[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43529-43535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18136]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9703-4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Fort Dix Landfill Superfund 
Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the Fort Dix Landfill 
Superfund Site (Site), located in Pemberton Township, New Jersey, from 
the National Priorities List (NPL). 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). 
This direct

[[Page 43530]]

final deletion is being published by EPA with the concurrence of the 
State of New Jersey, through the NJ Department of Environmental 
Protection, because EPA has determined that all appropriate response 
actions under CERCLA, other than operation, maintenance, and five-year 
reviews, have been completed. However, this deletion does not preclude 
future actions under Superfund.

DATES: This direct final deletion is effective September 24, 2012 
unless EPA receives adverse comments by August 24, 2012. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1987-0002, by one of the following methods:
     http://www.regulations.gov . Follow on-line instructions 
for submitting comments.
     Email: karas.alida@epa.gov.
     Fax: (212) 637-3256.
     Mail: Alida M. Karas, Remedial Project Manager, Federal 
Facilities Section, Emergency & Remedial Response Division, U.S. 
Environmental Protection Agency Region 2, 18th floor, 290 Broadway, New 
York, NY 10007.
     Hand delivery: U.S. EPA Records Center, 290 Broadway, 18th 
floor, New York, NY 10007.
    Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1987-0002. 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 comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and 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 statue. 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. EPA Region 2 Records Center, 290 Broadway, 18th floor, New 
York, NY 10007 Hours: 9:00 a.m. to 5:00 p.m. Monday through Friday. 
Phone: 212-637-4308; and Burlington County Library, 5 Pioneer 
Boulevard, Westampton, New Jersey 08060.
    Hours: Monday 9:00 a.m. to 9:00 p.m., Tuesday-Friday 10:00 a.m. to 
9:00 p.m., Saturday 9:00 a.m. to 5:00 p.m., Sunday 1:00 p.m. to 5:00 
p.m.; July and August: close at 5:00 p.m. on Fridays, closed on 
Sundays.

FOR FURTHER INFORMATION CONTACT: Alida M. Karas, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, 18th floor, 
290 Broadway, New York, NY 10007; email: karas.alida@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 2 is publishing this direct final Notice of Deletion of 
the Fort Dix Landfill (Site), from the National Priorities List (NPL). 
The NPL constitutes Appendix B of 40 CFR part 300, which is the Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA) of 1980, 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 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.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 24, 2012 unless EPA 
receives adverse comments by August 24, 2012. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    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 Fort Dix Landfill Superfund 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Site from the NPL unless adverse 
comments are received during the public comment period.

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 persons have implemented all 
appropriate response actions required;
    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 the

[[Page 43531]]

