National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 45334-45336 [05-15435]
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45334
§ 507.1
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Proposed Rules
What does this part do?
This part implements section 10(k) of
the Federal Deposit Insurance Act
(FDIA), which prohibits senior
examiners from accepting compensation
from certain companies following the
termination of their employment. See 12
U.S.C. 1820(k). Except where otherwise
provided, the terms used in this part
have the meanings given in section 3 of
the FDIA (12 U.S.C. 1813).
§ 507.2
Who is a senior examiner?
An individual is a senior examiner for
a particular savings association or
savings and loan holding company if:
(a) The individual is an officer or
employee of OTS (including a special
government employee) who has been
designated by OTS to conduct
examinations or inspections of savings
associations or savings and loan holding
companies;
(b) The individual has been assigned
continuing, broad and lead
responsibility for the examination or
inspection of that savings association or
savings and loan holding company; and
(c) The individual’s responsibilities
for examining, inspecting, or
supervising that savings association or
savings and loan holding company:
(1) Represent a substantial portion of
the individual’s assigned
responsibilities at OTS; and
(2) Require the individual to interact
on a routine basis with officers and
employees of the savings association,
savings and loan holding company, or
its affiliates.
§ 507.3 What post-employment restrictions
apply to senior examiners?
(a) Prohibition. (1) Senior examiner of
savings association. An individual who
serves as a senior examiner of a savings
association for two or more of the last
12 months of his or her employment
with OTS may not, within one year after
the termination date of his or her
employment with OTS, knowingly
accept compensation as an employee,
officer, director, or consultant from:
(i) The savings association; or
(ii) A savings and loan holding
company, bank holding company, or
any other company that controls the
savings association.
(2) Senior examiner of a savings and
loan holding company. An individual
who serves as a senior examiner of a
savings and loan holding company for
two or more of the last 12 months of his
or her employment with OTS may not,
within one year after the termination
date of his or her employment with
OTS, knowingly accept compensation as
an employee, officer, director, or
consultant from:
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(i) The savings and loan holding
company; or
(ii) Any depository institution that is
controlled by the savings and loan
holding company.
(b) Effective date. The postemployment restrictions in paragraph
(a) of this section do not apply to any
senior examiner who terminated his
employment at OTS before December
17, 2005.
(c) Definitions. For the purposes of
this section:
(1) Consultant. An individual acts as
a consultant for a savings association or
other company only if he or she directly
works on matters for, or on behalf of, the
savings association or company.
(2) Control. Control has the same
meaning given in part 574 of this
chapter.
§ 507.4 When will OTS waive the postemployment restrictions?
The post-employment restriction in
§ 507.3 will not apply to a senior
examiner if the Director certifies in
writing and on a case-by-case basis that
a waiver of the restriction will not affect
the integrity of OTS’s supervisory
program.
§ 507.5 What are the penalties for violating
the post-employment restrictions?
(a) Penalties. A senior examiner who
violates § 507.3 shall, in accordance
with 12 U.S.C. 1820(k)(6), be subject to
one or both of the following penalties:
(1) An order:
(i) Removing the person from office or
prohibiting the person from further
participating in the conduct of the
affairs of the relevant depository
institution, savings and loan holding
company, bank holding company or
other company for up to five years; and
(ii) Prohibiting the person from
participating in the affairs of any
insured depository institution for up to
five years.
(2) A civil money penalty not to
exceed $250,000.
(b) Scope of prohibition orders. Any
senior examiner who is subject to an
order issued under paragraph (a)(1) of
this section shall be subject to 12 U.S.C.
1818(e)(6) and (7) in the same manner
and to the same extent as a person
subject to an order issued under 12
U.S.C. 1818(e).
(c) Procedures. 12 U.S.C. 1820(k)
describes the procedures that are
applicable to actions under paragraph
(a) of this section and the appropriate
Federal banking agency authorized to
take the action, which may be an agency
other than OTS. Where OTS is the
appropriate Federal banking agency, it
will conduct administrative proceedings
under 12 CFR part 509.
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Sfmt 4702
(d) Other penalties. The penalties
under this section are not exclusive. A
senior examiner who violates the
restriction in § 507.3 may also be subject
to other administrative, civil, or
criminal remedy or penalty as provided
by law.
