80_FR_23839 80 FR 23757 - National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Deletion of the Crown Vantage Landfill Superfund Site

80 FR 23757 - National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List: Deletion of the Crown Vantage Landfill Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 82 (April 29, 2015)

Page Range23757-23760
FR Document2015-10001

The Environmental Protection Agency (EPA) Region 2 is issuing a Notice of Intent to Delete the Crown Vantage Landfill Superfund Site (Site), located in Alexandria Township, Hunterdon County, New Jersey, from the National Priorities List (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). EPA and the State of New Jersey, through the New Jersey Department of Environmental Protection, have determined that all appropriate response actions under CERCLA, other than long-term maintenance and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

Federal Register, Volume 80 Issue 82 (Wednesday, April 29, 2015)
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Proposed Rules]
[Pages 23757-23760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10001]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0002; FRL-9927-05-Region 2]


National Oil and Hazardous Substance Pollution Contingency Plan 
National Priorities List: Deletion of the Crown Vantage Landfill 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing 
a Notice of Intent to Delete the Crown Vantage Landfill Superfund Site 
(Site), located in Alexandria Township, Hunterdon County, New Jersey, 
from the National Priorities List (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). EPA and the 
State of New Jersey, through the New Jersey Department of Environmental 
Protection, have determined that all appropriate response actions under 
CERCLA, other than long-term maintenance and five-year reviews, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: Comments must be received by May 29, 2015.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2005-0002, by one of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Email: [email protected]:
     Mail: To the attention of Alison Hess, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, Emergency & 
Remedial Response Division, 290 Broadway, 19th 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-
2005-0002. 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

[[Page 23758]]

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 comments and with any disk or CD-ROM 
that 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 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 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, Room 1828, New York, NY 10007-1866, Telephone: 
212-637-4308, Hours: Monday through Friday from 9:00 a.m. to 5:00 p.m. 
and
    Milford Public Library, Crown Vantage Landfill Site Repository 
File, 40 Frenchtown Road, Milford, NJ 08848, Telephone: 908 995-4072, 
Hours: Monday 12:00 p.m. to 7:00 p.m., Tuesday 11 a.m. to 5:00 p.m., 
Wednesday 12 p.m. to 8:00 p.m., Thursday 11 a.m. to 8:00 p.m., Friday 
10:00 a.m. to 1:00 p.m. and 5:00 p.m. to 8:00 p.m., and Saturday 10:00 
a.m. to 1:00 p.m.

FOR FURTHER INFORMATION CONTACT: Alison Hess, Remedial Project Manager, 
U.S. Environmental Protection Agency, Region 2, 290 Broadway, 19th 
Floor, New York, NY 10007-1866; Telephone 212-637-3959; or Email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region 2 is announcing its intent to delete the Crown Vantage 
Landfill Superfund Site from the NPL and requests public comment on 
this proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the NCP, which EPA promulgated pursuant to section 105 of the 
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 40 CFR 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.
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) days after publication of this document in the Federal 
Register. 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 Crown Vantage 
Landfill Superfund Site and demonstrates how it meets the deletion 
criteria.

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.
    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 before developing this Notice of 
Intent to Delete;
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today;
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) The State of New Jersey, through the New Jersey Department of 
Environmental Protection (NJDEP), has concurred with deletion of the 
Site from the NPL;
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, the Hunterdon County Democrat. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent to Delete the Site from the NPL.
    (6) 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.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
Site information repositories listed above.
    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.

[[Page 23759]]

