[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50044-50048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL 9717-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the W.R. Grace & Co., Inc./Wayne 
Interim Storage (USDOE) Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region II is 
publishing a direct final Notice of Deletion of the W.R. Grace & Co., 
Inc./Wayne Interim Storage (USDOE) Superfund Site (the Site), located 
at 868 Black Oak Ridge Road, Wayne Township, NJ 07470, 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 Jersey, through the 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 on September 30, 2012, 
unless EPA receives adverse comments by September 19, 2012. 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-2005-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: [email protected].
     Fax: 212-637-3256.
     Mail: Paul G. Ingrisano, Project Manager, Federal 
Facilities Section, Emergency & Remedial Response Division, U.S. EPA, 
Region II, 290 Broadway, 18th floor, New York, NY 10007-1866.
     Hand Delivery: U.S. EPA Superfund Records Center, Region 
II, 290 Broadway, 18th floor, New York, NY 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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. EPA Superfund Records Center, Region II, 290 Broadway, 18th floor, 
New York, NY 10007-1866. Business hours: 9 a.m. to 5 p.m., Monday 
through Friday. Phone 212-637-4308.
Wayne Public Library, 461 Valley Road, Wayne, NJ 07470. Business hours: 
9 a.m. to 9 p.m., Monday through Thursday; 9 a.m. to 5:30 p.m., Friday; 
10 a.m. to 5 p.m., Saturday; closed Sunday, June through August; 1 p.m. 
to 5 p.m., September through May. Phone 973-694-4272.

FOR FURTHER INFORMATION CONTACT: Paul G. Ingrisano, Project Manager, 
U.S. EPA, Region II, 18th Floor, 290 Broadway, New York, NY 10007-1866, 
212-637-4337, email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region II is publishing this direct final Notice of Deletion of 
the Site, from the NPL The NPL constitutes Appendix B of 40 CFR part 
300, which is the NCP, which EPA promulgated pursuant to section 105 of 
CERCLA, 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 
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 on September 30, 2012, unless 
EPA receives adverse comments by September 19, 2012. 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 on this deletion action, EPA will publish a

[[Page 50045]]

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 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 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 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, The 
North Jersey Herald & News. 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 information provides EPA's rationale for deleting the 
W.R Grace & Co., Inc./Wayne Interim Storage (USDOE) Superfund Site (the 
Site) from the NPL:

Site Background and History

    The Site is approximately 6.5 acres located at 868 Black Oak Ridge 
Road at the intersection with Pompton Plains Cross Road in Wayne 
Township, Passaic County, New Jersey. The Vicinity Properties (VPs) are 
commercial and residential areas, and a Township Park, all located 
within one-half mile to the west and west-southwest of the Site which 
were affected by contaminant migration from the Site along Sheffield 
Brook, which flows downstream to the Pompton River. The Site is in a 
highly developed area of northern New Jersey, approximately 20 miles 
north-northwest of Newark, New Jersey. The Site CERCLIS ID Number is 
NJ1891837980.
    From 1948 through 1957, Rare Earths, Inc. processed monazite sand 
at the Site to extract thorium and rare earth metals. The Davison 
Chemical Division of W.R. Grace acquired the Site in 1957 and 
processing activities continued until July 1971. After processing 
ceased in 1971, the facility was licensed by the Atomic Energy 
Commission (AEC) for storage only. In 1974, W.R. Grace partially 
decontaminated the Site. Some buildings were razed and the rubble and 
processing equipment were buried on the property.
    In 1974, the Nuclear Regulatory Commission (NRC) assumed licensing 
responsibilities formerly held by the AEC. In 1975, the storage license 
for radioactive materials was terminated by the NRC following Site 
decommissioning and the Site was released without radiological 
restriction; the only stipulation was that the property deed state that 
radioactive materials were buried on the property.
    In 1981, as part of the review of formerly licensed facilities, the 
NRC measured direct radiation levels and radionuclide concentrations in 
soil on the Site. Elevated survey measurements were noted, indicating 
the Site was contaminated with radium (Ra)-226, thorium (Th)-232, and 
uranium (U)-238, and associated daughter products. The chemical 
contaminants of concern (COC) are antimony, arsenic, chromium, lead, 
mercury, molybdenum, and thallium.
    In July 1983, the U.S. Department of Energy (USDOE) was authorized 
by the Energy and Water Development Appropriations Act of 1984 to 
conduct a decontamination research and development project at the Site. 
From 1984 to October 1997, the USDOE managed the Site under the 
Formerly Utilized Sites Remedial Action Program (FUSRAP). The Site was 
proposed to the NPL on September 8, 1983, (48 FR 40674). The Site was 
included on the NPL on September 21, 1984 (49 FR 37070). In September 
1985, ownership of the Site transferred from W.R. Grace & Co. to the 
U.S. Government.
    In July 1990, the USDOE signed a Federal Facility Agreement (FFA) 
that established cleanup responsibilities under CERCLA. The FFA was 
signed by the EPA in September 1990.
    In October 1997, Congress transferred administration and execution 
of the FUSRAP program from the USDOE to the U.S. Army Corps of 
Engineers (USACE) in the Energy and Water Development Appropriations 
Act of 1998. In March 1998, the original USDOE/EPA Site FFA was 
renegotiated between EPA and the USACE.
    Between 1985 and 1987, the USDOE conducted removal actions to 
remove contaminated material from some of the off-site VP locations in 
the vicinity of the Site. The adjacent VPs had received contaminants 
during historical W.R. Grace processing operations, which required 
remediation. Excavated soils