environment and, therefore, the 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 of New Jersey prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the state, through the New Jersey Department of 
Environmental Protection, has concurred on the deletion of the site 
from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in the major local newspaper, the 
Burlington County Times. The newspaper notice announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (4) 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.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    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 information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Fort Dix Landfill is now named the ``Dix Area Sanitary 
Landfill'' due to the formation of the Joint Base McGuire Dix Lakehurst 
(JBMDL). The Dix Area Sanitary Landfill is located in the southwest 
section of the JBMDL in Pemberton Township, Burlington County, New 
Jersey. The landfill covers approximately 126 acres and is located 
about 2,200 feet from the post boundary. Two streams flow near the 
landfill: Cannon Run is located on the east side of the landfill, and 
flows south into the North Branch of Rancocas Creek; and an unnamed 
stream is located northwest of the landfill, and flows to the west into 
the North Branch of Rancocas Creek. A swamp that drains into Budd's Run 
is located to the west of Pipeline Road. The area immediately 
surrounding the Dix Area Sanitary Landfill consists of a hardwood swamp 
and densely vegetated hardwood forest. The town of Browns Mills is 
immediately to the east of the Military Reservation. To the south of 
the Dix Area Sanitary Landfill are two abandoned farms, approximately 
12 homes, several county buildings, the County Hospital, and the 
Burlington County Juvenile Detention Center and shelter. Pemberton 
Township municipal buildings, sewage disposal plant, public water 
supply wells, and several homes are located to the southwest of the 
landfill. The surficial aquifer consists of a fine to silty sand unit 
(Cohansey and Kirkwood Formations) that overlies the fine grained silts 
and clays of the Manasquan, Hornerstown, and Navesink Formations. The 
Cohansey and Kirkwood Formations form a single unconfined aquifer at 
the site. Groundwater flow in this aquifer is to the south and 
southwest. The underlying Manasquan, Hornerstown, and Navesink 
Formations form a confining layer that limits downward vertical 
groundwater flow from the landfill site.
    The Dix Area Sanitary Landfill began operation in 1950; it was 
officially closed on July 6, 1984. Prior to landfill development, the 
area was used for Army training. Between 1950 and 1984, the landfill 
was used and operated by the Fort Dix Military Reservation. McGuire Air 
Force Base also used the landfill from 1968 until it was closed. Access 
to the landfill was not controlled until 1980; therefore, records of 
disposal practices, waste types, and quantities are incomplete. Wastes 
that have been reportedly disposed of at the landfill include domestic 
waste, paints and thinners, demolition debris, ash, and solvents.
    An interim New Jersey Pollutant Discharge Elimination System 
(NJPDES) permit was issued for the Dix Area Sanitary Landfill on May 
29, 1984. On July 6, 1984, the Army ceased the disposal of waste at the 
landfill in compliance with the landfill closure date. The landfill was 
proposed for inclusion on the NPL on October 15, 1984 (49 FR 40320). On 
September 16, 1985, the Army entered into an Administrative Consent 
Order (ACO) with the New Jersey Department of Environmental Protection 
(NJDEP). The ACO required the Army to conduct a Remedial Investigation/
Feasibility Study (RI/FS) and to implement the selected remedial 
alternative approved by NJDEP and United States Environmental 
Protection Agency (USEPA). The Dix Area Sanitary Landfill Site was 
placed on the NPL on July 22, 1987 (52 FR 27620).
    On July 19, 1991, the Army entered into an interagency agreement, 
under Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) Section 120, known as the Federal Facility Agreement (FFA) 
with USEPA. The FFA superseded the ACO and provided the formal basis 
for selection of the remedy and the implementation of the Record of 
Decision (ROD) at the Dix Area Sanitary Landfill Site at JBMDL.

Remedial Investigation/Feasibility Study

    The Remedial Investigation/Feasibility Study (RI/FS) was completed 
in 1987. The RI/FS included a risk assessment to determine the 
potential for impact to public health and the environment, which may 
result if the contamination associated with the Dix Area Sanitary 
Landfill, was not controlled. In conducting this assessment, the focus 
was on the human health and environmental effects that could result 
from exposure to contaminants associated with the landfill in various 
media (air, surface water, sediment, soil, and groundwater). During the 
evaluation of site risks, chemicals detected at the site were

[[Page 43532]]

screened to select indicator chemicals for the Dix Area Sanitary 
Landfill site. These chemicals were selected as most representative of 
site conditions and expected to contribute the greatest risks to human 
health and the environment. The indicator chemicals for the site 
include: 1,2-dichloroethane, benzene, vinyl chloride, 
trichloroethylene, tetrachloroethylene, chlorobenzene, 2-butanone, 
toluene, trans-1,2-dichloroethylene, bis(2-ethylhexyl)phthalate, 1,4-
dichloroethylene, 1,1,1-trichloroethane, ethylbenzene, nickel, mercury, 
cadmium, zinc, chromium, and manganese. Based on an evaluation of the 
data obtained during the RI, the ROD summarizes the following remedial 
objectives:
     To prevent contaminants migrating from the landfill from 
affecting drinking water supplies of the local population;
     To prevent landfill contaminant migration/exposure via 
Cannon Run and Budd's Run (swamp) from restricting State-designated 
downstream surface water uses on the North Branch of Rancocas Creek 
(i.e., fishing, swimming, and future water supply);
     To protect people who perform military-related or 
unauthorized recreational activities on the JBMDL property from 
potentially harmful effects due to landfill contaminants;
     To satisfy all appropriate local, State, and Federal 
requirements for landfill closure;
     To prevent significant adverse environmental impacts on 
the surrounding flora and fauna caused by contaminant release from the 
Dix Area Sanitary Landfill; and
     To satisfy all site-specific Applicable or Relevant and 
Appropriate Requirements (ARARs) as practicable.

