UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 2 


290 BROADWAY 


NEW YORK, NY 10007-1866 


NOV 2 6 2012 

Joseph J. Martens, Commissioner 

State ofNew York 

Department ofEnvironmental Conservation 

Albany, NY 12233-1010 

Re: Proposed Addition ofWolff-Alport Site to the Superfund National Priorities List 

Dear Commissioner Martens: 

The United States Environmental Protection Agency (EPA) is considering proposing the Wolff-Alport 

site in Queens County for inclusion on the Superfund National Priorities List (NPL), pursuant to its 

authority under § 105 of the Comprehensive Environmental Response, Compensation and Liability Act 

(CERCLA), as amended, 42 U.S.C. § 9605. The NPL contains a list ofpriority sites with releases of 

hazardous substances,. pollutants or contaminants that require evaluation for possible remediation. It is 

EPA's policy to determine the state's position on sites that EPA is considering placing on the NPL. As 

we discussed when we met on September 4, 2012, EPA is seeking the concurrence ofthe New York 

State Department ofEnvironmental Conservation (NYSDEC) on adding the Wolff-Alport site to the 

NPL. 

In a letter dated August 31, 2012, the NYSDEC requested that EPA undertake a CERCLA removal 

action at the site. EPA has now initiated the requested removal action, which is intended to abate the 

immediate threats to human health. It is apparent, however, that aremoval action will not be sufficient 

to remediate the site, which is why we believe it should be placed on the NPL. 

As you know, the Wolff-Alport facility operated from·l920 to 1954 and refined specialty minerals to 

extract rare earth metals. Wolff-Alport left behind thorium-contaminated materials at its building, 

disposed ofwaste materials into the sewerage system, and also deposited waste materials at locations 

around its facility. The property is currently occupied by buildings containing residential apartments, 

office space, a delicatessen and grocery store, a tire shop, an auto repair shop, an auto body shop, and 

warehouses. In addition to the on-site apartments, densely-populated residential areas begin directly 

across the street. 

EPA is committed to working cooperatively with the state and local community throughout the listing 

and subsequent Superfund cleanup process, and to ensuring that the EPA's actions are conducted in an 

open and transparent manner. The remedial action process would begin with a Remedial Investigation 

and Feasibility Study, funded by EPA. We plan to commence this study during the current federal fiscal 

year. If fund-financed remedial action is subsequently found to be necessary, prior to initiation ofsuch 

remedial action EPA and the NYSDEC would have to collaborate in the development of a Superfund 

State Contract to provide the state assurances required by CERCLA, including, for example, the state's 

statutory cost share for the remedial action and assumption of operation and maintenance 

responsibilities. 

Internet Address (URL) • http://www.epa.gov 


Recycled/Recyclable • Printed with Vegetable 011 Based Inks on Rec:ycled Paper (Minimum so•;. Postconsumer content) 

We ask for your written response to this request by January 25, 2013. EPA has set this date to allow 

adequate time to meet the proposed schedule for the anticipated April4, 2013 NPL update. In your 

response letter, please indicate whether the NYSDEC supports placement ofthe site on the NPL. If you 

do not support listing, please describe the alternative approach to placement on the NPL that will ensure 

the site and associated release(s) will be addressed. If we do not receive a response by the above date, or 

a request for further discussion ofthe issues, we may need to make a listing decision without your 

concurrence. EPA will be sharing information with the community regarding the NYSDEC's position, 

including posting the information on the internet. EPA will also invite the NYSDEC to participate in 

any community meetings during the listing process. 

We will continue to work closely with and seek input from the NYSDEC as the listing process proceeds. 

We appreciate your consideration ofthis matter. If additional information is needed or you would like to 

meet to discuss this matter further, please call me at 212-63 7-5050 or your staffmay wish to contact 

Walter Mugdan, Superfund Division Director, at 212-637-4390 

Sincerely, 

_q_uo, ~· '?!N'cJe-­

U Judith A. Enck 

Regional Administrator 

cc: 	 James Woolford, Director 

Office of Superfund Remediation and Technology Innovation