National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Jackson Steel Superfund Site, 53311-53315 [2016-19130]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children because it proposes to
disapprove a state rule.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
This rulemaking does not involve
technical standards.
40 CFR part 52 is amended as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.2591 is amended by
revising paragraph (g) to read as follows:
■
Congressional Review Act
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Dated: August 1, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this 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 the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone.
■
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
14:21 Aug 11, 2016
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
I. National Technology Transfer and
Advancement Act (NTTAA)
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 11, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(g) Approval—In a June 20, 2013,
submission with a January 28, 2015,
clarification, Wisconsin certified that
the state has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A)
through (H), and (J) through (M) for the
2008 ozone NAAQS. For
110(a)(2)(D)(i)(I), we are approving
prong one and disapproving prong two.
We are not taking action on the
prevention of significant deterioration
requirements related to section
110(a)(2)(C), (D)(i)(II), and (J) and the
state board requirements of (E)(ii). We
will address these requirements in a
separate action.
*
*
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[FR Doc. 2016–19025 Filed 8–11–16; 8:45 am]
BILLING CODE 6560–50–P
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53311
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2000–0006; FRL–9950–
62–Region 2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Jackson Steel Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Jackson Steel Superfund
site (Site), located in the Village of
Mineola, Nassau County, New York,
contains a building formerly used as a
metal-forming facility. The Site is
bordered to the north by commercial
spaces and single-family dwellings, to
the east by a two-story apartment
complex, to the south by a daycare
center and to the west by an office
building and restaurant.
The Environmental Protection Agency
(EPA) Region 2 is publishing this direct
final Notice of Deletion (NOD) of the
Site 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 at the Site and that the
soil on the Site and the groundwater
beneath the Site no longer pose a threat
to public health or the environment.
Because elevated concentrations of
volatile organic compounds (VOCs) are
present under the slab of the vacant
Jackson Steel building and the occupied
daycare center, operation and
maintenance of the subslab vapor
intrusion mitigation systems under the
daycare center, periodic vapor intrusion
monitoring, and five-year reviews will
continue. The deletion does not
preclude future actions under
Superfund.
DATES: This direct final deletion will be
effective September 26, 2016 unless
EPA receives adverse comments by
September 12, 2016. If adverse
comments are received, EPA will
publish a timely withdrawal of this
direct final NOD in the Federal
SUMMARY:
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Register, informing the public that the
deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2000–0006, by one of the
following methods:
• Web site: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: singerman.joel@epa.gov.
• Fax: To the attention of Joel
Singerman at 212–637–3966.
• Mail: To the attention of Joel
Singerman, Chief, Central New York
Remediation Section, 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, 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–2000–
0006. EPA’s policy is that all comments
received will be included in the 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
for which disclosure is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected through https://
www.regulations.gov or via 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
comments. If you send comments to
EPA via email, your email address will
be included as part of the comment that
is placed in the 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 because of
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comments fully.
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://
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14:21 Aug 11, 2016
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www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information for which disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly-available Docket
materials can be obtained either
electronically at https://
www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency,
Region 2, Superfund Records Center,
290 Broadway, 18th Floor, New York,
NY 10007–1866. Phone: 212–637–
4308. Hours: Monday to Friday: 9:00
a.m. to 5:00 p.m.
Town of North Hempstead, 200
Plandome Road, Manhasset, NY
11030. Phone: (516) 489–5000. Hours:
Monday–Friday, 8:15 a.m.–4:00 p.m.
Garden City Public Library, 60 Seventh
Street, Garden City, NY 11530. Phone:
(516) 742–8405. Hours: Monday–
Thursday: 9:30 a.m.–9:00 p.m.; Friday
and Saturday: 9:30 a.m.–5:00 p.m.;
Sat: 9:30 a.m.–5:00 p.m. and Sunday:
1:00 p.m.–5:00 p.m.
Village of Mineola Hall, 155 Washington
Avenue, Mineola, NY 11501. Phone:
(516) 746–0750. Hours: Monday–
Friday 8:30 a.m.–4:30 p.m.
Joel
Singerman, Chief, Central New York
Remediation Section, by mail at
Emergency and Remedial Response
Division, U.S. Environmental Protection
Agency, Region 2, 290 Broadway, 20th
Floor, New York, NY 10007–1866;
telephone at 212–637–4258; fax at 212–
637–3966; or email at singerman.joel@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct
final NOD of the Site from the NPL. The
NPL constitutes Appendix B of 40 CFR
part 300, which is the NCP, which EPA
promulgated pursuant to Section 105 of
CERCLA, as amended. EPA maintains
the NPL as the list of releases that
appear to present a significant risk to
public health, welfare, or the
environment. The releases on the NPL
may be the subject of remedial actions
financed by the Hazardous Substance
Superfund (Fund). As described in
Section 300.425(e)(3) of the NCP, a site
deleted from the NPL remains eligible
for Fund-financed remedial action if
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future conditions at the site warrant
such actions.
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 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;
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 (RI) 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.
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 the
deletion of the Site:
(1) EPA consulted with the State of
New York prior to developing this direct
final NOD and the NOID also published
today in the ‘‘Proposed Rules’’ section
of the Federal Register.
