National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Robintech, Inc./National Pipe Co. Superfund Site, 8989-8994 [2019-04511]
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Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Rules and Regulations
proposed authorization of the State of
Oklahoma hazardous waste
management program, EPA is granting
final authorization of the state’s
program. EPA retains its authority under
RCRA sections 3007, 3008, 3013 and
7003 which include, among others,
authority to: (1) Take enforcement
actions regardless of whether the state
has taken its own action, (2) enforce
RCRA requirements and suspend or
revoke permits; and (3) perform
inspections, and require monitoring,
tests, analyses or reports.
IV. What is codification and is the EPA
codifying Oklahoma’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulation (CFR). We do this
by referencing the authorized State rules
in 40 CFR part 272. We reserve the
amendment of 40 CFR part 272 subpart
LL for this authorization of Oklahoma’s
program changes until a later date. In
this authorization application, the EPA
is not codifying the rules documented in
this Federal Register action.
V. Administrative Requirements
This final authorization revises
Oklahoma’s authorized hazardous waste
management program pursuant to RCRA
section 3006 and imposes no
requirements other than those currently
imposed by state law. For further
information on how this authorization
complies with applicable executive
orders and statutory provisions, please
see the proposed rulemaking published
in the Federal Register (83 FR 49900,
October 3, 2018).
List of Subjects in 40 CFR Part 271
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Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 7, 2019.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2019–04645 Filed 3–12–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–9990–
15–Region 2]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Robintech, Inc./National
Pipe Co. Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Robintech, Inc./National
Pipe Co. Superfund site (Site), located
in the Town of Vestal, New York,
includes an approximately 12.7-acre
parcel of property (hereinafter,
‘‘Property’’) and areas affected by the
release or threat of release of hazardous
substances to the west of the Property
(hereinafter, ‘‘Off-Property’’). This direct
final partial deletion is being published
by the Environmental Protection Agency
(EPA), with the concurrence of the New
York State Department of
Environmental Conservation (NYSDEC).
Because no further response actions
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA), other than groundwater
monitoring, periodic IC verification, and
five-year reviews, as well as O&M
activities, as necessary, are needed for
the Property’s overburden soil,
overburden groundwater, and an
approximately 9.7-acre portion of the
bedrock aquifer underlying the Property
(hereinafter, collectively referred to as
‘‘Proposed Deleted Portion of the
Property’’), EPA is issuing this Notice of
Partial Deletion (NOPD) of this Site area
from the National Priorities List (NPL)
and requests public comments on this
proposed action. However, this partial
deletion does not preclude future
actions under Superfund. The
overburden and bedrock aquifers in the
Off-Property area, and the remaining
portion of the bedrock aquifer
underlying the Property, will remain on
the NPL and are not part of this deletion
action.
DATES: This direct final partial deletion
will be effective May 13, 2019 unless
EPA receives adverse comments by
April 12, 2019. If adverse comments are
received, EPA will publish a timely
withdrawal of this direct final NOPD in
the Federal Register, informing the
public that the partial deletion will not
take effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SUMMARY:
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8989
SFUND–1986–0005, 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: granger.mark@epa.gov.
• Mail: To the attention of Mark
Granger, 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–1986–
0005. The https://www.regulations.gov
website 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 website. 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
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avoid the use of special characters and
any form of encryption and should be
free of any defects or viruses.
Docket: All documents in the Docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly-available Docket
materials 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, Telephone: 212–
637–4308, Hours: Monday to Friday
from 9:00 a.m. to 5:00 p.m.
and
Town of Vestal Public Library, 320
Vestal Parkway East, Vestal, NY
13850, Telephone: (607) 754–4244,
Hours: Mon.: 2:00 p.m.–8:00 p.m.,
Tue–Thu: 9:00 a.m.–8:00 p.m., Fri:
9:00 a.m.–5:00 p.m., Sat: 10:00 a.m.–
2:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Mark Granger, Remedial Project
Manager, 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 212–637–3351; or email at
granger.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The Property at the Site contains a
two-story commercial building and a
warehouse and is bounded on the west
by an amusement facility and fuel
storage tanks, on the south by Old
Vestal Road, on the east by Commerce
Road, and on the north by railroad
tracks. The Off-Property area extends
westward toward the Susquehanna
River, which is located approximately
2,500 feet from the Property.
EPA and the State of New York,
through NYSDEC, have determined that
no further response action under
CERCLA is needed for the Proposed
Deleted Portion of the Property, as
defined above, and is proposing to
delete this portion of the Site from the
NPL. See the above-referenced docket
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for more information, including a figure
of the Proposed Deleted Portion of the
Property.
An approximately three-acre portion
of the bedrock aquifer underlying the
Property, bounded to the east by the
western walls of the warehouse and
former manufacturing building, to the
south and west by the Property line, and
to the north by a line extending from the
northwest corner of the warehouse to
the western property line (hereinafter,
‘‘Retained Portion of the Property’’), as
well as the overburden and bedrock
aquifers in the Off-Property area, would
remain on the NPL.
The NPL constitutes appendix B of 40
CFR part 300, which is the National Oil
and Hazardous Substances Pollution
Contingency Plan, 40 CFR part 300
(NCP), which EPA promulgated
pursuant to Section 105 of CERCLA, 42
U.S.C. 9605. 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).
This partial deletion of the Proposed
Deleted Portion of the Property is
proposed in accordance with 40 CFR
300.425(e) and is consistent with the
Notice of Policy Change: Partial
Deletion of Sites Listed on NPL. 60 FR
55466 (Nov. 1, 1995). As described in
§ 300.425(e)(3) of the NCP, and as
clarified in 60 FR 55466, a site (or
portion thereof) deleted from the NPL
remains eligible for Fund-financed
remedial action if future conditions at
the site warrant such actions.
EPA Region 2 is publishing this direct
final NOPD to remove the Proposed
Deleted Portion of the Property from the
NPL.
Section II of this document explains
the criteria for deleting sites (or portions
thereof) from the NPL. Section III
discusses procedures that EPA is using
for this action. Section IV demonstrates
how the deletion criteria have been met.
Section V discusses EPA’s action to
delete the Property’s overburden soil
and overburden groundwater and an
approximately 9.7-acre portion of the
bedrock aquifer underlying the Property
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
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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 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),
42 U.S.C. 9621(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 Proposed Deleted Portion
of the Property:
(1) EPA consulted with the State of
New York prior to developing this direct
final NOPD and the Notice of Intent to
Partially Delete (NOIPD) also published
in the ‘‘Proposed Rules’’ section of this
issue of the Federal Register.
