81 FR 53311 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Jackson Steel Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 156 (August 12, 2016)

Page Range		53311-53315
FR Document		2016-19130

The Jackson Steel Superfund site (Site), located in the Village of Mineola, Nassau County, New York, contains a building formerly used as a metal-forming facility. The Site is bordered to the north by commercial spaces and single-family dwellings, to the east by a two-story apartment complex, to the south by a daycare center and to the west by an office building and restaurant. The Environmental Protection Agency (EPA) Region 2 is publishing this direct final Notice of Deletion (NOD) of the Site from the National Priorities List (NPL). The NPL, promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of New York, through the New York State Department of Environmental Conservation (NYSDEC), because EPA has determined that all appropriate response actions under CERCLA have been completed at the Site and that the soil on the Site and the groundwater beneath the Site no longer pose a threat to public health or the environment. Because elevated concentrations of volatile organic compounds (VOCs) are present under the slab of the vacant Jackson Steel building and the occupied daycare center, operation and maintenance of the subslab vapor intrusion mitigation systems under the daycare center, periodic vapor intrusion monitoring, and five-year reviews will continue. The deletion does not preclude future actions under Superfund.

Federal Register, Volume 81 Issue 156 (Friday, August 12, 2016)

[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53311-53315]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-19130]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0006; FRL-9950-62-Region 2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Jackson Steel Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Jackson Steel Superfund site (Site), located in the
Village of Mineola, Nassau County, New York, contains a building
formerly used as a metal-forming facility. The Site is bordered to the
north by commercial spaces and single-family dwellings, to the east by
a two-story apartment complex, to the south by a daycare center and to
the west by an office building and restaurant.
The Environmental Protection Agency (EPA) Region 2 is publishing
this direct final Notice of Deletion (NOD) of the Site from the
National Priorities List (NPL). The NPL, promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the State of New York, through the New York State
Department of Environmental Conservation (NYSDEC), because EPA has
determined that all appropriate response actions under CERCLA have been
completed at the Site and that the soil on the Site and the groundwater
beneath the Site no longer pose a threat to public health or the
environment. Because elevated concentrations of volatile organic
compounds (VOCs) are present under the slab of the vacant Jackson Steel
building and the occupied daycare center, operation and maintenance of
the subslab vapor intrusion mitigation systems under the daycare
center, periodic vapor intrusion monitoring, and five-year reviews will
continue. The deletion does not preclude future actions under
Superfund.

DATES: This direct final deletion will be effective September 26, 2016
unless EPA receives adverse comments by September 12, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of this
direct final NOD in the Federal

[[Page 53312]]

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0006, by one of the following methods:
Web site: http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: singerman.joel@epa.gov.
Fax: To the attention of Joel Singerman at 212-637-3966.
Mail: To the attention of Joel Singerman, Chief, Central
New York Remediation Section, 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-
2000-0006. EPA's policy is that all comments received will be included
in the Docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be confidential
business information (CBI) or other information for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or via
email. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comments. If you
send comments to EPA via email, your email address will be included as
part of the comment that is placed in the Docket and made available on
the Web site. If you submit electronic comments, EPA recommends that
you include your name and other contact information in the body of your
comments and with any disks or CD-ROMs that you submit. If EPA cannot
read your comments because of technical difficulties and cannot contact
you for clarification, EPA 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
for which 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: 9:00 a.m. to 5:00 p.m.
Town of North Hempstead, 200 Plandome Road, Manhasset, NY 11030. Phone:
(516) 489-5000. Hours: Monday-Friday, 8:15 a.m.-4:00 p.m.
Garden City Public Library, 60 Seventh Street, Garden City, NY 11530.
Phone: (516) 742-8405. Hours: Monday-Thursday: 9:30 a.m.-9:00 p.m.;
Friday and Saturday: 9:30 a.m.-5:00 p.m.; Sat: 9:30 a.m.-5:00 p.m. and
Sunday: 1:00 p.m.-5:00 p.m.
Village of Mineola Hall, 155 Washington Avenue, Mineola, NY 11501.
Phone: (516) 746-0750. Hours: Monday-Friday 8:30 a.m.-4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Joel Singerman, Chief, Central New
York Remediation Section, 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 212-637-4258; fax at
212-637-3966; or email at singerman.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

EPA Region 2 is publishing this direct final NOD of the Site from
the NPL. The NPL constitutes Appendix B of 40 CFR part 300, which is
the NCP, which EPA promulgated pursuant to Section 105 of CERCLA, as
amended. EPA maintains the NPL as the list of 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 EPA is using
for this action. Section IV discusses the Site and demonstrates how it
meets the deletion criteria. Section V discusses EPA's action to delete
the Site from the NPL unless adverse comments are received during the
public comment period.

