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[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Proposed Rules]
[Pages 59182-59186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23354]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2001-0002; FRL-9917-27-Region-2]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Consolidated Iron and Metal 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, is 
issuing a Notice of Intent to Delete the Consolidated Iron and Metal 
Superfund Site (Site), located in the City of Newburgh, Orange County, 
New York, from the National Priorities List (NPL) and requests public 
comments on this proposed action. 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). 
The EPA and the State of New York, through the New York State 
Department of Environmental Conservation (NYSDEC), have determined that 
all appropriate response actions under CERCLA, other than operation, 
maintenance, and five-year reviews, have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: Comments must be received by October 31, 2014.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2001-0002, by one of the following methods:
     Web site: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: negrelli.mike@epa.gov.
     Mail: To the attention of Michael Negrelli, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region 2, 
Emergency and Remedial Response Division, 290 Broadway, 20th Floor, New 
York, NY 10007-1866.
     Hand Delivery: Superfund Records Center, 290 Broadway, 
18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308). Such 
deliveries are only accepted during the Record Center's normal hours of 
operation (Monday to Friday from 9:00 a.m. to 5:00 p.m.). Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2001-0002. EPA's policy is that all comments received will be included 
in the public 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 to be CBI or otherwise protected through http://www.regulations.gov or email. 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 comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comments and with any 
disk or CD-ROM that you submit. If EPA cannot read your comments 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 and any form of encryption and 
should 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are 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 9:00 a.m. to 5:00 p.m.
and

Newburgh Free Library, Consolidated Iron and Metal Site Repository 
File, 124 Grand Street, Newburgh, NY 12550, Phone: 845-563-3600, Hours: 
Monday & Thursday from 9:00 a.m. to 9:00 p.m., Tuesday, Wednesday, & 
Friday from 9:00 a.m. to 5:00 p.m., Saturday from 10:00 a.m. to 3:00 
p.m.

FOR FURTHER INFORMATION CONTACT: Michael Negrelli, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, Emergency and 
Remedial Response Division, 290 Broadway, 20th floor, New York, NY 
10007-1866; (212) 637-4278; negrelli.mike@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region 2 is announcing its intent to delete the Consolidated 
Iron and Metal Superfund Site from the NPL and requests public comment 
on this proposed action. The NPL constitutes Appendix B of 40 CFR part 
300, which

[[Page 59183]]

is the NCP, which EPA promulgated pursuant to Section 105 of CERCLA, 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 
40 CFR 300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for Fund-financed remedial actions if future conditions 
warrant such actions.
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) 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 procedures that EPA is using 
for this action. Section IV discusses the Consolidated Iron and Metal 
Superfund Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other parties have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release of 
hazardous substances poses no significant threat to public health or 
the environment and, therefore, taking of remedial measures is not 
appropriate.
    Pursuant to CERCLA section 121 (c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site.
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete.
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of New York, through the NYSDEC, has concurred with 
deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, The Times Herald Record. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent to Delete the Site from the NPL.
    (6) 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.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
Site information repositories listed above.
    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 EPA's rationale for deleting the 
Site from the NPL.

