National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 40085-40089 [E9-19066]
Download as PDF
<![CDATA[
40085
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
and address the comment in the
proposed rulemaking.
This action to approve the Scranton/
Wilkes-Barre revised maintenance plan
may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
C. Petitions for Judicial Review
Dated: July 28, 2009.
William C. Early,
Acting Regional Administrator, Region III.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 13, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
Name of non-regulatory SIP revision
Applicable geographic area
*
*
8-Hour Ozone Maintenance Plan and
2002 Base Year Emissions Inventory.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020, the table in paragraph
(e)(1) is amended by revising the entry
for the 8-Hour Ozone Maintenance Plan
and 2002 Base Year Emissions Inventory
for the Scranton/Wilkes Barre, PA Area
to read as follows:
■
§ 52.2020
*
State submittal date
*
*
Scranton/Wilkes-Barre Area: Lackawanna, Luzerne, Monroe and Wyoming Counties.
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
EPA approval date
*
*
*
*
*
*
*
[FR Doc. E9–18867 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
*
*
11/14/07, 72 FR 64948.
4/21/08
*
*
6/12/07
8/11/09, [Insert page number where the document
begins].
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
jlentini on DSKJ8SOYB1PROD with RULES
[EPA–HQ–SFUND–2005–0011; FRL–8942–6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
AGENCY: Environmental Protection
Agency.
VerDate Nov<24>2008
16:58 Aug 10, 2009
Jkt 217001
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
Additional
explanation
*
*
*
ACTION: Direct final Notice of Deletion of
the Delilah Road Landfill, Superfund
Site from the National Priorities List.
SUMMARY: The Environmental Protection
Agency (EPA) Region 2 is publishing a
direct final Notice of Deletion of the
Delilah Road Landfill, Superfund Site
(Site), located in Egg Harbor Township,
New Jersey, from the National Priorities
List (NPL). The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
E:\FR\FM\11AUR1.SGM
11AUR1
40086
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP) 40 CFR part
300. This direct final deletion is being
published by EPA with the concurrence
of the State of New Jersey, through the
New Jersey Department of
Environmental Protection, because EPA
has determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: This direct final deletion is
effective October 13, 2009 unless EPA
receives significant adverse comments
by September 10, 2009. If significant
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final deletion in the Federal
Register informing the public that the
deletion will not take effect, and will
continue with the deletion process on
the basis of the Notice of Intent To
Delete.
Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2005–0011, by one of the
following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
comments.
• E-mail: loney.natalie@epa.gov.
• Fax: (212) 637–4445.
• Mail: Natalie Loney, Community
Involvement Coordinator, U.S.
Environmental Protection Agency, 290
Broadway, 26th Floor, New York, New
York 10007–1866.
• Hand delivery: U.S. Environmental
Protection Agency Records Center,
Region 2, 290 Broadway, 18th Floor,
New York, New York 10007–1866. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2005–
0011, EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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 that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. 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.
jlentini on DSKJ8SOYB1PROD with RULES
ADDRESSES:
VerDate Nov<24>2008
16:58 Aug 10, 2009
Jkt 217001
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 due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
United States Environmental Protection
Agency Region 2 Records Center, 290
Broadway, 18th Floor, New York, NY
10007–1866, Building hours are
Monday to Friday 9 a.m.–5 p.m.,
Telephone number is (212) 637–4308, or
The Atlantic County Library, Egg Harbor
Township Branch, 1 Swift Avenue, Egg
Harbor Township, New Jersey 08234,
Building hours are Monday to Thursday
9 a.m. to 8 p.m., Friday and Saturday 9
a.m. to 5 p.m., Telephone number is
(609) 927–8664.
FOR FURTHER INFORMATION CONTACT:
Tanya Mitchell, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 2, 290 Broadway, 19th
Floor, New York, New York 10007–
1866, (212) 637–4362, e-mail:
mitchell.tanya@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct
final Notice of Deletion of the Delilah
Road Landfill, from the National
Priorities List (NPL). The NPL
constitutes Appendix B of 40 CFR part
300, which is the Oil and Hazardous
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in § 300.425(e)(3)
of the NCP, sites deleted from the NPL
remain eligible for Fund-financed
remedial actions if future conditions
warrant such actions.
Because EPA considers this action to
be noncontroversial and routine, this
action will be effective October 13, 2009
unless EPA receives adverse comments
by September 10, 2009. Along with this
direct final Notice of Deletion, EPA is
co-publishing a Notice of Intent to
Delete in the ‘‘Proposed Rules’’ section
of the Federal Register. If significant
adverse comments are received within
the 30-day public comment period on
this deletion action, EPA will publish a
timely withdrawal of this direct final
Notice of Deletion before the effective
date of the deletion, and the deletion
will not take effect. EPA will, as
appropriate, prepare a response to
comments and continue with the
deletion process on the basis of the
Notice of Intent to Delete and the
comments already received. There will
be no additional opportunity to
comment.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that EPA is using for this action. Section
IV discusses the Delilah Road Landfill
Superfund Site and demonstrates how it
meets the deletion criteria. Section V
discusses EPA’s action to delete the Site
from the NPL unless adverse comments
are received during the public comment
period.
