[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40085-40089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-8942-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final Notice of Deletion of the Delilah Road Landfill, 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the Delilah Road 
Landfill, Superfund Site (Site), located in Egg Harbor Township, New 
Jersey, from the National Priorities List (NPL). The NPL, promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, as amended, is

[[Page 40086]]

an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP) 40 CFR part 300. 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, because 
EPA has determined that all appropriate response actions under CERCLA 
have been completed. However, this deletion does not preclude future 
actions under Superfund.

DATES: This direct final deletion is effective October 13, 2009 unless 
EPA receives significant adverse comments by September 10, 2009. 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, and will 
continue with the deletion process on the basis of the Notice of Intent 
To Delete.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: (212) 637-4445.
     Mail: Natalie Loney, Community Involvement Coordinator, 
U.S. Environmental Protection Agency, 290 Broadway, 26th Floor, New 
York, New York 10007-1866.
     Hand delivery: U.S. Environmental Protection Agency 
Records Center, Region 2, 290 Broadway, 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-
2005-0011, 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 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: United 
States Environmental Protection Agency Region 2 Records Center, 290 
Broadway, 18th Floor, New York, NY 10007-1866, Building hours are 
Monday to Friday 9 a.m.-5 p.m., Telephone number is (212) 637-4308, or 
The Atlantic County Library, Egg Harbor Township Branch, 1 Swift 
Avenue, Egg Harbor Township, New Jersey 08234, Building hours are 
Monday to Thursday 9 a.m. to 8 p.m., Friday and Saturday 9 a.m. to 5 
p.m., Telephone number is (609) 927-8664.

FOR FURTHER INFORMATION CONTACT: Tanya Mitchell, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 
19th Floor, New York, New York 10007-1866, (212) 637-4362, e-mail: 
[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 is publishing this direct final Notice of Deletion of 
the Delilah Road Landfill, from the National Priorities List (NPL). The 
NPL constitutes Appendix B of 40 CFR part 300, which is the Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which 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 (Fund). As described in Sec.  
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.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 13, 2009 unless EPA 
receives adverse comments by September 10, 2009. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
significant adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
withdrawal of this direct final Notice of Deletion before the effective 
date of the deletion, and the deletion will not take effect. EPA will, 
as 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 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 Delilah Road Landfill 
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

    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

[[Page 40087]]

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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the state of New Jersey prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the state, through the New Jersey Department of 
Environmental Protection, has concurred on the deletion of the Site 
from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, Shore 
News Today. 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 proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If significant adverse comments are received within the 30-day 
public comment period on this deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Deletion 
before its effective date and 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.
    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 the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

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

Site Background and History

    The Delilah Road Landfill Site is located southwest of Delilah Road 
in Egg Harbor Township, Atlantic County, New Jersey, and is designated 
as Block 901, part of Lot 1 and all of Lots 2 and 52 on the Municipal 
Tax Map of Egg Harbor Township. This area is immediately northeast of 
the intersection of the Garden State Parkway and the Atlantic City 
Expressway (Exit 38 of the Garden State Parkway). The surrounding area 
is a suburb of Atlantic City, comprised of residential areas, small 
businesses, and warehouses. The regional topography is generally flat. 
The Site consists of approximately 52 acres of land at an average 
elevation of 50 feet above mean sea level.
    The Atlantic City Reservoir is about a mile and a half north of the 
Site. The closest surface water is Jarrets Run, located 1,000 feet to 
the north of the landfill. This small and often dry creek runs into 
Absecon Creek, which flows into Absecon Bay. The New Jersey Water 
Company's public water supply wells are located to the northwest, 
northeast, southeast and southwest of the landfill and less than a mile 
away from the Site.
    The Site was originally used for sand and gravel excavation. It was 
later converted into a solid waste disposal area. In 1972, NJDEP issued 
a Certificate of Registration for the operation of a sanitary landfill. 
At present, no future reuse/development is known. Deed restrictions at 
the Site stipulate no residential development is permitted.
    Landfill operations ceased in 1980, when fill material reached the 
final design elevation. NJDEP records suggest that the landfill was not 
operated properly and not closed correctly. Several violations of NJDEP 
regulations were reported by NJDEP inspectors during the years of 
landfill operations and after operations ceased. These included 
emissions of foul odors, windblown paper and other material, and other 
operational and closure inadequacies. A 1982 preliminary assessment 
report prepared by EPA indicated that the landfill may have a potential 
impact on groundwater.