(2) EPA has provided the State with
30 working days for review of this
notice and the parallel NOID prior to
their publication today, and the State,
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through NYSDEC, has concurred on the
deletion of the Site from the NPL.
(3) Concurrent with the publication of
this direct final NOD, a notice of the
availability of the parallel NOID is being
published in a major local newspaper,
the Mineola American. The newspaper
notice announces the 30-day public
comment period concerning the NOID
of the Site from the NPL.
(4) 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 NOD before its effective
date and will prepare a response to
comments. If appropriate, EPA may
continue with the deletion process
based on the NOID and the comments
already received.
The NPL is designed primarily for
informational purposes and to assist
EPA’s management of sites. Section
300.425(e)(3) of the NCP states that the
deletion of a site from the NPL does not
preclude eligibility for further response
actions should future conditions
warrant such actions.
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IV. Basis for Site Deletion
The following information provides
the Agency’s rationale for deleting the
Site from the NPL.
Site Background and History
The 1.5-acre Site (CERCLIS ID
NYD001344456) contains a one-story,
43,000-square-foot building formerly
used as a metal-forming facility and an
approximately 10,000-square foot paved
parking area. It is bordered to the north
by commercial spaces and single-family
dwellings, to the east by a two-story
apartment complex, to the south by a
daycare center, and to the west by an
office building and restaurant.
The property was used from the mid1970s until 1991 as a ‘‘roll form metal
shapes’’ manufacturing facility.
Degreasers, including
tetrachloroethylene (PCE),
trichloroethylene, and 1,1,1trichloroethane, were used at the facility
until 1985. Sludges from degreasing
equipment were stored in drums and in
an on-property 275-gallon tank.
The analytical results from samples
collected by the Nassau County
Department of Health (NCHD) in the
early 1990s from within, around, and
below three on-property dry wells
indicated the presence of VOCs at
depths down to 40 feet below the
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ground surface. VOCs were also
detected in groundwater samples
collected from monitoring wells located
downgradient of the dry wells.
Dumping of wastes into the dry wells
and spills and leaks from drums storing
various chemicals during the facility’s
operations are the likely sources of the
contamination that was found at the
Site.
The Site was proposed for listing on
the NPL on October 22, 1999 (40 CFR
part 300 [FRL–6462–2]). The Site was
listed on the NPL on February 4, 2000
(40 CFR part 300 [FRL–6532–7]).
Following the commencement of RIrelated field work in October 2001,
because of concerns about the proximity
of the Site to the daycare center, NCHD
performed air sampling inside the
daycare center building. The air samples
detected PCE at levels below the New
York State Department of Health’s
(NYSDOH’s) guideline for indoor PCE
exposure. Given the sensitivity of the
population exposed (preschool
children), NCHD collected additional
samples in December 2001. At that time,
indoor testing was also conducted
inside the Jackson Steel building and
the restaurant located adjacent to the
Site. The results indicated that PCE
levels in the indoor air of several rooms
in the daycare center were above
NYSDOH’s guideline for PCE. As a
result, in January 2002, a subslab
depressurization system (i.e., vapor
intrusion mitigation system) was
installed by EPA. In addition, a
ventilation system was installed by the
daycare center’s contractor. Samples
collected to assess the effectiveness of
the implemented measures showed that
the PCE levels in the air were
significantly below NYSDOH’s
guideline and below EPA’s acceptable
noncancer risk levels. Because elevated
PCE levels were also detected in a
billiards club that shared common walls
with the Site building and the daycare
center, EPA installed a vapor intrusion
mitigation system under the concrete
slab of this building, as well. The
billiards club was subsequently
occupied as a retail store, and recently
the daycare center (the Learn and Play
Daycare Center) expanded to occupy
this space, as well. The vapor intrusion
mitigation systems were replaced by the
property owner’s contractor in May
2016.
The results of the RI, which was
completed in 2002, indicated that VOCs,
semi-volatile organic compounds,
pesticides, and metals contamination
were present in the surface soil, and
VOC contamination was present at
several subsurface soil locations. In
addition, contamination was found in a
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53313
trench and sumps located inside the
building and dry wells located under
the parking lot at the Site.
Groundwater from the three
hydrogeologic units underlying the
site—the Upper Glacial Aquifer (upper
aquifer), Magothy Confining Bed (a low
permeability, clay layer separating the
upper and deep aquifers), and the
Magothy Aquifer (deep aquifer)—were
also sampled. VOC contamination above
state and federal standards was detected
both in the Upper Glacial Aquifer and
Magothy Aquifer.
Based upon the results of the RI and
a feasibility study, in September 2004,
EPA selected a remedy for the Site in a
Record of Decision (ROD). The ROD
outlined the following remedial action
objectives (RAOs):
• Minimize or eliminate contaminant
migration from contaminated soils and
dry wells to the groundwater;
• minimize or eliminate any
contaminant migration from
contaminated soils and groundwater to
indoor air;
• restore groundwater to levels which
meet state and federal standards within
a reasonable time frame;
• mitigate the migration of the
affected groundwater; and
• reduce or eliminate any direct
contact, ingestion, or inhalation threat
associated with contaminated soils, soil
vapor, contaminated surfaces in the onproperty building, and groundwater.
