[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5957-5961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9922-37-Region-2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Fulton Terminals 
Superfund Site

AGENCY: United States Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Fulton Terminals Superfund site (Site), located in the 
City of Fulton, Oswego County, New York, consists of an ``On-Property'' 
portion, an approximately 1.5-acre parcel of land bounded on the west 
by First Street, on the south by Shaw Street, on the east by New York 
State Route 481, and on the north by a warehouse, and an ``Off-
Property'' portion, defined by the area between the On-Property 
portion's western property boundary to the Oswego River (approximately 
50 feet).
    The Environmental Protection Agency (EPA) Region 2, is publishing 
this direct final Notice of Partial Deletion (NOPD) of the On-Property 
portion of the Site 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 partial 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 at the On-Property portion of the Site and 
that the soil on the On-Property portion of the Site and the 
groundwater beneath the On-Property portion of the Site no longer pose 
a threat to public health or the environment. The NOPD pertains to the 
On-Property portion of the Site. The Off-Property portion of the Site 
will remain on the NPL. Because residual groundwater contamination 
remains in the Off-Property portion of the Site, groundwater monitoring 
and five-year reviews will still be required for this area. The partial 
deletion does not preclude future actions under Superfund.

DATES: This direct final partial deletion will be effective April 6, 
2015 unless EPA receives adverse comments by March 6, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of this 
direct final NOPD in the Federal Register, informing the public that 
the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
    Web site: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    Email: [email protected].
    Fax: To the attention of Christos Tsiamis at 212-637-3966.
    Mail: To the attention of Christos Tsiamis, 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, 
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 9:00 a.m. to 5:00 p.m.). Special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the 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 via 
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 comments. If you 
send comments to EPA via email, your email address will be included as 
part of the comment that is placed in the 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 because of technical difficulties and cannot contact 
you for clarification, EPA may not be able to consider your comments 
fully. 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 can be obtained either 
electronically at 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 from 9:00 a.m. to 5:00 p.m. and 
Fulton Public Library, 160 South First Street, Fulton, NY 13069, Phone: 
315-592-5159, Hours: Tue-Thu: 9:00 a.m.-7:00 p.m.,

[[Page 5958]]

Fri: 9:00 a.m.-5:00 p.m., Sat: 10:00 a.m.-3:00 p.m.

FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project 
Manager, by mail at Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, 
New York, NY 10007-1866; telephone at 212-637-4257; fax at 212-637-
3966; or email at [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 NOPD of the On-
Property portion of the Site from the NPL. The NPL constitutes Appendix 
B of 40 CFR 300, which is the NCP, which EPA promulgated pursuant to 
Section 105 of CERCLA, as amended. EPA maintains the NPL as the list of 
releases that appear to present a significant risk to public health, 
welfare, or the environment. The releases on the NPL may be the subject 
of remedial actions financed by the Hazardous Substance Superfund 
(Fund). This partial deletion of the Site is proposed in accordance 
with 40 CFR 300.425(e) and is consistent with the Notice of Policy 
Change: Partial Deletion of Sites Listed on the National Priorities 
List. 60 FR 55466 (Nov. 1, 1995). As described in Section 300.425(e)(3) 
of the NCP, a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions at the site warrant such 
actions.
    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 On-Property portion of the 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the On-Property portion of 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;
    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 (RI) 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.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. 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 the deletion of the On-Property 
portion of the Site.
    (1) EPA consulted with the State of New York prior to developing 
this direct final NOPD and the NOIPD also 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 NOIPD prior to their publication today, and the 
State, through the NYSDEC, has concurred on the deletion of a portion 
of the Site from the NPL.
    (3) Concurrent with the publication of this direct final NOPD, a 
notice of the availability of the parallel NOIPD is being published in 
a major local newspaper, the Palladium-Times. The newspaper notice 
announces the 30-day public comment period concerning the NOIPD of the 
On-Property portion of the Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed partial 
deletion in the Deletion Docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If adverse comments are received within the 30-day public comment 
period on this partial deletion action, EPA will publish a timely 
notice of withdrawal of this direct final NOPD before its effective 
date and will prepare a response to comments and continue with the 
deletion process based on the NOIPD and the comments received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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's 
management of sites. Section 300.425(e)(3) of the NCP states that the 
deletion of a site from the NPL does not preclude eligibility for 
further response actions should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides the Agency's rationale for 
deleting the On-Property portion of the Site from the NPL.