(2) EPA has provided the State 30
working days for review of this NOPD
and the parallel NOIPD prior to their
publication today, and the State,
through the NYSDEC, has concurred on
the partial deletion of a portion of the
Site from the NPL.
(3) Concurrent with the publication of
this direct final NOPD, a notice of the
availability of the parallel NOIPD is
being published in a major local
newspaper, the Press and Sun Bulletin.
The newspaper notice announces the
30-day public comment period
concerning the NOIPD of the Proposed
Deleted Portion of the Property from the
NPL.
(4) EPA placed copies of documents
supporting the proposed partial deletion
in the Docket and made these items
available for public inspection and
copying at the Site information
repositories identified above.
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(5) If adverse comments are received
within the 30-day public comment
period on this partial deletion action,
EPA will publish a timely notice of
withdrawal of this direct final NOPD
before its effective date and will prepare
a response to comments and, if
appropriate, continue with the deletion
process based on the NOIPD and the
comments received.
Deletion of a site (or portion thereof)
from the NPL does not itself create,
alter, or revoke any individual’s rights
or obligations. Deletion of a site (or
portion thereof) from the NPL does not
in any way alter EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist
EPA’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 Partial Site Deletion
The following information provides
the Agency’s rationale for deleting the
Proposed Deleted Portion of the
Property from the NPL.
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Site Background and History
The Site (NYD002232957) is in Vestal,
a regionally important industrial center
adjacent to Binghamton, New York in
the Susquehanna River basin. The
Property, which occupies approximately
12.7 acres, is bordered by Commerce
Road and several warehouses and light
industrial buildings to the east, Old
Vestal Road and several residences to
the south, an amusement facility and
fuel storage tanks to the west, and
railroad tracks to the north.
The Property and the area
downgradient (i.e., to the west) of the
Property is zoned industrial/
commercial. With the strong presence of
commercial and industrial
infrastructure, future land use is
anticipated to remain industrial/
commercial.
The Property is located approximately
half-way down the westerly face of a
hill that slopes gently toward the
Susquehanna River. Consistent with
this, EPA field observations and
examination of topographic contours
indicate that the overland flow of
surface water across the Property is to
the west, controlled by a series of
conduits and drainage ditches which
direct the flow to the river, located
approximately a half mile to the north
and west. The area where the Site is
located is not known to contain or
impact any ecologically-significant
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habitat, wetlands, agricultural land, or
historic or landmark sites.
The area has two distinct groundwater
aquifers. The upper or overburden
aquifer is comprised of material
consisting mainly of till and is
approximately 20 to 40 feet thick. In
addition, fill material associated with
extensive grading on-Site for storage and
parking spaces ranges from zero to six
feet in thickness. Groundwater is
encountered within the upper aquifer
unit six to twenty feet below ground
surface (bgs). The lower or bedrock
aquifer consists of shale with a
weathered zone seven- to ten-feet thick.
The primary permeability of this
material is low, but the secondary
permeability is much higher. Fractures
along the horizontal bedding planes and
vertical joints in the shale allow for
groundwater flow.
Groundwater flow in the vicinity of
the Site is primarily toward the west
and northwest. There are no private
drinking water wells in the vicinity of
the Site. All residents are supplied with
drinking water by the Vestal municipal
well fields. One of these well fields is
located downgradient of the Site near
the river. None of the wells in the Vestal
well fields are affected by Site-related
contamination.
Remedial Investigation and Feasibility
Study
Eight groundwater extraction wells
were drilled on-Site between 1983 and
1984 by former Site owner/operators.
These six-inch diameter wells were
installed with steel casing through the
till overburden formation and then
finished as open bedrock holes to an
average depth of 300 feet bgs. The wells
provided cooling water for the operators
of a pipe-production process, which was
then discharged to surface water at a
permitted effluent-discharge point. An
effluent sample collected at the Site by
NYSDEC in 1984 to verify dischargepermit compliance found volatile
organic compounds (VOCs) that were
not covered under the permit. Further
investigations resulted in the conclusion
that the contamination was coming from
the bedrock groundwater beneath the
Site. NYSDEC also determined that
there were soil source areas in the
overburden affecting groundwater in
both the overburden and bedrock
geologic units.
Sampling was conducted by EPA in
1985 to evaluate the Site for inclusion
on the NPL. Groundwater monitoring
revealed elevated concentrations of
VOCs in the overburden soil and
bedrock groundwater. Based on the
results of this monitoring, the Site was
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8991
placed on the NPL in June 1986 (51 FR
21054).
Following the listing of the Site on the
NPL in 1986, a remedial investigation
(RI) was performed. The RI revealed
numerous VOCs in the overburden and
bedrock groundwater and in overburden
soils. The RI report, along with a
human-health risk assessment (HHRA)
and a feasibility study (FS) report, was
completed in 1991.
The HHRA concluded that an
unacceptable risk existed for
hypothetical future residents’
consumption of groundwater, driven
primarily by VOCs. The hypothetical
future use of both the overburden and
bedrock aquifers for drinking-water
purposes resulted in unacceptable risk.
The ecological risk assessment
concluded that no habitats or species of
special concern would likely be affected
by Site-related contaminants.
Selected Remedy
Following the completion of the RI/
FS, a record of decision (ROD) was
signed in March 1992 (1992 ROD). The
1992 ROD, also referred to as the
Operable Unit One (OU1) ROD,
addressed contamination present in the
overburden and bedrock aquifers by
extraction and treatment via air
stripping. The remedial action
objectives (RAOs) specified in the 1992
ROD were:
• Restore the aquifer as a potential
source of drinking water by reducing
contaminant levels to below the New
York State and Federal Maximum
Contaminant Levels (MCLs). See Table
1, below.
• Reduce or eliminate the potential
for off-Site migration of contaminants.
TABLE 1
VOC
1,1,1-Trichloroethane ............
1,1-Dichloroethane ...............
Trichloroethene .....................
1,1-Dichloroethene ...............
trans-1,2-Dichloroethene ......
cis-1,2-Dichloroethene ..........
Cleanup goal
from 1992
ROD (ppb)
5.0
5.0
5.0
5.0
5.0
5.0
The 1992 ROD remedy included the
extraction and treatment via air
stripping of contaminated bedrock and
overburden groundwater.
An investigation to assess suspected
elevated lead concentrations in Site soil
and sediment did not reveal elevated
lead concentrations in any Site media.