The selected remedy includes the
following actions:
• Decontamination of the Jackson
Steel building floor;
• in-situ soil vapor extraction (ISVE)
to treat the contaminated subsurface
soil;
• excavation and off-Site disposal of
the contaminated surface soil and
contaminated material in on-Site sumps,
a trench, and dry wells;
• in-situ chemical oxidation (ISCO) to
treat the contaminated groundwater in
the Upper Glacial Aquifer;
• extraction and treatment of the
contaminated groundwater in the deep
aquifer if confirmatory groundwater
sampling indicates that the Site is a
principal source of the groundwater
contamination to the aquifer underlying
the Site;
• if it is determined that the Site is a
principal source of the groundwater
contamination to the deep aquifer
underlying the Site, the selected remedy
would be expanded, as necessary, to
include off-property groundwater
contamination; and
• long-term groundwater monitoring.
The soil cleanup objectives were
established pursuant to New York State
Technical and Administrative Guidance
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Memorandum (TAGM) No. 94–HWR–
4046 objectives (Division Technical and
Administrative Guidance Memorandum:
Determination of Soil Cleanup
Objectives and Cleanup Levels, Division
of Hazardous Waste Remediation,
January 24, 1994). As dictated by the
TAGM objectives, the soil cleanup
levels selected in the ROD were the
more stringent cleanup level between a
human-health protection value and a
value based on protection of
groundwater. The groundwater cleanup
goals were the more stringent of the
state or federal promulgated standards.
EPA and New York State Department of
Health promulgated health-based,
protective Maximum Contaminant
Levels (MCLs) that are enforceable
standards for various drinking water
contaminants. MCLs ensure that
drinking water does not pose either a
short- or long-term health risk.
The building decontamination and
the excavation of the contaminated
surface soil and the contaminated
material in the building sumps and
trench and in the dry wells and their
disposal were performed from 2005 to
2006. A total of 170 cubic yards of
material was excavated and disposed of
at an EPA-approved off-Site facility.
Groundwater ISCO injections were
performed between July and December
2005. Approximately, 15,000 gallons of
iron-catalyzed sodium persulfate (with
small amounts of buffering agents) and
600 gallons of hydrogen peroxide were
injected into the aquifer through a
network of 20 injection wells to treat the
contamination in the Upper Glacial
Aquifer.
After a successful pilot test, an ISVE
system consisting of nine ISVE wells
and 11 vapor monitoring probes began
operating in 2005.
A supplemental groundwater
investigation was conducted from 2005
to 2006 to determine the source of the
Magothy Aquifer contamination
underneath the Site and to establish
whether there was a relationship
between the contamination at the Site
and the VOC contamination detected in
nearby Village of Mineola Supply Well
#4. Based on the results of the
investigation, it was concluded that the
Site was not a current source of
contamination in the Magothy Aquifer.
Therefore, EPA decided not to
implement the Magothy Aquifer
groundwater remedy. An Explanation of
Significant Differences (ESD) was issued
in 2007, documenting this decision.
While the cleanup objectives for the
Upper Glacial Aquifer and soil were met
in 2006 and 2008, respectively, EPA
continued to operate the ISVE system
until 2013 because VOC vapors were
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still being recovered from underneath
the Jackson Steel building. The
operation of the ISVE system was
discontinued when the levels of vapor
removal became too low for the system
to continue to be efficient.
The aboveground ISVE infrastructure
was removed by EPA in June 2013.
From March to April 19, 2016, the
groundwater monitoring wells, ISVE
wells, vapor monitoring wells, ISCO
injection wells, and ISCO monitoring
wells, were decommissioned.
Although EPA successfully
remediated the soil and the groundwater
aquifer immediately underlying the Site,
residual levels of VOCs remain. VOCs,
even at low levels, can migrate as vapors
through the soil into buildings. This
process, which is called vapor intrusion,
can result in unacceptable human
exposures to VOCs inside occupied
buildings. This pathway is currently
incomplete at the Site, because the
building on the site is currently
unoccupied, and subslab vapor
intrusion mitigation systems prevent the
migration of vapors into an adjacent
occupied building.
Because the residual levels of VOCs
are expected to dissipate slowly, EPA
concluded that preventing human
exposure to VOCs at the occupied
building will be needed for a number of
years to ensure the protectiveness of the
remedy. Therefore, the existing vapor
intrusion mitigation systems will need
to continue to operate, and additional
actions, from monitoring to the
installation of an additional vapor
mitigation system, may be needed
should the currently unoccupied
building be occupied or replaced with
another structure in the future. EPA
determined that institutional controls
(ICs) (i.e., property use restrictions)
requiring the continued operation of the
subslab vapor intrusion mitigation
systems were needed. In addition, EPA
determined that ICs requiring vapor
intrusion sampling and/or mitigative
measures were needed should the
unoccupied Jackson Steel building be
occupied or replaced with another
structure in the future.