II. NPL Deletion Criteria
The NCP establishes the criteria that
EPA uses to delete sites from the NPL.
In accordance with 40 CFR 300.425(e),
sites may be deleted from the NPL
where no further response is
appropriate. In making such a
determination pursuant to 40 CFR
300.425(e), EPA will consider, in
consultation with the state, whether any
of the following criteria have been met:
i. Responsible parties or other persons
have implemented all appropriate
response actions required;
ii. All appropriate Fund-financed
response under CERCLA has been
implemented, and no further response
E:\FR\FM\11AUR1.SGM
11AUR1
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
action by responsible parties is
appropriate; or
iii. The remedial investigation has
shown that the release poses no
significant threat to public health or the
environment and, therefore, the taking
of remedial measures is not appropriate.
jlentini on DSKJ8SOYB1PROD with RULES
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the state of
New Jersey prior to developing this
direct final Notice of Deletion and the
Notice of Intent to Delete co-published
today in the ‘‘Proposed Rules’’ section
of the Federal Register.
(2) EPA has provided the state 30
working days for review of this notice
and the parallel Notice of Intent to
Delete prior to their publication today,
and the state, through the New Jersey
Department of Environmental
Protection, has concurred on the
deletion of the Site from the NPL.
(3) Concurrently with the publication
of this direct final Notice of Deletion, a
notice of the availability of the parallel
Notice of Intent to Delete is being
published in a major local newspaper,
Shore News Today. The newspaper
notice announces the 30-day public
comment period concerning the Notice
of Intent to Delete the Site from the
NPL.
(4) The EPA placed copies of
documents supporting the proposed
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
(5) If significant adverse comments
are received within the 30-day public
comment period on this deletion action,
EPA will publish a timely notice of
withdrawal of this direct final Notice of
Deletion before its effective date and
will prepare a response to comments
and continue with the deletion process
on the basis of the Notice of Intent to
Delete and the comments already
received.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
individual’s rights or obligations.
Deletion of a site from the NPL does not
in any way alter EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist
EPA management. Section 300.425(e)(3)
of the NCP states that the deletion of a
site from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
VerDate Nov<24>2008
16:58 Aug 10, 2009
Jkt 217001
IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The Delilah Road Landfill Site is
located southwest of Delilah Road in
Egg Harbor Township, Atlantic County,
New Jersey, and is designated as Block
901, part of Lot 1 and all of Lots 2 and
52 on the Municipal Tax Map of Egg
Harbor Township. This area is
immediately northeast of the
intersection of the Garden State
Parkway and the Atlantic City
Expressway (Exit 38 of the Garden State
Parkway). The surrounding area is a
suburb of Atlantic City, comprised of
residential areas, small businesses, and
warehouses. The regional topography is
generally flat. The Site consists of
approximately 52 acres of land at an
average elevation of 50 feet above mean
sea level.
The Atlantic City Reservoir is about a
mile and a half north of the Site. The
closest surface water is Jarrets Run,
located 1,000 feet to the north of the
landfill. This small and often dry creek
runs into Absecon Creek, which flows
into Absecon Bay. The New Jersey
Water Company’s public water supply
wells are located to the northwest,
northeast, southeast and southwest of
the landfill and less than a mile away
from the Site.
The Site was originally used for sand
and gravel excavation. It was later
converted into a solid waste disposal
area. In 1972, NJDEP issued a Certificate
of Registration for the operation of a
sanitary landfill. At present, no future
reuse/development is known. Deed
restrictions at the Site stipulate no
residential development is permitted.
Landfill operations ceased in 1980,
when fill material reached the final
design elevation. NJDEP records suggest
that the landfill was not operated
properly and not closed correctly.
Several violations of NJDEP regulations
were reported by NJDEP inspectors
during the years of landfill operations
and after operations ceased. These
included emissions of foul odors,
windblown paper and other material,
and other operational and closure
inadequacies. A 1982 preliminary
assessment report prepared by EPA
indicated that the landfill may have a
potential impact on groundwater.
Remedial Investigation and Feasibility
Study (RI/FS)
On October 4, 1984, the Delilah Road
Landfill Site was placed on the National
Priorities List (NPL) of Superfund sites
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
40087
(49 FR 40320). In June of 1985, Camp
Dresser and McKee initiated a remedial
investigation and feasibility study (RI/
FS) to investigate the nature and extent
of hazardous substances present at the
Site. The RI/FS activities were
conducted under state authority in
accordance with New Jersey Regulations
for Oversight of Contaminated Sites,
N.J.A.C 7:26C. A field investigation of
the Site was initiated in February 1986
to evaluate remedial alternatives to
mitigate public health and
environmental impacts associated with
the landfill.
