National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Fulton Terminals Superfund Site, 23374-23378 [2018-10798]
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
(1) Regulation 2, ‘‘Permits,’’ Rule 1,
‘‘General Requirements,’’ adopted on
December 6, 2017; Regulation 2,
‘‘Permits,’’ Rule 2, ‘‘New Source
Review,’’ adopted on December 6, 2017;
and Regulation 2, ‘‘Permits,’’ Rule 4,
‘‘Emissions Banking,’’ adopted on
December 6, 2017.
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph (c).
■
[FR Doc. 2018–10691 Filed 5–18–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9978–
05–Region 2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Fulton Terminals Superfund Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Fulton Terminals
Superfund site (Site), located in the City
of Fulton, Oswego County, New York,
originally consisted of an ‘‘On-Property’’
area and an ‘‘Off-Property’’ area. The
On-Property area was deleted from the
National Priorities List (NPL) in 2015.
The Off-Property area remained on the
NPL because residual groundwater
contamination was still present.
Because the groundwater in the OffProperty area has achieved the cleanup
levels, the U.S. Environmental
Protection Agency (EPA) is issuing this
Notice of Deletion (NOD) of the OffProperty area from the NPL and requests
public comments on this action.
DATES: This direct final deletion will be
effective July 20, 2018 unless the EPA
receives adverse comments by June 20,
2018. If adverse comments are received,
the EPA will publish a timely
withdrawal of this direct final NOD in
the Federal Register, informing the
public that the deletion will not take
effect.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1983–0002, by one of the
following methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from regulations.gov.
The EPA may publish any comment
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ADDRESSES:
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received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: tsiamis.christos@epa.gov.
• Mail: To the attention of Christos
Tsiamis, Remedial Project Manager,
Emergency and Remedial Response
Division, U.S. Environmental Protection
Agency, Region 2, 290 Broadway, 20th
Floor, New York, NY 10007–1866.
• Hand Delivery: Superfund Records
Center, 290 Broadway, 18th Floor, 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–1983–
0002.
The 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 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 via email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comments. If you send comments to the
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 website. If you submit
electronic comments, the EPA
recommends that you include your
name and other contact information in
the body of your comments and with
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any disks or CD–ROMs that you submit.
If the EPA cannot read your comments
because of technical difficulties and
cannot contact you for clarification, the
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.
All documents in the Docket are listed
in the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publiclyavailable 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 from
9:00 a.m. to 5:00 p.m., and
Fulton Public Library, 160 South First
Street, Fulton, NY 13069, Phone: 315–
592–5159, Hours: Tue–Thu: 9:00
a.m.–7:00 p.m., Fri: 9:00 a.m.–5:00
p.m., Sat: 10:00 a.m.–3:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Christos Tsiamis, Remedial Project
Manager, Emergency and Remedial
Response Division, U.S. Environmental
Protection Agency, 290 Broadway, 20th
Floor, New York, NY 10007–1866, 212–
637–4257, or tsiamis.christos@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
The Site, located in the City of Fulton,
Oswego County, New York, originally
consisted of an ‘‘On-Property’’ area, an
approximately 1.5-acre parcel of land
bounded on the west by First Street, on
the south by Shaw Street, on the east by
New York State Route 481 and on the
north by a warehouse, and an ‘‘OffProperty’’ area, defined by the area
between the On-Property area’s western
property boundary to the Oswego River
(approximately 50 feet).
The On-Property area was deleted
from the NPL on April 6, 2015 (80 FR
5957). Because residual groundwater
contamination (cis-1,2-dichloroethene
[DCE] and vinyl chloride [VC]) was still
present at the Off-Property area, the OffProperty area remained on the NPL, and
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groundwater monitoring and five-year
reviews were still required for this area.
Groundwater samples were collected
from the Off-Property area in July 2016,
June 2017, and September 2017, and
they were analyzed for cis-1,2–DCE and
VC. The reported concentrations of
these constituents detected in the
analyses of these samples were all
below the cleanup levels, with two of
the three being ‘‘non-detect’’ (meaning
concentrations were below the
laboratory detection limits of 0.5
micrograms per liter [mg/L]). Based on
an analysis of all the groundwater
monitoring wells and associated
contaminant-specific data, it was
concluded that the groundwater remedy
has achieved the cleanup levels selected
for the Site, and data analysis indicates
that the contaminant levels in the
groundwater will remain below these
standards. Therefore, the EPA has
determined that the response action is
completed and that no further
groundwater monitoring or five-year
reviews at the Site are necessary.
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 part of the NCP,
which the EPA promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended. The
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 § 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.
The EPA and the State of New York,
through the New York State Department
of Environmental Conservation
(NYSDEC), have determined that all
appropriate response actions under
CERCLA have been completed at the
Site and that it no longer poses a threat
to public health or the environment.
Therefore, the EPA and NYSDEC have
concluded that this NOD may proceed.
However, this deletion does not
preclude future actions under
Superfund should future conditions
warrant such action.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that the EPA is using for this action.
