[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28840]
[[Page Unknown]]
[Federal Register: December 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5111-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Kenmark Textiles Printing
Corporation Superfund site from the National Priorities List: Request
for Comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region II announces
its intent to delete the Kenmark Textiles Printing Corporation
Superfund site (Kenmark Site) from the National Priorities List (NPL)
and requests public comment on this action. The NPL constitutes
appendix B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). EPA and the State of New York
have determined that no further action is appropriate at the Kenmark
Site under CERCLA. Moreover, EPA and the State have determined that
activities conducted at the Kenmark Site to date have been protective
of public health, welfare, and the environment.
DATES: Comments concerning the deletion of the Kenmark Site from the
NPL may be submitted on or before January 17, 1995.
ADDRESSES: Comments concerning the Kenmark Site deletion may be mailed
to: Kathleen C. Callahan, Director, Emergency and Remedial Response
Division, U.S. Environmental Protection Agency, Region II, 26 Federal
Plaza, Room 737, New York, NY 10278.
Background information on the Kenmark Site is contained in the EPA
Region II public docket, which is located at EPA's Region II Office,
and is available for viewing, by appointment only, from 9:00 A.M. to
5:00 P.M., Monday through Friday, excluding holidays. For further
information, or to request an appointment to review the public docket,
please contact: Sharon L. Trocher, Remedial Project Manager, Emergency
and Remedial Response Division, U.S. Environmental Protection Agency,
Region II, 26 Federal Plaza, Room 29-100, New York, NY 10278, (212)
264-8746.
Background information from the Regional public docket related to
the Kenmark Site is also available for viewing at the information
repository noted below: East Farmingdale Fire House, 930 Conklin
Street, East Farmingdale, New York 11735.
FOR FURTHER INFORMATION CONTACT: Doug Garbarine, 212-264-0106.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction.
II. NPL Deletion Criteria.
III. Deletion Procedures.
IV. Basis for Intended Site Deletion.
I. Introduction
The Environmental Protection Agency (EPA) Region II announces its
intent to delete the Kenmark Site from the NPL and requests public
comment on this action. The NPL constitutes Appendix B to the National
Oil and Hazardous Substances Pollution Contingency Plan (NCP), codified
at 40 CFR Part 300, which EPA promulgated pursuant to Section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. Section 9605. EPA identifies sites that appear
to present a significant risk to public health, welfare, or the
environment and maintains the NPL as the list of those sites. Sites on
the NPL may be the subject of remedial actions financed by the
Hazardous Substances Superfund Response Trust Fund (Fund). Pursuant to
Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains
eligible for Fund-financed remedial actions, if conditions at such
sites warrant such action.
The EPA will accept comments concerning the Kenmark Site for thirty
days after publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses how the Kenmark Site meets the
deletion criteria.
II. NPL Deletion Criteria
The NCP establishes the criteria that the Agency 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 this determination, EPA will, in consultation with the State,
consider whether any of the following criteria has been met:
(i) Responsible or other persons have implemented all appropriate
response actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and no further response action by responsible parties is
appropriate; or
(iii) The remedial investigation has shown that the release poses
no significant threat to public health or to the environment and,
therefore, taking remedial measures is not appropriate.
III. Deletion Procedures
The NCP provides that EPA shall not delete a site from the NPL
until the State in which the release was located has concurred, and the
public has been afforded an opportunity to comment on the proposed
deletion. Deletion of a site from the NPL does not affect responsible
party liability or impede Agency efforts to recover costs associated
with response efforts. The NPL is designed primarily for informational
purposes and to assist Agency management.
EPA Region II will accept and evaluate public comments before
making a final decision to delete. The Agency believes that deletion
procedures should focus on notice and comment at the local level.
Comments from the local community may be most pertinent to deletion
decisions. The following procedures were used for the intended deletion
of the Kenmark Site:
1. EPA Region II has recommended deletion and has prepared the
relevant documents.
