50044 Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 

Dated: August 9, 2012. 

Judith A. Enck, 

Regional Administrator, EPA, Region 2. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

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

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

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

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘Hooker (Hyde 

Park)’’, ‘‘Niagara Falls ’’ under NY. 

[FR Doc. 2012–20267 Filed 8–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL 9717–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the W.R. Grace & Co., Inc./Wayne 

Interim Storage (USDOE) Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region II is publishing a 

direct final Notice of Deletion of the 

W.R. Grace & Co., Inc./Wayne Interim 

Storage (USDOE) Superfund Site (the 

Site), located at 868 Black Oak Ridge 

Road, Wayne Township, NJ 07470, 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 deletion is being published by EPA 

with the concurrence of the State of 

New Jersey, through the Department of 

Environmental Protection, because EPA 

has determined that all appropriate 

response actions under CERCLA, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective on September 30, 2012, unless 

EPA receives adverse comments by 

September 19, 2012. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

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–2005–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: ingrisano.paul@epa.gov. 

• Fax: 212–637–3256. 

• Mail: Paul G. Ingrisano, Project 

Manager, Federal Facilities Section, 

Emergency & Remedial Response 

Division, U.S. EPA, Region II, 290 

Broadway, 18th floor, New York, NY 

10007–1866. 

• Hand Delivery: U.S. EPA Superfund 

Records Center, Region II, 290 

Broadway, 18th floor, New York, NY 

10007–1866. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2005– 

0011. 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 comment and with any 

disk or CD–ROM 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 comment. 

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 are available 

either electronically in http://www.

regulations.gov or in hard copy at: 

U.S. EPA Superfund Records Center, 

Region II, 290 Broadway, 18th floor, 

New York, NY 10007–1866. Business 

hours: 9 a.m. to 5 p.m., Monday 

through Friday. Phone 212–637–4308. 

Wayne Public Library, 461 Valley Road, 

Wayne, NJ 07470. Business hours: 9 

a.m. to 9 p.m., Monday through 

Thursday; 9 a.m. to 5:30 p.m., Friday; 

10 a.m. to 5 p.m., Saturday; closed 

Sunday, June through August; 1 p.m. 

to 5 p.m., September through May. 

Phone 973–694–4272. 

FOR FURTHER INFORMATION CONTACT: Paul 

G. Ingrisano, Project Manager, U.S. EPA, 

Region II, 18th Floor, 290 Broadway, 

New York, NY 10007–1866, 212–637– 

4337, email: ingrisano.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region II is publishing this direct 

final Notice of Deletion of the Site, from 

the NPL The NPL constitutes Appendix 

B of 40 CFR part 300, which 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 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. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective on September 

30, 2012, unless EPA receives adverse 

comments by September 19, 2012. 

Along with this direct final Notice of 

Deletion, EPA is co-publishing a Notice 

of Intent To Delete in the ‘‘Proposed 

Rules’’ section of the Federal Register. 

If adverse comments are received within 

the 30-day public comment period on 

this deletion action, EPA will publish a 


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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 Site and demonstrates 

how it meets the deletion criteria. 

Section V discusses EPA’s action to 

delete the Site from the NPL unless 

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 persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has 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, the taking 

of remedial measures is not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the 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 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 North Jersey Herald & News. 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 information provides 

EPA’s rationale for deleting the W.R 

Grace & Co., Inc./Wayne Interim Storage 

(USDOE) Superfund Site (the Site) from 

the NPL: 

Site Background and History 

The Site is approximately 6.5 acres 

located at 868 Black Oak Ridge Road at 

the intersection with Pompton Plains 

Cross Road in Wayne Township, Passaic 

County, New Jersey. The Vicinity 

Properties (VPs) are commercial and 

residential areas, and a Township Park, 

all located within one-half mile to the 

west and west-southwest of the Site 

which were affected by contaminant 

migration from the Site along Sheffield 

Brook, which flows downstream to the 

Pompton River. The Site is in a highly 

developed area of northern New Jersey, 

approximately 20 miles north-northwest 

of Newark, New Jersey. The Site 

CERCLIS ID Number is NJ1891837980. 

From 1948 through 1957, Rare Earths, 

Inc. processed monazite sand at the Site 

to extract thorium and rare earth metals. 