Site Background and History

    The Site (NYD980593099) includes an approximately 1.5-acre parcel 
of land situated approximately 10 miles southeast of the City of Oswego 
and 22 miles north-northwest of the City of Syracuse. The On-Property 
portion of the Site is bounded on the west by First Street, on the 
south by Shaw Street, on the east by New York State Route 481, and on 
the north by a warehouse.
    The On-Property portion of the Site is located in an industrial 
section of the City of Fulton, within 50 feet of the Oswego River, 
which is used for recreation. Residences, city and county offices and 
several businesses are located within a 1,500-foot radius of the Site.
    From 1936 to 1960, the primary activity at the Site was the 
manufacturing of roofing materials, which involved the storage of 
asphalt in above-ground tanks and fuel oil storage in underground 
tanks. From 1972 to 1977, the Site was used by Fulton Terminals, Inc. 
as a staging and storage area for solvents and other materials that 
were scheduled for incineration at the Pollution Abatement Services 
facility located in Oswego, New York. Operations at the Site resulted 
in the contamination of the groundwater, soil, and sediments with 
volatile organic compounds (VOCs).
    From 1981 to 1983, Fulton Terminals, Inc. removed several tanks as 
part of a voluntary cleanup program. These activities ceased in 1983 
after the facility operator was fined by NYSDEC for the improper 
disposal of polychlorinated biphenyls. The Site was listed on the NPL 
in 1982.

[[Page 5959]]

    EPA and certain potentially responsible parties (PRPs) conducted 
removal activities at the Site in 1986, consisting of the following: 
Constructing a seven-foot perimeter fence around the Site, posting 
warning signs, removing two above-ground tanks and two underground 
tanks, removing approximately 300 cubic yards of visibly-contaminated 
soil and tar-like wastes, and excavating storm drains that were acting 
as a conduit for contaminated runoff to enter the Oswego River during 
storm events. An additional removal action was performed in 1990 which 
involved the construction of earthen barriers for the prevention of 
surface runoff from the Site.

Remedial Investigation and Feasibility Study

    From 1985 to 1987, NYSDEC's contractor, URS Company, Inc., 
performed a RI/feasibility study (FS) at the Site. The RI/FS report 
that was generated from these efforts was declared invalid by NYSDEC 
because of problems associated with the laboratory analyses. A revised 
RI/FS report, based on additional sampling, was prepared by NYSDEC's 
contractor in 1988. EPA concluded, however, that the revised RI/FS 
report did not fully characterize the Site. Accordingly, EPA performed 
a Supplemental RI/FS. The conclusions set forth in the Supplemental RI/
FS, completed in 1989 by EPA's contractor, Ebasco Services, Inc., 
indicated that various VOCs were present in the unsaturated soil (above 
the water table) and in the groundwater at the Site. An Endangerment 
Assessment for the Site, which was also completed in 1989, contained 
conclusions that minimal human health risks were associated with the 
existing Site conditions. However, the Supplemental RI/FS process 
revealed that the leaching of VOCs from the contaminated on-site soil 
into the groundwater posed a risk to the environment.

Selected Remedy

    The remedial action objectives selected for the Site include:
     prevent contact with contaminated soil;
     prevent migration of contaminated soil via surface water 
runoff and erosion;
     ensure protection of groundwater and surface water from 
the continued release of contaminants from soils; and
     restore groundwater to levels consistent with state and 
federal water quality standards.
    On September 29, 1989, a Record of Decision (ROD) was signed, in 
which EPA selected excavation and low temperature thermal desorption 
(LTTD) to treat approximately 4,000 cubic yards (CY) of contaminated 
soils located above the water table, and pumping, air stripping, carbon 
adsorption, and reinjection as the treatment method of the contaminated 
groundwater. The remediation goal of the soil remedy was to reduce the 
concentrations of VOCs in the soils to levels which would not cause the 
groundwater quality to exceed groundwater standards as a result of 
percolation of precipitation through the unsaturated soils.