The Phase I RI/FS activities and the
Phase II RI/FS activities conducted in
1986 and 1988 did not identify the
presence of any organic compounds in
the soil samples from under the fill
material in the landfill which needed to
be addressed. Metals were found at
levels typical of background
concentration of natural soils.
Groundwater monitoring data for wells
located upgradient, downgradient and
side gradient to the landfill indicated
the presence of several metals
(chromium, lead, nickel, mercury,
aluminum and zinc) in concentrations
that exceeded the New Jersey Ground
Water Quality Standards. The metal
concentrations were consistent with
background levels and no site related
contamination was found in
groundwater that warranted action. The
RI/FS concluded that no response action
was required under CERCLA. New
Jersey, in accordance with New Jersey
Regulations for Oversight of
Contaminated Sites, N.J.A.C 7:26C,
selected a remedy that would provide
proper closure of the landfill and
require closure monitoring and controls
be enforced by the responsible parties.
Selected Remedy
On September 28, 1990, NJDEP issued
a ROD in accordance with New Jersey
Regulations for Oversight of
Contaminated Sites, N.J.A.C 7:26C,
which presented the selected remedy for
the Site that included: Placement of an
impermeable layer cap on the landfill;
installation of a surface water control
system; installation of a landfill gas
collection and treatment system based
on design studies to confirm the need
for this system; implementation of an air
and groundwater monitoring program;
fencing of the Site; and establishment of
an appropriate deed restriction. Since
the RI/FS determined that response
under CERCLA was not required, the
EPA did not concur on the remedy.
In March 1993, the Delilah Road
Potentially Responsible Party (PRP)
group implemented a groundwater
investigation at the Site in order to
E:\FR\FM\11AUR1.SGM
11AUR1
40088
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
determine if the impermeable layer cap
was needed and to evaluate the longterm impact of the landfill on
groundwater conditions further. The
results of groundwater sampling
conducted in October 1993 found that
groundwater quality had not
significantly changed from the RI/FS
groundwater sampling events conducted
in 1986 and 1988. Since the uncapped
landfill was not shown to be degrading
groundwater quality (beyond the extent
observed in 1986 and 1988) and
downgradient water users were utilizing
a public water supply, NJDEP
determined that a soil cap, rather than
a synthetic membrane as presented in
the ROD would provide sufficient
protection for the Site.
NJDEP issued an ESD in September
1998 which substituted the soil cap for
the impermeable cap. Under the
modified remedy, the landfill soil cap
would consist of 18 inches of soil cover
over approximately 47 acres. The
modified remedy includes all of the
other elements of the selected ROD
including: Fencing of the Site and
establishment of appropriate deed
restrictions; a groundwater quality
monitoring program; installation of a
surface water runoff control system; and
installation of a landfill gas collection
and treatment system subject to design
studies confirming the need for such a
system.
Response Actions
The PRP Group, composed of
American Cyanamid Company (now
Wyeth Holdings Corporation), Lenox
Incorporated, and Atlantic City Electric
Company, prepared a Remedial Action
Work Plan Outline (RAWPO) which
described the remedial design (RD) and
RA activities needed to complete the
project. The RAWPO was approved by
NJDEP in accordance with New Jersey
Regulations for Oversight of
Contaminated Sites, N.J.A.C 7:26C and
was included in the ACO, executed by
the PRP Group and NJDEP, and became
effective October 12, 1994.
In accordance with the RAWPO and
the ACO, a Phase I RAWP was prepared
and submitted to NJDEP to present the
Site investigation activities proposed to
support the design of the soil cap at the
Site. A revised RAWP was approved by
NJDEP February 1999. The Site
investigation activities included:
Delineation of the lateral extent of the
landfill waste; determination of the
existing cover depth within the landfill;
and monitoring along the landfill
perimeter for landfill gas. The lateral
extent of the landfill waste was found to
be limited to Block 901 Lots 2 and 52,
and a small area of Lot 1. The extent of
VerDate Nov<24>2008
16:58 Aug 10, 2009
Jkt 217001
the existing soil cover within the
interior of the landfill ranged from a few
inches to 1.5 feet, and lateral migration
of the landfill gas was detected in only
one localized area beneath E. Atlantic
Avenue.
The results of the Phase I
investigation provided the basis for the
soil cap design. The landfill waste
delineation determined the necessary
extent of the soil cap to be constructed,
the landfill cover thickness information
supported the soil cap grading
requirements, and the landfill gas
monitoring verified that a passive gas
migration control/venting system would
be necessary in a localized area of the
landfill adjacent to E. Atlantic Avenue.
NJDEP approved the June 16, 1999
Phase I Remedial Action Report (RAR)
August 1999.