Accordingly, a no action ROD for these
soils and sediments was signed in
March 1993.
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The results of a preliminary remedial
design (RD) investigation indicated that
overburden groundwater and subsurface
soils were contaminated at levels much
greater than those detected during prior
investigations; the contaminated
subsurface soils were subsequently
determined to be source areas. In
addition, the pre-RD investigation
concluded that the overburdenformation till was of relatively lowpermeability with an extremely-low
groundwater yield. Therefore, the
extraction of contaminated groundwater
from the overburden (the remedy
selected for the overburden in the 1992
ROD) was determined not to be feasible.
An alternative approach to address
the contaminated groundwater was
determined to be necessary. In addition,
EPA determined that the source areas in
the overburden soil needed to be
addressed. A ROD was signed in July
1997 (1997 ROD or OU3 ROD) which
addressed source contamination present
above and below the water table in the
overburden in three areas of the Site.
Additionally, based on the tight
overburden formation, resulting in
extremely low groundwater yields
(approximately 0.1 gallon per minute),
consistent with EPA and New York
State guidance, the overburden aquifer
is not usable. Therefore, the 1997 ROD
also concluded that Federal and state
MCLs are not applicable with respect to
the overburden aquifer. As the bedrock
aquifer is usable, Federal and state
MCLs remain applicable with respect to
that aquifer.
The RAOs specified in the 1997 ROD
were:
• Mitigate the potential for
contaminants to migrate from the soil
into the overburden aquifer and reduce
soil contamination to meet the soil
cleanup objectives identified in
NYSDEC’s Technical and
Administrative Guidance Memorandum
No. 94–HWR–4046, January 1994.
• mitigate the potential for
contaminants to migrate from the
overburden aquifer into the bedrock
aquifer.
• reduce or eliminate the threat to
public health and the environment
posed by groundwater contamination by
remediating groundwater to MCLs for
VOCs.
• reduce or eliminate the potential for
off-Site migration of contaminants.
The 1997 ROD included the
excavation of unsaturated- and
saturated-overburden soils in three areas
of the Site and treatment of VOCs using
low-temperature thermal desorption; the
extraction of contaminated groundwater
from the bedrock aquifer through the
existing production-well network until
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MCLs are achieved; remediation of
contaminated overburden groundwater
through natural attenuation processes,
including chemical degradation,
dilution, and dispersion, at the Property
and in downgradient areas.
In August 2018, an Explanation of
Significant Differences (ESD) was issued
to document EPA’s determination to
incorporate into the remedy an
institutional control to address the
potential for vapor intrusion should the
occupancy of the Property buildings
change in the future or if there is new
construction in Property or Off-Property
areas.
Remedy Implementation
Negotiations between EPA and a
group of potentially responsible parties
(hereinafter, PRP Group) resulted in an
agreement embodied in an October 1998
Consent Decree to implement the RD,
construction, and operation and
maintenance (O&M) of the remedy
selected in the 1997 ROD.
Soil Remediation
The RD of the soil source-removal
excavation and treatment was initiated
in 1999 by Vertex Engineering Service,
Inc. (Vertex), the contractor for the PRP
Group. Following the completion of the
plans and specifications, Vertex
initiated the implementation of the soil
remedy. The excavation, treatment, and
backfilling of more than 10,000 cubic
yards of VOC-contaminated soil was
performed from 2000 to 2001. Postexcavation soil sampling results
indicated that residual levels of VOCs in
soils were below the target cleanup
levels.
Groundwater Remediation
The 1997 ROD formalized a remedial
strategy to address the source areas and
groundwater in the overburden and
provided for the continued extraction
and treatment of contaminated bedrock
groundwater using the existing
production wells. After eliminating a
conduit of contamination from the
overburden into the bedrock by sealing
one of the production wells in 1996, the
rebuilding and upgrade of the existing
bedrock extraction wells was completed
in 2001. This work included installing
new pumps, piping, wiring, and
instrumentation for the existing
production-well system. A combination
of logistical circumstances, primarily,
the decision by the operator of the
Property to discontinue the use of the
extracted groundwater as cooling water
in its pipe manufacturing process
resulted in the system being shut down
in 2003. In 2005, after the completion of
negotiations between EPA, the PRP
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Group, and the property owner, carbon
treatment was added to the bedrockgroundwater extraction and treatment
system, and operation of the system
resumed. The Property owner operated
the system on behalf of the PRP Group
until May 2014, when the system,
which had treated the groundwater to
asymptotic levels above the MCLs,
became inoperable. EPA is currently
investigating alternatives to the
extraction and treatment of the bedrock
groundwater in the Retained Portion of
the Property.
Monitoring
To monitor the effect of both the
overburden-soil source removal and the
ten years of bedrock-groundwater
extraction and treatment, long-term
groundwater monitoring in both the
overburden and bedrock aquifers is
being performed annually. As noted
above, because of the tight overburden
formation, resulting in extremely-low
groundwater yields, the overburden
aquifer is not usable. Therefore,
pursuant to the 1997 ROD, Federal and
state groundwater standards are not
applicable with respect to the
overburden aquifer. With respect to the
bedrock aquifer, groundwater VOC
contaminant levels are below the 1997
ROD-specified Federal and state MCLs
for Site-related constituents within the
area of the Proposed Deleted Portion of
the Property (see Table 2, below).
TABLE 2—1990 TO PRESENT
Bedrock well number
PW–9 ....................................
MW–3A .................................
MW–4A .................................
MW–13A ...............................
MW–15A ...............................
Total VOCs
ND
ND
ND
ND
ND
O&M for the bedrock-groundwater
extraction-and-treatment system
component of OU1 began in 2005. Per
the O&M Manual, O&M for OU1
included inspection/maintenance
procedures, schedules for proper
operation, and influent and effluent
monitoring to evaluate remedy
performance. O&M of the system
continued through 2014, at which point
the system became inoperable and was
turned off to explore alternatives to the
extraction and treatment of the bedrock
groundwater. The long-term monitoring
components of the overburden (OU3)
and bedrock (OU1) aquifers began in
2001 and has continued since that time.
Institutional Controls
With respect to institutional controls
(ICs), the 1997 ROD called for the
implementation of ICs to restrict the
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installation and use of groundwater
wells at and downgradient of the
Property until groundwater quality has
been restored. The on-Property ICs were
implemented through a March 2006
Declaration of Easements, Covenants
and Restrictions (‘‘deed restriction’’) for
the Property. As noted above, in August
2018 an ESD was issued to document
EPA’s determination to incorporate into
the remedy an IC relating to vapor
intrusion; toward this end, the Town of
Vestal has agreed to notify EPA when
there is a change in use relative to the
Property and Off-Property areas.