Site Background and History

    The Consolidated Iron and Metal Site is an inactive car and scrap 
metal junk yard located at the foot of Washington Street in the City of 
Newburgh, Orange County, New York. The facility operated from the 1950s 
until 1999. The Site occupies about eight acres of land bordering the 
Hudson River in a mixed industrial, commercial, and residential area.
    Scrap metal processing and storage operations took place at the 
Site during its period of operation. Various types of scrap metal were 
received, including whole automobiles, automobile engines, 
transmissions, batteries, keypunch machines, computer parts, white 
goods (appliances), and transformers. A smelter was used primarily to 
melt aluminum transmissions to produce a reusable aluminum product. 
Other materials were also smelted, resulting in a lead-contaminated 
ash/slag by-product. Other operations included sorting ferrous and non-
ferrous scrap metal for recycling, baling and shearing large pieces of 
metal, including whole cars, into smaller pieces for transport, and 
flattening of cars. From 1997 to 1999, the NYSDEC conducted several 
inspections at the facility and cited the owner for a number of 
violations. Subsequent inspections by NYSDEC noted that the owner had 
failed to adequately correct the violations and in the fall of 1999, 
the New York State Attorney General shut down operations at the Site 
for various violations, including illegal discharges to surface water 
without a permit.
    In August 1998, EPA sampled an ash/slag pile at the Site that was 
generated by the aluminum smelting operation and found it to be 
contaminated with lead and polychlorinated biphenyls (PCBs). The scrap 
metal in the pile was segregated out and the resulting fines pile, 
estimated at 6,600 tons, was removed from the Site in 1999 and placed 
in an approved treatment, storage, and disposal facility (TSDF) for 
stabilization and landfilling. Also in 1999, EPA sampled other 
processed soil piles at the Site which were also found to be 
contaminated with lead and PCBs; these soil piles were similarly 
transferred to an approved TSDF. Additionally in 1999, EPA constructed 
a berm from Site soils to prevent storm water from carrying Site 
contaminants into the Hudson River.
    In September 1999, EPA conducted a preliminary study at the Site to 
determine the horizontal and vertical extent of contamination. Surface 
and subsurface soil and groundwater samples were collected and 
analyzed,

[[Page 59184]]

indicating the presence of volatile organic compounds (VOCs), 
semivolatile organic compounds (SVOCs), pesticides, PCBs, and metals at 
concentrations greater than background in the surface and subsurface 
soils. Further, PCBs and metals were detected in Hudson River 
sediments, which is a fishery and ecologically sensitive environment. 
Accordingly, the Site was proposed to the NPL on December 1, 2000 (65 
FR 75215) and placed on the NPL on June 14, 2001 (66 FR 32235).

Remedial Investigation and Feasibility Study

    In 2002, EPA developed a work plan for the performance of a 
remedial investigation and feasibility study (RI/FS) to more thoroughly 
determine the extent of contamination at the Site and to devise 
alternatives to mitigate the contamination. Prior to conducting the RI, 
it was necessary to clear the Site of the debris and some of the 
structures located on-Site. Accordingly, from June to September 2003, 
EPA conducted Site clearing operations which included the removal of 
tires, scrap metal, concrete, lead-impacted soil, and hydraulic oil 
from the Site and the demolition and clearing of the office building 
and three process-area buildings. The RI was initiated in June 2004 and 
followed by a FS in 2005 to evaluate potential alternatives to address 
the widespread soil contamination at the Site. A preferred alternative 
was presented to the public for review and comment in July 2006. 
Results or the RI and FS were summarized in the Record of Decision 
(ROD) issued by EPA in 2006.

Selected Remedy

    The Site remedy was selected and memorialized in the Site ROD which 
was issued on October 4, 2006. The elements of the selected remedy were 
as follows:
     A remedial design (RD) program to provide the details 
necessary for the construction and monitoring of the remedial program;
     Removal and off-Site disposal of surface debris and 
demolition, removal, and off-Site disposal of the foundations/basements 
of the former process area buildings and of the former garage in its 
entirety;
     Excavation and off-Site disposal of contaminated soil 
exceeding the residential preliminary remediation goal (PRG) for lead 
(400 parts per million (ppm)) down to six feet below ground surface 
(bgs);
     Excavation and off-Site disposal of contaminated soil 
exceeding the PRG for VOCs and PCBs in subsurface soils (10 ppm total 
for each) to the water table;
     Placement of a readily-visible demarcation material at the 
interface between the excavations and backfill;
     Backfilling the excavated soil with clean fill, meeting 
the PRG values, to grade;
     Imposition of institutional controls in the form of an 
environmental easement and/or restrictive covenant that will at a 
minimum require: (a) Restricting any excavation below the soil cover's 
demarcation layer of six feet unless the excavation activities are in 
compliance with an EPA-approved site management plan (SMP); (b) 
restricting new construction at the Site unless an evaluation of the 
potential for vapor intrusion is conducted and mitigation, if 
necessary, is performed in compliance with an EPA-approved SMP; and (c) 
restricting the use of groundwater as a source of potable or process 
water unless groundwater quality standards are met;
     Development of a SMP that provides for the proper 
management of all Site remedy components post-construction, such as 
institutional controls, and that shall also include: (a) Monitoring of 
Site groundwater to ensure that, following the soil excavation, the 
contamination is attenuating and groundwater quality continues to 
improve; (b) an inventory of any use restrictions on the Site; (c) 
necessary provisions for ensuring the easement/covenant remains in 
place and is effective; (d) provision for any operation and maintenance 
required of the components of the remedy, and (e) the requirement that 
the owner or person implementing the remedy submit periodic 
certifications that the institutional and engineering controls are in 
place; and
     Periodic reviews by EPA to ensure that the remedy 
continues to be protective of public health and the environment.