The Davison Chemical Division of W.R. 

Grace acquired the Site in 1957 and 

processing activities continued until 

July 1971. After processing ceased in 

1971, the facility was licensed by the 

Atomic Energy Commission (AEC) for 

storage only. In 1974, W.R. Grace 

partially decontaminated the Site. Some 

buildings were razed and the rubble and 

processing equipment were buried on 

the property. 

In 1974, the Nuclear Regulatory 

Commission (NRC) assumed licensing 

responsibilities formerly held by the 

AEC. In 1975, the storage license for 

radioactive materials was terminated by 

the NRC following Site 

decommissioning and the Site was 

released without radiological restriction; 

the only stipulation was that the 

property deed state that radioactive 

materials were buried on the property. 

In 1981, as part of the review of 

formerly licensed facilities, the NRC 

measured direct radiation levels and 

radionuclide concentrations in soil on 

the Site. Elevated survey measurements 

were noted, indicating the Site was 

contaminated with radium (Ra)-226, 

thorium (Th)-232, and uranium (U)-238, 

and associated daughter products. The 

chemical contaminants of concern 

(COC) are antimony, arsenic, chromium, 

lead, mercury, molybdenum, and 

thallium. 

In July 1983, the U.S. Department of 

Energy (USDOE) was authorized by the 

Energy and Water Development 

Appropriations Act of 1984 to conduct 

a decontamination research and 

development project at the Site. From 

1984 to October 1997, the USDOE 

managed the Site under the Formerly 

Utilized Sites Remedial Action Program 

(FUSRAP). The Site was proposed to the 

NPL on September 8, 1983, (48 FR 

40674). The Site was included on the 

NPL on September 21, 1984 (49 FR 

37070). In September 1985, ownership 

of the Site transferred from W.R. Grace 

& Co. to the U.S. Government. 

In July 1990, the USDOE signed a 

Federal Facility Agreement (FFA) that 

established cleanup responsibilities 

under CERCLA. The FFA was signed by 

the EPA in September 1990. 

In October 1997, Congress transferred 

administration and execution of the 

FUSRAP program from the USDOE to 

the U.S. Army Corps of Engineers 

(USACE) in the Energy and Water 

Development Appropriations Act of 

1998. In March 1998, the original 

USDOE/EPA Site FFA was renegotiated 

between EPA and the USACE. 

Between 1985 and 1987, the USDOE 

conducted removal actions to remove 

contaminated material from some of the 

off-site VP locations in the vicinity of 

the Site. The adjacent VPs had received 

contaminants during historical W.R. 

Grace processing operations, which 

required remediation. Excavated soils 


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and debris were stored at the Site where 

the historic thorium processing 

operations occurred because no disposal 

facilities were available which were 

licensed or permitted to accept 

radiological wastes at the time. These 

actions were outlined in the Action 

Description Memorandum, Proposed FY 

1984 Remedial Actions at Wayne, New 

Jersey (1984). 

During 1993, removal actions at the 

remaining Site VPs were conducted 

under the Engineering Evaluation/Cost 

Analysis (EE/CA) for the Proposed 

Removal of Contaminated Materials 

from Vicinity Properties at the Wayne 

Site (1993). The majority of the waste 

from the 1993 cleanup actions was 

shipped directly to a commercial 

disposal facility. A small amount of 

contaminated soil from the 1993 

cleanup actions was added to the 

interim storage pile at the Site due to 

off-site waste disposal constraints in 

effect at the time. 

For the VPs surrounding the Site, the 

USDOE implemented residual 

contamination guidelines governing the 

release of formerly contaminated 

property for unrestricted use. The DOE 

Guidelines for Residual Radioactivity at 

FUSRAP and Remote SPMP Sites 

(1985), provided the following 

guidelines: 

• External gamma radiation levels on 

a site released for unrestricted use to not 

exceed 20 microRems/hour above the 

ground surface; 

• Maximum permissible 

concentration of Ra-226 and Th-232 in 

soil above background levels averaged 

over 100 cubic meters; 5 picoCuries/ 

gram (pCi/g) averaged over the first 15 

centimeters (cm) of soil at the surface; 

15 pCi/g when averaged over 15-cm 

thick soil layers more than 15 cm below 

the surface (i.e., for sub-surface soils at 

depths greater than 15 cm); and, 

• Maximum permissible 

concentration of U-238 in soil; 150 pCi/ 

g above background. 

The guidelines were derived using 

conservative assumptions protective of 

human health and the environment. The 

USDOE applied the surface and 

subsurface soil criteria when evaluating 

the effectiveness of the removal actions. 

The USDOE implemented the 

guidelines on the basis of compatibility 

with the criteria used for the same 

purpose by the EPA. No further removal 

was conducted when sampling data 

demonstrated that the residual 

contamination guidelines for soil were 

met for that property. 

The USDOE revised the guidelines in 

the early 1990’s by the application of 

the As Low As Reasonably Achievable 

(ALARA) principle. In applying the 

principle of reducing exposure to levels 

ALARA, the USDOE established 

cleanup goals for properties of 5 pCi/g, 

regardless of depth of contamination. 

These guidelines applied to Th-232 and 

Ra-226 concentrations; however, they 

were not applicable to naturally 

occurring background radioactivity in 

soils near the Site. 

In 1997, when disposal facilities 

which were licensed or permitted to 

accept radiological wastes came online, 

the approximately 38,500-cubic yard 

interim storage pile was removed by the 

USDOE and shipped off-site for 

disposal. 

Approximately 41,500 cubic yards of 

buried contaminated materials within 

the footprint of the former interim 

storage pile were removed and shipped 

off-site for disposal by the USACE under 

a separate CERCLA removal action that 

began in 1998. This action is 

documented in the Engineering 

Evaluation/Cost Analysis for the 

Removal of Subsurface Materials at the 

Wayne Site (1998). 

Remedial Investigation and Feasibility 

Study 

The Site was addressed through a 

Remedial Investigation/Feasibility 

Study (RI/FS) process which evaluated 

the conditions at the Site, the need for 

remedial action, and the possible 

cleanup alternatives. In late 1989, the 

USDOE began an intensive study of the 

remaining contamination at and around 

the Site. The field work was completed 

in December 1991. Historical data and 

the results documented in the RI Report 

(1993) delineated the nature and extent 

for contamination. The Baseline Risk 

Assessment (BRA) evaluated potential 

health and ecological risks if no 

remedial action was taken at the Site. 

The BRA determined that remedial 

action was warranted because of the 

potential for cancer risks above the 

upper risk threshold of 10¥4 identified 

by EPA as protective to occur if existing 

institutional controls are not maintained 

in the future. The main exposure 

pathway of concern was direct contact 

with radiologically contaminated soils 

remaining at the Site. 

The FS Report (1999) evaluated the 

alternatives for remedial action at the 

Site. The evaluation of a range of 

remedial actions for the Site was based 

upon the risk assessment presented in 

the FS. The overall strategy was to 

address the radioactively contaminated 

wastes which had been disposed at the 

Site. The FS evaluated technologies that 

were appropriate for the media of 

concern, developed and screened 

alternatives capable of addressing the 

contaminated media, and evaluated in 

detail a subset of the developed 

alternatives using evaluation criteria 

specified under CERCLA. 

Selected Remedy 

In May 2000, the EPA and the USACE 

issued a Record of Decision (ROD) 

identifying the selected remedy to 

address the remaining radioactive 

wastes, chemical waste, operations 

building demolition, and groundwater 

at the Site. The Remedial Action 

Objectives specified in the ROD were: 

• To eliminate or minimize the 

potential for humans to ingest, come 

into dermal contact with, or inhale 

particulates of radioactive constituents, 

or to be exposed to external gamma 

radiation to achieve the level of 

protection required by the NCP (10¥4 to 

10¥6 risk range) and meet the 

substantive requirements of 10 CFR part 

20, subpart E. 

• To reduce chemical COC levels in 

impacted media to levels that would be 

protective based on site-specific risk 

and groundwater impact evaluations. 

• To return impacted groundwater to 

conditions consistent with groundwater 

applicable or relevant and appropriate 

requirements (ARARs). 

• To protect the integrity of the clay 

layer in order to ensure protection of the 

lower groundwater aquifer. 

• To reduce potential exposure to 

radium and thorium in soil to levels that 

would be protective for the intended 

land use as established by site-specific 

risk analysis. 