With respect to areas downgradient of
the Property, drinking water is provided
by public supplies for the entire town.
Town of Vestal code sec. 24–73.d
requires all development (residential,
commercial, industrial, etc.) to connect
to the public drinking-water supply
system in all areas of the Town where
the public supply is available. The
Property and the plume downgradient
of the Property are in an area where the
public drinking-water supply system is
available. Further, the installation of
any other groundwater-withdrawal well
is restricted within areas of the Town
designated as an ‘‘aquifer district’’
(Town of Vestal code sec. 23–518.a-c).
The Property and the plume area
downgradient of the Property are
located within an ‘‘aquifer district.’’
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Five-Year Review
Contamination remains in the
groundwater underlying the Property
and in Off-Property areas above levels
that would allow for unlimited use and
unrestricted exposure. Therefore,
pursuant to CERCLA Section 121(c),
EPA is required to conduct a review of
the remedy at least once every five
years. Five-year reviews were conducted
in 2006, 2011, and 2016. While the most
recent five-year review concluded that
there are no completed exposure
pathways, a short-term protectiveness
finding was made for the Site in light of
recommendations that more information
was needed relative to the off-Property
overburden groundwater and the
evaluation of alternatives to the existing
extraction and treatment of bedrock
groundwater remedy needed to be
completed. Neither of these
recommendations relate to the Proposed
Deleted Portion of the Property.
The next five-year review is
scheduled for 2021.
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 three remedy selection
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processes, the public was invited to
comment on the proposed remedies. 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 a Portion of the Site
Meets the Criteria for Deletion from the
NPL
Because of the tight overburden
formation, resulting in extremely-low
groundwater yields, the overburden
aquifer is not usable. Therefore, as
reflected in the 1997 ROD, Federal and
state MCLs are not applicable with
respect to the overburden aquifer.
Because of the completion of all
appropriate response actions in the
overburden soil and overburden
groundwater on the Property and
because the bedrock aquifer underlying
the Property outside the Retained
Portion of the Property is not
contaminated, and because there are
appropriate institutional controls in
place, EPA and NYSDEC have
determined that these areas no longer
pose a threat to public health or the
environment. EPA and NYSDEC have
concluded that this NOPD, which
pertains only to the Proposed Deleted
Portion of the Property, may proceed.
The Retained Portion of the Property
will remain on the NPL, as well as the
Off-Property portions of the Site’s
overburden and bedrock aquifers.
Because contamination remains in both
the Property and Off-Property
overburden and bedrock groundwater,
groundwater monitoring, periodic IC
verification, and five-year reviews will
still be required, as will O&M activities,
as necessary.
All the completion requirements for
the Proposed Deleted Portion of the
Property have been met, as described in
the September 2001 soil Remedial
Action Report, the September 2001
Preliminary Close-Out Report, and the
2006, 2011, and 2016 five-year review
reports. The implemented remedy has
achieved the degree of cleanup or
protection specified in the OU1 and
OU3 RODs for the Proposed Deleted
Portion of the Property. The selected
remedial action objectives and
associated cleanup levels for the
Proposed Deleted Portion of the
Property are consistent with EPA policy
and guidance. No further Superfund
response for the Proposed Deleted
Portion of the Property is needed to
protect human health and the
environment. The State of New York, in
an August 9, 2018 letter from the
NYSDEC, concurred with the proposed
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8993
partial deletion of the Proposed Deleted
Portion of the Property from the NPL.
The NCP specifies that EPA may
delete a site from the NPL if all
appropriate response under CERCLA
has been implemented and no further
response action 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
Proposed Deleted Portion of the
Property has been met in that the soil on
and the groundwater beneath the
Proposed Deleted Portion of the
Property no longer pose a threat to
public health or the environment.
Consequently, EPA is deleting the
Proposed Deleted Portion of the
Property from the NPL. Documents
supporting this action are available in
the Docket.
V. Deletion Action
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 Proposed Deleted
Portion of the Property and that these
media no longer pose a threat to public
health or the environment. Therefore,
EPA is deleting the Proposed Deleted
Portion of the Property from the NPL.
An approximately three-acre portion of
the southwest On-Property bedrock
aquifer (west of the former
manufacturing building and warehouse
and south of this area to Old Vestal
Road) will remain on the NPL, as will
the Off-Property portion of the Site’s
overburden and bedrock aquifers.
Because contamination remains in both
On-Property and Off-Property
overburden and bedrock groundwater,
groundwater monitoring and five-year
reviews will still be required, as will
O&M activities, as necessary. The partial
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 May 13, 2019 unless
EPA receives adverse comments by
April 12, 2019. 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 NOPD before the effective
date of the partial deletion and the
deletion will not take effect. EPA will
prepare a response to comments and, if
no comments were received which
warrant a change in EPA’s decision with
respect to the partial deletion, EPA will
continue with the deletion process on
the basis of the NOIPD and the
comments received. In such a case,
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Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Rules and Regulations
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: October 18, 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:
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.
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
2. Table 1 of appendix B to part 300
is amended by revising the entry for
‘‘NY’’, ‘‘Robintech, Inc./National Pipe
Co.’’, ‘‘Town of Vestal’’ to read as
follows:
1. The authority citation for part 300
continues to read as follows:
Appendix B to Part 300—National
Priorities List
■
■
TABLE 1—GENERAL SUPERFUND SECTION
State
Site name
City/County
*
NY .....................
*
*
*
Robintech, Inc./National Pipe Co. ........................................................
*
*
Town of Vestal ..............................
*
*
*
(a) * * *
*
*
*
*
*
*P = Sites with partial deletion(s).
*
*
*
*
*
Editorial note: This document was
received for publication by the Office of the
Federal Register on March 7, 2019.
[FR Doc. 2019–04511 Filed 3–12–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 3
[IB Docket No. 98–96; FCC 18–186]
1998 Biennial Regulatory Review—
Withdrawal of the Commission as an
Accounting Authority in the Maritime
Mobile and Maritime Mobile-Satellite
Radio Services
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(‘‘Commission’’ or ‘‘FCC’’) instructs
Commission staff to, within 120 days,
consult with Federal stakeholders,
including the United States Coast Guard
(Coast Guard), and to work with service
providers to finalize and announce a
plan to transition the functions and
duties performed by the Commission as
an accounting authority for those
customers in the maritime mobile and
maritime mobile-satellite radio services
that have not otherwise designated any
such accounting authority. In the
Second Report and Order, the
Commission provides a substantial
amozie on DSK9F9SC42PROD with RULES
SUMMARY:
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16:11 Mar 12, 2019
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*
*
transition period of up to one year
following announcement of the
transition plan to ensure an orderly
transfer of the Commission’s accounting
authority duties to private authorities.
