50414 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

215 ................................................................ 9–1–11 10–1–11 2.25 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 10th day 

of August 2011. 

Laricke Blanchard, 

Deputy Director for Policy, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 2011–20649 Filed 8–12–11; 8:45 am] 

BILLING CODE 7709–01–P 

POSTAL SERVICE 

39 CFR Part 20 

International Mail Manual; 

Incorporation by Reference 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service announces 

the issuance of the Mailing Standards of 

the United States Postal Service, 

International Mail Manual (IMM®) 

dated April 17, 2011, updated with 

Postal Bulletin revisions through June 2, 

2011, effective June 6, 2011, and its 

incorporation by reference in the Code 

of Federal Regulations. 

DATES: Effective Date: This final rule is 

effective on August 15, 2011. The 

incorporation by reference of the IMM is 

approved by the Director of the Federal 

Register as of August 15, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins, (202) 268–3789. 

SUPPLEMENTARY INFORMATION: The 

International Mail Manual was issued 

on April 17, 2011, and was updated 

with postal bulletin revisions through 

June 2, 2011. It replaced all previous 

editions. This issue of the IMM removes 

the issue number, replacing it with the 

issue date to mirror the format used for 

the Domestic Mail Manual (DMM®). It 

also continues to enable the Postal 

Service to fulfill its long-standing 

mission of providing affordable, 

universal mail service. It continues to: 

(1) increase the user’s ability to find 

information; (2) increase the users’ 

confidence that they have found the 

information they need; and (3) reduce 

the need to consult multiple sources to 

locate necessary information. The 

provisions throughout this issue support 

the standards and mail preparation 

changes implemented since the version 

of May 11, 2009. The International Mail 

Manual is available to the public on the 

Postal Explorer® Internet site at http:// 

pe.usps.com. 

List of Subjects in 39 CFR Part 20 

Foreign relations; Incorporation by 

reference. 

In view of the considerations 

discussed above, the Postal Service 

hereby amends 39 CFR part 20 as 

follows: 

PART 20—INTERNATIONAL POSTAL 

SERVICE 

■ 1. The authority citation for part 20 

continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

■ 2. Amend § 20.1 by revising paragraph 

(a), and adding a new entry at the end 

of the table in paragraph (b), to read as 

follows: 

§ 20.1 International Mail Manual; 

incorporation by reference. 

(a) Section 552(a) of title 5, U.S.C., 

relating to the public information 

requirements of the Administrative 

Procedure Act, provides in pertinent 

part that matter reasonably available to 

the class of persons affected thereby is 

deemed published in the Federal 

Register when incorporated by reference 

therein with the approval of the Director 

of the Federal Register. In conformity 

with that provision and 39 U.S.C. 

410(b)(1), and as provided in this part, 

the Postal Service hereby incorporates 

by reference its International Mail 

Manual (IMM), dated April 17, 2011, 

updated with Postal Bulletin revisions 

through June 2, 2011, effective June 6, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR Part 51. 

(b) * * * 

International Mail Manual Date of 

issuance 

* * * * * 

IMM .................................... April 17, 2011. 

■ 3. Revise § 20.2 to read as follows: 

§ 20.2 Effective date of the International 

Mail Manual. 

The provisions of the International 

Mail Manual dated April 17, 2011, 

updated with Postal Bulletin revisions 

through June 2, 2011, effective June 6, 

2011, are applicable with respect to the 

international mail services of the Postal 

Service. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–20618 Filed 8–12–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9451–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Sayreville Landfill Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA, Region 2, is publishing 

a direct final Notice of Deletion of the 

Sayreville Landfill Superfund Site 

(Site), located in the Borough of 

Sayreville, Middlesex County, New 

Jersey, from the National Priorities List 

(NPL). The NPL, promulgated pursuant 

to section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final Notice of Deletion is being 

published by EPA with the concurrence 

of the State of New Jersey, through the 

Department of Environmental Protection 

(NJDEP). EPA and NJDEP have 

determined that all appropriate 

remedial actions under CERCLA, other 

than operation, maintenance and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 


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Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50415 

DATES: This direct final deletion will be 

effective September 29, 2011 unless 

EPA receives significant adverse 

comments by September 14, 2011. If 

significant adverse comments are 

received, EPA will publish a timely 

withdrawal of this direct final deletion 

in the Federal Register, informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: salkie.diane@epa.gov. 

