[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50038-50044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-9718-4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Hooker (Hyde Park) 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 Hooker (Hyde Park)
Superfund Site (Site), located in Niagara Falls, New York, 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 final deletion is being published by EPA with the
concurrence of the State of New York, through the Department of
Environmental Conservation, because EPA has determined that all
appropriate
[[Page 50039]]
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 30, 2012
unless EPA receives adverse comments by September 19, 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-1983-0002, by one of the following methods:
Web site: http://www.regulations.gov. Follow on-line
instructions for submitting comments.
Email: sosa.gloria@epa.gov.
Fax: To the attention of Gloria M. Sosa at 212-637-4283.
Mail: To the attention of Gloria M. Sosa, Remedial Project
Manager, Emergency and Remedial Response Division, U.S. Environmental
Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY
10007-1866.
Hand delivery: Superfund Records Center, 290 Broadway,
18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308), (Monday
to Friday from 9 a.m. to 5 p.m.). 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-
1983-0002. 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. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Telephone:
(212) 637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.
U.S. EPA Western NY Public Information Office, 86 Exchange Place,
Buffalo, NY 14204-2026, Telephone: (716) 551-4410, Hours: Monday to
Friday from 8:30 a.m. to 4 p.m.
FOR FURTHER INFORMATION CONTACT: Gloria M. Sosa, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway,
20th Floor, New York, NY 10007-1866, telephone: (212) 637-4283, email:
sosa.gloria@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 Hooker (Hyde Park) Superfund Site (Site), from the National
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part
300, which is the National 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 Sec. 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 30, 2012 unless EPA
receives adverse comments by September 19, 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 Hyde Park 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 environment and, therefore,
the taking of remedial measures is not appropriate.
[[Page 50040]]
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 York 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 York Department of
Environmental Conservation, 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 Niagara Gazette, a major local
newspaper. 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 Site, EPA ID No. NYD00831644, consists of approximately fifteen
acres and is located in the northwest corner of the Town of Niagara,
New York. The Site is immediately surrounded by several industrial
facilities and property owned by the New York Power Authority.
Residential neighborhoods are located to the northwest and south of the
landfill. The Niagara River, an international boundary, is located
2,000 feet to the northwest, down the Niagara Gorge which descends
approximately 350 feet below the surface of the landfill. The Niagara
River flows into Lake Ontario approximately 10 miles downstream of the
Site. Lake Ontario is a drinking-water source for millions. Niagara
University, which has three thousand students, is less than one mile in
distance from the Site.
The Bloody Run is a small drainage area flowing north from the
landfill and considered part of the Site. The stream flows under a
neighboring industry via a storm sewer, and under University Drive via
a storm sewer which emerges at the Niagara Gorge.
The geology underlying the Site is glacial overburden overlying the
fractured Lockport Dolomite bedrock. Groundwater in the vicinity of the
landfill flows in both the overburden and the bedrock. Generally, the
overburden is saturated at depths below ten feet. The groundwater
movement from the landfill is both downward and horizontal. Some of
this groundwater exits the Niagara Gorge Face in the form of seeps
which flow into the Niagara River. Contaminants migrate from the
landfill in two forms: Aqueous phase liquid (APL or contaminated
groundwater) and dense non-aqueous phase liquid (NAPL).
Hooker Chemical and Plastic Corporation, now Occidental Chemical
Corporation (OCC), disposed of approximately 80,000 tons of waste
(drummed and bulk liquids, and solids) at the Site, from 1953 to 1975,
primarily chlorobenzenes, chlorotoluenes, halogenated aliphatics and
2,4,5-trichlorophenol (TCP) still bottoms. An estimated 3,300 tons of
TCP were disposed of at the Site; TCP wastes are known to contain
significant amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). EPA
has estimated that approximately 0.7-1.6 tons of TCDD were associated
with the TCP wastes at the Site.
The Site was proposed to the NPL in December 1982 (47 FR 58476) and
was listed on the NPL in September 1983 (48 FR 40658).
Remedial Investigation and Feasibility Study (RI/FS)
EPA filed a lawsuit in 1979 in federal district court under the
authority of the Resource Conservation and Recovery Act and the Clean
Water Act seeking to require that OCC remediate the Site. EPA, New York
State and OCC filed a Stipulation and Judgment Approving Settlement
Agreement (Settlement Agreement) in January 1981, which the Court
approved in April 1982. The Settlement Agreement required OCC to
perform an Aquifer Survey (which can be compared to a Remedial
Investigation) to define the extent of contamination in the overburden
and bedrock and assess remedial alternatives. OCC completed this effort
in 1983. The results of the aquifer survey were used by the negotiation
team (EPA/NY State and OCC) to agree on remedial actions to be
performed at the Site. These required remedial actions were documented
in a Stipulation on Requisite Remedial Technology (RRT Stipulation),
which was approved by the Court in August 1986. During the RRT
negotiations, EPA performed a risk assessment using worst case exposure
scenarios which indicated that the greatest risk from the Site was the
consumption of fish contaminated with TCDD.
