Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 20473

8 a.m. to 4 p.m., Monday through

Friday, except legal holidays.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to a rule (1) having an annual effect

on the economy of $100 million or

more, or adversely and materially

affecting a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities (also known as

‘‘economically significant’’); (2) creating

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 17, 1995.

Donald R. Stubbs,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.421(b) by revising the table

therein, to read as follows:

§ 180.421 Fenarimol; tolerances for

residues.

* * * * *

(b) * * *

Commodity Parts per million

Bananas1 ....... 0.5 (Not more than 0.25 ppm

shall be present in the

pulp after peel is removed)

Cherries ......... 1.0.

Grapes ........... 0.2.

1There are no United States registrations for

bananas as of April 26, 1995.

[FR Doc. 95–10252 Filed 4–21–95; 2:56 pm]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5196–8]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete the

Jackson Township Landfill Superfund

Site from the National Priorities List;

Request for Comments.

SUMMARY: The United States

Environmental Protection Agency

(EPA), Region II, announces its intent to

delete the Jackson Township Landfill

Site from the National Priorities List

(NPL) and requests public comment on

this action. The NPL constitutes

Appendix B of 40 CFR Part 300 which

is the National Oil & Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the New Jersey Department of

Environmental Protection (NJDEP) have

determined that no further remedial

action by the responsible party is

appropriate under CERCLA. In addition,

EPA and NJDEP have determined that

remedial activities conducted to date at

the site have been protective of public

health, welfare, and the environment.

DATES: Comments concerning the

deletion of the Jackson Township

Landfill Site from the NPL may be

submitted on or before May 26, 1995.

ADDRESSES: Comments should be

submitted to: Joseph Gowers, Remedial

Project Manager, U.S. Environmental

Protection Agency, Region II, 290

Broadway, 19th Floor, New York, New

York 10007–1866.

Comprehensive information on the

Jackson Township Landfill Site is

contained in the NJDEP public docket

and is available for viewing, by

appointment only, at: NJDEP-Bureau of

Community Relations, 401 East State

Street, CN 413, Trenton, NJ 08625,

Phone: (609) 984–3081, 8.30 AM to 4.30

PM—Monday through Friday (excluding

holidays), Contact: Donald Kakas.

Information on the Site is also

available for viewing at the Jackson

Township Landfill Site Administrative

Record Repositories located at:

Jackson Township Municipal Complex,

RD#4, Box 1000, Jackson, NJ 08527,

Monday-Friday: 9am–5pm, (908) 928–

1200

Ocean County Library, 101 Washington

Street, Toms River, NJ 08753,

Monday-Friday: 9am–9pm, Saturday:

9am-5pm (908) 349–6200

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

EPA Region II announces its intent to

delete the Jackson Township Landfill

Site from the NPL and requests public

comment on this deletion. The NPL is

Appendix B to the NCP, which EPA

promulgated pursuant to Section 105 of

CERCLA, as amended. EPA identifies

sites that appear to present a significant

risk to public health, welfare, or the

environment and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

financed by the Hazardous Substances

Superfund Response Trust Fund (the

Fund). Pursuant to § 300.425(e)(3) of the

NCP, any site deleted from the NPL

remains eligible for Fund-financed

remedial actions, if conditions at the

site warrant such action.

EPA will accept comments

concerning the deletion of the Jackson

Township Landfill Site from the NPL for

30 days after publication of this notice

in the Federal Register until May 26,

1995.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses how the Jackson Township

Landfill Site meets the NPL deletion

criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the
20474 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules

NPL. In accordance with 40 CFR

300.425 (e)(1)(i)–(iii), sites may be

deleted from the NPL where no further

response is appropriate. In making this

determination, EPA, in consultation

with NJDEP, will consider whether any

of the following criteria has been met:

(i) Responsible or other persons have

implemented all appropriate response

actions required; or

(ii) All appropriate Fund-financed

response under CERCLA has been

implemented, and no further response action

by responsible parties is appropriate; or

(iii) The remedial investigation has shown

that the release poses no significant threat to

public health or to the environment and,

therefore, taking remedial measures is not

appropriate.

Deletion of a site from the NPL does

not preclude eligibility for subsequent

Fund-financed actions if future

conditions warrant such actions.

Section 300.425(e)(3) of the NCP states:

‘‘All releases deleted from the NPL are

eligible for further Fund-financed

remedial actions should future

conditions warrant such action.

Whenever there is a significant release

from a site deleted from the NPL, the

site shall be restored to the NPL without

application of the HRS [Hazard Ranking

System].’’

III. Deletion Procedures

The NCP provides that EPA shall not

delete a site from the NPL until the State

in which the release was located has

concurred, and the public has been

afforded an opportunity to comment on

the proposed deletion. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts. The NPL is designed

primarily for information purposes and

to assist Agency management.

EPA Region II will accept and

evaluate public comments before

making a final decision to delete this

site. The Agency believes that deletion

procedures should focus on notice and

comment at the local level. Comments

from the local community may be most

pertinent to deletion decisions. The

following procedures were used for the

intended deletion of the Jackson

Township Landfill Site:

1. EPA Region II has recommended

deletion and has prepared the relevant

documents.

2. The NJDEP has concurred with the

deletion decision.

3. Concurrent with the Notice of

Intent to Delete, a notice has been

published in local newspapers and has

been distributed to appropriate federal,

state and local officials, and other

interested parties.

The comments received during the

comment period will be evaluated

before any final decision is made. EPA

Region II will prepare a Responsiveness

Summary, if necessary, which will

address the comments received during

the public comment period.

If, after consideration of these

comments, EPA decides to proceed with

the deletion, the EPA Regional

Administrator will place a Notice of

Deletion in the Federal Register. The

NPL will reflect any deletions in the

next final update. Public notices and

copies of the Responsiveness Summary,

if any, will be made available to local

residents by EPA Region II.

IV. Basis for Intended Site Deletion

The following summary provides the

Agency’s rationale for recommending

deletion of the Jackson Township

Landfill Site, Ocean County, New

Jersey, from the NPL.

The Jackson Township Landfill Site is

located off Lakehurst Avenue in Jackson

Township, Ocean County, New Jersey.

Jackson Township purchased the 135

acre landfill, which is situated in a

regional reserve known as the New

Jersey Pinelands, in 1972. The property

was previously owned and mined by

Glidden Corporation. Approximately 20

acres of the property were used for the

disposal of various wastes.

In 1977, there were multiple

complaints of medical problems

associated with the use of area ground

water. Subsequently, the NJDEP ordered

groundwater analyses to be conducted

in the vicinity of the landfill. Based

upon the results of these analyses,

NJDEP concluded that a segment of the

Cohansey aquifer and several domestic

wells had been contaminated by

hazardous substances disposed of at the

Jackson Township Landfill. The NJDEP

used Spill Fund monies to provide

bottled potable water for residences

impacted by the ground water

contamination.

In 1978, NJDEP ordered Jackson

Township to stop disposing of liquid

wastes at the landfill. In 1980, a citizen

lawsuit resulted in a municipal water

system extension to properties affected

or potentially affected by contaminants

disposed of at the landfill. The landfill

was closed by order of the Superior

Court of New Jersey in February 1980.

Sampling of 22 monitoring wells and

eight domestic wells was performed in

December 1981 and February 1982.

Results of this sampling indicated that

contaminants were present in ground

water at levels only slightly exceeding

criteria established for the protection of

ground water. In April and December of

1982, the NJDEP sampled seventeen

shallow and deep monitoring wells at

and in the vicinity of the landfill.

Organic compounds were only detected

above method detection limits in one

well, and inorganics rarely exceeded

established criteria during this sampling

event. Additional ground water

sampling conducted in 1985 revealed

similar results.

In December 1982, the Jackson

Township Landfill was included on the

National Priorities List of Superfund

sites.

In 1988, the NJDEP and Jackson

Township reached an agreement, known

as the Judicial Consent Order (JCO),

which required Jackson Township to

reimburse the NJDEP for Spill

Compensation Fund monies spent by

the NJDEP. In addition, the JCO required

Jackson Township to arrange for and

fund the investigation and remediation

of the landfill. Throughout 1989 and

1990, a Remedial Investigation (RI) was

conducted in which air, surface water,

ground water and soil studies were

performed.

During performance of the RI, 22

ground water monitoring wells at and

around the landfill were sampled. In

addition, four surface water and

sediment samples were collected in the

Ridgeway and Obhanan-Ridgeway

Branches, which are both tributaries to

the Toms River. No site-related

compounds were detected in surface

water samples above Federal or State

Surface Water Quality Criteria.

Similarly, no compounds were detected

in sediments above levels of concern

developed in the Risk Assessment for

the site.

Nine soil borings were also installed

at the Jackson Township Landfill during

performance of the RI. Contaminants

were only detected in soils at low levels.

Results of the RI indicate that

contaminant levels have continued to

decrease due to natural attenuation.

A Risk Assessment was conducted

based upon the results of the RI. The

Risk Assessment concluded that there is

no unacceptable current or potential

future risk to public health and the

environment associated with the

landfill.

The September 27, 1994 Record of

Decision (ROD) for the Jackson

Township Landfill site selected the No

Further Action remedy, because the

Risk Assessment has shown that no

further action is necessary to protect

human health and the environment.

Furthermore, the ROD provides for the

performance of a review within five (5)

years of signing the ROD to ensure that

the no further action remedy continues

to provide adequate protection of

human health and the environment.
Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Proposed Rules 20475

Having met the deletion criteria, EPA,

with concurrence of the State of New

Jersey, proposes to delete this site from

the NPL. EPA and NJDEP have

determined that the response actions

conducted to date are protective of

human health and the environment.

Dated: April 10, 1995.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 95–10146 Filed 4–25–95; 8:45 am]

BILLING CODE 6560–50–P