• Fax: 212–637–4393. 

• Mail: To the attention of Diane 

Salkie, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 19th 

Floor, New York, New York 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 Docket’s normal 

hours of operation (Monday to Friday 

from 9 a.m. to 5 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; EPA’s policy is that all comments 

received will be included in the Docket 

without change and may be made 

available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider CBI or otherwise protected 

through http://www.regulations.gov or 

e-mail. The http://www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comments. If you send email comments directly to EPA without 

going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit electronic comments, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM that you submit. If 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comments. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials can be available either 

electronically in http:// 

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 a.m. to 5 p.m. and New Jersey 

Department of Environmental 

Protection, 401 East State Street, 

Trenton, New Jersey 08625–0410, 

Phone: 609–777–3373. 

FOR FURTHER INFORMATION CONTACT: 

Diane Salkie, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 19th 

Floor, New York, New York 10007– 

1866, telephone at (212) 637–4370; fax 

at (212) 637–4393; or e-mail at: 

salkie.diane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 2 is publishing this direct 

final Notice of Deletion of the Sayreville 

Landfill Superfund Site (Site) from the 

National Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 300.425(e) (3) of 

the NCP, a site deleted from the NPL 

remains eligible for remedial actions if 

conditions at the site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 29, 

2011 unless EPA receives significant 

adverse comments by September 14, 

2011. Along with this direct final Notice 

of Deletion, EPA is co-publishing the 

Notice of Intent to Delete in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register. If adverse comments 

are received within the 30-day public 

comment period on this deletion action, 

EPA will publish a timely withdrawal of 

this direct final Notice of Deletion 

before the effective date of the deletion 

and the deletion will not take effect. 

EPA will, as appropriate, prepare a 

response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Sayreville Landfill 

Superfund Site and demonstrates how it 

meets the deletion criteria. Section V 

discusses EPA’s action to delete the Site 

from the NPL unless significant 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 poses no 

significant threat to public health or the 

environment and, therefore, 

implementing remedial measures is not 

appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at the site above 


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levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of this Site. 

(1) EPA consulted with the state of 

New Jersey prior to developing this 

direct final Notice of Deletion and the 

Notice of Intent to Delete co-published 

today in the ‘‘Proposed Rules’’ section 

of the Federal Register. 

(2) EPA has provided the state 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the state, through the New Jersey 

Department of Environmental 

Protection, has concurred on the 

deletion of the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

the Home News Tribune. The 

newspaper notice announces the 30-day 

public comment period concerning the 

Notice of Intent to Delete the Site from 

the NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e) (3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following summary provides the 

Agency’s rationale for deleting this Site 

from the NPL. 

Site Background and History 

The Sayreville Landfill Superfund site 

(CERCLIS ID: NJD980505754) covers 

approximately 30 acres and is located in 

a moderately industrial section of the 

Borough of Sayreville in Middlesex 

County, New Jersey, approximately one 

mile south of Route 535 and one and a 

half miles north of the BordentownAmboy Turnpike. Several small 

industries surround the Site to the 

north, east and south. The South River, 

which flows north, is a major tributary 

to the Raritan River and forms the 

western border of the Site. The river 

waters adjacent to the Site are 

designated for both primary and 

secondary contact recreation. Pond 

Creek forms a portion of the Site 

boundary to the north and northwest 

and Duck Creek on the south and 

southwest. These waters are classified 

by the NJDEP as fresh water Non-Trout. 

The Site is partially located within the 

tidal wetlands of the river with drainage 

swales along the western part of the 

property. 