IV. Basis for Site Deletion

    The following summary provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Crown Vantage Landfill Site is an inactive former landfill 
located at 500 Milford-Frenchtown Road in Alexandria Township, New 
Jersey. The Site occupies about 10 acres and has approximately 1,500 
feet of frontage on the eastern bank of the Delaware River. A mix of 
young and mature hardwood trees, shrubs and grasses covers the Site. 
Access to the landfill area is restricted by locked chain-link fencing.
    To the west of the site, across the Delaware River, lies Bucks 
County, Pennsylvania. The Delaware and Raritan Canal foot path and a 
farm field bound the Site to the east. Historically, railroad tracks 
bounded the Site to the east. The landfill property is bounded to the 
south by the Delaware Raritan Canal State Park and to the north by the 
Curtis Specialty Papers Superfund site.
    The landfill reportedly was utilized by the nearby former Curtis 
Specialty Papers mill, as well as by other nearby Riegel Paper Company 
facilities, for the disposal of waste beginning in the late 1930s 
through the early 1970s. The landfill may also have accepted flood-
damaged items from the local community following record flooding of the 
Delaware River in 1955. Types of wastes disposed of at the landfill 
include fly ash, cinders, and bottom ash; paper mill and coating-
related wastes, including foil-backed paper, off-specification paper, 
55-gallon drums containing press room wastes, and paper fiber sludge 
from wastewater treatment plant operations; steel and fiber barrels and 
pallets; and construction and demolition debris. Historical aerial 
photos indicated that shallow trenches in the surface of the landfill 
may have been used for the burial of drummed wastes in the early 1970s.
    Site characterization began in 1991 with the Preliminary Site 
Investigation (PSI), including an aerial photograph analysis, 
geophysical survey of the landfill area, soil gas sampling, ground 
water sampling and a wetlands assessment. The PSI was followed by the 
removal of drums (empty, full, and partially full) and paper products 
from the surface of the landfill. In 1994, monitoring wells were 
installed and the ground water quality was characterized.
    From 2001 through 2003, the NJDEP fenced the Site, removed 
additional surface debris, including drums, and collected surface soil 
samples. The EPA conducted additional sampling of surface water, 
sediment, surface soil and fly ash, and ground water in 2003 and 2004. 
Additional wastes were removed from the surface and riprap was placed 
in flood-impacted areas.
    The Site was proposed to the National Priorities List (NPL) in 
September 2004 (69 FR 56970) and listed on the NPL in April 2005 (70 FR 
21644). The EPA CERCLIS ID# is NJN000204492.
    In May 2005, Fort James Operating Company, a subsidiary of Georgia-
Pacific, entered into an Administrative Order on Consent (AOC) with EPA 
for a Removal Action. Under the 2005 AOC, additional surficial drums 
were removed, additional fencing was provided, and an engineered slope 
stabilization wall was constructed to stabilize the landfill's western 
face. In total, over 700 surficial drums, drum remnants and drum 
carcasses were removed from the surface of the Site during 
investigations conducted between 1991 and 2007.
    Further investigations and removal actions at the Site were 
performed by Georgia-Pacific Consumer Products, LP (GP) under an 
Administrative Agreement and Order on Consent signed in September 2007 
and by International Paper Company (IP) under a Unilateral 
Administrative Order signed in December 2007. During the Remedial 
Investigation (RI) conducted in 2008-2009, more than 1,750 drums, drum 
carcasses and drum remnants were removed from the Site. Analytical data 
from surface water, pore water and groundwater sampling showed that 
these media were not impacted by the Site. The RI Report was completed 
in July 2010. The RI concluded that, after removal activities were 
conducted, all human health risks were within or below EPA's acceptable 
levels. An ecological risk assessment was also conducted and concluded 
that there was no need for remediation based on potential risks to 
ecological receptors. The Feasibility Study Report, developed to 
identify and compare cleanup alternatives, was completed in November 
2010.

Selected Remedy

    The Site remedy was selected and memorialized in the Site Record of 
Decision (ROD), which was issued on September 29, 2011. Because the 
baseline human health risk assessment and ecological risk assessments 
for the Site did not identify the presence of unacceptable human health 
or ecological risks requiring remediation under current and reasonably 
anticipated future Site use, the remedial action objectives were 
limited to preventing exposures to landfill materials. The major 
components of the selected remedy of the ROD are the following:
     Establishment of a deed restriction to ensure that future 
Site uses do not result in the disturbance of the surface of the Site, 
thereby preventing future residential or commercial/industrial 
development of the Site;
     Continued maintenance of security measures at the Site 
(e.g., signage and fencing);
     Continued maintenance of the slope stabilization wall;
     Sealing of remaining shallow monitoring wells;
     Semi-annual monitoring of the Site, including the slope 
stabilization wall; and
     Five-Year Reviews by EPA to ensure that the remedy 
continues to be protective of public health and the environment.

Response Actions

    A Consent Decree for IP's and GP's performance of the Remedial 
Design and Remedial Action was entered by the United States District 
Court for the District of New Jersey in April 2013.
    The remedy was designed and constructed in a single phase pursuant 
to EPA-approved work plans. The monitoring well closures and fence 
relocation measures undertaken as part of maintaining the existing 
security as required by the ROD were conducted from February to April 
2013. Three monitoring wells and two piezometers were located in the 
field and sealed in accordance with New Jersey well closure 
regulations. Another three monitoring wells and four piezometers were 
documented to have been closed in 2007. Lastly, two monitoring wells 
could not be located visually or with the use of a metal detector and 
may have been closed in 2007 or covered by silt and other materials 
since they were last sampled in 1994, and four piezometers located 
beneath the slope stabilization wall also could not be located and are 
presumed to no longer be accessible. New 12-foot fence posts were 
driven to a depth of four feet. Monitoring of ambient air was conducted 
during fence installation, with no measurable concentrations of 
volatile organic compounds detected above background levels. Old posts 
and fencing were removed and recycled, and a new section of fencing and 
fabric installed. New coated, rust-free aluminum signs were posted 
along the entire fence perimeter as needed. EPA conducted a final 
inspection in July 2013 and issued a Preliminary Site Close-Out Report 
in September 2013.

[[Page 23760]]

    IP and GP prepared a draft deed notice pursuant to the April 2013 
Consent Decree. EPA approved the final deed notice in December 2013. 
The deed notice was recorded by the Hunterdon County Clerk in February 
2014.
    EPA issued a Final Site Close-Out Report in December 2014.

Ongoing Maintenance

    The ongoing maintenance plan was approved in June 2013. This plan 
covers site security, the long-term monitoring and maintenance of the 
slope stabilization wall and recertification of the deed notice.