2. The State of New York has concurred with the deletion decision.
3. Concurrent with this notice of intent to delete, a notice has
been published in local newspapers and has been distributed to
appropriate Federal, State and local officials and other interested
parties. This notice announces a thirty (30) day public comment period
on the deletion package.
4. EPA has made all relevant documents available in the Regional
Office and local Kenmark Site information repository.
The comments received during the comment period will be evaluated
before any final decision is made. If necessary, EPA Region II will
prepare a Responsiveness Summary which will address any significant
comments received during the public comment period.
If, after consideration of comments, EPA decides to proceed with
deletion, the EPA Regional Administrator will place a notice of
deletion in the Federal Register. The NPL will reflect any deletions in
the next final update. Public notices and copies of the Responsiveness
Summary will be made available to local residents by the Region II
Office.
IV. Basis for Intended Site Deletion
The Kenmark Site, now occupied by the Susquehanna Textile Company,
is located in a light industrial area at 921 Conklin Street in East
Farmingdale, New York. Since at least 1917, the Kenmark Site has been
the location of several successive silk and textile dye, printing and
screening operations. The waste disposal areas at the Kenmark Site
included a leaching pit, sludge drying beds and three leaching pools. A
building and a paved parking lot occupy the majority of the Kenmark
Site. The areas north and east of the Kenmark Site are characterized by
light industry. Residential developments are located to the south and
west, with an estimated 6,200 residents living within one mile of the
Kenmark Site. Public supply wells are the primary source of drinking
water in the area. The closest downgradient public supply well is
located about 1.5 miles from the Kenmark Site.
As early as 1972, process wastewater generated at the Kenmark Site
was chemically treated, resulting in the precipitation of solids from
the wastewater. The sludge from the wastewater was distributed to
outdoor concrete-lined beds for settling and drying. The sludge was
periodically removed from the sludge drying beds and placed in drums.
The resulting wastewater (supernatant) was discharged to the leaching
pit located on-Site and east of the building. Beginning in November
1984, the wastewater was discharged to the Suffolk County Publicly
Owned Treatment Works.
Sampling conducted between January 1974 and May 1984 by the Suffolk
County Department of Health Services and a contractor hired by a
representative of the Kenmark Site, revealed that wastewater discharged
into the on-Site leaching pit contained hexavalent chromium, copper,
iron, lead, silver, and phenols in violation of New York State
groundwater discharge standards. Based on these findings, the Kenmark
Site was added to EPA's NPL in June 1986.
In 1988, an owner of property at the Site conducted a remedial
investigation (RI) under the supervision of the New York State
Department of Environmental Conservation (NYSDEC) to determine the
extent of contamination at the Kenmark Site. In July 1991, EPA entered
into an Administrative Consent Order (ACO) with the owner to complete
the RI. The RI consisted of drilling borings, constructing monitoring
wells and collecting soil and groundwater samples.
During the RI, ten monitoring wells were installed and sampled to
determine the extent of groundwater contamination at the Kenmark Site.
In addition, approximately 80 soil samples were collected from the
areas of the sludge drying beds, leaching pit and leaching pools.
Organic and inorganic contaminants detected in the groundwater sampled
at the Kenmark Site were generally present at levels below Federal and
State human health-based drinking water standards. Numerous inorganic
and organic contaminants were detected in the soil at the Kenmark Site,
but were detected below levels that would pose any unacceptable risks
based on current land use conditions.
The EPA community relations activities at the Kenmark Site included
a public meeting on February 28, 1994 to present the results of the RI,
and EPA's preferred remedial alternative. Public comments were received
and addressed.
At the conclusion of the RI process, EPA, in consultation with the
State of New York, issued a Record of Decision on March 30, 1994, that
determined that the Kenmark Site does not pose a significant threat to
human health or the environment and that no remedial action was
required.
Having met the deletion criteria, EPA proposes to delete the
Kenmark Site from the NPL. EPA and the State of New York have
determined that the response actions are protective of human health and
the environment.
Dated: October 26, 1994.
William Muszynski,
Acting Regional Administrator, USEPA Region II.
[FR Doc. 94-28840 Filed 12-14-94; 8:45 am]
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