National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 51758-51762 [E7-17750]
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action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)). This action merely proposes
to approve state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Redesignation of an area to
attainment under section 107(d)(3)(e) of
the Clean Air Act does not impose any
new requirements on small entities.
Redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on sources. Redesignation
of an area to attainment under section
107(d)(3)(E) of the Clean Air Act does
not impose any new requirements on
small entities. Redesignation is an
action that affects the status of a
geographical area and does not impose
any new regulatory requirements on
sources. Accordingly, the Administrator
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4). Because this
action affects the status of a
geographical area, does not impose any
new requirements on sources, or allows
the state to avoid adopting or
implementing other requirements, this
proposed rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to approve a state rule
implementing a Federal requirement,
and does not alter the relationship or
the distribution of power and
responsibilities established in the Clean
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Air Act. This proposed rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it
approves a state rule implementing a
Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission;
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Redesignation is an
action that affects the status of a
geographical area and does not impose
any new requirements on sources. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
This rule proposing to approve the
redesignation of the State College Area
to attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base year inventory, and
the MVEBs identified in the
maintenance plan, does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
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Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E7–17890 Filed 9–10–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0011; FRL–8465–3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
ACTION: Notice of intent for partial
deletion of a portion of the Seneca Army
Depot Activity Superfund Site from the
National Priorities List.
AGENCY:
SUMMARY: The United States
Environmental Protection Agency (EPA)
announces its intent to delete from the
National Priorities List (NPL) all media
(surface soils, subsurface soils,
structures, surface water, and ground
water) within the following two specific
parcels of real property located at the
Seneca Army Depot Activity (SEDA)
Superfund Site (Site), Romulus, New
York: Real Estate Parcel 1, except for a
portion of this parcel known as SEAD–
24; and the entirety of Real Estate Parcel
2. EPA requests public comment on this
action. The NPL constitutes Appendix B
to the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), 40 CFR Part 300, which EPA
promulgated pursuant to Section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA), as amended. EPA and
the State of New York, through its
Department of Environmental
Conservation (the State), have
determined that all appropriate CERCLA
response actions related to Parcel 1
(except the SEAD–24 portion) and
Parcel 2 have been implemented. This
partial deletion pertains only to Parcel
1 (except the SEAD–24 portion) and
Parcel 2, and does not include any other
portions of the Site. The portion of
Parcel 1 known as SEAD–24 is not
proposed for deletion at this time.
Figure one (in the deletion docket)
shows a map of Real Estate Parcels 1
and 2, and delineates between those
areas being proposed for deletion and
those areas that will remain on the NPL.
The purpose of the proposed deletion
of Parcel 1 (except the SEAD–24
portion) and Parcel 2 is to remove
uncontaminated and potentially useful
property from the NPL, thereby making
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the land more desirable for redevelopment.
EPA has compiled the documents,
such as soil sample results and
locations, maps, pollution reports, and
other relevant deletion documentation
which were used by EPA in its
determination to propose deletion of
these Parcels. These documents are
located in the deletion docket at the
locations indicated below.
DATES: EPA will accept comments
concerning its proposal for partial
deletion until October 11, 2007 and a
local newspaper of record.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–HQ–
SFUND–1990–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: vazquez.julio@epa.gov.
• Fax: (212) 637–3256.
• Mail: USEPA—Region 2, Emergency
and Remedial Response Division, 290
Broadway—New York, NY 10007.
• Hand delivery: USEPA—Region 2,
Emergency and Remedial Response
Division, Federal Facilities Section, 290
Broadway, 18th Floor, New York, NY
10007. 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 No. EPA–HQ–SFUND–1990–
0011. EPA’s policy is to include in the
public docket all comments received,
without change, and to make them
available online at https://
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 through
https://www.regulations.gov or e-mail
that you consider to be CBI or otherwise
protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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disk or CD–ROM you submit. If EPA
cannot read your comment because of
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 they should be free of
any defects or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information the disclosure of which is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
Regional Repository, U.S. EPA Region 2
Records Center, 290 Broadway—18th
Floor, New York, NY 10007–1866,
Hours: 9 a.m. to 5 p.m.—Monday
through Friday. (212) 637–4308.
Local Site Repository, Seneca Army
Depot Activity, 5786 State Route 96,
Building 123, Romulus, NY 14541,
Hours: 9 a.m. to 3:30 p.m.—Monday
through Thursday, (607) 869–1494.
FOR FURTHER INFORMATION CONTACT: Mr.
Julio F. Vazquez, Remedial Project
Manager, U.S. EPA Region 2, 290
Broadway, 18th Floor, New York, NY
10007–1866, (212) 637–4323.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA announces its intention to delete
from the NPL all media (surface soils,
subsurface soils, structures, surface
water, and ground water) related to a
portion of Real Estate Parcel 1 and all
of Real Estate Parcel 2 at the Seneca
Army Depot Activity Superfund Site,
located in Romulus, New York, and
requests public comments on this
action. The [Comment 1] NPL
constitutes Appendix B of the NCP, 40
CFR Part 300, which EPA promulgated
pursuant to Section 105 of CERCLA.
This partial deletion is proposed in
accordance with 40 CFR 300.425(e) and
the Notice of Policy Change: Partial
Deletion of Sites listed on the National
Priorities List, 60 FR 55466 (Nov. 1,
1995). EPA and the State have
determined that all appropriate CERCLA
response actions related to a portion of
Real Estate Parcel 1 and all of Real
Estate Parcel 2 have been implemented.
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This partial deletion pertains only to the
designated areas in Parcels 1 and 2 and
does not include other portions of the
Site. In addition, there is one area
located within Parcel 1, known as
SEAD–24, which is not proposed for
deletion at this time. Boundaries of the
Parcels proposed for deletion, as well as
the boundaries of SEAD–24, can be
reviewed at the Site’s information
repositories.