II. NPL Deletion Criteria

The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other parties have implemented all
appropriate response actions required;
ii. all appropriate Fund-financed responses under CERCLA have been
implemented, and no further action by responsible parties is
appropriate; or
iii. the remedial investigation (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, 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 the deletion of the Site:
(1) EPA consulted with the State of New York prior to developing
this direct final NOD and the NOID also published today in the
``Proposed Rules'' section of the Federal Register.
(2) EPA has provided the State with 30 working days for review of
this notice and the parallel NOID prior to their publication today, and
the State,

[[Page 53313]]

through NYSDEC, has concurred on the deletion of the Site from the NPL.
(3) Concurrent with the publication of this direct final NOD, a
notice of the availability of the parallel NOID is being published in a
major local newspaper, the Mineola American. The newspaper notice
announces the 30-day public comment period concerning the NOID of the
Site from the NPL.
(4) 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.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final NOD before its effective date
and will prepare a response to comments. If appropriate, EPA may
continue with the deletion process based on the NOID and the comments
already received.
The NPL is designed primarily for informational purposes and to
assist EPA's management of sites. Section 300.425(e)(3) of the NCP
states that the deletion of a site from the NPL does not preclude
eligibility for further response actions should future conditions
warrant such actions.

IV. Basis for Site Deletion

The following information provides the Agency's rationale for
deleting the Site from the NPL.

Site Background and History

The 1.5-acre Site (CERCLIS ID NYD001344456) contains a one-story,
43,000-square-foot building formerly used as a metal-forming facility
and an approximately 10,000-square foot paved parking area. It is
bordered to the north by commercial spaces and single-family dwellings,
to the east by a two-story apartment complex, to the south by a daycare
center, and to the west by an office building and restaurant.
The property was used from the mid-1970s until 1991 as a ``roll
form metal shapes'' manufacturing facility. Degreasers, including
tetrachloroethylene (PCE), trichloroethylene, and 1,1,1-
trichloroethane, were used at the facility until 1985. Sludges from
degreasing equipment were stored in drums and in an on-property 275-
gallon tank.
The analytical results from samples collected by the Nassau County
Department of Health (NCHD) in the early 1990s from within, around, and
below three on-property dry wells indicated the presence of VOCs at
depths down to 40 feet below the ground surface. VOCs were also
detected in groundwater samples collected from monitoring wells located
downgradient of the dry wells.
Dumping of wastes into the dry wells and spills and leaks from
drums storing various chemicals during the facility's operations are
the likely sources of the contamination that was found at the Site.
The Site was proposed for listing on the NPL on October 22, 1999
(40 CFR part 300 [FRL-6462-2]). The Site was listed on the NPL on
February 4, 2000 (40 CFR part 300 [FRL-6532-7]).
Following the commencement of RI-related field work in October
2001, because of concerns about the proximity of the Site to the
daycare center, NCHD performed air sampling inside the daycare center
building. The air samples detected PCE at levels below the New York
State Department of Health's (NYSDOH's) guideline for indoor PCE
exposure. Given the sensitivity of the population exposed (preschool
children), NCHD collected additional samples in December 2001. At that
time, indoor testing was also conducted inside the Jackson Steel
building and the restaurant located adjacent to the Site. The results
indicated that PCE levels in the indoor air of several rooms in the
daycare center were above NYSDOH's guideline for PCE. As a result, in
January 2002, a subslab depressurization system (i.e., vapor intrusion
mitigation system) was installed by EPA. In addition, a ventilation
system was installed by the daycare center's contractor. Samples
collected to assess the effectiveness of the implemented measures
showed that the PCE levels in the air were significantly below NYSDOH's
guideline and below EPA's acceptable noncancer risk levels. Because
elevated PCE levels were also detected in a billiards club that shared
common walls with the Site building and the daycare center, EPA
installed a vapor intrusion mitigation system under the concrete slab
of this building, as well. The billiards club was subsequently occupied
as a retail store, and recently the daycare center (the Learn and Play
Daycare Center) expanded to occupy this space, as well. The vapor
intrusion mitigation systems were replaced by the property owner's
contractor in May 2016.
The results of the RI, which was completed in 2002, indicated that
VOCs, semi-volatile organic compounds, pesticides, and metals
contamination were present in the surface soil, and VOC contamination
was present at several subsurface soil locations. In addition,
contamination was found in a trench and sumps located inside the
building and dry wells located under the parking lot at the Site.
Groundwater from the three hydrogeologic units underlying the
site--the Upper Glacial Aquifer (upper aquifer), Magothy Confining Bed
(a low permeability, clay layer separating the upper and deep
aquifers), and the Magothy Aquifer (deep aquifer)--were also sampled.
VOC contamination above state and federal standards was detected both
in the Upper Glacial Aquifer and Magothy Aquifer.
Based upon the results of the RI and a feasibility study, in
September 2004, EPA selected a remedy for the Site in a Record of
Decision (ROD). The ROD outlined the following remedial action
objectives (RAOs):
Minimize or eliminate contaminant migration from
contaminated soils and dry wells to the groundwater;
minimize or eliminate any contaminant migration from
contaminated soils and groundwater to indoor air;
restore groundwater to levels which meet state and federal
standards within a reasonable time frame;
mitigate the migration of the affected groundwater; and
reduce or eliminate any direct contact, ingestion, or
inhalation threat associated with contaminated soils, soil vapor,
contaminated surfaces in the on-property building, and groundwater.
The selected remedy includes the following actions:
Decontamination of the Jackson Steel building floor;
in-situ soil vapor extraction (ISVE) to treat the
contaminated subsurface soil;
excavation and off-Site disposal of the contaminated
surface soil and contaminated material in on-Site sumps, a trench, and
dry wells;
in-situ chemical oxidation (ISCO) to treat the
contaminated groundwater in the Upper Glacial Aquifer;
extraction and treatment of the contaminated groundwater
in the deep aquifer if confirmatory groundwater sampling indicates that
the Site is a principal source of the groundwater contamination to the
aquifer underlying the Site;
if it is determined that the Site is a principal source of
the groundwater contamination to the deep aquifer underlying the Site,
the selected remedy would be expanded, as necessary, to include off-
property groundwater contamination; and
long-term groundwater monitoring.
The soil cleanup objectives were established pursuant to New York
State Technical and Administrative Guidance