Remedial Investigation and Feasibility Study (RI/FS)

    On October 4, 1984, the Delilah Road Landfill Site was placed on 
the National Priorities List (NPL) of Superfund sites (49 FR 40320). In 
June of 1985, Camp Dresser and McKee initiated a remedial investigation 
and feasibility study (RI/FS) to investigate the nature and extent of 
hazardous substances present at the Site. The RI/FS activities were 
conducted under state authority in accordance with New Jersey 
Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C. A field 
investigation of the Site was initiated in February 1986 to evaluate 
remedial alternatives to mitigate public health and environmental 
impacts associated with the landfill.
    The Phase I RI/FS activities and the Phase II RI/FS activities 
conducted in 1986 and 1988 did not identify the presence of any organic 
compounds in the soil samples from under the fill material in the 
landfill which needed to be addressed. Metals were found at levels 
typical of background concentration of natural soils. Groundwater 
monitoring data for wells located upgradient, downgradient and side 
gradient to the landfill indicated the presence of several metals 
(chromium, lead, nickel, mercury, aluminum and zinc) in concentrations 
that exceeded the New Jersey Ground Water Quality Standards. The metal 
concentrations were consistent with background levels and no site 
related contamination was found in groundwater that warranted action. 
The RI/FS concluded that no response action was required under CERCLA. 
New Jersey, in accordance with New Jersey Regulations for Oversight of 
Contaminated Sites, N.J.A.C 7:26C, selected a remedy that would provide 
proper closure of the landfill and require closure monitoring and 
controls be enforced by the responsible parties.

Selected Remedy

    On September 28, 1990, NJDEP issued a ROD in accordance with New 
Jersey Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C, 
which presented the selected remedy for the Site that included: 
Placement of an impermeable layer cap on the landfill; installation of 
a surface water control system; installation of a landfill gas 
collection and treatment system based on design studies to confirm the 
need for this system; implementation of an air and groundwater 
monitoring program; fencing of the Site; and establishment of an 
appropriate deed restriction. Since the RI/FS determined that response 
under CERCLA was not required, the EPA did not concur on the remedy.
    In March 1993, the Delilah Road Potentially Responsible Party (PRP) 
group implemented a groundwater investigation at the Site in order to

[[Page 40088]]

determine if the impermeable layer cap was needed and to evaluate the 
long-term impact of the landfill on groundwater conditions further. The 
results of groundwater sampling conducted in October 1993 found that 
groundwater quality had not significantly changed from the RI/FS 
groundwater sampling events conducted in 1986 and 1988. Since the 
uncapped landfill was not shown to be degrading groundwater quality 
(beyond the extent observed in 1986 and 1988) and downgradient water 
users were utilizing a public water supply, NJDEP determined that a 
soil cap, rather than a synthetic membrane as presented in the ROD 
would provide sufficient protection for the Site.
    NJDEP issued an ESD in September 1998 which substituted the soil 
cap for the impermeable cap. Under the modified remedy, the landfill 
soil cap would consist of 18 inches of soil cover over approximately 47 
acres. The modified remedy includes all of the other elements of the 
selected ROD including: Fencing of the Site and establishment of 
appropriate deed restrictions; a groundwater quality monitoring 
program; installation of a surface water runoff control system; and 
installation of a landfill gas collection and treatment system subject 
to design studies confirming the need for such a system.

Response Actions

    The PRP Group, composed of American Cyanamid Company (now Wyeth 
Holdings Corporation), Lenox Incorporated, and Atlantic City Electric 
Company, prepared a Remedial Action Work Plan Outline (RAWPO) which 
described the remedial design (RD) and RA activities needed to complete 
the project. The RAWPO was approved by NJDEP in accordance with New 
Jersey Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C 
and was included in the ACO, executed by the PRP Group and NJDEP, and 
became effective October 12, 1994.
    In accordance with the RAWPO and the ACO, a Phase I RAWP was 
prepared and submitted to NJDEP to present the Site investigation 
activities proposed to support the design of the soil cap at the Site. 
A revised RAWP was approved by NJDEP February 1999. The Site 
investigation activities included: Delineation of the lateral extent of 
the landfill waste; determination of the existing cover depth within 
the landfill; and monitoring along the landfill perimeter for landfill 
gas. The lateral extent of the landfill waste was found to be limited 
to Block 901 Lots 2 and 52, and a small area of Lot 1. The extent of 
the existing soil cover within the interior of the landfill ranged from 
a few inches to 1.5 feet, and lateral migration of the landfill gas was 
detected in only one localized area beneath E. Atlantic Avenue.
    The results of the Phase I investigation provided the basis for the 
soil cap design. The landfill waste delineation determined the 
necessary extent of the soil cap to be constructed, the landfill cover 
thickness information supported the soil cap grading requirements, and 
the landfill gas monitoring verified that a passive gas migration 
control/venting system would be necessary in a localized area of the 
landfill adjacent to E. Atlantic Avenue. NJDEP approved the June 16, 
1999 Phase I Remedial Action Report (RAR) August 1999.
    The PRP Group's consultant engineer, Environmental Resources 
Management (ERM), prepared remedial design plans and specifications, 
which NJDEP approved May 30, 2001 in the Phase II RAWP. ERM also served 
as the construction quality assurance (CQA) consultant to the PRP 
Group. On November 1, 2001, the PRP Group selected Envirocon, Inc. as 
the RA contractor for the construction of the soil cap. The contractor 
started construction in December of 2001.
    The Phase II remedial actions included: Modification of existing 
groundwater monitoring well risers located within the areal extent of 
the cap system; regrading of the Site to achieve designed subgrade 
elevations; construction of an 18-inch soil cap over the subgrade, 
which included the placement of 12 inches of general fill (cover soil) 
and 6 inches of topsoil; hydroseeding of disturbed areas; installation 
of slope bench drains, downslope drains, and construction of three 
percolation basins; construction of a passive trench gas migration 
control/venting system parallel with and adjacent to East Atlantic 
Avenue; installation of a site security fence around the Site 
perimeter; and, construction of access roads.
    EPA accompanied NJDEP during a pre-final Site inspection held on 
June 26, 2002. Minimal deficiencies were found and few punch list items 
were identified. Activities at the Site were found to be completed and 
in accordance with Close Out Procedures for National Priorities List 
Sites (OSWER Directive 9320.2-09A-P). Construction of the soil cap 
system was completed July 2002. The NJDEP approved the October 30, 2002 
Phase II RAR on March 7, 2003.