DATES: Effective April 12, 2019.
FOR FURTHER INFORMATION CONTACT:
Dana Shaffer, Deputy Bureau Chief and
Chief of Staff, Wireless
Telecommunications Bureau, (202) 418–
0832, email Dana.Shaffer@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order, IB Docket No. 98–96;
FCC 18–186, adopted December 18,
2018 and released December 21, 2018.
The full text of this document is
available for inspection and copying
during business hours in the FCC
Reference Information Center, Portals II,
445 12th Street SW, Room CY–A257,
Washington, DC 20554. Copies may be
obtained via the Commission’s
Electronic Comment Filing System by
entering the IB docket number 98–96
and is available on the FCC’s website at
https://www.fcc.gov.
Synopsis
I. Second Report and Order
1. In the Second Report and Order,
the Commission adopts a proposal to
transition the functions and duties
performed by the FCC as an accounting
authority. The Commission refers to this
default function as the accounting
authority of last resort, and it finds that
the public interest would be better
served by relying upon private
accounting authorities to perform the
accounting authority of last resort
function. The Commission notes that
such private authorities are certified
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*
Notes (a)
*
P
*
under part 3 of the Commission’s rules
and operate under the Commission’s
regulatory oversight.
2. The Commission concludes that the
record in the proceeding supports a
renewed decision to withdraw as the
accounting authority of last resort and to
provide users with a definitive
timeframe within which to transition to
a new accounting authority of their
choosing. All commenters supported the
Commission’s proposal to withdraw
completely as an accounting authority.
The unanimous support is a change
from 1999, and it reflects that, in 2018,
not only are there sufficient private
accounting authorities available to settle
accounts, but there also has been a
significant reduction in reliance on the
FCC as an accounting authority. Given
this reduction in reliance on the FCC
and the reduced volume of customers
who may be affected when the
Commission withdraws as accounting
authority, as well as the presence of a
functioning market for this service that
will mitigate the adverse impact of the
FCC’s withdrawal, the Commission
finds that the best alternative is for its
withdrawal as an accounting authority.
The Commission continues to believe
that it remains the basic responsibility
of the user, whether a private or
governmental entity, to designate an
accounting authority to handle its calls.
3. The Commission is not persuaded
that it should name COMSAT as the
default accounting authority of last
resort. No party other than COMSAT
urged the FCC to take such a step; in
fact, other commenters, notably the
Coast Guard, supported the
Commission’s proposal to require users
to select a new accounting authority,
E:\FR\FM\13MRR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8989-8994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04511]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9990-15-Region 2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Robintech, Inc./
National Pipe Co. Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Robintech, Inc./National Pipe Co. Superfund site (Site),
located in the Town of Vestal, New York, includes an approximately
12.7-acre parcel of property (hereinafter, ``Property'') and areas
affected by the release or threat of release of hazardous substances to
the west of the Property (hereinafter, ``Off-Property''). This direct
final partial deletion is being published by the Environmental
Protection Agency (EPA), with the concurrence of the New York State
Department of Environmental Conservation (NYSDEC). Because no further
response actions under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), other than groundwater
monitoring, periodic IC verification, and five-year reviews, as well as
O&M activities, as necessary, are needed for the Property's overburden
soil, overburden groundwater, and an approximately 9.7-acre portion of
the bedrock aquifer underlying the Property (hereinafter, collectively
referred to as ``Proposed Deleted Portion of the Property''), EPA is
issuing this Notice of Partial Deletion (NOPD) of this Site area from
the National Priorities List (NPL) and requests public comments on this
proposed action. However, this partial deletion does not preclude
future actions under Superfund. The overburden and bedrock aquifers in
the Off-Property area, and the remaining portion of the bedrock aquifer
underlying the Property, will remain on the NPL and are not part of
this deletion action.
DATES: This direct final partial deletion will be effective May 13,
2019 unless EPA receives adverse comments by April 12, 2019. If adverse
comments are received, EPA will publish a timely withdrawal of this
direct final NOPD in the Federal Register, informing the public that
the partial deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
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: granger.mark@epa.gov.
Mail: To the attention of Mark Granger, 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-
1986-0005. The https://www.regulations.gov website 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 website. 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
[[Page 8990]]
avoid the use of special characters and any form of encryption and
should be free of any defects or viruses.
Docket: All documents in the Docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available Docket materials 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, Telephone:
212-637-4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m.
and
Town of Vestal Public Library, 320 Vestal Parkway East, Vestal, NY
13850, Telephone: (607) 754-4244, Hours: Mon.: 2:00 p.m.-8:00 p.m.,
Tue-Thu: 9:00 a.m.-8:00 p.m., Fri: 9:00 a.m.-5:00 p.m., Sat: 10:00
a.m.-2:00 p.m.
FOR FURTHER INFORMATION CONTACT: Mark Granger, Remedial Project
Manager, 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 212-637-3351; or email at
granger.mark@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 Property at the Site contains a two-story commercial building
and a warehouse and is bounded on the west by an amusement facility and
fuel storage tanks, on the south by Old Vestal Road, on the east by
Commerce Road, and on the north by railroad tracks. The Off-Property
area extends westward toward the Susquehanna River, which is located
approximately 2,500 feet from the Property.
EPA and the State of New York, through NYSDEC, have determined that
no further response action under CERCLA is needed for the Proposed
Deleted Portion of the Property, as defined above, and is proposing to
delete this portion of the Site from the NPL. See the above-referenced
docket for more information, including a figure of the Proposed Deleted
Portion of the Property.
An approximately three-acre portion of the bedrock aquifer
underlying the Property, bounded to the east by the western walls of
the warehouse and former manufacturing building, to the south and west
by the Property line, and to the north by a line extending from the
northwest corner of the warehouse to the western property line
(hereinafter, ``Retained Portion of the Property''), as well as the
overburden and bedrock aquifers in the Off-Property area, would remain
on the NPL.