Land and Resource—The landfill 

property encompasses approximately 30 

acres of land, of which, approximately 

20 acres were used for waste fill and 

contains buried wastes. The waste fill 

area rises above the natural grade by 

approximately eight to ten feet, is 

covered with low-lying vegetation and 

marsh grasses, and is bordered by small 

surface streams. The eastern section of 

the Site, near Jernee Mill Road, contains 

clusters of hardwood trees. The nearest 

residential developments are located 1⁄2

mile to the north and 1⁄4 mile to the west 

(across the South River, which is the 

western border of the landfill). 

History of Contamination—From 1971 

to August 1977, the Sayreville Landfill 

was operated by the Borough of 

Sayreville as a licensed municipal 

landfill which accepted primarily 

municipal solid wastes and some light 

industrial wastes. Reports from previous 

investigations indicate that hazardous 

wastes were disposed of at the Site 

between 1974 and 1977 when landfill 

operations ceased. In addition, it is 

believed that additional quantities of 

hazardous wastes were dumped at the 

Site after 1977. 

Initial Response—In 1980, a landfill 

closure plan, approved by the NJDEP, 

was implemented by the Borough. 

Subsequent Site inspections, however, 

revealed that the closure had not been 

properly completed. The existing 

vegetative growth over the landfill had 

eroded in many areas and failed to 

significantly impede the release of 

fugitive dust or landfill gas emissions. 

In 1981, the NJDEP issued an order to 

the Borough of Sayreville to cease 

violations regarding maintenance of the 

landfill. 

Basis for Taking Action—In April 

1981, the New Jersey Division of 

Criminal Justice performed a 

magnetometer survey on a portion of the 

landfill alleged to contain buried 

hazardous waste materials. Based on the 

survey results, an estimated 30 drums 

were excavated from the western 

peninsula of the waste-fill area. 

Analytical results detected various 

hazardous compounds including 

pentachlorophenol, para-ethyl toluene, 

chloroform, methyl bromide as well as 

pesticides and acids. In August 1982, 

EPA visited the Site to gather 

information for ranking it on the Federal 

Superfund National Priorities List 

(NPL). Based on the data collected from 

this and previous investigations, the 

Site was proposed for the NPL on 

December 30, 1982 (47 FR 58476) and 

placed final on the NPL on September 

8, 1983 (47 FR 40674). 

Redevelopment—During development 

of the 1998 OU2 ROD, the owner of the 

property indicated its desire, after 

proper landfill closure to reuse the 

property for recreational/commercial 

purposes. In 1998, NJDEP agreed that 

recreational use of the property would 

be appropriate provided that 

development of the landfill did not 

breach the landfill cap, and that an 

additional monitoring program would 

be required to ensure the integrity of the 

landfill cap. Reuse/redevelopment is 

further addressed in the August 2010 

deed restriction and the June 14, 2007 

Classification Exception Area (CEA). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

In February 1986, NJDEP engaged 

B&V Waste Science and Technology, 

Inc. (BVWST) to begin a remedial 

investigation and feasibility study (RI/ 

FS) at the Site. The Phase I field work 

was conducted between November 1986 

and March 1987 and included the 

following activities: installation of 21 

groundwater monitoring wells and three 

piezometer wells; collection of 

groundwater samples from on-site 

monitoring wells; collection of surface 

water and stream sediment samples 

from 11 locations surrounding the Site; 

excavation of five test pits and 

collection of soil samples; and air 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50417 

monitoring at 52 locations. Phase II of 

the RI began in October 1989 and was 

intended to supplement and verify the 

findings and analytical results from 

Phase I of the investigation. Phase II 

included the following activities: 

collection of groundwater samples from 

21 on-site monitoring wells; collection 

of three surface water and six sediment 

samples; excavation of 11 test pits; and 

collection of 12 drum contents samples. 

Based on the results of the RI, BVWST 

completed the FS report which 

identified and evaluated a number of 

remedial alternatives. 