Section IV discusses the Off-Property
area and demonstrates how it meets the
deletion criteria. Section V discusses the
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EPA’s action to delete the Off-Property
area from the NPL unless adverse
comments are received during the
public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that
the 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 response or no
further response is appropriate. In
making such a determination pursuant
to 40 CFR 300.425(e), The 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, the EPA conducts fiveyear 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. The EPA
conducts such five-year reviews even if
a site is deleted from the NPL. The 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 Off-Property area.
i. The EPA consulted with the State
of New York prior to developing this
direct final NOD and the Notice of
Intent to Delete (NOID) also published
today in the ‘‘Proposed Rules’’ section
of the Federal Register.
ii. The 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,
through the NYSDEC, has concurred on
the deletion of the Off-Property area
from the NPL.
iii. Concurrent with the publication of
this direct final NOD, a notice of the
availability of the parallel NOID is being
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published in a major local newspaper,
the Palladium-Times. The newspaper
notice announces the 30-day public
comment period concerning the NOID
regarding the Off-Property area from the
NPL.
iv. The EPA placed copies of
documents supporting the proposed
deletion in the Deletion Docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
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 the EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist the
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
Off-Property area from the NPL.
Site Background and History
The Site (NYD980593099), located in
the City of Fulton, Oswego County, New
York, originally consisted of a 1.5-acre
‘‘On-Property’’ area, which is bounded
on the west by First Street, on the south
by Shaw Street, on the east by New York
State Route 481, and on the north by a
warehouse, and an ‘‘Off-Property’’ area,
defined by the area between the OnProperty area’s western property
boundary to the Oswego River
(approximately 50 feet). The Site is in
an industrial section of the City of
Fulton. The Oswego River is used for
recreation. Residences, city and county
offices, and several businesses are
located within a 1,500-foot radius of the
Site.
From 1936 to 1960, the primary
activity on the On-Property area was the
manufacturing of roofing materials,
which involved the storage of asphalt in
above-ground tanks and fuel oil storage
in underground tanks. From 1972 to
1977, the property was used by Fulton
Terminals, Inc. as a staging and storage
area for solvents and other materials
that were scheduled for incineration at
the Pollution Abatement Services
facility located elsewhere in Oswego,
New York. Operations at the Fulton
Terminals facility resulted in the
contamination of the groundwater, soil,
and sediments with volatile organic
compounds (VOCs).
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From 1981 to 1983, Fulton Terminals,
Inc. removed several tanks as part of a
voluntary cleanup program. These
activities ceased in 1983 after the
facility operator was fined by the
NYSDEC for the improper disposal of
polychlorinated biphenyls. The Site was
listed on the NPL in 1983.
The EPA and certain potentially
responsible parties (PRPs) conducted
removal activities at the Site in 1986,
consisting of constructing a seven-foot
perimeter fence around the Site, posting
warning signs, removing two aboveground tanks and two underground
tanks, removing approximately 300
cubic yards (CY) of visiblycontaminated soil and tar-like wastes,
and excavating storm drains that were
acting as a conduit for contaminated
runoff to enter the Oswego River during
storm events. An additional removal
action was performed in 1990, which
involved the construction of earthen
barriers for the prevention of surface
runoff from the Site.
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Remedial Investigation and Feasibility
Study Results
From 1985 to 1987, NYSDEC’s
contractor, URS Company, Inc.,
performed a remedial investigation/
feasibility study (RI/FS) at the Site. The
RI/FS report that was generated from
these efforts was declared invalid by
NYSDEC because of problems
associated with the laboratory analyses.
A revised RI/FS report, based on
additional sampling, was prepared by
NYSDEC’s contractor in 1988. The EPA
concluded, however, that the revised
RI/FS report did not fully characterize
the Site. Accordingly, the EPA
performed a supplemental RI/FS. The
conclusions set forth in the
supplemental RI/FS, completed in 1989
by the EPA’s contractor, Ebasco
Services, Inc., indicated that various
VOCs were present in the unsaturated
soil (above the water table) and in the
groundwater at the Site. An
Endangerment Assessment for the Site,
which was also completed in 1989,
contained conclusions that minimal
human health risks were associated
with the existing Site conditions.
However, the supplemental RI/FS
process revealed that the leaching of
VOCs from the contaminated on-site soil
into the groundwater posed a risk to the
environment.
Record of Decision Findings
On September 29, 1989, a Record of
Decision (ROD) was signed, in which
the EPA documented the selection of
excavation and low temperature thermal
desorption (LTTD) as the treatment
method of approximately 4,000 CY of
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contaminated soils located above the
water table, and pumping, air stripping,
carbon adsorption, and reinjection as
the treatment method for the
contaminated groundwater. The remedy
also included the implementation of
institutional controls to prevent the
utilization of the groundwater at the
Site. The objective of the soil remedy
was to reduce the concentrations of
VOCs in the soils to levels that would
no longer cause the groundwater quality
to exceed groundwater standards
because of percolation of precipitation
through the unsaturated soils.
Remedy Implementation
A consent decree was signed by the
PRPs in 1990, in which they agreed to
design and implement the remedy
called for in the ROD. The consent
decree became effective in 1991.
Soil Remediation
The remedial design (RD) of the soil
excavation and treatment was initiated
by Blasland, Bouck & Lee, Inc. (BBL),
the contractor for the PRPs, in 1991.
Pre-RD sampling revealed the
presence of a significant amount of
contamination in the deep soil (from the
water table down to bedrock). Because
the contaminated soil below the water
table would continue to leach
contaminants to the groundwater, the
EPA concluded that remediating this
soil would be beneficial to the long-term
groundwater cleanup.
Remedial alternatives to address the
contaminated soils below the water
table were evaluated in a focused
feasibility study (FFS) completed by
BBL in 1994. The EPA determined that
specialized methods for stabilizing the
deep excavation area would be required
for the removal of the contaminated
soils because of the excavation depth,
the need for control of groundwater
infiltration into the excavation area, and
the proximity of the Site to the Oswego
River.