PART 509—RULES OF PRACTICE AND
PROCEDURES IN ADJUDICATORY
PROCEEDINGS
2. The authority citation for part 509
is amended to read as follows:
Authority: 5 U.S.C. 504, 554–557; 12
U.S.C. 1464, 1467, 1467a, 1468, 1817(j), 1818,
1820(k), 3349, 4717; 15 U.S.C. 78(l); 78o–5,
78u–2; 28 U.S.C. 2461 note; 31 U.S.C. 5321;
42 U.S.C. 4012a.
3. In § 509.1, redesignate paragraph (g)
as paragraph (h) and add a new
paragraph (g) to read as follows:
§ 509.1
Scope.
*
*
*
*
*
(g) Proceedings under section 10(k) of
the FDIA (12 U.S.C. 1820(k)) to impose
penalties on senior examiners for
violation of post-employment
prohibitions.
*
*
*
*
*
Dated: July 26, 2005.
Office of Thrift Supervision.
Richard M. Riccobono,
Acting Director.
[FR Doc. 05–15468 Filed 8–4–05; 8:45 am]
BILLING CODE 4810–33, 6210–01, 6714–01, 6720–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7947–9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Notice of intent to delete the
Nutmeg Valley Road Site from the
National Priorities List.
AGENCY:
SUMMARY: The Environmental Protection
Agency (‘‘EPA’’ or the ‘‘Agency’’) New
England announces its intent to delete
the Nutmeg Valley Road Site (‘‘Site’’)
from the National Priorities List (‘‘NPL’’)
and requests comment on this proposed
action. The NPL constitutes appendix B
of 40 CFR part 300 which is the
National Oil and Hazardous Substances
Pollution Contingency Plan (‘‘NCP’’),
which EPA promulgated pursuant to
section 105 of the Comprehensive
Environmental Response, Compensation
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Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Proposed Rules
and Liability Act (‘‘CERCLA’’) of 1980,
as amended. EPA and the Connecticut
Department of Environmental Protection
(‘‘CT DEP’’) have determined that no
further action is necessary or
appropriate for this Site.
DATES: Comments concerning the
proposed deletion of this Site from the
NPL may be submitted on or before
September 6, 2005.
ADDRESSES: Comments may be mailed to
Karen Lumino, EPA New England, One
Congress Street, Suite 1100 (HBT),
Boston, MA 02114, or e-mailed to
lumino.karen@epa.gov.
Comprehensive information on this
Site is available through the EPA New
England public docket which is
available for viewing by appointment
only by calling 617–918–1440. Requests
for copies of the background
information from the Regional public
docket should be directed to the EPA
New England office at the following
address: Superfund Records Center,
EPA New England, One Congress Street,
Suite 1100 (HSC), Boston, MA 02114.
The deletion docket is also available
for viewing at the following location:
Wolcott Library, 469 Bound Line Road,
Wolcott, CT 06716.
FOR FURTHER INFORMATION CONTACT:
Karen Lumino, Remedial Project
Manager, at 617–918–1348, or
lumino.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
EPA New England announces its
intent to delete the Nutmeg Valley Road
Site in Wolcott, New Haven County,
Connecticut (EPA ID# CTD 980669261)
from the NPL, which constitutes
appendix B of the NCP, 40 CFR part
300, and requests comments on this
deletion. EPA identifies sites that
appear to present a significant risk to
public health, welfare or the
environment and maintains the NPL as
a list of these sites. As described in
§ 300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for
remedial actions in the unlikely event
that conditions at the site warrant such
action in the future.
EPA will accept comments on the
proposal to delist this Site for thirty (30)
days after publication of this document
in the Federal Register.
Section II of this notice explains the
criteria for deleting sites from the NPL.
Section III discusses the procedures that
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EPA is using for this action. Section IV
discusses the Site and explains how the
Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP
provides that sites may be deleted from
the NPL where no further response is
appropriate. In making a determination
to delete a site from the NPL, EPA, in
consultation with the state, shall
consider 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 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, remedial measures are not
appropriate.
Even when a site is deleted from the
NPL, where hazardous substances,
pollutants, or contaminants remain at
the site above levels that allow for
unlimited use and restricted exposure,
EPA is required, by statute or policy, to
conduct a subsequent review at least
every five years after the initiation of the
remedial action at the site to ensure that
the site remains protective of human
health and the environment. If new
information becomes available that
indicates a need for further action, EPA
may initiate additional remedial actions.
Whenever there is a significant release
from a deleted site from the NPL, the
site may be restored to the NPL, without
application of the Hazard Ranking
System.