The PRP Group’s consultant engineer,
Environmental Resources Management
(ERM), prepared remedial design plans
and specifications, which NJDEP
approved May 30, 2001 in the Phase II
RAWP. ERM also served as the
construction quality assurance (CQA)
consultant to the PRP Group. On
November 1, 2001, the PRP Group
selected Envirocon, Inc. as the RA
contractor for the construction of the
soil cap. The contractor started
construction in December of 2001.
The Phase II remedial actions
included: Modification of existing
groundwater monitoring well risers
located within the areal extent of the
cap system; regrading of the Site to
achieve designed subgrade elevations;
construction of an 18-inch soil cap over
the subgrade, which included the
placement of 12 inches of general fill
(cover soil) and 6 inches of topsoil;
hydroseeding of disturbed areas;
installation of slope bench drains,
downslope drains, and construction of
three percolation basins; construction of
a passive trench gas migration control/
venting system parallel with and
adjacent to East Atlantic Avenue;
installation of a site security fence
around the Site perimeter; and,
construction of access roads.
EPA accompanied NJDEP during a
pre-final Site inspection held on June
26, 2002. Minimal deficiencies were
found and few punch list items were
identified. Activities at the Site were
found to be completed and in
accordance with Close Out Procedures
for National Priorities List Sites
(OSWER Directive 9320.2–09A–P).
Construction of the soil cap system was
completed July 2002. The NJDEP
approved the October 30, 2002 Phase II
RAR on March 7, 2003.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Cleanup Goals
There were no cleanup goals required
under CERCLA. The construction was
performed under NJDEP oversight.
NJDEP has determined that the RA was
constructed consistent with the ROD as
amended by the ESD and the Phase II
RAWP and issued a No Further Action
(NFA) determination on August 18,
2006.
Community Involvement
Community involvement relative to
the landfill remedial action was
solicited throughout the RI/FS and RD/
RA process. The RI and FS Reports
(prepared by Camp Dresser & McKee
Inc.), which include the proposed
remedial action alternative for the Site,
were released to the public August 25,
1989. These documents were made
available to the public at two
information repositories: The Egg
Harbor Township Municipal Building,
Bargaintown, New Jersey and the
Atlantic County Library, Bargaintown,
New Jersey. Additional documentation
regarding the remedy selection was
made available within the
administrative record for the remedy,
which was placed in the NJDEP
Division of Hazardous Site Mitigation,
Bureau of Community Relations, in
Trenton, New Jersey. The notice of
availability for these documents was
sent to residents, state, county, and local
officials, and was published in local
newspapers. In addition, a public
meeting was held on August 18, 1989.
At this meeting, representatives from
NJDEP and EPA answered questions
concerning the contamination and
conditions at the Site and the remedial
alternatives under consideration.
Community concerns regarding the
landfill have remained at a moderate to
low level throughout the remedial
action activities. The major concern had
been contamination of residential and
business water supply wells. However,
this concern was mitigated by the
installation of a public water supply
system proximate to the Site for area
wide contamination of groundwater.
Determination That the Site Meets the
Criteria for Deletion in the NCP
One of the three criteria for site
deletion is that ‘‘the remedial
investigation has shown that the release
poses no significant threat to public
health or the environment and,
therefore, the taking of remedial
measures is not appropriate.’’ The
contribution to that risk from exposure
to soil was estimated to be 7 × 10–6,
which is within the acceptable risk
range. Since then, the landfill has been
E:\FR\FM\11AUR1.SGM
11AUR1
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
capped, thereby eliminating direct
contact with contaminated soil. The site
is also fenced, prohibiting trespassing.
Exposure to groundwater contributed a
risk of 3 × 10–4 and an HI of 3.3 to the
overall risk and hazard calculations for
the site. If the groundwater risk
assessment were performed today,
following the practices for calculating
an exposure point concentration (an
upper bound estimate of the mean
concentration) described in the Risk
Assessment Guidance for Superfund,
Part A (1989), and later clarified in the
‘‘Supplemental Guidance to RAGS:
Calculating the Concentration Term’’
(1992), the risk and hazard estimates
would be within the acceptable risk
range. Therefore, EPA determined that
no response action under CERCLA was
appropriate.
V. Deletion Action
The EPA, with concurrence of the
State of New Jersey through the New
Jersey Department of Environmental
Protection, has determined that all
appropriate response actions under
CERCLA, have been completed.
Therefore, EPA is deleting the Site from
the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective October 13, 2009
unless EPA receives significant adverse
comments by September 10, 2009. If
significant adverse comments are
received within the 30-day public
comment period, EPA will publish a
timely withdrawal of this direct final
notice of deletion before the effective
date of the deletion, and it will not take
effect. EPA will prepare a response to
comments and continue with the
deletion process on the basis of the
notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
jlentini on DSKJ8SOYB1PROD with RULES
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 27, 2009.