The following Parcels, either wholly
or in part, are proposed for deletion:
Parcels
Parcel 1—Empire Biofuels Redevelopment ....................................
Parcel 2—Seneca County Public
Safety Building and Jail ..............
Acres
deleted
368.6
25.2
Parcel 1, also known as the Empire
Biofuels Redevelopment area, is located
midway on the western edge of SEDA.
Most of this Parcel did not require
remedial investigations under CERCLA.
The two areas within Parcel 1 that were
investigated under CERCLA are known
as SEAD–58 and SEAD–24 [Comment
2]. SEAD–58 includes two debris
disposal areas that have been found to
require no active remediation under
CERCLA. SEAD–24 is a two-acre area
that is not included in this proposed
deletion and will remain on the NPL.
SEAD–24 underwent a soil removal
action in 2004 and is awaiting a
determination by EPA that all
appropriate response actions have been
implemented.
Parcel 2, also known as the Seneca
County Public Safety Building and Jail
area, is located along the eastern
perimeter of the SEAD Site in the
southeast quadrant. The parcel
encompasses two sub-parcel areas
designated as SEAD–50 and SEAD–54,
both of which have been remediated.
Subsequent sampling of these two areas
confirmed that all appropriate CERCLA
response actions were performed.
However, SEAD–50 and –54 are subject
to Institutional Controls (ICs) because
they are part of the encompassing
Planned Industrial Development (PID)
area [Comment 3].
SEDA, which encompasses
approximately 10,634 acres, includes
property owned by the U. S. Department
of Army, the Seneca County Industrial
Development Agency (SCIDA), the local
redevelopment authority, New York
State Department of Corrections, U.S.
Department of Homeland Security,
Seneca County, and private entities. As
part of the Base Realignment and
Closure Act (BRAC), the Federal
government has entered into agreements
with SCIDA to transfer selected
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properties for public and private reuse.
Parcels 1 and 2 are currently owned by
SCIDA.
Seneca County, Empire Biofuels, Inc.,
and Flaum Management Company, Inc.
requested this partial deletion to
facilitate reuse of these Parcels.
Summary reports submitted to EPA and
the State have shown that all
appropriate response actions with
regard to the soil, soil vapor, structures,
surface water, and ground water media
for Parcels 1 and 2 (with the exception
of SEAD–24 area in Parcel 1) have been
performed or that the conditions pose
no significant threat to public health or
the environment and therefore remedial
measures are not appropriate. This
notice is only for the Parcels specified
herein and does not include any other
real properties within the Site. Ongoing
remedial investigations, remedial
designs, and other soil, structures,
surface water, and ground water
cleanup activities will continue at the
portions of the Site not included in this
notice of intent to delete. All of those
other portions of the Site remain on the
NPL, including SEAD–24 within Parcel
1.
The NPL is a list maintained by EPA
of sites that EPA has determined present
a significant risk to human health or
welfare, or to the environment. Pursuant
to 40 CFR 300.425(e) of the NCP, any
site or portion of a site deleted from the
NPL remains eligible for Superfundfinanced remedial actions if conditions
at a site warrant such action.
EPA will accept public comments
concerning this notice of intention to
partially delete portions of the Site for
a period of thirty (30) days after
publication of this notice in the Federal
Register and a local newspaper of
record.
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 all appropriate response actions
have been performed or no significant
threat to public health and the
environment exists. In making this
determination, EPA, in consultation
with the State, will consider whether
any of the following criteria have been
met:
• Section 300.425(e)(1)(i).
Responsible parties or other persons
have implemented all appropriate
response actions required; or
• Section 300.425(e)(1)(ii). All
appropriate Fund-financed responses
under CERCLA have been implemented
and no further cleanup by responsible
parties is appropriate; or
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• Section 300.425(e)(1)(iii). The
remedial investigation has shown that
the release of hazardous substances
poses no significant threat to public
health or the environment and,
therefore, taking of remedial measures is
not appropriate.
Parcel 1, with the exception of SEAD–
24, is proposed for deletion from the
NPL because remedial investigations
have shown that no significant threat to
public health or the environment exists
and therefore no remedial measures are
appropriate.
Parcel 2 is proposed for deletion from
the NPL as all appropriate CERCLA
response actions have been
implemented at this area, and arearelated studies or remedial
investigations have shown that no
further cleanup is appropriate or
necessary to protect public health or the
environment.
This partial deletion does not affect or
impede any CERCLA response activities
at areas of the Site that are not deleted
and that remain on the NPL. Deletion of
a portion of a site from the NPL does not
itself create, alter, or revoke any
person’s rights or obligations. The NPL
is designed primarily for informational
purposes and to assist EPA
management.
III. Deletion Procedures
The following procedures were used
for the intended deletion of Parcels 1
(excluding the SEAD–24 portion) and 2
from the Site:
(1) The Site was listed on the NPL on
August 30, 1990.
(2) Historic records, field
investigations, and other information at
the Site were used to establish Areas of
Concern which were later designated as
Solid Waste Management Units
(SWMUs), which are referred to at the
Site as ‘‘SEAD–#.’’ Over 100 SWMUs
have been identified at the Site.
(3) It has been determined that many
areas of the Site did not experience any
release of hazardous substances, did not
require further investigations, and did
not require designation as a SWMU.
Some of the areas within Parcels 1 and
2 have not been identified as areas of
concern and do not have a SEAD
number designation.
(4) Parcels 1 and 2 include four
SWMUs: SEAD–24, –50, –54, and –58.
SEAD–24, which lies within Parcel 1, is
not proposed for deletion at this time.
EPA has determined, however, that all
appropriate response actions at SEAD–
50, –54, and –58 have been
implemented. These determinations
were documented in Records of
Decisions (RODs [Comment 4]).
