Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations 2903

hazardous waste program that EPA

implements in the Indian country

within the State.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., Federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

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: January 5, 2000.

Jack W. McGraw,

Acting Regional Administrator, Region 8.

[FR Doc. 00–1067 Filed 1–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6525–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final deletion of the

Renora, Inc., Superfund Site from the

National Priorities List.

SUMMARY: The United States

Environmental Protection Agency (EPA)

Region II Office announces the deletion

of the Renora, Inc., Site from the

National Priorities List (NPL) and

requests public comment on this action.

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 of 1980 (CERCLA), as amended.

EPA and the New Jersey Department of

Environmental Protection (NJDEP) have

determined that all appropriate

response actions under CERCLA have

been implemented at the Site to protect

human health and the environment.

DATES: This ‘‘direct final’’ action will be

effective March 20, 2000 unless EPA

receives significant adverse or critical

comments by February 18, 2000. If

written significant adverse or critical

comments are received, EPA will

publish a timely withdrawal of the rule

in the Federal Register, informing the

public that the rule will not take effect.

ADDRESSES: Comments may be mailed

to: Grisell Dı ́az-Cotto, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region II, 290 Broadway-19th

Floor, New York, NY 10007–1866.

Comprehensive information on this

Site is available for viewing at the

Renora, Inc., Site information

repositories at the following locations:

Edison Township Public Library, 340

Plainfield Avenue, Edison, New

Jersey 08817, (732) 287–2298;

and

U.S. EPA Records Center, 290

Broadway—18th Floor, New York,

New York 10007–1866, Hours: 9:00

am to 5:00 pm—Monday through

Friday, Contact: Superfund Records

Center (212) 637–4308.

FOR FURTHER INFORMATION CONTACT:

Grisell Dı ́az-Cotto, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region II, 290 Broadway—19th

Floor, New York, New York 10007–

1866, (212) 637–4430.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

The United States Environmental

Protection Agency Region II announces

the deletion of the Renora, Inc., Site (the

‘‘Site’’), which is located in Edison

Township, Middlesex County, New

Jersey, from the National Priorities List

(NPL), which constitutes appendix B of

the National Oil and Hazardous

Substance Pollution Contingency Plan

(NCP), 40 CFR part 300, and requests

comments on this deletion. EPA

identifies sites that appear to present a

significant risk to public health, welfare,

or the environment and maintains the

NPL as the list of these sites. Pursuant

to 40 CFR 300.425(e) of the NCP, any

site or portion of a site deleted from the

National Priorities List remains eligible

for Fund-financed remedial actions if

future conditions at the site warrant

such action.

EPA will accept comments,

concerning this document, for thirty

days after publication of this document

in the Federal Register.

Section II of this document explains

the criteria for deleting sites from the

NPL. Section III discusses the

procedures that EPA is using for this

action. Section IV discusses the Renora,

Inc., Site and explains how the Site

meets the deletion criteria.

II. NPL Deletion Criteria

As described in § 300.425(e)(3) of the

NCP, sites may be deleted from the NPL

where no further response is

appropriate. In making a determination

to delete a site from the NPL, EPA, in

consultation with the New Jersey

Department of Environmental Protection

(NJDEP), shall consider whether any of

the following criteria have been met:

(i) Responsible parties or other persons

have implemented all appropriate response

actions required;

(ii) All appropriate responses under

CERCLA have been implemented, and no

further response action by responsible parties

is appropriate; or

(iii) The remedial investigation has shown

that the release poses no significant threat to

public health or the environment and,

therefore, taking of remedial measures is not

appropriate.

Deletion of a site from the NPL does

not preclude eligibility for subsequent

Fund-financed actions at the Site if

2904 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations

future Site conditions warrant such

actions. Section 300.425(e)(3) of the

NCP provides that Fund-financed

actions may be taken at sites that have

been deleted from the NPL. Further,

deletion of a site from the NPL does not

affect the liability of responsible parties

or impede Agency efforts to recover

costs associated with response efforts.

III. Deletion Procedures

The following procedures were used

for the intended deletion of this Site: (1)

EPA Region II issued a Record of

Decision (ROD) on September 28, 1987,

and a ROD Amendment on September

30, 1994, which identified the

appropriate remedial actions to be

undertaken at the Site; (2) Potentially

responsible parties completed all

remedial actions; (3) EPA Region 2

determined in a Site Close-Out Report

dated September 30, 1996, that all

construction activities were completed;

(4) The NJDEP concurred with the

proposed deletion in a letter dated July

8, 1998; (5) A notice has been published

in the local newspaper and has been

distributed to appropriate federal, state

and local officials and other interested

parties announcing a 30-day dissenting

public comment period on EPA’s Direct

Final action to delete; and (6) EPA

Region II recommends deletion and has

made all relevant documents available

for public review in the local Site

information repositories.

