National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Deletion of the Crown Vantage Landfill Superfund Site, 23757-23760 [2015-10001]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules
26.11.02.09. Therefore, EPA is
proposing to approve MDE’s January 24,
2013 SIP revision. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
IV. Incorporation by Reference
In this proposed rulemaking action,
EPA is proposing to include in a final
EPA rule, regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference Maryland’s
permit to construct requirements as
discussed in section II of this preamble.
The EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
VerDate Sep<11>2014
16:59 Apr 28, 2015
Jkt 235001
• 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 CAA; 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 proposed rule,
relating to Maryland’s preconstruction
permitting requirements, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 16, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015–10008 Filed 4–28–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2005–0002; FRL–9927–
05–Region 2]
National Oil and Hazardous Substance
Pollution Contingency Plan National
Priorities List: Deletion of the Crown
Vantage Landfill Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 2 is issuing a
Notice of Intent to Delete the Crown
Vantage Landfill Superfund Site (Site),
located in Alexandria Township,
Hunterdon County, New Jersey, from
the National Priorities List (NPL) and
SUMMARY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
23757
requests public comments on this
proposed action. 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). EPA and the
State of New Jersey, through the New
Jersey Department of Environmental
Protection, have determined that all
appropriate response actions under
CERCLA, other than long-term
maintenance and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
DATES: Comments must be received by
May 29, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2005–0002, by one of the
following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: hess.alison@epa.gov:
• Mail: To the attention of Alison
Hess, Remedial Project Manager, U.S.
Environmental Protection Agency,
Region 2, Emergency & Remedial
Response Division, 290 Broadway, 19th
Floor, New York, NY 10007–1866.
• Hand Delivery: Superfund Records
Center, 290 Broadway, 18th floor, New
York, NY 10007–1866 (telephone: 212–
637–4308). Such deliveries are only
accepted during the Record Center’s
normal hours of operation (Monday to
Friday from 9:00 a.m. to 5:00 p.m.).
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2005–
0002. 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 email. 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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
E:\FR\FM\29APP1.SGM
29APP1
23758
Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules
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 comments and with
any disk or CD–ROM that 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 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 the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
U.S. Environmental Protection
Agency, Region 2, Superfund Records
Center, 290 Broadway, Room 1828, New
York, NY 10007–1866, Telephone: 212–
637–4308, Hours: Monday through
Friday from 9:00 a.m. to 5:00 p.m. and
Milford Public Library, Crown
Vantage Landfill Site Repository File, 40
Frenchtown Road, Milford, NJ 08848,
Telephone: 908 995–4072, Hours:
Monday 12:00 p.m. to 7:00 p.m.,
Tuesday 11 a.m. to 5:00 p.m.,
Wednesday 12 p.m. to 8:00 p.m.,
Thursday 11 a.m. to 8:00 p.m., Friday
10:00 a.m. to 1:00 p.m. and 5:00 p.m. to
8:00 p.m., and Saturday 10:00 a.m. to
1:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Alison Hess, Remedial Project Manager,
U.S. Environmental Protection Agency,
Region 2, 290 Broadway, 19th Floor,
New York, NY 10007–1866; Telephone
212–637–3959; or Email hess.alison@
epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
mstockstill on DSK4VPTVN1PROD with PROPOSALS
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
EPA Region 2 is announcing its intent
to delete the Crown Vantage Landfill
Superfund Site from the NPL and
requests public comment on this
proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which
is the NCP, which EPA promulgated
VerDate Sep<11>2014
16:59 Apr 28, 2015
Jkt 235001
pursuant to section 105 of the 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 40 CFR 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.
EPA will accept comments on the
proposal to delete this Site for thirty
(30) days after publication of this
document in the Federal Register.
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 Crown Vantage Landfill
Superfund Site and demonstrates how it
meets the deletion criteria.
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
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.