Selected Remedy 

On September 28, 1990, EPA issued a 

Record of Decision selecting a remedial 

action plan for the landfill (OU1). The 

remedial action objectives for the OU1 

ROD include the following: prevent 

direct contact with landfill soils and 

buried drums and minimize surface 

water runoff which contributes to 

landfill erosion; minimize the migration 

of soil and drum content contaminants 

into groundwater, surrounding surface 

waters and stream sediments; and 

identify potential releases of 

contaminants to groundwater, surface 

water and sediments. The major 

components of the selected remedy 

include: 

• Fencing of the Site to restrict access 

and the establishment of deed 

restrictions; 

• Capping of the wastefill with a 

NJDEP solid waste cap to prevent 

infiltration and any potential releases of 

hazardous waste to groundwater and 

surface waters; 

• Construction of an access road and 

storm water and passive gas 

management systems; 

• Removal and off-site thermal 

treatment of buried drums containing 

hazardous wastes; 

• Intensive groundwater, surface 

waters, stream sediments and air 

sampling and monitoring; and 

• The installation of additional 

groundwater monitor wells within the 

deep Farrington aquifer. 

In a supplemental investigation, a 

third round of water sampling was 

conducted on the 21 wells in addition 

to installing two more deep wells in the 

deep Farrington Sand aquifer. 

These successive sampling events 

indicated that the contaminant 

concentrations had declined over time. 

The deep Farrington Sand aquifer was 

determined to have no contaminants 

above the NJ Ground-Water Quality 

Standards. On June 30, 1997, EPA 

issued an Explanation of Significant 

Differences (OU1 ESD) which modified 

the original cleanup selected in the 1990 

OU1 ROD. The OU1 ESD documented 

that EPA and NJDEP, after further 

review of the circumstances 

surrounding the Site, including 

additional monitoring data, determined 

that installation of an additional deep 

well into the Farrington Sand aquifer 

was not necessary. 

Based on the findings of the various 

investigations, the fact that there are no 

known users of the perched and shallow 

aquifers and that ground-water 

contaminant concentrations appeared to 

be decreasing, on September 23, 1998, 

the NJDEP, in consultation with EPA, 

issued a ROD for off-site sediments, 

surface water, and groundwater (OU2). 

The OU2 ROD selected as the remedy, 

‘‘No Further Action’’ for surface water 

and sediments, and ‘‘No Further Action 

with Monitoring’’ for groundwater. The 

OU2 ROD also called for: 

• Monitoring of the wells 

surrounding the landfill to verify the 

effectiveness of the landfill cap and to 

ensure that the landfill is not 

contaminating the groundwater. 

• Implementation of a Deed Notice to 

prevent any intrusive activities into the 

landfill cap. 

• Implementation of a Classification 

Exception Area (CEA) for the shallow 

aquifer in the vicinity of the Site. 

Response Actions 

Source Control—The final remedial 

design (RD) was approved in February 

1996. 

Actual on-site construction began on 

June 30, 1997, and was substantially 

completed by July 1998. A Preliminary 

Closeout Report was issued by EPA on 

September 28, 1998. O’Brien and Gere 

Engineers certified final construction 

completion in June 1999. EPA approved 

the Remedial Action Report on 

September 30, 1999. The Remedial 

Action Report contains detailed 

information on the construction and 

demonstrates that the remedy is 

operational and functional. 

The PRPs selected IEM Sealand/ 

ThermoRetec as the prime construction 

contractor on May 5, 1997 and O’Brien 

and Gere was selected as the oversight 

contractor. Major work activities 

included: site clearing and grubbing, 

waste relocation from the northern 

peninsula to the main landfill; waste 

removal from the demolition area and 

perimeter areas and relocation to the 

main landfill; regrading of the main 

landfill cap area; construction of the 

landfill cap system; placement of topsoil 

and seeding; gas vent installation; 

monitoring well abandonment; 

retrofitting of monitoring wells to 

accommodate the final grade; drum 

removal; and wetlands mitigation. 