Five-Year Review

    Hazardous substances, pollutants, or contaminants will remain at 
the Site above levels that 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. The 
first Five-Year Review Report will be completed prior to February 2018, 
which is five years from the start of the on-site remedial action 
construction.

Community Involvement

    Public participation activities for the Site have been satisfied as 
required by CERCLA sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617. 
A Community Advisory Group (CAG) for the Site has been meeting 
quarterly since 2009. EPA finalized a site-specific Community 
Involvement Plan in March 2010. The CAG obtains information from EPA 
and provides community input on the site progress, including the 
implementation of field activities associated with investigations, 
removals and remedial construction. EPA maintains a local site 
information repository at the Milford Public Library and regularly adds 
site reports and other documents.
    As part of the remedy selection process, the public was invited to 
comment on the proposed remedy. In June 2011, EPA released a Proposed 
Plan summarizing the RI/FS reports and identifying the preferred 
remedial alternative with the rationale for its preference. EPA held a 
public meeting on July 12, 2011 at the Milford Firehouse to explain the 
Proposed Plan and to receive public comments. EPA held a public comment 
period from July 1 through 31, 2011 to accept written comments. 
Responses to comments received at the public meeting and comments 
submitted during the public comment period are provided in the 
Responsiveness Summary section of the ROD.
    All other documents and information the 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

    All of the completion requirements for the Site have been met, as 
described in the December 29, 2014 Final Site Close-Out Report. The 
State of New Jersey, in January 12, 2015 letter, concurred with the 
proposed deletion of the Site from the NPL. As described in this Notice 
of Intent to Delete, the implemented remedy achieves the degree of 
cleanup specified in the ROD for all exposure pathways; the RAO has 
been met, and no further Superfund response is needed to protect human 
health and the environment.
    The NCP specifies that EPA may delete a site from the NPL if 
responsible parties or other persons have implemented all appropriate 
response actions. EPA, with the concurrence of the State of New Jersey, 
believes that this criterion for deletion has been met. Consequently, 
EPA intends to delete the Crown Vantage Landfill Site from the NPL. 
Documents supporting this action are available for review at the 
information repositories identified above.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 
Comp., p.193. Dated: April 15, 2015.

Judith Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-10001 Filed 4-28-15; 8:45 am]
 BILLING CODE P



                                                                           Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules                                           23757

