[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Rules and Regulations]
[Pages 44920-44924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9183-2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the SMS Instruments, Inc. 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces 
the deletion of the SMS Instruments, Inc. Superfund Site (Site), 
located in Deer Park, Suffolk County, New York, 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 an appendix of 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 York, through the New York State Department of 
Environmental Conservation (NYSDEC), 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 will be effective September 13, 2010 
unless EPA receives significant adverse comments by August 30, 2010. If 
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-1986-0005, by one of the following methods:
     Web site: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: to the attention of Mark Dannenberg at (212) 637-
3966.
     Mail: Mark Dannenberg, Remedial Project Manager, Emergency 
and Remedial Response Division, U.S. Environmental Protection Agency, 
Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866.
     Hand Delivery: Superfund Records Center, 290 Broadway, 
18th Floor, and New York, NY 10007-1866 (telephone: 212-637-4308). Such 
deliveries are only accepted during the Record Center's normal hours of 
operation (Monday to Friday from 9 a.m. to 5 p.m.) and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. 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 
being CBI or otherwise protected through http://www.regulations.gov or 
via 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 comments. If you 
send e-mail comments to EPA, your e-mail address will be included as 
part of the comment that is placed in the public docket and made 
available on the Web site. If you submit electronic comments, EPA 
recommends that you include your name and other contact information in 
the body of your comments and with any disks or CD-ROMs that you 
submit. If EPA cannot read your comments due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comments. Electronic files should avoid the use of 
special characters and any form of encryption and should 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 hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
     Superfund Records Center, 290 Broadway, 18th Floor, New 
York, NY 10007-1866. Hours: Monday to Friday

[[Page 44921]]

from 9 a.m. to 5 p.m., Phone: 212-637-4308.
     New York State Department of Environmental Conservation, 
Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York 
11790, Phone: 631-444-0240.

FOR FURTHER INFORMATION CONTACT: Mark Dannenberg, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 
10007-1866, telephone (212) 637-4251; fax (212) 637-3966; 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
V. Deletion Action

I. Introduction

    EPA Region 2 is publishing this direct final Notice of Deletion of 
the SMS Instruments Superfund Site (Site) 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 
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, a site deleted from the NPL remains 
eligible for remedial actions if conditions at the site warrant such 
action.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 13, 2010 unless EPA 
receives significant adverse comments by August 30, 2010. 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 adverse comments are received within the 30-day public 
comment period of 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, 
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 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 SMS Instruments, Inc. 
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 parties have implemented all 
appropriate response actions required; or
    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further 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 
the environment and, therefore, 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 York 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 York Department of 
Environmental Conservation, 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 The South Bay News, a major 
local newspaper. 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 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 summary provides EPA's rationale for deleting SMS 
Instruments Superfund Site (EPA ID: NYD001533165) from the NPL:

Background

    The Site is a 1.5-acre facility located at 120 Marcus Boulevard in 
Deer Park, New York. The facility was in operation from 1967 to 1990. 
The Site is in a light industrial and residential area and includes a 
34,000 square-foot building. About 90% of the lot is covered by either 
the building or asphalt pavement. Primary operations at the SMS 
Instruments facility consisted of overhauling of military aircraft 
components which included the following operations: Cleaning, painting, 
degreasing, refurbishing, metal machining, and testing of components. 
Industrial wastes generated from degreasing and other refurbishing 
operations were discharged to a leaching pool on Site. Other sources of 
contamination included a 6,000 gallon Underground Storage Tank (UST) 
used for jet fuel storage and corroded and leaking drums stored 
outdoors in an unprotected area.
    The site is located on the outwash plain of Long Island. The site 
elevation is approximately 75 feet above mean sea level. Topography is 
generally flat with the exception of a steep embankment leading to a 
large basin 50 feet from the eastern property line. The basin is within 
a major recharge zone for both

[[Page 44922]]

the Upper Glacial and Magothy aquifers, which supply water to the 
entire island. The uppermost aquifer, the Upper Glacial, underlies the 
site. The depth to the water table is approximately 20 feet below 
grade. The saturated portion of the Upper Glacial aquifer, with a 
thickness of 100 feet, begins at the water table and extends down to 
120 feet below grade. The Upper Glacial aquifer is underlain by the 
Magothy aquifer which is approximately 900 feet thick in the vicinity 
of the site. The groundwater flow direction is southerly for the Upper 
Glacial aquifer. Land use within the immediate vicinity of the site is 
light industrial, but predominant land use in the surrounding area is 
commercial and residential. Approximately 5,000 residences are within 1 
mile of the site.
    A preliminary assessment of the Site was performed by EPA in 1982 
to determine its hazard ranking. Based upon the analytical results, 
which indicated that the groundwater in the vicinity of the Site 
contained various volatile organic compounds, the Site was listed on 
the New York State Registry of Inactive Hazardous Waste Disposal Sites 
as a ``Class 2 Inactive Hazardous Waste Site'' in 1985.
    The Site was added to the NPL on June 10, 1986 (51 FR 21054).

