National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the SMS Instruments, Inc. Superfund Site, 44920-44924 [2010-18774]
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Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule 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 this rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 22, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In §180.960, the table is amended
by adding alphabetically the following
polymer to read as follows:
■
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
Therefore, 40 CFR chapter I is
amended as follows:
■
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Polymer
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*
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–9183–2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the SMS Instruments, Inc.
Superfund Site
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Direct final rule.
The Environmental Protection
Agency (EPA), Region 2, announces the
deletion of the SMS Instruments, Inc.
Superfund Site (Site), located in Deer
Park, Suffolk County, New York, from
the National Priorities List (NPL). The
NPL, promulgated pursuant to section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the State of
New York, through the New York State
Department of Environmental
Conservation (NYSDEC), because EPA
has determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
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SUMMARY:
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110531–96–9
This direct final deletion will be
effective September 13, 2010 unless
EPA receives significant adverse
comments by August 30, 2010. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final deletion in the Federal
Register informing the public that the
deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1986–0005, by one of the
following methods:
• Web site: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: dannenberg.mark@epa.gov.
• Fax: to the attention of Mark
Dannenberg at (212) 637–3966.
• Mail: Mark Dannenberg, Remedial
Project Manager, Emergency and
Remedial Response Division, U.S.
Environmental Protection Agency,
Region 2, 290 Broadway, 20th Floor,
New York, NY 10007–1866.
• Hand Delivery: Superfund Records
Center, 290 Broadway, 18th Floor, and
New York, NY 10007–1866 (telephone:
212–637–4308). Such deliveries are only
accepted during the Record Center’s
normal hours of operation (Monday to
Friday from 9 a.m. to 5 p.m.) and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1986–
0005. 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
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DATES:
[FR Doc. 2010–18778 Filed 7–29; 8:45 am]
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CAS No.
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Castor oil, ethoxylated, dioleate, minimum number average molecular weight (in
amu), 1260.
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whose disclosure is restricted by statute.
Do not submit information that you
consider being CBI or otherwise
protected through https://
www.regulations.gov or via 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
comments. If you send e-mail comments
to EPA, your e-mail address will be
included as part of the comment that is
placed in the public docket and made
available on the Web site. If you submit
electronic comments, EPA recommends
that you include your name and other
contact information in the body of your
comments and with any disks or CD–
ROMs that you submit. If EPA cannot
read your comments due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comments. Electronic
files should avoid the use of special
characters and any form of encryption
and should be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the 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 hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
• Superfund Records Center, 290
Broadway, 18th Floor, New York, NY
10007–1866. Hours: Monday to Friday
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from 9 a.m. to 5 p.m., Phone: 212–637–
4308.
• New York State Department of
Environmental Conservation, Region 1,
SUNY @ Stony Brook, 50 Circle Road,
Stony Brook, New York 11790, Phone:
631–444–0240.
FOR FURTHER INFORMATION CONTACT:
Mark Dannenberg, Remedial Project
Manager, Emergency and Remedial
Response Division, U.S. Environmental
Protection Agency, Region 2, 290
Broadway, 20th Floor, New York, NY
10007–1866, telephone (212) 637–4251;
fax (212) 637–3966; or e-mail:
dannenberg.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct
final Notice of Deletion of the SMS
Instruments Superfund Site (Site) 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 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, a site deleted from the NPL
remains eligible for remedial actions if
conditions at the site warrant such
action.
Because EPA considers this action to
be noncontroversial and routine, this
action will be effective September 13,
2010 unless EPA receives significant
adverse comments by August 30, 2010.
Along with this direct final Notice of
Deletion, EPA is co-publishing a Notice
of Intent to Delete in the ‘‘Proposed
Rules’’ section of the Federal Register. If
adverse comments are received within
the 30-day public comment period of
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, if
appropriate, prepare a response to
comments and continue with the
deletion process on the basis of the
Notice of Intent to Delete and the
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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 SMS Instruments, Inc.
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 parties
have implemented all appropriate
response actions required; or
ii. All appropriate Fund-financed
responses under CERCLA have been
implemented, and no further action by
responsible parties is appropriate; or
iii. The remedial investigation 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.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the state of
New York 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 York
Department of Environmental
Conservation, 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 The South Bay News, a
major local newspaper. 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
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deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
(5) If adverse comments are received
within the 30-day public comment
period on this deletion action, EPA will
publish a timely notice of withdrawal of
this direct final Notice of Deletion
before its effective date and will prepare
a response to comments and continue
with the deletion process on the basis of
the Notice of Intent to Delete and the
comments already received.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
individual’s rights or obligations.