                                                    26.11.02.09. Therefore, EPA is                             • is not a significant regulatory action            requests public comments on this
                                                    proposing to approve MDE’s January 24,                  subject to Executive Order 13211 (66 FR                proposed action. The NPL, promulgated
                                                    2013 SIP revision. EPA is soliciting                    28355, May 22, 2001);                                  pursuant to section 105 of the
                                                    public comments on the issues                              • is not subject to requirements of                 Comprehensive Environmental
                                                    discussed in this document. These                       Section 12(d) of the National                          Response, Compensation, and Liability
                                                    comments will be considered before                      Technology Transfer and Advancement                    Act (CERCLA) of 1980, as amended, is
                                                    taking final action.                                    Act of 1995 (15 U.S.C. 272 note) because               an appendix of the National Oil and
                                                                                                            application of those requirements would                Hazardous Substances Pollution
                                                    IV. Incorporation by Reference
                                                                                                            be inconsistent with the CAA; and                      Contingency Plan (NCP). EPA and the
                                                      In this proposed rulemaking action,                      • does not provide EPA with the                     State of New Jersey, through the New
                                                    EPA is proposing to include in a final                  discretionary authority to address, as                 Jersey Department of Environmental
                                                    EPA rule, regulatory text that includes                 appropriate, disproportionate human                    Protection, have determined that all
                                                    incorporation by reference. In                          health or environmental effects, using                 appropriate response actions under
                                                    accordance with requirements of 1 CFR                   practicable and legally permissible                    CERCLA, other than long-term
                                                    51.5, the EPA is proposing to                           methods, under Executive Order 12898                   maintenance and five-year reviews,
                                                    incorporate by reference Maryland’s                     (59 FR 7629, February 16, 1994).                       have been completed. However, this
                                                    permit to construct requirements as                        In addition, this proposed rule,                    deletion does not preclude future
                                                    discussed in section II of this preamble.               relating to Maryland’s preconstruction                 actions under Superfund.
                                                    The EPA has made, and will continue                     permitting requirements, does not have                 DATES: Comments must be received by
                                                    to make, these documents generally                      tribal implications as specified by                    May 29, 2015.
                                                    available electronically through                        Executive Order 13175 (65 FR 67249,                    ADDRESSES: Submit your comments,
                                                    www.regulations.gov and/or in hard                      November 9, 2000), because the SIP is                  identified by Docket ID no. EPA–HQ–
                                                    copy at the appropriate EPA office (see                 not approved to apply in Indian country                SFUND–2005–0002, by one of the
                                                    the ADDRESSES section of this preamble                  located in the state, and EPA notes that               following methods:
                                                    for more information).                                  it will not impose substantial direct                     • Web site: http://
                                                    V. Statutory and Executive Order                        costs on tribal governments or preempt                 www.regulations.gov. Follow the online
                                                    Reviews                                                 tribal law.                                            instructions for submitting comments.
                                                       Under the CAA, the Administrator is                  List of Subjects in 40 CFR Part 52                        • Email: hess.alison@epa.gov:
                                                    required to approve a SIP submission                                                                              • Mail: To the attention of Alison
                                                                                                              Environmental protection, Air                        Hess, Remedial Project Manager, U.S.
                                                    that complies with the provisions of the                pollution control, Carbon monoxide,
                                                    CAA and applicable Federal regulations.                                                                        Environmental Protection Agency,
                                                                                                            Incorporation by reference,                            Region 2, Emergency & Remedial
                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                     Intergovernmental relations, Lead,
                                                    Thus, in reviewing SIP submissions,                                                                            Response Division, 290 Broadway, 19th
                                                                                                            Nitrogen dioxide, Ozone, Particulate                   Floor, New York, NY 10007–1866.
                                                    EPA’s role is to approve state choices,                 matter, Reporting and recordkeeping
                                                    provided that they meet the criteria of                                                                           • Hand Delivery: Superfund Records
                                                                                                            requirements, Sulfur oxides, Volatile                  Center, 290 Broadway, 18th floor, New
                                                    the CAA. Accordingly, this action                       organic compounds.
                                                    merely approves state law as meeting                                                                           York, NY 10007–1866 (telephone: 212–
                                                    Federal requirements and does not                         Authority: 42 U.S.C. 7401 et seq.                    637–4308). Such deliveries are only
                                                    impose additional requirements beyond                    Dated: April 16, 2015.                                accepted during the Record Center’s
                                                    those imposed by state law. For that                    William C. Early,                                      normal hours of operation (Monday to
                                                    reason, this proposed action:                                                                                  Friday from 9:00 a.m. to 5:00 p.m.).
                                                                                                            Acting, Regional Administrator, Region III.
                                                       • Is not a ‘‘significant regulatory                                                                         Special arrangements should be made
                                                                                                            [FR Doc. 2015–10008 Filed 4–28–15; 8:45 am]
                                                    action’’ subject to review by the Office                                                                       for deliveries of boxed information.
                                                                                                            BILLING CODE 6560–50–P                                    Instructions: Direct your comments to
                                                    of Management and Budget under
                                                    Executive Order 12866 (58 FR 51735,                                                                            Docket ID no. EPA–HQ–SFUND–2005–
                                                    October 4, 1993);                                                                                              0002. EPA’s policy is that all comments
                                                                                                            ENVIRONMENTAL PROTECTION
                                                       • does not impose an information                                                                            received will be included in the public
                                                                                                            AGENCY
                                                    collection burden under the provisions                                                                         docket without change and may be
                                                    of the Paperwork Reduction Act (44                      40 CFR Part 300                                        made available online at http://
                                                    U.S.C. 3501 et seq.);                                                                                          www.regulations.gov, including any
                                                                                                            [EPA–HQ–SFUND–2005–0002; FRL–9927–
                                                       • is certified as not having a                                                                              personal information provided, unless
                                                                                                            05–Region 2]                                           the comment includes information
                                                    significant economic impact on a
                                                    substantial number of small entities                                                                           claimed to be Confidential Business
                                                                                                            National Oil and Hazardous Substance
                                                    under the Regulatory Flexibility Act (5                                                                        Information (CBI) or other information
                                                                                                            Pollution Contingency Plan National
                                                    U.S.C. 601 et seq.);                                                                                           whose disclosure is restricted by statute.
                                                                                                            Priorities List: Deletion of the Crown
                                                       • does not contain any unfunded                      Vantage Landfill Superfund Site
                                                                                                                                                                   Do not submit information that you
                                                    mandate or significantly or uniquely                                                                           consider to be CBI or otherwise
                                                    affect small governments, as described                  AGENCY:  Environmental Protection                      protected through http://
                                                    in the Unfunded Mandates Reform Act                     Agency.                                                www.regulations.gov or email. The
                                                                                                                                                                   http://www.regulations.gov Web site is
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    of 1995 (Pub. L. 104–4);                                ACTION: Proposed rule; notice of intent.
                                                       • does not have Federalism                                                                                  an ‘‘anonymous access’’ system, which
                                                    implications as specified in Executive                  SUMMARY:   The Environmental Protection                means EPA will not know your identity
                                                    Order 13132 (64 FR 43255, August 10,                    Agency (EPA) Region 2 is issuing a                     or contact information unless you
                                                    1999);                                                  Notice of Intent to Delete the Crown                   provide it in the body of your comment.
                                                       • is not an economically significant                 Vantage Landfill Superfund Site (Site),                If you send an email comment directly
                                                    regulatory action based on health or                    located in Alexandria Township,                        to EPA without going through http://
                                                    safety risks subject to Executive Order                 Hunterdon County, New Jersey, from                     www.regulations.gov, your email
                                                    13045 (62 FR 19885, April 23, 1997);                    the National Priorities List (NPL) and                 address will be automatically captured