Remedy Implementation

    A consent decree was signed by the PRPs in 1990, in which they 
agreed to design and implement the remedy called for in the ROD. The 
consent decree became effective in 1991.
Soil Remediation
    The remedial design (RD) of the soil excavation and treatment was 
initiated by Blasland, Bouck & Lee, Inc. (BBL), the contractor for the 
PRPs, in 1991.
    Pre-RD sampling revealed the presence of a significant amount of 
contamination in the deep soil (from the water table down to bedrock). 
Because the contaminated soil below the water table would continue to 
leach contaminants to the groundwater, EPA concluded that remediating 
this soil would be beneficial to the long-term groundwater cleanup.
    Remedial alternatives to address the contaminated soils below the 
water table were evaluated in a focused feasibility study (FFS) 
completed by BBL in 1993 (amended in 1994). The FFS determined that 
specialized methods for stabilizing the deep excavation area would be 
required for removal of the contaminated soils because of the 
excavation depth, the need for control of groundwater infiltration into 
the excavation area, and the close proximity of the Site to the Oswego 
River.
    Based on the results of the pre-RD sampling effort and the findings 
of the FFS, EPA modified the soil remedy in a 1994 Explanation of 
Significant Differences (ESD). The ESD called for the excavation of the 
VOC-contaminated soils in the saturated zone (below the water table), 
followed by the treatment of the excavated soils by LTTD.
    Following the completion of the plans and specifications related to 
the soil remedy in 1995, BBL initiated construction of the soil remedy. 
Because of the proximity of the Site to the Oswego River, a ``freeze 
wall'' was used, which is a construction process whereby the ground is 
frozen at depth to allow the dry excavation of contaminated soils below 
the water table. The excavation, treatment, and backfilling were 
completed in 1996. The total amount of contaminated source material 
that was remediated was 10,200 cubic yards. Post-excavation soil 
sampling results indicated that residual levels of VOCs in soils were 
well below the target cleanup levels.
Groundwater Remediation
    The groundwater remedy called for in the ROD required the reduction 
of VOC concentrations to groundwater standards by pumping groundwater 
from the saturated sand and gravel zone underlying the Site, treating 
the groundwater by air stripping and carbon adsorption, and reinjecting 
the water into the saturated sand and gravel zone.
    The design of the groundwater remediation was performed from 1991 
to 1994. Initiation of the groundwater remedial action (RA) was, 
however, postponed until all soil RA activities at the Site were 
completed. At that time, a horizontal extraction well system consisting 
of a gallery of perforated piping and a collection manhole was 
installed at the base of the excavation. Given the overall 
effectiveness of the soil remedy, it was determined that groundwater 
standards could be achieved within a relatively short time frame if the 
groundwater extraction could be effected immediately. Utilizing a 
mobile treatment system, an expedited pumping of the contaminated 
groundwater took place between February and May 1997. The operation of 
the groundwater extraction and treatment system (including groundwater 
reinjection/surface water discharge), as well as the weekly influent/
effluent monitoring, was performed by Clean Harbors.
    During the 12-week operation period, 8.8 million gallons of 
groundwater were extracted and treated. Subsequently, a groundwater 
monitoring program was implemented by Roux Associates to assess the 
effectiveness of the soil remediation in combination with the expedited 
groundwater remedy. Residual subsurface ice from the freeze wall 
precluded an accurate evaluation of the groundwater remedy performance 
(two downgradient monitoring wells were frozen). Following the forced 
thaw of the freeze wall (via steam injection) by the PRPs in 1998, the 
temperature of the groundwater and the concentrations of contaminants 
were monitored. Groundwater samples collected in 1999 indicated that 
the freeze wall was no longer intact (i.e., the two monitoring wells 
were free of ice) and that the

[[Page 5960]]

contamination levels in these wells were showing a decreasing trend.
    Following the collection of groundwater quality samples in 1999, 
EPA determined that the ROD requirements for the groundwater remedy had 
been substantially met and no further response, other than long-term 
groundwater monitoring, was anticipated.