Response Actions

    In early 2007, EPA provided notice to the potentially responsible 
parties (PRPs) identified for the Site, offering them the opportunity 
to undertake the work. Negotiations concluded in 2008 with a Consent 
Decree cashout settlement entered into by certain of the PRPs and EPA, 
with EPA performing the work with a combination of PRP and federal 
funding. Under this Consent Decree, the City of Newburgh, as Site 
owner, also agreed to develop the SMP and the environmental easement/
restrictive covenant placed on the Site. The Consent Decree was entered 
by the Court in February 2009.
    In spring 2008, EPA conducted a topographic survey, geophysical 
survey, geoprobe sampling program, and test pit excavations to develop 
a design document for the remedial construction. The RD report was 
completed in October 2009.
    From September through November 2008, EPA conducted certain 
preparatory activities at the Site to facilitate the remedial 
construction. These activities included the demolition and removal of 
the garage, the demolition and removal of the remaining building 
foundations, the removal of scrap metal and debris, and the dismantling 
and removal of a truck frame and metal barges from the shoreline of the 
Site. The former building foundation areas were backfilled with clean 
material and the truck frame and barge areas of the Site were replaced 
with boulders to restore the shoreline. The contaminated soil 
associated with the building foundation removal was sampled for 
disposal purposes and shipped to an appropriate facility in December 
2008.
    Following the preparatory activities, construction of the remedial 
action commenced on July 6, 2009. The work was done by EPA under the 
Emergency Rapid Response Services contract; the prime contractor was 
WRS Infrastructure & Environment Inc. The work was divided into two 
phases: Phase One involved the excavation and off-Site disposal of 
60,000 tons of Site soils across the southern half of the Site to a 
depth of approximately six feet and backfilling with clean fill. Phase 
Two involved the excavation and off-Site disposal of approximately 
30,000 tons of PCB and VOC impacted soils to the water table and the 
excavation and off-Site disposal of remaining Site soils, approximately 
27,000 tons, covering the northern third of the Site to a depth of six 
feet (or deeper in the areas where site processes were conducted) and 
backfilling with clean fill. Phase One was completed in October 2009 
and Phase Two was completed in August 2010.
    Soil excavation and transport was carried out using clean-diesel 
equipment in accordance with the Region 2 Clean and Green policy. 
Excavated soil was transported under Phase One to a nearby rail depot 
in Newburgh, while excavated soil was transported under Phase Two to a 
rail depot in Middletown, New York. Soil was tested before leaving the 
Site to ensure its disposal in an appropriate facility. Trucks and 
railcars were lined and sealed to prevent spillage of material during 
transport and transfer.
    Backfilling was performed concurrently with the excavation, 
maintaining an adequate buffer zone to

[[Page 59185]]