EPA issued an ESD on June 20, 2016,
documenting its determination to
incorporate into the remedy ICs to
prevent exposure through vapor
intrusion. The ICs will remain in place
until the residual VOCs fully dissipate
in the subsurface. EPA noted in the ESD
that a Vapor Intrusion Management Plan
(VIMP) and Institutional Control
Implementation and Assurance Plan
(ICIAP) would be prepared to ensure
that the ICs were appropriately
implemented and maintained. In
addition, in the ESD EPA noted that it
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would communicate directly with the
Village of Mineola Superintendent of
Buildings, requesting that EPA and
NYSDEC be notified if the existing
building is to be refurbished and used
for human occupancy or demolished
and a new structure constructed. The
correspondence would also request that
the Village not issue a Certificate of
Occupancy until necessary vapor
intrusion-related actions identified by
EPA and NYSDEC are carried out.
A VIMP and ICIAP were completed
on June 20, 2016.
On June 20, 2016, EPA sent a letter to
the Village of Mineola Superintendent
of Buildings, requesting that EPA and
NYSDEC be notified if the existing
building is to be refurbished and used
for human occupancy or demolished
and a new structure constructed and
requested that the Village not issue a
Certificate of Occupancy until necessary
vapor intrusion-related actions
identified by EPA and NYSDEC are
carried out. Periodic reminders will be
issued to the Village to help ensure the
effectiveness of this measure.
On July 27, 2016, notices were placed
on the deed of the two parcels occupied
by the daycare center and the parcel
occupied by the Jackson Steel building.
The notice on the deed of the daycare
center requires that the subslab vapor
intrusion mitigation systems be
operated as long as elevated levels of
vapors remain under the buildings on
the property and the buildings are
occupied. The notice on the deed of the
Jackson Steel building alerts any
potential purchaser, lessee, or other user
of the property that EPA and NYSDEC
must be notified if and when a
determination is made that the existing
building will be refurbished and used
for human occupancy or demolished
and a new structure constructed. EPA
intends to effect an environmental
easement on the Jackson Steel property
in the future once a new owner takes
control of the property.
Five-Year Review
It is the policy of EPA to conduct fiveyear reviews when remedial activities,
including monitoring, will continue for
more than five years. A five-year review
that is required by policy is triggered by
the date of the approval of the
Preliminary Close-Out Report, which
documents that EPA has determined
that construction at a site has been
completed. For this Site, the
Preliminary Close-Out Report was
approved on August 30, 2007.
The first five-year review was
completed in August 2012. The review
concluded that the remedy was
functioning as intended in the decision
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations
documents and was protecting human
health and the environment.
Subsequent to the 2012 five-year
review, EPA determined that ICs were
necessary to ensure the protectiveness
of the remedy, as discussed above. Fiveyear reviews will be conducted as long
as residual VOC levels remain that
perpetuate the vapor intrusion concerns
described in this ESD. The next fiveyear review will be conducted by
August 2017.
Community Involvement
Public participation activities for the
Site have been satisfied as required
pursuant to CERCLA Sections 113(k)
and 117, 42 U.S.C. 9613(k) and 9617. As
part of the remedy selection process, the
public was invited to comment on the
proposed remedy. All other documents
and information that EPA relied on or
considered in recommending this
deletion are available for the public to
review at the information repositories
identified above.
ehiers on DSK5VPTVN1PROD with RULES
Determination That the Site Meets the
Criteria for Deletion From the NCP
All of the cleanup requirements for
the Site have been met, as described in
the September 2006 groundwater
Interim Groundwater Remedial Action
Report, September 2008 soil Remedial
Action Report, August 2007 Preliminary
Close-Out Report, July 2016 Final CloseOut Report, and 2012 Five-Year Review
report. The State of New York, in a July
29, 2016 letter, concurred with the
proposed deletion of the 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 the deletion of the Site has
been met in that that the soil on the Site
and the groundwater beneath the Site no
longer pose a threat to public health or
the environment. Consequently, EPA is
deleting the Site from the NPL.
Documents supporting this action are
available in the deletion docket at
https://www.regulations.gov and at the
Site information repositories.
V. Deletion Action
EPA, with the concurrence of the
State of New York through NYSDEC,
has determined that other than the
ongoing operation and maintenance of
the vapor intrusion mitigation systems
at the daycare center, periodic vapor
intrusion monitoring, insuring that the
VerDate Sep<11>2014
14:21 Aug 11, 2016
Jkt 238001
ICs are in place and effective, and fiveyear reviews, all appropriate responses
under CERCLA have been completed at
the Site. The soil and groundwater
immediately underlying the Site no
longer pose a threat to public health or
the environment. Therefore, EPA is
deleting the Site from the NPL. Periodic
vapor intrusion monitoring and fiveyear reviews will still be required for
the Site. The deletion does not preclude
future action under CERCLA. Because
EPA considers this action to be
noncontroversial and routine, EPA is
taking this action without prior
publication. This action will be effective
September 26, 2016 unless EPA receives
adverse comments by September 12,
2016. 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
NOD before the effective date of the
deletion and the deletion will not take
effect. EPA will prepare a response to
comments and continue with the
deletion process on the basis of the
NOID and the comments received. In
such a case, 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, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 2, 2016.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9675; 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 ‘‘Jackson
Steel,’’ ‘‘Mineola/North Hempstead,’’
‘‘NY.’’
