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 of Environmental 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 Re sponse, 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 po ssible 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 of the New York State Department of Environmental 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 reque sted removal action, which is intended to abate the immediate threats to human health. It is apparent, however, that 

# a removal 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 p lan to commence this study during the current federal fiscal year. If fund

-financed remedial action is subsequently found to be necessary, prior to initiation of such 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.

I nternet 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 212-637-5050 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