Selected Remedy
EPA issued an Enforcement Decision Document (EDD--a precursor and
equivalent to a Record of Decision) on November 26, 1985, which
documented the remedial action selected for Site cleanup. EPA
acknowledged that the APL and NAPL plumes would not be remediated to
drinking water standards because of the persistent nature of NAPL.
Therefore, the goal of the remedies selected in the EDD was to
hydraulically contain contaminated groundwater (APL plume) in the
vicinity of the Site, while extracting as much NAPL as is practicable.
The major components of the 1985 EDD included the following:
Source control (prototype extraction wells);
[[Page 50041]]
Containment and collection of APL and NAPL in the
overburden;
Containment and collection of APL and NAPL in the bedrock;
Treatment of collected APL and NAPL;
Community Monitoring Program (monitoring wells for early
detection of Site chemicals);
Intermediate and Deep Formations Study (monitoring wells);
Industrial Protection Program (remediation of sumps and
sealing of manholes);
Perimeter Capping (clay cap around perimeter of landfill);
Gorge face seeps remediation;
Bloody Run Excavation or Capping;
Final capping and Site closure; and,
TCDD Bioaccumulation Study in Lake Ontario.
The RRT established APL Plume Flux Action Levels for the following
chemicals: TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex]
(0.005 lbs/day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7
lbs/day). These action levels represent concentrations of these
contaminants that, if detected entering the river (flux of contaminants
to the river) at or above these concentrations, would cause OCC to take
additional remedial actions (e.g. increased pumping, installing
additional wells or other remedial measures) to reduce these
contaminant levels.
On May 7, 2012, EPA issued an ESD which had two components. This
ESD documented the placement of an institutional control, a Declaration
of Restrictive Covenants and Environmental Easement, on the property
which constitutes the former Hyde Park Landfill. In addition, this ESD
clarifies that the selected remedy for the Site in the EDD is a
containment remedy and not an aquifer restoration remedy intended to
restore the aquifer to its best beneficial use (i.e., a source of
drinking water). The goal of a containment remedy is to prevent the
migration of disposed waste and leachate along with affected
groundwater from a landfill or site.
Response Actions
Source Control
The purpose of the source control program is to reduce the amount
of chemicals migrating downward from the landfill by removing any
mobile NAPL remaining in the landfill. OCC installed 6 source controls
wells (two 36-inch wells and four 2-inch wells) in the landfill. Nine
monitoring wells were also installed in the landfill. One source-
control well has since been converted to a monitoring well because of
low NAPL collection. The source control program has not yielded large
amounts of NAPL. EPA believes that most of NAPL which was once present
in the overburden in the landfill has either sorbed to the bedrock,
been captured, or remains in pockets or pools that are not
hydraulically connected to the source control wells. In addition, the
installation of the final cap on the landfill has eliminated the
continued production of leachate from rainfall and thereby dramatically
reduced the hydraulic head of APL within the landfill, removing the
driving force for the NAPL.
NAPL is extracted by the source-control wells and flows into a
decanter at the onsite Storage and Treatment Facility. NAPL is
transported by truck to a permitted offsite facility for incineration.
To date, more than 300,000 gallons of NAPL have been removed and
destroyed.
Overburden APL and NAPL Plume Containment System
The Overburden Barrier Collection System (OBCS), a drain around the
entire landfill to contain and collect contaminated groundwater, was
installed by OCC in 1991. Pumping wells create an inward hydraulic
gradient. Water-level measurements indicate that an inward gradient is
being achieved in the overburden, thereby capturing the contaminated
groundwater associated with the Site. Both APL (above MCLs) and NAPL
were not observed in any of the overburden monitoring well locations
after 1996, indicating that the OBCS serves as an effective barrier to
offsite NAPL migration.
Bedrock NAPL Plume Containment System
The Bedrock NAPL Plume Containment System, consisting of extraction
(pumping) wells, was designed and installed by OCC in a phased approach
between 1990 and 1997. A total of 16 extraction wells were installed
and are pumped to achieve an inward hydraulic gradient. Water-levels
are measured quarterly to ensure capture of contaminated groundwater.