• To reduce exposure to uranium to 

levels that would be protective for the 

intended land use. 

• To eliminate or minimize toxicity, 

mobility, and/or volume of impacted 

soils. 

• To eliminate or minimize the 

potential migration of contaminants into 

stream and storm drain sediments by 

surface water runoff, or by infiltration or 

percolation that would result in 

contamination of the groundwater. 

• To comply with chemical and 

action-specific ARARs. 

• To prevent exposures from 

radioactivity in buildings and structures 

greater than the guideline limits. 

• To access and address the 

contaminated soils beneath the 

building. 

• To eliminate or minimize potential 

exposure to external gamma radiation. 

• To eliminate or minimize toxicity 

or mobility, and/or volume of 

contaminants. 

The major components of the selected 

remedy and remedial actions performed 

at the Site are summarized below: 

• Excavation and disposal of the 

remaining contaminated subsurface 


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materials to an average concentration of 

5 pCi/g of Ra-226 and Th-232 combined, 

above naturally occurring background 

concentrations at the Site, and an 

average concentration of 100 pCi/g of 

total uranium above naturally occurring 

background, as determined by surveys 

consistent with the Multi-Agency 

Radiation Survey and Site Investigation 

Manual (MARSSIM) (2000). 

• Excavation and disposal of 

chemically contaminated soils above 

levels calculated to be protective of 

groundwater or above levels protective 

for unrestricted uses of the property 

(with regard to chemicals of concern) as 

specified in the ROD. 

• Decontamination and demolition of 

the site operations building on the Site, 

removal and off-site disposal of 

demolition debris, and removal and offsite disposal of contaminated materials 

under this building. 

• Removal and treatment of 

groundwater encountered during 

excavation to meet the pretreatment 

discharge standards of the receiving 

Publicly Owned Treatment Works prior 

to release. 

• Implementation of a five-year 

groundwater monitoring program to 

establish groundwater quality after 

contaminated soil has been removed. 

• Maintenance of the integrity of the 

subsurface clay layer that acts as a 

hydraulic barrier protecting the lower 

aquifer at the Site. 

• Site restoration activities that will 

allow for beneficial unrestricted use in 

the future. 

Remedial Actions 

Wayne Interim Storage Site (The Site) 

Under the May 2000 ROD, an 

additional 55,410 cubic yards of 

contaminated material and building 

debris were excavated and disposed of 

at an off-site licensed disposal facility. 

The elements of the remedial 

construction activities and construction 

quality assurance and quality control 

(QC) are detailed in the Post Remedial 

Action Report Wayne Interim Storage 

Site (PRAR) (2004). The USACE 

managed and supervised all 

construction activities to ensure 

compliance with the remedial design, 

work plans, and construction 

specifications. The EPA provided 

oversight of the cleanup actions. 

Vicinity Properties 

Following the remedial actions at the 

Site, the USACE reviewed the cleanup 

actions previously taken by the USDOE 

at the VPs. The review consisted of 

comparing the USDOE radiological 

screening and sampling data from the 

VPs and the unrestricted use criteria 

applied by the USDOE to the cleanup 

values established in the ROD, and as 

appropriate, the State of New Jersey 

Administrative Code. 

A Technical Memorandum 

documented the evaluation of the VPs 

and specifically identified and listed 

each property previously remediated by 

the USDOE. On the basis of this paper 

review, the USACE conducted 

additional subsurface soil sampling at 

four VPs in May and June 2003. 

Following the review and sampling, the 

USACE determined that prior USDOE 

actions were sufficient to meet the ROD 

cleanup criteria at all VPs, with the 

exception of the Wayne Township 

(Sheffield) Park and a small right-of-way 

(ROW) area adjacent to the Pompton 

Plains Cross Road. 

The USACE conducted additional 

excavation and off-site disposal of 

contaminated residual soils in July and 

August 2003 at the Wayne Township 

(Sheffield) Park and the road ROW 

property consistent with the cleanup 

levels documented in the ROD. These 

actions were documented in an 

Explanation of Significant Differences 

(ESD) (2003). Final Status Surveys 

performed in compliance with 

MARSSIM demonstrated that ROD 

cleanup levels were achieved for 

radiological and chemical constituents 

of concern. Approximately 2,300 cubic 

yards of additional soil were excavated 

from these two VPs. 