Remedial Investigation and Feasibility Study (RI/FS)

    The first Remedial Investigation and Feasibility Study (RI/FS) for 
the site was initiated in April 1987 and completed in June 1989. 
Through the site investigations, EPA determined that the contaminants 
of concern present in soils, and in the groundwater were volatile 
organic compounds (VOCs). Contaminants of concern at the site included 
benzene, toluene, chlorobenzene and xylene in both soils and 
groundwater. The site-related VOC groundwater contaminant plume was 
determined to have a cross-width of less than 70 feet and to extend 
vertically into the shallow portion (upper 40 saturated feet) of the 
Upper Glacial aquifer. In addition, EPA determined from the risk 
assessment that the contaminants in the groundwater in the shallow 
portion of the Upper Glacial aquifer at the site, if not addressed, 
pose an unacceptable cancer risk and noncancer hazard. Groundwater 
contamination was also identified in the groundwater upgradient of the 
site which was attributed to upgradient sources other than those at the 
SMS Instruments site. Groundwater remediation addressed both site-
related and upgradient contaminant to State and Federal drinking water 
standards.

Selected Remedy

    A Record of Decision (ROD) was signed on September 29, 1989 for 
Operable Unit 1 (OU-1), which addressed contaminated soil and 
groundwater related to the Site. The ROD selected two media-specific 
remediation actions, one for soil and one for groundwater. The 
following are the Remedial Action Objectives: (1) Remove the site-
related sources of contamination into the groundwater to expedite 
compliance with Federal and State groundwater standards; (2) prevent 
potential future ingestion of site-related contaminated groundwater; 
(3) restore the quality of groundwater contaminated from the site-
related activities to levels consistent with the Federal and State 
drinking water and groundwater quality standards; and (4) mitigate 
migration from the site of the site-related contaminated groundwater. 
The ROD specified the following remedial action components: (1) In-situ 
air stripping (soil vapor extraction), of the contaminated soil in the 
southeastern portion of the property in the area of high VOC 
contamination; (2) extraction of the site-related groundwater 
contaminant plume present in the upper 50 feet of the saturated Upper 
Glacial aquifer; (3) treatment of contaminated groundwater to drinking 
water standards; (4) reinjection of the treated groundwater into the 
Upper Glacial aquifer; and (5) disposal of treatment residuals, as 
appropriate.
    As a requirement of the first ROD for the Site a second RI/FS was 
performed (as Operable Unit 2 (OU-2)) to determine the presence/
existence of offsite, upgradient sources of contamination. No 
upgradient sources of contamination were found and a ROD for OU-2 was 
signed on September 27, 1993 which selected a ``no-action'' remedy.

Response Actions

    The owner of the property negotiated a settlement with EPA in 1988 
and the EPA took over all work associated with OU-1 and OU-2 Remedial 
Design and Remedial Action activities. The Remedial Design of the 
remedies was performed by CDM Federal, Inc. on behalf of EPA. The 
Remedial Action was implemented in two phases: Soil remediation and 
groundwater remediation.

Soil Remediation

    Based on data from the RI and knowledge of the locations of the two 
primary source areas, namely, the underground cesspool and former UST, 
EPA's contractor (CDM Federal, Inc.) prepared a remedial design for a 
Soil Vapor Extraction System (SVE) to remediate these source areas. CDM 
Federal, Inc. initiated the construction of the SVE system in October 
1991; the construction was completed in April 1992 and operation of the 
SVE system began shortly thereafter. Soil contamination in the soil 
vadose zone, within each of the two source areas, was remediated of 
VOCs (predominantly benzene, toluene, ethylbenzene, and xylenes (BTEX)) 
down to the water table depth approximately 20 feet below ground 
surface. Operation of the SVE system continued until November 1993, 
when it was determined (and confirmed by soil sampling) that all soil 
cleanup levels had been achieved. During the soil remedial action 
activities, CDM collected groundwater samples to monitor the 
contaminant levels at the site. In addition, CDM's subcontractor 
continuously monitored the influent and effluent air streams to, and 
from, the SVE system to assure treatment was being performed in 
accordance with the performance requirements of the site-specific 
Monitoring Plan. Demobilization of soil remediation equipment occurred 
in March 1994. A Remedial Action Report, documenting the completion of 
the remedial action, was approved by EPA on September 22, 1994.

