6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1983-0002; FRL-----] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Fulton Terminals Superfund Site AGENCY: United States Environmental Protection Agency ACTION: Direct final rule SUMMARY: The Fulton Terminals Superfund site (Site), located in the City of Fulton, Oswego County, New York, originally consisted of an “On-Property” portion, an approximately 1.5-acre parcel of land bounded on the west by First Street, on the south by Shaw Street, on the east by New York State Route 481 and on the north by a warehouse, and an “Off-Property” portion, defined by the area between the On-Property portion’s western property boundary to the Oswego River (approximately 50 feet). The On-Property portion of the Site was deleted from the National Priorities List (NPL) on April 6, 2015 (80 FR 5957). Because residual groundwater contamination (cis-1,2-dichloroethene [DCE] and vinyl chloride [VC]) was still present at the Off-Property area, the Off-Property area remained on the NPL, and groundwater monitoring and five-year reviews were still required for this area. -2- Groundwater samples were collected from the Off-Property area in July 2016, June 2017, and September 2017, and they were analyzed for cis-1,2-DCE and VC. The reported concentrations of these constituents detected in the analyses of these samples were all below the cleanup levels, with two of the three being “non-detect” (meaning concentrations were below the laboratory detection limits of 0.5 micrograms per liter [µg/L]). Based on an analysis of all the groundwater monitoring wells and associated contaminant-specific data, it was concluded that the groundwater remedy has achieved the cleanup levels selected for the Site, and data analysis indicates that the contaminant levels in the groundwater will remain below these standards. Therefore, the Environmental Protection Agency (EPA) has determined that the response action is completed and that no further groundwater monitoring or five-year reviews at the Site are necessary. EPA, Region 2, is issuing this Notice of Deletion (NOD) of the Off-Property area from the NPL and requests public comments on this proposed action. 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). The EPA and the State of New York, through the New York State Department of Environmental Conservation (NYSDEC), have determined that all appropriate response actions under CERCLA have been completed at the Site and that it no longer poses a threat to public health or the environment. Therefore, the EPA and NYSDEC have concluded that this NOD may proceed. However, this deletion does not preclude future actions under Superfund should future conditions warrant such action. -3- DATES: This direct final deletion will be effective [insert date 60 days from the date of publication in the Federal Register] unless the EPA receives adverse comments by [insert date 30 days from publication in the Federal Register]. If adverse comments are received, the EPA will publish a timely withdrawal of this direct final NOD 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: • Website: http://www.regulations.gov. Follow the on-line instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. -4- • E-mail: [email protected]. • Mail: To the attention of Christos Tsiamis, 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 9:00 A.M. to 5:00 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. The 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 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 e-mail. The http://www.regulations.gov website is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comments. If you send comments to the EPA via e-mail, your e-mail address will be included as part of the comment that is placed in the Docket and made available on the website. If you submit electronic comments, the EPA recommends that you include your name and other contact information in the body of your comments and with any disks or CD-ROMs that you submit. If the EPA cannot read your comments because of technical difficulties and cannot contact you for clarification, the EPA -5- may not be able to consider your comments fully. 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 obtained either electronically at 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 Phone: 212-637-4308 Hours: Monday to Friday from 9:00 A.M. to 5:00 P.M. and Fulton Public Library 160 South First Street Fulton, NY 13069 Phone: 315-592-5159 Hours: Tue - Thu: 9:00 A.M. - 7:00 P.M. -6- Fri: 9:00 A.M. - 5:00 P.M. Sat: 10:00 A.M. - 3:00 P.M. FOR FURTHER INFORMATION, CONTACT: Christos Tsiamis, 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 212-637-4257; or e-mail at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion V. Deletion Action I. INTRODUCTION EPA Region 2 is publishing this direct final NOD of the Site from the NPL. The NPL constitutes Appendix B of 40 CFR 300, which is part of the NCP, which the EPA promulgated pursuant to Section 105 of CERCLA, as amended. The EPA maintains the NPL as the list of -7- releases that appear to present a significant risk to public health, welfare, or the environment. The releases 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 Fund-financed remedial action if future conditions at the site warrant such actions. Section II of this document explains the criteria for deleting sites from the NPL. Section III discusses procedures that the EPA is using for this action. Section IV discusses the Off-Property area and demonstrates how it meets the deletion criteria. Section V discusses the EPA’s action to delete the Off-Property area from the NPL unless adverse comments are received during the public comment period. II. NPL DELETION CRITERIA The NCP establishes the criteria that the 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 response or no further response is appropriate. In making such a determination pursuant to 40 CFR 300.425(e), The 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; -8- 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 (RI) 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, the 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.