avoid cross contamination. Backfill material was tested for suitability 
before placement, meeting the guidelines set by NYSDEC for restricted 
residential use and the PRG values required by the ROD to be met for 
backfill. Prior to placement of the backfill, the base of the 
excavation was sampled on a 50-foot grid to characterize and document 
the soil remaining on Site; samples were analyzed for VOCs, SVOCs, 
PCBs, and metals. Geotextile fabric was then placed to demarcate the 
interface between potentially contaminated soil and clean backfill 
material. For approximately 80% of the Site, select structural fill 
suitable for redevelopment of the Site was placed in one-foot lifts and 
compacted to specification using a vibratory roller, and graded to 
design specification. The remaining 20% of the Site, essentially a 100-
foot buffer along the river edge, required additional allowances for 
subsurface drainage and the backfill consisted of select structural 
fill, clean stone, geotextile, and silty loam or bank run. The eastern 
Site boundary adjacent to the Hudson River was graded to match the 
grade of the backfilled material and the bank fortified with rip rap 
along the entire river front. To allow for drainage along the north end 
of the Site, a shallow surface swale was constructed just inside the 
north fence line using the backfilled material. Following reaching 
final grade with backfill soil, the entire Site was covered with a 
minimum of six inches of topsoil and hydroseeded to provide a 
vegetative cover to ensure dust and erosion control.
    Excavation, transport and backfilling were conducted from July 2009 
through August 2010. Surveying was performed during the entire 
operation by a New York State licensed surveyor for documentation 
purposes and to ensure that lift layer depths were accurate. Dust 
suppression and air monitoring were routinely performed in accordance 
with design specifications.
    In addition to the work performed on the Site, at the request of 
the New York State Department of Health (NYSDOH), EPA removed soils 
just beyond the north and south property boundaries to a depth of 
approximately two feet (where not hindered by utilities) and backfilled 
with clean fill. This was done to ensure that any contaminated soil 
that may have migrated beyond the Site property was also mitigated.
    EPA conducted a pre-final inspection with NYSDEC at the Site on 
June 9, 2010, and a punch list was compiled. A final inspection of the 
Ste conducted on August 18, 2010 confirmed that all of the punch list 
items were determined to be completed. EPA completed its Remedial 
Action Report (RAR) for the Site on March 16, 2012. The RAR documented 
all the remedial activities conducted at the Site and included as-built 
drawings to document Site conditions at completion. The City of 
Newburgh, as current property owner, is responsible for management of 
the Site in accordance with the SMP developed for post-remediation uses 
of the Site. Site management responsibilities will be transferred to 
any future Site owner.
    The ROD called for the following with respect to institutional 
controls: imposition of institutional controls in the form of an 
environmental easement and/or restrictive covenant that will at a 
minimum require: (a) Restricting any excavation below the soil cover's 
demarcation layer of generally six feet (deeper in some areas of the 
Site and shallower in others) unless the excavation activities are in 
compliance with an EPA-approved SMP; (b) restricting new construction 
at the Site unless an evaluation of the potential for vapor intrusion 
is conducted and mitigation, if necessary, is performed in compliance 
with an EPA-approved SMP; and (c) restricting the use of groundwater as 
a source of potable or process water unless groundwater quality 
standards are met. The restrictions are memorialized in an 
environmental easement filed with the Orange County Clerk on September 
11, 2012. The environmental easement is filed on the eight acre parcel 
comprising the Site, identified in municipal records as Section 40, 
Block 3, Lot 3.

Cleanup Levels

    Data are collected and reviewed to ensure that remedial action 
objectives (RAOs) are met following implementation of the remedial 
action. For this Site, RAOs were only established for soil. The RAOs 
for soil are: (1) Prevent or minimize exposure to human and ecological 
receptors through ingestion and inhalation of or dermal contact with 
contaminated soils; and (2) minimize or eliminate contaminant migration 
from Site soils to groundwater and surface water. These RAOs and the 
associated cleanup levels set forth in the ROD were met upon completion 
of the remedial construction, documented in the RAR for the Site dated 
March 16, 2012.
    Due to the limited risks and exposure to the groundwater at this 
Site, institutional controls are deemed adequate to address any 
potential future exposure. Specifically, deed restrictions have been 
imposed to prevent the use of groundwater as a source of potable or 
process water unless groundwater quality standards are met. Long-term 
monitoring will be conducted to ensure that the selected Site remedy is 
protective of human health and the environment. The groundwater will be 
monitored as part of the post-construction response action to ensure 
that the contamination is attenuating and groundwater quality continues 
to improve.
    In May 2013, groundwater samples were collected from the ten 
monitoring wells (MWs) re-developed at the Site following construction. 
Samples were analyzed for VOCs, SVOCs, PCBs, and inorganics.
    VOCs were detected above screening criteria in two samples. 
Benzene, toluene, ethylbenzene, and m,p-xylene exceeded screening 
criteria in the sample collected from MW-1, with values of 22 
micrograms per liter (ug/L), 9.9 ug/L, 720 ug/L, and 73 ug/L 
respectively. The sample collected from upgradient monitoring well MW-9 
contained benzene at 5 ug/L.
    The inorganic elements iron, magnesium, manganese, sodium, and zinc 
exceeded the screening criteria in most wells. However, these metals 
occur in high concentrations naturally in New York State and the trend 
in the levels measured in 2013 compared to levels measured in 2004 
indicates decreasing concentrations. In addition, these screening 
criteria are secondary maximum contaminant levels (MCLs) established by 
the Safe Drinking Water Act. They will continue to be monitored. The 
contaminant of concern, lead, was detected above the screening 
criterion in a single sample collected from MW-6, at 70 ug/L.
    Groundwater data review indicates that the low levels of 
contamination in Site groundwater are attenuating and groundwater 
quality has improved compared to baseline levels measured prior to 
remedial activities. The main contaminants of concern identified in the 
ROD were benzene and lead. In the 2013 sampling event, benzene was 
detected in both the background well and one on-Site well. Lead was 
detected in only one well above federal drinking water standards. These 
data support the ROD assumption that the groundwater contamination is 
localized and the decrease in frequency indicates that limited residual 
groundwater contamination has attenuated. The environmental easement 
placed on the Site property restricts the use of groundwater as a 
source of potable or process water unless groundwater quality standards 
are met. Groundwater quality will continue to be monitored in 
accordance with the SMP.