Bedrock APL Plume Containment System
The APL Plume Containment System, consisting of three purge wells
installed at the Niagara Gorge Face in 1994, contains and collects a
significant portion of the APL plume. The portion of the APL plume not
collected by these wells is monitored by 3 flux monitoring well
clusters to the west of the Site and 3 piezometer clusters in the
northern and eastern portion of the APL plume.
Leachate Storage and Treatment Facility
APL is treated onsite at the Leachate Storage and Treatment
Facility constructed by OCC which began operating in April 1990. The
APL/NAPL mixture is pumped from the wells through force mains into a
decant tank. The NAPL, denser than water, settles to the bottom. APL is
taken off the top of the decanter and pumped into the storage tanks.
The APL first passes through sacrificial activated carbon beds (which
cannot be recycled because of the dioxin and are disposed of offsite).
The APL is then treated in an activated carbon system. The facility
currently has a capacity to treat 400 gallons per minute.
Landfill Cap
The perimeter cap of the landfill was completed in 1991, and the
entire landfill was capped in 1994. The final cap consisted of the
following: 36 inches of low-permeability clay; a synthetic membrane; a
drainage layer and topsoil seeded with native vegetation for barrier
protection. EPA routinely inspects the landfill cap for erosion. The
current condition of the cap is excellent.
Bloody Run Remediation
The Bloody Run received drainage from the landfill prior to any
remedial measures being conducted at the Site. OCC excavated
approximately thirty thousand cubic yards of contaminated sediment from
the Bloody Run drainage area. The area was then backfilled and covered
with riprap. This work was completed in January 1993. The Bloody Run
now flows via a storm sewer which surfaces at the Niagara Gorge. The
restored area was observed to have abundant vegetation during a Site
visit in June 2011.
Niagara River Gorge Face Remediation
Groundwater seeps from the rock at the Niagara Gorge, approximately
2000 feet from the Site. TCDD was detected in one sample from a seep
during remedial investigations at 0.2 parts per trillion (ppt). EPA and
New York State determined that humans should be isolated from the seeps
to prevent an exposure pathway to the contaminants. The Gorge Face
Seeps were remediated in 1988, except for the Bloody Run portion, which
was remediated in 1994. Access by humans to the seeps has been
prevented by the installation of fences and the diversion of seeps into
culverts. All contaminated sediments were scraped away. Annual
inspections of the
[[Page 50042]]
Gorge Face are conducted by representatives of EPA, New York State and
OCC. The pumping of the APL wells has strongly influenced the seeps,
drying many.
Institutional Controls
A Declaration of Restrictive Covenants and Environmental Easement
was placed on the property and lodged with the County of Niagara on
October 7, 2010. The Grantor (OCC) grants a permanent restrictive
covenant and an environmental easement to the Grantee (Town of Niagara)
to provide a right of access over the approximately twenty-one acre
property (the ``Property'') for purposes of implementing, facilitating
and monitoring the remedial action. The Property includes the Site as
well as the Bloody Run Drainage area. The covenant/easement also
imposes on the property use restrictions that will run with the land
for the purpose of protecting human health and the environment in the
future.
The following restrictions apply to the use of the Property, run
with the land, and are binding on the Grantor: The Property shall not
be used in any manner that would interfere with or adversely affect the
implementation, integrity, or effectiveness of the remedial action
performed at the Site, including, but not limited to: (a) The
extraction of on-site groundwater; (b) any digging, excavation,
extraction of materials, construction, or other activity outside the
requirements of the remedial action that would disturb the cap placed
upon the Landfill at the Site; or (c) other activity that would disturb
or interfere with any portion of the remedial action for the Site
enumerated in the RRT Stipulation. The Property may not be used for
residential use. However, the Property may be used for commercial or
industrial use as long as designated, and long term engineering
controls are employed and remain effective, specifically, the operation
of the portion of the Response Action pertaining to the extraction
wells, treatment facility and maintenance of the cap.
In addition to the Site-specific institutional control, the Niagara
County Department of Health imposes restrictions on the drilling and
usage of wells. These restrictions ensure that drinking-water wells are
not installed in areas of contaminated groundwater, effectively
preventing exposure to Site-related contaminants through ingestion.
Additional Remedial Actions
OCC has performed additional remedial actions at the Site in
addition to those previously discussed. The onsite lagoons were
remediated in 1991. NAPL in the lagoons was pumped into the leachate
storage facility and the lagoons were closed. NAPL was also pumped from
four railroad tank cars, which had been used onsite for years as
storage for NAPL generated from remedial investigations because there
was no facility permitted to destroy dioxin. In 1991, the tank cars
were placed in the waste disposal cells.
