[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60721-60726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24116]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9901-60-Region 2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Ludlow Sand & Gravel 
Superfund Site

AGENCY: United States Environmental Protection Agency (EPA).

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 Ludlow Sand & 
Gravel Superfund Site (Site), located in the Town of Paris, Oneida 
County, 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 Notice of Deletion is being 
published by EPA with the concurrence of the State of New York (State), 
through the New York State Department of Environmental Conservation 
(NYSDEC). EPA and NYSDEC have determined that all appropriate response 
actions under CERCLA, other than monitoring and maintenance (M&M) and 
five-year reviews, have been completed. However, this deletion does not 
preclude future actions under Superfund.

DATES: This direct final deletion will be effective December 2, 2013 
unless EPA receives adverse comments by November 1, 2013. If adverse 
comments are received, EPA will publish a timely withdrawal of this 
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:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: rodrigues.isabel@epa.gov.
     Fax: To the attention of Isabel Rodrigues at 212-637-4284.
     Mail: To the attention of Isabel Rodrigues, 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). Such 
deliveries are only accepted during the Record Center's normal hours of 
operation (Monday to Friday from 9 a.m. to 5 p.m.). 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 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 via 
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 comments. If you 
send comments to EPA via email, your email address will be included as 
part of the comment that is placed in the Docket and made available on 
the Web site. If you submit electronic comments, EPA recommends that 
you include your name and other contact information in the body of your

[[Page 60722]]

comments and with any disks or CD-ROMs that you submit. If EPA cannot 
read your comments due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comments. 
Electronic files should avoid the use of special characters and any 
form of encryption and should 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available Docket materials can be viewed electronically at 
http://www.regulations.gov or obtained in hard copy at:

U.S. Environmental Protection Agency, Region 2, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m. and
Town of Paris, Town Hall, 2580 Sulphur Springs Road, Sauquoit, NY 
13456-0451, Phone: 315-839-5400, Hours: Monday-Thursday from 9:00 a.m. 
to 4:00 p.m., Friday from 9:00 a.m. to 12:00 p.m. and
NYSDEC Central Office, 625 Broadway, Albany, NY 12233-7016, Phone: 518-
402-9775, Hours: Monday-Friday from 9:00 a.m. to 5:00 p.m., Please call 
for an appointment. and
NYSDEC Region 6 Sub-Office, State Office Building, 207 Genesee Street, 
Utica, NY 13501, Phone: 315-793-2555, Hours: Monday-Friday from 8:30 
a.m. to 4:45 p.m.,Please call for an appointment.


FOR FURTHER INFORMATION CONTACT: Isabel Rodrigues, Remedial Project 
Manager, by mail at Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, 
New York, NY 10007-1866; telephone at 212-637-4248; fax at 212-637-
4284; or email at rodrigues.isabel@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 deletion of the Ludlow 
Sand & Gravel Superfund 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 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 
Section 300.425(e)(3) of the NCP, a site deleted from the NPL remains 
eligible for remedial actions if conditions at the site warrant such 
action.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective December 2, 2013 unless EPA 
receives significant adverse comments by November 1, 2013. Along with 
this direct final Notice of Deletion, EPA is co-publishing a Notice of 
Intent to delete the Site in the ``Proposed Rules'' section of today's 
Federal Register. 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 the deletion will not take effect. EPA will, if 
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 received. In such a case, there will be no additional 
opportunity to comment.
    Section II below explains the criteria for deleting sites from the 
NPL. Section III discusses procedures that EPA is using for this 
action. Section IV discusses the Site and demonstrates how it meets the 
deletion criteria. Section V discusses EPA's action to delete the Site 
from the NPL unless significant 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 there is no risk posed or 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 parties have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release of 
hazardous substances poses no significant threat to public health or 
the environment and, therefore, 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 York prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
also 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 NYSDEC, 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 a major local newspaper, The 
Observer-Dispatch (Utica). The newspaper notice announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the 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

[[Page 60723]]

this direct final Notice of Deletion before its effective date and will 
prepare a response to comments. If appropriate, EPA may then continue 
with the deletion process based on 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's management of sites. 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 summary provides the Agency's rationale for deleting 
the Site from the NPL.