The NPL constitutes appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan, 40
CFR part 300 (NCP), which EPA promulgated pursuant to Section 105 of
CERCLA, 42 U.S.C. 9605. 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). This
partial deletion of the Proposed Deleted Portion of the Property is
proposed in accordance with 40 CFR 300.425(e) and is consistent with
the Notice of Policy Change: Partial Deletion of Sites Listed on NPL.
60 FR 55466 (Nov. 1, 1995). As described in Sec. 300.425(e)(3) of the
NCP, and as clarified in 60 FR 55466, a site (or portion thereof)
deleted from the NPL remains eligible for Fund-financed remedial action
if future conditions at the site warrant such actions.
EPA Region 2 is publishing this direct final NOPD to remove the
Proposed Deleted Portion of the Property from the NPL.
Section II of this document explains the criteria for deleting
sites (or portions thereof) from the NPL. Section III discusses
procedures that EPA is using for this action. Section IV demonstrates
how the deletion criteria have been met. Section V discusses EPA's
action to delete the Property's overburden soil and overburden
groundwater and an approximately 9.7-acre portion of the bedrock
aquifer underlying the Property 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 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), 42 U.S.C. 9621(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 Proposed
Deleted Portion of the Property:
(1) EPA consulted with the State of New York prior to developing
this direct final NOPD and the Notice of Intent to Partially Delete
(NOIPD) also published in the ``Proposed Rules'' section of this issue
of the Federal Register.
(2) EPA has provided the State 30 working days for review of this
NOPD and the parallel NOIPD prior to their publication today, and the
State, through the NYSDEC, has concurred on the partial deletion of a
portion of the Site from the NPL.
(3) Concurrent with the publication of this direct final NOPD, a
notice of the availability of the parallel NOIPD is being published in
a major local newspaper, the Press and Sun Bulletin. The newspaper
notice announces the 30-day public comment period concerning the NOIPD
of the Proposed Deleted Portion of the Property from the NPL.
(4) EPA placed copies of documents supporting the proposed partial
deletion in the Docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
[[Page 8991]]
(5) If adverse comments are received within the 30-day public
comment period on this partial deletion action, EPA will publish a
timely notice of withdrawal of this direct final NOPD before its
effective date and will prepare a response to comments and, if
appropriate, continue with the deletion process based on the NOIPD and
the comments received.
Deletion of a site (or portion thereof) from the NPL does not
itself create, alter, or revoke any individual's rights or obligations.
Deletion of a site (or portion thereof) from the NPL does not in any
way alter EPA's right to take enforcement actions, as appropriate. The
NPL is designed primarily for informational purposes and to assist
EPA'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 Partial Site Deletion
The following information provides the Agency's rationale for
deleting the Proposed Deleted Portion of the Property from the NPL.
Site Background and History
The Site (NYD002232957) is in Vestal, a regionally important
industrial center adjacent to Binghamton, New York in the Susquehanna
River basin. The Property, which occupies approximately 12.7 acres, is
bordered by Commerce Road and several warehouses and light industrial
buildings to the east, Old Vestal Road and several residences to the
south, an amusement facility and fuel storage tanks to the west, and
railroad tracks to the north.
The Property and the area downgradient (i.e., to the west) of the
Property is zoned industrial/commercial. With the strong presence of
commercial and industrial infrastructure, future land use is
anticipated to remain industrial/commercial.
The Property is located approximately half-way down the westerly
face of a hill that slopes gently toward the Susquehanna River.
Consistent with this, EPA field observations and examination of
topographic contours indicate that the overland flow of surface water
across the Property is to the west, controlled by a series of conduits
and drainage ditches which direct the flow to the river, located
approximately a half mile to the north and west. The area where the
Site is located is not known to contain or impact any ecologically-
significant habitat, wetlands, agricultural land, or historic or
landmark sites.
The area has two distinct groundwater aquifers. The upper or
overburden aquifer is comprised of material consisting mainly of till
and is approximately 20 to 40 feet thick. In addition, fill material
associated with extensive grading on-Site for storage and parking
spaces ranges from zero to six feet in thickness. Groundwater is
encountered within the upper aquifer unit six to twenty feet below
ground surface (bgs). The lower or bedrock aquifer consists of shale
with a weathered zone seven- to ten-feet thick. The primary
permeability of this material is low, but the secondary permeability is
much higher. Fractures along the horizontal bedding planes and vertical
joints in the shale allow for groundwater flow.
Groundwater flow in the vicinity of the Site is primarily toward
the west and northwest. There are no private drinking water wells in
the vicinity of the Site. All residents are supplied with drinking
water by the Vestal municipal well fields. One of these well fields is
located downgradient of the Site near the river. None of the wells in
the Vestal well fields are affected by Site-related contamination.
Remedial Investigation and Feasibility Study
Eight groundwater extraction wells were drilled on-Site between
1983 and 1984 by former Site owner/operators. These six-inch diameter
wells were installed with steel casing through the till overburden
formation and then finished as open bedrock holes to an average depth
of 300 feet bgs. The wells provided cooling water for the operators of
a pipe-production process, which was then discharged to surface water
at a permitted effluent-discharge point. An effluent sample collected
at the Site by NYSDEC in 1984 to verify discharge-permit compliance
found volatile organic compounds (VOCs) that were not covered under the
permit. Further investigations resulted in the conclusion that the
contamination was coming from the bedrock groundwater beneath the Site.
NYSDEC also determined that there were soil source areas in the
overburden affecting groundwater in both the overburden and bedrock
geologic units.
Sampling was conducted by EPA in 1985 to evaluate the Site for
inclusion on the NPL. Groundwater monitoring revealed elevated
concentrations of VOCs in the overburden soil and bedrock groundwater.
Based on the results of this monitoring, the Site was placed on the NPL
in June 1986 (51 FR 21054).
Following the listing of the Site on the NPL in 1986, a remedial
investigation (RI) was performed. The RI revealed numerous VOCs in the
overburden and bedrock groundwater and in overburden soils. The RI
report, along with a human-health risk assessment (HHRA) and a
feasibility study (FS) report, was completed in 1991.
The HHRA concluded that an unacceptable risk existed for
hypothetical future residents' consumption of groundwater, driven
primarily by VOCs. The hypothetical future use of both the overburden
and bedrock aquifers for drinking-water purposes resulted in
unacceptable risk. The ecological risk assessment concluded that no
habitats or species of special concern would likely be affected by
Site-related contaminants.