III. Deletion Procedures
The following procedures were used
for the intended deletion of this Site: (1)
EPA New England issued a Record of
Decision (ROD) on September 28, 2004,
which documented the determination
that no further action was warranted at
this Site; (2) all appropriate responses
under CERCLA have been implemented
as documented in the Final Close-Out
Report also dated September 28, 2004;
(3) the CT DEP concurred with the
proposed deletion; (4) a notice has been
published in the local newspaper and
has been distributed to appropriate
federal, state and local officials and
other interested parties announcing the
commencement of a 30-day public
comment period on EPA’s Notice of
Intent to Delete; and (5) all relevant
documents have been made available for
public review in the local Site
information repository.
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45335
Deletion of sites from the NPL does
not itself create, alter or revoke any
individual’s rights or obligations. The
NPL is designed primarily for
information purposes and to assist
Agency management of Superfund sites.
As referenced Section II of this
document, § 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.
For deletion of this Site, EPA’s
Regional Office will accept and evaluate
public comments before making a final
decision to delete. If necessary, the
Agency will prepare a Responsiveness
Summary to address any significant
public comments received.
A deletion occurs when the Regional
Administrator places a final notice in
the Federal Register. Generally, the NPL
will reflect deletions in the final update
following the notice. Public notices and
copies of the Responsiveness Summary
will be made available to local residents
by the Regional Office.
IV. Basis for Intended Site Deletion
The following summary provides the
Agency’s rationale for the proposal to
delete this Site from the NPL.
Site Background and History
The Site is located in west-central
Connecticut near the Wolcott/Waterbury
town line, in New Haven County,
Connecticut. It consists of a dozen small
manufacturing facilities, light industrial
facilities and repair shops over a 28-acre
area. Past and present human activities
have altered the area, offering minimal
wildlife habitat. Private wells
contaminated with volatile organic
compounds (VOCs) were first
discovered by state and local health
officials in 1979. In 1986, the Town of
Wolcott extended a public water supply
line into the area. The Site was placed
on the NPL in March 1989. Two metalworking and machine shops on Nutmeg
Valley Road with a known history of
dumping waste oil and solvents onto the
ground were the focus of early remedial
investigations; however the study area
was expanded to 155 acres to include
similar companies on Swiss Lane,
Tosun Road, Wolcott Road and Town
Line Road which were also seen as
potential sources of groundwater
contamination.
In 1995 and 1998, the U.S. Geological
Survey (‘‘USGS’’) performed regional
groundwater studies concluding that: (a)
although VOCs, metals and cyanide
were found in the groundwater, the
distribution was scattered and there was
no evidence of a wide-spread plume of
contamination; and (b) the levels of
contaminants in much of the study area
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Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Proposed Rules
were decreasing over time through
natural degradation processes.
In 1999, using data collected by the
USGS, EPA screened the area for
human-health and ecological risk. Based
on the findings of the USGS studies and
EPA sampling, the study area was
reduced to its current 28-acre
configuration.
From 2000 to 2002, EPA conducted a
more focused study of the groundwater,
as well as surface water, soil and
sediment. Based on the sampling results
in this study, the levels of organic
compounds and metals detected in soil,
sediment and surface water do not
appear to pose an unacceptable risk to
human health. EPA did identify a
potential non-carcinogenic health
hazard from the future use of
groundwater if used as a drinking water
supply, with the primary risk driver
being manganese. The ecological risk
assessment did not identify risks to
wildlife or its habitat attributable to
activities at the Site.
Response Actions
In 1992, EPA conducted an
emergency removal of 1,150 tons of
sludge waste and contaminated soil
from two unlined lagoons. This action
addressed the threats posed by the
electroplating wastes in surface soils,
and removed a potential source of
groundwater contamination.
In April 2004, the Town of Wolcott
adopted the Wolcott Groundwater
Ordinance #87 (‘‘Groundwater
Ordinance’’) prohibiting all uses of
groundwater within a 25-acre area that
overlaps with those portions of the Site
where groundwater presents a potential
non-carcinogenic health hazard.
In September 2004, the Town of
Wolcott issued a ‘‘No Further Action’’
ROD for this Site. The basis for this
decision was the combination of the
Town’s Groundwater Ordinance, and, a
requirement in the Connecticut Public
Health Code (section 19–12-B51m) that
prohibits the future installation of
private wells on parcels that are within
200 feet of a public water supply, a
condition that applies to all parcels in
the Site. EPA made the determination
that conditions at the Site are protective
of human health and the environment
now and in the future, and that no
further remedial action under CERCLA
is necessary for this Site.
