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at the commencement of the remedial 

investigation phase. At such time, the 

lead agency shall publish in a major 

local newspaper of general circulation a 

notice or use one or more other 

mechanisms to give adequate notice to 

a community of the availability of the 

administrative record file. 

* * * * * 

■ 5. Section 300.820 is amended by 

revising paragraphs (a)(1) and (b)(1) to 

read as follows: 

§ 300.820 Administrative record file for a 

removal action. 

(a) * * * 

(1) The administrative record file 

shall be made available for public 

inspection when the engineering 

evaluation/cost analysis (EE/CA) is 

made available for public comment. At 

such time, the lead agency shall publish 

in a major local newspaper of general 

circulation a notice or use one or more 

other mechanisms to give adequate 

notice to a community of the availability 

of the administrative record file. 

* * * * * 

(b) * * * 

(1) Documents included in the 

administrative record file shall be made 

available for public inspection no later 

than 60 days after initiation of on-site 

removal activity. At such time, the lead 

agency shall publish in a major local 

newspaper of general circulation a 

notice or use one or more other 

mechanisms to give adequate notice to 

a community of the availability of the 

administrative record file. 

* * * * * 

[FR Doc. 2014–23371 Filed 9–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 fiveyear 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 


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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 byproduct. 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, 


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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 postconstruction, 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 offSite 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 


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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 asbuilt 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 postconstruction 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. 


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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 onSite 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 721 

[EPA–HQ–OPPT–2007–0490; FRL–9912–87] 

RIN 2070–AJ96 

Certain Nonylphenols and 

Nonylphenol Ethoxylates; Significant 

New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing a 

significant new use rule (SNUR) for 15 

related chemical substances commonly 

known as nonylphenols (NP) and 

nonylphenol ethoxylates (NPE). For 13 

NPs and NPEs, EPA is proposing to 

designate any use as a ‘‘significant new 

use,’’ and for 2 additional NPs, EPA is 

proposing that any use other than use as 

an intermediate or use as an epoxy cure 

catalyst would constitute a ‘‘significant 

new use.’’ Persons subject to these 

SNURs would be required to notify EPA 

at least 90 days before they manufacture 

(including import) or process any of 

these 15 chemical substances for a 

significant new use. The required 

notification would provide EPA with 

the opportunity to evaluate the new 

uses and protect against unreasonable 

risks, if any, from potential new 

exposures to NPs and NPEs, before that 

activity occurs. 

DATES: Comments must be received on 

or before December 1, 2014. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2007–0490, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/

dockets. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS