
Material Corporation, operated a facility in Orange, New Jersey from 
1915 through 1926. The main activity at the facility involved the 
extraction and purification of radium from carnotite ore. At its peak, 
up to two tons of ore per day were processed at the plant. The 
extraction process removed about 85 percent of the radium. Because it 
was not economically feasible to remove all of the radium, the ore 
processing wastes contained residual amounts of radium and other 
radiological contaminants. Each ton of ore yielded five to seven 
milligrams of radium, which is a quantity no bigger than an average 
grain of sand. Consequently, a large volume of process wastes, or 
tailings, containing residual radioactive materials were generated and 
dumped in undeveloped, low-lying and marshy areas.
    The Montclair/West Orange and Glen Ridge Sites were originally 
identified in 1979 by the New Jersey Department of Environmental 
Protection (NJDEP) as part of a program to investigate former radium 
processing facilities in the State. It was recognized that radioactive 
ore processing wastes could have been disposed at locations distant 
from the ore processing facilities.
    In 1981, NJDEP requested that EPA conduct an aerial gamma radiation 
survey of a 12-square-mile area surrounding a former ore processing 
facility in Essex County. The EPA survey identified a number of 
locations with elevated levels of gamma radiation in Montclair and Glen 
Ridge, as well as the former U.S. Radium processing facility in nearby 
Orange, New Jersey, which is being addressed as a separate NPL site. 
The two Sites were proposed for inclusion on the NPL in October 1984 
(49 FR 40320), and were formally added in February 1985 (50 FR 6320) in 
a special listing process.
    On December 6, 1983, the Centers for Disease Control (CDC) issued a 
health advisory recommending immediate action to reduce the human 
health risks at the Sites. In response, EPA installed radon mitigation 
systems to reduce indoor radon gas concentrations in homes where radon 
measurements exceeded the recommended levels. Shielding (e.g., lead) 
was also installed in areas with excessive gamma radiation measurements 
to reduce potential exposures. The systems and shielding were installed 
as temporary measures

[[Page 19483]]

until a soil cleanup program could be implemented to permanently remove 
the source of the radon gas and gamma radiation.

B. Remedial Investigation and Feasibility Study

    In 1983, follow-up ground investigations were conducted in the 
areas exhibiting elevated surface gamma radiation as identified by the 
1981 aerial survey. Investigations found that the soil was contaminated 
primarily with radionuclides in the uranium decay chain, including 
isotopes of radium, thorium, uranium and lead. The main radionuclide of 
concern was radium-226, because its radioactive decay can cause 
elevated indoor concentrations of radon gas and radon decay products. 
Radon monitoring in the study areas found many homes with radon gas 
above the recommended action level. In addition, some properties 
exhibited elevated levels of indoor and outdoor gamma radiation. 
Radionuclides are known human carcinogens. Long-term exposure to indoor 
radon and gamma radiation posed the major health threats at the Sites.
    In May 1984, EPA and NJDEP jointly planned a pilot study to 
evaluate the feasibility of excavation and off-site disposal of the 
radium-contaminated soil. Twelve properties with varying degrees of 
contamination were selected for the pilot study and preliminary 
engineering assessments were prepared. In November 1984, EPA decided to 
forego the pilot study and instead began a comprehensive remedial 
investigation and feasibility study (RI/FS) to determine the nature and 
extent of the contamination and to identify cleanup alternatives. NJDEP 
proceeded with the pilot cleanup project on its own and began to 
excavate contaminated soil in June 1985. Nevada revoked the waste 
disposal permit, stranding thousands of drums and stalling cleanup at 
several properties, while other disposal solutions were identified, and 
a lawsuit over the permit revocation went to the U.S. Supreme Court. 
Eventually, all drums were disposed at licensed facilities in late 
1988. The pilot study demonstrated that excavation of the contaminated 
soil was a feasible remedial action, but that transportation and 
disposal of the contaminated material would make excavation and off-
site disposal a very tenuous cleanup approach.
    The initial RI/FS report was released in September 1985 and during 
a November 1985 public meeting, EPA identified excavation of the 
contaminated soil along with off-site disposal as the preferred cleanup 
solution. However, the lack of a disposal facility and transportation 
uncertainties, as demonstrated by NJDEP's pilot study, would likely 
delay the implementation of such a remedy. This led EPA to initiate a 
supplemental feasibility study in March 1987 to research other cleanup 
alternatives, including additional interim measures. The supplemental 
feasibility study and proposed plan were made available to the public 
in April 1989.
    Groundwater at the Sites was investigated; a June 2005 focused 
feasibility study was undertaken after the majority of the soil cleanup 
work had been completed. Investigation data and other studies indicated 
that any site-related impacts to the groundwater had been removed by 
the extensive soil cleanup effort and that groundwater quality at the 
Sites was comparable to background for the area.