Site Background and History

    The Site is located in the Town of Paris, Oneida County, New York, 
approximately six miles south of Utica. The Ludlow Sand & Gravel 
property encompasses approximately 60 acres with landfill activities 
confined to approximately 18 acres. The fill area is fenced on the 
western boundary along Holman City Road. The south and east sides of 
the landfill are bounded by a designated wetland and an unnamed stream, 
while to the north, the landfill is bounded by a gravel pit which is 
also part of the Site.
    The landfill began receiving municipal refuse from surrounding 
communities in the 1960's. The landfill also received bulk liquid, 
including septage, waste oils, coolants, and sludges containing metals. 
The bulk liquids were disposed of at the landfill by surface 
application. The on-site gravel pit, known as the North Gravel Pit 
(NGP), located to the north of the landfill, was also periodically used 
for the disposal of bulk waste oils. Drummed liquid wastes were 
reportedly not disposed of in the landfill. Drummed liquids were bulked 
using a vacuum truck and were applied to the landfill in a manner 
similar to the bulk liquids previously described. The landfill 
continued to accept waste until it was shut down by court order in 
1988.
    As early as 1966, New York State cited the owner/operator, Mr. 
Ludlow, for improper or illegal waste disposal practices. A variety of 
legal actions were taken against Mr. Ludlow in response to legal 
complaints made by the New York State Department of Law.
    Preliminary site investigations conducted by NYSDEC in 1982 
identified the presence of polychlorinated biphenyls (PCBs) in leachate 
seeps emanating from the landfill. Reports from the community and site 
inspections conducted by the NYSDEC indicated that the Site warranted 
proposal for the NPL. In December 1982, the Site was proposed to the 
NPL (47 FR 58476). In September 1983, the Site was placed on the NPL 
(48 FR 40658). EPA, in consultation with the State, divided the site 
into two operable units (OUs). OU1 addressed the landfill proper and 
OU2 was to address contamination in off-site groundwater, the on-site 
wetlands, and the NGP.

Remedial Investigation and Feasibility Study

    Special Metals Corporation of Utica, New York, a potentially 
responsible party (PRP), agreed to perform a Remedial Investigation/
Feasibility Study (RI/FS) for the site in an Administrative Consent 
Order with the State that was signed on September 10, 1984. The 
completed RI/FS was submitted to the State in 1986 and included a 
recommendation for landfill closure as the remedy for the site. The FS 
recommended alternatives for remediating the landfill that were less 
stringent than the federal and state requirements. Subsequently, Mr. 
Ludlow, another PRP, engaged a contractor to perform additional 
investigations to supplement the initial investigation and prepare a 
closure plan. A second investigation report with a final closure plan 
was submitted to the State for review. In July 1987, a Federal District 
Court Judge in the District Court of Binghamton ordered the landfill to 
close by February 15, 1988 pursuant to federal and state regulation and 
ordered the partial payment of response costs to the State. Concurrent 
with the PRP's additional investigations, the EPA tasked a contractor 
to perform a supplemental RI/FS in response to the State's request for 
assistance in evaluating the cost of the alternatives. The supplemental 
RI/FS was released to the public for comments in August 1988.
    A supplemental RI to investigate the drinking water supply was also 
conducted. The Village of Clayville's water system is located 
approximately three quarters of a mile northwest of the landfill. This 
system consists of a supply well 81 feet deep that has a capacity of 70 
gallons per minute. The only individual water supply wells within 1,000 
feet of the landfill are three homeowner wells along Mohawk Street 
located upgradient to groundwater flow around the landfill and eight 
additional homeowner wells located between 1,000 and 3,000 feet from 
the landfill. The three closest residential wells and the Clayville 
public water supply were sampled for organics and metals. The results 
indicated that all off-site residential and public water supplies met 
federal and state drinking water standards.
    In 1994, the PRPs proposed a work plan for a supplemental RI/FS to 
address OU2. As some removal of contaminated material had occurred as 
part of the implementation of the OU1 remedy, the PRPs believed that 
sufficient work was done to address the contamination at the NGP and 
that any further remedial action was unnecessary. The EPA and NYSDEC 
disagreed and the dispute was taken to court. Subsequently, the work 
plan was approved for implementation under a Consent Judgment, by order 
of the court, dated August 3, 1996. The purpose of the supplemental RI 
was to characterize the extent of groundwater contamination further and 
to define the nature and extent of residual contamination at the NGP. 
The supplemental RI was conducted between November 1996 and January 
1998.