Five-Year Review
Because EPA’s determination of no
further action relies in part upon
existing laws already in place, EPA will
review the protectiveness of this
determination every five years pursuant
to 40 U.S.C. 9621(c) of CERCLA. This
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review will be limited in scope to
evaluating whether or not these legal
mechanisms (or similar requirements)
currently in place remain in place, and
whether or not these mechanisms
function sufficiently to prevent human
exposure to contaminated groundwater.
Should this review indicate that
exposure is occurring, then EPA may
take additional action to determine if
such exposure presents an unacceptable
risk.
Community Involvement
Throughout the Site’s history,
community concern has been high. EPA
has kept the community and other
interested parties apprised of Site
activities through a series of public
meetings, fact sheets, and press releases.
An information repository was
established at the Wolcott Library.
The Proposed Plan with EPA’s
preferred alternative was distributed to
the 200 people on the Site’s mailing list.
A public comment period on the
Proposed Plan was held from July 9 to
August 9, 2004. Of the seven sets of
comments received during the comment
period, five supported the no further
action remedy. None stated an
opposition to the proposed remedy.
Redevelopment Potential
The current land use of the Site is
industrial with some residential use
along the northwestern boundary
(Wolcott Road). Land use in adjacent
and surrounding areas in close
proximity to the Site is currently
commercial, industrial and residential.
The reasonably anticipated future use of
the Site will continue to be industrial
with limited residential. EPA’s
determination that no further action is
required at the Nutmeg Valley Road Site
has no bearing on Connecticut’s
Property Transfer Law, and remediation
may be necessary to meet state
requirements (see https://
www.dep.state.ct.us/pao/perdfact/
proptran.htm).
Applicable Deletion Criteria
In a letter dated July 12, 2005, Mayor
Thomas Dunn of Wolcott certified full
compliance with the Town’s
Groundwater Ordinance that required
all affected properties to abandon all
existing groundwater wells, and connect
to the existing public water supply
system. With this certification, EPA
believes that the following criterion for
the deletion of a site from the NPL has
been met: all appropriate responses
under CERCLA have been implemented,
and no further action by responsible
parties is appropriate. Consequently,
EPA is proposing deletion of the
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Nutmeg Valley Road Superfund Site
from the NPL. Documents supporting
this action are available in the docket.
State Concurrence
The Connecticut Department of
Environmental Protection, in a letter
from Gina McCarthy, Commissioner,
dated July 5, 2005, concurs with the
proposed deletion of the Nutmeg Valley
Road Superfund Site from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Dated: July 25, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 05–15435 Filed 8–4–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AT76
Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2005–06
Season
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (hereinafter, Service or we)
proposes special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2005–06
migratory bird hunting season.
DATES: We will accept all comments on
the proposed regulations that are
postmarked or received in our office by
August 15, 2005.
ADDRESSES: Send your comments on
these proposals to the Chief, Division of
Migratory Bird Management, U.S. Fish
and Wildlife Service, Department of the
Interior, MS MBSP–4107–ARLSQ, 1849
C Street, NW., Washington, DC 20240 or
fax comments to (703) 358–2272. All
comments received will become part of
the public record. You may inspect
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]]>Agencies
[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Proposed Rules]
[Pages 45334-45336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15435]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7947-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent to delete the Nutmeg Valley Road Site from the
National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (``EPA'' or the
``Agency'') New England announces its intent to delete the Nutmeg
Valley Road Site (``Site'') from the National Priorities List (``NPL'')
and requests comment on this proposed action. The NPL constitutes
appendix B of 40 CFR part 300 which is the National Oil and Hazardous
Substances Pollution Contingency Plan (``NCP''), which EPA promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation
[[Page 45335]]
and Liability Act (``CERCLA'') of 1980, as amended. EPA and the
Connecticut Department of Environmental Protection (``CT DEP'') have
determined that no further action is necessary or appropriate for this
Site.
DATES: Comments concerning the proposed deletion of this Site from the
NPL may be submitted on or before September 6, 2005.
ADDRESSES: Comments may be mailed to Karen Lumino, EPA New England, One
Congress Street, Suite 1100 (HBT), Boston, MA 02114, or e-mailed to
lumino.karen@epa.gov.