The perimeter of the Site was cleared 

and installation of the perimeter soil 

and erosion control measures was 

completed. Excavation of waste from the 

northern landfill proceeded with 

excavation, hauling, placement and 

compaction of materials to the main 

landfill area. Upon completion of 

excavation, confirmation soil samples 

were collected to ensure cleanup levels 

were attained. Construction of the cap 

system included a riprap channel 

around the perimeter of the cap to allow 

drainage. The cap consists of a six-inch 

sand bedding layer with geo-membrane 

liner placed on the sand. On top of the 

liner, a geo-net drainage system was 

installed. The next layer consists of 18- 

inch embankment material covered with 

six inches of topsoil. Eighteen drums of 

solid waste and 17 drums of liquid 

waste were transported off site by Waste 

Minimization Sciences, Inc. on April 30, 

1998 for disposal by incineration. Two 

freshwater wetland mitigation areas 

were developed at the northeast and 

southeast corners of the main landfill. 

Three inspections were made following 

the creation of the wetlands mitigation 

areas to document types and amounts of 

vegetation and to determine survival 

rates of the plant species. 

Fencing was installed extending 

several hundred feet along Jernee Mill 

Road in both directions from the 

entrance gate. At both ends, the fence 

then turns westward towards the South 

River and proceeds approximately 

halfway to the River, preventing access 

to the landfill Site from areas other than 

wetlands. ‘‘No Trespassing’’ signs have 

also been posted around the perimeter 

of the landfill Site. The deed notice was 

recorded in Middlesex County on 

August 10, 2010. In March 2003, in 

accordance with the OU2 ROD 

requirement for the establishment of a 

State Classification Exception Area 

(CEA), municipal engineers for the 

Borough of Sayreville, O’Brien and Gere 

Engineers, provided NJDEP with 

information that was placed in the 

State’s CEA database which identifies 

what areas of the Site have groundwater contamination in excess of New 

Jersey Ground-Water Quality Standards. 

The CEA was established by NJDEP on 

June 14, 2007. 

Cleanup Goals 

After the composite cap system was 

installed, groundwater monitoring was 

conducted semi-annually from August 

1991 until August 2004 and continued 

annually until November 2007. From 

2008–2010 a review of groundwater data 

and on-site gas monitoring was 

performed and a revision to the O&M 

plan was submitted to NJDEP. Over the 


srobinson on DSK4SPTVN1PROD with RULES
50418 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

two year period of 2008–2010, DEP 

approved an exemption from 

conducting groundwater sampling, 

however, annual reports for inspections 

and gas monitoring continued during 

this period. The next round of 

groundwater samples were collected in 

2010. 

According to the Post-Closure O&M 

Plan groundwater is sampled from ten 

monitoring wells in three water bearing 

zones: perched, shallow and deep. The 

applicable or relevant and appropriate 

requirements (ARARs) for the 

groundwater at the Site are the EPA Safe 

Drinking Water Act Maximum 

Contaminant Levels (MCLs) and New 

Jersey Department of Environmental 

Protection Ground Water Quality 

Standards (GWQSs). Volatile organic 

compounds (VOCs) benzene, 

chlorobenzene and chloroethene, have 

historically been the only VOCs above 

the ARARs in the perched or shallow 

zone wells. The levels have 

demonstrated significant decreases in 

concentration in the last few years. 

Historically, one semi-volatile organic 

compound (SVOC) was detected in the 

shallow and deep zones but is not 

considered Site related and is below the 

ARARs. Inorganic compounds found 

throughout the Site are arsenic, 

aluminum, cadmium, chromium, iron, 

lead, nickel, manganese, sodium and 

thallium. Aluminum, iron, manganese 

and sodium reflect regional background 

conditions and are not thought to be 

Site related. Inorganic concentrations 

have fluctuated over the fourteen 

rounds of sampling, but have shown a 

decrease and stability since 2006. 

Perched Zone—Three wells located in 

the perched water bearing zone, MW–8, 

MW–11 and P–5 are within the 

boundaries of the landfill where 

wastefill was placed. In 1989, during 

Phase II of the Remedial Investigation 

the levels of chloroethane, methylene 

chloride, benzene, antimony and 

beryllium were above the ARARs in 

groundwater from wells MW–8 and 

MW–11. Piezometer well P–5 was 

installed at a later time and showed 

elevated results of the same compounds 

in addition to chlorobenzene, cadmium, 

chromium, nickel and sodium. Lead in 

well P–5 peaked at a level of 100 μg/L 

in 2001 but has since declined to 6.7 μg/ 

L, below the MCL of 15 μg/L in 2010. 

