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

2906 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations

information repository: Katonah Village

Library, 28 Bedford Road, Katonah, New

York 10536, (914) 232–3508.

FOR FURTHER INFORMATION CONTACT: Mr.

Duda may be contacted at the above

address, by telephone at (212) 637–

4270, by FAX at (212) 637–3966 or via

e-mail at duda.damian@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

EPA Region II announces the deletion

of the Katonah Municipal Well site

(Site), located in the Village of Katonah,

Town of Bedford, Westchester County,

New York, 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 Contingency Plan (NCP).

EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of remedial actions financed by

the Hazardous Substances Superfund

Response Trust Fund (Fund). Pursuant

to § 300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed remedial actions in

the unlikely event that 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 Katonah

Municipal Well site and explains how

the Site meets the deletion criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the

NPL. In accordance with § 300.425(e) of

the NCP, sites may be deleted from the

NPL where no further response is

appropriate. In making this

determination, EPA shall consider

whether any of the following criteria has

been met:

(i) Responsible or other parties have

implemented all appropriate response

actions required; or,

(ii) All appropriate 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, taking

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

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 are being

used for the intended deletion of this

Site:

(1) EPA Region II issued a Record of

Decision (ROD) in September 1987,

which described the selected remedy at

the Site.

(2) A Potentially Responsible Party

(PRP) designed and constructed the

remedy at the Site. EPA and the State of

New York oversaw the design and

construction activities. EPA prepared a

Final Closeout Report, which

documents that the remedy was

implemented in accordance with the

ROD.

(3) A five-year review, dated

September 30, 1997, determined that the

Site remedies are achieving their

objectives and that the treatment system

is operating as intended. These

remedies remain protective of public

health and the environment.

(4) EPA Region II issued a Final

Closeout Report, dated January 3, 2000,

which found that responsible parties or

other persons have implemented all

appropriate response actions.

(5) EPA Region II recommends

deletion and has made all the relevant

documents available in the regional

office and local information repository.

(6) NYSDEC has concurred with the

deletion decision in a letter dated

November 4, 1999.

(7) A notice has been published in a

local newspaper and has been

distributed to appropriate Federal, state

and local officials and other interested

parties, announcing a thirty (30) day

dissenting public comment period on

EPA’s Direct Final Action to Delete.

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 a site from the NPL does not

affect responsible party liability or

impede Agency efforts to recover costs

associated with response efforts. The

NPL is designed primarily for

informational purposes and to assist

Agency management of Superfund sites.

EPA Region II will accept and

evaluate public comments before

making a final decision to delete. If

necessary, EPA Region II will prepare a

Responsiveness Summary to address

any significant comments received

during the public comment period.

If EPA does not receive significant

adverse or critical comments and/or

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 Site is located in the Village of

Katonah (Village), Town of Bedford

(Town), Westchester County, New York

and is situated on a narrow peninsula

extending eastward into the Muscoot

Reservoir, which supplies drinking

water to New York City.

Before it was shut down in 1978, the

Katonah Municipal Well provided over

sixty percent of the water supply for

6,200 people in the Village.

In 1978, the Westchester County

Department of Health (WCDOH) first

discovered organic contamination,

including tetrachloroethylene (also

called perchloroethylene (PCE),

dibromochloromethane,

bromodichloromethane and bromoform,

in the Katonah Municipal Well. As a

result, the well was shut down

permanently.

In 1979, four upgradient dry cleaning

establishments were identified as

possible contamination sources. The dry

cleaning establishments were required

by WCDOH to pump out their septic

systems and to modify their disposal

techniques.

On September 25, 1987, EPA issued a

Record of Decision. The selected

remedy included (1) construction of a

new 370 gpm production well with an

air stripper and disinfection unit; (2)

controlling contaminant migration

through pumping of the production well

and treatment of extracted groundwater;

(3) filling and sealing the existing

Katonah Municipal Well to prevent the

further migration of contaminants into

the aquifer; (4) monitoring of the treated

water to detect the presence of

identified contaminants in the treated

water; and, (5) general cleanup of the

peninsula area to remove construction

debris. This remedy is considered a

containment remedy. Aquifer

restoration is a secondary goal which

may be achieved through the ongoing

operation of the system.

Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Rules and Regulations 2907

On July 7, 1989, EPA entered into a

Consent Decree with the Town to

conduct the remedial action, and

construction activities were completed

in May 1992.

Construction activities consisted of

the installation of (1) a new 370 gpm

production well with two pumps, (2) a

packed column air stripping tower

designed for the removal of 99.4% of

PCE to a level of less than 1 part per

billion (ppb) in the effluent and (3) a

chlorination system for disinfection.

Since September 1992, treated water is

discharged to the Bedford Consolidated

Water District distribution system for

use as a drinking water supply. The

analyses of the treated water samples

from the Katonah Municipal Well show

that the levels of PCE continue to be

below 1 ppb.

The construction completion of the

remedies were documented in a

Preliminary Close Out report dated July

7, 1992. A September 30, 1997 five-year

review found the remedies to be

protective of human health and the

environment. The final Close Out

Report, dated January 3, 2000, found

that the responsible parties or other

persons have implemented all

appropriate required actions.

Actions remaining to be performed

include continuation of the quarterly

water quality sampling program and

continuation of operation and

maintenance activities. The O+M

activities for the Site are covered under

the regulatory authority established

under the Federal Safe Drinking Water

Act. This Site is also subject to review

of the remedies, selected under

CERCLA, every five years in accordance

with § 300.430(f)(4)(ii) of the NCP. The

next five-year review will be conducted

on or before September 30, 2002.

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

York find that the remedy implemented

continues to provide adequate

protection of human health and the

environment.

The State of New York 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 by February 18,

2000, EPA will publish a document that

withdraws this action.

List of Subjects in 40 CFR Part 300

Environmental protection, Chemicals,

Hazardous substances, Hazardous

wastes, Intergovernmental relations,

Penalties, 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

Katonah Municipal Well, Town of

Bedford, New York.

[FR Doc. 00–1084 Filed 1–18–00; 8:45 am]

BILLING CODE 6560–50–P