Comprehensive information on this Site is available through the EPA
New England public docket which is available for viewing by appointment
only by calling 617-918-1440. Requests for copies of the background
information from the Regional public docket should be directed to the
EPA New England office at the following address: Superfund Records
Center, EPA New England, One Congress Street, Suite 1100 (HSC), Boston,
MA 02114.
The deletion docket is also available for viewing at the following
location: Wolcott Library, 469 Bound Line Road, Wolcott, CT 06716.
FOR FURTHER INFORMATION CONTACT: Karen Lumino, Remedial Project
Manager, at 617-918-1348, or lumino.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
EPA New England announces its intent to delete the Nutmeg Valley
Road Site in Wolcott, New Haven County, Connecticut (EPA ID
CTD 980669261) from the NPL, which constitutes appendix B of the NCP,
40 CFR part 300, and requests comments on this deletion. EPA identifies
sites that appear to present a significant risk to public health,
welfare or the environment and maintains the NPL as a list of these
sites. As described in Sec. 300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for remedial actions in the unlikely event
that conditions at the site warrant such action in the future.
EPA will accept comments on the proposal to delist this Site for
thirty (30) days after publication of this document in the Federal
Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses the procedures that EPA is using
for this action. Section IV discusses the Site and explains how the
Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that sites may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a site from the NPL, EPA, in consultation with
the state, shall consider 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 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, remedial measures are not appropriate.
Even when a site is deleted from the NPL, where hazardous
substances, pollutants, or contaminants remain at the site above levels
that allow for unlimited use and restricted exposure, EPA is required,
by statute or policy, to conduct a subsequent review at least every
five years after the initiation of the remedial action at the site to
ensure that the site remains protective of human health and the
environment. If new information becomes available that indicates a need
for further action, EPA may initiate additional remedial actions.
Whenever there is a significant release from a deleted site from the
NPL, the site may be restored to the NPL, without application of the
Hazard Ranking System.
III. Deletion Procedures
The following procedures were used for the intended deletion of
this Site: (1) EPA New England issued a Record of Decision (ROD) on
September 28, 2004, which documented the determination that no further
action was warranted at this Site; (2) all appropriate responses under
CERCLA have been implemented as documented in the Final Close-Out
Report also dated September 28, 2004; (3) the CT DEP concurred with the
proposed deletion; (4) a notice has been published in the local
newspaper and has been distributed to appropriate federal, state and
local officials and other interested parties announcing the
commencement of a 30-day public comment period on EPA's Notice of
Intent to Delete; and (5) all relevant documents have been made
available for public review in the local Site information repository.
Deletion of sites from the NPL does not itself create, alter or
revoke any individual's rights or obligations. The NPL is designed
primarily for information purposes and to assist Agency management of
Superfund sites. As referenced Section II of this document, Sec.
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.
For deletion of this Site, EPA's Regional Office will accept and
evaluate public comments before making a final decision to delete. If
necessary, the Agency will prepare a Responsiveness Summary to address
any significant public comments received.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the notice. Public notices and
copies of the Responsiveness Summary will be made available to local
residents by the Regional Office.
IV. Basis for Intended Site Deletion
The following summary provides the Agency's rationale for the
proposal to delete this Site from the NPL.
Site Background and History
The Site is located in west-central Connecticut near the Wolcott/
Waterbury town line, in New Haven County, Connecticut. It consists of a
dozen small manufacturing facilities, light industrial facilities and
repair shops over a 28-acre area. Past and present human activities
have altered the area, offering minimal wildlife habitat. Private wells
contaminated with volatile organic compounds (VOCs) were first
discovered by state and local health officials in 1979. In 1986, the
Town of Wolcott extended a public water supply line into the area. The
Site was placed on the NPL in March 1989. Two metal-working and machine
shops on Nutmeg Valley Road with a known history of dumping waste oil
and solvents onto the ground were the focus of early remedial
investigations; however the study area was expanded to 155 acres to
include similar companies on Swiss Lane, Tosun Road, Wolcott Road and
Town Line Road which were also seen as potential sources of groundwater
contamination.
In 1995 and 1998, the U.S. Geological Survey (``USGS'') performed
regional groundwater studies concluding that: (a) although VOCs, metals
and cyanide were found in the groundwater, the distribution was
scattered and there was no evidence of a wide-spread plume of
contamination; and (b) the levels of contaminants in much of the study
area
[[Page 45336]]
were decreasing over time through natural degradation processes.