George Pavlou,
Acting Regional Administrator, Region II.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
■
VerDate Nov<24>2008
16:58 Aug 10, 2009
Jkt 217001
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by removing ‘‘Delilah
Road’’, ‘‘Egg Harbor Township, NJ.’’
■
[FR Doc. E9–19066 Filed 8–10–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
[MD Docket No. 09–65; MD Docket No. 08–
65; FCC 09–62]
Assessment and Collection of
Regulatory Fees for Fiscal Year 2009
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document, we amend
our Schedule of Regulatory Fees to
collect $341,875,000 in regulatory fees
for Fiscal Year (FY) 2009, pursuant to
section 9 of the Communications Act of
1934, as amended (the Act). These fees
are mandated by Congress and are
collected to recover the regulatory costs
associated with the Commission’s
enforcement, policy and rulemaking,
user information, and international
activities.
DATES:
Effective September 10, 2009.
FOR FURTHER INFORMATION CONTACT:
Daniel Daly, Office of Managing Director
at (202) 418–1832, or Roland Helvajian,
Office of Managing Director at (202)
418–0444.
SUPPLEMENTARY INFORMATION:
I. Introduction
1. In this Report and Order we
conclude the Assessment and Collection
of Regulatory Fees for Fiscal Year (FY)
2009 proceeding 1 to collect
$341,875,000 in regulatory fees for FY
2009, pursuant to section 9 of the
Communications Act of 1934, as
amended (the Act). Section 9 regulatory
fees are mandated by Congress and are
collected to recover the regulatory costs
associated with the Commission’s
enforcement, policy and rulemaking,
user information, and international
1 See Assessment and Collection of Regulatory
Fees for Fiscal Year 2009, MD Docket No. 09–65,
Notice of Proposed Rulemaking and Order, 24 FCC
Rcd 5966 (2009) (FY 2009 NPRM and Order).
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
40089
activities.2 The annual regulatory fee
amount to be collected is established
each year in the Commission’s annual
appropriations act which is adopted by
Congress and signed by the President
and which funds the Commission.3 In
this annual regulatory fee proceeding,
we retain many of the established
methods, policies, and procedures for
collecting section 9 regulatory fees
adopted by the Commission in prior
years. Consistent with our established
practice, we intend to collect these
regulatory fees during a filing window
in September 2009 in order to collect
the required amount by the end of our
fiscal year.
II. Report and Order
2. On May 14, 2009, we released a
Notice of Proposed Rulemaking and
Order (FY 2009 NPRM and Order, 74 FR
26329, June 2, 2009) seeking comment
on regulatory fee issues for FY 2009.4
The section 9 regulatory fee proceeding
is an annual rulemaking process to
ensure the Commission collects the fee
amount required by Congress each year.
In the FY 2009 NPRM and Order, we
proposed to largely retain the section 9
regulatory fee methodology used in the
prior fiscal year except as discussed
below. We received nine comments and
two reply comments.5 We address the
issues raised in our FY 2009 NPRM and
Order below.
A. FY 2009 Regulatory Fee Assessment
Methodology—Development of FY 2009
Regulatory Fees
3. We note at the outset that in the
context of their comments on the FY
2009 regulatory fee proceeding,
commenters 6 discussed the
Commission’s Further Notice of
Proposed Rulemaking, which
accompanied the FY 2008 regulatory fee
Report and Order (FY 2008 Report and
Order, 73 FR 50285, August 26, 2008).7
Through that proceeding the
2 47
U.S.C. 159(a).
Omnibus Appropriations Act, 2009, P.L.
111–8, for the FY 2009 appropriations act language
for the Commission establishing the amount of
$341,875,000 of offsetting collections to be assessed
and collected by the Commission pursuant to
section 9 of the Communications Act.
4 See FY 2009 NPRM and Order.
5 See Appendix A for the list of commenters and
abbreviated names.
6 See comments from American Association of
Paging Carriers (AAPC); Coalition of CanadianBased Service Providers (Coalition); Independent
Telephone and Telecommunications Alliance
(ITTA); and United States Telecom Association
(USTelecom).
7 See Assessment and Collection of Regulatory
Fees for Fiscal Year 2008, MD Docket No. 08–65,
Report and Order and Further Notice of Proposed
Rulemaking, 24 FCC Rcd 6389 (2008) (FY 2008
Report and Order).
3 See
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40085-40089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19066]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2005-0011; FRL-8942-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final Notice of Deletion of the Delilah Road Landfill,
Superfund Site from the National Priorities List.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 2 is
publishing a direct final Notice of Deletion of the Delilah Road
Landfill, Superfund Site (Site), located in Egg Harbor Township, New
Jersey, from the National Priorities List (NPL). The NPL, promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended, is
[[Page 40086]]
an appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) 40 CFR part 300. This direct final deletion is
being published by EPA with the concurrence of the State of New Jersey,
through the New Jersey Department of Environmental Protection, because
EPA has determined that all appropriate response actions under CERCLA
have been completed. However, this deletion does not preclude future
actions under Superfund.