Pursuant to CERCLA section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site is
deleted from the NPL. EPA may initiate
further action to ensure continued
protectiveness at a deleted site if new
information becomes available that
indicates it is appropriate. Whenever
there is a significant release from a site
deleted from the NPL, the deleted site
may be restored to the NPL without
application of the hazard ranking
system.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
to Delete;
(2) EPA has provided the State 30
working days for review of this notice
prior to publication of it today;
(3) In accordance with the criteria
discussed above, EPA has determined
that no further response is appropriate;
(4) The State of New Jersey, through
the New Jersey Department of
Environmental Protection (NJDEP), has
concurred with deletion of the Site from
the NPL;
(5) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a major local newspaper,
the Hunterdon County Democrat. The
newspaper notice announces the 30-day
public comment period concerning the
Notice of Intent to Delete the Site from
the NPL.
(6) 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.
If comments are received within the
30-day public comment period on this
document, EPA will evaluate and
respond appropriately to the comments
before making a final decision to delete.
If necessary, EPA will prepare a
Responsiveness Summary to address
any significant public comments
received. After the public comment
period, if EPA determines it is still
appropriate to delete the Site, the
Regional Administrator will publish a
final Notice of Deletion in the Federal
Register. Public notices, public
submissions and copies of the
Responsiveness Summary, if prepared,
will be made available to interested
parties and in the Site information
repositories listed above.
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.
E:\FR\FM\29APP1.SGM
29APP1
Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules
IV. Basis for Site Deletion
The following summary provides
EPA’s rationale for deleting the Site
from the NPL:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Site Background and History
The Crown Vantage Landfill Site is an
inactive former landfill located at 500
Milford-Frenchtown Road in Alexandria
Township, New Jersey. The Site
occupies about 10 acres and has
approximately 1,500 feet of frontage on
the eastern bank of the Delaware River.
A mix of young and mature hardwood
trees, shrubs and grasses covers the Site.
Access to the landfill area is restricted
by locked chain-link fencing.
To the west of the site, across the
Delaware River, lies Bucks County,
Pennsylvania. The Delaware and Raritan
Canal foot path and a farm field bound
the Site to the east. Historically, railroad
tracks bounded the Site to the east. The
landfill property is bounded to the
south by the Delaware Raritan Canal
State Park and to the north by the Curtis
Specialty Papers Superfund site.
The landfill reportedly was utilized
by the nearby former Curtis Specialty
Papers mill, as well as by other nearby
Riegel Paper Company facilities, for the
disposal of waste beginning in the late
1930s through the early 1970s. The
landfill may also have accepted flooddamaged items from the local
community following record flooding of
the Delaware River in 1955. Types of
wastes disposed of at the landfill
include fly ash, cinders, and bottom ash;
paper mill and coating-related wastes,
including foil-backed paper, offspecification paper, 55-gallon drums
containing press room wastes, and
paper fiber sludge from wastewater
treatment plant operations; steel and
fiber barrels and pallets; and
construction and demolition debris.
Historical aerial photos indicated that
shallow trenches in the surface of the
landfill may have been used for the
burial of drummed wastes in the early
1970s.
Site characterization began in 1991
with the Preliminary Site Investigation
(PSI), including an aerial photograph
analysis, geophysical survey of the
landfill area, soil gas sampling, ground
water sampling and a wetlands
assessment. The PSI was followed by
the removal of drums (empty, full, and
partially full) and paper products from
the surface of the landfill. In 1994,
monitoring wells were installed and the
ground water quality was characterized.
From 2001 through 2003, the NJDEP
fenced the Site, removed additional
surface debris, including drums, and
collected surface soil samples. The EPA
VerDate Sep<11>2014
16:59 Apr 28, 2015
Jkt 235001
conducted additional sampling of
surface water, sediment, surface soil and
fly ash, and ground water in 2003 and
2004. Additional wastes were removed
from the surface and riprap was placed
in flood-impacted areas.
The Site was proposed to the National
Priorities List (NPL) in September 2004
(69 FR 56970) and listed on the NPL in
April 2005 (70 FR 21644). The EPA
CERCLIS ID# is NJN000204492.