[[Page 50046]]

and debris were stored at the Site where the historic thorium 
processing operations occurred because no disposal facilities were 
available which were licensed or permitted to accept radiological 
wastes at the time. These actions were outlined in the Action 
Description Memorandum, Proposed FY 1984 Remedial Actions at Wayne, New 
Jersey (1984).
    During 1993, removal actions at the remaining Site VPs were 
conducted under the Engineering Evaluation/Cost Analysis (EE/CA) for 
the Proposed Removal of Contaminated Materials from Vicinity Properties 
at the Wayne Site (1993). The majority of the waste from the 1993 
cleanup actions was shipped directly to a commercial disposal facility. 
A small amount of contaminated soil from the 1993 cleanup actions was 
added to the interim storage pile at the Site due to off-site waste 
disposal constraints in effect at the time.
    For the VPs surrounding the Site, the USDOE implemented residual 
contamination guidelines governing the release of formerly contaminated 
property for unrestricted use. The DOE Guidelines for Residual 
Radioactivity at FUSRAP and Remote SPMP Sites (1985), provided the 
following guidelines:
     External gamma radiation levels on a site released for 
unrestricted use to not exceed 20 microRems/hour above the ground 
surface;
     Maximum permissible concentration of Ra-226 and Th-232 in 
soil above background levels averaged over 100 cubic meters; 5 
picoCuries/gram (pCi/g) averaged over the first 15 centimeters (cm) of 
soil at the surface; 15 pCi/g when averaged over 15-cm thick soil 
layers more than 15 cm below the surface (i.e., for sub-surface soils 
at depths greater than 15 cm); and,
     Maximum permissible concentration of U-238 in soil; 150 
pCi/g above background.
    The guidelines were derived using conservative assumptions 
protective of human health and the environment. The USDOE applied the 
surface and subsurface soil criteria when evaluating the effectiveness 
of the removal actions. The USDOE implemented the guidelines on the 
basis of compatibility with the criteria used for the same purpose by 
the EPA. No further removal was conducted when sampling data 
demonstrated that the residual contamination guidelines for soil were 
met for that property.
    The USDOE revised the guidelines in the early 1990's by the 
application of the As Low As Reasonably Achievable (ALARA) principle. 
In applying the principle of reducing exposure to levels ALARA, the 
USDOE established cleanup goals for properties of 5 pCi/g, regardless 
of depth of contamination. These guidelines applied to Th-232 and Ra-
226 concentrations; however, they were not applicable to naturally 
occurring background radioactivity in soils near the Site.
    In 1997, when disposal facilities which were licensed or permitted 
to accept radiological wastes came online, the approximately 38,500-
cubic yard interim storage pile was removed by the USDOE and shipped 
off-site for disposal.
    Approximately 41,500 cubic yards of buried contaminated materials 
within the footprint of the former interim storage pile were removed 
and shipped off-site for disposal by the USACE under a separate CERCLA 
removal action that began in 1998. This action is documented in the 
Engineering Evaluation/Cost Analysis for the Removal of Subsurface 
Materials at the Wayne Site (1998).