Monitoring

    Six monitoring wells located in the On-Property portion of the Site 
were abandoned in 2004 because contaminants had not been detected in 
these wells for multiple sampling periods. A monitoring well located 
downgradient of the On-Property portion of the Site on the western 
property boundary is the only well that continues to show volatile 
organic compounds above groundwater standards. During the latest 
sampling in 2013, cis-1,2-dichloroethylene was detected at 12.9 
micrograms per liter ([mu]g/L), which is marginally above this 
contaminant's groundwater standard of 5 [mu]g/L, and vinyl chloride was 
detected at 2.18 [mu]g/l, which is slightly above its groundwater 
standard of 2 [mu]g/L.

Five-Year Review

    Hazardous substances remain at the Site in one monitoring well 
above levels that would allow for unlimited use and unrestricted 
exposure. Therefore, pursuant to CERCLA Section 121(c), EPA is required 
to conduct a review of the remedy at least once every five years. Five-
year reviews were conducted in 2004, 2009 and 2014.

Community Involvement

    Public participation activities for the Site have been satisfied as 
required pursuant to CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k) 
and 9617. As part of the remedy selection process, the public was 
invited to comment on the proposed remedy. All other documents and 
information that EPA relied on or considered in recommending this 
deletion are available for the public to review at the information 
repositories identified above.

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

    All of the completion requirements for the On-Property portion of 
the Site have been met, as described in the September 1996 soil 
Remedial Action Report, the September 1999 Preliminary Close-Out 
Report, and the 2004, 2009, and 2014 five-year review reports. The 
State of New York, in a September 29, 2014 letter, concurred with the 
proposed partial deletion of the On-Property portion of the 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 the deletion of 
the On-Property portion of the Site has been met in that that the soil 
on the On-Property portion of the Site and the groundwater beneath the 
On-Property portion of the Site no longer pose a threat to public 
health or the environment. Consequently, EPA is deleting the On-
Property portion of the Site from the NPL. Documents supporting this 
action are available in the Site files.

V. Deletion Action

    EPA, with the concurrence of the State of New York through the New 
York State Department of Environmental Conservation, has determined 
that all appropriate responses under CERCLA have been completed at the 
On-Property portion of the Site and that the soil and the groundwater 
beneath the On-Property portion of the Site no longer pose a threat to 
public health or the environment. Therefore, EPA is deleting the On-
Property portion of the Site from the NPL. Because residual groundwater 
contamination remains in the Off-Property portion of the Site (west of 
the On-Property's property boundary to the Oswego River), the Off-
Property portion of the Site is not being deleted from the NPL. 
Groundwater monitoring and five-year reviews will still be required for 
this area. The partial deletion does not preclude future action under 
CERCLA. Because EPA considers this action to be noncontroversial and 
routine, EPA is taking this action without prior publication. This 
action will be effective April 6, 2015 unless EPA receives adverse 
comments by March 6, 2015. 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 NOPD before the effective date of the 
partial deletion and the deletion will not take effect. EPA will 
prepare a response to comments and continue with the deletion process 
on the basis of the NOIPD and the comments received. In such a case, 
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: January 6, 2015.
Judith A. Enck,
Regional Administrator, EPA, Region 2.

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

PART 300-- NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

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. 9601-9675; 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 revising the entry 
under ``Fulton Terminals Site,'' ``New York'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
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                State                         Site name               City/County               Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
NY..................................  Fulton Terminals........  Fulton/Oswego..........  P
 
                                                  * * * * * * *
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    (a) * * *
    * P = Sites with partial deletion(s).
* * * * *
[FR Doc. 2015-02266 Filed 2-3-15; 8:45 am]
BILLING CODE 6560-50-P