Selected Remedy

    Based upon the results of the RI/FS, EPA signed a Record of 
Decision (ROD) on September 30, 1988. The remedial measures identified 
in the 1988 OU1 ROD were as follows:
     Consolidate approximately 10,000 cubic yards of 
contaminated soil and sediment located adjacent to the landfill and 
dispose of it in the landfill and then place either a clay or synthetic 
cover over it to prevent rain water from coming into contact with the 
buried materials;
     Collect leachate from seepage areas;
     Dewater the landfill, if necessary, by using either a 
passive drain system or groundwater extraction wells;
     Implement upgradient groundwater controls to lower the 
water table to prevent groundwater from coming into contact with the 
waste material;
     Treat the contaminated leachate and groundwater at an on-
site facility, or if the volume of water were small, transport the 
water and leachate to an approved disposal facility;
     Install a perimeter fence around the site, including the 
wetlands;
     Recommend that institutional controls be established in 
the form of deed restrictions on future uses of the site; and

[[Page 60724]]

     Monitor the groundwater, private wells, and surface water 
to ensure that remediation of the landfill is effective.
    In addition, the ROD called for implementation of a soil/sediment 
sampling program to fully define the volume and extent of contaminated 
soils to be consolidated under the cap. New York State and the PRPs 
entered into a Consent Judgement in the Northern District of New York 
for the implementation of an Approved Remedial Plan (ARP). The ARP 
addressed the elements of the 1988 ROD. The ARP also included elements 
that were to be addressed as part of OU2, including the excavation and 
consolidation of contaminated sediments from the wetlands and PCB-
contaminated soil from the NGP into the landfill. It also included a 
supplemental groundwater study that was completed by the PRPs in 
January 1990.
    Many soil and groundwater samples were collected at the site to 
characterize the nature and extent of contamination as part of the 
supplemental RI. These and other data indicated that PCBs were the 
principal contaminants which exceeded soil cleanup values. These PCB 
concentrations remained at depth in the NGP because of the limitations 
of the excavation equipment which was used when the NGP was excavated 
as part of the OU1 remedial activities. In addition, low levels of 
volatile organic compounds (VOCs) and inorganic compounds (metals) were 
also detected in soil and groundwater samples on a sporadic and limited 
basis. During the supplemental RI quarterly groundwater sampling was 
performed at five wells around the perimeter of the NGP from September 
1997 until March 1999 for a total of seven sampling events. Monitoring 
well MW11-R had detectable concentrations of PCBs (0.13 parts per 
billion (ppb) and 0.24 ppb) in the unfiltered samples during two of the 
seven sampling events (September 1997 and June 1998). All other wells 
sampled and all filtered samples did not demonstrate detectable 
concentrations. This indicated that PCB contamination is not migrating 
in groundwater and is confined to the pit area. Based upon these data, 
it was determined that no further remedial action was necessary for the 
groundwater, with the assumption that the residual PCB contamination 
remaining below the water table in the NGP would be addressed as part 
of the OU2 remedy.
    The remedy for OU2, specified in a ROD issued by NYSDEC on March 
31, 2003, primarily addressed residual PCB contamination at depth in 
the NGP and specifically called for:
     Solidifying soil at depth with PCB concentrations above 10 
parts per million (ppm);
     Implementing a pre-design delineation sampling program to 
determine the area to be treated;
     Implementing soil bench-scale testing to determine the 
grout characteristics;
     Backfilling the NGP to its original elevation, covering 
the area with clean soil to raise the surface elevation to its original 
grade, and applying a vegetative cover;
     Limiting site access and issuing a deed restriction to 
prohibit groundwater usage and limiting the land use to nonresidential 
purposes;
     Installing at least two downgradient deep groundwater 
monitoring wells to ensure that PCB migration in the groundwater is not 
occurring; and
     Implementing a groundwater monitoring program.