The 2010 sampling results demonstrate 

that methylene chloride, antimony, 

beryllium, chromium and nickel are 

either non-detect or below the ARARs in 

the three wells. Elevated iron, 

manganese and sodium reflect regional 

background conditions. Benzene, 

chlorobenzene and chloroethane have 

decreased significantly, but remain 

slightly elevated in the three monitoring 

wells located within the former wastefill 

disposal area. However, the 

groundwater meets ARARs in the 

monitoring well located at the 

downgradient boundary of the waste 

management area. 

Shallow Zone—Under the PostClosure O&M Plan there are currently 

four wells in the shallow water bearing 

zone being monitored. Wells MW–5S 

and MW–6S are located within the 

landfill area on the west side of the 

landfill and two wells are hydraulically 

upgradient wells: P–1 to the north of the 

landfill and MW–3 to the east of the 

landfill. In the western wells antimony, 

beryllium, methylene chloride and 

acetone concentrations began above the 

ARARs and showed non-detect or below 

ARARs in 2010. Arsenic also remains 

above the GWQS in both on site wells, 

however below the MCLs in MW–6S. 

The hydraulically upgradient wells 

showed arsenic, chromium, nickel, 

methylene chloride and acetone at 

levels above the ARARs historically and 

non-detect in 2010. Piezometer well P– 

1 initially showed benzene at a level of 

15 μg/L and has fluctuated from nondetect to the current level of 1.3 μg/L 

slightly above the NJDEP GWQS of 1 μg/ 

L and below the MCL of 5 μg/L. Since 

P–1 is upgradient, the contamination 

most likely originates from another 

source. 

Deep Zone—Three monitoring wells 

are in the deep water bearing zone or 

the Farrington Aquifer. MW–1D and 

MW–14 are both upgradient and north 

of the landfill while MW15 is located 

south of the landfill. Historically, 

acetone, methylene chloride, benzene 

and 1,2-dichloroethane were above the 

ARARs in the upgradient wells, but 

have declined to the current result of 

non-detect. No organic compounds were 

above ARARs in MW–15. Lead in well 

MW–1D peaked at 130 μg/L in 2004 but 

has since declined to 10 μg/L, below the 

MCL of 15 μg/L. Elevated levels of 

aluminum, iron, manganese and sodium 

were found in all three deep wells, 

however, reflect regional background 

conditions. 

Summary—Although the on-site wells 

located in the waste management area 

and upgradient of the Site remain 

contaminated with slightly elevated 

levels of organic contaminants of 

concern, the downgradient well shows 

levels below the MCLs. The only 

inorganic contaminants of concern still 

present in the 2010 results are lead and 

arsenic. The lead was found in P–5 

(perched well) located on site and MW– 

1D (deep well), upgradient of the site. 

Both results are above the GWQS but 

below the MCLs. Although arsenic 

remains above the GWQS in MW–6S 

(shallow well), it is below the MCL and 

has decreased since the earlier sampling 

events. Arsenic concentrations have 

fluctuated throughout the sampling of 

MW–5S, and with the exception of the 

2010 sampling, had been below the 

MCLs. 

Operation and Maintenance 

In 1986 and 1987, investigations 

indicated that gaseous emissions of 

volatile compounds at the Site were 

almost exclusively methane. To control 

the emissions, 22 passive vents were 

installed within the landfill. In 1999, 13 

soil gas monitoring probes were 

installed around the perimeter of the 

landfill. However, these probes failed 

and were replaced by the current 

monitoring system in 2003. The gas has 

been monitored for methane, oxygen, 

carbon dioxide and nitrogen quarterly 

from the new probes since 2004. 

Methane has been consistently elevated 

in soil gas probe P–6A located at the 

edge of the Site in the wetlands area. All 

other probes have shown methane at a 

non-detect level or have decreased to 

non-detect. In 2008, a forensic analysis 

of methane from P–6A and landfill vent 

LV–15 was conducted and determined 

that the gas is consistent with a 

biogenically-derived gas from landfill 

activities and not from the natural 

wetlands. Probe P–6A is located near 

monitoring well MW–6S which has not 

shown any volatile organic compound 

contamination for several years. There 

are no health and safety concerns due to 

the absence of confined space and 

distance to off-site receptors. 