Remedial Investigation and Feasibility Study

    The Site was addressed through a Remedial Investigation/Feasibility 
Study (RI/FS) process which evaluated the conditions at the Site, the 
need for remedial action, and the possible cleanup alternatives. In 
late 1989, the USDOE began an intensive study of the remaining 
contamination at and around the Site. The field work was completed in 
December 1991. Historical data and the results documented in the RI 
Report (1993) delineated the nature and extent for contamination. The 
Baseline Risk Assessment (BRA) evaluated potential health and 
ecological risks if no remedial action was taken at the Site. The BRA 
determined that remedial action was warranted because of the potential 
for cancer risks above the upper risk threshold of 10-4 
identified by EPA as protective to occur if existing institutional 
controls are not maintained in the future. The main exposure pathway of 
concern was direct contact with radiologically contaminated soils 
remaining at the Site.
    The FS Report (1999) evaluated the alternatives for remedial action 
at the Site. The evaluation of a range of remedial actions for the Site 
was based upon the risk assessment presented in the FS. The overall 
strategy was to address the radioactively contaminated wastes which had 
been disposed at the Site. The FS evaluated technologies that were 
appropriate for the media of concern, developed and screened 
alternatives capable of addressing the contaminated media, and 
evaluated in detail a subset of the developed alternatives using 
evaluation criteria specified under CERCLA.

Selected Remedy

    In May 2000, the EPA and the USACE issued a Record of Decision 
(ROD) identifying the selected remedy to address the remaining 
radioactive wastes, chemical waste, operations building demolition, and 
groundwater at the Site. The Remedial Action Objectives specified in 
the ROD were:
     To eliminate or minimize the potential for humans to 
ingest, come into dermal contact with, or inhale particulates of 
radioactive constituents, or to be exposed to external gamma radiation 
to achieve the level of protection required by the NCP (10-4 
to 10-6 risk range) and meet the substantive requirements of 
10 CFR part 20, subpart E.
     To reduce chemical COC levels in impacted media to levels 
that would be protective based on site-specific risk and groundwater 
impact evaluations.
     To return impacted groundwater to conditions consistent 
with groundwater applicable or relevant and appropriate requirements 
(ARARs).
     To protect the integrity of the clay layer in order to 
ensure protection of the lower groundwater aquifer.
     To reduce potential exposure to radium and thorium in soil 
to levels that would be protective for the intended land use as 
established by site-specific risk analysis.
     To reduce exposure to uranium to levels that would be 
protective for the intended land use.
     To eliminate or minimize toxicity, mobility, and/or volume 
of impacted soils.
     To eliminate or minimize the potential migration of 
contaminants into stream and storm drain sediments by surface water 
runoff, or by infiltration or percolation that would result in 
contamination of the groundwater.
     To comply with chemical and action-specific ARARs.
     To prevent exposures from radioactivity in buildings and 
structures greater than the guideline limits.
     To access and address the contaminated soils beneath the 
building.
     To eliminate or minimize potential exposure to external 
gamma radiation.
     To eliminate or minimize toxicity or mobility, and/or 
volume of contaminants.

The major components of the selected remedy and remedial actions 
performed at the Site are summarized below:

     Excavation and disposal of the remaining contaminated 
subsurface

[[Page 50047]]

materials to an average concentration of 5 pCi/g of Ra-226 and Th-232 
combined, above naturally occurring background concentrations at the 
Site, and an average concentration of 100 pCi/g of total uranium above 
naturally occurring background, as determined by surveys consistent 
with the Multi-Agency Radiation Survey and Site Investigation Manual 
(MARSSIM) (2000).
     Excavation and disposal of chemically contaminated soils 
above levels calculated to be protective of groundwater or above levels 
protective for unrestricted uses of the property (with regard to 
chemicals of concern) as specified in the ROD.
     Decontamination and demolition of the site operations 
building on the Site, removal and off-site disposal of demolition 
debris, and removal and off-site disposal of contaminated materials 
under this building.
     Removal and treatment of groundwater encountered during 
excavation to meet the pretreatment discharge standards of the 
receiving Publicly Owned Treatment Works prior to release.
     Implementation of a five-year groundwater monitoring 
program to establish groundwater quality after contaminated soil has 
been removed.
     Maintenance of the integrity of the subsurface clay layer 
that acts as a hydraulic barrier protecting the lower aquifer at the 
Site.
     Site restoration activities that will allow for beneficial 
unrestricted use in the future.

