**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 L ist, and provide a 30

- day public comment period on the proposed deletion. The closing date for comments on the Notice of Inte nt to Delete was April 4, 2014

. One written comment was received ; therefore EPA has prepared this Responsiveness Summary

. The p ublic comment w as considered in EPA’s final decision to delete the Site from the NPL. Responsiveness Summary The Responsiv eness Summary has been prepared to provide a respons e 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 Si te. 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 info rmation 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 L ibrary , 100 South 10 th Avenue, Manvi lle, New Jersey

08835, (908) 722

– 9722. Summary of Comment from Kathry n Minnema : The commenter point ed out that subsurface soil contaminants have not been completely

removed from the Manville area and raised concern that r e sidual 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 s urface 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 a ll 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 o n additional locations throughout Manville

. An i nvestigation into the historical operations at the Federal Creosote Site indic ated the Federal Creosoting Company operations were limited to a specific 5 0 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 co ntamination was limited to the Rustic Mall , Claremont D evelopment and municipal roadways within two these properties

. Itwas 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 b y 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 d eed notices are a component of an y future development plan process

. The conditions established by deed notices adequately protect against future exposures b y redevelopment activities

. For th ese reason s , EPA does not believe that an additional modification of local development process es is necessary

. D eed notices apply adequate restrictions on propert ies 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 o wner has agreed to subject the p roperty to statutory and regulatory

requirements which impose restrictions upon the use of the p ropert y , and to provide notice to subsequent owners, lessees and operators, and persons intending to conduct invasive work, e.g. excavations, within r estrictive areas at the p roperty
. The owner and the subsequent owners are also required to provide New Jersey Dep artment of Environmental Protection written notice prior to the transfer of the owner’s interest in the deed r estricted area of the propert y . In addition, the propert y owner and the subsequent owners are also required to provide written notice to the New Jersey Department of Environmental Protection when filing an y document initiating a rezoning of the p ropert y. 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 nee d 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.