C. Selected Remedy

    Records of Decision (RODs) (one for each NPL site) were signed on 
June 30, 1989. These initial RODs selected a permanent remedy 
consisting of full excavation and off-site disposal for residential 
properties with the most extensive contamination and provided an 
interim solution (i.e., limited excavation, engineering/institutional 
controls) for other properties where radon gas or indoor gamma 
radiation levels exceeded health guidelines. EPA made the decision to 
begin excavation of contaminated soil after a disposal facility that 
could accept a large quantity of radiological waste became available in 
1990.
    The subsequent remedy selected in the 1990 RODs (one for each NPL 
site) provided a permanent solution for the radium-contaminated soil at 
all properties (residential and municipal) and included the excavation 
of all soil exceeding the cleanup criteria. The remedy also called for 
environmental monitoring, as necessary, to ensure its effectiveness.
    The remedial action objective was to reduce, to the lowest 
practical levels, the existing public health threats posed by indoor 
radon and radon decay product concentrations, indoor and outdoor gamma 
radiation levels, and the inhalation or ingestion of radium-
contaminated materials. Construction activities were undertaken via a 
series of remedial action and disposal contracts awarded by the U.S. 
Army Corps of Engineers and funded by the EPA Superfund Trust Fund with 
a 10-percent share provided by the State of New Jersey.
    The September 2005 RODs (one for each NPL site) for groundwater 
called for no action, based on investigation data and other studies 
indicating that any site-related impacts to the groundwater have been 
removed by the extensive soil remedial action and that groundwater 
quality at the Sites was comparable to background for the area. Public 
water is available in all five communities and there is no known use of 
the groundwater as a drinking water source at the present time. Risks 
associated with use of the site groundwater are in the same range as 
those estimated for groundwater regionally and are not related to the 
CERCLA releases, which have been addressed under the soil cleanup.

D. Response Actions

    Architectural and engineering (A/E) firms under contract with the 
U.S. Army Corps of Engineers prepared designs for all cleanup work. 
Remedial designs were based on soil investigation data, consisting of 
samples collected and analyzed from boreholes. Four-inch diameter 
boreholes were typically augered by hand; samples were collected at 
six-inch intervals down to sixteen feet or more below the surface, 
where native soils were encountered. These sample results were used to 
plot the areas to be excavated to accomplish removal of the 
contaminated material. Primary excavation areas were designed to 
facilitate the removal of material that exceeded the cleanup criteria. 
Secondary excavation areas were designed to indicate where additional 
excavation might be required, due to the proximity of contamination, 
the presence of man-made fill material, or the presence of material 
exhibiting marginal concentrations below the cleanup criteria. Other 
project support services such as the maintenance of a field office 
compound, on-site quick count laboratory, verification sampling, data 
reporting, property status tracking, and structural assessments were 
included in the remedial design contract. Designs were prepared with 
civil survey data and detailed inventories of existing landscape and 
structural features on each property, as a reference for the post-
excavation restoration.
    Construction was completed in phases and included 340 residential 
and 16 municipal properties. The cleanup and restoration work on each 
individual property typically took from six to nine months to complete. 
The EPA soil cleanup effort took approximately 14 years to complete 
(1990 to 2004). About 100 families were temporarily relocated when the 
construction work (sub-slab excavation, utility disruptions, no access 
to dwelling, etc.) precluded safe