                                               VerDate Sep<11>2014   16:59 Apr 28, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\29APP1.SGM   29APP1


                                                    23758                  Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules

                                                    and included as part of the comment                     pursuant to section 105 of the CERCLA                  III. Deletion Procedures
                                                    that is placed in the public docket and                 of 1980, as amended. EPA maintains the
                                                    made available on the Internet. If you                  NPL as the list of sites that appear to                   The following procedures apply to
                                                    submit an electronic comment, EPA                       present a significant risk to public                   deletion of the Site:
                                                    recommends that you include your                        health, welfare, or the environment.                      (1) EPA consulted with the State
                                                    name and other contact information in                   Sites on the NPL may be the subject of                 before developing this Notice of Intent
                                                    the body of your comments and with                      remedial actions financed by the                       to Delete;
                                                    any disk or CD–ROM that you submit.                     Hazardous Substance Superfund (Fund).                     (2) EPA has provided the State 30
                                                    If EPA cannot read your comment due                     As described in 40 CFR 300.425(e)(3) of                working days for review of this notice
                                                    to technical difficulties and cannot                    the NCP, sites deleted from the NPL                    prior to publication of it today;
                                                    contact you for clarification, EPA may                  remain eligible for Fund-financed
                                                    not be able to consider your comments.                  remedial actions if future conditions                     (3) In accordance with the criteria
                                                    Electronic files should avoid the use of                warrant such actions.                                  discussed above, EPA has determined
                                                    special characters and any form of                        EPA will accept comments on the                      that no further response is appropriate;
                                                    encryption and should be free of any                    proposal to delete this Site for thirty                   (4) The State of New Jersey, through
                                                    defects or viruses.                                     (30) days after publication of this                    the New Jersey Department of
                                                       Docket: All documents in the docket                  document in the Federal Register.                      Environmental Protection (NJDEP), has
                                                    are listed in the http://                               Section II of this document explains the               concurred with deletion of the Site from
                                                    www.regulations.gov index. Although                     criteria for deleting sites from the NPL.              the NPL;
                                                    listed in the index, some information is                Section III discusses procedures that                     (5) Concurrently with the publication
                                                    not publicly available, e.g., CBI or other              EPA is using for this action. Section IV               of this Notice of Intent to Delete in the
                                                    information whose disclosure is                         discusses the Crown Vantage Landfill
                                                    restricted by statute. Certain other                                                                           Federal Register, a notice is being
                                                                                                            Superfund Site and demonstrates how it                 published in a major local newspaper,
                                                    material, such as copyrighted material,                 meets the deletion criteria.
                                                    will be publicly available only in the                                                                         the Hunterdon County Democrat. The
                                                    hard copy. Publicly available docket                    II. NPL Deletion Criteria                              newspaper notice announces the 30-day
                                                    materials are available either                                                                                 public comment period concerning the
                                                                                                               The NCP establishes the criteria that               Notice of Intent to Delete the Site from
                                                    electronically in http://                               EPA uses to delete sites from the NPL.
                                                    www.regulations.gov or in hard copy at:                                                                        the NPL.
                                                                                                            In accordance with 40 CFR 300.425(e),
                                                       U.S. Environmental Protection                        sites may be deleted from the NPL                         (6) EPA placed copies of documents
                                                    Agency, Region 2, Superfund Records                     where no further response is                           supporting the proposed deletion in the
                                                    Center, 290 Broadway, Room 1828, New                    appropriate. In making such a                          deletion docket and made these items
                                                    York, NY 10007–1866, Telephone: 212–                                                                           available for public inspection and
                                                                                                            determination pursuant to 40 CFR
                                                    637–4308, Hours: Monday through                                                                                copying at the Site information
                                                                                                            300.425(e), EPA will consider, in
                                                    Friday from 9:00 a.m. to 5:00 p.m. and                                                                         repositories identified above.
                                                                                                            consultation with the State, whether any
                                                       Milford Public Library, Crown                                                                                  If comments are received within the
                                                                                                            of the following criteria have been met:
                                                    Vantage Landfill Site Repository File, 40                                                                      30-day public comment period on this
                                                    Frenchtown Road, Milford, NJ 08848,                        i. Responsible parties or other persons
                                                                                                            have implemented all appropriate                       document, EPA will evaluate and
                                                    Telephone: 908 995–4072, Hours:                                                                                respond appropriately to the comments
                                                    Monday 12:00 p.m. to 7:00 p.m.,                         response actions required;
                                                                                                               ii. All appropriate Fund-financed                   before making a final decision to delete.
                                                    Tuesday 11 a.m. to 5:00 p.m.,                                                                                  If necessary, EPA will prepare a
                                                    Wednesday 12 p.m. to 8:00 p.m.,                         response under CERCLA has been
                                                                                                            implemented, and no further response                   Responsiveness Summary to address
                                                    Thursday 11 a.m. to 8:00 p.m., Friday                                                                          any significant public comments
                                                    10:00 a.m. to 1:00 p.m. and 5:00 p.m. to                action by responsible parties is
                                                                                                            appropriate; or                                        received. After the public comment
                                                    8:00 p.m., and Saturday 10:00 a.m. to                                                                          period, if EPA determines it is still
                                                    1:00 p.m.                                                  iii. The remedial investigation has
                                                                                                            shown that the release poses no                        appropriate to delete the Site, the
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               Regional Administrator will publish a
                                                    Alison Hess, Remedial Project Manager,                  significant threat to public health or the
                                                                                                            environment and, therefore, the taking                 final Notice of Deletion in the Federal
                                                    U.S. Environmental Protection Agency,                                                                          Register. Public notices, public
                                                    Region 2, 290 Broadway, 19th Floor,                     of remedial measures is not appropriate.
                                                                                                               Pursuant to CERCLA section 121(c)                   submissions and copies of the
                                                    New York, NY 10007–1866; Telephone                                                                             Responsiveness Summary, if prepared,
                                                    212–637–3959; or Email hess.alison@                     and the NCP, EPA conducts five-year
                                                                                                            reviews to ensure the continued                        will be made available to interested
                                                    epa.gov.                                                                                                       parties and in the Site information
                                                                                                            protectiveness of remedial actions
                                                    SUPPLEMENTARY INFORMATION:                              where hazardous substances, pollutants,                repositories listed above.
                                                    Table of Contents                                       or contaminants remain at a site above                    Deletion of a site from the NPL does
                                                                                                            levels that allow for unlimited use and                not itself create, alter, or revoke any
                                                    I. Introduction
                                                    II. NPL Deletion Criteria
                                                                                                            unrestricted exposure. EPA conducts                    individual’s rights or obligations.
                                                    III. Deletion Procedures                                such five-year reviews even if a site is               Deletion of a site from the NPL does not
                                                    IV. Basis for Intended Site Deletion                    deleted from the NPL. EPA may initiate                 in any way alter EPA’s right to take
                                                                                                            further action to ensure continued                     enforcement actions, as appropriate.
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                                                    I. Introduction                                         protectiveness at a deleted site if new                The NPL is designed primarily for
                                                       EPA Region 2 is announcing its intent                information becomes available that                     informational purposes and to assist
                                                    to delete the Crown Vantage Landfill                    indicates it is appropriate. Whenever                  EPA management. Section 300.425(e)(3)
                                                    Superfund Site from the NPL and                         there is a significant release from a site             of the NCP states that the deletion of a
                                                    requests public comment on this                         deleted from the NPL, the deleted site                 site from the NPL does not preclude
                                                    proposed action. The NPL constitutes                    may be restored to the NPL without                     eligibility for future response actions,
                                                    Appendix B of 40 CFR part 300 which                     application of the hazard ranking                      should future conditions warrant such
                                                    is the NCP, which EPA promulgated                       system.                                                actions.