EPA is requesting only dissenting

comments on the Direct Final action to

delete. The NCP provides that EPA shall

not delete a site from the NPL until the

public has been afforded an opportunity

to comment on the proposed deletion.

Deletion of sites from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations. The

NPL is designed primarily for

informational purposes and to assist

Agency management of Superfund sites.

As mentioned in section II of this

document, § 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.

EPA’s Regional Office will accept and

evaluate public comments before

making a final decision to delete. If

appropriate, the Agency will prepare a

Responsiveness Summary to address

any significant public comments

received.

If EPA does not receive significant

adverse or critical comments and/or any

significant new data submitted during

the comment period, the site will be

deleted from the NPL, effective March

20, 2000.

IV. Basis for Intended Site Deletion

The following summary provides the

Agency’s rationale for the proposal to

delete this Site from the NPL.

A. Site Background

The Renora, Inc., Site is located at 83

South Main Street in the Bonhamtown

section of Edison Township, Middlesex

County, New Jersey. The Site occupies

approximately one acre of the total

property owned by the Clementi

Brothers, Inc., and is surrounded by a

chain link fence with locking gates. The

Clementi property is bordered by Mill

Brook to the north, the New Jersey

Turnpike to the south, Main Street to

the east and a Conrail right-of-way to

the west. Land use in the vicinity of the

Site is primarily light industrial and

residential. The Site is currently zoned

for commercial use.

B. History

Renora, Inc., operated at the Site from

1978 until 1982, transporting and

accepting materials containing

hazardous substances for transfer,

storage and blending. Contamination of

the Site occurred as a result of spills

during the transfer and blending of

hazardous substances, and container

leaks from the accumulated wastes.

EPA placed the Site on the National

Priorities List on September 9, 1983. In

1984, under EPA oversight, the

potentially responsible parties (PRPs)

removed all containers, contents, and

visibly contaminated soil from the Site.

In 1987, the PRPs completed a Remedial

Investigation/Feasibility Study (RI/FS)

to determine the nature and extent of

contamination at the Site and to develop

and evaluate remedial alternatives for

the Site.

A ROD for the site was signed on

September 28, 1987. The selected

remedy included the following

components: excavation and off-site

disposal of all polychlorinated biphenyl

(PCB) contaminated soils with

concentrations above 5 parts per million

(ppm); bioremediation of all

polynuclear aromatic hydrocarbon

(PAH) contaminated soils with

concentrations above 10 ppm, using

ground water as an irrigation medium in

the bioremediation treatment system;

and backfilling, grading and vegetation

of the Site. The PCB soil excavation and

site restoration phase of the selected

remedy was completed by the PRPs in

January 1989 and a final remedial action

report for this phase of the cleanup was

approved by EPA in 1990.

In 1990, treatability studies on the

PAH-contaminated soils indicated that

bioremediation was not effective in

reducing the PAH concentrations. A

Phase II FS and risk assessment were

performed, which concluded that PAHcontaminated surface soils were the

only remaining medium of concern at

the Site. Therefore, a modified remedy

was identified to address the PAHcontaminated surface soils.

Based on these findings, EPA issued

a ROD Amendment on September 30,

1994, documenting the selection of a

modified remedy for the Site. The major

components of the modified remedy

were: excavation and off-site disposal of

the top two feet of surface soils and any

debris from the entire site to an EPAapproved landfill; backfilling the Site

with clean fill; and grading and

vegetation of the Site. Excavation

activities were completed in October

1995 by the PRPs. Backfilling and

vegetating were completed in Spring

1996. A final inspection was conducted

at the Site in April 1996. The PRPs’ final

remedial action report was approved by

EPA in August 1996. EPA prepared a

Site Close-Out Report documenting the

completion of construction activities at

the Site in September 1996.

Having met the deletion criteria, EPA

proposes to delete this site from the

NPL. EPA and NJDEP have determined

that the response actions conducted to

date are protective of human health and

the environment.

C. Community Relations Activities

Public meetings were held during

1987 and 1994 prior to issuance of the

ROD and ROD Amendment for the Site.

Public comments were received and

addressed in the Responsiveness

Summaries appended to the ROD and

ROD Amendment. Regular Site updates

were mailed to area residents to keep

them informed about Site activities. In

addition, local officials were kept

apprised of Site progress.

D. Monitoring

The following analyses were

performed to confirm compliance with

the remedial action objectives:

• PCB contaminated soils were

excavated to a depth of four feet. All

excavated soils were stockpiled into

separate piles and sampled for PCB

content. Those soils exhibiting PCB

concentrations less than 5 ppm were left

on site; those exhibiting PCB

concentrations greater than or equal to

5 ppm were disposed of off-site at an

EPA approved landfill, Wayne Disposal,

Inc., in Belleville, Michigan. Postexcavation samples were then collected

from all areas where contaminated soils

were removed. Additional rounds of

excavation and post-excavation

sampling were conducted until the

Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations 2905

cleanup level was achieved in all areas

of concern.