[[Page 19484]]

occupancy of the homes. Perimeter and on-site air monitoring was 
conducted for dust, radionuclides, and organic vapors during 
construction. Primary soil excavation was carried out according to the 
remedial design drawings and followed by confirmatory sampling per the 
project specifications. Secondary excavation was undertaken, by 
approval of EPA, if contamination was found beyond the limits of the 
primary excavation areas. Contaminated soil and debris were removed 
from each property by heavy equipment and loaded into containers. At 
residential properties with contamination beneath the basement slab, 
the material was removed by vacuum truck and then loaded into 
containers for transport. A majority of the contaminated material was 
transported by 28-cubic yard intermodal containers. Intermodal 
containers allowed transport by truck and rail without the need to 
handle the waste numerous times. Once the soil and debris were loaded, 
the containers were sealed and waste shipping manifests prepared. 
Containers were trucked to a transloading facility in Newark, New 
Jersey. After inspection, the containers were loaded onto railcars for 
transport to regulated and approved disposal facilities.
    Disposal facilities were selected utilizing the U.S. Army Corps of 
Engineers--Kansas City District's pre-placed radiological disposal 
contracts. Radiological contaminated materials were disposed at 
Envirocare of Utah, Inc., located in Clive, Utah, and at U.S. Ecology 
Idaho, Inc., located in Grandview, Idaho.
    Excavated areas were sampled to ensure that the contamination had 
been removed. After completion of the testing, the excavated areas were 
backfilled with clean fill material. Proposed backfill sources were 
tested to ensure they did not exceed the remediation goals and met the 
contract specifications. The backfill and topsoil were sampled at least 
every 5,000 cubic yards for radium, gamma radiation, EPA's target 
analyte list for metals, and EPA's target analyte compound list for 
volatile organic compounds. Properties were restored to pre-
construction conditions with in-kind replacements or repairs to 
property damaged during excavation of contamination, including 
sidewalks, driveways, garages, decks, steps, porches, basement 
interiors, landscaping, fences, etc. All properties were restored in 
accordance with the contract restoration plans and landscaping 
specifications, as nearly as possible to their original conditions.
    Since hazardous substances do not remain at the Montclair/West 
Orange and Glen Ridge Superfund Sites above health based levels for 
unrestricted use, there is no operation and maintenance or five-year 
review activities required.

E. Cleanup Goals

    Health-based cleanup goals were identified in the RODs or 
subsequent documents and guidance, as follows: radon--4 picoCuries per 
liter (pCi/l); radon decay products--0.2 Working Levels (WL); gamma 
radiation rate--20 microRoentgens per hour ([mu]R/hr); radium in soil 
5--picoCuries per gram (pCi/g); radium-226 + thorum-232 <= 7 pCi/g in 
soil.
    Two independent companies, the remedial action contractor and the 
A/E firm, sampled excavated areas to ensure that the contamination had 
been removed and cleanup goals were achieved. Year-long radon tests 
were performed at each residential property following the soil cleanup 
work to confirm that radon source material had been removed. All 
property owners received a final data package with post-excavation 
testing results for their records. In addition, the five municipalities 
received information for all properties included in the project areas 
for their records.

F. Community Involvement

    Public availability sessions and public meetings for the local 
community and government officials were held throughout the project. 
EPA, the U.S. Army Corps of Engineers and the remedial action 
contractor provided written notices and updates involving work 
schedules and activities on a continuous basis for the immediate 
neighborhood and town officials. EPA also established a field office in 
close proximity to the Sites in Montclair, where project management and 
community involvement staff were located for nearly twenty years while 
directing and overseeing the cleanup.

G. Determination That Sites Meet Criteria for Deletion in the NCP

    In accordance with the NCP at 40 CFR 300.425(e)(1)(ii), EPA and the 
State of New Jersey have determined that all appropriate Fund-financed 
response actions under CERCLA has been implemented at the Sites, and no 
further response action by responsible parties is appropriate. By 
letters February 19, 2009, from Irene Kropp, Assistant Commissioner of 
the NJDEP, the State concurred with the proposed deletion of the Sites 
from the NPL. Therefore, EPA, with the concurrence of the State of New 
Jersey, is proposing the deletion of the Sites from the NPL. While EPA 
and the State of New Jersey have determined that the Sites do not 
require further response, the Sites do remain eligible for further 
Fund-financed remedial action should future conditions warrant such 
action.
    All of the completion requirements for the Sites have been met as 
described in the Superfund Final Close-Out Report, dated January 26, 
2009. Documents supporting this action are available in the Sites files 
and deletion docket.

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.

    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.

    Dated: April 14, 2009.
George Pavlou,
Acting Regional Administrator, EPA--Region 2.
[FR Doc. E9-9648 Filed 4-28-09; 8:45 am]
BILLING CODE 6560-50-P