Deletion of a site from the NPL does not
in any way alter EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist
EPA management. Section 300.425(e)(3)
of the NCP states that the deletion of a
site from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
IV. Basis for Site Deletion
The following summary provides
EPA’s rationale for deleting SMS
Instruments Superfund Site (EPA ID:
NYD001533165) from the NPL:
Background
The Site is a 1.5-acre facility located
at 120 Marcus Boulevard in Deer Park,
New York. The facility was in operation
from 1967 to 1990. The Site is in a light
industrial and residential area and
includes a 34,000 square-foot building.
About 90% of the lot is covered by
either the building or asphalt pavement.
Primary operations at the SMS
Instruments facility consisted of
overhauling of military aircraft
components which included the
following operations: Cleaning,
painting, degreasing, refurbishing, metal
machining, and testing of components.
Industrial wastes generated from
degreasing and other refurbishing
operations were discharged to a
leaching pool on Site. Other sources of
contamination included a 6,000 gallon
Underground Storage Tank (UST) used
for jet fuel storage and corroded and
leaking drums stored outdoors in an
unprotected area.
The site is located on the outwash
plain of Long Island. The site elevation
is approximately 75 feet above mean sea
level. Topography is generally flat with
the exception of a steep embankment
leading to a large basin 50 feet from the
eastern property line. The basin is
within a major recharge zone for both
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the Upper Glacial and Magothy aquifers,
which supply water to the entire island.
The uppermost aquifer, the Upper
Glacial, underlies the site. The depth to
the water table is approximately 20 feet
below grade. The saturated portion of
the Upper Glacial aquifer, with a
thickness of 100 feet, begins at the water
table and extends down to 120 feet
below grade. The Upper Glacial aquifer
is underlain by the Magothy aquifer
which is approximately 900 feet thick in
the vicinity of the site. The groundwater
flow direction is southerly for the Upper
Glacial aquifer. Land use within the
immediate vicinity of the site is light
industrial, but predominant land use in
the surrounding area is commercial and
residential. Approximately 5,000
residences are within 1 mile of the site.
A preliminary assessment of the Site
was performed by EPA in 1982 to
determine its hazard ranking. Based
upon the analytical results, which
indicated that the groundwater in the
vicinity of the Site contained various
volatile organic compounds, the Site
was listed on the New York State
Registry of Inactive Hazardous Waste
Disposal Sites as a ‘‘Class 2 Inactive
Hazardous Waste Site’’ in 1985.
The Site was added to the NPL on
June 10, 1986 (51 FR 21054).
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Remedial Investigation and Feasibility
Study (RI/FS)
The first Remedial Investigation and
Feasibility Study (RI/FS) for the site was
initiated in April 1987 and completed in
June 1989. Through the site
investigations, EPA determined that the
contaminants of concern present in
soils, and in the groundwater were
volatile organic compounds (VOCs).
Contaminants of concern at the site
included benzene, toluene,
chlorobenzene and xylene in both soils
and groundwater. The site-related VOC
groundwater contaminant plume was
determined to have a cross-width of less
than 70 feet and to extend vertically into
the shallow portion (upper 40 saturated
feet) of the Upper Glacial aquifer. In
addition, EPA determined from the risk
assessment that the contaminants in the
groundwater in the shallow portion of
the Upper Glacial aquifer at the site, if
not addressed, pose an unacceptable
cancer risk and noncancer hazard.
Groundwater contamination was also
identified in the groundwater
upgradient of the site which was
attributed to upgradient sources other
than those at the SMS Instruments site.
Groundwater remediation addressed
both site-related and upgradient
contaminant to State and Federal
drinking water standards.
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Selected Remedy
A Record of Decision (ROD) was
signed on September 29, 1989 for
Operable Unit 1 (OU–1), which
addressed contaminated soil and
groundwater related to the Site. The
ROD selected two media-specific
remediation actions, one for soil and
one for groundwater. The following are
the Remedial Action Objectives: (1)
Remove the site-related sources of
contamination into the groundwater to
expedite compliance with Federal and
State groundwater standards; (2) prevent
potential future ingestion of site-related
contaminated groundwater; (3) restore
the quality of groundwater
contaminated from the site-related
activities to levels consistent with the
Federal and State drinking water and
groundwater quality standards; and (4)
mitigate migration from the site of the
site-related contaminated groundwater.
The ROD specified the following
remedial action components: (1) In-situ
air stripping (soil vapor extraction), of
the contaminated soil in the
southeastern portion of the property in
the area of high VOC contamination; (2)
extraction of the site-related
groundwater contaminant plume
present in the upper 50 feet of the
saturated Upper Glacial aquifer; (3)
treatment of contaminated groundwater
to drinking water standards; (4)
reinjection of the treated groundwater
into the Upper Glacial aquifer; and (5)
disposal of treatment residuals, as
appropriate.
As a requirement of the first ROD for
the Site a second RI/FS was performed
(as Operable Unit 2 (OU–2)) to
determine the presence/existence of
offsite, upgradient sources of
contamination. No upgradient sources
of contamination were found and a ROD
for OU–2 was signed on September 27,
1993 which selected a ‘‘no-action’’
remedy.