Based on the results of the pre-RD
sampling effort and the findings of the
FFS, the EPA modified the soil remedy
in a 1994 Explanation of Significant
Differences (ESD). The ESD called for
the excavation of the VOC-contaminated
soils in the saturated zone (below the
water table), followed by the treatment
of the excavated soils by LTTD.
Following the completion of the plans
and specifications related to the soil
remedy in 1995, BBL initiated
construction of the soil remedy. Because
of the proximity of the Site to the
Oswego River, a ‘‘freeze wall’’ was used,
which is a construction process
whereby the ground is frozen at depth
to allow the dry excavation of
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contaminated soils below the water
table. The excavation, treatment, and
backfilling were completed in 1996. The
total amount of contaminated source
material that was remediated was
10,200 CY. Post-excavation soil
sampling results indicated that residual
levels of VOCs in soils were well below
the target cleanup levels. A Remedial
Action Report documenting the
completion of the soil remedy was
approved by the EPA on September 30,
1996.
Groundwater Remediation
The groundwater remedy called for in
the ROD required the reduction of VOC
concentrations to federal Maximum
Contaminant Levels (MCLs) and New
York State’s groundwater quality
standards by pumping the groundwater
from the saturated sand and gravel zone
underlying the Site, treating the
groundwater by air stripping and carbon
adsorption, and reinjecting the water
into the saturated sand and gravel zone.
The design of the groundwater
remediation was performed from 1991
to 1994. Initiation of the groundwater
remedial action was, however,
postponed until all the soil activities at
the Site were completed. At that time,
a horizontal extraction well system
consisting of a gallery of perforated
piping and a collection manhole was
installed at the base of the excavation.
Given the overall effectiveness of the
soil remedy, it was determined that
groundwater standards could be
achieved within a relatively short time
frame if the groundwater extraction
could be commenced immediately.
Utilizing a mobile treatment system, an
expedited pumping of the contaminated
groundwater commenced on February
11, 1997. The operation of the
groundwater extraction and treatment
system (including groundwater
reinjection/surface water discharge), as
well as weekly influent/effluent
monitoring conducted during its
operation, was performed by Clean
Harbors on behalf of the PRPs. The
system was shut down on May 30, 1997,
when sampling data of the influent
indicated that the objectives of the
expedited pumping program had been
achieved. During the 12-week operation
period, approximately 8.8 million
gallons of contaminated groundwater
were extracted and treated. Subsequent
groundwater sampling showed that
MCLs had been achieved in the source
area, and groundwater modeling
indicated that the Off-Property VOCs
would naturally attenuate in a
‘‘reasonable’’ time frame (i.e., within 20
to 30 years). Residual subsurface ice
from the freeze wall precluded an
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accurate evaluation of the groundwater
remedy performance (the two
downgradient monitoring wells were
frozen). Following the forced thaw of
the freeze wall via steam injection by
the PRPs in 1998, the temperature of the
groundwater and the concentrations of
contaminants were monitored.
Groundwater samples collected in 1999
indicated that the freeze wall was no
longer intact (i.e., the two monitoring
wells were free of ice) and that the
contamination levels in these wells
were decreasing. Completion of the
groundwater operation and transition to
long-term groundwater monitoring was
documented in the September 30, 1999
Remedial Action Report.
Institutional Controls
The remedy included the
implementation of institutional controls
to prevent the utilization of the
groundwater at the Site. A deed
restriction prohibiting the installation of
wells at the Site was filed with the
Oswego County Clerk’s office on July
31, 2009. Groundwater has been
remediated to attain drinking water
standards. Therefore, this institutional
control is no longer a necessary
component of the CERCLA response
action.
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Deletion of On-Property Area of Site
On April 6, 2015, the On-Property
area was deleted from the NPL. This
deletion addressed all media for this
area, namely surface soils, subsurface
soils, and groundwater. Because
residual groundwater contamination
remained in the Off-Property area,
groundwater monitoring and five-year
reviews were still required for the OffProperty area. Information supporting
the partial deletion of the On-Property
area can be found in the Federal
Register (80 FR 5957).
Five-Year Review
Five-year reviews of the Site were
performed in September 2004, June
2009, and May 2014. In the last five-year
review, the EPA concluded that the
implemented remedy is protective of
human health and the environment.
Based on the determination that the
remedy’s cleanup levels for
groundwater have been achieved, no
further five-year reviews are warranted
because the Site has achieved unlimited
use/unrestricted exposure. This
determination is documented in a
December 21, 2017 memorandum from
John Prince, Acting Director, Emergency
and Remedial Response Division, EPA
Region 2, to James Woolford, Director,
Office of Superfund Remediation and
Technology Innovation, entitled Fulton
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Terminals Superfund Site (EPA ID#
NYD980593099)—Cessation of FiveYear Reviews.
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 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
For groundwater restoration remedies,
the EPA recommends in OSWER
9355.0–129, Guidance for Evaluating
Completion of Groundwater Restoration
Remedial Actions, that contaminant of
concern (COC) concentrations be
evaluated on a monitoring well-bymonitoring well basis to assess whether
aquifer restoration is complete (i.e., that
the groundwater has met and will
continue to meet cleanup levels for all
COCs in the future). The guidance
document includes a recommendation
that sufficient data be collected and
evaluated using appropriate visual or
statistical methods to assist in this
determination.