The elements of the remedial 

construction activities including 

construction QC requirements, the 

USACE inspections, post-excavation 

final status surveys, and final as-built 

drawings, are described in the Post 

Remedial Action Report Wayne Interim 

Storage Site Vicinity Properties Wayne 

Township (Sheffield) Park (2008) and 

Post Remedial Action Report Wayne 

Interim Storage Site Vicinity Properties 

Pompton Plains Crossroad Right-of-Way 

Property (2008). The USACE managed 

and supervised all construction 

activities at the VPs to ensure 

compliance with the remedial action 

work plans and construction 

specifications. The EPA provided 

oversight of the cleanup actions. 

Transfer of the real property at 868 

Black Oak Ridge Road, Wayne 

Township, New Jersey from the U.S. 

Government to the Township of Wayne 

was completed in 2006. 

Inaccessible Soils 

After the remediation of the Site, 

documented in the PRAR, it became 

necessary to examine the then-current 

status of a section of Black Oak Ridge 

Road and Pompton Plains Cross Road 

that is adjacent to the Site. In August 

2004, a characterization survey of this 

roadway was performed and the results 

showed areas of subsurface 

contamination remained along certain 

roadway and utility features. These 

findings were also documented in the 

EPA Five-Year Review, indicating that 

this area would need to be addressed in 

the future. 

The previously inaccessible soils in 

this area were made accessible and 

addressed in 2009 and 2010. During the 

2009 remediation at the Black Oak 

Ridge Road, a total of 13 intermodal 

containers were filled with 475,000 

pounds (237 tons) of contaminated soil 

and disposed of at U.S. Ecology in 

Grandview, Idaho (USEI). During the 

2010 remediation, 43 containment sacks 

containing 447,550 pounds (224 tons) of 

contaminated soil, pipe, and debris 

were disposed of at USEI. 

For radiologically-contaminated soil 

below the Black Oak Ridge Road 

roadway, the selected remedy in the 

ROD, complete excavation and off-site 

disposal, was applied. All regions of 

contamination in previously 

inaccessible soils under the Black Oak 

Ridge Road have been completely 

remediated. The analytical data 

presented in the Construction Close-Out 

Report for Roadways and Inaccessible 

Soils (2011) demonstrate compliance 

with the unrestricted use cleanup 

criteria as set forth in the ROD. 

Groundwater Monitoring 

A Long-Term Groundwater 

Monitoring Program was implemented 

to monitor groundwater quality at the 

Site within the unconfined and 

confined aquifers for a period of five 

years from the conclusion of remedial 

activities. Criteria in the ROD were used 

to evaluate radioactive and chemical 

constituent results. A total of 21 wells 

were monitored from 2002 until 2006 in 

accordance with the Wayne Interim 

Storage Site Long-Term Groundwater 

Monitoring Plan Addendum for USACE 

In-House Sampling (2003). 

Over the course of the five-year 

monitoring period, a few results did 

exceed ROD and other criteria, but did 

not impact the conclusion that all 

groundwater criteria in the ROD had 

been met. Arsenic was detected in one 

well in excess of the ROD criteria, but 

did not exceed the EPA maximum 

contaminant level. This well was in a 

confined aquifer located up-gradient of 

all former disposal areas and was 

considered representative of background 

conditions. Chromium was detected 

above the ROD criteria in one 

monitoring well during the May 2006 

sampling event. The elevated result was 


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found in a well that was in a confined 

aquifer located up-gradient of all former 

disposal areas. The well was considered 

to be representative of background 

conditions. The source of the elevated 

reading was attributed to chromium 

leaching into the well water column 

from the stainless steel well casing and 

screen. Previously, an on-site stainless 

steel well demonstrated similar elevated 

chromium results and was replaced by 

a polyvinyl chloride (PVC) well. The 

PVC-cased well demonstrated true 

groundwater chromium much less than 

the ROD criteria. 

Following the March 2006 sampling 

event, the USACE determined that all 

monitoring requirements set forth in the 

ROD had been met. The Five-Year 

Review Report completed by EPA in 

September 2008 stated that the 

groundwater monitoring program 

requirements, as established in the ROD, 

had been met. The 21 monitoring wells 

were abandoned in September 2011 in 

accordance with New Jersey Department 

of Environmental Protection (NJDEP) 

regulations, specifically Well 

Construction and Maintenance; Sealing 

of Abandoned Wells, N.J.A.C. 7:9D. 