Response Actions
The owner of the property negotiated
a settlement with EPA in 1988 and the
EPA took over all work associated with
OU–1 and OU–2 Remedial Design and
Remedial Action activities. The
Remedial Design of the remedies was
performed by CDM Federal, Inc. on
behalf of EPA. The Remedial Action was
implemented in two phases: Soil
remediation and groundwater
remediation.
Soil Remediation
Based on data from the RI and
knowledge of the locations of the two
primary source areas, namely, the
underground cesspool and former UST,
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EPA’s contractor (CDM Federal, Inc.)
prepared a remedial design for a Soil
Vapor Extraction System (SVE) to
remediate these source areas. CDM
Federal, Inc. initiated the construction
of the SVE system in October 1991; the
construction was completed in April
1992 and operation of the SVE system
began shortly thereafter. Soil
contamination in the soil vadose zone,
within each of the two source areas, was
remediated of VOCs (predominantly
benzene, toluene, ethylbenzene, and
xylenes (BTEX)) down to the water table
depth approximately 20 feet below
ground surface. Operation of the SVE
system continued until November 1993,
when it was determined (and confirmed
by soil sampling) that all soil cleanup
levels had been achieved. During the
soil remedial action activities, CDM
collected groundwater samples to
monitor the contaminant levels at the
site. In addition, CDM’s subcontractor
continuously monitored the influent
and effluent air streams to, and from,
the SVE system to assure treatment was
being performed in accordance with the
performance requirements of the sitespecific Monitoring Plan.
Demobilization of soil remediation
equipment occurred in March 1994. A
Remedial Action Report, documenting
the completion of the remedial action,
was approved by EPA on September 22,
1994.
Groundwater Remediation
On-site construction activities were
initiated in August 1993. Construction
of the groundwater treatment system
was completed in June 1994. The
system began full operation in
September 1994. The groundwater
remedy consisted of pumping
contaminated groundwater out of the
aquifer, treating it through air stripping
and carbon adsorption, and reinjecting
it into the aquifer. The Remedial Action
Report documenting the completion of
the construction of the groundwater
remediation system at the site was
signed on March 31, 1995. The total
flow rate through the treatment plant
was approximately 90 gallons per
minute (gpm), pumped from two
extraction wells. The system was in
almost continuous operation from
September 1994 through September
2005, treating a total of approximately
500 million gallons of contaminated
groundwater. It should be noted that,
due to frequent clogging of the injection
wells, permission was granted (from the
Town of Babylon) to discontinue use of
the injection wells and discharge the
treated groundwater directly into the
recharge basin located adjacent to the
site. The requirements for this discharge
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are the same as those for reinjection
back into the aquifer. The groundwater
treatment plant was decommissioned in
2007. The final building demolition and
concrete foundation removal was
completed in December 2007. In May
2008, NYSDEC issued the Final Pump
and Treat System Dismantlement
Report.
In 2005, EPA secured a REAC
Contract with EarthTech, Inc. to pilot an
alternative technology in order to
decrease the time frame and the cost
required to remediation groundwater
contamination at the Site. EarthTech,
Inc. built a transportable air-sparging
system, installed the system on Site,
attached the system to sparging wells,
and began operating the system in May
2005. The air-sparging system
successfully remediated the residual
contamination that was the source of
ongoing groundwater contamination.
The air-sparging system was turned off
in January 2010.
Cleanup Goals
The table below summarizes the
cleanup goals for the soils and
groundwater:
Contaminant
Cleanup
objectives for
subsurface soil
(μg/kg)
Trans-1,2 dichloroethane ...........................................................................................................................
Tetrachloroethene ......................................................................................................................................
Trichloroethene ..........................................................................................................................................
Total Xylenes .............................................................................................................................................
Ethylbenzene .............................................................................................................................................
Chlorobenzene ...........................................................................................................................................
1,1-dichloroethane .....................................................................................................................................
1,4-dichlorobenzene ..................................................................................................................................
1,3-dichlorobenzene ..................................................................................................................................
1,2-dichlorobenzene ..................................................................................................................................
Naphthalene ...............................................................................................................................................
1,2,4-trimethylbenzene ..............................................................................................................................
1,3,5-trimethylbenzene ..............................................................................................................................
500
1,500
1,000
1,200
5,500
1,600
..............................