In May 2005, Fort James Operating
Company, a subsidiary of GeorgiaPacific, entered into an Administrative
Order on Consent (AOC) with EPA for
a Removal Action. Under the 2005 AOC,
additional surficial drums were
removed, additional fencing was
provided, and an engineered slope
stabilization wall was constructed to
stabilize the landfill’s western face. In
total, over 700 surficial drums, drum
remnants and drum carcasses were
removed from the surface of the Site
during investigations conducted
between 1991 and 2007.
Further investigations and removal
actions at the Site were performed by
Georgia-Pacific Consumer Products, LP
(GP) under an Administrative
Agreement and Order on Consent signed
in September 2007 and by International
Paper Company (IP) under a Unilateral
Administrative Order signed in
December 2007. During the Remedial
Investigation (RI) conducted in 2008–
2009, more than 1,750 drums, drum
carcasses and drum remnants were
removed from the Site. Analytical data
from surface water, pore water and
groundwater sampling showed that
these media were not impacted by the
Site. The RI Report was completed in
July 2010. The RI concluded that, after
removal activities were conducted, all
human health risks were within or
below EPA’s acceptable levels. An
ecological risk assessment was also
conducted and concluded that there was
no need for remediation based on
potential risks to ecological receptors.
The Feasibility Study Report, developed
to identify and compare cleanup
alternatives, was completed in
November 2010.
Selected Remedy
The Site remedy was selected and
memorialized in the Site Record of
Decision (ROD), which was issued on
September 29, 2011. Because the
baseline human health risk assessment
and ecological risk assessments for the
Site did not identify the presence of
unacceptable human health or
ecological risks requiring remediation
under current and reasonably
anticipated future Site use, the remedial
action objectives were limited to
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
23759
preventing exposures to landfill
materials. The major components of the
selected remedy of the ROD are the
following:
• Establishment of a deed restriction
to ensure that future Site uses do not
result in the disturbance of the surface
of the Site, thereby preventing future
residential or commercial/industrial
development of the Site;
• Continued maintenance of security
measures at the Site (e.g., signage and
fencing);
• Continued maintenance of the slope
stabilization wall;
• Sealing of remaining shallow
monitoring wells;
• Semi-annual monitoring of the Site,
including the slope stabilization wall;
and
• Five-Year Reviews by EPA to
ensure that the remedy continues to be
protective of public health and the
environment.
Response Actions
A Consent Decree for IP’s and GP’s
performance of the Remedial Design and
Remedial Action was entered by the
United States District Court for the
District of New Jersey in April 2013.
The remedy was designed and
constructed in a single phase pursuant
to EPA-approved work plans. The
monitoring well closures and fence
relocation measures undertaken as part
of maintaining the existing security as
required by the ROD were conducted
from February to April 2013. Three
monitoring wells and two piezometers
were located in the field and sealed in
accordance with New Jersey well
closure regulations. Another three
monitoring wells and four piezometers
were documented to have been closed
in 2007. Lastly, two monitoring wells
could not be located visually or with the
use of a metal detector and may have
been closed in 2007 or covered by silt
and other materials since they were last
sampled in 1994, and four piezometers
located beneath the slope stabilization
wall also could not be located and are
presumed to no longer be accessible.
New 12-foot fence posts were driven to
a depth of four feet. Monitoring of
ambient air was conducted during fence
installation, with no measurable
concentrations of volatile organic
compounds detected above background
levels. Old posts and fencing were
removed and recycled, and a new
section of fencing and fabric installed.
New coated, rust-free aluminum signs
were posted along the entire fence
perimeter as needed. EPA conducted a
final inspection in July 2013 and issued
a Preliminary Site Close-Out Report in
September 2013.
E:\FR\FM\29APP1.SGM
29APP1
23760
Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules
IP and GP prepared a draft deed
notice pursuant to the April 2013
Consent Decree. EPA approved the final
deed notice in December 2013. The
deed notice was recorded by the
Hunterdon County Clerk in February
2014.
EPA issued a Final Site Close-Out
Report in December 2014.
Ongoing Maintenance
The ongoing maintenance plan was
approved in June 2013. This plan covers
site security, the long-term monitoring
and maintenance of the slope
stabilization wall and recertification of
the deed notice.
Five-Year Review
Hazardous substances, pollutants, or
contaminants will remain at the Site
above levels that allow for unlimited
use and unrestricted exposure.
Therefore, pursuant to CERCLA Section
121(c), EPA is required to conduct a
review of the remedy at least once every
five years. The first Five-Year Review
Report will be completed prior to
February 2018, which is five years from
the start of the on-site remedial action
construction.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Community Involvement
Public participation activities for the
Site have been satisfied as required by
CERCLA sections 113(k) and 117, 42
U.S.C. 9613(k) and 9617. A Community
Advisory Group (CAG) for the Site has
been meeting quarterly since 2009. EPA
finalized a site-specific Community
Involvement Plan in March 2010. The
CAG obtains information from EPA and
VerDate Sep<11>2014
16:59 Apr 28, 2015
Jkt 235001
provides community input on the site
progress, including the implementation
of field activities associated with
investigations, removals and remedial
construction. EPA maintains a local site
information repository at the Milford
Public Library and regularly adds site
reports and other documents.
As part of the remedy selection
process, the public was invited to
comment on the proposed remedy. In
June 2011, EPA released a Proposed
Plan summarizing the RI/FS reports and
identifying the preferred remedial
alternative with the rationale for its
preference. EPA held a public meeting
on July 12, 2011 at the Milford
Firehouse to explain the Proposed Plan
and to receive public comments. EPA
held a public comment period from July
1 through 31, 2011 to accept written
comments. Responses to comments
received at the public meeting and
comments submitted during the public
comment period are provided in the
Responsiveness Summary section of the
ROD.
All other documents and information
the EPA relied on or considered in
recommending this deletion are
available for the public to review at the
information repositories identified
above.
Determination That the Site Meets the
Criteria for Deletion From the NCP
All of the completion requirements
for the Site have been met, as described
in the December 29, 2014 Final Site
Close-Out Report. The State of New
Jersey, in January 12, 2015 letter,
concurred with the proposed deletion of
PO 00000
Frm 00024
Fmt 4702
Sfmt 9990
the Site from the NPL. As described in
this Notice of Intent to Delete, the
implemented remedy achieves the
degree of cleanup specified in the ROD
for all exposure pathways; the RAO has
been met, and no further Superfund
response is needed to protect human
health and the environment.
The NCP specifies that EPA may
delete a site from the NPL if responsible
parties or other persons have
implemented all appropriate response
actions. EPA, with the concurrence of
the State of New Jersey, believes that
this criterion for deletion has been met.
Consequently, EPA intends to delete the
Crown Vantage Landfill Site from the
NPL. Documents supporting this action
are available for review at the
information repositories identified
above.
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.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p.306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p.193. Dated: April
15, 2015.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2015–10001 Filed 4–28–15; 8:45 am]
BILLING CODE P
E:\FR\FM\29APP1.SGM
29APP1
]]>Agencies
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Proposed Rules]
[Pages 23757-23760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10001]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2005-0002; FRL-9927-05-Region 2]
National Oil and Hazardous Substance Pollution Contingency Plan
National Priorities List: Deletion of the Crown Vantage Landfill
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing
a Notice of Intent to Delete the Crown Vantage Landfill Superfund Site
(Site), located in Alexandria Township, Hunterdon County, New Jersey,
from the National Priorities List (NPL) and requests public comments on
this proposed action. 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). EPA and the
State of New Jersey, through the New Jersey Department of Environmental
Protection, have determined that all appropriate response actions under
CERCLA, other than long-term maintenance and five-year reviews, have
been completed. However, this deletion does not preclude future actions
under Superfund.
