National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5293-4]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Clothier Disposal 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 Clothier Disposal site from the National

Priorities List (NPL) and requests public comment on this action. The

NPL is 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), as amended. EPA and

the State of New York have determined that no further cleanup by

responsible parties is appropriate under CERCLA. Moreover, EPA and the

State have determined that CERCLA activities conducted at the Clothier

Disposal site to date have been protective of public health, welfare,

and the environment.

DATES: Comments concerning the deletion of the Clothier Disposal site

from the NPL may be submitted on or before October 15, 1995.

ADDRESSES: Comments concerning the deletion of the Clothier Disposal

site from the NPL may be submitted to: Herbert H. King, Remedial

Project Manager, U.S. Environmental Protection Agency, Region II, 290

Broadway, 20th floor, New York, NY 10007-1866.

Comprehensive information on the Clothier Disposal site is

contained in the EPA Region II public docket, which is located at EPA's

Region II office (the 18th floor), 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 Mr. King at

(212) 637-4268.

Background information from the Regional public docket is also

available for viewing at the Clothier Disposal site's Administrative

Record repository located at: Fulton Library, 160 South First Street,

Fulton, NY 13069.

FOR FURTHER INFORMATION CONTACT:

Mr. Herbert H. King, (212) 637-4268.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

EPA Region II announces its intent to delete the Clothier Disposal

site from the NPL and requests public comment on this action. The NPL

is Appendix B to the NCP, which EPA promulgated pursuant to Section 105

of CERCLA, as amended. 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 (RAs) financed by the Hazardous

Substances Superfund Response Trust Fund (the ``Fund''). Pursuant to

Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains

eligible for Fund-financed RAs, if conditions at such site warrant

action.

EPA will accept comments concerning the Clothier Disposal site for

thirty (30) days after publication of this notice in the Federal

Register (until October 15, 1995).

Section II of this notice explains the criteria for deleting sites

from the NPL. Section III discusses the procedures that EPA is using

for this action. Section IV discusses how the Clothier Disposal 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, in consultation with the State, will

consider whether any of the following criteria have been met:

1. That responsible or other persons have implemented all

appropriate response actions required; or

2. All appropriate Fund-financed responses under CERCLA have been

implemented, and no further cleanup by responsible parties is

appropriate; or

3. The remedial investigation has shown that the release poses no

significant threat to public health or 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.

The following procedures were used for the intended deletion of the

Clothier Disposal 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 starting on September 15, 1995 and concluding

on October 15, 1995.

4. The Region has made all relevant documents available in the

regional office and the local site information repository.

EPA Region II will accept and evaluate public comments and prepare

a Responsiveness Summary which will address the comments received,

before a final decision is made. 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. If, after consideration of these 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 update. Public notices and copies of the

Responsiveness Summary will be made available to the public by EPA

Region II.

[[Page 47919]]

IV. Basis for Intended Site Deletion

Site History and Background

The Clothier Disposal site, located in the Town of Granby, Oswego

County, New York, is a fifteen-acre, privately-owned parcel of land, of

which six acres were used for waste disposal. Ox Creek flows through

the site in a northerly direction, feeding into the Oswego River.

In 1973, the Oswego County Health Department found approximately

2,200 drums of chemical waste dumped on the site and requested an

investigation by the New York State Department of Environmental

Conservation (NYSDEC). In 1976, NYSDEC brought suit against the owner

of the property of operating an illegal dump. Subsequently, a temporary

permit was granted for a period of one year to clean up the site. In

1977, the owner made an attempt to bury or cover the waste materials

dumped on the site. In doing so, drums were broken open and drained.

Between early 1978 and 1980, additional efforts were made by the owner

to clean up the property. Again these efforts largely entailed burying

or covering previously exposed wastes.

In 1983, Engineering-Service, Inc. performed a Phase I Engineering

Investigation and Evaluation of the site for NYSDEC, for the purpose of

computing a Hazard Ranking System score needed to evaluate whether or

not the site should be placed on the NPL. The site was proposed for

listing on the NPL on October 15, 1984 (49 FR 40320); it was included

on the NPL on June 10, 1986 (51 FR 21504).

In 1985, NYSDEC, through its contractor, URS Company, Inc.

undertook a geophysical survey of the site, and staged and sampled on-

site drums as part of the remedial investigation/feasibility study (RI/

FS) designed to determine the nature and extent of the contamination at

the site, to assess the threat that the site posed to public health and

the environment, and to develop and evaluate various alternatives to

remediate the site.

Performed concurrently with the RI/FS, a number of potentially

responsible parties (PRPs), operating under an Administrative Order,

removed and disposed of 1,858 drums and stockpiled visibly-contaminated

soil in1986. The remaining drums, as well as the visibly-contaminated

surficial soils, were removed by EPA during 1987 and 1988.