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                                                                           Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules                                          23759

                                                    IV. Basis for Site Deletion                             conducted additional sampling of                       preventing exposures to landfill
                                                       The following summary provides                       surface water, sediment, surface soil and              materials. The major components of the
                                                    EPA’s rationale for deleting the Site                   fly ash, and ground water in 2003 and                  selected remedy of the ROD are the
                                                    from the NPL:                                           2004. Additional wastes were removed                   following:
                                                                                                            from the surface and riprap was placed                   • Establishment of a deed restriction
                                                    Site Background and History                             in flood-impacted areas.                               to ensure that future Site uses do not
                                                       The Crown Vantage Landfill Site is an                   The Site was proposed to the National               result in the disturbance of the surface
                                                    inactive former landfill located at 500                 Priorities List (NPL) in September 2004                of the Site, thereby preventing future
                                                    Milford-Frenchtown Road in Alexandria                   (69 FR 56970) and listed on the NPL in                 residential or commercial/industrial
                                                    Township, New Jersey. The Site                          April 2005 (70 FR 21644). The EPA                      development of the Site;
                                                                                                            CERCLIS ID# is NJN000204492.                             • Continued maintenance of security
                                                    occupies about 10 acres and has
                                                                                                               In May 2005, Fort James Operating                   measures at the Site (e.g., signage and
                                                    approximately 1,500 feet of frontage on
                                                                                                            Company, a subsidiary of Georgia-                      fencing);
                                                    the eastern bank of the Delaware River.                                                                          • Continued maintenance of the slope
                                                                                                            Pacific, entered into an Administrative
                                                    A mix of young and mature hardwood                                                                             stabilization wall;
                                                                                                            Order on Consent (AOC) with EPA for
                                                    trees, shrubs and grasses covers the Site.              a Removal Action. Under the 2005 AOC,                    • Sealing of remaining shallow
                                                    Access to the landfill area is restricted               additional surficial drums were                        monitoring wells;
                                                    by locked chain-link fencing.                           removed, additional fencing was                          • Semi-annual monitoring of the Site,
                                                       To the west of the site, across the                  provided, and an engineered slope                      including the slope stabilization wall;
                                                    Delaware River, lies Bucks County,                      stabilization wall was constructed to                  and
                                                    Pennsylvania. The Delaware and Raritan                  stabilize the landfill’s western face. In                • Five-Year Reviews by EPA to
                                                    Canal foot path and a farm field bound                  total, over 700 surficial drums, drum                  ensure that the remedy continues to be
                                                    the Site to the east. Historically, railroad            remnants and drum carcasses were                       protective of public health and the
                                                    tracks bounded the Site to the east. The                removed from the surface of the Site                   environment.
                                                    landfill property is bounded to the                     during investigations conducted
                                                    south by the Delaware Raritan Canal                                                                            Response Actions
                                                                                                            between 1991 and 2007.
                                                    State Park and to the north by the Curtis                  Further investigations and removal                     A Consent Decree for IP’s and GP’s
                                                    Specialty Papers Superfund site.                        actions at the Site were performed by                  performance of the Remedial Design and
                                                       The landfill reportedly was utilized                 Georgia-Pacific Consumer Products, LP                  Remedial Action was entered by the
                                                    by the nearby former Curtis Specialty                   (GP) under an Administrative                           United States District Court for the
                                                    Papers mill, as well as by other nearby                 Agreement and Order on Consent signed                  District of New Jersey in April 2013.
                                                    Riegel Paper Company facilities, for the                in September 2007 and by International                    The remedy was designed and
                                                    disposal of waste beginning in the late                 Paper Company (IP) under a Unilateral                  constructed in a single phase pursuant
                                                    1930s through the early 1970s. The                      Administrative Order signed in                         to EPA-approved work plans. The
                                                    landfill may also have accepted flood-                  December 2007. During the Remedial                     monitoring well closures and fence
                                                    damaged items from the local                            Investigation (RI) conducted in 2008–                  relocation measures undertaken as part
                                                    community following record flooding of                  2009, more than 1,750 drums, drum                      of maintaining the existing security as
                                                    the Delaware River in 1955. Types of                    carcasses and drum remnants were                       required by the ROD were conducted
                                                    wastes disposed of at the landfill                      removed from the Site. Analytical data                 from February to April 2013. Three
                                                    include fly ash, cinders, and bottom ash;               from surface water, pore water and                     monitoring wells and two piezometers
                                                    paper mill and coating-related wastes,                  groundwater sampling showed that                       were located in the field and sealed in
                                                    including foil-backed paper, off-                       these media were not impacted by the                   accordance with New Jersey well
                                                    specification paper, 55-gallon drums                    Site. The RI Report was completed in                   closure regulations. Another three
                                                    containing press room wastes, and                       July 2010. The RI concluded that, after                monitoring wells and four piezometers
                                                    paper fiber sludge from wastewater                      removal activities were conducted, all                 were documented to have been closed
                                                    treatment plant operations; steel and                   human health risks were within or                      in 2007. Lastly, two monitoring wells
                                                    fiber barrels and pallets; and                          below EPA’s acceptable levels. An                      could not be located visually or with the
                                                    construction and demolition debris.                     ecological risk assessment was also                    use of a metal detector and may have
                                                    Historical aerial photos indicated that                 conducted and concluded that there was                 been closed in 2007 or covered by silt
                                                    shallow trenches in the surface of the                  no need for remediation based on                       and other materials since they were last
                                                    landfill may have been used for the                     potential risks to ecological receptors.               sampled in 1994, and four piezometers
                                                    burial of drummed wastes in the early                   The Feasibility Study Report, developed                located beneath the slope stabilization
                                                    1970s.                                                  to identify and compare cleanup                        wall also could not be located and are
                                                       Site characterization began in 1991                  alternatives, was completed in                         presumed to no longer be accessible.
                                                    with the Preliminary Site Investigation                 November 2010.                                         New 12-foot fence posts were driven to
                                                    (PSI), including an aerial photograph                                                                          a depth of four feet. Monitoring of
                                                    analysis, geophysical survey of the                     Selected Remedy                                        ambient air was conducted during fence
                                                    landfill area, soil gas sampling, ground                  The Site remedy was selected and                     installation, with no measurable
                                                    water sampling and a wetlands                           memorialized in the Site Record of                     concentrations of volatile organic
                                                    assessment. The PSI was followed by                     Decision (ROD), which was issued on                    compounds detected above background
                                                    the removal of drums (empty, full, and                  September 29, 2011. Because the                        levels. Old posts and fencing were
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                                                    partially full) and paper products from                 baseline human health risk assessment                  removed and recycled, and a new
                                                    the surface of the landfill. In 1994,                   and ecological risk assessments for the                section of fencing and fabric installed.
                                                    monitoring wells were installed and the                 Site did not identify the presence of                  New coated, rust-free aluminum signs
                                                    ground water quality was characterized.                 unacceptable human health or                           were posted along the entire fence
                                                       From 2001 through 2003, the NJDEP                    ecological risks requiring remediation                 perimeter as needed. EPA conducted a
                                                    fenced the Site, removed additional                     under current and reasonably                           final inspection in July 2013 and issued
                                                    surface debris, including drums, and                    anticipated future Site use, the remedial              a Preliminary Site Close-Out Report in
                                                    collected surface soil samples. The EPA                 action objectives were limited to                      September 2013.