Cleanup Goals

    There were no cleanup goals required under CERCLA. The construction 
was performed under NJDEP oversight. NJDEP has determined that the RA 
was constructed consistent with the ROD as amended by the ESD and the 
Phase II RAWP and issued a No Further Action (NFA) determination on 
August 18, 2006.

Community Involvement

    Community involvement relative to the landfill remedial action was 
solicited throughout the RI/FS and RD/RA process. The RI and FS Reports 
(prepared by Camp Dresser & McKee Inc.), which include the proposed 
remedial action alternative for the Site, were released to the public 
August 25, 1989. These documents were made available to the public at 
two information repositories: The Egg Harbor Township Municipal 
Building, Bargaintown, New Jersey and the Atlantic County Library, 
Bargaintown, New Jersey. Additional documentation regarding the remedy 
selection was made available within the administrative record for the 
remedy, which was placed in the NJDEP Division of Hazardous Site 
Mitigation, Bureau of Community Relations, in Trenton, New Jersey. The 
notice of availability for these documents was sent to residents, 
state, county, and local officials, and was published in local 
newspapers. In addition, a public meeting was held on August 18, 1989. 
At this meeting, representatives from NJDEP and EPA answered questions 
concerning the contamination and conditions at the Site and the 
remedial alternatives under consideration.
    Community concerns regarding the landfill have remained at a 
moderate to low level throughout the remedial action activities. The 
major concern had been contamination of residential and business water 
supply wells. However, this concern was mitigated by the installation 
of a public water supply system proximate to the Site for area wide 
contamination of groundwater.

Determination That the Site Meets the Criteria for Deletion in the NCP

    One of the three criteria for site deletion is that ``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.'' The contribution to that risk from 
exposure to soil was estimated to be 7 x 10-6, which is 
within the acceptable risk range. Since then, the landfill has been

[[Page 40089]]

capped, thereby eliminating direct contact with contaminated soil. The 
site is also fenced, prohibiting trespassing. Exposure to groundwater 
contributed a risk of 3 x 10-4 and an HI of 3.3 to the 
overall risk and hazard calculations for the site. If the groundwater 
risk assessment were performed today, following the practices for 
calculating an exposure point concentration (an upper bound estimate of 
the mean concentration) described in the Risk Assessment Guidance for 
Superfund, Part A (1989), and later clarified in the ``Supplemental 
Guidance to RAGS: Calculating the Concentration Term'' (1992), the risk 
and hazard estimates would be within the acceptable risk range. 
Therefore, EPA determined that no response action under CERCLA was 
appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of New Jersey through the 
New Jersey Department of Environmental Protection, has determined that 
all appropriate response actions under CERCLA, have been completed. 
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 October 13, 2009 unless EPA receives significant adverse 
comments by September 10, 2009. If significant 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. 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 27, 2009.
George Pavlou,
Acting Regional Administrator, Region II.

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. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.


0
2. Table 1 of Appendix B to part 300 is amended by removing ``Delilah 
Road'', ``Egg Harbor Township, NJ.''

[FR Doc. E9-19066 Filed 8-10-09; 8:45 am]
BILLING CODE 6560-50-P