■
[FR Doc. 2016–19130 Filed 8–11–16; 8:45 am]
BILLING CODE 6560–50–P
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Frm 00071
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53315
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2015–0170;
FFXES11130000–156–FF08E00000]
RIN 1018–BA71
Endangered and Threatened Wildlife
and Plants; Removing the San Miguel
Island Fox, Santa Rosa Island Fox, and
Santa Cruz Island Fox From the
Federal List of Endangered and
Threatened Wildlife, and Reclassifying
the Santa Catalina Island Fox From
Endangered to Threatened
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are removing
the San Miguel Island fox (Urocyon
littoralis littoralis), Santa Rosa Island
fox (U. l. santarosae), and Santa Cruz
Island fox (U. l. santacruzae) from the
Federal List of Endangered and
Threatened Wildlife and are
reclassifying the Santa Catalina Island
fox (U. l. catalinae) from an endangered
species to a threatened species. This
action is based on a thorough review of
the best available scientific and
commercial information, which
indicates that the threats to the San
Miguel Island fox, Santa Rosa Island
fox, and Santa Cruz Island fox have
been eliminated or reduced to the point
that each of the subspecies no longer
meets the definition of an endangered
species or a threatened species under
the Endangered Species Act of 1973, as
amended (Act), and that the threats to
the Santa Catalina Island fox have been
reduced to the point that the subspecies
can be reclassified as a threatened
species. We also announce the
availability of a final post-delisting
monitoring plan for the San Miguel
Island fox, Santa Rosa Island fox, and
Santa Cruz Island fox.
DATES: This rule is effective September
12, 2016.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov and at the Ventura
Fish and Wildlife Office’s Web site at
https://www.fws.gov/Ventura/.
Comments, materials, and supporting
documentation considered in this
rulemaking are available on the Internet
at https://www.regulations.gov at Docket
No. FWS–R8–ES–2015–0170, and are
available for public inspection by
appointment, during normal business
hours at: U.S. Fish and Wildlife Service,
SUMMARY:
E:\FR\FM\12AUR1.SGM
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Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53311-53315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19130]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2000-0006; FRL-9950-62-Region 2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Jackson Steel Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Jackson Steel Superfund site (Site), located in the
Village of Mineola, Nassau County, New York, contains a building
formerly used as a metal-forming facility. The Site is bordered to the
north by commercial spaces and single-family dwellings, to the east by
a two-story apartment complex, to the south by a daycare center and to
the west by an office building and restaurant.
The Environmental Protection Agency (EPA) Region 2 is publishing
this direct final Notice of Deletion (NOD) of the Site 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 at the Site and that the soil on the Site and the groundwater
beneath the Site no longer pose a threat to public health or the
environment. Because elevated concentrations of volatile organic
compounds (VOCs) are present under the slab of the vacant Jackson Steel
building and the occupied daycare center, operation and maintenance of
the subslab vapor intrusion mitigation systems under the daycare
center, periodic vapor intrusion monitoring, and five-year reviews will
continue. The deletion does not preclude future actions under
Superfund.
DATES: This direct final deletion will be effective September 26, 2016
unless EPA receives adverse comments by September 12, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of this
direct final NOD in the Federal
[[Page 53312]]
Register, informing the public that the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0006, by one of the following methods:
Web site: https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: singerman.joel@epa.gov.
Fax: To the attention of Joel Singerman at 212-637-3966.
Mail: To the attention of Joel Singerman, Chief, Central
New York Remediation Section, 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, 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-
2000-0006. EPA's policy is that all comments received will be included
in the 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 for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or via
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 comments. If you
send comments to EPA via email, your email address will be included as
part of the comment that is placed in the 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 because of technical difficulties and cannot contact
you for clarification, EPA may not be able to consider your comments
fully. 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
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly-available Docket materials can be obtained either
electronically at https://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866. Phone: 212-
637-4308. Hours: Monday to Friday: 9:00 a.m. to 5:00 p.m.
Town of North Hempstead, 200 Plandome Road, Manhasset, NY 11030. Phone:
(516) 489-5000. Hours: Monday-Friday, 8:15 a.m.-4:00 p.m.
Garden City Public Library, 60 Seventh Street, Garden City, NY 11530.
Phone: (516) 742-8405. Hours: Monday-Thursday: 9:30 a.m.-9:00 p.m.;
Friday and Saturday: 9:30 a.m.-5:00 p.m.; Sat: 9:30 a.m.-5:00 p.m. and
Sunday: 1:00 p.m.-5:00 p.m.
Village of Mineola Hall, 155 Washington Avenue, Mineola, NY 11501.