1,000
1,500
1,000
1,000
3,600
8,400
Groundwater monitoring was
performed quarterly from 1994 to 2002
and at least semi-annually from 2003 to
2005. From 2005 to 2010, groundwater
monitoring was conducted on an annual
basis. When the groundwater pump and
treat system was shut down in 2005,
groundwater monitoring results
indicated excursions of contaminant
concentrations above cleanup goals
localized in the vicinity of monitoring
well MW–6S. Once the air-sparging unit
began operation, groundwater
monitoring data in 2008 and 2009
indicated three slight excursions above
drinking water standards at the same
monitoring well. The last groundwater
monitoring event, in January 2010,
indicated compliance with NYS Class
GA drinking water standards for all siterelated and upgradient contaminants in
all site-related monitoring wells,
including monitoring well MW–6S.
Five-Year Review
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44923
Hazardous substances at the Site are
at levels that allow for unlimited use
and unrestricted exposure. Pursuant to
Section 121(c) of CERCLA, EPA reviews
site remedies where such hazardous
substances, pollutants, or contaminants
remain no less often than every five
years after the initiation of a remedy at
a site. EPA conducted a five-year review
of the Site in July 2006. The five-year
review led EPA to conclude that human
health and the environment are being
protected by the remedial action
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implemented at the Site. As hazardous
substances at the Site are at levels that
allow for unlimited use and unrestricted
exposure, no future five-year reviews
are necessary.
Community Involvement
Public participation activities for this
Site have been satisfied as required in
CERCLA Sections 113(k) and 117. As
part of the remedy selection process, the
public was invited to comment on
EPA’s proposed remedies. All other
documents and information which EPA
relied on or considered in
recommending this deletion are
available for the public to review at the
information repositories identified
above.
Applicable Deletion Criteria/Statute
Concurrence
All of the completion requirements
for this Site have been met, as described
in EPA’s July 2010 Final Close Out
Report. The State of New York, in a July
7, 2010 letter concurred on the proposed
deletion of this Site from the NPL.
The NCP specifies that EPA may
delete a site from the NPL if ‘‘all
appropriate Fund-financed response
under CERCLA has been implemented,
and no further response action by
responsible parties is appropriate.’’ 40
CFR 300.425(e)(1)(ii). EPA, with the
concurrence of the State of New York,
through NYSDEC, believes that this
criterion for deletion has been met.
Consequently, EPA is deleting this Site
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Chemical specific
ARAR for
groundwater
(μg/L)
5
0.7
5
5
5
5
5
4.7
5
4.7
5
5
5
from the NPL. Documents supporting
this action are available in the Site files.
V. Deletion Action
The EPA, with the concurrence of the
State of New York, through NYSDEC,
has determined that all appropriate
responses under CERCLA have been
completed and that no further response
actions under CERCLA are necessary.
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 September 13,
2010 unless EPA receives adverse
comments by August 30, 2010. If
adverse comments are received within
the 30-day public comment period of
this action, EPA will publish a timely
withdrawal of this direct final notice of
deletion before the effective date of the
deletion and the deletion will not take
effect. EPA will, if 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 received. There will be no
additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
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requirements, Superfund, Water
pollution control, Water supply.
Dated: July 20, 2010.
Judith A. Enck,
Regional Administrator, USEPA, Region 2.
For the reasons set out in this
document, 40 CFR Part 300 is amended
as follows:
■
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 ‘‘SMS
Instruments, Inc,’’ ‘‘Deer Park’’, ‘‘NY.’’
■
[FR Doc. 2010–18774 Filed 7–29–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XX64
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Reduction and
Trawl Gear Restriction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of landing limits and gear
requirements.
AGENCY:
This action decreases the
landing limit for Gulf of Maine (GOM)
cod and implements a restriction on the
use of certain types of trawl gear in parts
of the U.S./Canada Management Area to
reduce the harvest of Georges Bank (GB)
yellowtail flounder for Northeast (NE)
multispecies vessels fishing under
common pool regulations for the 2010
fishing year (FY). This action is
authorized by the regulations
implementing Amendment 16 and
Framework Adjustment 44 (FW 44) to
the NE Multispecies Fishery
Management Plan (FMP) and is
intended to decrease the likelihood of
harvest exceeding the subcomponent of
the annual catch limit (ACL) allocated
to the common pool (common pool subACL) for each of these stocks during FY
2010 (May 1, 2010, through April 30,
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:17 Jul 29, 2010
Jkt 220001
2011). This action is being taken to
ensure that common pool sub-ACLs for
these stocks are not exceeded, thereby
optimizing the harvest of NE regulated
multispecies under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective July 30, 2010 through
April 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing possession and
landing limits for vessels fishing under
common pool regulations are found at
50 CFR 648.86. The regulations
authorize vessels issued a valid limited
access NE multispecies permit and
fishing under a NE multispecies day-atsea (DAS), or fishing under a NE
multispecies Small Vessel or Handgear
A or B category permit, to fish for and
retain NE multispecies, under specified
conditions. The vessels fishing in the
common pool are allocated a sub-ACL
equivalent to that portion of the
commercial groundfish ACL that is not
allocated to the 17 approved NE
multispecies sectors for FY 2010. The
final rule implementing FW 44 (75 FR
18356, April 9, 2010) established ACLs
for FY 2010. A subsequent action
published on May 26, 2010 (75 FR
29459), adjusted allocations based on
final rosters of vessels participating in
sectors for FY 2010. For FY 2010, the
common pool has been allocated subACLs of 240 mt (529,109 lb) for GOM
cod and 23 mt (50,706 lb) for GB
yellowtail flounder.