DATES: This direct final deletion is effective October 13, 2009 unless
EPA receives significant adverse comments by September 10, 2009. If
significant adverse comments are received, EPA will publish a timely
withdrawal of the direct final deletion in the Federal Register
informing the public that the deletion will not take effect, and will
continue with the deletion process on the basis of the Notice of Intent
To Delete.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: loney.natalie@epa.gov.
Fax: (212) 637-4445.
Mail: Natalie Loney, Community Involvement Coordinator,
U.S. Environmental Protection Agency, 290 Broadway, 26th Floor, New
York, New York 10007-1866.
Hand delivery: U.S. Environmental Protection Agency
Records Center, Region 2, 290 Broadway, 18th Floor, New York, New York
10007-1866. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2005-0011, EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. 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 due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at: United
States Environmental Protection Agency Region 2 Records Center, 290
Broadway, 18th Floor, New York, NY 10007-1866, Building hours are
Monday to Friday 9 a.m.-5 p.m., Telephone number is (212) 637-4308, or
The Atlantic County Library, Egg Harbor Township Branch, 1 Swift
Avenue, Egg Harbor Township, New Jersey 08234, Building hours are
Monday to Thursday 9 a.m. to 8 p.m., Friday and Saturday 9 a.m. to 5
p.m., Telephone number is (609) 927-8664.
FOR FURTHER INFORMATION CONTACT: Tanya Mitchell, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
19th Floor, New York, New York 10007-1866, (212) 637-4362, e-mail:
mitchell.tanya@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct final Notice of Deletion of
the Delilah Road Landfill, from the National Priorities List (NPL). The
NPL constitutes Appendix B of 40 CFR part 300, which is the Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in Sec.
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective October 13, 2009 unless EPA
receives adverse comments by September 10, 2009. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent to
Delete in the ``Proposed Rules'' section of the Federal Register. If
significant adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
withdrawal of this direct final Notice of Deletion before the effective
date of the deletion, and the deletion will not take effect. EPA will,
as appropriate, prepare a response to comments and continue with the
deletion process on the basis of the Notice of Intent to Delete and the
comments already received. There will be no additional opportunity to
comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Delilah Road Landfill
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response
[[Page 40087]]
action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the state of New Jersey prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co-published today in the ``Proposed Rules'' section of the Federal
Register.
(2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the state, through the New Jersey Department of
Environmental Protection, has concurred on the deletion of the Site
from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, Shore
News Today. The newspaper notice announces the 30-day public comment
period concerning the Notice of Intent to Delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If significant adverse comments are received within the 30-day
public comment period on this deletion action, EPA will publish a
timely notice of withdrawal of this direct final Notice of Deletion
before its effective date and will prepare a response to comments and
continue with the deletion process on the basis of the Notice of Intent
to Delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Delilah Road Landfill Site is located southwest of Delilah Road
in Egg Harbor Township, Atlantic County, New Jersey, and is designated
as Block 901, part of Lot 1 and all of Lots 2 and 52 on the Municipal
Tax Map of Egg Harbor Township. This area is immediately northeast of
the intersection of the Garden State Parkway and the Atlantic City
Expressway (Exit 38 of the Garden State Parkway). The surrounding area
is a suburb of Atlantic City, comprised of residential areas, small
businesses, and warehouses. The regional topography is generally flat.
The Site consists of approximately 52 acres of land at an average
elevation of 50 feet above mean sea level.
The Atlantic City Reservoir is about a mile and a half north of the
Site. The closest surface water is Jarrets Run, located 1,000 feet to
the north of the landfill. This small and often dry creek runs into
Absecon Creek, which flows into Absecon Bay. The New Jersey Water
Company's public water supply wells are located to the northwest,
northeast, southeast and southwest of the landfill and less than a mile
away from the Site.
The Site was originally used for sand and gravel excavation. It was
later converted into a solid waste disposal area. In 1972, NJDEP issued
a Certificate of Registration for the operation of a sanitary landfill.
At present, no future reuse/development is known. Deed restrictions at
the Site stipulate no residential development is permitted.
Landfill operations ceased in 1980, when fill material reached the
final design elevation. NJDEP records suggest that the landfill was not
operated properly and not closed correctly. Several violations of NJDEP
regulations were reported by NJDEP inspectors during the years of
landfill operations and after operations ceased. These included
emissions of foul odors, windblown paper and other material, and other
operational and closure inadequacies. A 1982 preliminary assessment
report prepared by EPA indicated that the landfill may have a potential
impact on groundwater.