Selected Remedy
Following the completion of the RI/FS, a record of decision (ROD)
was signed in March 1992 (1992 ROD). The 1992 ROD, also referred to as
the Operable Unit One (OU1) ROD, addressed contamination present in the
overburden and bedrock aquifers by extraction and treatment via air
stripping. The remedial action objectives (RAOs) specified in the 1992
ROD were:
Restore the aquifer as a potential source of drinking
water by reducing contaminant levels to below the New York State and
Federal Maximum Contaminant Levels (MCLs). See Table 1, below.
Reduce or eliminate the potential for off-Site migration
of contaminants.
Table 1
------------------------------------------------------------------------
Cleanup goal
VOC from 1992 ROD
(ppb)
------------------------------------------------------------------------
1,1,1-Trichloroethane................................... 5.0
1,1-Dichloroethane...................................... 5.0
Trichloroethene......................................... 5.0
1,1-Dichloroethene...................................... 5.0
trans-1,2-Dichloroethene................................ 5.0
cis-1,2-Dichloroethene.................................. 5.0
------------------------------------------------------------------------
The 1992 ROD remedy included the extraction and treatment via air
stripping of contaminated bedrock and overburden groundwater.
An investigation to assess suspected elevated lead concentrations
in Site soil and sediment did not reveal elevated lead concentrations
in any Site media. Accordingly, a no action ROD for these soils and
sediments was signed in March 1993.
[[Page 8992]]
The results of a preliminary remedial design (RD) investigation
indicated that overburden groundwater and subsurface soils were
contaminated at levels much greater than those detected during prior
investigations; the contaminated subsurface soils were subsequently
determined to be source areas. In addition, the pre-RD investigation
concluded that the overburden-formation till was of relatively low-
permeability with an extremely-low groundwater yield. Therefore, the
extraction of contaminated groundwater from the overburden (the remedy
selected for the overburden in the 1992 ROD) was determined not to be
feasible.
An alternative approach to address the contaminated groundwater was
determined to be necessary. In addition, EPA determined that the source
areas in the overburden soil needed to be addressed. A ROD was signed
in July 1997 (1997 ROD or OU3 ROD) which addressed source contamination
present above and below the water table in the overburden in three
areas of the Site. Additionally, based on the tight overburden
formation, resulting in extremely low groundwater yields (approximately
0.1 gallon per minute), consistent with EPA and New York State
guidance, the overburden aquifer is not usable. Therefore, the 1997 ROD
also concluded that Federal and state MCLs are not applicable with
respect to the overburden aquifer. As the bedrock aquifer is usable,
Federal and state MCLs remain applicable with respect to that aquifer.
The RAOs specified in the 1997 ROD were:
Mitigate the potential for contaminants to migrate from
the soil into the overburden aquifer and reduce soil contamination to
meet the soil cleanup objectives identified in NYSDEC's Technical and
Administrative Guidance Memorandum No. 94-HWR-4046, January 1994.
mitigate the potential for contaminants to migrate from
the overburden aquifer into the bedrock aquifer.
reduce or eliminate the threat to public health and the
environment posed by groundwater contamination by remediating
groundwater to MCLs for VOCs.
reduce or eliminate the potential for off-Site migration
of contaminants.
The 1997 ROD included the excavation of unsaturated- and saturated-
overburden soils in three areas of the Site and treatment of VOCs using
low-temperature thermal desorption; the extraction of contaminated
groundwater from the bedrock aquifer through the existing production-
well network until MCLs are achieved; remediation of contaminated
overburden groundwater through natural attenuation processes, including
chemical degradation, dilution, and dispersion, at the Property and in
downgradient areas.
In August 2018, an Explanation of Significant Differences (ESD) was
issued to document EPA's determination to incorporate into the remedy
an institutional control to address the potential for vapor intrusion
should the occupancy of the Property buildings change in the future or
if there is new construction in Property or Off-Property areas.
Remedy Implementation
Negotiations between EPA and a group of potentially responsible
parties (hereinafter, PRP Group) resulted in an agreement embodied in
an October 1998 Consent Decree to implement the RD, construction, and
operation and maintenance (O&M) of the remedy selected in the 1997 ROD.
Soil Remediation
The RD of the soil source-removal excavation and treatment was
initiated in 1999 by Vertex Engineering Service, Inc. (Vertex), the
contractor for the PRP Group. Following the completion of the plans and
specifications, Vertex initiated the implementation of the soil remedy.
The excavation, treatment, and backfilling of more than 10,000 cubic
yards of VOC-contaminated soil was performed from 2000 to 2001. Post-
excavation soil sampling results indicated that residual levels of VOCs
in soils were below the target cleanup levels.
Groundwater Remediation
The 1997 ROD formalized a remedial strategy to address the source
areas and groundwater in the overburden and provided for the continued
extraction and treatment of contaminated bedrock groundwater using the
existing production wells. After eliminating a conduit of contamination
from the overburden into the bedrock by sealing one of the production
wells in 1996, the rebuilding and upgrade of the existing bedrock
extraction wells was completed in 2001. This work included installing
new pumps, piping, wiring, and instrumentation for the existing
production-well system. A combination of logistical circumstances,
primarily, the decision by the operator of the Property to discontinue
the use of the extracted groundwater as cooling water in its pipe
manufacturing process resulted in the system being shut down in 2003.
In 2005, after the completion of negotiations between EPA, the PRP
Group, and the property owner, carbon treatment was added to the
bedrock-groundwater extraction and treatment system, and operation of
the system resumed. The Property owner operated the system on behalf of
the PRP Group until May 2014, when the system, which had treated the
groundwater to asymptotic levels above the MCLs, became inoperable. EPA
is currently investigating alternatives to the extraction and treatment
of the bedrock groundwater in the Retained Portion of the Property.
Monitoring
To monitor the effect of both the overburden-soil source removal
and the ten years of bedrock-groundwater extraction and treatment,
long-term groundwater monitoring in both the overburden and bedrock
aquifers is being performed annually. As noted above, because of the
tight overburden formation, resulting in extremely-low groundwater
yields, the overburden aquifer is not usable. Therefore, pursuant to
the 1997 ROD, Federal and state groundwater standards are not
applicable with respect to the overburden aquifer. With respect to the
bedrock aquifer, groundwater VOC contaminant levels are below the 1997
ROD-specified Federal and state MCLs for Site-related constituents
within the area of the Proposed Deleted Portion of the Property (see
Table 2, below).