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(5) To facilitate transfer of property to
the public and development of certain
Parcels of the former SEDA facility,
Empire Biofuels, Seneca County, and
Flaum Management Company submitted
a Draft Notice of Intent to Partial
Deletion (NOIPD) package for Parcels 1
and 2, excluding the SEAD–24 portion
of Parcel 1.
(6) Seneca County Industrial
Development Agency has requested the
deletion of the identified portions of
Parcels 1 and 2.
(7) EPA recommends this partial
deletion and has prepared the relevant
documents.
(8) The State concurred with the
deletion of these Parcels in a letter dated
April 10, 2007.
(9) Concurrent with this Notice of
Intent for Partial Deletion, a notice has
been published in a local newspaper of
record and has been distributed to
appropriate Federal, State, and local
officials and to other interested parties.
These notices announce a thirty (30) day
public comment period on the partial
deletion package, which commences on
the date of publication of this notice in
the Federal Register and a local
newspaper of record, whichever period
is later.
(10) EPA has made all relevant
documents available at the information
repositories listed above.
Upon completion of the thirty (30)
day public comment period, EPA will
evaluate any comments received before
the issuing a final decision on the
partial deletion. If appropriate, EPA will
prepare a Responsiveness Summary to
address comments received during the
public comment period responding to
concerns presented in the comments.
The Responsiveness Summary will be
made available to the public at the
information repositories listed above. If,
after review of all public comments,
EPA determines that this partial
deletion from the NPL is appropriate,
EPA will publish a final notice of
deletion in the Federal Register.
Deletion of the Parcels does not actually
occur until the final Notice of Partial
Deletion is published in the Federal
Register.
IV. Basis for Intended Partial Site
Deletion
Background
SEDA encompasses approximately
10,634 acres, including all real property
within the ‘‘fence-line’’ that surrounds
SEDA. The military mission of the Site
has varied over the years. In 1942, it was
activated as the Seneca Ordnance Depot.
The mission of the Depot included the
storage, maintenance, and shipment of
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material for the U.S. Army, the
demilitarization of conventional
ammunition, and the training of Reserve
and National Guard units. The Depot
was designated for closure in 1995
under the Base Realignment and Closure
Act, resulting in deactivation of all
military activities. The Depot’s military
mission officially ended in 2000.
The Site was investigated by means of
Areas of Concern which were later
designated as SWMUs, which are
referred to at the Site as SEAD–#s. The
SEADs were identified based upon
historic information and field
investigations. Over 100 SWMUs have
been identified at the Site. One or more
SWMUs are located within each of the
Parcels proposed for deletion. To be
deleted from the NPL, EPA must
determine that no response action or no
further response action is appropriate.
Over the years, various hazardous
substances were used at the Site, and
hazardous wastes were generated,
stored, or disposed there. Numerous
studies and investigations have been
performed to locate, assess, and quantify
the past storage, disposal, and spill
areas of hazardous substance at the Site.
These investigations include: records
searches; interviews with base
personnel; field inspections;
compilation of waste inventory;
evaluation of disposal practices;
assessments to determine the nature and
extent of site contamination; soil and
groundwater analysis; a base-wide
health assessment; base-specific
hydrology investigations; and various
Site-specific investigations. Based upon
such studies and information, the Site
was included on the NPL on August 30,
1990. On January 21, 1993, the U.S.
Army entered into a Site-specific
Federal Facility Agreement with EPA
and NYSDEC under Section 120 of
CERCLA. By the terms of that
Agreement, the Army was required to
submit various reports concerning the
Site to the State and EPA for review and
comment. These reports addressed
remedial activities required under
CERCLA and included: The
identification of SWMUs; scoping
workplans, site inspections (SI) and
remedial investigation (RI); sampling
and analysis plans, quality assurance
plans; baseline and mini-risk
assessments; a community relations
plan; and proposed plans and records of
decisions.
Environmental studies pertinent to
this NOIPD relied on the following
documents which were completed to
facilitate the characterization and
evaluation process required for deletion
of selected parcels. These
investigations/reports included:
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• SWMU Classification Report, Final,
September 1994;
• Expanded Site Inspection Eight
Moderately Low Priority Areas of
Concern—SEADs 5, 9, 12 (A/B), (43, 56,
69), 44 (A/B), 50, 58 and 59, Draft—
Final, December 1995;
• Environmental Baseline Survey
Report Final, March 1997;
• Action Memorandum and Decision
Document for Time-Critical Removal
Actions Four Metals Sites (SEADs 24,
50/54 & 67), Final, August 2002;
• Finding of Suitability to Transfer
(FOST) for the PID and Warehouse Area,
July 2003;
• FOST for the Conservation/
Recreation Area, July 2003;
• Deed for SEAD–50/54, April 2004;
• Final ROD for the PID and
Warehouse Area at Seneca Army Depot
Activity, September 2004;
• Amendment 1 to the FOST for the
PID and Warehouse Area, December
2003;
• Final Completion Removal Report,
Time Critical Removal Action Metal
Sites, SEAD–50/54, December 2003;
• Final ROD for no Further Action
SWMUs (SEAD–50/54) at Seneca Army
Depot Activity, September 2005;
• Final ROD for No Action SWMU
(SEAD–58) and No Further Action
SWMU (SEAD–63) at Seneca Army
Depot Activity, September 2006;
• Request package for Partial Deletion
from SCIDA, November 2006;
• State concurrence letter, April 2007.
[Comment 5]
Based on the findings of the
environmental studies documented in
the reports above, the parcels proposed
for deletion meet the deletion criteria.
The history and current status of each
SWMU within the Parcels proposed for
deletion are summarized below.
Parcel 1—Empire Biofuels
Redevelopment [Comment 6 ]
This Parcel is comprised of
approximately 368.6 acres and contains
a portion (SEAD–58) that has been
addressed under CERCLA [Comment 7].