Cleanup Goals 

The cleanup levels for contaminated 

soils and groundwater at the Site and 

VPs are listed in Table 1, of the Final 

Close-Out Report for the W.R. Grace and 

Co./Wayne Interim Storage Site (2012). 

Attainment of these levels will allow for 

unrestricted use and unlimited exposure 

of the properties, as demonstrated in the 

risk assessment. 

Post remedial action sampling was 

conducted following excavation at the 

Site property and VPs including the 

Wayne Township (Sheffield) Park, a 

small ROW area adjacent to the 

Pompton Plains Cross Road, and a 

section of Black Oak Ridge Road. Access 

was obtained to all properties and soil 

was excavated. Post excavation 

sampling indicated all cleanup levels 

for these soils had been met. 

After five years of groundwater 

monitoring, the USACE determined that 

all monitoring requirements set forth in 

the ROD had been met. This was stated 

in the 2008 Five-Year Review Report. 

Operation and Maintenance 

No ongoing monitoring or 

maintenance is required by the U.S. 

Government at the Site. The 

remediation of previously inaccessible 

soils in 2009 and 2010 allowed for the 

Site to be closed with no land use 

controls to monitor. 

Five-Year Review 

The EPA published a Five-Year 

Review Report for the Site in September 

2008. The assessment of this five-year 

review was that the selected remedy 

was functioning as intended by the 

decision documents and was protective 

of human health and the environment in 

the short-term. 

The Issues, Recommendations, and 

Follow-Up Actions and Protectiveness 

Statement of the Five-Year Review 

Report both state that ‘‘the implemented 

remedy has left all groundwater and 

soils suitable for use without restriction, 

except for two suspected sub-soil areas 

which are currently not accessible.’’ The 

areas in question were located beneath 

a roadway to which the USACE could 

not gain access for characterization and 

remediation. The Five-Year Review 

Report went on to explain that there 

were no current risks for either 

groundwater or soils and none were 

expected, as long as access controls for 

the inaccessible areas were maintained, 

resulting in the likely need for a deed 

restriction on the areas. However, funds 

made available through the American 

Reinvestment and Recovery Act of 2009 

allowed the USACE to work with 

Passaic County and remediate the areas 

consistent with the selected remedy in 

the ROD and ESD. This remediation is 

documented in the Construction CloseOut Report for Roadways and 

Inaccessible Soils (2011). 

The remediation of previously 

inaccessible soils under the roadway 

allowed for the Site to be released for 

unrestricted use with no need for 

further Five-Year Reviews. 

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 

advertisements on the availability of 

documents such as the RI/FS, Risk 

Assessment, ROD, Proposed Plan and 

the Five-Year Review Report. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The Site meets all site completion 

requirements as specified in the OSWER 

Directive 9320.2–22, Close-Out 

Procedures for National Priorities List 

Sites. All remedial activities at the Site 

are complete and the implemented 

remedy achieves the degree of cleanup 

specified in the ROD and ESD, for all 

pathways of exposure. Therefore, EPA 

has determined that no further response 

action is necessary at the Site to protect 

human health and the environment. 

V. Deletion Action 

The EPA, with concurrence of the 

State of New Jersey, through the 

Department of Environmental 

Protection, dated on June 22, 2012, has 

determined that all appropriate 

response actions under CERCLA have 

been completed. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective on September 

30, 2012, unless EPA receives adverse 

comments by September 19, 2012. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion, and it will 

not take effect. EPA 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. There will 

be no additional opportunity to 

comment. 

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 2, 2012. 

Judith A. Enck, 

Regional Administrator, Region II. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for Part 300 

continues to read as follows: 

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

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

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

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 2 of Appendix B to Part 300 

is amended by removing ‘‘W. R. Grace 

& Co., Inc./Wayne Interim Storage 

(USDOE)’’, ‘‘Wayne Township’’ under 

NJ. 

[FR Doc. 2012–20388 Filed 8–17–12; 8:45 am] 

BILLING CODE 6560–50–P 


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