The regulations at § 648.86(o)
authorize the Administrator, Northeast
(NE) Region, NMFS (Regional
Administrator) to increase or decrease
the trip limits for vessels in the common
pool to prevent over-harvesting or
under-harvesting the common pool subACL. Exceeding the common pool subACL prior to April 30, 2011, would
require drastic trip limit reductions and/
or imposition of differential DAS
counting for the remainder of FY 2010
to minimize the overage, and would
trigger accountability measures (AMs) in
FY 2011, including differential DAS
counting, to prevent future overages.
GB yellowtail flounder is a
transboundary stock whose Total
Allowable Catch (TAC) is negotiated
under the U.S./Canada Resource
Sharing Understanding
(Understanding). The regulations
implementing the Understanding at
§ 648.85(a) grant the RA additional
authority to implement gear
requirements in the U.S./Canada
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Management Area to prevent over- or
under-harvest of the TAC. The
regulations also require that, if any
sector or the common pool exceeds its
allocation of a TAC, that group is
prohibited from fishing in the Eastern
U.S./Canada Area, and any TAC overage
at the end of the FY is deducted from
the corresponding allocation in the
following FY. Therefore, if the common
pool exceeds the FY 2010 GB yellowtail
flounder sub-ACL, vessels in the
common pool will be prohibited from
fishing in the Eastern U.S./Canada Area
for the remainder of FY 2010, and the
FY 2011 common pool sub-ACL would
be reduced by the amount of any
overage.
A previous inseason action published
in the Federal Register on May 27, 2010
(75 FR 29678), reduced the common
pool trip limits for five stocks: GOM
haddock, GB haddock, GOM winter
flounder, GB winter flounder, and GB
yellowtail flounder.
Initial Vessel Monitoring System
(VMS) and dealer reports indicate that
approximately 66.5 percent of the GOM
cod and 70.9 percent of the GB
yellowtail flounder common pool subACLs have been harvested as of July 15,
2010. Based on the rate of catch for
GOM cod to date, the Regional
Administrator has determined that,
unless a reduction in trip limit is
implemented, the common pool fishery
will exceed its sub-ACL for GOM cod by
early August 2010, well before the end
of the FY.
Based on this information, the
Regional Administrator is reducing the
trip limit for GOM cod, effective July 30,
2010 through April 30, 2011, from 800
lb (362.9 kg) per DAS, not to exceed
4,000 lb (1,814.3 kg) per trip; to 200 lb
(90.7 kg) per DAS, not to exceed 1,000
lb (453.6 kg) per trip. This action is
intended to prevent common pool
vessels from exceeding their sub-ACL
and to allow these vessels to fish for
other NE multispecies. Vessels with a
Small Vessel category permit will be
proportionally limited to not more than
75 lb (34.0 kg) of cod within their trip
limit of 300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder,
combined. The regulations at
§§ 648.82(a)(6) and 648.88(a)(1) require
that the cod trip limit for vessels with
a limited access Handgear A or open
access Handgear B permit change
proportionally (rounded up to the
nearest 25 lb (11.3 kg)) with any change
to the landing limit for DAS vessels.
Therefore, trip limits are reduced from
300 lb (136.1 kg) per trip to 75 lb (34.0
kg) per trip, for Handgear A vessels; and
from 75 lb (34.0 kg) trip, to 25 lb (11.3
kg) trip, for Handgear B vessels.
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Rules and Regulations]
[Pages 44920-44924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18774]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9183-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the SMS Instruments, Inc.
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA), Region 2, announces
the deletion of the SMS Instruments, Inc. Superfund Site (Site),
located in Deer Park, Suffolk County, New York, from the National
Priorities List (NPL). The NPL, promulgated pursuant to section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is an appendix of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP). This direct
final deletion is being published by EPA with the concurrence of the
State of New York, through the New York State Department of
Environmental Conservation (NYSDEC), because EPA has determined that
all appropriate response actions under CERCLA have been completed.
However, this deletion does not preclude future actions under
Superfund.
DATES: This direct final deletion will be effective September 13, 2010
unless EPA receives significant adverse comments by August 30, 2010. If
adverse comments are received, EPA will publish a timely withdrawal of
the direct final deletion in the Federal Register informing the public
that the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
Web site: https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: dannenberg.mark@epa.gov.
Fax: to the attention of Mark Dannenberg at (212) 637-
3966.