DATES: Comments must be received by May 29, 2015.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0002, by one of the following methods:
Web site: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Email: hess.alison@epa.gov:
Mail: To the attention of Alison Hess, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, Emergency &
Remedial Response Division, 290 Broadway, 19th Floor, New York, NY
10007-1866.
Hand Delivery: Superfund Records Center, 290 Broadway,
18th floor, New York, NY 10007-1866 (telephone: 212-637-4308). Such
deliveries are only accepted during the Record Center's normal hours of
operation (Monday to Friday from 9:00 a.m. to 5:00 p.m.). Special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2005-0002. 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 email. 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 email comment directly to EPA without
going through https://www.regulations.gov, your email address will be
automatically captured
[[Page 23758]]
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 comments and with any disk or CD-ROM
that 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 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 the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, Room 1828, New York, NY 10007-1866, Telephone:
212-637-4308, Hours: Monday through Friday from 9:00 a.m. to 5:00 p.m.
and
Milford Public Library, Crown Vantage Landfill Site Repository
File, 40 Frenchtown Road, Milford, NJ 08848, Telephone: 908 995-4072,
Hours: Monday 12:00 p.m. to 7:00 p.m., Tuesday 11 a.m. to 5:00 p.m.,
Wednesday 12 p.m. to 8:00 p.m., Thursday 11 a.m. to 8:00 p.m., Friday
10:00 a.m. to 1:00 p.m. and 5:00 p.m. to 8:00 p.m., and Saturday 10:00
a.m. to 1:00 p.m.
FOR FURTHER INFORMATION CONTACT: Alison Hess, Remedial Project Manager,
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 19th
Floor, New York, NY 10007-1866; Telephone 212-637-3959; or Email
hess.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
EPA Region 2 is announcing its intent to delete the Crown Vantage
Landfill Superfund Site from the NPL and requests public comment on
this proposed action. The NPL constitutes Appendix B of 40 CFR part 300
which is the NCP, which EPA promulgated pursuant to section 105 of the
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 40 CFR 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.
EPA will accept comments on the proposal to delete this Site for
thirty (30) days after publication of this document in the Federal
Register. 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 Crown Vantage
Landfill Superfund Site and demonstrates how it meets the deletion
criteria.
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 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.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent to Delete;
(2) EPA has provided the State 30 working days for review of this
notice prior to publication of it today;
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate;
(4) The State of New Jersey, through the New Jersey Department of
Environmental Protection (NJDEP), has concurred with deletion of the
Site from the NPL;
(5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, the Hunterdon County Democrat. The newspaper notice
announces the 30-day public comment period concerning the Notice of
Intent to Delete the Site from the NPL.
(6) 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.
If comments are received within the 30-day public comment period on
this document, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. If necessary, EPA
will prepare a Responsiveness Summary to address any significant public
comments received. After the public comment period, if EPA determines
it is still appropriate to delete the Site, the Regional Administrator
will publish a final Notice of Deletion in the Federal Register. Public
notices, public submissions and copies of the Responsiveness Summary,
if prepared, will be made available to interested parties and in the
Site information repositories listed above.
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.
[[Page 23759]]
IV. Basis for Site Deletion
The following summary provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Crown Vantage Landfill Site is an inactive former landfill
located at 500 Milford-Frenchtown Road in Alexandria Township, New
Jersey. The Site occupies about 10 acres and has approximately 1,500
feet of frontage on the eastern bank of the Delaware River. A mix of
young and mature hardwood trees, shrubs and grasses covers the Site.
Access to the landfill area is restricted by locked chain-link fencing.
To the west of the site, across the Delaware River, lies Bucks
County, Pennsylvania. The Delaware and Raritan Canal foot path and a
farm field bound the Site to the east. Historically, railroad tracks
bounded the Site to the east. The landfill property is bounded to the
south by the Delaware Raritan Canal State Park and to the north by the
Curtis Specialty Papers Superfund site.