Remedial Investigation and Feasibility Study (RI/FS)
On October 4, 1984, the Delilah Road Landfill Site was placed on
the National Priorities List (NPL) of Superfund sites (49 FR 40320). In
June of 1985, Camp Dresser and McKee initiated a remedial investigation
and feasibility study (RI/FS) to investigate the nature and extent of
hazardous substances present at the Site. The RI/FS activities were
conducted under state authority in accordance with New Jersey
Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C. A field
investigation of the Site was initiated in February 1986 to evaluate
remedial alternatives to mitigate public health and environmental
impacts associated with the landfill.
The Phase I RI/FS activities and the Phase II RI/FS activities
conducted in 1986 and 1988 did not identify the presence of any organic
compounds in the soil samples from under the fill material in the
landfill which needed to be addressed. Metals were found at levels
typical of background concentration of natural soils. Groundwater
monitoring data for wells located upgradient, downgradient and side
gradient to the landfill indicated the presence of several metals
(chromium, lead, nickel, mercury, aluminum and zinc) in concentrations
that exceeded the New Jersey Ground Water Quality Standards. The metal
concentrations were consistent with background levels and no site
related contamination was found in groundwater that warranted action.
The RI/FS concluded that no response action was required under CERCLA.
New Jersey, in accordance with New Jersey Regulations for Oversight of
Contaminated Sites, N.J.A.C 7:26C, selected a remedy that would provide
proper closure of the landfill and require closure monitoring and
controls be enforced by the responsible parties.
Selected Remedy
On September 28, 1990, NJDEP issued a ROD in accordance with New
Jersey Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C,
which presented the selected remedy for the Site that included:
Placement of an impermeable layer cap on the landfill; installation of
a surface water control system; installation of a landfill gas
collection and treatment system based on design studies to confirm the
need for this system; implementation of an air and groundwater
monitoring program; fencing of the Site; and establishment of an
appropriate deed restriction. Since the RI/FS determined that response
under CERCLA was not required, the EPA did not concur on the remedy.
In March 1993, the Delilah Road Potentially Responsible Party (PRP)
group implemented a groundwater investigation at the Site in order to
[[Page 40088]]
determine if the impermeable layer cap was needed and to evaluate the
long-term impact of the landfill on groundwater conditions further. The
results of groundwater sampling conducted in October 1993 found that
groundwater quality had not significantly changed from the RI/FS
groundwater sampling events conducted in 1986 and 1988. Since the
uncapped landfill was not shown to be degrading groundwater quality
(beyond the extent observed in 1986 and 1988) and downgradient water
users were utilizing a public water supply, NJDEP determined that a
soil cap, rather than a synthetic membrane as presented in the ROD
would provide sufficient protection for the Site.
NJDEP issued an ESD in September 1998 which substituted the soil
cap for the impermeable cap. Under the modified remedy, the landfill
soil cap would consist of 18 inches of soil cover over approximately 47
acres. The modified remedy includes all of the other elements of the
selected ROD including: Fencing of the Site and establishment of
appropriate deed restrictions; a groundwater quality monitoring
program; installation of a surface water runoff control system; and
installation of a landfill gas collection and treatment system subject
to design studies confirming the need for such a system.
Response Actions
The PRP Group, composed of American Cyanamid Company (now Wyeth
Holdings Corporation), Lenox Incorporated, and Atlantic City Electric
Company, prepared a Remedial Action Work Plan Outline (RAWPO) which
described the remedial design (RD) and RA activities needed to complete
the project. The RAWPO was approved by NJDEP in accordance with New
Jersey Regulations for Oversight of Contaminated Sites, N.J.A.C 7:26C
and was included in the ACO, executed by the PRP Group and NJDEP, and
became effective October 12, 1994.
In accordance with the RAWPO and the ACO, a Phase I RAWP was
prepared and submitted to NJDEP to present the Site investigation
activities proposed to support the design of the soil cap at the Site.
A revised RAWP was approved by NJDEP February 1999. The Site
investigation activities included: Delineation of the lateral extent of
the landfill waste; determination of the existing cover depth within
the landfill; and monitoring along the landfill perimeter for landfill
gas. The lateral extent of the landfill waste was found to be limited
to Block 901 Lots 2 and 52, and a small area of Lot 1. The extent of
the existing soil cover within the interior of the landfill ranged from
a few inches to 1.5 feet, and lateral migration of the landfill gas was
detected in only one localized area beneath E. Atlantic Avenue.
The results of the Phase I investigation provided the basis for the
soil cap design. The landfill waste delineation determined the
necessary extent of the soil cap to be constructed, the landfill cover
thickness information supported the soil cap grading requirements, and
the landfill gas monitoring verified that a passive gas migration
control/venting system would be necessary in a localized area of the
landfill adjacent to E. Atlantic Avenue. NJDEP approved the June 16,
1999 Phase I Remedial Action Report (RAR) August 1999.
The PRP Group's consultant engineer, Environmental Resources
Management (ERM), prepared remedial design plans and specifications,
which NJDEP approved May 30, 2001 in the Phase II RAWP. ERM also served
as the construction quality assurance (CQA) consultant to the PRP
Group. On November 1, 2001, the PRP Group selected Envirocon, Inc. as
the RA contractor for the construction of the soil cap. The contractor
started construction in December of 2001.