Mail: Mark Dannenberg, Remedial Project Manager, Emergency
and Remedial Response Division, U.S. Environmental Protection Agency,
Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866.
Hand Delivery: Superfund Records Center, 290 Broadway,
18th Floor, and New York, NY 10007-1866 (telephone: 212-637-4308). Such
deliveries are only accepted during the Record Center's normal hours of
operation (Monday to Friday from 9 a.m. to 5 p.m.) and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. 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
being CBI or otherwise protected through https://www.regulations.gov or
via 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 comments. If you
send e-mail comments to EPA, your e-mail address will be included as
part of the comment that is placed in the public docket and made
available on the Web site. If you submit electronic comments, EPA
recommends that you include your name and other contact information in
the body of your comments and with any disks or CD-ROMs that you
submit. If EPA cannot read your comments due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comments. Electronic files should avoid the use of
special characters and any form of encryption and should be free of any
defects or viruses.
Docket: All documents in the docket are listed in the 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 hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at:
Superfund Records Center, 290 Broadway, 18th Floor, New
York, NY 10007-1866. Hours: Monday to Friday
[[Page 44921]]
from 9 a.m. to 5 p.m., Phone: 212-637-4308.
New York State Department of Environmental Conservation,
Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York
11790, Phone: 631-444-0240.
FOR FURTHER INFORMATION CONTACT: Mark Dannenberg, Remedial Project
Manager, Emergency and Remedial Response Division, U.S. Environmental
Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY
10007-1866, telephone (212) 637-4251; fax (212) 637-3966; or e-mail:
dannenberg.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct final Notice of Deletion of
the SMS Instruments Superfund Site (Site) 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
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, a site deleted from the NPL remains
eligible for remedial actions if conditions at the site warrant such
action.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective September 13, 2010 unless EPA
receives significant adverse comments by August 30, 2010. Along with
this direct final Notice of Deletion, EPA is co-publishing a Notice of
Intent to Delete in the ``Proposed Rules'' section of the Federal
Register. If adverse comments are received within the 30-day public
comment period of 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,
if 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 SMS Instruments, Inc.
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 parties have implemented all
appropriate response actions required; or
ii. All appropriate Fund-financed responses under CERCLA have been
implemented, and no further action by responsible parties is
appropriate; or
iii. The remedial investigation 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.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the state of New York 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 York Department of
Environmental Conservation, 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 The South Bay News, a major
local newspaper. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
(4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following summary provides EPA's rationale for deleting SMS
Instruments Superfund Site (EPA ID: NYD001533165) from the NPL:
Background
The Site is a 1.5-acre facility located at 120 Marcus Boulevard in
Deer Park, New York. The facility was in operation from 1967 to 1990.
The Site is in a light industrial and residential area and includes a
34,000 square-foot building. About 90% of the lot is covered by either
the building or asphalt pavement. Primary operations at the SMS
Instruments facility consisted of overhauling of military aircraft
components which included the following operations: Cleaning, painting,
degreasing, refurbishing, metal machining, and testing of components.
Industrial wastes generated from degreasing and other refurbishing
operations were discharged to a leaching pool on Site. Other sources of
contamination included a 6,000 gallon Underground Storage Tank (UST)
used for jet fuel storage and corroded and leaking drums stored
outdoors in an unprotected area.
The site is located on the outwash plain of Long Island. The site
elevation is approximately 75 feet above mean sea level. Topography is
generally flat with the exception of a steep embankment leading to a
large basin 50 feet from the eastern property line. The basin is within
a major recharge zone for both
[[Page 44922]]
the Upper Glacial and Magothy aquifers, which supply water to the
entire island. The uppermost aquifer, the Upper Glacial, underlies the
site. The depth to the water table is approximately 20 feet below
grade. The saturated portion of the Upper Glacial aquifer, with a
thickness of 100 feet, begins at the water table and extends down to
120 feet below grade. The Upper Glacial aquifer is underlain by the
Magothy aquifer which is approximately 900 feet thick in the vicinity
of the site. The groundwater flow direction is southerly for the Upper
Glacial aquifer. Land use within the immediate vicinity of the site is
light industrial, but predominant land use in the surrounding area is
commercial and residential. Approximately 5,000 residences are within 1
mile of the site.
A preliminary assessment of the Site was performed by EPA in 1982
to determine its hazard ranking. Based upon the analytical results,
which indicated that the groundwater in the vicinity of the Site
contained various volatile organic compounds, the Site was listed on
the New York State Registry of Inactive Hazardous Waste Disposal Sites
as a ``Class 2 Inactive Hazardous Waste Site'' in 1985.
The Site was added to the NPL on June 10, 1986 (51 FR 21054).
Remedial Investigation and Feasibility Study (RI/FS)
The first Remedial Investigation and Feasibility Study (RI/FS) for
the site was initiated in April 1987 and completed in June 1989.