Detailed ‘‘Sampling and Monitoring 

Reports’’ were submitted by O’Brien and 

Gere Engineers to the PRP Committee 

members, NJDEP, and EPA on a semiannual basis. These reports included 

both maintenance and monitoring 

activities and identified any problems 

and corrective measures. Routine O&M 

activities are performed by O’Brien and 

Gere Engineers by contract with the PRP 

Committee at the Site in accordance 

with the Operation and Maintenance 

Manual which was approved by NJDEP 

in November 1995. 

Ten ground-water monitoring wells 

(three wells in the perched aquifer, four 

wells in the shallow aquifer, one well in 

the water bearing Woodbridge/South 

Amboy Clay, and two wells in the deep 

aquifer) were sampled semi-annually 

over a period of five years. The final 

semi-annual report was submitted in 

January 2005. Since then, monitoring 

has been conducted on an annual basis 

until 2007. The latest data provided to 

EPA was obtained from samples taken 

in November 2007 and December 2010. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 50419 

Landfill gas is monitored using thirteen 

soil gas monitoring probes. 

In 2011, NJDEP approved the revised 

O&M Plan with the following 

modifications to the sampling and 

analysis plan: 

(1) A reduction in the groundwater 

monitoring frequency to one round per 

five years. 

(2) Monitoring of the deep water 

bearing zone (wells MW–1D, MW–14, 

and MW–15) is discontinued since it is 

not part of the CEA, and investigations 

and monitoring have demonstrated that 

no contamination related to the landfill 

has impacted the deep water zone. 

(3) Semi-volatile organic 

contaminants are not detected in the 

groundwater and were removed from 

the list of target analytes. 

(4) Based on the CEA constituents and 

recent analytical results, the list of target 

organic analytes includes the following 

volatile organic contaminants: benzene, 

chlorobenzene, chloroethane 

(5) Based on the CEA constituents and 

recent analytical results, the list of target 

inorganic analytes was reduced to the 

following: arsenic, chromium, lead, 

nickel and thallium; all other detected 

inorganic constituents (iron, manganese, 

and sodium) that exceed the GWQS 

reflect regional background conditions 

(6) A low flow purging and sampling 

methodology in general conformance 

with the NJDEP Field Sampling 

Procedures Manual (2005) should 

continue to be used to obtain a more 

accurate representation of actual 

groundwater quality in the monitored 

water bearing zones. 

Following completion of the remedial 

construction, Site inspections were 

performed monthly for two years and 

then quarterly thereafter. The findings 

are recorded in the inspection and 

maintenance logs provided in Appendix 

A of the ‘‘Sampling and Monitoring 

Reports’’. The contractor cuts the grass 

on a monthly basis as needed, and 

performs any necessary repairs to the 

liners and/or the soil gas monitoring 

probes. Damage to the surface soil above 

the cap is also inspected and repaired as 

necessary. The contractor is also 

responsible for maintaining the integrity 

of the fence. 

Site inspections are conducted 

quarterly and reported to EPA and DEP 

annually in the form of the Post-Closure 

Inspection and Maintenance Form along 

with any necessary support information. 

The site inspection investigates the 

conditions of the fence, security signs, 

access road and gates as well as the state 

of the landfill cap, vegetation and 

drainage. The 2010 Deed Notice places 

restrictions on the Site so that no 

alteration, improvement or disturbance 

of the cap, or the landfill materials can 

take place without prior approval from 

NJDEP. 