OCC also remediated sewers in the area. Sewers provided
preferential pathways for contaminants to migrate through the
overburden. OCC relocated a sewer at TAM Ceramics and remediated the
College Heights sewer. The remediation of the University Drive
(bordering Niagara University) sewer was completed in August 1993. NAPL
contaminated soils were removed from under University Avenue.
Additional Studies Conducted
OCC conducted an Intermediate Formations Study to determine if
contaminants from the Site had penetrated the Rochester Shale
(aquitard) formation below the Lockport Dolomite. Most of the
parameters were not detected above the concentrations of Lower
Formation Survey Parameters listed in the RRT Stipulation. However,
phenol, total organic halogen, PCB-1248 and conductivity did exceed the
survey levels. OCC calculated a flux in the monitoring report which was
four to five orders of magnitude below the Flux Action Level. OCC was
not required to install monitoring wells in the Deep Formations because
the Intermediate Formations' investigation indicated that Site
contaminants had not migrated through the shale and were not present in
the Intermediate Formations.
Lake Ontario TCDD Bioaccumulation Study
The RRT established APL Plume Flux Action Levels based on EPA's
worst-case bioaccumulation assumptions for the following chemicals:
TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex] (0.005 lbs/
day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7 lbs/day).
These action levels represent concentrations of these contaminants
that, if detected entering the river (flux of contaminants to the
river) at or above these concentrations, would require OCC to take
additional remedial actions (e.g. increased pumping, installing
additional wells or other remedial measures) to reduce these
contaminant levels. The only parameter detected in 2001 was TCDD. OCC
calculated the flux of TCDD to the Niagara River as 7.06 x 10-5 grams/
year, which is several orders of magnitude below the Flux Action.
The predicted steady-state TCDD concentrations for an input
comparable to the TCDD APL Plume Flux Action Level of 0.5 grams/year
are 0.026 nanograms/year (sorbed sediment concentrations) and 9.5 x 10-
5 picograms/liter (water column dissolved concentration).
The TCDD Study, together with the model, indicated that TCDD was
bioaccumulating in the tissues of various species of Lake Ontario fish
at a range of rates such that the overall TCDD APL Plume Flux Action
Level of 0.5 grams/year stipulated by the RRT remains protective.
Community Monitoring Program
The Community Monitoring Wells, a system of wells installed in 1987
in both the overburden and shallow bedrock throughout the neighborhood,
provide early warning of the presence of Site-related contaminants in
the groundwater. These wells are sampled and analyzed quarterly. Should
Site-related contaminants be detected, OCC must take further remedial
action. Site-related contaminants have never been detected in these
wells. The data collected have demonstrated that the groundwater flow
is vertically downward in the nearby community. EPA and New York State
review the analytical results from sampling of these wells to ensure
the community is being protected.
Vapor monitoring is performed in the overburden community
monitoring wells annually during the third quarter when temperature is
high and the volatilization potential is greatest. If vapor readings
for total VOCs exceed 0.050 parts per million by volume (ppmv), OCC is
required to take a groundwater quality sample. Vapor readings, as
documented in the 2011 Annual Report, have been at 0 parts per billion
by volume (ppbv) for all Community Monitoring Wells.
Cleanup Goals
The RRT established APL Plume Flux Action Levels for the following
chemicals: TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex]
(0.005 lbs/day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7
lbs/day). Sampling results from December 2011 indicate that the
concentrations of the APL Flux parameters are significantly below their
respective Flux Action Levels. None of the APL Flux Parameters were
detected above their detection levels and calculation of the flux to
the Niagara River Gorge was not required. The detection levels for the
Polychlorinated Biphenyls (PCBs) are as follows: Pentachlorobiphenyl is
0.20
[[Page 50043]]
micrograms per liter ([mu]g/L), Tetrachlorobiphenyl is 0.20 [mu]g/L and
Trichlorobiphenyl is 0.098 [mu]g/L. The detection levels for the
pesticides are as follows: alpha-BHC 0.050 [mu]g/L, beta-BHC 0.050
[mu]g/L, delta-BHC 0.050 [mu]g/L, gamma-Chlordane 0.050 [mu]g/L. The
detection limit for Mirex is 0.050 [mu]g/L and for 2,3,7,8-TCDD) is
9.52 picograms/L.
The performance goal for the remedy is containment of contaminated
groundwater. EPA utilized multiple lines of evidence to determine that
site related contamination is being hydraulically contained. These
multiple lines of evidence include: Potentiometric surface maps for the
eight monitored flow zones; groundwater quality data; groundwater flow
budget and particle tracking analysis using a numerical groundwater
flow model; vertical hydraulic gradient data; historical groundwater
quality trends from the NAPL Performance Monitoring Wells; groundwater
relative age dating based on sulfate concentrations; and, comparison of
the chemistry of the seeps in the Niagara River gorge to the chemistry
of the bedrock groundwater.