Through the site investigations, EPA determined that the contaminants
of concern present in soils, and in the groundwater were volatile
organic compounds (VOCs). Contaminants of concern at the site included
benzene, toluene, chlorobenzene and xylene in both soils and
groundwater. The site-related VOC groundwater contaminant plume was
determined to have a cross-width of less than 70 feet and to extend
vertically into the shallow portion (upper 40 saturated feet) of the
Upper Glacial aquifer. In addition, EPA determined from the risk
assessment that the contaminants in the groundwater in the shallow
portion of the Upper Glacial aquifer at the site, if not addressed,
pose an unacceptable cancer risk and noncancer hazard. Groundwater
contamination was also identified in the groundwater upgradient of the
site which was attributed to upgradient sources other than those at the
SMS Instruments site. Groundwater remediation addressed both site-
related and upgradient contaminant to State and Federal drinking water
standards.
Selected Remedy
A Record of Decision (ROD) was signed on September 29, 1989 for
Operable Unit 1 (OU-1), which addressed contaminated soil and
groundwater related to the Site. The ROD selected two media-specific
remediation actions, one for soil and one for groundwater. The
following are the Remedial Action Objectives: (1) Remove the site-
related sources of contamination into the groundwater to expedite
compliance with Federal and State groundwater standards; (2) prevent
potential future ingestion of site-related contaminated groundwater;
(3) restore the quality of groundwater contaminated from the site-
related activities to levels consistent with the Federal and State
drinking water and groundwater quality standards; and (4) mitigate
migration from the site of the site-related contaminated groundwater.
The ROD specified the following remedial action components: (1) In-situ
air stripping (soil vapor extraction), of the contaminated soil in the
southeastern portion of the property in the area of high VOC
contamination; (2) extraction of the site-related groundwater
contaminant plume present in the upper 50 feet of the saturated Upper
Glacial aquifer; (3) treatment of contaminated groundwater to drinking
water standards; (4) reinjection of the treated groundwater into the
Upper Glacial aquifer; and (5) disposal of treatment residuals, as
appropriate.
As a requirement of the first ROD for the Site a second RI/FS was
performed (as Operable Unit 2 (OU-2)) to determine the presence/
existence of offsite, upgradient sources of contamination. No
upgradient sources of contamination were found and a ROD for OU-2 was
signed on September 27, 1993 which selected a ``no-action'' remedy.
Response Actions
The owner of the property negotiated a settlement with EPA in 1988
and the EPA took over all work associated with OU-1 and OU-2 Remedial
Design and Remedial Action activities. The Remedial Design of the
remedies was performed by CDM Federal, Inc. on behalf of EPA. The
Remedial Action was implemented in two phases: Soil remediation and
groundwater remediation.
Soil Remediation
Based on data from the RI and knowledge of the locations of the two
primary source areas, namely, the underground cesspool and former UST,
EPA's contractor (CDM Federal, Inc.) prepared a remedial design for a
Soil Vapor Extraction System (SVE) to remediate these source areas. CDM
Federal, Inc. initiated the construction of the SVE system in October
1991; the construction was completed in April 1992 and operation of the
SVE system began shortly thereafter. Soil contamination in the soil
vadose zone, within each of the two source areas, was remediated of
VOCs (predominantly benzene, toluene, ethylbenzene, and xylenes (BTEX))
down to the water table depth approximately 20 feet below ground
surface. Operation of the SVE system continued until November 1993,
when it was determined (and confirmed by soil sampling) that all soil
cleanup levels had been achieved. During the soil remedial action
activities, CDM collected groundwater samples to monitor the
contaminant levels at the site. In addition, CDM's subcontractor
continuously monitored the influent and effluent air streams to, and
from, the SVE system to assure treatment was being performed in
accordance with the performance requirements of the site-specific
Monitoring Plan. Demobilization of soil remediation equipment occurred
in March 1994. A Remedial Action Report, documenting the completion of
the remedial action, was approved by EPA on September 22, 1994.
Groundwater Remediation
On-site construction activities were initiated in August 1993.
Construction of the groundwater treatment system was completed in June
1994. The system began full operation in September 1994. The
groundwater remedy consisted of pumping contaminated groundwater out of
the aquifer, treating it through air stripping and carbon adsorption,
and reinjecting it into the aquifer. The Remedial Action Report
documenting the completion of the construction of the groundwater
remediation system at the site was signed on March 31, 1995. The total
flow rate through the treatment plant was approximately 90 gallons per
minute (gpm), pumped from two extraction wells. The system was in
almost continuous operation from September 1994 through September 2005,
treating a total of approximately 500 million gallons of contaminated
groundwater. It should be noted that, due to frequent clogging of the
injection wells, permission was granted (from the Town of Babylon) to
discontinue use of the injection wells and discharge the treated
groundwater directly into the recharge basin located adjacent to the
site. The requirements for this discharge
[[Page 44923]]
are the same as those for reinjection back into the aquifer. The
groundwater treatment plant was decommissioned in 2007. The final
building demolition and concrete foundation removal was completed in
December 2007. In May 2008, NYSDEC issued the Final Pump and Treat
System Dismantlement Report.