The landfill reportedly was utilized by the nearby former Curtis
Specialty Papers mill, as well as by other nearby Riegel Paper Company
facilities, for the disposal of waste beginning in the late 1930s
through the early 1970s. The landfill may also have accepted flood-
damaged items from the local community following record flooding of the
Delaware River in 1955. Types of wastes disposed of at the landfill
include fly ash, cinders, and bottom ash; paper mill and coating-
related wastes, including foil-backed paper, off-specification paper,
55-gallon drums containing press room wastes, and paper fiber sludge
from wastewater treatment plant operations; steel and fiber barrels and
pallets; and construction and demolition debris. Historical aerial
photos indicated that shallow trenches in the surface of the landfill
may have been used for the burial of drummed wastes in the early 1970s.
Site characterization began in 1991 with the Preliminary Site
Investigation (PSI), including an aerial photograph analysis,
geophysical survey of the landfill area, soil gas sampling, ground
water sampling and a wetlands assessment. The PSI was followed by the
removal of drums (empty, full, and partially full) and paper products
from the surface of the landfill. In 1994, monitoring wells were
installed and the ground water quality was characterized.
From 2001 through 2003, the NJDEP fenced the Site, removed
additional surface debris, including drums, and collected surface soil
samples. The EPA conducted additional sampling of surface water,
sediment, surface soil and fly ash, and ground water in 2003 and 2004.
Additional wastes were removed from the surface and riprap was placed
in flood-impacted areas.
The Site was proposed to the National Priorities List (NPL) in
September 2004 (69 FR 56970) and listed on the NPL in April 2005 (70 FR
21644). The EPA CERCLIS ID# is NJN000204492.
In May 2005, Fort James Operating Company, a subsidiary of Georgia-
Pacific, entered into an Administrative Order on Consent (AOC) with EPA
for a Removal Action. Under the 2005 AOC, additional surficial drums
were removed, additional fencing was provided, and an engineered slope
stabilization wall was constructed to stabilize the landfill's western
face. In total, over 700 surficial drums, drum remnants and drum
carcasses were removed from the surface of the Site during
investigations conducted between 1991 and 2007.
Further investigations and removal actions at the Site were
performed by Georgia-Pacific Consumer Products, LP (GP) under an
Administrative Agreement and Order on Consent signed in September 2007
and by International Paper Company (IP) under a Unilateral
Administrative Order signed in December 2007. During the Remedial
Investigation (RI) conducted in 2008-2009, more than 1,750 drums, drum
carcasses and drum remnants were removed from the Site. Analytical data
from surface water, pore water and groundwater sampling showed that
these media were not impacted by the Site. The RI Report was completed
in July 2010. The RI concluded that, after removal activities were
conducted, all human health risks were within or below EPA's acceptable
levels. An ecological risk assessment was also conducted and concluded
that there was no need for remediation based on potential risks to
ecological receptors. The Feasibility Study Report, developed to
identify and compare cleanup alternatives, was completed in November
2010.
Selected Remedy
The Site remedy was selected and memorialized in the Site Record of
Decision (ROD), which was issued on September 29, 2011. Because the
baseline human health risk assessment and ecological risk assessments
for the Site did not identify the presence of unacceptable human health
or ecological risks requiring remediation under current and reasonably
anticipated future Site use, the remedial action objectives were
limited to preventing exposures to landfill materials. The major
components of the selected remedy of the ROD are the following:
Establishment of a deed restriction to ensure that future
Site uses do not result in the disturbance of the surface of the Site,
thereby preventing future residential or commercial/industrial
development of the Site;
Continued maintenance of security measures at the Site
(e.g., signage and fencing);
Continued maintenance of the slope stabilization wall;
Sealing of remaining shallow monitoring wells;
Semi-annual monitoring of the Site, including the slope
stabilization wall; and
Five-Year Reviews by EPA to ensure that the remedy
continues to be protective of public health and the environment.
Response Actions
A Consent Decree for IP's and GP's performance of the Remedial
Design and Remedial Action was entered by the United States District
Court for the District of New Jersey in April 2013.