Response Actions

    The remedial action (RA) for OU1 was conducted by the PRPs pursuant 
to the Consent Judgement with the State. During the remedial design, 
the soil contamination in the wetlands areas and NGP were delineated. 
The Remedial Design Report was approved by the NYSDEC in June 1990.
    RA activities for OU1 started in 1990 and were performed under the 
oversight of the NYSDEC. Sediment from the wetlands was excavated to 
the NYSDEC Technical and Administrative Guidance Memorandum (TAGM) No. 
94-HWR-4046 surface soil guidance value of 1 ppm for PCBs and 
consolidated into the landfill prior to the cap completion. 
Approximately 40 cubic yards of sediment with PCB concentrations 
greater than 500 ppm were disposed of off-site at an approved disposal 
facility. Approximately 60,000 cubic yards of soil were excavated from 
the NGP, of which approximately 40,000 cubic yards were found to be 
contaminated with PCBs and were consolidated into the landfill prior to 
completion of the cap. The other 20,000 cubic yards of material had 
nondetectable levels of PCBs and were placed on the bank of the NGP. 
The total amount of soil that was excavated from the NGP was greater 
than anticipated and the excavation using conventional excavation 
equipment became difficult when groundwater was encountered. Topsoil 
and seeding were placed over the entire capped area which was enclosed 
within a chain link fence. A leachate collection system, a leachate 
treatment system, gas collection/lateral drainage layer and gas venting 
systems were also installed. Monitoring wells were installed 
downgradient from the landfill. Construction was completed in 1992.
    A report documenting the cleanup efforts, Construction Document 
Report, was submitted by the PRPs and approved by the NYSDEC in May 
1995.
    The United States Army Corps of Engineers (USACE) prepared the RD 
plans and specifications for OU2 through an interagency agreement with 
the EPA. The 2003 ROD identified pressure grouting as the method to be 
used to solidify the PCB-impacted soils in the NGP. The EPA performed a 
Value Engineering Assessment between the proposed pressure grouting 
technology and soil mixing technology. In-situ soil mixing (ISSM), 
sometimes referred to as in-situ solidification/stabilization (ISS), 
was identified as having the potential to complete the project at a 
lower cost and in a shorter time frame. As a result the EPA decided to 
use this technology to address the PCB contamination above 10 ppm in 
the NGP. The EPA Region 2 removal program staff directed and oversaw 
construction activities.
    From May 21 to June 8, 2007, the contractor mobilized at the site 
to prepare the site for construction activities. Also during this 
period of time, ponded water within the proposed work area was pumped 
into four 22,000-gallon frac tanks where it was stored until laboratory 
results indicated that it was acceptable to discharge.
    Following on-site mobilization in June 2007, construction 
activities were conducted in two phases. Phase I of the RA included 
ISSM of PCB-contaminated soils and installation of groundwater 
monitoring wells. Phase II included backfilling the pit with clean fill 
to its original elevation, seeding the area to provide a vegetative 
cover, and installing culverts, swales, and a retention basin for storm 
water runoff.
    On July 17, 2007 the ISSM contractor mobilized equipment to begin 
the field demonstration activities. Three sets of two 8.5-foot diameter 
overlapping grouted columns were advanced in a noncontaminated area of 
the NGP. The center of the columns were placed 7.36 feet apart to 
ensure column overlap. The columns were advanced to 15 feet below 
ground surface (bgs). Each set was made with a different mixture of 
Portland cement. A few days later these columns were exposed and 
samples were collected for physical testing to ensure the desired specs 
were met. Based on the results of the testing, a 7% Portland cement 
mixture was selected and full production was initiated. By August 22, 
2007, a total of 582 columns were completed resulting in approximately 
17,000 cubic yards of solidified soil.