A second area (SEAD–24), situated
wholly within the boundaries of Parcel
1, is not proposed for deletion at this
time. SEAD–24 has undergone a soil
removal action and is awaiting a final
determination as to whether all
appropriate response action has been
implemented. A summary of SEAD–58
is provided as follows:
SEAD–58 Debris Area Near Booster
Station
Characterized as a debris area, SEAD–
58 is located in the western-central
portion of SEDA and is the northernmost SWMU in the Empire Biofuels
Redevelopment parcel. SEAD–58
encompasses two distinct debris
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disposal areas that vary in size from
200–300 feet in diameter. These areas
were used for the disposal of
miscellaneous waste purported to
include the pesticide DDT.
In 1994, an RI and supplemental
Expanded Site Inspection (ESI) were
initiated to characterize the full extent
of environmental impacts specific to
SEAD–58 and determine potential
threats to human health and the
environment. The investigations
entailed the completion of a geophysical
survey, a drilling program, test pit
excavations, and an environmental
sampling program designed to collect
surface soil, surface water, sediment,
subsurface soil, and groundwater media.
Based upon the area specific analytical
results evaluated for the May 2002 MiniRisk Assessment, the Army proposed
‘‘No Action’’ as a remedy.
Subsequent to review by EPA and the
State, the Final May 2002 Decision
Document was modified to incorporate
technical comments deleting the need
for land use restrictions for the two
debris disposal areas. In September
2006, EPA, with the concurrence of the
State, approved the May 2002 document
in which it was determined that SEAD–
58, with no land use restrictions, posed
no significant risk to the human health
or the environment. Approval of the
‘‘No Action’’ decision forms the basis to
delete SEAD–58 from the NPL, and it
affects all media (surface soils,
subsurface soils, structures, surface
water, and ground water).
SEAD–24 Abandoned Powder Burning
Pit (Not To Be Delisted)
SEAD–24, the Abandoned Powder
Burning Pit, is located in the westcentral portion of SEDA. The burning
pit comprises an area measuring
approximately 325 feet by 150 feet that
is surrounded on the east, south, and
west by a berm approximately 4 feet
high. The area is bounded to the north
by West Kendaia Road and by open
grassland and brush.
The Abandoned Powder Burning Pit
was active during the 1940s and 1950s.
Although operating practices at this area
are undocumented, it is presumed that
black powder, M10 and M16 solid
propellants, and explosive trash were
disposed here through controlled
burning. It was further presumed that
petroleum hydrocarbon fuel was used to
ignite the burn.
An ESI was performed at SEAD–24
between 1993 and 1994. The ESI
combined geophysical surveys and
intrusive methods to characterize the
nature and extent of the contaminants
present there. During intrusive
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operations, environmental samples of
soil and groundwater were collected.
Of the fifty-seven different analytes
for soil, three semi-volatile organic
compounds and fourteen metals were
present at concentrations that exceeded
cleanup objectives. The highest
concentrations were primarily limited to
surface soil samples.
The ground water sampling results
suggested no impact to the ground water
near the Abandoned Powder Burning
Pit.
A time-critical removal action was
conducted between 2002 and 2006 to
reduce metal and carcinogenic PAHs
contamination in soils. Regulatory
review of this action is in progress.
yshivers on PROD1PC62 with PROPOSALS
Parcel 2—Seneca County Jail [Comment
8]
This 25.2 acre parcel is located in the
southeast quadrant of SEDA, along its
eastern perimeter. The parcel
encompasses two SMWUs designated
SEAD–50 and SEAD–54, of which 22
acres have been remediated under
CERCLA. Investigations were completed
to identify potential environmental
impacts at each SWMU and were
supplemented with risk evaluations that
ultimately determined no further action
was required for these SWMUs. Based
on investigations and remedial activities
performed with EPA and State approval
and oversight, the SWMUs described
below are proposed for deletion from
the NPL.
SEAD–50 and SEAD–54 Tank Farm
Area
Characterized as a former tank farm
area, approximately 160 above-ground
storage tanks were once located within
the triangular shaped land tract known
as SEAD–50/54. The preliminary
investigation of the area, which was
performed in 1993, was reported in the
SWMU Classification Report, and as a
result it was identified as a SWMU. The
area which was subsequently identified
as SEAD–50 was used for dry material
storage that included stockpiles of
strategic ores such as antimony, rutile,
and silicon carbide. One storage tank
(Tank #88) contained asbestos ore
material and was assigned a separate
SEAD designation (SEAD–54). All tanks
were removed prior to implementing a
phased program of investigation,
evaluation, and remediation.
In 1994, an RI and supplemental ESI
were performed to characterize the full
extent of environmental impacts
specific to the SEAD–50/54 area and
determine potential threats to human
health and the environment. The
investigations entailed the completion
of a geophysical survey, a drilling
VerDate Aug<31>2005
15:47 Sep 10, 2007
Jkt 211001
program, test pit excavations, and an
environmental sampling program
designed to collect surface soil,
subsurface soil, surface water, sediment,
and groundwater media. Analytical
results identified elevated
concentrations of selected metals
(arsenic, lead, manganese, potassium,
and zinc) in tank farm soil materials that
were determined to represent a potential
environmental threat. A time-critical
removal action was performed from late
2002 to early 2003 to excavate, remove,
and dispose of impacted soil material
from SEAD–50/54. The ‘‘Final
Completion Report’’ for SEAD–50/54,
which documented findings of the
removal action and confirmatory
sampling results, presented data
supporting a determination that SEAD–
50/54 no longer poses a threat to human
health and the environment.
