[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Rules and Regulations]
[Pages 43529-43535]
From the Federal Register Online via the Government Publishing 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: [email protected].
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: [email protected].
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
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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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