In 2005, EPA secured a REAC Contract with EarthTech, Inc. to pilot
an alternative technology in order to decrease the time frame and the
cost required to remediation groundwater contamination at the Site.
EarthTech, Inc. built a transportable air-sparging system, installed
the system on Site, attached the system to sparging wells, and began
operating the system in May 2005. The air-sparging system successfully
remediated the residual contamination that was the source of ongoing
groundwater contamination. The air-sparging system was turned off in
January 2010.
Cleanup Goals
The table below summarizes the cleanup goals for the soils and
groundwater:
------------------------------------------------------------------------
Cleanup Chemical specific
objectives for ARAR for
Contaminant subsurface soil groundwater
([mu]g/kg) ([mu]g/L)
------------------------------------------------------------------------
Trans-1,2 dichloroethane......... 500 5
Tetrachloroethene................ 1,500 0.7
Trichloroethene.................. 1,000 5
Total Xylenes.................... 1,200 5
Ethylbenzene..................... 5,500 5
Chlorobenzene.................... 1,600 5
1,1-dichloroethane............... ................. 5
1,4-dichlorobenzene.............. 1,000 4.7
1,3-dichlorobenzene.............. 1,500 5
1,2-dichlorobenzene.............. 1,000 4.7
Naphthalene...................... 1,000 5
1,2,4-trimethylbenzene........... 3,600 5
1,3,5-trimethylbenzene........... 8,400 5
------------------------------------------------------------------------
Groundwater monitoring was performed quarterly from 1994 to 2002
and at least semi-annually from 2003 to 2005. From 2005 to 2010,
groundwater monitoring was conducted on an annual basis. When the
groundwater pump and treat system was shut down in 2005, groundwater
monitoring results indicated excursions of contaminant concentrations
above cleanup goals localized in the vicinity of monitoring well MW-6S.
Once the air-sparging unit began operation, groundwater monitoring data
in 2008 and 2009 indicated three slight excursions above drinking water
standards at the same monitoring well. The last groundwater monitoring
event, in January 2010, indicated compliance with NYS Class GA drinking
water standards for all site-related and upgradient contaminants in all
site-related monitoring wells, including monitoring well MW-6S.
Five-Year Review
Hazardous substances at the Site are at levels that allow for
unlimited use and unrestricted exposure. Pursuant to Section 121(c) of
CERCLA, EPA reviews site remedies where such hazardous substances,
pollutants, or contaminants remain no less often than every five years
after the initiation of a remedy at a site. EPA conducted a five-year
review of the Site in July 2006. The five-year review led EPA to
conclude that human health and the environment are being protected by
the remedial action implemented at the Site. As hazardous substances at
the Site are at levels that allow for unlimited use and unrestricted
exposure, no future five-year reviews are necessary.
Community Involvement
Public participation activities for this Site have been satisfied
as required in CERCLA Sections 113(k) and 117. As part of the remedy
selection process, the public was invited to comment on EPA's proposed
remedies. All other documents and information which EPA relied on or
considered in recommending this deletion are available for the public
to review at the information repositories identified above.
Applicable Deletion Criteria/Statute Concurrence
All of the completion requirements for this Site have been met, as
described in EPA's July 2010 Final Close Out Report. The State of New
York, in a July 7, 2010 letter concurred on the proposed deletion of
this Site from the NPL.
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate Fund-financed response under CERCLA has been implemented,
and no further response action by responsible parties is appropriate.''
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New
York, through NYSDEC, believes that this criterion for deletion has
been met. Consequently, EPA is deleting this Site from the NPL.
Documents supporting this action are available in the Site files.
V. Deletion Action
The EPA, with the concurrence of the State of New York, through
NYSDEC, has determined that all appropriate responses under CERCLA have
been completed and that no further response actions under CERCLA are
necessary. 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 September 13, 2010 unless EPA receives adverse comments by
August 30, 2010. If adverse comments are received within the 30-day
public comment period of this action, EPA will publish a timely
withdrawal of this direct final notice of deletion before the effective
date of the deletion and the deletion will not take effect. EPA will,
if 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 received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping
[[Page 44924]]
requirements, Superfund, Water pollution control, Water supply.
Dated: July 20, 2010.
Judith A. Enck,
Regional Administrator, USEPA, Region 2.
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 ``SMS
Instruments, Inc,'' ``Deer Park'', ``NY.''
[FR Doc. 2010-18774 Filed 7-29-10; 8:45 am]
BILLING CODE 6560-50-P