EPA, with the concurrence of the
State, approved a remedy in September
2005 which required ‘‘No Further
Action’’ for SEADs–50/54. The remedy
required that the PID and Warehouse
Areas, including SEADs–50/54, be
subject to controls restricting future
residential development and
groundwater use. Accordingly, the
recorded deed for this Parcel contains
the land use restrictions on land and
groundwater use. [Comment 9] These
land use controls are considered
CERCLA actions and are included
among the documents which are the
basis for this action.
Major Community Involvement
Activities
The Army published its Community
Relations Plan in October 1992 and
created a Restoration Advisory Board to
facilitate participation of and input from
the public throughout the CERCLA
cleanup process. Each decision
document at the Site has been made
available for public comment, discussed
at public meetings, and placed in the
information repository before the
decision document was finalized.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals,
Hazardous substances,
Intergovernmental relations, Reporting
and recordkeeping requirements,
Superfund.
Dated: August 17, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7–17750 Filed 9–10–07; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–7734 & D–7818]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
SUMMARY: Technical information or
comments are requested on the
proposed Base (1% annual chance)
Flood Elevations (BFEs) and proposed
BFEs modifications for the communities
listed below. The BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
ADDRESSES: The proposed BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) proposes to make
determinations of BFEs and modified
BFEs for each community listed below,
in accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are the minimum that are required.
They should not be construed to mean
that the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State or regional entities. These
proposed elevations are used to meet
E:\FR\FM\11SEP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51758-51762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17750]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0011; FRL-8465-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of a portion of the
Seneca Army Depot Activity Superfund Site from the National Priorities
List.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (EPA)
announces its intent to delete from the National Priorities List (NPL)
all media (surface soils, subsurface soils, structures, surface water,
and ground water) within the following two specific parcels of real
property located at the Seneca Army Depot Activity (SEDA) Superfund
Site (Site), Romulus, New York: Real Estate Parcel 1, except for a
portion of this parcel known as SEAD-24; and the entirety of Real
Estate Parcel 2. EPA requests public comment on this action. The NPL
constitutes Appendix B to the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended. EPA and
the State of New York, through its Department of Environmental
Conservation (the State), have determined that all appropriate CERCLA
response actions related to Parcel 1 (except the SEAD-24 portion) and
Parcel 2 have been implemented. This partial deletion pertains only to
Parcel 1 (except the SEAD-24 portion) and Parcel 2, and does not
include any other portions of the Site. The portion of Parcel 1 known
as SEAD-24 is not proposed for deletion at this time. Figure one (in
the deletion docket) shows a map of Real Estate Parcels 1 and 2, and
delineates between those areas being proposed for deletion and those
areas that will remain on the NPL.
The purpose of the proposed deletion of Parcel 1 (except the SEAD-
24 portion) and Parcel 2 is to remove uncontaminated and potentially
useful property from the NPL, thereby making
[[Page 51759]]
the land more desirable for re-development.
EPA has compiled the documents, such as soil sample results and
locations, maps, pollution reports, and other relevant deletion
documentation which were used by EPA in its determination to propose
deletion of these Parcels. These documents are located in the deletion
docket at the locations indicated below.
DATES: EPA will accept comments concerning its proposal for partial
deletion until October 11, 2007 and a local newspaper of record.
ADDRESSES: Submit your comments, identified by Docket No. EPA-HQ-SFUND-
1990-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: vazquez.julio@epa.gov.
Fax: (212) 637-3256.
Mail: USEPA--Region 2, Emergency and Remedial Response
Division, 290 Broadway--New York, NY 10007.
Hand delivery: USEPA--Region 2, Emergency and Remedial
Response Division, Federal Facilities Section, 290 Broadway, 18th
Floor, New York, NY 10007. 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 No. EPA-HQ-SFUND-1990-
0011. EPA's policy is to include in the public docket all comments
received, without change, and to make them available online at https://
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 through https://
www.regulations.gov or e-mail that you consider to be CBI or otherwise
protected. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment because of 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 they should be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in the hard copy. Publicly available docket materials are available
either electronically in https://www.regulations.gov or in hard copy at:
Regional Repository, U.S. EPA Region 2 Records Center, 290 Broadway--
18th Floor, New York, NY 10007-1866, Hours: 9 a.m. to 5 p.m.--Monday
through Friday. (212) 637-4308.
Local Site Repository, Seneca Army Depot Activity, 5786 State Route 96,
Building 123, Romulus, NY 14541, Hours: 9 a.m. to 3:30 p.m.--Monday
through Thursday, (607) 869-1494.
FOR FURTHER INFORMATION CONTACT: Mr. Julio F. Vazquez, Remedial Project
Manager, U.S. EPA Region 2, 290 Broadway, 18th Floor, New York, NY
10007-1866, (212) 637-4323.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA announces its intention to delete from the NPL all media
(surface soils, subsurface soils, structures, surface water, and ground
water) related to a portion of Real Estate Parcel 1 and all of Real
Estate Parcel 2 at the Seneca Army Depot Activity Superfund Site,
located in Romulus, New York, and requests public comments on this
action. The [Comment 1] NPL constitutes Appendix B of the NCP, 40 CFR
Part 300, which EPA promulgated pursuant to Section 105 of CERCLA. This
partial deletion is proposed in accordance with 40 CFR 300.425(e) and
the Notice of Policy Change: Partial Deletion of Sites listed on the
National Priorities List, 60 FR 55466 (Nov. 1, 1995). EPA and the State
have determined that all appropriate CERCLA response actions related to
a portion of Real Estate Parcel 1 and all of Real Estate Parcel 2 have
been implemented. This partial deletion pertains only to the designated
areas in Parcels 1 and 2 and does not include other portions of the
Site. In addition, there is one area located within Parcel 1, known as
SEAD-24, which is not proposed for deletion at this time. Boundaries of
the Parcels proposed for deletion, as well as the boundaries of SEAD-
24, can be reviewed at the Site's information repositories.
The following Parcels, either wholly or in part, are proposed for
deletion:
------------------------------------------------------------------------
Acres
Parcels deleted
------------------------------------------------------------------------
Parcel 1--Empire Biofuels Redevelopment....................... 368.6
Parcel 2--Seneca County Public Safety Building and Jail....... 25.2
------------------------------------------------------------------------
Parcel 1, also known as the Empire Biofuels Redevelopment area, is
located midway on the western edge of SEDA. Most of this Parcel did not
require remedial investigations under CERCLA. The two areas within
Parcel 1 that were investigated under CERCLA are known as SEAD-58 and
SEAD-24 [Comment 2]. SEAD-58 includes two debris disposal areas that
have been found to require no active remediation under CERCLA. SEAD-24
is a two-acre area that is not included in this proposed deletion and
will remain on the NPL. SEAD-24 underwent a soil removal action in 2004
and is awaiting a determination by EPA that all appropriate response
actions have been implemented.
Parcel 2, also known as the Seneca County Public Safety Building
and Jail area, is located along the eastern perimeter of the SEAD Site
in the southeast quadrant. The parcel encompasses two sub-parcel areas
designated as SEAD-50 and SEAD-54, both of which have been remediated.
Subsequent sampling of these two areas confirmed that all appropriate
CERCLA response actions were performed. However, SEAD-50 and -54 are
subject to Institutional Controls (ICs) because they are part of the
encompassing Planned Industrial Development (PID) area [Comment 3].
SEDA, which encompasses approximately 10,634 acres, includes
property owned by the U. S. Department of Army, the Seneca County
Industrial Development Agency (SCIDA), the local redevelopment
authority, New York State Department of Corrections, U.S. Department of
Homeland Security, Seneca County, and private entities. As part of the
Base Realignment and Closure Act (BRAC), the Federal government has
entered into agreements with SCIDA to transfer selected
[[Page 51760]]
properties for public and private reuse. Parcels 1 and 2 are currently
owned by SCIDA.
Seneca County, Empire Biofuels, Inc., and Flaum Management Company,
Inc. requested this partial deletion to facilitate reuse of these
Parcels. Summary reports submitted to EPA and the State have shown that
all appropriate response actions with regard to the soil, soil vapor,
structures, surface water, and ground water media for Parcels 1 and 2
(with the exception of SEAD-24 area in Parcel 1) have been performed or
that the conditions pose no significant threat to public health or the
environment and therefore remedial measures are not appropriate. This
notice is only for the Parcels specified herein and does not include
any other real properties within the Site. Ongoing remedial
investigations, remedial designs, and other soil, structures, surface
water, and ground water cleanup activities will continue at the
portions of the Site not included in this notice of intent to delete.
All of those other portions of the Site remain on the NPL, including
SEAD-24 within Parcel 1.
The NPL is a list maintained by EPA of sites that EPA has
determined present a significant risk to human health or welfare, or to
the environment. Pursuant to 40 CFR 300.425(e) of the NCP, any site or
portion of a site deleted from the NPL remains eligible for Superfund-
financed remedial actions if conditions at a site warrant such action.
EPA will accept public comments concerning this notice of intention
to partially delete portions of the Site for a period of thirty (30)
days after publication of this notice in the Federal Register and a
local newspaper of record.
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 all appropriate response actions have been performed
or no significant threat to public health and the environment exists.
In making this determination, EPA, in consultation with the State, will
consider whether any of the following criteria have been met:
Section 300.425(e)(1)(i). Responsible parties or other
persons have implemented all appropriate response actions required; or
Section 300.425(e)(1)(ii). All appropriate Fund-financed
responses under CERCLA have been implemented and no further cleanup by
responsible parties is appropriate; or
Section 300.425(e)(1)(iii). The remedial investigation has
shown that the release of hazardous substances poses no significant
threat to public health or the environment and, therefore, taking of
remedial measures is not appropriate.
Parcel 1, with the exception of SEAD-24, is proposed for deletion
from the NPL because remedial investigations have shown that no
significant threat to public health or the environment exists and
therefore no remedial measures are appropriate.
Parcel 2 is proposed for deletion from the NPL as all appropriate
CERCLA response actions have been implemented at this area, and area-
related studies or remedial investigations have shown that no further
cleanup is appropriate or necessary to protect public health or the
environment.
This partial deletion does not affect or impede any CERCLA response
activities at areas of the Site that are not deleted and that remain on
the NPL. Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any person's rights or obligations. The NPL is
designed primarily for informational purposes and to assist EPA
management.
III. Deletion Procedures
The following procedures were used for the intended deletion of
Parcels 1 (excluding the SEAD-24 portion) and 2 from the Site:
(1) The Site was listed on the NPL on August 30, 1990.
(2) Historic records, field investigations, and other information
at the Site were used to establish Areas of Concern which were later
designated as Solid Waste Management Units (SWMUs), which are referred
to at the Site as ``SEAD-.'' Over 100 SWMUs have been
identified at the Site.
(3) It has been determined that many areas of the Site did not
experience any release of hazardous substances, did not require further
investigations, and did not require designation as a SWMU. Some of the
areas within Parcels 1 and 2 have not been identified as areas of
concern and do not have a SEAD number designation.
(4) Parcels 1 and 2 include four SWMUs: SEAD-24, -50, -54, and -58.
SEAD-24, which lies within Parcel 1, is not proposed for deletion at
this time. EPA has determined, however, that all appropriate response
actions at SEAD-50, -54, and -58 have been implemented. These
determinations were documented in Records of Decisions (RODs [Comment
4]).
(5) To facilitate transfer of property to the public and
development of certain Parcels of the former SEDA facility, Empire
Biofuels, Seneca County, and Flaum Management Company submitted a Draft
Notice of Intent to Partial Deletion (NOIPD) package for Parcels 1 and
2, excluding the SEAD-24 portion of Parcel 1.