[[Page 53314]]

Memorandum (TAGM) No. 94-HWR-4046 objectives (Division Technical and
Administrative Guidance Memorandum: Determination of Soil Cleanup
Objectives and Cleanup Levels, Division of Hazardous Waste Remediation,
January 24, 1994). As dictated by the TAGM objectives, the soil cleanup
levels selected in the ROD were the more stringent cleanup level
between a human-health protection value and a value based on protection
of groundwater. The groundwater cleanup goals were the more stringent
of the state or federal promulgated standards. EPA and New York State
Department of Health promulgated health-based, protective Maximum
Contaminant Levels (MCLs) that are enforceable standards for various
drinking water contaminants. MCLs ensure that drinking water does not
pose either a short- or long-term health risk.
The building decontamination and the excavation of the contaminated
surface soil and the contaminated material in the building sumps and
trench and in the dry wells and their disposal were performed from 2005
to 2006. A total of 170 cubic yards of material was excavated and
disposed of at an EPA-approved off-Site facility.
Groundwater ISCO injections were performed between July and
December 2005. Approximately, 15,000 gallons of iron-catalyzed sodium
persulfate (with small amounts of buffering agents) and 600 gallons of
hydrogen peroxide were injected into the aquifer through a network of
20 injection wells to treat the contamination in the Upper Glacial
Aquifer.
After a successful pilot test, an ISVE system consisting of nine
ISVE wells and 11 vapor monitoring probes began operating in 2005.
A supplemental groundwater investigation was conducted from 2005 to
2006 to determine the source of the Magothy Aquifer contamination
underneath the Site and to establish whether there was a relationship
between the contamination at the Site and the VOC contamination
detected in nearby Village of Mineola Supply Well #4. Based on the
results of the investigation, it was concluded that the Site was not a
current source of contamination in the Magothy Aquifer. Therefore, EPA
decided not to implement the Magothy Aquifer groundwater remedy. An
Explanation of Significant Differences (ESD) was issued in 2007,
documenting this decision.
While the cleanup objectives for the Upper Glacial Aquifer and soil
were met in 2006 and 2008, respectively, EPA continued to operate the
ISVE system until 2013 because VOC vapors were still being recovered
from underneath the Jackson Steel building. The operation of the ISVE
system was discontinued when the levels of vapor removal became too low
for the system to continue to be efficient.
The aboveground ISVE infrastructure was removed by EPA in June
2013. From March to April 19, 2016, the groundwater monitoring wells,
ISVE wells, vapor monitoring wells, ISCO injection wells, and ISCO
monitoring wells, were decommissioned.
Although EPA successfully remediated the soil and the groundwater
aquifer immediately underlying the Site, residual levels of VOCs
remain. VOCs, even at low levels, can migrate as vapors through the
soil into buildings. This process, which is called vapor intrusion, can
result in unacceptable human exposures to VOCs inside occupied
buildings. This pathway is currently incomplete at the Site, because
the building on the site is currently unoccupied, and subslab vapor
intrusion mitigation systems prevent the migration of vapors into an
adjacent occupied building.
Because the residual levels of VOCs are expected to dissipate
slowly, EPA concluded that preventing human exposure to VOCs at the
occupied building will be needed for a number of years to ensure the
protectiveness of the remedy. Therefore, the existing vapor intrusion
mitigation systems will need to continue to operate, and additional
actions, from monitoring to the installation of an additional vapor
mitigation system, may be needed should the currently unoccupied
building be occupied or replaced with another structure in the future.
EPA determined that institutional controls (ICs) (i.e., property use
restrictions) requiring the continued operation of the subslab vapor
intrusion mitigation systems were needed. In addition, EPA determined
that ICs requiring vapor intrusion sampling and/or mitigative measures
were needed should the unoccupied Jackson Steel building be occupied or
replaced with another structure in the future.
EPA issued an ESD on June 20, 2016, documenting its determination
to incorporate into the remedy ICs to prevent exposure through vapor
intrusion. The ICs will remain in place until the residual VOCs fully
dissipate in the subsurface. EPA noted in the ESD that a Vapor
Intrusion Management Plan (VIMP) and Institutional Control
Implementation and Assurance Plan (ICIAP) would be prepared to ensure
that the ICs were appropriately implemented and maintained. In
addition, in the ESD EPA noted that it would communicate directly with
the Village of Mineola Superintendent of Buildings, requesting that EPA
and NYSDEC be notified if the existing building is to be refurbished
and used for human occupancy or demolished and a new structure
constructed. The correspondence would also request that the Village not
issue a Certificate of Occupancy until necessary vapor intrusion-
related actions identified by EPA and NYSDEC are carried out.
A VIMP and ICIAP were completed on June 20, 2016.
On June 20, 2016, EPA sent a letter to the Village of Mineola
Superintendent of Buildings, requesting that EPA and NYSDEC be notified
if the existing building is to be refurbished and used for human
occupancy or demolished and a new structure constructed and requested
that the Village not issue a Certificate of Occupancy until necessary
vapor intrusion-related actions identified by EPA and NYSDEC are
carried out. Periodic reminders will be issued to the Village to help
ensure the effectiveness of this measure.
On July 27, 2016, notices were placed on the deed of the two
parcels occupied by the daycare center and the parcel occupied by the
Jackson Steel building. The notice on the deed of the daycare center
requires that the subslab vapor intrusion mitigation systems be
operated as long as elevated levels of vapors remain under the
buildings on the property and the buildings are occupied. The notice on
the deed of the Jackson Steel building alerts any potential purchaser,
lessee, or other user of the property that EPA and NYSDEC must be
notified if and when a determination is made that the existing building
will be refurbished and used for human occupancy or demolished and a
new structure constructed. EPA intends to effect an environmental
easement on the Jackson Steel property in the future once a new owner
takes control of the property.