Remedial Actions

Wayne Interim Storage Site (The Site)
    Under the May 2000 ROD, an additional 55,410 cubic yards of 
contaminated material and building debris were excavated and disposed 
of at an off-site licensed disposal facility. The elements of the 
remedial construction activities and construction quality assurance and 
quality control (QC) are detailed in the Post Remedial Action Report 
Wayne Interim Storage Site (PRAR) (2004). The USACE managed and 
supervised all construction activities to ensure compliance with the 
remedial design, work plans, and construction specifications. The EPA 
provided oversight of the cleanup actions.
Vicinity Properties
    Following the remedial actions at the Site, the USACE reviewed the 
cleanup actions previously taken by the USDOE at the VPs. The review 
consisted of comparing the USDOE radiological screening and sampling 
data from the VPs and the unrestricted use criteria applied by the 
USDOE to the cleanup values established in the ROD, and as appropriate, 
the State of New Jersey Administrative Code.
    A Technical Memorandum documented the evaluation of the VPs and 
specifically identified and listed each property previously remediated 
by the USDOE. On the basis of this paper review, the USACE conducted 
additional subsurface soil sampling at four VPs in May and June 2003. 
Following the review and sampling, the USACE determined that prior 
USDOE actions were sufficient to meet the ROD cleanup criteria at all 
VPs, with the exception of the Wayne Township (Sheffield) Park and a 
small right-of-way (ROW) area adjacent to the Pompton Plains Cross 
Road.
    The USACE conducted additional excavation and off-site disposal of 
contaminated residual soils in July and August 2003 at the Wayne 
Township (Sheffield) Park and the road ROW property consistent with the 
cleanup levels documented in the ROD. These actions were documented in 
an Explanation of Significant Differences (ESD) (2003). Final Status 
Surveys performed in compliance with MARSSIM demonstrated that ROD 
cleanup levels were achieved for radiological and chemical constituents 
of concern. Approximately 2,300 cubic yards of additional soil were 
excavated from these two VPs.
    The elements of the remedial construction activities including 
construction QC requirements, the USACE inspections, post-excavation 
final status surveys, and final as-built drawings, are described in the 
Post Remedial Action Report Wayne Interim Storage Site Vicinity 
Properties Wayne Township (Sheffield) Park (2008) and Post Remedial 
Action Report Wayne Interim Storage Site Vicinity Properties Pompton 
Plains Crossroad Right-of-Way Property (2008). The USACE managed and 
supervised all construction activities at the VPs to ensure compliance 
with the remedial action work plans and construction specifications. 
The EPA provided oversight of the cleanup actions.
    Transfer of the real property at 868 Black Oak Ridge Road, Wayne 
Township, New Jersey from the U.S. Government to the Township of Wayne 
was completed in 2006.
Inaccessible Soils
    After the remediation of the Site, documented in the PRAR, it 
became necessary to examine the then-current status of a section of 
Black Oak Ridge Road and Pompton Plains Cross Road that is adjacent to 
the Site. In August 2004, a characterization survey of this roadway was 
performed and the results showed areas of subsurface contamination 
remained along certain roadway and utility features. These findings 
were also documented in the EPA Five-Year Review, indicating that this 
area would need to be addressed in the future.
    The previously inaccessible soils in this area were made accessible 
and addressed in 2009 and 2010. During the 2009 remediation at the 
Black Oak Ridge Road, a total of 13 intermodal containers were filled 
with 475,000 pounds (237 tons) of contaminated soil and disposed of at 
U.S. Ecology in Grandview, Idaho (USEI). During the 2010 remediation, 
43 containment sacks containing 447,550 pounds (224 tons) of 
contaminated soil, pipe, and debris were disposed of at USEI.
    For radiologically-contaminated soil below the Black Oak Ridge Road 
roadway, the selected remedy in the ROD, complete excavation and off-
site disposal, was applied. All regions of contamination in previously 
inaccessible soils under the Black Oak Ridge Road have been completely 
remediated. The analytical data presented in the Construction Close-Out 
Report for Roadways and Inaccessible Soils (2011) demonstrate 
compliance with the unrestricted use cleanup criteria as set forth in 
the ROD.
Groundwater Monitoring
    A Long-Term Groundwater Monitoring Program was implemented to 
monitor groundwater quality at the Site within the unconfined and 
confined aquifers for a period of five years from the conclusion of 
remedial activities. Criteria in the ROD were used to evaluate 
radioactive and chemical constituent results. A total of 21 wells were 
monitored from 2002 until 2006 in accordance with the Wayne Interim 
Storage Site Long-Term Groundwater Monitoring Plan Addendum for USACE 
In-House Sampling (2003).
    Over the course of the five-year monitoring period, a few results 
did exceed ROD and other criteria, but did not impact the conclusion 
that all groundwater criteria in the ROD had been met. Arsenic was 
detected in one well in excess of the ROD criteria, but did not exceed 
the EPA maximum contaminant level. This well was in a confined aquifer 
located up-gradient of all former disposal areas and was considered 
representative of background conditions. Chromium was detected above 
the ROD criteria in one monitoring well during the May 2006 sampling 
event. The elevated result was