Selected Remedy

    The Record of Decision (ROD), signed on September 24, 1991, 
consists of the following requirements:
     Installation of a cap on the southern 53 acres of the 
landfill consisting of vegetative, drainage, and low-permeability 
layers. Maintenance of 2 ft of existing final cover on the remaining 
portion of the landfill.
     Installation of a landfill gas venting and air monitoring 
system to determine if methane gas and VOC emissions require treatment.
     Installation of a chain link fence around the perimeter of 
the landfill to restrict access.
     Implementation of landfill closure requirements in 
accordance with New Jersey Closure Requirements, New Jersey 
Administration Code (NJAC) 7:26-2A et seq., and Resource Conservation 
and Recovery Act (RCRA) guidance.
     Perform long-term groundwater, surface water, sediment and 
air monitoring (30 years) pursuant to the New Jersey State closure 
requirements. Perform a yearly statistical analysis on the chemical 
analysis results to determine the trend of the overall contamination 
levels.
     Long-term O&M to provide inspection of and repairs to the 
landfill cap.
     Implementation of ICs in the form of deed and water 
restrictions on future uses of the landfill and groundwater in the 
immediate vicinity of the landfill.
     Development and implementation of a Soil Erosion and 
Sediment Control Plan in accordance with the Soil Erosion and Sediment 
Control Act Regulations of 1975--New Jersey Statutes Annotated (NJSA) 
4:24-40 et seq., and NJAC 2:90-1.1 et seq.
     Using the data obtained in the monitoring program, review 
the risk assessment and subsequently revise the risk assessment if the 
trend shows significant changes in water quality. These reviews and 
revisions will be performed within three years of commencement of a 
remedial action and at least every five years thereafter. Any changes 
in actual exposure scenarios will be addressed in the revised risk 
assessments. Risk assessments will use USEPA guidance and policy 
effective at the time of the review.
     Except for monitoring, no groundwater remedy was specified 
because the contaminant plume could not be defined beyond isolated 
``hot spots''.

Response Actions

    The U.S. Army Corps of Engineers (USACE) acted on behalf of the 
Army at Fort Dix for both phases of the project and supervised all 
engineering and construction contracts required for completion of the 
work. Professional engineering services' for both phases were provided 
by Law Engineering and Environmental Services, Inc. (Law 
Environmental).
    Phase I encompassed the approximately 126 acre Landfill with a six-
foot perimeter chain link fence and provided two feet of soil cover to 
the northernmost 73 acres, This was completed early in fiscal year (FY) 
1992. The contractor for Phases I and II was the George Hanus Co.
    Phase II included covering of the southernmost 50 acres with a 
multilayer impermeable cap. The contract for the construction 
requirements of Phase II Remedial Action was awarded on June 30, 1994. 
Construction was completed in FY 97. In September, 1997 Law 
Environmental provided a Construction Completion Report to USACE. It 
was prepared and certified by C. Keith Brasher, a Professional Engineer 
licensed in the State of New Jersey.
    The remedial design, work plans, performance standards, 
construction quality control measures, O&M, and long-term monitoring 
plans (LTMPs) were submitted to and approved by USEPA and NJDEP. The 
Army, its design contractor, the USACE, NJDEP, and USEPA reviewed, 
monitored, and inspected all design and construction activities, and 
have determined all activities were completed in accordance with the 
approved documents. USEPA made a final inspection of the completed work 
on March 28, 1998.
    Institutional Controls in the form of Master Plan Amendments that 
are equivalent to deed restrictions on future uses of the Dix Area 
Sanitary Landfill have been implemented since the property is under the 
control and ownership of the Federal government. The Dix Area Master 
Plan restricts Army use of the Dix Area Sanitary Landfill site 
including the surrounding impacted areas. In the event the landfill 
property were no longer under the control and ownership of the Federal 
Government, implementation of appropriate deed notices or additional 
remediation to meet non-restricted use standards would be required to 
ensure the remedy remains protective of human health and the 
environment. In addition to the Dix Area Master Plan, the site will be 
enrolled in the NJDEP Classification Exception Area (CEA) program upon 
deletion from the NPL. The CEA program is established as a groundwater 
land use control (LUC) that serves to restrict the use of groundwater 
until regulatory standards have been achieved.