(6) Seneca County Industrial Development Agency has requested the
deletion of the identified portions of Parcels 1 and 2.
(7) EPA recommends this partial deletion and has prepared the
relevant documents.
(8) The State concurred with the deletion of these Parcels in a
letter dated April 10, 2007.
(9) Concurrent with this Notice of Intent for Partial Deletion, a
notice has been published in a local newspaper of record and has been
distributed to appropriate Federal, State, and local officials and to
other interested parties. These notices announce a thirty (30) day
public comment period on the partial deletion package, which commences
on the date of publication of this notice in the Federal Register and a
local newspaper of record, whichever period is later.
(10) EPA has made all relevant documents available at the
information repositories listed above.
Upon completion of the thirty (30) day public comment period, EPA
will evaluate any comments received before the issuing a final decision
on the partial deletion. If appropriate, EPA will prepare a
Responsiveness Summary to address comments received during the public
comment period responding to concerns presented in the comments. The
Responsiveness Summary will be made available to the public at the
information repositories listed above. If, after review of all public
comments, EPA determines that this partial deletion from the NPL is
appropriate, EPA will publish a final notice of deletion in the Federal
Register. Deletion of the Parcels does not actually occur until the
final Notice of Partial Deletion is published in the Federal Register.
IV. Basis for Intended Partial Site Deletion
Background
SEDA encompasses approximately 10,634 acres, including all real
property within the ``fence-line'' that surrounds SEDA. The military
mission of the Site has varied over the years. In 1942, it was
activated as the Seneca Ordnance Depot. The mission of the Depot
included the storage, maintenance, and shipment of
[[Page 51761]]
material for the U.S. Army, the demilitarization of conventional
ammunition, and the training of Reserve and National Guard units. The
Depot was designated for closure in 1995 under the Base Realignment and
Closure Act, resulting in deactivation of all military activities. The
Depot's military mission officially ended in 2000.
The Site was investigated by means of Areas of Concern which were
later designated as SWMUs, which are referred to at the Site as SEAD-
s. The SEADs were identified based upon historic information
and field investigations. Over 100 SWMUs have been identified at the
Site. One or more SWMUs are located within each of the Parcels proposed
for deletion. To be deleted from the NPL, EPA must determine that no
response action or no further response action is appropriate.
Over the years, various hazardous substances were used at the Site,
and hazardous wastes were generated, stored, or disposed there.
Numerous studies and investigations have been performed to locate,
assess, and quantify the past storage, disposal, and spill areas of
hazardous substance at the Site. These investigations include: records
searches; interviews with base personnel; field inspections;
compilation of waste inventory; evaluation of disposal practices;
assessments to determine the nature and extent of site contamination;
soil and groundwater analysis; a base-wide health assessment; base-
specific hydrology investigations; and various Site-specific
investigations. Based upon such studies and information, the Site was
included on the NPL on August 30, 1990. On January 21, 1993, the U.S.
Army entered into a Site-specific Federal Facility Agreement with EPA
and NYSDEC under Section 120 of CERCLA. By the terms of that Agreement,
the Army was required to submit various reports concerning the Site to
the State and EPA for review and comment. These reports addressed
remedial activities required under CERCLA and included: The
identification of SWMUs; scoping workplans, site inspections (SI) and
remedial investigation (RI); sampling and analysis plans, quality
assurance plans; baseline and mini-risk assessments; a community
relations plan; and proposed plans and records of decisions.
Environmental studies pertinent to this NOIPD relied on the
following documents which were completed to facilitate the
characterization and evaluation process required for deletion of
selected parcels. These investigations/reports included:
SWMU Classification Report, Final, September 1994;
Expanded Site Inspection Eight Moderately Low Priority
Areas of Concern--SEADs 5, 9, 12 (A/B), (43, 56, 69), 44 (A/B), 50, 58
and 59, Draft--Final, December 1995;
Environmental Baseline Survey Report Final, March 1997;
Action Memorandum and Decision Document for Time-Critical
Removal Actions Four Metals Sites (SEADs 24, 50/54 & 67), Final, August
2002;
Finding of Suitability to Transfer (FOST) for the PID and
Warehouse Area, July 2003;
FOST for the Conservation/Recreation Area, July 2003;
Deed for SEAD-50/54, April 2004;
Final ROD for the PID and Warehouse Area at Seneca Army
Depot Activity, September 2004;
Amendment 1 to the FOST for the PID and Warehouse Area,
December 2003;
Final Completion Removal Report, Time Critical Removal
Action Metal Sites, SEAD-50/54, December 2003;
Final ROD for no Further Action SWMUs (SEAD-50/54) at
Seneca Army Depot Activity, September 2005;
Final ROD for No Action SWMU (SEAD-58) and No Further
Action SWMU (SEAD-63) at Seneca Army Depot Activity, September 2006;
Request package for Partial Deletion from SCIDA, November
2006;
State concurrence letter, April 2007. [Comment 5]
Based on the findings of the environmental studies documented in
the reports above, the parcels proposed for deletion meet the deletion
criteria. The history and current status of each SWMU within the
Parcels proposed for deletion are summarized below.
Parcel 1--Empire Biofuels Redevelopment [Comment 6 ]
This Parcel is comprised of approximately 368.6 acres and contains
a portion (SEAD-58) that has been addressed under CERCLA [Comment 7]. A
second area (SEAD-24), situated wholly within the boundaries of Parcel
1, is not proposed for deletion at this time. SEAD-24 has undergone a
soil removal action and is awaiting a final determination as to whether
all appropriate response action has been implemented. A summary of
SEAD-58 is provided as follows:
SEAD-58 Debris Area Near Booster Station
Characterized as a debris area, SEAD-58 is located in the western-
central portion of SEDA and is the northern-most SWMU in the Empire
Biofuels Redevelopment parcel. SEAD-58 encompasses two distinct debris
disposal areas that vary in size from 200-300 feet in diameter. These
areas were used for the disposal of miscellaneous waste purported to
include the pesticide DDT.