After completion of the groundwater
portion of the remedy in 1999, a
sampling and analysis plan to assess the
effectiveness of the groundwater remedy
was completed. The groundwater
monitoring well network included three
source-area (i.e., On-Property)
monitoring wells and five Off-Property
monitoring wells. The initial plan
required three years of post-remedy
groundwater monitoring (March 2000
through September 2002) to verify the
successful performance of the
groundwater remedy. In October 2003,
the groundwater long-term monitoring
was extended for an additional three
years.
Groundwater samples collected from
2000–2004 showed ‘‘non-detect’’
concentrations for all the groundwater
COCs in six of the eight monitoring
wells (two Off-Property area wells still
had elevated concentrations of
trichloroethylene [TCE], cis-1,2-DCE,
and VC). As a result, sampling at the six
monitoring wells was discontinued and
they were properly abandoned in 2004.
As of 2004, the two remaining
monitoring wells demonstrated
attainment of the groundwater related to
the TCE cleanup level; however, cis-1,2DCE and VC concentrations remained
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above their respective cleanup levels,
though concentration trends were
decreasing. As a result, biannual
sampling continued at these two
monitoring wells.
In 2006, it was determined that the
groundwater had reached cleanup levels
for multiple sampling events in one of
the two remaining Off-Property area
monitoring wells. As such, sampling at
this well was discontinued in 2006.
Through 2009, biannual sampling
continued. Groundwater in the one
remaining monitoring well continued to
show cis-1,2- DCE and VC above their
respective cleanup levels. It was
determined that groundwater sampling
should continue. Samples were
collected from 2009 to 2017 and were
used to demonstrate attainment, as
discussed below.
Cis-1,2-DCE Attainment Analysis
Five data points from 2013 to 2017
were analyzed using both a visual and
statistical analysis. Specific to the
groundwater meeting the cis-1,2-DCE
cleanup level of 5 mg/L, a statistical
analysis was conducted, and the EPA
concluded that the mean concentration
was 3.1 mg/L; however, much like the
VC data, because of statistical variation,
the 95 percent upper confidence limit
on the mean was 14.1 mg/L. Although
the upper confidence limit was three
times the cleanup level, the last three
data points collected in 2016 and 2017
were all below the cleanup level, with
two of the three being ‘‘non-detect’’
(below the laboratory detection limit of
0.5 mg/L) As such, it was determined
that the data provided assurance that
the cleanup level for cis-1,2-DCE had
been met in this monitoring well.
The data was also evaluated using a
time-dependent trend. The trend for the
five data points had a statistically
significant decreasing sloping providing
assurance that the groundwater will
continue to meet the cleanup level.
VC Attainment Analysis
Six data points from 2009 through
2017 were analyzed using both a visual
and statistical analysis. Specific to the
groundwater meeting the VC cleanup
level of 2 mg/L, a statistical analysis was
conducted for the six data points, and
the EPA concluded that the mean
concentration was 1.2 mg/L; however,
because of statistical variation, the 95
percent upper confidence limit on the
mean was 2.8 mg/L, slightly above the
cleanup level of 2 mg/L. Although the
upper confidence limit was slightly
above 2 mg/L, the last three data points
collected in 2016 and 2017 are all below
the cleanup level, with two of the three
being ‘‘non-detect’’ (below the
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21MYR1
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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
laboratory detection limit of 0.5 mg/L).
As such, it was determined that the data
provided assurance that the cleanup
level for VC had been met in this
monitoring well.
The data was also evaluated using a
time-dependent trend. The trend for the
six data points had a statistically
significant decreasing slope providing
assurance that the groundwater will
continue to meet the cleanup level.
sradovich on DSK3GMQ082PROD with RULES
Conclusion
Based on this analysis of all
groundwater monitoring wells and
associated contaminant-specific data, it
has been concluded that the
groundwater remedy has achieved the
remedial cleanup levels, and data
analysis indicates that the groundwater
will remain below these standards.
Therefore, the groundwater restoration
remedial action is complete in
accordance with the remedy, and
further groundwater monitoring at the
Site is no longer necessary.
All the completion requirements for
the Off-Property area have been met, as
described in the December 28, 2017
Final Close-Out Report. The State of
New York, in a March 7, 2018 letter,
concurred with the proposed deletion of
the Site from the NPL.
The NCP specifies that the EPA may
delete a site from the NPL if
‘‘responsible parties or other persons
have implemented all appropriate
response actions required.’’ 40 CFR
300.425(e)(1)(i). The 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 the Site no longer poses
a threat to public health or the
environment. Consequently, the EPA is
deleting the Site from the NPL.
Documents supporting this action are
available in the Site files.
V. Deletion Action
The EPA, with the concurrence of the
State of New York through NYSDEC,
has determined that all appropriate
responses under CERCLA have been
completed at the Site and that it no
longer poses a threat to public health or
the environment. Therefore, the EPA is
deleting the Site from the NPL.
The Site is now suitable for unlimited
use and unrestricted exposure.
Therefore, no further five-year reviews
will be conducted for this Site. The
deletion does not preclude future action
under CERCLA. Because the EPA
considers this action to be
noncontroversial and routine, the EPA
is taking this action without prior
publication. This action will be effective
July 20, 2018 unless the EPA receives
VerDate Sep<11>2014
15:54 May 18, 2018
Jkt 244001
adverse comments by June 20, 2018. If
adverse comments are received within
the 30-day public comment period of
this action, the 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. The EPA will prepare a response
to comments and continue with the
deletion process based on 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
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: April 19, 2018.
Peter D. Lopez,
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(d); 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.