• Once all excavation activities were

completed in 1995, the Site was

surveyed to ensure that the top two feet

of soil had been excavated from the

entire Site. Following backfilling, the

Site was graded to match the original

Site grading.

• A rigorous testing regime was

established to ensure that the clean

backfill material and topsoil were

suitable for use at the Site. Prior to

approval for use by EPA and NJDEP, the

fill and topsoil were analyzed for total

petroleum hydrocarbons, total cyanide,

pesticides, PCBs, metals, and semivolatile and volatile organic

compounds.

E. Operation and Maintenance

Since the remedy involved the

removal of contaminated soils from the

site, there are no operation and

maintenance requirements. However,

two quarterly site inspections were

performed following the completion of

the remedial action to determine if there

were any erosion of the clean fill or

problems with growth of vegetation.

Since no problems were observed, no

further quarterly inspections were

planned.

Although EPA’s ROD, as amended,

did not require institutional controls,

NJDEP independently required that the

Site owner place a Declaration of

Environmental Restrictions (DER) on the

Site which states that the owner and

operators shall not excavate, nor allow

to be excavated, subsurface soils beyond

a depth exceeding five feet. This DER

shall remain in effect until terminated

by NJDEP.

F. Protectiveness

All the completion requirements for

this Site have been met as specified in

the Office of Solid Waste and

Emergency Response Directive ‘‘Close

Out Procedures for National Priorities

List Sites’’. Contaminated Site soils

were remediated as directed in the 1987

ROD and the 1994 ROD Amendment.

Confirmatory sampling of the clean fill

provided further assurance that the Site

no longer poses a threat to human

health or the environment.

EPA and NJDEP have determined that

all appropriate Fund-financed responses

under CERCLA at the Renora, Inc., Site

have been completed, and that no

further cleanup by responsible parties is

expected. Consequently, EPA is

proposing deletion of this Site from the

NPL. Documents supporting this action

are available in the docket.

V. Action

The remedy selected for this Site has

been implemented in accordance with

the Record of Decision. Therefore, no

further response action is necessary.

The remedy has resulted in the

significant reduction of the long-term

potential for release of contaminants,

therefore, human health and potential

environmental impacts have been

minimized. EPA and the State of New

Jersey find that the remedy

implemented continues to provide

adequate protection of human health

and the environment.

The State of New Jersey concurs with

EPA that the criteria for deletion of the

release have been met. Therefore, EPA

is deleting the Site from the NPL.

This action will be effective March 20,

2000. However, if EPA receives

dissenting comments before or on

February 18, 2000, EPA will publish a

document that withdraws this action.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: January 3, 2000.

William J. Muszynski,

Acting Regional Administrator, Region 2.

Part 300, Title 40 of Chapter 1 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: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); 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—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the entry for

Renora, Inc. site, Edison Township,

New Jersey.

[FR Doc. 00–1089 Filed 1–18–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6524–9]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final deletion of the

Katonah Municipal Well Superfund site

from the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA), Region II, announces the

deletion of the Katonah Municipal Well

site (Site), from the National Priorities

List (NPL) and requests public comment

on this action. 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), as amended, 42 U.S.C.

9601 et seq. EPA and the New York

State Department of Environmental

Conservation (NYSDEC) have

determined that all appropriate CERCLA

actions have been implemented and

that, aside from operations and

maintenance, no further cleanup by

responsible parties is appropriate.

Moreover, EPA and NYSDEC have

determined that the Site poses no

significant threat to public health and

the environment.

EFFECTIVE DATES: This ‘‘direct final’’

action will be effective March 20, 2000

unless EPA receives significant adverse

or critical comments by February 18,

2000. If written significant adverse or

critical comments are received, EPA

will publish a timely withdrawal of the

rule in the Federal Register, informing

the public that the rule will not take

effect.

ADDRESSES: Comments should be

submitted to: Damian J. Duda, Remedial

Project Manager, Emergency and

Remedial Response Division, U.S.

Environmental Protection Agency,

Region II, 290 Broadway, 20th Floor,

New York, New York 10007–1866.

Comprehensive information on this

Site is available through the public

docket contained at: U.S. Environmental

Protection Agency, Region II, Superfund

Records Center, 290 Broadway, Room

1828, New York, New York 10007–1866,

(212) 637–4308, Hours: 9:00 AM to 5:00

PM, Monday through Friday.

Information on the Site is also

available for viewing at the following