A number of data quality problems complicated the completion of the

RI/FS, which led to EPA tasking Ebasco Services, Inc. (Ebasco) to

perform a supplemental RI/FS.

The supplemental RI/FS report, issued in August 1988, concluded

that, as a result of the removal actions taken at the site, only low-

level residual soil contamination remained on-site. The RI/FS also

concluded that the risk levels associated with this residual

contamination were within the acceptable range of 10-4 to

10-6 (representing a one in ten thousand and a one in a million

incremental individual lifetime cancer risk, respectively). The risk

assessment indicated that the major route of human exposure at the site

was through direct contact with on-site soil residually contaminated

with polychlorinated biphenyls (PCBs) and carcinogenic polyaromatic

hydrocarbons (CPAHs). The highest PCB concentration observed in the

soil was 2.5 parts per million (ppm). In order to develop a full range

of remedial alternatives, any concentration above 1 ppm PCBs in the

soil was considered to require remediation. This level was based on the

Toxic Substances Control Act definition of ``clean'' soil and is

associated with a risk below 4 x 10-7 for current use and

7 x 10-6 for plausible maximum exposure during future site use.

For CPAHs (benzo(a)anthrance, benzo(b)fluoranthene,

benzo(k)fluoranthene, Benzo(a)pyrene and chrysene), the highest total

concentration at any location was observed to be 0.9 ppm. For these

compounds, a total concentration of 0.33 ppm was set as the limit above

which remediation was required. This level was based on the CPAH

detection limit for the EPA contract laboratory program and is

associated with a risk for 2 x 10-7 for current use or

3 x 10-6 for plausible maximum exposure during future site use.

The U.S. Fish and Wildlife (USFWS) conducted an investigation of Ox

Creek, and in August 1988, issued a report of its findings, entitled,

Effects of Contaminants from the Clothier Disposal Site on Fish and

Wildlife Resources of Ox Creek, Oswego County, New York. This report

stated that there was no evidence of either environmental damage in the

area around the site or contamination of Ox Creek at levels likely to

be associated with risks to wildlife.

On December 28, 1988, a Record of Decision (ROD) was signed,

selecting as the remedy for the site:

Placement of a one-foot clean soil cover over the

residually-contaminated areas;

Regarding and revegetating of the site to prevent soil

erosion and to minimize surface water runoff,

Installation of rip-rap, as needed, on the embankment

sloping towards the adjacent Ox Creek to prevent soil erosion;

Performance of long-term monitoring of the groundwater and

soil, and Ox Creek sediments and surface water; and

Application of institutional controls to prevent the

utilization of the underlying groundwater and the future development of

the site for residential use.

The ROD also noted that the maximum contaminant concentrations

(although not the geometric mean concentrations) in some of the

groundwater sample collected during the RI/FS marginally exceeded a

number of Applicable or Relevant and Appropriate Requirements (the

maximum concentrations of tetrachloroethene and trichloroethene of 24

parts per billion (ppb) and 18 ppb, respectively, exceeded the New York

State standard of 5 ppb of each; and antimony, barium, beryllium,

chromium, lead, magnesium, and manganese exceeded New York State

inorganic groundwater standards or guidances). Thus, further evaluation

to determine whether remediation of the groundwater was necessary was

called for in the ROD.

A local citizen's group, after reviewing the USFWS report,

expressed concern that the USFWS investigation did not include an

eleven-acre wetland located adjacent to the site.

To determine whether remediation of the groundwater was necessary

and to evaluate the threat to the wetland located adjacent to the site,

EPA tasked Ebasco to perform a post-RI/FS investigation, specifically

to collect and evaluate samples of the groundwater and the surface

water and sediment in the wetland. The results of this investigation,

which were presented in January 1990 in the Post RI/FS Evaluation of

Groundwater and Wetlands Report, indicated that a significant threat to

human health and the environment did not exist at that time, and RAs

for the groundwater and wetlands were not warranted.

In September 1989, a Consent Decree was entered by the Northern

District of New York with the Settling Defendants to undertake the

design and construction of the remedy selected for the site and to

perform the long-term monitoring and maintenance of the site upon

completion of the construction. The Settling Defendant's contractor,

Canonie Environmental Services Corporation (Canonie), performed pre-

design sampling to more precisely determine the area extent of the

[[Page 47920]]

residual, low-level contamination on-site. Based upon these results,

Canonie prepared the remedial design (RD) plans and specifications. As

part of the RD, calculations were performed, based on a 100-year storm

event, that determined that the erosive forces due to the overland flow

velocities would be minimal, and that rip-rap protection on the slopes

to the wetland (called for the ROD) would not be required. EPA approved

the RD in June 1991.

The Settling Defendants awarded a contract to Sevenson

Environmental Services, Inc. to implement the remedy in July 1991.

During the course of regrading the areas to be covered with clean soil,

it was discovered that an above-grade mound of soil contained parts of

four drums. Further, while regrading the slope to the wetland, parts of

three other buried drums were uncovered. The drum parts and the

surrounding soil were excavated and were subsequently disposed of at an

EPA-approved hazardous waste facility. The results of analyses of the

soil in the areas where the drum parts were discovered indicated that

the contaminants and their concentrations were comparable to those

found during the RI and, therefore, the remedy selected in the ROD

remained appropriate.

In May 1992, a representative of NYSDEC, during an inspection of

the site, observed three seeps located at the foot of the west slope to

the wetlands. After an analysis of the seeps and the soil surrounding

the seeps, it was concluded that the seeps were caused by the discharge

of groundwater at the wetland margin. The results of the analyses of

the seeps indicated low concentrations of PCBs. Since the samples were

not filtered prior to analysis, the PCBs were believed to be a result

of PCBs adsorbed to sediment suspended in the liquid while collecting

the samples (this premise has been confirmed, in that no PCBs have been

identified in five rounds of ground water testing.) The results of the

analyses of the soil associated with these seeps indicated contaminant

concentrations that are consistent with those detected during the RI.

Considering these results, EPA directed the Settling Defendants to

continue with the implementation of the remedy. The installation of the

soil cap and revegetation was completed in September 1992.

Following EPA's approval of the Settling Defendants' operation and

maintenance and long-term monitoring plan, a Superfund Site Close-Out

Report was approved on December 29, 1993.

During the first post-RA inspection/monitoring in April 1994, a

small area of black, odorous soil was observed on the western portion

of the soil cover. Three buried drums that were subsequently discovered

in this area were excavated and overpacked. A geophysical

investigation, performed to determine whether other buried drums were

present in this area, followed by the installation of two trenches in

areas of concern, revealed one crushed drum, metallic debris, and some

stained soil. The drum, debris, and soil were excavated and, along with

the overpacked drums mentioned above, were disposed of at approved

disposal facilities.

Summary of Operation and Maintenance and Five-Year Review Requirements

Since the remedy involved the installation of a soil cover, there

are no operational requirements.

The Settling Defendants are to monitor the site for five years,

commencing with the first inspection/monitoring event that occurred on

April 26, 1994.

The long-term monitoring program consists of monitoring the

groundwater, soil, and Ox Creek sediments and surface water quarterly

the first year, semi-annually the second year, and annually thereafter.

Site inspections, which will be conducted quarterly for the first

year and semi-annually thereafter, are to be coincident with the

monitoring events. Additional inspections will be conducted after any

major flooding (100-year) or rainfall events in the Ox Creek area. The

inspections will include visual observations of the soil cover, erosion

controls and silt fencing, groundwater monitoring wells, site security,

and general site conditions. Maintenance, if required, will consist of

correcting observed deficiencies (e.g., restoring the soil cover and

its vegetation to its original condition, repair of fencing, etc.) The

six groundwater monitoring wells (four located within the limits of the

soil cover, one just adjacent to it, and one up-gradient) that comprise

the groundwater monitoring program will be inspected to ensure their

integrity. They will be repaired should they become damaged, or

replaced should they become non-functional.

So that EPA can evaluate the remedy's effectiveness, following each

inspection/sampling event, the Settling Defendants are to submit to EPA

a monitoring and inspection program report, summarizing the inspection

and sampling results, and describing any corrective maintenance actions

that were taken. In addition, a review of the long-term monitoring and

inspection program reports will be performed five years after the

initiation of the RA to assure that the remedy remains effective in

protecting human health and the environment.

Summary of How the Deletion Criteria Has Been Met

Based upon the results of RA sample analyses, survey results, and

site inspections, the site meets the requirements set forth in the ROD,

in that a one-foot clean-soil cover has been installed over those

residually-contaminated locations at which concentrations above 1 ppm

PCBs and 0.33 ppmm CPAHs were detected, the site has been regraded and

revegetated to prevent soil erosion and to minimize surface water

runoff, and institutional controls (an easement) have been put into

place to prevent the utilization of the underlying groundwater and the

future development of the site for residential use.

EPA and the State have determined that the response actions

undertaken at the Clothier Disposal site are protective of human health

and the environment.

In accordance with 40 CFR 300.425(e), sites may be deleted from the

NPL where no further response is appropriate. EPA, in consultation with

the State, has determined that all appropriate responses under CERCLA

have been implemented and that no further cleanup by responsible

parties is appropriate. Having met the deletion criteria, EPA proposes

to delete the Clothier Disposal site from the NPL.

Dated: August 21, 1995.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 95-22488 Filed 9-14-95; 8:45 am]

BILLING CODE 6460-50-M