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                                                    23760                  Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Proposed Rules

                                                      IP and GP prepared a draft deed                       provides community input on the site                   the Site from the NPL. As described in
                                                    notice pursuant to the April 2013                       progress, including the implementation                 this Notice of Intent to Delete, the
                                                    Consent Decree. EPA approved the final                  of field activities associated with                    implemented remedy achieves the
                                                    deed notice in December 2013. The                       investigations, removals and remedial                  degree of cleanup specified in the ROD
                                                    deed notice was recorded by the                         construction. EPA maintains a local site               for all exposure pathways; the RAO has
                                                    Hunterdon County Clerk in February                      information repository at the Milford                  been met, and no further Superfund
                                                    2014.                                                   Public Library and regularly adds site                 response is needed to protect human
                                                      EPA issued a Final Site Close-Out                     reports and other documents.                           health and the environment.
                                                    Report in December 2014.                                   As part of the remedy selection
                                                                                                                                                                     The NCP specifies that EPA may
                                                                                                            process, the public was invited to
                                                    Ongoing Maintenance                                                                                            delete a site from the NPL if responsible
                                                                                                            comment on the proposed remedy. In
                                                       The ongoing maintenance plan was                                                                            parties or other persons have
                                                                                                            June 2011, EPA released a Proposed
                                                    approved in June 2013. This plan covers                                                                        implemented all appropriate response
                                                                                                            Plan summarizing the RI/FS reports and
                                                    site security, the long-term monitoring                                                                        actions. EPA, with the concurrence of
                                                                                                            identifying the preferred remedial
                                                    and maintenance of the slope                                                                                   the State of New Jersey, believes that
                                                                                                            alternative with the rationale for its
                                                    stabilization wall and recertification of                                                                      this criterion for deletion has been met.
                                                                                                            preference. EPA held a public meeting
                                                    the deed notice.                                                                                               Consequently, EPA intends to delete the
                                                                                                            on July 12, 2011 at the Milford
                                                                                                            Firehouse to explain the Proposed Plan                 Crown Vantage Landfill Site from the
                                                    Five-Year Review                                                                                               NPL. Documents supporting this action
                                                                                                            and to receive public comments. EPA
                                                       Hazardous substances, pollutants, or                 held a public comment period from July                 are available for review at the
                                                    contaminants will remain at the Site                    1 through 31, 2011 to accept written                   information repositories identified
                                                    above levels that allow for unlimited                   comments. Responses to comments                        above.
                                                    use and unrestricted exposure.                          received at the public meeting and                     List of Subjects in 40 CFR Part 300
                                                    Therefore, pursuant to CERCLA Section                   comments submitted during the public
                                                    121(c), EPA is required to conduct a                    comment period are provided in the                       Environmental protection, Air
                                                    review of the remedy at least once every                Responsiveness Summary section of the                  pollution control, Chemicals, Hazardous
                                                    five years. The first Five-Year Review                  ROD.                                                   substances, Hazardous waste,
                                                    Report will be completed prior to                          All other documents and information                 Intergovernmental relations, Penalties,
                                                    February 2018, which is five years from                 the EPA relied on or considered in                     Reporting and recordkeeping
                                                    the start of the on-site remedial action                recommending this deletion are                         requirements, Superfund, Water
                                                    construction.                                           available for the public to review at the              pollution control, Water supply.
                                                                                                            information repositories identified                      Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
                                                    Community Involvement
                                                                                                            above.                                                 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                                       Public participation activities for the                                                                     2013 Comp., p.306; E.O. 12777, 56 FR 54757,
                                                    Site have been satisfied as required by                 Determination That the Site Meets the
                                                                                                            Criteria for Deletion From the NCP                     3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
                                                    CERCLA sections 113(k) and 117, 42                                                                             2923, 3 CFR, 1987 Comp., p.193. Dated: April
                                                    U.S.C. 9613(k) and 9617. A Community                      All of the completion requirements                   15, 2015.
                                                    Advisory Group (CAG) for the Site has                   for the Site have been met, as described
                                                    been meeting quarterly since 2009. EPA                  in the December 29, 2014 Final Site                    Judith Enck,
                                                    finalized a site-specific Community                     Close-Out Report. The State of New                     Regional Administrator, Region 2.
                                                    Involvement Plan in March 2010. The                     Jersey, in January 12, 2015 letter,                    [FR Doc. 2015–10001 Filed 4–28–15; 8:45 am]
                                                    CAG obtains information from EPA and                    concurred with the proposed deletion of                BILLING CODE P
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Document Created: 2015-12-16 08:26:01
Document Modified: 2015-12-16 08:26:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of intent.
DatesComments must be received by May 29, 2015.
ContactAlison Hess, Remedial Project Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 19th Floor, New York, NY 10007-1866; Telephone 212-637-3959; or Email [email protected]
FR Citation80 FR 23757 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply

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