Cleanup Goals

    The 1991 ROD including long term monitoring for contaminated 
groundwater outside the landfill unit boundary. The indicator chemicals 
for the site include: 1,2-dichloroethane, benzene, vinyl chloride, 
trichloroethylene, tetrachloroethylene, chlorobenzene, 2-butanone, 
toluene, trans-1,2-dichloroethylene, bis(2-ethylhexyl)phthalate, 1,4-
dichloroethylene, 1,1,1-trichloroethane, ethylbenzene, nickel, mercury, 
cadmium, zinc, chromium, and manganese. These contaminants were 
evaluated in groundwater samples and compared to EPA MCLs and state 
standards, as appropriate. The method used to determine the appropriate 
groundwater screening criteria is a

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comparison of the NJDEP groundwater quality standards (NJGWQS) and the 
USEPA maximum contaminant level (MCL) values. The more stringent of the 
values is used.
Inorganic Groundwater Monitoring Results
    Based on groundwater monitoring conducted to date, nutrient metals 
are the only analytes exceeding screening criteria and exhibiting 
increasing concentration trends according to the Mann-Kendall Analysis. 
These exceedances and increasing trends occur both upgradient and 
downgradient of the landfill. In reviewing historical analytical data 
for this site, it has been noted that nutrient metals have been 
consistently present at concentrations above screening criteria. In an 
effort to understand the geochemical make-up of the local hydrogeology, 
several studies were reviewed. Following this review, it was evident 
that several naturally-occurring characteristics of the local 
hydrogeology are contributing to the elevated concentrations of 
nutrient metals in groundwater.
    Fresh, uncontaminated groundwater in the Kirkwood-Cohansey aquifer 
system has naturally-occurring low pH. During the groundwater sampling 
program, pH levels were measured between 3 and 6 at both upgradient and 
downgradient locations. In the Kirkwood-Cohansey aquifer, calcium and 
bicarbonate are usually dominant ions in solution, with smaller amounts 
of sodium, potassium, magnesium sulfate, manganese and chloride. The 
surficial aquifer underlying and adjacent to the Dix Area Sanitary 
Landfill exhibits persistent exceedances of calcium, magnesium, 
manganese, sodium, and potassium that are attributed to this naturally-
occurring condition. In 1988, the USEPA determined that concentrations 
of iron and manganese present a problem near the water table because 
the groundwater tends to have a low pH. Elevated concentrations of 
manganese and iron are also attributed to reductive dissolution by 
metal reducing bacteria feeding on petroleum contaminants. The reduced 
form of both iron and manganese are more water soluble than their 
oxidized counterparts. During the Spring 2010 and Fall 2010 sampling 
events, water quality data collected indicated a sporadic distribution 
of anaerobic and aerobic groundwater conditions. The data show both 
acid leaching and anaerobic degradation of gasoline contamination that 
is a waste of concern at the landfill, leading to elevated 
concentrations of manganese and iron. As a result of these evaluations, 
the Addendum to the 2005 CERCLA Five-Year Review concluded that 
manganese is naturally occurring and was removed as a COC from the 
site.
Organics
    In 1979 and 1982, a series of groundwater monitoring wells were 
installed around the perimeter of the landfill. Reports indicated 
volatile organic compounds (VOCs) were detected in many of the 
groundwater samples taken in 1982. The two major VOCs exceeding the 
NJDEP groundwater limits were methylene chloride and trichloroethylene. 
In December 1983, eight additional groundwater monitoring wells were 
installed to further define groundwater contamination. Eleven 
additional wells were installed in May 1984 as part of a groundwater 
investigation performed by the U.S. Army Engineers Waterways Experiment 
Station. VOCs and heavy metals were detected in the groundwater samples 
collected from wells located immediately to the south, southeast, and 
southwest of the landfill. These compounds included methylene chloride, 
dichloroethane, trichloroethane, trichloroethylene, 
tetrachloroethylene, methyl ethyl ketone, methyl isobutyl ketone, 
mercury, cadmium, and other heavy metals. Based on the 2010 five year 
review recommendations, eight sentinel wells were evaluated and 
established downgradient of the landfill cap. These groundwater 
monitoring locations were sampled for eight continuous quarters 
(September 2009 to July 2011) and groundwater was analyzed for all 
contaminants of concern (COCs). With the exception of manganese (which 
was removed as a site COC), the results show no screening criteria 
exceedances were observed downgradient of the landfill and that COCs 
are below screening criteria at the landfill unit boundary. After the 
evaluation of the proposed sentinel wells, JBMDL proposed nine 
alternative wells, closer to the landfill, that are currently in the 
LTMP, to make up the sentinel well network. Wells LTM-9, 10, 12, 13, 
14, 17, 18, 34 & 36 are now designated as sentinel wells and shall be 
used for compliance determination.
Operation and Maintenance
    In general, O&M of the Dix Area Sanitary Landfill consists of the 
collection and analysis of groundwater, sediment, and surface water 
samples; routine mowing; limiting erosion; and maintaining site 
security.
Air Monitoring
    With concurrence from USEPA and NJDEP, the Dix Area Sanitary 
Landfill gas venting and air monitoring system is no longer sampled and 
analyzed after it was determined there was no longer a need to monitor 
for methane gas or VOC emissions. Approval to terminate the air 
monitoring was received by NJDEP and USEPA in 2000.
Surface Water Monitoring
    The majority of the surface water location samples that exceed 
analyte concentrations contain nutrient metals that are not COCs for 
surface water at the Dix Area Sanitary Landfill.
    As part of the five-year review process an Ecological Risk 
Assessment was completed evaluating surface water analytical data up to 
and including September 2009. With the exception of manganese and 
mercury, there have been no COC screening criteria exceedances at the 
landfill in the last three years. The Addendum to the 2005 CERCLA Five-
Year Review (Plexus, 2009) concluded that manganese is naturally 
occurring and was removed as a COC from the program. During the Spring 
2010 and Fall 2010 sampling events, mercury exceeded screening criteria 
at three surface water locations (SW-1, SW-2, and SW-9). All three of 
these locations are situated northwest of the Dix Area Sanitary 
Landfill, along Budd's Run and immediately downgradient of the PDO 
Landfill, where mercury is the main COC. The issue of mercury 
exceedances along Budd's Run (the body of water that contains these 
surface water locations) has been addressed in the 2005 CERCLA Five-
year Review Addendum. The five year review addendum concluded that the 
mercury exceedances are attributed to a separate site upgradient of the 
Dix Area Sanitary Landfill. The results of the ERA illustrate that in 
September 2009 only one COC (zinc) at SW-2 exceeded ecological 
screening criteria (ESC). Since this ESC exceedance, the concentration 
of zinc at SW-2 has reduced in concentration below the ESC.
Sediment Monitoring
    The majority of the sediment location samples that exceed analyte 
concentrations contain nutrient metals that are not COCs for sediment 
at the Dix Area Sanitary Landfill. As part of the five-year review 
process an Ecological Risk Assessment was completed evaluating sediment 
analytical data up to and including September 2009. With the exception 
of chlorobenzene, manganese and

