[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Rules and Regulations]
[Pages 50414-50420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20742]


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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.

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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 
five-year reviews, have been completed. However, this deletion does not 
preclude future actions under Superfund.

[[Page 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:
    <bullet> http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#6e1d0f0205070b400a070f000b2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="750614191e1c105b111c141b10351005145b121a03">[email protected]</span></a>.
    <bullet> Fax: 212-637-4393.
    <bullet> 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.
    <bullet> 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 e-mail 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: <a href="/cdn-cgi/l/email-protection#5122303d3a38347f3538303f34113421307f363e27"><span class="__cf_email__" data-cfemail="6310020f080a064d070a020d06230613024d040c15">[email protected]</span></a>.

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

[[Page 50416]]

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 Bordentown-Amboy 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

[[Page 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:
    <bullet> Fencing of the Site to restrict access and the 
establishment of deed restrictions;
    <bullet> 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;
    <bullet> Construction of an access road and storm water and passive 
gas management systems;
    <bullet> Removal and off-site thermal treatment of buried drums 
containing hazardous wastes;
    <bullet> Intensive groundwater, surface waters, stream sediments 
and air sampling and monitoring; and
    <bullet> 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:
    <bullet> 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.
    <bullet> Implementation of a Deed Notice to prevent any intrusive 
activities into the landfill cap.
    <bullet> 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 ground-water 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

[[Page 50418]]

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 [mu]g/L in 2001 but has since declined to 6.7 
[mu]g/L, below the MCL of 15 [micro]g/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 Post-Closure 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 [mu]g/L 
and has fluctuated from non-detect to the current level of 1.3 [mu]g/L 
slightly above the NJDEP GWQS of 1 [mu]g/L and below the MCL of 5 
[mu]g/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 [mu]g/L in 2004 
but has since declined to 10 [mu]g/L, below the MCL of 15 [mu]g/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 semi-annual 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.

[[Page 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 long-term 
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.

[[Page 50420]]

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]

0
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]

0
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


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