The Phase II remedial actions included: Modification of existing
groundwater monitoring well risers located within the areal extent of
the cap system; regrading of the Site to achieve designed subgrade
elevations; construction of an 18-inch soil cap over the subgrade,
which included the placement of 12 inches of general fill (cover soil)
and 6 inches of topsoil; hydroseeding of disturbed areas; installation
of slope bench drains, downslope drains, and construction of three
percolation basins; construction of a passive trench gas migration
control/venting system parallel with and adjacent to East Atlantic
Avenue; installation of a site security fence around the Site
perimeter; and, construction of access roads.
EPA accompanied NJDEP during a pre-final Site inspection held on
June 26, 2002. Minimal deficiencies were found and few punch list items
were identified. Activities at the Site were found to be completed and
in accordance with Close Out Procedures for National Priorities List
Sites (OSWER Directive 9320.2-09A-P). Construction of the soil cap
system was completed July 2002. The NJDEP approved the October 30, 2002
Phase II RAR on March 7, 2003.
Cleanup Goals
There were no cleanup goals required under CERCLA. The construction
was performed under NJDEP oversight. NJDEP has determined that the RA
was constructed consistent with the ROD as amended by the ESD and the
Phase II RAWP and issued a No Further Action (NFA) determination on
August 18, 2006.
Community Involvement
Community involvement relative to the landfill remedial action was
solicited throughout the RI/FS and RD/RA process. The RI and FS Reports
(prepared by Camp Dresser & McKee Inc.), which include the proposed
remedial action alternative for the Site, were released to the public
August 25, 1989. These documents were made available to the public at
two information repositories: The Egg Harbor Township Municipal
Building, Bargaintown, New Jersey and the Atlantic County Library,
Bargaintown, New Jersey. Additional documentation regarding the remedy
selection was made available within the administrative record for the
remedy, which was placed in the NJDEP Division of Hazardous Site
Mitigation, Bureau of Community Relations, in Trenton, New Jersey. The
notice of availability for these documents was sent to residents,
state, county, and local officials, and was published in local
newspapers. In addition, a public meeting was held on August 18, 1989.
At this meeting, representatives from NJDEP and EPA answered questions
concerning the contamination and conditions at the Site and the
remedial alternatives under consideration.
Community concerns regarding the landfill have remained at a
moderate to low level throughout the remedial action activities. The
major concern had been contamination of residential and business water
supply wells. However, this concern was mitigated by the installation
of a public water supply system proximate to the Site for area wide
contamination of groundwater.
Determination That the Site Meets the Criteria for Deletion in the NCP
One of the three criteria for site deletion is that ``the remedial
investigation has shown that the release poses no significant threat to
public health or the environment and, therefore, the taking of remedial
measures is not appropriate.'' The contribution to that risk from
exposure to soil was estimated to be 7 x 10-6, which is
within the acceptable risk range. Since then, the landfill has been
[[Page 40089]]
capped, thereby eliminating direct contact with contaminated soil. The
site is also fenced, prohibiting trespassing. Exposure to groundwater
contributed a risk of 3 x 10-4 and an HI of 3.3 to the
overall risk and hazard calculations for the site. If the groundwater
risk assessment were performed today, following the practices for
calculating an exposure point concentration (an upper bound estimate of
the mean concentration) described in the Risk Assessment Guidance for
Superfund, Part A (1989), and later clarified in the ``Supplemental
Guidance to RAGS: Calculating the Concentration Term'' (1992), the risk
and hazard estimates would be within the acceptable risk range.
Therefore, EPA determined that no response action under CERCLA was
appropriate.
V. Deletion Action
The EPA, with concurrence of the State of New Jersey through the
New Jersey Department of Environmental Protection, has determined that
all appropriate response actions under CERCLA, have been completed.
Therefore, EPA is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective October 13, 2009 unless EPA receives significant adverse
comments by September 10, 2009. If significant adverse comments are
received within the 30-day public comment period, EPA will publish a
timely withdrawal of this direct final notice of deletion before the
effective date of the deletion, and it will not take effect. EPA will
prepare a response to comments and continue with the deletion process
on the basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: July 27, 2009.
George Pavlou,
Acting Regional Administrator, Region II.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
0
2. Table 1 of Appendix B to part 300 is amended by removing ``Delilah
Road'', ``Egg Harbor Township, NJ.''
[FR Doc. E9-19066 Filed 8-10-09; 8:45 am]
BILLING CODE 6560-50-P