Table 2--1990 to Present
------------------------------------------------------------------------
Bedrock well number Total VOCs
------------------------------------------------------------------------
PW-9.................................... ND
MW-3A................................... ND
MW-4A................................... ND
MW-13A.................................. ND
MW-15A.................................. ND
------------------------------------------------------------------------
O&M for the bedrock-groundwater extraction-and-treatment system
component of OU1 began in 2005. Per the O&M Manual, O&M for OU1
included inspection/maintenance procedures, schedules for proper
operation, and influent and effluent monitoring to evaluate remedy
performance. O&M of the system continued through 2014, at which point
the system became inoperable and was turned off to explore alternatives
to the extraction and treatment of the bedrock groundwater. The long-
term monitoring components of the overburden (OU3) and bedrock (OU1)
aquifers began in 2001 and has continued since that time.
Institutional Controls
With respect to institutional controls (ICs), the 1997 ROD called
for the implementation of ICs to restrict the
[[Page 8993]]
installation and use of groundwater wells at and downgradient of the
Property until groundwater quality has been restored. The on-Property
ICs were implemented through a March 2006 Declaration of Easements,
Covenants and Restrictions (``deed restriction'') for the Property. As
noted above, in August 2018 an ESD was issued to document EPA's
determination to incorporate into the remedy an IC relating to vapor
intrusion; toward this end, the Town of Vestal has agreed to notify EPA
when there is a change in use relative to the Property and Off-Property
areas.
With respect to areas downgradient of the Property, drinking water
is provided by public supplies for the entire town. Town of Vestal code
sec. 24-73.d requires all development (residential, commercial,
industrial, etc.) to connect to the public drinking-water supply system
in all areas of the Town where the public supply is available. The
Property and the plume downgradient of the Property are in an area
where the public drinking-water supply system is available. Further,
the installation of any other groundwater-withdrawal well is restricted
within areas of the Town designated as an ``aquifer district'' (Town of
Vestal code sec. 23-518.a-c). The Property and the plume area
downgradient of the Property are located within an ``aquifer
district.''
Five-Year Review
Contamination remains in the groundwater underlying the Property
and in Off-Property areas above levels that would allow for unlimited
use and unrestricted exposure. Therefore, pursuant to CERCLA Section
121(c), EPA is required to conduct a review of the remedy at least once
every five years. Five-year reviews were conducted in 2006, 2011, and
2016. While the most recent five-year review concluded that there are
no completed exposure pathways, a short-term protectiveness finding was
made for the Site in light of recommendations that more information was
needed relative to the off-Property overburden groundwater and the
evaluation of alternatives to the existing extraction and treatment of
bedrock groundwater remedy needed to be completed. Neither of these
recommendations relate to the Proposed Deleted Portion of the Property.
The next five-year review is scheduled for 2021.
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 three remedy selection processes, the public
was invited to comment on the proposed remedies. 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 a Portion of the Site Meets the Criteria for
Deletion from the NPL
Because of the tight overburden formation, resulting in extremely-
low groundwater yields, the overburden aquifer is not usable.
Therefore, as reflected in the 1997 ROD, Federal and state MCLs are not
applicable with respect to the overburden aquifer.
Because of the completion of all appropriate response actions in
the overburden soil and overburden groundwater on the Property and
because the bedrock aquifer underlying the Property outside the
Retained Portion of the Property is not contaminated, and because there
are appropriate institutional controls in place, EPA and NYSDEC have
determined that these areas no longer pose a threat to public health or
the environment. EPA and NYSDEC have concluded that this NOPD, which
pertains only to the Proposed Deleted Portion of the Property, may
proceed. The Retained Portion of the Property will remain on the NPL,
as well as the Off-Property portions of the Site's overburden and
bedrock aquifers. Because contamination remains in both the Property
and Off-Property overburden and bedrock groundwater, groundwater
monitoring, periodic IC verification, and five-year reviews will still
be required, as will O&M activities, as necessary.
All the completion requirements for the Proposed Deleted Portion of
the Property have been met, as described in the September 2001 soil
Remedial Action Report, the September 2001 Preliminary Close-Out
Report, and the 2006, 2011, and 2016 five-year review reports. The
implemented remedy has achieved the degree of cleanup or protection
specified in the OU1 and OU3 RODs for the Proposed Deleted Portion of
the Property. The selected remedial action objectives and associated
cleanup levels for the Proposed Deleted Portion of the Property are
consistent with EPA policy and guidance. No further Superfund response
for the Proposed Deleted Portion of the Property is needed to protect
human health and the environment. The State of New York, in an August
9, 2018 letter from the NYSDEC, concurred with the proposed partial
deletion of the Proposed Deleted Portion of the Property from the NPL.
The NCP specifies that EPA may delete a site from the NPL if all
appropriate response under CERCLA has been implemented and no further
response action 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 Proposed Deleted Portion of the
Property has been met in that the soil on and the groundwater beneath
the Proposed Deleted Portion of the Property no longer pose a threat to
public health or the environment. Consequently, EPA is deleting the
Proposed Deleted Portion of the Property from the NPL. Documents
supporting this action are available in the Docket.
V. Deletion Action
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 Proposed Deleted Portion of the Property and that
these media no longer pose a threat to public health or the
environment. Therefore, EPA is deleting the Proposed Deleted Portion of
the Property from the NPL. An approximately three-acre portion of the
southwest On-Property bedrock aquifer (west of the former manufacturing
building and warehouse and south of this area to Old Vestal Road) will
remain on the NPL, as will the Off-Property portion of the Site's
overburden and bedrock aquifers. Because contamination remains in both
On-Property and Off-Property overburden and bedrock groundwater,
groundwater monitoring and five-year reviews will still be required, as
will O&M activities, as necessary. The partial 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 May 13, 2019 unless
EPA receives adverse comments by April 12, 2019. 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 NOPD before
the effective date of the partial deletion and the deletion will not
take effect. EPA will prepare a response to comments and, if no
comments were received which warrant a change in EPA's decision with
respect to the partial deletion, EPA will continue with the deletion
process on the basis of the NOIPD and the comments received. In such a
case,
[[Page 8994]]
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: October 18, 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.
0
2. Table 1 of appendix B to part 300 is amended by revising the entry
for ``NY'', ``Robintech, Inc./National Pipe Co.'', ``Town of Vestal''
to read as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
State Site name City/County Notes (a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
NY................................. Robintech, Inc./National Town of Vestal........ P
Pipe Co..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) * * *
* * * * *
*P = Sites with partial deletion(s).
* * * * *
Editorial note: This document was received for publication by
the Office of the Federal Register on March 7, 2019.
[FR Doc. 2019-04511 Filed 3-12-19; 8:45 am]
BILLING CODE 6560-50-P