Five-Year Review

It is the policy of EPA to conduct five-year reviews when remedial
activities, including monitoring, will continue for more than five
years. A five-year review that is required by policy is triggered by
the date of the approval of the Preliminary Close-Out Report, which
documents that EPA has determined that construction at a site has been
completed. For this Site, the Preliminary Close-Out Report was approved
on August 30, 2007.
The first five-year review was completed in August 2012. The review
concluded that the remedy was functioning as intended in the decision

[[Page 53315]]

documents and was protecting human health and the environment.
Subsequent to the 2012 five-year review, EPA determined that ICs
were necessary to ensure the protectiveness of the remedy, as discussed
above. Five-year reviews will be conducted as long as residual VOC
levels remain that perpetuate the vapor intrusion concerns described in
this ESD. The next five-year review will be conducted by August 2017.

Community Involvement

Public participation activities for the Site have been satisfied as
required pursuant to CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k)
and 9617. As part of the remedy selection process, the public was
invited to comment on the proposed remedy. All other documents and
information that EPA relied on or considered in recommending this
deletion are available for the public to review at the information
repositories identified above.

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

All of the cleanup requirements for the Site have been met, as
described in the September 2006 groundwater Interim Groundwater
Remedial Action Report, September 2008 soil Remedial Action Report,
August 2007 Preliminary Close-Out Report, July 2016 Final Close-Out
Report, and 2012 Five-Year Review report. The State of New York, in a
July 29, 2016 letter, concurred with the proposed deletion of the Site
from the NPL.
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate Fund-financed response under CERCLA has been implemented,
and no further response action by responsible parties is appropriate.''
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New
York, through NYSDEC, believes that this criterion for the deletion of
the Site has been met in that that the soil on the Site and the
groundwater beneath the Site no longer pose a threat to public health
or the environment. Consequently, EPA is deleting the Site from the
NPL. Documents supporting this action are available in the deletion
docket at http://www.regulations.gov and at the Site information
repositories.