Following all these lines of evidence, EPA concluded that the
performance objectives of the remedy were maintained throughout the
year. Based upon these results, the EDD remedy selected for the Site is
deemed to be effective in protecting human health and the environment.
Groundwater monitoring continues to demonstrate that hydraulic
containment is being achieved at the Site. The results of the
groundwater monitoring are presented in the Site annual reports which
document containment.
Although cleanup levels were not developed for Bloody Run, post
excavation sampling indicated that contaminants were remediated to
concentrations below 1 microgram per kilogram ([mu]g/kg) for TCDD and
25 milligram per kilogram (mg/kg) for Arochlor 1248. The excavated area
was backfilled with clean soil and covered in riprap, further reducing
exposure.
Operation and Maintenance
OCC and CRA prepared the Hyde Park Collection and APL Treatment
System Operation and Maintenance Manual (O&M Manual) in December 2003,
which was approved by EPA and NYSDEC. The O&M Manual was subsequently
revised and incorporated into the Performance Monitoring Plan in 2006.
The treatment system treats more than fifty million gallons of
water each year and is monitored on a daily, weekly and quarterly basis
to ensure compliance with the discharge requirements. There are nine
locations in the system where water samples are collected to monitor
system performance. The carbon beds at the Treatment Facility are
routinely changed and regenerated. The sacrificial carbon beds, which
cannot be regenerated, must also be changed and disposed.
OCC must perform extensive well and pump maintenance, as NAPL often
fouls wells and pumps. Annual inspections of the monitoring wells are
conducted to ensure that the casings and caps are in good condition.
Five-Year Review
Hazardous substances remain at the Site above levels that would
allow for unlimited use with unrestricted exposure. Pursuant to Section
121(c) of CERCLA, EPA reviews site remedies where such hazardous
substances, pollutants, or contaminants remain no less often than every
five years after the initiation of a remedy at a site.
Three Five-Year Reviews have been completed at this Site. The
fourth Five-Year Review, completed in September 2011, concluded that
the remedy is functioning as intended by the Site's decision documents.
There have been no changes in the physical conditions of the Site that
would affect the protectiveness of the remedy. The hydraulic
containment stipulated in the EDD and RRT has been achieved. There have
been no changes in the toxicity factors for the contaminants of concern
and there has been no change to the standardized risk assessment
methodology that could affect the protectiveness of the remedy. There
is no other information that calls into question the protectiveness of
the remedy. The next Five-Year Review is scheduled to be completed
before September 2016.
Community Involvement
Public participation activities for this Site have been satisfied
as required in CERCLA Section 113(k), 42 U.S.C. 9613(k), and Section
117, 42 U.S.C. 9617. EPA held numerous public meetings through the
remedy selection process and subsequent implementation of remedial
activities by OCC. All other documents and information which EPA relied
on or considered in recommending this deletion are available for the
public to review at the information repositories.
Determination That the Site Meets the Criteria for Deletion in the NCP
All of the completion requirements for this Site have been met, as
described in the August 2012 Final Close-Out Report. The State of New
York, in a July 29, 2008 letter, concurred with the proposed deletion
of this Site from the NPL.
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate Fund-financed response under CERCLA has been implemented,
and no further response action by responsible parties is appropriate.''
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New
York, through NYSDEC, believes that this criterion for deletion has
been met because landfill cap has decreased leachate generation and as
a result, NAPL mobility has decreased. In addition, overburden and
bedrock hydraulic containment is effective in containing both NAPL and
APL plumes within the TI zone documented in the 2011 ESD and prevent
contaminants from seeping into the Niagara River. Finally, ICs prevent
disturbance of the landfill cap and consumption of contaminated
groundwater. Consequently, EPA is deleting this Site from the NPL.
Documents supporting this action are available in the Site files.
V. Deletion Action
The EPA, with concurrence of the State of New York through the
Department of Environmental Conservation, 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 on September 30, 2012 unless EPA receives adverse comments
by September 19, 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, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
[[Page 50044]]
Dated: August 9, 2012.
Judith A. Enck,
Regional Administrator, EPA, 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.
0
2. Table 1 of Appendix B to part 300 is amended by removing ``Hooker
(Hyde Park)'', ``Niagara Falls '' under NY.
[FR Doc. 2012-20267 Filed 8-17-12; 8:45 am]
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