Responsiveness Summary

Introduction

A Notice of Intent to Delete for the Federal Creosote Superfund Site was 

published in the Federal Register on March 4, 2014 Federal Register Vol. 79, No. 43, 

pages 12436 – 12441. The publication of this notice was intended to inform the public of 

EPA’s plan to delete the Site from the National Priorities List, and provide a 30-day

public comment period on the proposed deletion. The closing date for comments on the 

Notice of Intent to Delete was April 4, 2014. One written comment was received; 

therefore EPA has prepared this Responsiveness Summary. The public comment was

considered in EPA’s final decision to delete the Site from the NPL. 

Responsiveness Summary

The Responsiveness Summary has been prepared to provide a response to 

comment submitted to EPA during the 30-day public comment period regarding the 

Notice of Intent to Delete, Federal Register Vol. 79, No. 43, pages 12436 – 12441, for

the Federal Creosote Superfund Site. The original comment is summarized below and 

available at http://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-1999-0013, 

with the support materials under document type “Public Submissions”, and at the 

information repositories at the following addresses:

U.S. Environmental Protection Agency,

Region II, Superfund Records Center,

290 Broadway, Room 1828, 

New York, New York 10007–1866, 

(212) 637–4308, 

Manville Public Library, 

100 South 10th Avenue, 

Manville, New Jersey 08835,

(908) 722–9722.

Summary of Comment from Kathryn Minnema:

The commenter pointed out that subsurface soil contaminants have not been 

completely removed from the Manville area and raised concern that residual

subsurface soil contamination may pose a risk if brought to the surface by

redevelopment activities. The commenter suggested a process for producing 

development plans be established to protect against potential future exposures to 

subsurface contaminants brought to the surface by redevelopment activities. The 

commenter stated that 21 properties, in addition to locations throughout Manville, 

must post deed notices of unacceptable levels of contaminants in their soil. 
Response:

The comment indicated a need to establish deed notices on 21 properties, in 

addition to locations throughout Manville. Deed notices have been applied to all 

21 Manville properties where residual contamination remained including 

commercial, residential and municipal properties. The comment also mentions

that in addition to the 21 properties, there is a need to place deed notices on 

additional locations throughout Manville. An investigation into the historical 

operations at the Federal Creosote Site indicated the Federal Creosoting Company

operations were limited to a specific 50 acre area in Manville known as the Rustic 

Mall and the Claremont residential development. This investigation included

extensive soil sampling that confirmed the extent of soil contamination was 

limited to the Rustic Mall, Claremont Development and municipal roadways 

within two these properties. It was this contamination that was addressed by

EPA’s action at the Federal Creosote Site. Thus, any need for additional deed 

notices throughout Manville are unrelated to the Federal Creosote Site and are

outside the scope of EPA’s action.

The comment suggested that a process for producing development plans be 

established to protect against potential future exposures to subsurface 

contaminants brought to the surface by redevelopment activities. EPA believes 

the deed notices, which have already been recorded at the 21 properties 

mentioned by the commenter, protect against potential future exposures to 

subsurface contaminants. The deed notices are a component of any future 

development plan process. The conditions established by deed notices adequately

protect against future exposures by redevelopment activities. For these reasons,

EPA does not believe that an additional modification of local development 

processes is necessary. Deed notices apply adequate restrictions on properties to 

protect against redevelopment activities that have the potential to deposit 

contaminated subsurface soils on the land surface. At properties that have 

received a deed notice, the property owner has agreed to subject the property to 

statutory and regulatory requirements which impose restrictions upon the use of 

the property, and to provide notice to subsequent owners, lessees and operators, 

and persons intending to conduct invasive work, e.g. excavations, within 

restrictive areas at the property. The owner and the subsequent owners are also 

required to provide New Jersey Department of Environmental Protection written 

notice prior to the transfer of the owner’s interest in the deed restricted area of the 

property. In addition, the property owner and the subsequent owners are also

required to provide written notice to the New Jersey Department of 

Environmental Protection when filing any document initiating a rezoning of the 

property. The deed notices applied to properties at the Federal Creosote Site and 

the requirements of the deed notices are a component of the redevelopment

process that serves to protect against future exposures to residual subsurface soil 

contamination. 
The deed notices are a required component of the selected remedy for the Federal 

Creosote site and have been applied to all properties that were in need of them. 

The selected remedy, which adequately protects human health and the 

environment, has been fully implemented and therefore satisfies the deletion 

criteria of the National Contingency Plan.