V. Deletion Action

EPA, with the concurrence of the State of New York through NYSDEC,
has determined that other than the ongoing operation and maintenance of
the vapor intrusion mitigation systems at the daycare center, periodic
vapor intrusion monitoring, insuring that the ICs are in place and
effective, and five-year reviews, all appropriate responses under
CERCLA have been completed at the Site. The soil and groundwater
immediately underlying the Site no longer pose a threat to public
health or the environment. Therefore, EPA is deleting the Site from the
NPL. Periodic vapor intrusion monitoring and five-year reviews will
still be required for the Site. The deletion does not preclude future
action under CERCLA. Because EPA considers this action to be
noncontroversial and routine, EPA is taking this action without prior
publication. This action will be effective September 26, 2016 unless
EPA receives adverse comments by September 12, 2016. If adverse
comments are received within the 30-day public comment period of this
action, EPA will publish a timely withdrawal of this direct final NOD
before the effective date of the deletion and the deletion will not
take effect. EPA will prepare a response to comments and continue with
the deletion process on the basis of the NOID and the comments
received. In such a case, there will be no additional opportunity to
comment.

List of Subjects in 40 CFR Part 300

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

Dated: August 2, 2016.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9675; E.O.
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Jackson
Steel,'' ``Mineola/North Hempstead,'' ``NY.''

[FR Doc. 2016-19130 Filed 8-11-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53311

F. Executive Order 13175: Consultation This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
and Coordination With Indian Tribal defined by 5 U.S.C. 804(2). AGENCY
Governments Under section 307(b)(1) of the CAA,
40 CFR Part 300
This action does not have tribal petitions for judicial review of this
implications as specified in Executive action must be filed in the United States [EPA–HQ–SFUND–2000–0006; FRL–9950–
Order 13175. It will not have substantial Court of Appeals for the appropriate 62–Region 2]
direct effects on tribal governments. circuit by October 11, 2016. Filing a
National Oil and Hazardous
Thus, Executive Order 13175 does not petition for reconsideration by the Substances Pollution Contingency
apply to this rule. Administrator of this final rule does not Plan; National Priorities List: Deletion
G. Executive Order 13045: Protection of affect the finality of this rule for the of the Jackson Steel Superfund Site
Children From Environmental Health purposes of judicial review nor does it
extend the time within which a petition AGENCY: Environmental Protection
Risks and Safety Risks
for judicial review may be filed, and Agency (EPA).
This action is not subject to Executive shall not postpone the effectiveness of ACTION: Direct final rule.
Order 13045 because it is not such rule or action. This action may not
economically significant as defined in SUMMARY: The Jackson Steel Superfund
be challenged later in proceedings to site (Site), located in the Village of
Executive Order 12866, and because
enforce its requirements. (See section Mineola, Nassau County, New York,
EPA does not believe the environmental
307(b)(2).) contains a building formerly used as a
health or safety risks addressed by this
action present a disproportionate risk to List of Subjects in 40 CFR Part 52 metal-forming facility. The Site is
children because it proposes to bordered to the north by commercial
disapprove a state rule. Environmental protection, Air spaces and single-family dwellings, to
pollution control, Incorporation by the east by a two-story apartment
H. Executive Order 13211: Actions reference, Intergovernmental relations, complex, to the south by a daycare
Concerning Regulations That center and to the west by an office