Appendix B to Part 300 [Amended]
2. Table 1 of appendix B to part 300
is amended by removing the listing
under New York for ‘‘Fulton
Terminals’’.
■
[FR Doc. 2018–10798 Filed 5–18–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 20 and 68
[CG Docket No. 13–46, WT Docket Nos. 07–
250 and 10–254; FCC 17–135]
Hearing Aid Compatibility Standards
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
information collection associated with
rules adopted in the Commission’s
document Access to
Telecommunication Equipment and
Services by Persons with Disabilities;
Amendment of the Commission’s Rules
Governing Hearing Aid-Compatible
Mobile Handsets et. al., Report and
Order and Order on Reconsideration
(Order). This document is consistent
with the Order, which stated that the
Commission would publish a document
in the Federal Register announcing the
effective date of those rules.
DATES: The additions of §§ 68.501
through 68.504 (subpart F), published at
83 FR 8624, February 28, 2018, are
effective May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Susan Bahr, Disability Rights Office,
Consumer and Governmental Affairs
Bureau, at (202) 418–0573, or email:
Susan.Bahr@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on May 1,
2018, OMB approved, for a period of
three years, the information collection
requirements contained in the
Commission’s Order, FCC 17–135,
published at 83 FR 8624, February 28,
2018. The OMB Control Number is
3060–0687. The Commission publishes
this document as an announcement of
the effective date of the rules. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW, Washington, DC 20554.
Please include the OMB Control
Number, 3060–0687, in your
correspondence. The Commission will
also accept your comments via the
internet if you send them to PRA@
fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (844) 432–2275
(videophone), or (202) 418–0432 (TTY).
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on May 1, 2018,
for the information collection
requirements contained in the
Commission’s rules at §§ 68.501 through
68.504.
Under 5 CFR 1320, an agency may not
conduct or sponsor a collection of
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]]>Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23374-23378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10798]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9978-05-Region 2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Fulton Terminals Superfund
Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Fulton Terminals Superfund site (Site), located in the
City of Fulton, Oswego County, New York, originally consisted of an
``On-Property'' area and an ``Off-Property'' area. The On-Property area
was deleted from the National Priorities List (NPL) in 2015. The Off-
Property area remained on the NPL because residual groundwater
contamination was still present. Because the groundwater in the Off-
Property area has achieved the cleanup levels, the U.S. Environmental
Protection Agency (EPA) is issuing this Notice of Deletion (NOD) of the
Off-Property area from the NPL and requests public comments on this
action.
DATES: This direct final deletion will be effective July 20, 2018
unless the EPA receives adverse comments by June 20, 2018. If adverse
comments are received, the EPA will publish a timely withdrawal of this
direct final NOD in the Federal Register, informing the public that the
deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
Website: https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Mail: To the attention of Christos Tsiamis, Remedial
Project Manager, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor,
New York, NY 10007-1866.
Hand Delivery: Superfund Records Center, 290 Broadway,
18th Floor, 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-
1983-0002.
The 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 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 via email. The https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comments. If you send comments to the 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 website. If you submit electronic
comments, the 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 the EPA cannot read your comments because
of technical difficulties and cannot contact you for clarification, the
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.
All documents in the Docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available Docket materials 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 from 9:00 a.m. to 5:00 p.m., and
Fulton Public Library, 160 South First Street, Fulton, NY 13069, Phone:
315-592-5159, Hours: Tue-Thu: 9:00 a.m.-7:00 p.m., Fri: 9:00 a.m.-5:00
p.m., Sat: 10:00 a.m.-3:00 p.m.
FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project
Manager, Emergency and Remedial Response Division, U.S. Environmental
Protection Agency, 290 Broadway, 20th Floor, New York, NY 10007-1866,
212-637-4257, or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The Site, located in the City of Fulton, Oswego County, New York,
originally consisted of an ``On-Property'' area, an approximately 1.5-
acre parcel of land bounded on the west by First Street, on the south
by Shaw Street, on the east by New York State Route 481 and on the
north by a warehouse, and an ``Off-Property'' area, defined by the area
between the On-Property area's western property boundary to the Oswego
River (approximately 50 feet).
The On-Property area was deleted from the NPL on April 6, 2015 (80
FR 5957). Because residual groundwater contamination (cis-1,2-
dichloroethene [DCE] and vinyl chloride [VC]) was still present at the
Off-Property area, the Off-Property area remained on the NPL, and
[[Page 23375]]
groundwater monitoring and five-year reviews were still required for
this area.
Groundwater samples were collected from the Off-Property area in
July 2016, June 2017, and September 2017, and they were analyzed for
cis-1,2-DCE and VC. The reported concentrations of these constituents
detected in the analyses of these samples were all below the cleanup
levels, with two of the three being ``non-detect'' (meaning
concentrations were below the laboratory detection limits of 0.5
micrograms per liter [[micro]g/L]). Based on an analysis of all the
groundwater monitoring wells and associated contaminant-specific data,
it was concluded that the groundwater remedy has achieved the cleanup
levels selected for the Site, and data analysis indicates that the
contaminant levels in the groundwater will remain below these
standards. Therefore, the EPA has determined that the response action
is completed and that no further groundwater monitoring or five-year
reviews at the Site are necessary.
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
part of the NCP, which the EPA promulgated pursuant to section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended. The 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 Sec. 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.
The EPA and the State of New York, through the New York State
Department of Environmental Conservation (NYSDEC), have determined that
all appropriate response actions under CERCLA have been completed at
the Site and that it no longer poses a threat to public health or the
environment. Therefore, the EPA and NYSDEC have concluded that this NOD
may proceed. However, this deletion does not preclude future actions
under Superfund should future conditions warrant such action.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that the EPA is
using for this action. Section IV discusses the Off-Property area and
demonstrates how it meets the deletion criteria. Section V discusses
the EPA's action to delete the Off-Property area from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that the 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 response or no further response is
appropriate. In making such a determination pursuant to 40 CFR
300.425(e), The 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, the 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. The EPA conducts such five-year reviews even if a site is
deleted from the NPL. The 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 Off-Property
area.
i. The EPA consulted with the State of New York prior to developing
this direct final NOD and the Notice of Intent to Delete (NOID) also
published today in the ``Proposed Rules'' section of the Federal
Register.
ii. The 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, through the NYSDEC, has concurred on the deletion of the
Off-Property area from the NPL.
iii. 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 Palladium-Times. The newspaper notice
announces the 30-day public comment period concerning the NOID
regarding the Off-Property area from the NPL.
iv. The EPA placed copies of documents supporting the proposed
deletion in the Deletion Docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
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 the EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist the 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 Off-Property area from the NPL.
Site Background and History
The Site (NYD980593099), located in the City of Fulton, Oswego
County, New York, originally consisted of a 1.5-acre ``On-Property''
area, which is bounded on the west by First Street, on the south by
Shaw Street, on the east by New York State Route 481, and on the north
by a warehouse, and an ``Off-Property'' area, defined by the area
between the On-Property area's western property boundary to the Oswego
River (approximately 50 feet). The Site is in an industrial section of
the City of Fulton. The Oswego River is used for recreation.
Residences, city and county offices, and several businesses are located
within a 1,500-foot radius of the Site.
From 1936 to 1960, the primary activity on the On-Property area was
the manufacturing of roofing materials, which involved the storage of
asphalt in above-ground tanks and fuel oil storage in underground
tanks. From 1972 to 1977, the property was used by Fulton Terminals,
Inc. as a staging and storage area for solvents and other materials
that were scheduled for incineration at the Pollution Abatement
Services facility located elsewhere in Oswego, New York. Operations at
the Fulton Terminals facility resulted in the contamination of the
groundwater, soil, and sediments with volatile organic compounds
(VOCs).
[[Page 23376]]
From 1981 to 1983, Fulton Terminals, Inc. removed several tanks as
part of a voluntary cleanup program. These activities ceased in 1983
after the facility operator was fined by the NYSDEC for the improper
disposal of polychlorinated biphenyls. The Site was listed on the NPL
in 1983.
The EPA and certain potentially responsible parties (PRPs)
conducted removal activities at the Site in 1986, consisting of
constructing a seven-foot perimeter fence around the Site, posting
warning signs, removing two above-ground tanks and two underground
tanks, removing approximately 300 cubic yards (CY) of visibly-
contaminated soil and tar-like wastes, and excavating storm drains that
were acting as a conduit for contaminated runoff to enter the Oswego
River during storm events. An additional removal action was performed
in 1990, which involved the construction of earthen barriers for the
prevention of surface runoff from the Site.
Remedial Investigation and Feasibility Study Results
From 1985 to 1987, NYSDEC's contractor, URS Company, Inc.,
performed a remedial investigation/feasibility study (RI/FS) at the
Site. The RI/FS report that was generated from these efforts was
declared invalid by NYSDEC because of problems associated with the
laboratory analyses. A revised RI/FS report, based on additional
sampling, was prepared by NYSDEC's contractor in 1988. The EPA
concluded, however, that the revised RI/FS report did not fully
characterize the Site. Accordingly, the EPA performed a supplemental
RI/FS. The conclusions set forth in the supplemental RI/FS, completed
in 1989 by the EPA's contractor, Ebasco Services, Inc., indicated that
various VOCs were present in the unsaturated soil (above the water
table) and in the groundwater at the Site. An Endangerment Assessment
for the Site, which was also completed in 1989, contained conclusions
that minimal human health risks were associated with the existing Site
conditions. However, the supplemental RI/FS process revealed that the
leaching of VOCs from the contaminated on-site soil into the
groundwater posed a risk to the environment.
Record of Decision Findings
On September 29, 1989, a Record of Decision (ROD) was signed, in
which the EPA documented the selection of excavation and low
temperature thermal desorption (LTTD) as the treatment method of
approximately 4,000 CY of contaminated soils located above the water
table, and pumping, air stripping, carbon adsorption, and reinjection
as the treatment method for the contaminated groundwater. The remedy
also included the implementation of institutional controls to prevent
the utilization of the groundwater at the Site. The objective of the
soil remedy was to reduce the concentrations of VOCs in the soils to
levels that would no longer cause the groundwater quality to exceed
groundwater standards because of percolation of precipitation through
the unsaturated soils.
Remedy Implementation
A consent decree was signed by the PRPs in 1990, in which they
agreed to design and implement the remedy called for in the ROD. The
consent decree became effective in 1991.
Soil Remediation
The remedial design (RD) of the soil excavation and treatment was
initiated by Blasland, Bouck & Lee, Inc. (BBL), the contractor for the
PRPs, in 1991.
Pre-RD sampling revealed the presence of a significant amount of
contamination in the deep soil (from the water table down to bedrock).
Because the contaminated soil below the water table would continue to
leach contaminants to the groundwater, the EPA concluded that
remediating this soil would be beneficial to the long-term groundwater
cleanup.