The remedy was designed and constructed in a single phase pursuant
to EPA-approved work plans. The monitoring well closures and fence
relocation measures undertaken as part of maintaining the existing
security as required by the ROD were conducted from February to April
2013. Three monitoring wells and two piezometers were located in the
field and sealed in accordance with New Jersey well closure
regulations. Another three monitoring wells and four piezometers were
documented to have been closed in 2007. Lastly, two monitoring wells
could not be located visually or with the use of a metal detector and
may have been closed in 2007 or covered by silt and other materials
since they were last sampled in 1994, and four piezometers located
beneath the slope stabilization wall also could not be located and are
presumed to no longer be accessible. New 12-foot fence posts were
driven to a depth of four feet. Monitoring of ambient air was conducted
during fence installation, with no measurable concentrations of
volatile organic compounds detected above background levels. Old posts
and fencing were removed and recycled, and a new section of fencing and
fabric installed. New coated, rust-free aluminum signs were posted
along the entire fence perimeter as needed. EPA conducted a final
inspection in July 2013 and issued a Preliminary Site Close-Out Report
in September 2013.
[[Page 23760]]
IP and GP prepared a draft deed notice pursuant to the April 2013
Consent Decree. EPA approved the final deed notice in December 2013.
The deed notice was recorded by the Hunterdon County Clerk in February
2014.
EPA issued a Final Site Close-Out Report in December 2014.
Ongoing Maintenance
The ongoing maintenance plan was approved in June 2013. This plan
covers site security, the long-term monitoring and maintenance of the
slope stabilization wall and recertification of the deed notice.
Five-Year Review
Hazardous substances, pollutants, or contaminants will remain at
the Site above levels that allow for unlimited use and unrestricted
exposure. Therefore, pursuant to CERCLA Section 121(c), EPA is required
to conduct a review of the remedy at least once every five years. The
first Five-Year Review Report will be completed prior to February 2018,
which is five years from the start of the on-site remedial action
construction.
Community Involvement
Public participation activities for the Site have been satisfied as
required by CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617.
A Community Advisory Group (CAG) for the Site has been meeting
quarterly since 2009. EPA finalized a site-specific Community
Involvement Plan in March 2010. The CAG obtains information from EPA
and provides community input on the site progress, including the
implementation of field activities associated with investigations,
removals and remedial construction. EPA maintains a local site
information repository at the Milford Public Library and regularly adds
site reports and other documents.
As part of the remedy selection process, the public was invited to
comment on the proposed remedy. In June 2011, EPA released a Proposed
Plan summarizing the RI/FS reports and identifying the preferred
remedial alternative with the rationale for its preference. EPA held a
public meeting on July 12, 2011 at the Milford Firehouse to explain the
Proposed Plan and to receive public comments. EPA held a public comment
period from July 1 through 31, 2011 to accept written comments.
Responses to comments received at the public meeting and comments
submitted during the public comment period are provided in the
Responsiveness Summary section of the ROD.
All other documents and information the EPA relied on or considered
in recommending this deletion are available for the public to review at
the information repositories identified above.
Determination That the Site Meets the Criteria for Deletion From the
NCP
All of the completion requirements for the Site have been met, as
described in the December 29, 2014 Final Site Close-Out Report. The
State of New Jersey, in January 12, 2015 letter, concurred with the
proposed deletion of the Site from the NPL. As described in this Notice
of Intent to Delete, the implemented remedy achieves the degree of
cleanup specified in the ROD for all exposure pathways; the RAO has
been met, and no further Superfund response is needed to protect human
health and the environment.
The NCP specifies that EPA may delete a site from the NPL if
responsible parties or other persons have implemented all appropriate
response actions. EPA, with the concurrence of the State of New Jersey,
believes that this criterion for deletion has been met. Consequently,
EPA intends to delete the Crown Vantage Landfill Site from the NPL.
Documents supporting this action are available for review at the
information repositories identified above.
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.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987
Comp., p.193. Dated: April 15, 2015.
Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-10001 Filed 4-28-15; 8:45 am]
BILLING CODE P