Ozone.
Significantly Affect Energy Supply, building and restaurant.
Distribution or Use Dated: August 1, 2016. The Environmental Protection Agency
This action is not subject to Executive Robert A. Kaplan, (EPA) Region 2 is publishing this direct
Order 13211, because it is not a Acting Regional Administrator, Region 5. final Notice of Deletion (NOD) of the
significant regulatory action under Site from the National Priorities List
40 CFR part 52 is amended as follows: (NPL). The NPL, promulgated pursuant
Executive Order 12866.
to Section 105 of the Comprehensive
I. National Technology Transfer and PART 52—APPROVAL AND Environmental Response,
Advancement Act (NTTAA) PROMULGATION OF Compensation, and Liability Act
IMPLEMENTATION PLANS (CERCLA) of 1980, as amended, is an
This rulemaking does not involve
technical standards. appendix of the National Oil and
■ 1. The authority citation for part 52 Hazardous Substances Pollution
J. Executive Order 12898: Federal continues to read as follows: Contingency Plan (NCP). This direct
Actions to Address Environmental final deletion is being published by EPA
Authority: 42 U.S.C. 7401 et seq.
Justice in Minority Populations and with the concurrence of the State of
Low-Income Populations ■ 2. Section 52.2591 is amended by New York, through the New York State
EPA believes the human health or revising paragraph (g) to read as follows: Department of Environmental
environmental risk addressed by this Conservation (NYSDEC), because EPA
§ 52.2591 Section 110(a)(2) infrastructure has determined that all appropriate
action will not have potential
requirements. response actions under CERCLA have
disproportionately high and adverse
human health or environmental effects * * * * * been completed at the Site and that the
on minority, low-income or indigenous (g) Approval—In a June 20, 2013, soil on the Site and the groundwater
populations. beneath the Site no longer pose a threat
submission with a January 28, 2015,
to public health or the environment.
Congressional Review Act clarification, Wisconsin certified that
Because elevated concentrations of
the state has satisfied the infrastructure volatile organic compounds (VOCs) are
The Congressional Review Act, 5 SIP requirements of section 110(a)(2)(A)
U.S.C. 801 et seq., as added by the Small present under the slab of the vacant
through (H), and (J) through (M) for the Jackson Steel building and the occupied
Business Regulatory Enforcement 2008 ozone NAAQS. For
Fairness Act of 1996, generally provides daycare center, operation and
110(a)(2)(D)(i)(I), we are approving maintenance of the subslab vapor
that before a rule may take effect, the prong one and disapproving prong two.
agency promulgating the rule must intrusion mitigation systems under the
We are not taking action on the daycare center, periodic vapor intrusion
submit a rule report, which includes a
prevention of significant deterioration monitoring, and five-year reviews will
copy of the rule, to each House of the
Congress and to the Comptroller General requirements related to section continue. The deletion does not
of the United States. EPA will submit a 110(a)(2)(C), (D)(i)(II), and (J) and the preclude future actions under
report containing this rule and other state board requirements of (E)(ii). We Superfund.
required information to the U.S. Senate, will address these requirements in a DATES: This direct final deletion will be
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the U.S. House of Representatives, and separate action. effective September 26, 2016 unless
the Comptroller General of the United * * * * * EPA receives adverse comments by
States prior to publication of the rule in [FR Doc. 2016–19025 Filed 8–11–16; 8:45 am] September 12, 2016. If adverse
the Federal Register. A major rule BILLING CODE 6560–50–P comments are received, EPA will
cannot take effect until 60 days after it publish a timely withdrawal of this
is published in the Federal Register. direct final NOD in the Federal