In 1999, using data collected by the USGS, EPA screened the area
for human-health and ecological risk. Based on the findings of the USGS
studies and EPA sampling, the study area was reduced to its current 28-
acre configuration.
From 2000 to 2002, EPA conducted a more focused study of the
groundwater, as well as surface water, soil and sediment. Based on the
sampling results in this study, the levels of organic compounds and
metals detected in soil, sediment and surface water do not appear to
pose an unacceptable risk to human health. EPA did identify a potential
non-carcinogenic health hazard from the future use of groundwater if
used as a drinking water supply, with the primary risk driver being
manganese. The ecological risk assessment did not identify risks to
wildlife or its habitat attributable to activities at the Site.
Response Actions
In 1992, EPA conducted an emergency removal of 1,150 tons of sludge
waste and contaminated soil from two unlined lagoons. This action
addressed the threats posed by the electroplating wastes in surface
soils, and removed a potential source of groundwater contamination.
In April 2004, the Town of Wolcott adopted the Wolcott Groundwater
Ordinance 87 (``Groundwater Ordinance'') prohibiting all uses
of groundwater within a 25-acre area that overlaps with those portions
of the Site where groundwater presents a potential non-carcinogenic
health hazard.
In September 2004, the Town of Wolcott issued a ``No Further
Action'' ROD for this Site. The basis for this decision was the
combination of the Town's Groundwater Ordinance, and, a requirement in
the Connecticut Public Health Code (section 19-12-B51m) that prohibits
the future installation of private wells on parcels that are within 200
feet of a public water supply, a condition that applies to all parcels
in the Site. EPA made the determination that conditions at the Site are
protective of human health and the environment now and in the future,
and that no further remedial action under CERCLA is necessary for this
Site.
Five-Year Review
Because EPA's determination of no further action relies in part
upon existing laws already in place, EPA will review the protectiveness
of this determination every five years pursuant to 40 U.S.C. 9621(c) of
CERCLA. This review will be limited in scope to evaluating whether or
not these legal mechanisms (or similar requirements) currently in place
remain in place, and whether or not these mechanisms function
sufficiently to prevent human exposure to contaminated groundwater.
Should this review indicate that exposure is occurring, then EPA may
take additional action to determine if such exposure presents an
unacceptable risk.
Community Involvement
Throughout the Site's history, community concern has been high. EPA
has kept the community and other interested parties apprised of Site
activities through a series of public meetings, fact sheets, and press
releases. An information repository was established at the Wolcott
Library.
The Proposed Plan with EPA's preferred alternative was distributed
to the 200 people on the Site's mailing list. A public comment period
on the Proposed Plan was held from July 9 to August 9, 2004. Of the
seven sets of comments received during the comment period, five
supported the no further action remedy. None stated an opposition to
the proposed remedy.
Redevelopment Potential
The current land use of the Site is industrial with some
residential use along the northwestern boundary (Wolcott Road). Land
use in adjacent and surrounding areas in close proximity to the Site is
currently commercial, industrial and residential. The reasonably
anticipated future use of the Site will continue to be industrial with
limited residential. EPA's determination that no further action is
required at the Nutmeg Valley Road Site has no bearing on Connecticut's
Property Transfer Law, and remediation may be necessary to meet state
requirements (see https://www.dep.state.ct.us/pao/perdfact/
proptran.htm).
Applicable Deletion Criteria
In a letter dated July 12, 2005, Mayor Thomas Dunn of Wolcott
certified full compliance with the Town's Groundwater Ordinance that
required all affected properties to abandon all existing groundwater
wells, and connect to the existing public water supply system. With
this certification, EPA believes that the following criterion for the
deletion of a site from the NPL has been met: all appropriate responses
under CERCLA have been implemented, and no further action by
responsible parties is appropriate. Consequently, EPA is proposing
deletion of the Nutmeg Valley Road Superfund Site from the NPL.
Documents supporting this action are available in the docket.
State Concurrence
The Connecticut Department of Environmental Protection, in a letter
from Gina McCarthy, Commissioner, dated July 5, 2005, concurs with the
proposed deletion of the Nutmeg Valley Road Superfund Site from the
NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777,
56 FR 54757, 3CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923; 3 CFR,
1987 Comp., p. 193.
Dated: July 25, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 05-15435 Filed 8-4-05; 8:45 am]
BILLING CODE 6560-50-P