Phone: (516) 746-0750. Hours: Monday-Friday 8:30 a.m.-4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Joel Singerman, Chief, Central New
York Remediation Section, by mail at Emergency and Remedial Response
Division, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
20th Floor, New York, NY 10007-1866; telephone at 212-637-4258; fax at
212-637-3966; or email at singerman.joel@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 2 is publishing this direct final NOD of the Site from
the NPL. The NPL constitutes Appendix B of 40 CFR part 300, which is
the NCP, which EPA promulgated pursuant to Section 105 of CERCLA, as
amended. EPA maintains the NPL as the list of releases that appear to
present a significant risk to public health, welfare, or the
environment. The releases on the NPL may be the subject of remedial
actions financed by the Hazardous Substance Superfund (Fund). As
described in Section 300.425(e)(3) of the NCP, a site deleted from the
NPL remains eligible for Fund-financed remedial action if future
conditions at the site warrant such actions.
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 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;
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 (RI) 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.
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 the deletion of the Site:
(1) EPA consulted with the State of New York prior to developing
this direct final NOD and the NOID also published today in the
``Proposed Rules'' section of the Federal Register.
(2) EPA has provided the State with 30 working days for review of
this notice and the parallel NOID prior to their publication today, and
the State,
[[Page 53313]]
through NYSDEC, has concurred on the deletion of the Site from the NPL.
(3) Concurrent with the publication of this direct final NOD, a
notice of the availability of the parallel NOID is being published in a
major local newspaper, the Mineola American. The newspaper notice
announces the 30-day public comment period concerning the NOID of the
Site from the NPL.
(4) 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 NOD before its effective date
and will prepare a response to comments. If appropriate, EPA may
continue with the deletion process based on the NOID and the comments
already received.
The NPL is designed primarily for informational purposes and to
assist EPA's management of sites. Section 300.425(e)(3) of the NCP
states that the deletion of a site from the NPL does not preclude
eligibility for further response actions should future conditions
warrant such actions.
IV. Basis for Site Deletion
The following information provides the Agency's rationale for
deleting the Site from the NPL.
Site Background and History
The 1.5-acre Site (CERCLIS ID NYD001344456) contains a one-story,
43,000-square-foot building formerly used as a metal-forming facility
and an approximately 10,000-square foot paved parking area. It is
bordered to the north by commercial spaces and single-family dwellings,
to the east by a two-story apartment complex, to the south by a daycare
center, and to the west by an office building and restaurant.
The property was used from the mid-1970s until 1991 as a ``roll
form metal shapes'' manufacturing facility. Degreasers, including
tetrachloroethylene (PCE), trichloroethylene, and 1,1,1-
trichloroethane, were used at the facility until 1985. Sludges from
degreasing equipment were stored in drums and in an on-property 275-
gallon tank.
The analytical results from samples collected by the Nassau County
Department of Health (NCHD) in the early 1990s from within, around, and
below three on-property dry wells indicated the presence of VOCs at
depths down to 40 feet below the ground surface. VOCs were also
detected in groundwater samples collected from monitoring wells located
downgradient of the dry wells.
Dumping of wastes into the dry wells and spills and leaks from
drums storing various chemicals during the facility's operations are
the likely sources of the contamination that was found at the Site.
The Site was proposed for listing on the NPL on October 22, 1999
(40 CFR part 300 [FRL-6462-2]). The Site was listed on the NPL on
February 4, 2000 (40 CFR part 300 [FRL-6532-7]).
Following the commencement of RI-related field work in October
2001, because of concerns about the proximity of the Site to the
daycare center, NCHD performed air sampling inside the daycare center
building. The air samples detected PCE at levels below the New York
State Department of Health's (NYSDOH's) guideline for indoor PCE
exposure. Given the sensitivity of the population exposed (preschool
children), NCHD collected additional samples in December 2001. At that
time, indoor testing was also conducted inside the Jackson Steel
building and the restaurant located adjacent to the Site. The results
indicated that PCE levels in the indoor air of several rooms in the
daycare center were above NYSDOH's guideline for PCE. As a result, in
January 2002, a subslab depressurization system (i.e., vapor intrusion
mitigation system) was installed by EPA. In addition, a ventilation
system was installed by the daycare center's contractor. Samples
collected to assess the effectiveness of the implemented measures
showed that the PCE levels in the air were significantly below NYSDOH's
guideline and below EPA's acceptable noncancer risk levels. Because
elevated PCE levels were also detected in a billiards club that shared
common walls with the Site building and the daycare center, EPA
installed a vapor intrusion mitigation system under the concrete slab
of this building, as well. The billiards club was subsequently occupied
as a retail store, and recently the daycare center (the Learn and Play
Daycare Center) expanded to occupy this space, as well. The vapor
intrusion mitigation systems were replaced by the property owner's
contractor in May 2016.
The results of the RI, which was completed in 2002, indicated that
VOCs, semi-volatile organic compounds, pesticides, and metals
contamination were present in the surface soil, and VOC contamination
was present at several subsurface soil locations. In addition,
contamination was found in a trench and sumps located inside the
building and dry wells located under the parking lot at the Site.
Groundwater from the three hydrogeologic units underlying the
site--the Upper Glacial Aquifer (upper aquifer), Magothy Confining Bed
(a low permeability, clay layer separating the upper and deep
aquifers), and the Magothy Aquifer (deep aquifer)--were also sampled.
VOC contamination above state and federal standards was detected both
in the Upper Glacial Aquifer and Magothy Aquifer.