Five-Year Review 

Two Five-Year Reviews have been 

conducted at the Site, the first in 2002, 

and the second in 2007. The 

implemented actions (OU–1 and OU–2) 

taken at the Sayreville Landfill 

Superfund Site were found to be 

protective of human health and the 

environment in the short-term and that 

in order for the remedy to be protective 

in the long-term, the final institutional 

controls needed to be implemented. The 

deed notice was recorded in Middlesex 

County on August 10, 2010. Currently, 

there are no exposure pathways that 

could result in unacceptable risks and 

none are expected as long as the Site use 

does not change and the engineered and 

access controls currently in place 

continue to be properly operated, 

monitored, and maintained. In addition, 

the deed notice has been recorded 

restricting land use and the CEA is in 

place to restrict groundwater use 

providing for long-term protectiveness 

of human health and the environment. 

The next five-year review will be 

completed by June 2012. 

Community Involvement 

Public participation activities for this 

Site have been satisfied as required in 

CERCLA sections 113(k) and 117, 42 

U.S.C. 9613 (k) and 9617. Throughout 

the removal and remedial process, EPA 

and the NJDEP have kept the public 

informed of the activities being 

conducted at the Site by way of public 

meetings, progress fact sheets, and the 

announcement through local newspaper 

advertisement on the availability of 

documents such as the RI/FS, Risk 

Assessment, ROD, Proposed Plan and 

Five-Year Reviews. Notices associated 

with these community relations 

activities were also mailed out to the 

area residents and other concerned 

parties on the mailing list for the Site. 

Determination That the Site Meets the 

Criteria for Deletion From the NCP 

The NCP specifies that EPA may 

delete a site from the NPL if ‘‘all 

appropriate Fund-financed response 

under CERCLA has been implemented, 

and no further response action by 

responsible parties is appropriate’’ as 

stated in 40 CFR 300.425(e) (1) (ii). EPA, 

with the concurrence from the State of 

New Jersey, through NJDEP, dated July 

27, 2011, believes that this criterion for 

deletion has been met. Consequently, 

EPA is deleting this Site from the NPL. 

Documents supporting this action are 

available in the Site files. 

The groundwater meets applicable or 

relevant and appropriate requirements 

(ARARs) at all monitoring wells located 

at the downgradient boundary of the 

waste management area. The 

downgradient wells outside the 

boundary of the landfill were removed 

from the sampling plan based on had 

multiple years of sampling results with 

non-detect for the site contaminants of 

concern. 

The deed notice was recorded in 

Middlesex County on August 10, 2010. 

Currently, there are no exposure 

pathways that could result in 

unacceptable risks and none are 

expected as long as the Site engineered 

and access controls currently in place 

continue to be properly operated, 

monitored, and maintained. In addition, 

the deed notice has been recorded 

restricting use and providing for longterm protectiveness of human health 

and the environment. 

In March 2003, in accordance with 

the September 23, 1998 Record of 

Decision requirement for the 

establishment of a State Classification 

Exception Area (CEA), municipal 

engineers for the Borough of Sayreville, 

O’Brien and Gere Engineers, provided 

NJDEP with information that was placed 

in the State’s CEA database which 

identifies what areas of the Site have 

ground-water contamination in excess 

of New Jersey Ground-Water Quality 

Standards. The CEA was established by 

NJDEP on June 14, 2007. 

V. Deletion Action 

EPA, with the concurrence of the 

State of New Jersey, has determined that 

all appropriate Fund-financed responses 

under CERCLA have been implemented, 

other than operation, maintenance and 

five-year reviews, and no further action 

by responsible parties is appropriate. 

Therefore, EPA is deleting the Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

deleting the Site without prior 

publication. This action will be effective 

September 29, 2011 unless EPA receives 

adverse comments by September 14, 

2011. If adverse comments are received 

within the 30-day public comment 

period of this action, EPA will publish 

a timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion and the deletion 

will not take effect. EPA will, if 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments received. In such a case, 

there will be no additional opportunity 

to comment. 


srobinson on DSK4SPTVN1PROD with RULES
50420 Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 4, 2011. 

Judith Enck, 

Regional Administrator, U.S. EPA Region 2. 

For the reasons set out in the 

preamble Part 300 Title 40 of Chapter I 

of the Code of Federal Regulations is 

amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O.12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry for 

‘‘NJ Sayreville Landfill, Sayreville’’. 

[FR Doc. 2011–20742 Filed 8–12–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified BFE 

determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p.376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 


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