[[Page 59186]]

Operation and Maintenance

    The ROD called for the development of an SMP to provide for the 
proper management of all post-construction remedy components. The SMP 
was approved in June 2014.
    The SMP includes operation and maintenance (O&M) activities 
required for the Site. Because there are no mechanical systems 
installed at the Site, O&M activities consist of periodic inspections 
of the Site property (minimally once per year and additionally 
following severe weather events) to note general Site conditions and to 
ensure that the security fence and monitoring wells are in good repair. 
Groundwater sampling of the ten on-Site monitoring wells is conducted 
in accordance with the schedule established in the SMP to verify that 
the low levels of contamination in Site groundwater are attenuating and 
that groundwater quality improves as a result of the Site remediation.
    In addition to media monitoring, O&M activities include periodic 
certification that the institutional controls established in the 
environmental easement attached to the Site property are unchanged and 
that nothing has occurred that would impair the ability to protect 
public health and the environment or otherwise constitute a violation 
or failure to comply with Site controls. This certification is provided 
in the Periodic Review Report, to be submitted annually by the Site 
owner.

Five-Year Review

    Hazardous substances remain at this Site above levels that would 
allow for unlimited use and unrestricted exposure. Therefore, pursuant 
to CERCLA Section 121(c), EPA is required to conduct a review of the 
remedy at least once every five years. The first five-year review was 
completed on July 16, 2014. No issues, recommendations or follow-up 
actions have been identified during the five-year review. The five-year 
review concluded that the implemented remedy for the Site is protective 
of human health and the environment.

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. As part of the remedy selection process, the public was invited 
to comment on the proposed remedy. All other documents and information 
that EPA relied on or considered in recommending this deletion are 
available for the public to review at the information repositories 
identified above.

Determination That the Site Meets the Criteria for Deletion From the 
NCP

    All of the completion requirements for this Site have been met, as 
described in the June 30, 2014 Final Close-Out Report. The State of New 
York, in a May 30, 2014 letter, concurred with the proposed deletion of 
this Site from the NPL. As described in this Notice of Intent to 
Delete, the implemented remedy achieves the degree of cleanup specified 
in the ROD for all exposure pathways; the selected RAOs for the Site 
and associated cleanup levels are consistent with agency policy and 
guidance; and no further Superfund response is needed to protect human 
health and the environment.
    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 
[40 CFR 300.425(e)]. EPA, with the concurrence of the State of New 
York, believes that this criterion for deletion has been met. 
Consequently, EPA is intending to delete this Site from the NPL. 
Documents supporting this action are available for review at the 
information repositories identified above.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    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.

     Dated: September 19, 2014.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2014-23354 Filed 9-30-14; 8:45 am]
BILLING CODE 6560-50-P
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