[[Page 60725]]

    On September 25, 2007, a final inspection was conducted by EPA and 
NYSDEC for OU2. Subsequently, on April 30, 2009, a site-wide inspection 
was conducted by EPA and NYSDEC in conjunction with the most recent 
five-year review of the site. Based on the result of these inspections, 
it was determined that construction for the entire site had been 
completed, that the remedy had been implemented consistent with the 
RODs, and is functioning as intended by the decision documents.

Cleanup Goals

OU1
    Following the completion of the OU1 RA a long-term monitoring 
program was implemented to monitor the effectiveness of the cap and 
leachate collection system. Results indicated that the system was 
effective. An evaluation and comparison of historical leachate and 
groundwater data were conducted in 2006 and concluded that there was 
minimal potential for impacts to downgradient water supply wells and 
groundwater. Based on this evaluation, a decision was made to 
discontinue the operation of the leachate collection and treatment 
system operation while continuing the monitoring program for 
groundwater, water supplies and leachate. The leachate treatment system 
was shutdown on June 10, 2008.
    During the most recent leachate monitoring event in December 2011, 
results were similar to pre-shutdown concentrations. Water level 
measurements were also consistent with the levels measured pre-
shutdown. Water quality analytical data indicated that PCBs continued 
to be below method reporting limits, and data for other contaminants 
were similar to previous results with the exception of two 
contaminants, total phenols and antimony, which exceeded state ambient 
water quality criteria for the first time. Concentrations of total 
phenolics are, however, less than the required discharge limit of 0.008 
ppm. Elevated antimony, along with continued elevated iron and 
manganese concentrations in leachate water, are attributed to the 
release of these metals from soils due to the reducing conditions 
within the leachate and groundwater beneath the landfill and are not 
landfill-related contaminants of concern.
    During the most recent site inspection, the landfill cover and 
other site features, including manholes, fencing, roads, site building 
and monitoring wells were generally noted to be in good condition and 
the presence of seeps was not observed. Therefore, the landfill cover 
system appears to be operating effectively to limit or prevent 
concentrations of site contaminants from exceeding groundwater criteria 
off-site.
OU2
    CDM, under contract with EPA, conducted pre-design field 
investigation soil sampling in January 2006 to horizontally and 
vertically delineate the PCB contamination in the NGP area. Activities 
were completed in accordance with USACE-approved Final Sampling and 
Analysis Plan (SAP) which consists of the Field Sampling Plan (FSP) and 
Quality Assurance Project Plan (QAPP).
    During this investigation, CDM collected 305 soil samples from both 
surface and subsurface locations. Surface samples were collected less 
than 0.5 feet bgs, and deeper subsurface samples were collected 0.5 
feet to 36 feet bgs in the NGP area. Only PCB analyses were performed 
on these samples in accordance with the approved SAP. Only two Aroclors 
(1254 and 1248) were detected in varying concentrations in the soil 
samples. The Data Quality Control Summary Report (DQCSR) discusses both 
the data quality and analytical results of the soil samples collected 
by CDM during the investigation.
    The ROD states that performing end-point verification sampling 
outside the perimeter of the grouted area is required to ensure that 
all PCB-contaminated soils have been solidified in accordance with the 
Remedial Action Objectives. The EPA and NYSDEC agreed to completely 
delineate the contamination before the soil mixing took place in lieu 
of end-point verification sampling after the soils had been stabilized. 
Additional soil sampling was performed between January and August, 2007 
to satisfy this requirement. Results from the 2006 and 2007 delineation 
sampling events showed PCB concentrations ranging from below the 
detection limit, in numerous samples, to 500 ppm at soil boring SB-14, 
located in the northwest portion of the NGP, at a depth of 8-10 feet. 
As noted above, all soils with PCB concentrations above the cleanup 
criterion were addressed during the RA.