Based upon the results of the RI and a feasibility study, in
September 2004, EPA selected a remedy for the Site in a Record of
Decision (ROD). The ROD outlined the following remedial action
objectives (RAOs):
Minimize or eliminate contaminant migration from
contaminated soils and dry wells to the groundwater;
minimize or eliminate any contaminant migration from
contaminated soils and groundwater to indoor air;
restore groundwater to levels which meet state and federal
standards within a reasonable time frame;
mitigate the migration of the affected groundwater; and
reduce or eliminate any direct contact, ingestion, or
inhalation threat associated with contaminated soils, soil vapor,
contaminated surfaces in the on-property building, and groundwater.
The selected remedy includes the following actions:
Decontamination of the Jackson Steel building floor;
in-situ soil vapor extraction (ISVE) to treat the
contaminated subsurface soil;
excavation and off-Site disposal of the contaminated
surface soil and contaminated material in on-Site sumps, a trench, and
dry wells;
in-situ chemical oxidation (ISCO) to treat the
contaminated groundwater in the Upper Glacial Aquifer;
extraction and treatment of the contaminated groundwater
in the deep aquifer if confirmatory groundwater sampling indicates that
the Site is a principal source of the groundwater contamination to the
aquifer underlying the Site;
if it is determined that the Site is a principal source of
the groundwater contamination to the deep aquifer underlying the Site,
the selected remedy would be expanded, as necessary, to include off-
property groundwater contamination; and
long-term groundwater monitoring.
The soil cleanup objectives were established pursuant to New York
State Technical and Administrative Guidance
[[Page 53314]]
Memorandum (TAGM) No. 94-HWR-4046 objectives (Division Technical and
Administrative Guidance Memorandum: Determination of Soil Cleanup
Objectives and Cleanup Levels, Division of Hazardous Waste Remediation,
January 24, 1994). As dictated by the TAGM objectives, the soil cleanup
levels selected in the ROD were the more stringent cleanup level
between a human-health protection value and a value based on protection
of groundwater. The groundwater cleanup goals were the more stringent
of the state or federal promulgated standards. EPA and New York State
Department of Health promulgated health-based, protective Maximum
Contaminant Levels (MCLs) that are enforceable standards for various
drinking water contaminants. MCLs ensure that drinking water does not
pose either a short- or long-term health risk.
The building decontamination and the excavation of the contaminated
surface soil and the contaminated material in the building sumps and
trench and in the dry wells and their disposal were performed from 2005
to 2006. A total of 170 cubic yards of material was excavated and
disposed of at an EPA-approved off-Site facility.
Groundwater ISCO injections were performed between July and
December 2005. Approximately, 15,000 gallons of iron-catalyzed sodium
persulfate (with small amounts of buffering agents) and 600 gallons of
hydrogen peroxide were injected into the aquifer through a network of
20 injection wells to treat the contamination in the Upper Glacial
Aquifer.
After a successful pilot test, an ISVE system consisting of nine
ISVE wells and 11 vapor monitoring probes began operating in 2005.
A supplemental groundwater investigation was conducted from 2005 to
2006 to determine the source of the Magothy Aquifer contamination
underneath the Site and to establish whether there was a relationship
between the contamination at the Site and the VOC contamination
detected in nearby Village of Mineola Supply Well #4. Based on the
results of the investigation, it was concluded that the Site was not a
current source of contamination in the Magothy Aquifer. Therefore, EPA
decided not to implement the Magothy Aquifer groundwater remedy. An
Explanation of Significant Differences (ESD) was issued in 2007,
documenting this decision.
While the cleanup objectives for the Upper Glacial Aquifer and soil
were met in 2006 and 2008, respectively, EPA continued to operate the
ISVE system until 2013 because VOC vapors were still being recovered
from underneath the Jackson Steel building. The operation of the ISVE
system was discontinued when the levels of vapor removal became too low
for the system to continue to be efficient.
The aboveground ISVE infrastructure was removed by EPA in June
2013. From March to April 19, 2016, the groundwater monitoring wells,
ISVE wells, vapor monitoring wells, ISCO injection wells, and ISCO
monitoring wells, were decommissioned.
Although EPA successfully remediated the soil and the groundwater
aquifer immediately underlying the Site, residual levels of VOCs
remain. VOCs, even at low levels, can migrate as vapors through the
soil into buildings. This process, which is called vapor intrusion, can
result in unacceptable human exposures to VOCs inside occupied
buildings. This pathway is currently incomplete at the Site, because
the building on the site is currently unoccupied, and subslab vapor
intrusion mitigation systems prevent the migration of vapors into an
adjacent occupied building.
Because the residual levels of VOCs are expected to dissipate
slowly, EPA concluded that preventing human exposure to VOCs at the
occupied building will be needed for a number of years to ensure the
protectiveness of the remedy. Therefore, the existing vapor intrusion
mitigation systems will need to continue to operate, and additional
actions, from monitoring to the installation of an additional vapor
mitigation system, may be needed should the currently unoccupied
building be occupied or replaced with another structure in the future.
EPA determined that institutional controls (ICs) (i.e., property use
restrictions) requiring the continued operation of the subslab vapor
intrusion mitigation systems were needed. In addition, EPA determined
that ICs requiring vapor intrusion sampling and/or mitigative measures
were needed should the unoccupied Jackson Steel building be occupied or
replaced with another structure in the future.
EPA issued an ESD on June 20, 2016, documenting its determination
to incorporate into the remedy ICs to prevent exposure through vapor
intrusion. The ICs will remain in place until the residual VOCs fully
dissipate in the subsurface. EPA noted in the ESD that a Vapor
Intrusion Management Plan (VIMP) and Institutional Control
Implementation and Assurance Plan (ICIAP) would be prepared to ensure
that the ICs were appropriately implemented and maintained. In
addition, in the ESD EPA noted that it would communicate directly with
the Village of Mineola Superintendent of Buildings, requesting that EPA
and NYSDEC be notified if the existing building is to be refurbished
and used for human occupancy or demolished and a new structure
constructed. The correspondence would also request that the Village not
issue a Certificate of Occupancy until necessary vapor intrusion-
related actions identified by EPA and NYSDEC are carried out.
A VIMP and ICIAP were completed on June 20, 2016.
On June 20, 2016, EPA sent a letter to the Village of Mineola
Superintendent of Buildings, requesting that EPA and NYSDEC be notified
if the existing building is to be refurbished and used for human
occupancy or demolished and a new structure constructed and requested
that the Village not issue a Certificate of Occupancy until necessary
vapor intrusion-related actions identified by EPA and NYSDEC are
carried out. Periodic reminders will be issued to the Village to help
ensure the effectiveness of this measure.
On July 27, 2016, notices were placed on the deed of the two
parcels occupied by the daycare center and the parcel occupied by the
Jackson Steel building. The notice on the deed of the daycare center
requires that the subslab vapor intrusion mitigation systems be
operated as long as elevated levels of vapors remain under the
buildings on the property and the buildings are occupied. The notice on
the deed of the Jackson Steel building alerts any potential purchaser,
lessee, or other user of the property that EPA and NYSDEC must be
notified if and when a determination is made that the existing building
will be refurbished and used for human occupancy or demolished and a
new structure constructed. EPA intends to effect an environmental
easement on the Jackson Steel property in the future once a new owner
takes control of the property.
Five-Year Review
It is the policy of EPA to conduct five-year reviews when remedial
activities, including monitoring, will continue for more than five
years. A five-year review that is required by policy is triggered by
the date of the approval of the Preliminary Close-Out Report, which
documents that EPA has determined that construction at a site has been
completed. For this Site, the Preliminary Close-Out Report was approved
on August 30, 2007.
The first five-year review was completed in August 2012. The review
concluded that the remedy was functioning as intended in the decision
[[Page 53315]]
documents and was protecting human health and the environment.
Subsequent to the 2012 five-year review, EPA determined that ICs
were necessary to ensure the protectiveness of the remedy, as discussed
above. Five-year reviews will be conducted as long as residual VOC
levels remain that perpetuate the vapor intrusion concerns described in
this ESD. The next five-year review will be conducted by August 2017.
Community Involvement
Public participation activities for the Site have been satisfied as
required pursuant to CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k)
and 9617. As part of the remedy selection process, the public was
invited to comment on the proposed remedy. All other documents and
information that 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 cleanup requirements for the Site have been met, as
described in the September 2006 groundwater Interim Groundwater
Remedial Action Report, September 2008 soil Remedial Action Report,
August 2007 Preliminary Close-Out Report, July 2016 Final Close-Out
Report, and 2012 Five-Year Review report. The State of New York, in a
July 29, 2016 letter, concurred with the proposed deletion of the 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 the deletion of
the Site has been met in that that the soil on the Site and the
groundwater beneath the Site no longer pose a threat to public health
or the environment. Consequently, EPA is deleting the Site from the
NPL. Documents supporting this action are available in the deletion
docket at https://www.regulations.gov and at the Site information
repositories.
V. Deletion Action
EPA, with the concurrence of the State of New York through NYSDEC,
has determined that other than the ongoing operation and maintenance of
the vapor intrusion mitigation systems at the daycare center, periodic
vapor intrusion monitoring, insuring that the ICs are in place and
effective, and five-year reviews, all appropriate responses under
CERCLA have been completed at the Site. The soil and groundwater
immediately underlying the Site no longer pose a threat to public
health or the environment. Therefore, EPA is deleting the Site from the
NPL. Periodic vapor intrusion monitoring and five-year reviews will
still be required for the Site. The deletion does not preclude future
action under CERCLA. Because EPA considers this action to be
noncontroversial and routine, EPA is taking this action without prior
publication. This action will be effective September 26, 2016 unless
EPA receives adverse comments by September 12, 2016. 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 NOD
before the effective date of the deletion and the deletion will not
take effect. EPA will prepare a response to comments and continue with
the deletion process on the basis of the NOID and the comments
received. In such a case, 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,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: August 2, 2016.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
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1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9675; E.O.
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR 1987 Comp., p. 193.
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2. Table 1 of Appendix B to part 300 is amended by removing ``Jackson
Steel,'' ``Mineola/North Hempstead,'' ``NY.''
[FR Doc. 2016-19130 Filed 8-11-16; 8:45 am]
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