83 FR 23408 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Fulton Terminals Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 98 (May 21, 2018)

The Fulton Terminals site (Site), located in the City of Fulton, Oswego County, New York, originally consisted of an approximately 1.5-acre ``On-Property'' area, bounded on the west by First Street, on the south by Shaw Street, on the east by New York State Route 481, and on the north by a warehouse, and an ``Off- Property'' area, defined by the area between the On-Property area's western property boundary to the Oswego River (approximately 50 feet). The On-Property area was deleted from the National Priorities List (NPL) on April 6, 2015 (80 FR 5957). The Off-Property area remained on the NPL because residual groundwater contamination was still present. Because the groundwater in the Off-Property area has achieved the cleanup levels, the U.S. Environmental Protection Agency (EPA) is issuing this Notice of Intent to Delete (NOID) the Off-Property area from the NPL and requests public comments on this proposed action.

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23408-23409]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9978-04-Region 2]


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent to delete.

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SUMMARY: The Fulton Terminals site (Site), located in the City of 
Fulton, Oswego County, New York, originally consisted of an 
approximately 1.5-acre ``On-Property'' area, bounded on the west by 
First Street, on the south by Shaw Street, on the east by New York 
State Route 481, and on the north by a warehouse, and an ``Off-
Property'' area, defined by the area between the On-Property area's 
western property boundary to the Oswego River (approximately 50 feet). 
The On-Property area was deleted from the National Priorities List 
(NPL) on April 6, 2015 (80 FR 5957). The Off-Property area remained on 
the NPL because residual groundwater contamination was still present. 
Because the groundwater in the Off-Property area has achieved the 
cleanup levels, the U.S. Environmental Protection Agency (EPA) is 
issuing this Notice of Intent to Delete (NOID) the Off-Property area 
from the NPL and requests public comments on this proposed action.

DATES: Comments must be received by June 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, 290 Broadway, 20th Floor, New York, NY 10007-1866, 
212-637-4257, or [email protected].

SUPPLEMENTARY INFORMATION: Because residual groundwater contamination 
(cis-1,2-dichloroethene [DCE] and vinyl chloride [VC]) was still 
present in the Off-Property area, this area remained on the NPL, and 
groundwater monitoring

[[Page 23409]]

and five-year reviews were still required.
    Groundwater samples were collected from the Off-Property area in 
July 2016, June 2017, and September 2017 and they were analyzed for 
cis-1,2-DCE and VC. The reported concentrations of these constituents 
detected in the analyses of these samples were all below the cleanup 
levels, with two of the three being ``non-detect'' (i.e., 
concentrations were below the laboratory detection limits of 0.5 
micrograms per liter). Based on an analysis of all the groundwater 
monitoring wells and associated contaminant-specific data, it was 
concluded that the groundwater remedy has achieved the cleanup levels 
selected for the Site and data analysis indicates that the contaminant 
levels in the groundwater will remain below these standards. Therefore, 
the EPA has determined that the response action is completed and that 
no further monitoring or five-year reviews at the Site are necessary.
    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. The EPA and the State of New 
York, through the New York State Department of Environmental 
Conservation (NYSDEC), have determined that all appropriate response 
actions under CERCLA have been completed at the Site and that it no 
longer poses a threat to public health or the environment. Therefore, 
the EPA and NYSDEC have concluded that this NOID is appropriate. 
However, this deletion does not preclude future actions under Superfund 
should future conditions warrant such action.
    In the ``Rules and Regulations'' Section of today's Federal 
Register, the EPA is publishing a direct final Notice of Deletion (NOD) 
of the Site without prior NOID because the EPA views this as a 
noncontroversial revision and anticipates no adverse comment. The EPA 
has explained its reasons for this deletion in the preamble to the 
direct final NOD. If the EPA receives no adverse comment(s) on this 
deletion action, the EPA will proceed with the deletion without further 
action on this NOID. If the EPA receives adverse comment(s), the EPA 
will withdraw the direct final NOD, and it will not take effect. The 
EPA will, as appropriate, address all public comments in a subsequent 
final NOD based on this NOID. The EPA will not institute a second 
comment period on this NOID. Any parties interested in commenting must 
do so at this time.
    For additional information, see the direct final NOD, which is in 
the ``Rules'' section of this Federal Register.

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(d); 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 19, 2018.
 Peter D. Lopez,
 Regional Administrator, EPA Region 2.
[FR Doc. 2018-10800 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P