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53312 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations

Register, informing the public that the www.regulations.gov index. Although future conditions at the site warrant
deletion will not take effect. listed in the index, some information is such actions.
ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other Section II of this document explains
identified by Docket ID no. EPA–HQ– information for which disclosure is the criteria for deleting sites from the
SFUND–2000–0006, by one of the restricted by statute. Certain other NPL. Section III discusses procedures
following methods: material, such as copyrighted material, that EPA is using for this action. Section
• Web site: http:// will be publicly available only in hard IV discusses the Site and demonstrates
www.regulations.gov. Follow the on-line copy. Publicly-available Docket how it meets the deletion criteria.
instructions for submitting comments. materials can be obtained either Section V discusses EPA’s action to
• Email: singerman.joel@epa.gov. electronically at http:// delete the Site from the NPL unless
• Fax: To the attention of Joel www.regulations.gov or in hard copy at: adverse comments are received during
Singerman at 212–637–3966. U.S. Environmental Protection Agency, the public comment period.
• Mail: To the attention of Joel Region 2, Superfund Records Center,
Singerman, Chief, Central New York II. NPL Deletion Criteria
290 Broadway, 18th Floor, New York,
Remediation Section, Emergency and The NCP establishes the criteria that
NY 10007–1866. Phone: 212–637–
Remedial Response Division, U.S. EPA uses to delete sites from the NPL.
4308. Hours: Monday to Friday: 9:00
Environmental Protection Agency, In accordance with 40 CFR 300.425(e),
a.m. to 5:00 p.m.
Region 2, 290 Broadway, 20th Floor, sites may be deleted from the NPL
Town of North Hempstead, 200
New York, NY 10007–1866. where no further response is
Plandome Road, Manhasset, NY
• Hand Delivery: Superfund Records appropriate. In making such a
Center, 290 Broadway, 18th Floor, New 11030. Phone: (516) 489–5000. Hours:
Monday–Friday, 8:15 a.m.–4:00 p.m. determination pursuant to 40 CFR
York, NY 10007–1866 (telephone: 212– 300.425(e), EPA will consider, in
Garden City Public Library, 60 Seventh
637–4308). Such deliveries are only consultation with the State, whether any
accepted during the Record Center’s Street, Garden City, NY 11530. Phone:
(516) 742–8405. Hours: Monday– of the following criteria have been met:
normal hours of operation (Monday to i. Responsible parties or other parties
Friday from 9:00 a.m. to 5:00 p.m.). Thursday: 9:30 a.m.–9:00 p.m.; Friday
and Saturday: 9:30 a.m.–5:00 p.m.; have implemented all appropriate
Special arrangements should be made response actions required;
for deliveries of boxed information. Sat: 9:30 a.m.–5:00 p.m. and Sunday:
ii. all appropriate Fund-financed
Instructions: Direct your comments to 1:00 p.m.–5:00 p.m.
responses under CERCLA have been
Docket ID no. EPA–HQ–SFUND–2000– Village of Mineola Hall, 155 Washington
implemented, and no further action by
0006. EPA’s policy is that all comments Avenue, Mineola, NY 11501. Phone:
responsible parties is appropriate; or
received will be included in the Docket (516) 746–0750. Hours: Monday–
iii. the remedial investigation (RI) has
without change and may be made Friday 8:30 a.m.–4:30 p.m.
shown that the release of hazardous
available online at http:// FOR FURTHER INFORMATION CONTACT: Joel substances poses no significant threat to
www.regulations.gov, including any Singerman, Chief, Central New York public health or the environment and,
personal information provided, unless Remediation Section, by mail at therefore, taking of remedial measures is
the comment includes information Emergency and Remedial Response not appropriate.
claimed to be confidential business Division, U.S. Environmental Protection Pursuant to CERCLA Section 121(c)
information (CBI) or other information Agency, Region 2, 290 Broadway, 20th and the NCP, EPA conducts five-year
for which disclosure is restricted by Floor, New York, NY 10007–1866; reviews to ensure the continued
statute. Do not submit information that telephone at 212–637–4258; fax at 212– protectiveness of remedial actions
you consider to be CBI or otherwise 637–3966; or email at singerman.joel@ where hazardous substances, pollutants,
protected through http:// epa.gov. or contaminants remain at a site above
www.regulations.gov or via email. The levels that allow for unlimited use and
SUPPLEMENTARY INFORMATION:
http://www.regulations.gov Web site is unrestricted exposure. EPA conducts
an ‘‘anonymous access’’ system, which Table of Contents such five-year reviews even if a site is
means EPA will not know your identity I. Introduction deleted from the NPL. EPA may initiate
or contact information unless you II. NPL Deletion Criteria further action to ensure continued
provide it in the body of your III. Deletion Procedures protectiveness at a deleted site if new
comments. If you send comments to IV. Basis for Site Deletion information becomes available that
EPA via email, your email address will V. Deletion Action indicates it is appropriate. Whenever
be included as part of the comment that there is a significant release from a site
I. Introduction
is placed in the Docket and made deleted from the NPL, the deleted site
available on the Web site. If you submit EPA Region 2 is publishing this direct may be restored to the NPL without
electronic comments, EPA recommends final NOD of the Site from the NPL. The application of the hazard ranking
that you include your name and other NPL constitutes Appendix B of 40 CFR system.
contact information in the body of your part 300, which is the NCP, which EPA
comments and with any disks or CD– promulgated pursuant to Section 105 of III. Deletion Procedures
ROMs that you submit. If EPA cannot CERCLA, as amended. EPA maintains The following procedures apply to the
read your comments because of the NPL as the list of releases that deletion of the Site:
technical difficulties and cannot contact appear to present a significant risk to (1) EPA consulted with the State of
you for clarification, EPA may not be public health, welfare, or the New York prior to developing this direct
able to consider your comments fully. environment. The releases on the NPL final NOD and the NOID also published
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Electronic files should avoid the use of may be the subject of remedial actions today in the ‘‘Proposed Rules’’ section
special characters and any form of financed by the Hazardous Substance of the Federal Register.
encryption and should be free of any Superfund (Fund). As described in (2) EPA has provided the State with
defects or viruses. Section 300.425(e)(3) of the NCP, a site 30 working days for review of this
Docket: All documents in the Docket deleted from the NPL remains eligible notice and the parallel NOID prior to
are listed in the http:// for Fund-financed remedial action if their publication today, and the State,

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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Rules and Regulations 53313