Remedial alternatives to address the contaminated soils below the
water table were evaluated in a focused feasibility study (FFS)
completed by BBL in 1994. The EPA determined that specialized methods
for stabilizing the deep excavation area would be required for the
removal of the contaminated soils because of the excavation depth, the
need for control of groundwater infiltration into the excavation area,
and the proximity of the Site to the Oswego River.
Based on the results of the pre-RD sampling effort and the findings
of the FFS, the EPA modified the soil remedy in a 1994 Explanation of
Significant Differences (ESD). The ESD called for the excavation of the
VOC-contaminated soils in the saturated zone (below the water table),
followed by the treatment of the excavated soils by LTTD.
Following the completion of the plans and specifications related to
the soil remedy in 1995, BBL initiated construction of the soil remedy.
Because of the proximity of the Site to the Oswego River, a ``freeze
wall'' was used, which is a construction process whereby the ground is
frozen at depth to allow the dry excavation of contaminated soils below
the water table. The excavation, treatment, and backfilling were
completed in 1996. The total amount of contaminated source material
that was remediated was 10,200 CY. Post-excavation soil sampling
results indicated that residual levels of VOCs in soils were well below
the target cleanup levels. A Remedial Action Report documenting the
completion of the soil remedy was approved by the EPA on September 30,
1996.
Groundwater Remediation
The groundwater remedy called for in the ROD required the reduction
of VOC concentrations to federal Maximum Contaminant Levels (MCLs) and
New York State's groundwater quality standards by pumping the
groundwater from the saturated sand and gravel zone underlying the
Site, treating the groundwater by air stripping and carbon adsorption,
and reinjecting the water into the saturated sand and gravel zone.
The design of the groundwater remediation was performed from 1991
to 1994. Initiation of the groundwater remedial action was, however,
postponed until all the soil activities at the Site were completed. At
that time, a horizontal extraction well system consisting of a gallery
of perforated piping and a collection manhole was installed at the base
of the excavation. Given the overall effectiveness of the soil remedy,
it was determined that groundwater standards could be achieved within a
relatively short time frame if the groundwater extraction could be
commenced immediately. Utilizing a mobile treatment system, an
expedited pumping of the contaminated groundwater commenced on February
11, 1997. The operation of the groundwater extraction and treatment
system (including groundwater reinjection/surface water discharge), as
well as weekly influent/effluent monitoring conducted during its
operation, was performed by Clean Harbors on behalf of the PRPs. The
system was shut down on May 30, 1997, when sampling data of the
influent indicated that the objectives of the expedited pumping program
had been achieved. During the 12-week operation period, approximately
8.8 million gallons of contaminated groundwater were extracted and
treated. Subsequent groundwater sampling showed that MCLs had been
achieved in the source area, and groundwater modeling indicated that
the Off-Property VOCs would naturally attenuate in a ``reasonable''
time frame (i.e., within 20 to 30 years). Residual subsurface ice from
the freeze wall precluded an
[[Page 23377]]
accurate evaluation of the groundwater remedy performance (the two
downgradient monitoring wells were frozen). Following the forced thaw
of the freeze wall via steam injection by the PRPs in 1998, the
temperature of the groundwater and the concentrations of contaminants
were monitored. Groundwater samples collected in 1999 indicated that
the freeze wall was no longer intact (i.e., the two monitoring wells
were free of ice) and that the contamination levels in these wells were
decreasing. Completion of the groundwater operation and transition to
long-term groundwater monitoring was documented in the September 30,
1999 Remedial Action Report.
Institutional Controls
The remedy included the implementation of institutional controls to
prevent the utilization of the groundwater at the Site. A deed
restriction prohibiting the installation of wells at the Site was filed
with the Oswego County Clerk's office on July 31, 2009. Groundwater has
been remediated to attain drinking water standards. Therefore, this
institutional control is no longer a necessary component of the CERCLA
response action.
Deletion of On-Property Area of Site
On April 6, 2015, the On-Property area was deleted from the NPL.
This deletion addressed all media for this area, namely surface soils,
subsurface soils, and groundwater. Because residual groundwater
contamination remained in the Off-Property area, groundwater monitoring
and five-year reviews were still required for the Off-Property area.
Information supporting the partial deletion of the On-Property area can
be found in the Federal Register (80 FR 5957).
Five-Year Review
Five-year reviews of the Site were performed in September 2004,
June 2009, and May 2014. In the last five-year review, the EPA
concluded that the implemented remedy is protective of human health and
the environment.
Based on the determination that the remedy's cleanup levels for
groundwater have been achieved, no further five-year reviews are
warranted because the Site has achieved unlimited use/unrestricted
exposure. This determination is documented in a December 21, 2017
memorandum from John Prince, Acting Director, Emergency and Remedial
Response Division, EPA Region 2, to James Woolford, Director, Office of
Superfund Remediation and Technology Innovation, entitled Fulton
Terminals Superfund Site (EPA ID# NYD980593099)--Cessation of Five-Year
Reviews.
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 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
For groundwater restoration remedies, the EPA recommends in OSWER
9355.0-129, Guidance for Evaluating Completion of Groundwater
Restoration Remedial Actions, that contaminant of concern (COC)
concentrations be evaluated on a monitoring well-by-monitoring well
basis to assess whether aquifer restoration is complete (i.e., that the
groundwater has met and will continue to meet cleanup levels for all
COCs in the future). The guidance document includes a recommendation
that sufficient data be collected and evaluated using appropriate
visual or statistical methods to assist in this determination.
After completion of the groundwater portion of the remedy in 1999,
a sampling and analysis plan to assess the effectiveness of the
groundwater remedy was completed. The groundwater monitoring well
network included three source-area (i.e., On-Property) monitoring wells
and five Off-Property monitoring wells. The initial plan required three
years of post-remedy groundwater monitoring (March 2000 through
September 2002) to verify the successful performance of the groundwater
remedy. In October 2003, the groundwater long-term monitoring was
extended for an additional three years.
Groundwater samples collected from 2000-2004 showed ``non-detect''
concentrations for all the groundwater COCs in six of the eight
monitoring wells (two Off-Property area wells still had elevated
concentrations of trichloroethylene [TCE], cis-1,2-DCE, and VC). As a
result, sampling at the six monitoring wells was discontinued and they
were properly abandoned in 2004.
As of 2004, the two remaining monitoring wells demonstrated
attainment of the groundwater related to the TCE cleanup level;
however, cis-1,2-DCE and VC concentrations remained above their
respective cleanup levels, though concentration trends were decreasing.
As a result, biannual sampling continued at these two monitoring wells.
In 2006, it was determined that the groundwater had reached cleanup
levels for multiple sampling events in one of the two remaining Off-
Property area monitoring wells. As such, sampling at this well was
discontinued in 2006. Through 2009, biannual sampling continued.
Groundwater in the one remaining monitoring well continued to show cis-
1,2- DCE and VC above their respective cleanup levels. It was
determined that groundwater sampling should continue. Samples were
collected from 2009 to 2017 and were used to demonstrate attainment, as
discussed below.
Cis-1,2-DCE Attainment Analysis
Five data points from 2013 to 2017 were analyzed using both a
visual and statistical analysis. Specific to the groundwater meeting
the cis-1,2-DCE cleanup level of 5 [micro]g/L, a statistical analysis
was conducted, and the EPA concluded that the mean concentration was
3.1 [micro]g/L; however, much like the VC data, because of statistical
variation, the 95 percent upper confidence limit on the mean was 14.1
[micro]g/L. Although the upper confidence limit was three times the
cleanup level, the last three data points collected in 2016 and 2017
were all below the cleanup level, with two of the three being ``non-
detect'' (below the laboratory detection limit of 0.5 [micro]g/L) As
such, it was determined that the data provided assurance that the
cleanup level for cis-1,2-DCE had been met in this monitoring well.
The data was also evaluated using a time-dependent trend. The trend
for the five data points had a statistically significant decreasing
sloping providing assurance that the groundwater will continue to meet
the cleanup level.
VC Attainment Analysis
Six data points from 2009 through 2017 were analyzed using both a
visual and statistical analysis. Specific to the groundwater meeting
the VC cleanup level of 2 [micro]g/L, a statistical analysis was
conducted for the six data points, and the EPA concluded that the mean
concentration was 1.2 [micro]g/L; however, because of statistical
variation, the 95 percent upper confidence limit on the mean was 2.8
[micro]g/L, slightly above the cleanup level of 2 [micro]g/L. Although
the upper confidence limit was slightly above 2 [micro]g/L, the last
three data points collected in 2016 and 2017 are all below the cleanup
level, with two of the three being ``non-detect'' (below the
[[Page 23378]]
laboratory detection limit of 0.5 [micro]g/L). As such, it was
determined that the data provided assurance that the cleanup level for
VC had been met in this monitoring well.
The data was also evaluated using a time-dependent trend. The trend
for the six data points had a statistically significant decreasing
slope providing assurance that the groundwater will continue to meet
the cleanup level.
Conclusion
Based on this analysis of all groundwater monitoring wells and
associated contaminant-specific data, it has been concluded that the
groundwater remedy has achieved the remedial cleanup levels, and data
analysis indicates that the groundwater will remain below these
standards. Therefore, the groundwater restoration remedial action is
complete in accordance with the remedy, and further groundwater
monitoring at the Site is no longer necessary.
All the completion requirements for the Off-Property area have been
met, as described in the December 28, 2017 Final Close-Out Report. The
State of New York, in a March 7, 2018 letter, concurred with the
proposed deletion of the Site from the NPL.
The NCP specifies that the EPA may delete a site from the NPL if
``responsible parties or other persons have implemented all appropriate
response actions required.'' 40 CFR 300.425(e)(1)(i). The 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 the
Site no longer poses a threat to public health or the environment.
Consequently, the EPA is deleting the Site from the NPL. Documents
supporting this action are available in the Site files.
V. Deletion Action
The EPA, with the concurrence of the State of New York through
NYSDEC, has determined that all appropriate responses under CERCLA have
been completed at the Site and that it no longer poses a threat to
public health or the environment. Therefore, the EPA is deleting the
Site from the NPL.
The Site is now suitable for unlimited use and unrestricted
exposure. Therefore, no further five-year reviews will be conducted for
this Site. The deletion does not preclude future action under CERCLA.
Because the EPA considers this action to be noncontroversial and
routine, the EPA is taking this action without prior publication. This
action will be effective July 20, 2018 unless the EPA receives adverse
comments by June 20, 2018. If adverse comments are received within the
30-day public comment period of this action, the 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. The EPA will
prepare a response to comments and continue with the deletion process
based on 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 substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: April 19, 2018.
Peter D. Lopez,
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
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(d); 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.
Appendix B to Part 300 [Amended]
0
2. Table 1 of appendix B to part 300 is amended by removing the listing
under New York for ``Fulton Terminals''.
[FR Doc. 2018-10798 Filed 5-18-18; 8:45 am]
BILLING CODE 6560-50-P