Monitoring and Maintenance

    The Long-Term Monitoring Program for the Ludlow site commenced in 
2000. This program consists of the following activities:
     Monthly inspections are performed to visually assess and 
document the condition of the landfill perimeter fence and access road, 
leachate management system building, gas collection system, monitoring 
wells and manholes, and overall integrity of the cover;
     Water level measurements are obtained from designated 
monitoring wells at the landfill to assess seasonal water levels 
fluctuations and evaluate groundwater flow direction;
     Groundwater samples are collected from 17 monitoring 
wells, three residential wells and one public supply well during the 
monitoring events in accordance with the Long-Term Monitoring Program 
and analyzed for PCBs and VOCs;
     Surface water is sampled annually from the culvert where 
the ponded wetland discharges beneath Holman City Road to monitor PCBs;
     Annual methane monitoring at the landfill gas vents, 
manholes, and monitoring wells is conducted; and
     Leachate collected from the landfill is pumped through the 
on-site leachate treatment facility prior to discharge in accordance 
with the Operation, Maintenance and Monitoring Manual (O&M Manual). As 
noted above, operation of the leachate collection and treatment system 
was discontinued in 2008 after it was determined that there was minimal 
potential for the capped landfill to impact to downgradient water 
supply wells and groundwater.
    No operation or maintenance for the stabilized soils is necessary 
for OU2. The area covering the solidified columns was backfilled to the 
former existing grade. This covered the columns with up to 30 feet of 
clean soil. In accordance with the OU2 ROD, a groundwater monitoring 
program was implemented. Five new wells installed during the OU2 
remediation were sampled to establish a baseline. The monitoring of 
these wells is subject to the OU1 Long-Term Monitoring Program for the 
site. Monitoring and maintenance will continue to be performed by 
MACTEC Engineering and Consulting, P.C., under contract with NYSDEC. 
Institutional controls were established in the Declaration of 
Covenants, Restrictions and Environmental Easement which was executed 
on August 9, 2013.

Five-Year Review

    Hazardous substances remain at this Site above levels that would 
allow for unlimited use and unrestricted exposure. Therefore, pursuant 
to CERCLA Section 121(c), EPA is required to conduct a review of the 
remedy at least once every five years. Three five-year reviews have 
been completed at the Site. The first five-year review was completed on 
July 1, 1999, the second was completed on July 1, 2004, and the

[[Page 60726]]

third was completed on July 1, 2009. The 2009 five-year review included 
a recommendation to implement institutional controls. This was 
completed on August 9, 2013 with the execution of the Declaration of 
Covenants, Restrictions and Environmental Easement. The fourth five-
year review is scheduled to be completed on or before July 1, 2014.

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. As part of the remedy selection process, the public was invited 
to comment on the proposed remedy. Prior to each five-year review, the 
public was notified through an ad in a local newspaper, The Observer-
Dispatch (Utica), that a review of the remedy would be conducted and 
that the results would be available in the local site repository upon 
completion. Contact information for questions related to the five-year 
review was also provided. All other documents and information that EPA 
relied on or considered in recommending this deletion are available for 
the public to review at the information repositories identified above.

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

    The implemented remedy achieves the degree of cleanup specified in 
the ROD for all pathways of exposure. All selected remedial action 
objectives and clean-up levels are consistent with agency policy and 
guidance. No further Superfund responses are needed to protect human 
health and the environment at the Site.
    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. Consequently, EPA is deleting this Site from the NPL. 
Documents supporting this action are available in the Site files.

V. Deletion Action

    EPA, with the concurrence of the State of New York, has determined 
that all appropriate responses under CERCLA have been completed and 
that no further response actions under CERCLA, other than M&M and five-
year reviews, are necessary. Therefore, EPA is deleting the Site from 
the NPL. Because EPA considers this action to be noncontroversial and 
routine, EPA is taking this action without prior publication. This 
action will be effective December 2, 2013 unless EPA receives adverse 
comments by November 1, 2013. If adverse comments are received within 
the 30-day public comment period of this 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, if 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 received. In such a case, 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, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

     Dated: September 20, 2013.
 Judith A. Enck,
Regional Administrator, EPA, Region 2.

    For the reasons set out in the preamble, 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 1 of Appendix B to part 300 is amended by removing ``NY,'' 
``Ludlow Sand & Gravel,'' ``Clayville''.

[FR Doc. 2013-24116 Filed 10-1-13; 8:45 am]
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