[[Page 43534]]

mercury, there have been no COC screening criteria exceedances at the 
landfill in the last three years. Although chlorobenzene exceeds the 
screening criteria, it does not exceed its respective ecological 
benchmark. The Addendum to the 2005 CERCLA Five-Year Review (Plexus, 
2009) concluded that manganese is naturally occurring and was removed 
as a COC from the program. Since April 2010 the only sample location 
that exceeds screening criteria is SD-9. SD-9 is situated northwest of 
the Dix Area Sanitary Landfill, along Budd's Run and immediately 
downgradient of the PDO Landfill, where mercury is the main COC. The 
issue of mercury exceedances along Budd's Run (the body of water 
associated with this sediment location) has been addressed in the 2005 
CERCLA Five-year Review Addendum. The five year review addendum 
concluded that the mercury exceedance is attributed to a separate site 
upgradient of the Dix Area Sanitary Landfill.
    Low-level pesticide exceedances of dichlorodiphenyldichloroethylene 
(DDE) and dichlorodiphenyltrichloroethane (DDT) occur at locations SD-5 
and SD-6, but do not occur at the landfill boundary. DDE and DDT are 
ubiquitous to Fort Dix and are not considered COCs for the Dix Area 
Sanitary Landfill. The results of the ERA illustrate that in September 
2009 only one COC (mercury) at SD-9 exceeded ESC. Since this ESC 
exceedance, the concentration of zinc at SW-2 has reduced in 
concentration below the ESC. The 2005 CERCLA Five-year Review Addendum 
concluded that the mercury exceedances at this location are attributed 
to a separate site upgradient of the Dix Area Sanitary Landfill.
Site Inspections
    Site inspections are performed by a JB MDL representative every 30 
days and after large rain events or episodes of severe weather. The O&M 
contractor also performs a separate inspection on a quarterly basis. A 
compilation of these quarterly inspection reports is submitted to the 
regulatory agencies for review on annual basis. For areas that do not 
have a landfill cap installed, visual observations are made to ensure 
run-on and runoff controls are performing as intended. Any exposed 
waste in these areas is covered with compacted soil.
Cap Maintenance
    On the landfill cap, tree and brush growth is not allowed for 
protection of the cap's liner system. Areas of settlement and damage by 
burrowing animals are repaired as needed. The sediment and erosion 
control features are maintained by cleaning debris and accumulated 
sediment to maintain proper infiltration and prevent clogging of the 
outlet control structure and emergency spillway. Since the last Five-
year Review, there has been evidence of minor burrowing activity; 
however, the effects of the burrowing activity have not impacted the 
landfill cap or the protectiveness of the remedy. When located, burrows 
are routinely destroyed during the inspection process.
    NJDEP will assume lead regulatory responsibility for all future 
O&M, implementation of ICs, and ensuring that the remedy remains 
protective into the future. Site LUCs will continue under the current 
NJDEP CEA program for the site. Long Term Monitoring of groundwater, 
surface water and sediment will continue in accordance with Long-Term 
Monitoring Plan.