In 1994, an RI and supplemental Expanded Site Inspection (ESI) were
initiated to characterize the full extent of environmental impacts
specific to SEAD-58 and determine potential threats to human health and
the environment. The investigations entailed the completion of a
geophysical survey, a drilling program, test pit excavations, and an
environmental sampling program designed to collect surface soil,
surface water, sediment, subsurface soil, and groundwater media. Based
upon the area specific analytical results evaluated for the May 2002
Mini-Risk Assessment, the Army proposed ``No Action'' as a remedy.
Subsequent to review by EPA and the State, the Final May 2002
Decision Document was modified to incorporate technical comments
deleting the need for land use restrictions for the two debris disposal
areas. In September 2006, EPA, with the concurrence of the State,
approved the May 2002 document in which it was determined that SEAD-58,
with no land use restrictions, posed no significant risk to the human
health or the environment. Approval of the ``No Action'' decision forms
the basis to delete SEAD-58 from the NPL, and it affects all media
(surface soils, subsurface soils, structures, surface water, and ground
water).
SEAD-24 Abandoned Powder Burning Pit (Not To Be Delisted)
SEAD-24, the Abandoned Powder Burning Pit, is located in the west-
central portion of SEDA. The burning pit comprises an area measuring
approximately 325 feet by 150 feet that is surrounded on the east,
south, and west by a berm approximately 4 feet high. The area is
bounded to the north by West Kendaia Road and by open grassland and
brush.
The Abandoned Powder Burning Pit was active during the 1940s and
1950s. Although operating practices at this area are undocumented, it
is presumed that black powder, M10 and M16 solid propellants, and
explosive trash were disposed here through controlled burning. It was
further presumed that petroleum hydrocarbon fuel was used to ignite the
burn.
An ESI was performed at SEAD-24 between 1993 and 1994. The ESI
combined geophysical surveys and intrusive methods to characterize the
nature and extent of the contaminants present there. During intrusive
[[Page 51762]]
operations, environmental samples of soil and groundwater were
collected.
Of the fifty-seven different analytes for soil, three semi-volatile
organic compounds and fourteen metals were present at concentrations
that exceeded cleanup objectives. The highest concentrations were
primarily limited to surface soil samples.
The ground water sampling results suggested no impact to the ground
water near the Abandoned Powder Burning Pit.
A time-critical removal action was conducted between 2002 and 2006
to reduce metal and carcinogenic PAHs contamination in soils.
Regulatory review of this action is in progress.
Parcel 2--Seneca County Jail [Comment 8]
This 25.2 acre parcel is located in the southeast quadrant of SEDA,
along its eastern perimeter. The parcel encompasses two SMWUs
designated SEAD-50 and SEAD-54, of which 22 acres have been remediated
under CERCLA. Investigations were completed to identify potential
environmental impacts at each SWMU and were supplemented with risk
evaluations that ultimately determined no further action was required
for these SWMUs. Based on investigations and remedial activities
performed with EPA and State approval and oversight, the SWMUs
described below are proposed for deletion from the NPL.
SEAD-50 and SEAD-54 Tank Farm Area
Characterized as a former tank farm area, approximately 160 above-
ground storage tanks were once located within the triangular shaped
land tract known as SEAD-50/54. The preliminary investigation of the
area, which was performed in 1993, was reported in the SWMU
Classification Report, and as a result it was identified as a SWMU. The
area which was subsequently identified as SEAD-50 was used for dry
material storage that included stockpiles of strategic ores such as
antimony, rutile, and silicon carbide. One storage tank (Tank
88) contained asbestos ore material and was assigned a
separate SEAD designation (SEAD-54). All tanks were removed prior to
implementing a phased program of investigation, evaluation, and
remediation.
In 1994, an RI and supplemental ESI were performed to characterize
the full extent of environmental impacts specific to the SEAD-50/54
area and determine potential threats to human health and the
environment. The investigations entailed the completion of a
geophysical survey, a drilling program, test pit excavations, and an
environmental sampling program designed to collect surface soil,
subsurface soil, surface water, sediment, and groundwater media.
Analytical results identified elevated concentrations of selected
metals (arsenic, lead, manganese, potassium, and zinc) in tank farm
soil materials that were determined to represent a potential
environmental threat. A time-critical removal action was performed from
late 2002 to early 2003 to excavate, remove, and dispose of impacted
soil material from SEAD-50/54. The ``Final Completion Report'' for
SEAD-50/54, which documented findings of the removal action and
confirmatory sampling results, presented data supporting a
determination that SEAD-50/54 no longer poses a threat to human health
and the environment.
EPA, with the concurrence of the State, approved a remedy in
September 2005 which required ``No Further Action'' for SEADs-50/54.
The remedy required that the PID and Warehouse Areas, including SEADs-
50/54, be subject to controls restricting future residential
development and groundwater use. Accordingly, the recorded deed for
this Parcel contains the land use restrictions on land and groundwater
use. [Comment 9] These land use controls are considered CERCLA actions
and are included among the documents which are the basis for this
action.
Major Community Involvement Activities
The Army published its Community Relations Plan in October 1992 and
created a Restoration Advisory Board to facilitate participation of and
input from the public throughout the CERCLA cleanup process. Each
decision document at the Site has been made available for public
comment, discussed at public meetings, and placed in the information
repository before the decision document was finalized.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals, Hazardous substances,
Intergovernmental relations, Reporting and recordkeeping requirements,
Superfund.
Dated: August 17, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-17750 Filed 9-10-07; 8:45 am]
BILLING CODE 6560-50-P