Groundwater Remediation

    On-site construction activities were initiated in August 1993. 
Construction of the groundwater treatment system was completed in June 
1994. The system began full operation in September 1994. The 
groundwater remedy consisted of pumping contaminated groundwater out of 
the aquifer, treating it through air stripping and carbon adsorption, 
and reinjecting it into the aquifer. The Remedial Action Report 
documenting the completion of the construction of the groundwater 
remediation system at the site was signed on March 31, 1995. The total 
flow rate through the treatment plant was approximately 90 gallons per 
minute (gpm), pumped from two extraction wells. The system was in 
almost continuous operation from September 1994 through September 2005, 
treating a total of approximately 500 million gallons of contaminated 
groundwater. It should be noted that, due to frequent clogging of the 
injection wells, permission was granted (from the Town of Babylon) to 
discontinue use of the injection wells and discharge the treated 
groundwater directly into the recharge basin located adjacent to the 
site. The requirements for this discharge

[[Page 44923]]

are the same as those for reinjection back into the aquifer. The 
groundwater treatment plant was decommissioned in 2007. The final 
building demolition and concrete foundation removal was completed in 
December 2007. In May 2008, NYSDEC issued the Final Pump and Treat 
System Dismantlement Report.
    In 2005, EPA secured a REAC Contract with EarthTech, Inc. to pilot 
an alternative technology in order to decrease the time frame and the 
cost required to remediation groundwater contamination at the Site. 
EarthTech, Inc. built a transportable air-sparging system, installed 
the system on Site, attached the system to sparging wells, and began 
operating the system in May 2005. The air-sparging system successfully 
remediated the residual contamination that was the source of ongoing 
groundwater contamination. The air-sparging system was turned off in 
January 2010.

Cleanup Goals

    The table below summarizes the cleanup goals for the soils and 
groundwater:

------------------------------------------------------------------------
                                        Cleanup        Chemical specific
                                     objectives for        ARAR for
           Contaminant              subsurface soil       groundwater
                                       ([mu]g/kg)          ([mu]g/L)
------------------------------------------------------------------------
Trans-1,2 dichloroethane.........                500                 5
Tetrachloroethene................              1,500                 0.7
Trichloroethene..................              1,000                 5
Total Xylenes....................              1,200                 5
Ethylbenzene.....................              5,500                 5
Chlorobenzene....................              1,600                 5
1,1-dichloroethane...............  .................                 5
1,4-dichlorobenzene..............              1,000                 4.7
1,3-dichlorobenzene..............              1,500                 5
1,2-dichlorobenzene..............              1,000                 4.7
Naphthalene......................              1,000                 5
1,2,4-trimethylbenzene...........              3,600                 5
1,3,5-trimethylbenzene...........              8,400                 5
------------------------------------------------------------------------

    Groundwater monitoring was performed quarterly from 1994 to 2002 
and at least semi-annually from 2003 to 2005. From 2005 to 2010, 
groundwater monitoring was conducted on an annual basis. When the 
groundwater pump and treat system was shut down in 2005, groundwater 
monitoring results indicated excursions of contaminant concentrations 
above cleanup goals localized in the vicinity of monitoring well MW-6S. 
Once the air-sparging unit began operation, groundwater monitoring data 
in 2008 and 2009 indicated three slight excursions above drinking water 
standards at the same monitoring well. The last groundwater monitoring 
event, in January 2010, indicated compliance with NYS Class GA drinking 
water standards for all site-related and upgradient contaminants in all 
site-related monitoring wells, including monitoring well MW-6S.

Five-Year Review

    Hazardous substances at the Site are at levels that allow for 
unlimited use and unrestricted exposure. Pursuant to Section 121(c) of 
CERCLA, EPA reviews site remedies where such hazardous substances, 
pollutants, or contaminants remain no less often than every five years 
after the initiation of a remedy at a site. EPA conducted a five-year 
review of the Site in July 2006. The five-year review led EPA to 
conclude that human health and the environment are being protected by 
the remedial action implemented at the Site. As hazardous substances at 
the Site are at levels that allow for unlimited use and unrestricted 
exposure, no future five-year reviews are necessary.

Community Involvement

    Public participation activities for this Site have been satisfied 
as required in CERCLA Sections 113(k) and 117. As part of the remedy 
selection process, the public was invited to comment on EPA's proposed 
remedies. All other documents and information which EPA relied on or 
considered in recommending this deletion are available for the public 
to review at the information repositories identified above.

Applicable Deletion Criteria/Statute Concurrence

    All of the completion requirements for this Site have been met, as 
described in EPA's July 2010 Final Close Out Report. The State of New 
York, in a July 7, 2010 letter concurred on the proposed deletion of 
this Site from the NPL.
    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 
York, through NYSDEC, believes that this criterion for deletion has 
been met. Consequently, EPA is deleting this Site from the NPL. 
Documents supporting this action are available in the Site files.

V. Deletion Action

    The EPA, with the concurrence of the State of New York, through 
NYSDEC, 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 September 13, 2010 unless EPA receives adverse comments by 
August 30, 2010. If adverse comments are received within the 30-day 
public comment period of this 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, 
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 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, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping

[[Page 44924]]

requirements, Superfund, Water pollution control, Water supply.

    Dated: July 20, 2010.
Judith A. Enck,
Regional Administrator, USEPA, 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. 9601-9657; 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 ``SMS 
Instruments, Inc,'' ``Deer Park'', ``NY.''

[FR Doc. 2010-18774 Filed 7-29-10; 8:45 am]
BILLING CODE 6560-50-P