Five-Year Review

    The third five year review was completed September 15, 2100. The 
technical assessment summary concluded that the remedy is functioning 
as intended and remains protective of human health and the environment. 
There were three issues highlighted in the review. Evidence of erosion 
along the western slope of the landfill was identified. This erosion 
was stabilized and vegetation cover was restored. A fallen tree along 
the northern boundary perimeter fence was removed, and the fence was 
restored. There was a lack of sentinel wells to delineate groundwater 
COCs. Sentinel wells have been selected or installed.
    The next Five-year Review for the Dix Area Sanitary Landfill is 
required by September 2015.

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. Throughout the removal and remedial process, EPA and the NJDEP 
have kept the public informed of the activities being conducted at the 
Site by way of public meetings, progress fact sheets, and the 
announcement through local newspaper advertisement on the availability 
of documents such as the RI/FS, Risk Assessment, ROD, Proposed Plan and 
Five-Year Reviews. Notices associated with these community relations 
activities were also mailed out to the area residents and other 
concerned parties on the mailing list for the Site.

Determination That the Site Meets the Criteria for Deletion From the 
NCP

    The NCP specifies that EPA may delete a site from the NPL if 
``responsible parties or other persons have implemented all appropriate 
response actions required '' as stated in 40 CFR 300.425(e)(1)(ii). 
EPA, with the concurrence from the State of New Jersey, through NJDEP, 
dated May 3, 2012, believes that this criterion for deletion has been 
met. Consequently, EPA is deleting this Site from the NPL. Documents 
supporting this action are available in the Site files.
    The Site meets all the site completion requirements as specified in 
the ROD, and all of the remedial actions at the site have been 
implemented. The implemented remedy achieves the degree of clean-up and 
protection specified in the ROD for all pathways of exposure. Continued 
implementation of the ICs and LTMP will ensure the long-term 
protectiveness of the remedy. Currently, none of the COCs outlined in 
the ROD have migrated past the landfill unit boundary as evidenced by 
groundwater, surface water and sediment data collected.
    No further Superfund response is needed to protect human health and 
the environment.

V. Deletion Action

    The EPA, with concurrence of the State of New Jersey through the NJ 
Department of Environmental Protection, has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, monitoring and five-year reviews have been completed. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 24, 2012 unless EPA receives adverse comments by 
August 24, 2012. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion, and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances,

[[Page 43535]]

Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Superfund, Water pollution control, Water supply.

    Dated: July 9, 2012.
Judith Enck,
Regional Administrator, Region 2.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    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.

Appendix B to Part 300 [Amended]

0
2. Table 2 of Appendix B to part 300 is amended by removing ``Fort Dix 
(Landfill Site)'', ``Pemberton Township'' under NJ.

[FR Doc. 2012-18136 Filed 7-24-12; 8:45 am]
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