[[Page 50048]]

found in a well that was in a confined aquifer located up-gradient of 
all former disposal areas. The well was considered to be representative 
of background conditions. The source of the elevated reading was 
attributed to chromium leaching into the well water column from the 
stainless steel well casing and screen. Previously, an on-site 
stainless steel well demonstrated similar elevated chromium results and 
was replaced by a polyvinyl chloride (PVC) well. The PVC-cased well 
demonstrated true groundwater chromium much less than the ROD criteria.
    Following the March 2006 sampling event, the USACE determined that 
all monitoring requirements set forth in the ROD had been met. The 
Five-Year Review Report completed by EPA in September 2008 stated that 
the groundwater monitoring program requirements, as established in the 
ROD, had been met. The 21 monitoring wells were abandoned in September 
2011 in accordance with New Jersey Department of Environmental 
Protection (NJDEP) regulations, specifically Well Construction and 
Maintenance; Sealing of Abandoned Wells, N.J.A.C. 7:9D.

Cleanup Goals

    The cleanup levels for contaminated soils and groundwater at the 
Site and VPs are listed in Table 1, of the Final Close-Out Report for 
the W.R. Grace and Co./Wayne Interim Storage Site (2012). Attainment of 
these levels will allow for unrestricted use and unlimited exposure of 
the properties, as demonstrated in the risk assessment.
    Post remedial action sampling was conducted following excavation at 
the Site property and VPs including the Wayne Township (Sheffield) 
Park, a small ROW area adjacent to the Pompton Plains Cross Road, and a 
section of Black Oak Ridge Road. Access was obtained to all properties 
and soil was excavated. Post excavation sampling indicated all cleanup 
levels for these soils had been met.
    After five years of groundwater monitoring, the USACE determined 
that all monitoring requirements set forth in the ROD had been met. 
This was stated in the 2008 Five-Year Review Report.

Operation and Maintenance

    No ongoing monitoring or maintenance is required by the U.S. 
Government at the Site. The remediation of previously inaccessible 
soils in 2009 and 2010 allowed for the Site to be closed with no land 
use controls to monitor.

Five-Year Review

    The EPA published a Five-Year Review Report for the Site in 
September 2008. The assessment of this five-year review was that the 
selected remedy was functioning as intended by the decision documents 
and was protective of human health and the environment in the short-
term.
    The Issues, Recommendations, and Follow-Up Actions and 
Protectiveness Statement of the Five-Year Review Report both state that 
``the implemented remedy has left all groundwater and soils suitable 
for use without restriction, except for two suspected sub-soil areas 
which are currently not accessible.'' The areas in question were 
located beneath a roadway to which the USACE could not gain access for 
characterization and remediation. The Five-Year Review Report went on 
to explain that there were no current risks for either groundwater or 
soils and none were expected, as long as access controls for the 
inaccessible areas were maintained, resulting in the likely need for a 
deed restriction on the areas. However, funds made available through 
the American Reinvestment and Recovery Act of 2009 allowed the USACE to 
work with Passaic County and remediate the areas consistent with the 
selected remedy in the ROD and ESD. This remediation is documented in 
the Construction Close-Out Report for Roadways and Inaccessible Soils 
(2011).
    The remediation of previously inaccessible soils under the roadway 
allowed for the Site to be released for unrestricted use with no need 
for further Five-Year Reviews.

Community Involvement

    Public participation activities for this Site have been satisfied 
as required in CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 
9617. Throughout the removal and remedial process, EPA and the NJDEP 
have kept the public informed of the activities being conducted at the 
Site by way of public meetings, progress fact sheets, and the 
announcement through local newspaper advertisements on the availability 
of documents such as the RI/FS, Risk Assessment, ROD, Proposed Plan and 
the Five-Year Review Report.

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

    The Site meets all site completion requirements as specified in the 
OSWER Directive 9320.2-22, Close-Out Procedures for National Priorities 
List Sites. All remedial activities at the Site are complete and the 
implemented remedy achieves the degree of cleanup specified in the ROD 
and ESD, for all pathways of exposure. Therefore, EPA has determined 
that no further response action is necessary at the Site to protect 
human health and the environment.

V. Deletion Action

    The EPA, with concurrence of the State of New Jersey, through the 
Department of Environmental Protection, dated on June 22, 2012, 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 on September 30, 2012, unless EPA receives adverse 
comments by September 19, 2012. If 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 2, 2012.
Judith A. Enck,
Regional Administrator, Region II.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

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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.


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2. Table 2 of Appendix B to Part 300 is amended by removing ``W. R. 
Grace & Co., Inc./Wayne Interim Storage (USDOE)'', ``Wayne Township'' 
under NJ.

[FR Doc. 2012-20388 Filed 8-17-12; 8:45 am]
BILLING CODE 6560-50-P