through NYSDEC, has concurred on the ground surface. VOCs were also trench and sumps located inside the
deletion of the Site from the NPL. detected in groundwater samples building and dry wells located under
(3) Concurrent with the publication of collected from monitoring wells located the parking lot at the Site.
this direct final NOD, a notice of the downgradient of the dry wells. Groundwater from the three
availability of the parallel NOID is being Dumping of wastes into the dry wells hydrogeologic units underlying the
published in a major local newspaper, and spills and leaks from drums storing site—the Upper Glacial Aquifer (upper
the Mineola American. The newspaper various chemicals during the facility’s aquifer), Magothy Confining Bed (a low
notice announces the 30-day public operations are the likely sources of the permeability, clay layer separating the
comment period concerning the NOID contamination that was found at the upper and deep aquifers), and the
of the Site from the NPL. Site. Magothy Aquifer (deep aquifer)—were
(4) EPA placed copies of documents The Site was proposed for listing on also sampled. VOC contamination above
supporting the proposed deletion in the the NPL on October 22, 1999 (40 CFR state and federal standards was detected
Deletion Docket and made these items part 300 [FRL–6462–2]). The Site was both in the Upper Glacial Aquifer and
available for public inspection and listed on the NPL on February 4, 2000 Magothy Aquifer.
copying at the Site information (40 CFR part 300 [FRL–6532–7]). Based upon the results of the RI and
repositories identified above. Following the commencement of RI- a feasibility study, in September 2004,
(5) If adverse comments are received related field work in October 2001, EPA selected a remedy for the Site in a
within the 30-day public comment because of concerns about the proximity Record of Decision (ROD). The ROD
period on this deletion action, EPA will of the Site to the daycare center, NCHD outlined the following remedial action
publish a timely notice of withdrawal of performed air sampling inside the objectives (RAOs):
this direct final NOD before its effective daycare center building. The air samples • Minimize or eliminate contaminant
date and will prepare a response to detected PCE at levels below the New migration from contaminated soils and
comments. If appropriate, EPA may York State Department of Health’s dry wells to the groundwater;
continue with the deletion process (NYSDOH’s) guideline for indoor PCE • minimize or eliminate any
based on the NOID and the comments exposure. Given the sensitivity of the contaminant migration from
already received. population exposed (preschool contaminated soils and groundwater to
The NPL is designed primarily for children), NCHD collected additional indoor air;
informational purposes and to assist samples in December 2001. At that time, • restore groundwater to levels which
EPA’s management of sites. Section indoor testing was also conducted meet state and federal standards within
300.425(e)(3) of the NCP states that the inside the Jackson Steel building and a reasonable time frame;
deletion of a site from the NPL does not the restaurant located adjacent to the • mitigate the migration of the
preclude eligibility for further response Site. The results indicated that PCE affected groundwater; and
actions should future conditions levels in the indoor air of several rooms • reduce or eliminate any direct
warrant such actions. in the daycare center were above contact, ingestion, or inhalation threat
NYSDOH’s guideline for PCE. As a associated with contaminated soils, soil
IV. Basis for Site Deletion result, in January 2002, a subslab vapor, contaminated surfaces in the on-
The following information provides depressurization system (i.e., vapor property building, and groundwater.
the Agency’s rationale for deleting the intrusion mitigation system) was The selected remedy includes the
Site from the NPL. installed by EPA. In addition, a following actions:
ventilation system was installed by the • Decontamination of the Jackson
Site Background and History daycare center’s contractor. Samples Steel building floor;
The 1.5-acre Site (CERCLIS ID collected to assess the effectiveness of • in-situ soil vapor extraction (ISVE)
NYD001344456) contains a one-story, the implemented measures showed that to treat the contaminated subsurface
43,000-square-foot building formerly the PCE levels in the air were soil;
used as a metal-forming facility and an significantly below NYSDOH’s • excavation and off-Site disposal of
approximately 10,000-square foot paved guideline and below EPA’s acceptable the contaminated surface soil and
parking area. It is bordered to the north noncancer risk levels. Because elevated contaminated material in on-Site sumps,
by commercial spaces and single-family PCE levels were also detected in a a trench, and dry wells;
dwellings, to the east by a two-story billiards club that shared common walls • in-situ chemical oxidation (ISCO) to
apartment complex, to the south by a with the Site building and the daycare treat the contaminated groundwater in
daycare center, and to the west by an center, EPA installed a vapor intrusion the Upper Glacial Aquifer;
office building and restaurant. mitigation system under the concrete • extraction and treatment of the
The property was used from the mid- slab of this building, as well. The contaminated groundwater in the deep
1970s until 1991 as a ‘‘roll form metal billiards club was subsequently aquifer if confirmatory groundwater
shapes’’ manufacturing facility. occupied as a retail store, and recently sampling indicates that the Site is a
Degreasers, including the daycare center (the Learn and Play principal source of the groundwater
tetrachloroethylene (PCE), Daycare Center) expanded to occupy contamination to the aquifer underlying
trichloroethylene, and 1,1,1- this space, as well. The vapor intrusion the Site;
trichloroethane, were used at the facility mitigation systems were replaced by the • if it is determined that the Site is a
until 1985. Sludges from degreasing property owner’s contractor in May principal source of the groundwater
equipment were stored in drums and in 2016. contamination to the deep aquifer
an on-property 275-gallon tank. The results of the RI, which was underlying the Site, the selected remedy
The analytical results from samples completed in 2002, indicated that VOCs, would be expanded, as necessary, to
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collected by the Nassau County semi-volatile organic compounds, include off-property groundwater
Department of Health (NCHD) in the pesticides, and metals contamination contamination; and
early 1990s from within, around, and were present in the surface soil, and • long-term groundwater monitoring.
below three on-property dry wells VOC contamination was present at The soil cleanup objectives were
indicated the presence of VOCs at several subsurface soil locations. In established pursuant to New York State
depths down to 40 feet below the addition, contamination was found in a Technical and Administrative Guidance

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Document Created: 2018-02-09 11:33:31
Document Modified: 2018-02-09 11:33:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final deletion will be effective September 26, 2016 unless EPA receives adverse comments by September 12, 2016. If adverse comments are received, 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.
Contact		Joel Singerman, Chief, Central New York Remediation Section, 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 212-637-4258; fax at 212-637-3966; or email at [email protected]
FR Citation		81 FR 53311
CFR Associated		Environmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply