[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Proposed Rules]
[Page 51758-51762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0011; FRL-8465-3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of a portion of the
Seneca Army Depot Activity Superfund Site from the National Priorities
List.
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SUMMARY: The United States Environmental Protection Agency (EPA)
announces its intent to delete from the National Priorities List (NPL)
all media (surface soils, subsurface soils, structures, surface water,
and ground water) within the following two specific parcels of real
property located at the Seneca Army Depot Activity (SEDA) Superfund
Site (Site), Romulus, New York: Real Estate Parcel 1, except for a
portion of this parcel known as SEAD-24; and the entirety of Real
Estate Parcel 2. EPA requests public comment on this action. The NPL
constitutes Appendix B to the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended. EPA and
the State of New York, through its Department of Environmental
Conservation (the State), have determined that all appropriate CERCLA
response actions related to Parcel 1 (except the SEAD-24 portion) and
Parcel 2 have been implemented. This partial deletion pertains only to
Parcel 1 (except the SEAD-24 portion) and Parcel 2, and does not
include any other portions of the Site. The portion of Parcel 1 known
as SEAD-24 is not proposed for deletion at this time. Figure one (in
the deletion docket) shows a map of Real Estate Parcels 1 and 2, and
delineates between those areas being proposed for deletion and those
areas that will remain on the NPL.
The purpose of the proposed deletion of Parcel 1 (except the SEAD-
24 portion) and Parcel 2 is to remove uncontaminated and potentially
useful property from the NPL, thereby making
[[Page 51759]]
the land more desirable for re-development.
EPA has compiled the documents, such as soil sample results and
locations, maps, pollution reports, and other relevant deletion
documentation which were used by EPA in its determination to propose
deletion of these Parcels. These documents are located in the deletion
docket at the locations indicated below.
DATES: EPA will accept comments concerning its proposal for partial
deletion until October 11, 2007 and a local newspaper of record.
ADDRESSES: Submit your comments, identified by Docket No. EPA-HQ-SFUND-
1990-0011, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: vazquez.julio@epa.gov.
Fax: (212) 637-3256.
Mail: USEPA--Region 2, Emergency and Remedial Response
Division, 290 Broadway--New York, NY 10007.
Hand delivery: USEPA--Region 2, Emergency and Remedial
Response Division, Federal Facilities Section, 290 Broadway, 18th
Floor, New York, NY 10007. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket No. EPA-HQ-SFUND-1990-
0011. EPA's policy is to include in the public docket all comments
received, without change, and to make them 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 through http://www.regulations.gov
or e-mail that you consider to be CBI or otherwise
protected. 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 e-mail comment directly to EPA without going through http://www.regulations.gov
, your e-mail address will be automatically captured
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 comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment because of technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and they 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
the disclosure of which 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:
Regional Repository, U.S. EPA Region 2 Records Center, 290 Broadway--
18th Floor, New York, NY 10007-1866, Hours: 9 a.m. to 5 p.m.--Monday
through Friday. (212) 637-4308.
Local Site Repository, Seneca Army Depot Activity, 5786 State Route 96,
Building 123, Romulus, NY 14541, Hours: 9 a.m. to 3:30 p.m.--Monday
through Thursday, (607) 869-1494.
FOR FURTHER INFORMATION CONTACT: Mr. Julio F. Vazquez, Remedial Project
Manager, U.S. EPA Region 2, 290 Broadway, 18th Floor, New York, NY
10007-1866, (212) 637-4323.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA announces its intention to delete from the NPL all media
(surface soils, subsurface soils, structures, surface water, and ground
water) related to a portion of Real Estate Parcel 1 and all of Real
Estate Parcel 2 at the Seneca Army Depot Activity Superfund Site,
located in Romulus, New York, and requests public comments on this
action. The [Comment 1] NPL constitutes Appendix B of the NCP, 40 CFR
Part 300, which EPA promulgated pursuant to Section 105 of CERCLA. This
partial deletion is proposed in accordance with 40 CFR 300.425(e) and
the Notice of Policy Change: Partial Deletion of Sites listed on the
National Priorities List, 60 FR 55466 (Nov. 1, 1995). EPA and the State
have determined that all appropriate CERCLA response actions related to
a portion of Real Estate Parcel 1 and all of Real Estate Parcel 2 have
been implemented. This partial deletion pertains only to the designated
areas in Parcels 1 and 2 and does not include other portions of the
Site. In addition, there is one area located within Parcel 1, known as
SEAD-24, which is not proposed for deletion at this time. Boundaries of
the Parcels proposed for deletion, as well as the boundaries of SEAD-
24, can be reviewed at the Site's information repositories.
The following Parcels, either wholly or in part, are proposed for
deletion:
------------------------------------------------------------------------
Acres
Parcels deleted
------------------------------------------------------------------------
Parcel 1--Empire Biofuels Redevelopment....................... 368.6
Parcel 2--Seneca County Public Safety Building and Jail....... 25.2
------------------------------------------------------------------------
Parcel 1, also known as the Empire Biofuels Redevelopment area, is
located midway on the western edge of SEDA. Most of this Parcel did not
require remedial investigations under CERCLA. The two areas within
Parcel 1 that were investigated under CERCLA are known as SEAD-58 and
SEAD-24 [Comment 2]. SEAD-58 includes two debris disposal areas that
have been found to require no active remediation under CERCLA. SEAD-24
is a two-acre area that is not included in this proposed deletion and
will remain on the NPL. SEAD-24 underwent a soil removal action in 2004
and is awaiting a determination by EPA that all appropriate response
actions have been implemented.
Parcel 2, also known as the Seneca County Public Safety Building
and Jail area, is located along the eastern perimeter of the SEAD Site
in the southeast quadrant. The parcel encompasses two sub-parcel areas
designated as SEAD-50 and SEAD-54, both of which have been remediated.
Subsequent sampling of these two areas confirmed that all appropriate
CERCLA response actions were performed. However, SEAD-50 and -54 are
subject to Institutional Controls (ICs) because they are part of the
encompassing Planned Industrial Development (PID) area [Comment 3].
SEDA, which encompasses approximately 10,634 acres, includes
property owned by the U. S. Department of Army, the Seneca County
Industrial Development Agency (SCIDA), the local redevelopment
authority, New York State Department of Corrections, U.S. Department of
Homeland Security, Seneca County, and private entities. As part of the
Base Realignment and Closure Act (BRAC), the Federal government has
entered into agreements with SCIDA to transfer selected
[[Page 51760]]
properties for public and private reuse. Parcels 1 and 2 are currently
owned by SCIDA.
Seneca County, Empire Biofuels, Inc., and Flaum Management Company,
Inc. requested this partial deletion to facilitate reuse of these
Parcels. Summary reports submitted to EPA and the State have shown that
all appropriate response actions with regard to the soil, soil vapor,
structures, surface water, and ground water media for Parcels 1 and 2
(with the exception of SEAD-24 area in Parcel 1) have been performed or
that the conditions pose no significant threat to public health or the
environment and therefore remedial measures are not appropriate. This
notice is only for the Parcels specified herein and does not include
any other real properties within the Site. Ongoing remedial
investigations, remedial designs, and other soil, structures, surface
water, and ground water cleanup activities will continue at the
portions of the Site not included in this notice of intent to delete.
All of those other portions of the Site remain on the NPL, including
SEAD-24 within Parcel 1.
The NPL is a list maintained by EPA of sites that EPA has
determined present a significant risk to human health or welfare, or to
the environment. Pursuant to 40 CFR 300.425(e) of the NCP, any site or
portion of a site deleted from the NPL remains eligible for Superfund-
financed remedial actions if conditions at a site warrant such action.
EPA will accept public comments concerning this notice of intention
to partially delete portions of the Site for a period of thirty (30)
days after publication of this notice in the Federal Register and a
local newspaper of record.
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 all appropriate response actions have been performed
or no significant threat to public health and the environment exists.
In making this determination, EPA, in consultation with the State, will
consider whether any of the following criteria have been met:
Section 300.425(e)(1)(i). Responsible parties or other
persons have implemented all appropriate response actions required; or
Section 300.425(e)(1)(ii). All appropriate Fund-financed
responses under CERCLA have been implemented and no further cleanup by
responsible parties is appropriate; or
Section 300.425(e)(1)(iii). The remedial investigation 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.
Parcel 1, with the exception of SEAD-24, is proposed for deletion
from the NPL because remedial investigations have shown that no
significant threat to public health or the environment exists and
therefore no remedial measures are appropriate.
Parcel 2 is proposed for deletion from the NPL as all appropriate
CERCLA response actions have been implemented at this area, and area-
related studies or remedial investigations have shown that no further
cleanup is appropriate or necessary to protect public health or the
environment.
This partial deletion does not affect or impede any CERCLA response
activities at areas of the Site that are not deleted and that remain on
the NPL. Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any person's rights or obligations. The NPL is
designed primarily for informational purposes and to assist EPA
management.
III. Deletion Procedures
The following procedures were used for the intended deletion of
Parcels 1 (excluding the SEAD-24 portion) and 2 from the Site:
(1) The Site was listed on the NPL on August 30, 1990.
(2) Historic records, field investigations, and other information
at the Site were used to establish Areas of Concern which were later
designated as Solid Waste Management Units (SWMUs), which are referred
to at the Site as ``SEAD-.'' Over 100 SWMUs have been
identified at the Site.
(3) It has been determined that many areas of the Site did not
experience any release of hazardous substances, did not require further
investigations, and did not require designation as a SWMU. Some of the
areas within Parcels 1 and 2 have not been identified as areas of
concern and do not have a SEAD number designation.
(4) Parcels 1 and 2 include four SWMUs: SEAD-24, -50, -54, and -58.
SEAD-24, which lies within Parcel 1, is not proposed for deletion at
this time. EPA has determined, however, that all appropriate response
actions at SEAD-50, -54, and -58 have been implemented. These
determinations were documented in Records of Decisions (RODs [Comment
4]).
(5) To facilitate transfer of property to the public and
development of certain Parcels of the former SEDA facility, Empire
Biofuels, Seneca County, and Flaum Management Company submitted a Draft
Notice of Intent to Partial Deletion (NOIPD) package for Parcels 1 and
2, excluding the SEAD-24 portion of Parcel 1.
(6) Seneca County Industrial Development Agency has requested the
deletion of the identified portions of Parcels 1 and 2.
(7) EPA recommends this partial deletion and has prepared the
relevant documents.
(8) The State concurred with the deletion of these Parcels in a
letter dated April 10, 2007.
(9) Concurrent with this Notice of Intent for Partial Deletion, a
notice has been published in a local newspaper of record and has been
distributed to appropriate Federal, State, and local officials and to
other interested parties. These notices announce a thirty (30) day
public comment period on the partial deletion package, which commences
on the date of publication of this notice in the Federal Register and a
local newspaper of record, whichever period is later.
(10) EPA has made all relevant documents available at the
information repositories listed above.
Upon completion of the thirty (30) day public comment period, EPA
will evaluate any comments received before the issuing a final decision
on the partial deletion. If appropriate, EPA will prepare a
Responsiveness Summary to address comments received during the public
comment period responding to concerns presented in the comments. The
Responsiveness Summary will be made available to the public at the
information repositories listed above. If, after review of all public
comments, EPA determines that this partial deletion from the NPL is
appropriate, EPA will publish a final notice of deletion in the Federal
Register. Deletion of the Parcels does not actually occur until the
final Notice of Partial Deletion is published in the Federal Register.
IV. Basis for Intended Partial Site Deletion
Background
SEDA encompasses approximately 10,634 acres, including all real
property within the ``fence-line'' that surrounds SEDA. The military
mission of the Site has varied over the years. In 1942, it was
activated as the Seneca Ordnance Depot. The mission of the Depot
included the storage, maintenance, and shipment of
[[Page 51761]]
material for the U.S. Army, the demilitarization of conventional
ammunition, and the training of Reserve and National Guard units. The
Depot was designated for closure in 1995 under the Base Realignment and
Closure Act, resulting in deactivation of all military activities. The
Depot's military mission officially ended in 2000.
The Site was investigated by means of Areas of Concern which were
later designated as SWMUs, which are referred to at the Site as SEAD-
s. The SEADs were identified based upon historic information
and field investigations. Over 100 SWMUs have been identified at the
Site. One or more SWMUs are located within each of the Parcels proposed
for deletion. To be deleted from the NPL, EPA must determine that no
response action or no further response action is appropriate.
Over the years, various hazardous substances were used at the Site,
and hazardous wastes were generated, stored, or disposed there.
Numerous studies and investigations have been performed to locate,
assess, and quantify the past storage, disposal, and spill areas of
hazardous substance at the Site. These investigations include: records
searches; interviews with base personnel; field inspections;
compilation of waste inventory; evaluation of disposal practices;
assessments to determine the nature and extent of site contamination;
soil and groundwater analysis; a base-wide health assessment; base-
specific hydrology investigations; and various Site-specific
investigations. Based upon such studies and information, the Site was
included on the NPL on August 30, 1990. On January 21, 1993, the U.S.
Army entered into a Site-specific Federal Facility Agreement with EPA
and NYSDEC under Section 120 of CERCLA. By the terms of that Agreement,
the Army was required to submit various reports concerning the Site to
the State and EPA for review and comment. These reports addressed
remedial activities required under CERCLA and included: The
identification of SWMUs; scoping workplans, site inspections (SI) and
remedial investigation (RI); sampling and analysis plans, quality
assurance plans; baseline and mini-risk assessments; a community
relations plan; and proposed plans and records of decisions.
Environmental studies pertinent to this NOIPD relied on the
following documents which were completed to facilitate the
characterization and evaluation process required for deletion of
selected parcels. These investigations/reports included:
SWMU Classification Report, Final, September 1994;
Expanded Site Inspection Eight Moderately Low Priority
Areas of Concern--SEADs 5, 9, 12 (A/B), (43, 56, 69), 44 (A/B), 50, 58
and 59, Draft--Final, December 1995;
Environmental Baseline Survey Report Final, March 1997;
Action Memorandum and Decision Document for Time-Critical
Removal Actions Four Metals Sites (SEADs 24, 50/54 & 67), Final, August
2002;
Finding of Suitability to Transfer (FOST) for the PID and
Warehouse Area, July 2003;
FOST for the Conservation/Recreation Area, July 2003;
Deed for SEAD-50/54, April 2004;
Final ROD for the PID and Warehouse Area at Seneca Army
Depot Activity, September 2004;
Amendment 1 to the FOST for the PID and Warehouse Area,
December 2003;
Final Completion Removal Report, Time Critical Removal
Action Metal Sites, SEAD-50/54, December 2003;
Final ROD for no Further Action SWMUs (SEAD-50/54) at
Seneca Army Depot Activity, September 2005;
Final ROD for No Action SWMU (SEAD-58) and No Further
Action SWMU (SEAD-63) at Seneca Army Depot Activity, September 2006;
Request package for Partial Deletion from SCIDA, November
2006;
State concurrence letter, April 2007. [Comment 5]
Based on the findings of the environmental studies documented in
the reports above, the parcels proposed for deletion meet the deletion
criteria. The history and current status of each SWMU within the
Parcels proposed for deletion are summarized below.
Parcel 1--Empire Biofuels Redevelopment [Comment 6 ]
This Parcel is comprised of approximately 368.6 acres and contains
a portion (SEAD-58) that has been addressed under CERCLA [Comment 7]. A
second area (SEAD-24), situated wholly within the boundaries of Parcel
1, is not proposed for deletion at this time. SEAD-24 has undergone a
soil removal action and is awaiting a final determination as to whether
all appropriate response action has been implemented. A summary of
SEAD-58 is provided as follows:
SEAD-58 Debris Area Near Booster Station
Characterized as a debris area, SEAD-58 is located in the western-
central portion of SEDA and is the northern-most SWMU in the Empire
Biofuels Redevelopment parcel. SEAD-58 encompasses two distinct debris
disposal areas that vary in size from 200-300 feet in diameter. These
areas were used for the disposal of miscellaneous waste purported to
include the pesticide DDT.
In 1994, an RI and supplemental Expanded Site Inspection (ESI) were
initiated to characterize the full extent of environmental impacts
specific to SEAD-58 and determine potential threats to human health and
the environment. The investigations entailed the completion of a
geophysical survey, a drilling program, test pit excavations, and an
environmental sampling program designed to collect surface soil,
surface water, sediment, subsurface soil, and groundwater media. Based
upon the area specific analytical results evaluated for the May 2002
Mini-Risk Assessment, the Army proposed ``No Action'' as a remedy.
Subsequent to review by EPA and the State, the Final May 2002
Decision Document was modified to incorporate technical comments
deleting the need for land use restrictions for the two debris disposal
areas. In September 2006, EPA, with the concurrence of the State,
approved the May 2002 document in which it was determined that SEAD-58,
with no land use restrictions, posed no significant risk to the human
health or the environment. Approval of the ``No Action'' decision forms
the basis to delete SEAD-58 from the NPL, and it affects all media
(surface soils, subsurface soils, structures, surface water, and ground
water).
SEAD-24 Abandoned Powder Burning Pit (Not To Be Delisted)
SEAD-24, the Abandoned Powder Burning Pit, is located in the west-
central portion of SEDA. The burning pit comprises an area measuring
approximately 325 feet by 150 feet that is surrounded on the east,
south, and west by a berm approximately 4 feet high. The area is
bounded to the north by West Kendaia Road and by open grassland and
brush.
The Abandoned Powder Burning Pit was active during the 1940s and
1950s. Although operating practices at this area are undocumented, it
is presumed that black powder, M10 and M16 solid propellants, and
explosive trash were disposed here through controlled burning. It was
further presumed that petroleum hydrocarbon fuel was used to ignite the
burn.
An ESI was performed at SEAD-24 between 1993 and 1994. The ESI
combined geophysical surveys and intrusive methods to characterize the
nature and extent of the contaminants present there. During intrusive
[[Page 51762]]
operations, environmental samples of soil and groundwater were
collected.
Of the fifty-seven different analytes for soil, three semi-volatile
organic compounds and fourteen metals were present at concentrations
that exceeded cleanup objectives. The highest concentrations were
primarily limited to surface soil samples.
The ground water sampling results suggested no impact to the ground
water near the Abandoned Powder Burning Pit.
A time-critical removal action was conducted between 2002 and 2006
to reduce metal and carcinogenic PAHs contamination in soils.
Regulatory review of this action is in progress.
Parcel 2--Seneca County Jail [Comment 8]
This 25.2 acre parcel is located in the southeast quadrant of SEDA,
along its eastern perimeter. The parcel encompasses two SMWUs
designated SEAD-50 and SEAD-54, of which 22 acres have been remediated
under CERCLA. Investigations were completed to identify potential
environmental impacts at each SWMU and were supplemented with risk
evaluations that ultimately determined no further action was required
for these SWMUs. Based on investigations and remedial activities
performed with EPA and State approval and oversight, the SWMUs
described below are proposed for deletion from the NPL.
SEAD-50 and SEAD-54 Tank Farm Area
Characterized as a former tank farm area, approximately 160 above-
ground storage tanks were once located within the triangular shaped
land tract known as SEAD-50/54. The preliminary investigation of the
area, which was performed in 1993, was reported in the SWMU
Classification Report, and as a result it was identified as a SWMU. The
area which was subsequently identified as SEAD-50 was used for dry
material storage that included stockpiles of strategic ores such as
antimony, rutile, and silicon carbide. One storage tank (Tank
88) contained asbestos ore material and was assigned a
separate SEAD designation (SEAD-54). All tanks were removed prior to
implementing a phased program of investigation, evaluation, and
remediation.
In 1994, an RI and supplemental ESI were performed to characterize
the full extent of environmental impacts specific to the SEAD-50/54
area and determine potential threats to human health and the
environment. The investigations entailed the completion of a
geophysical survey, a drilling program, test pit excavations, and an
environmental sampling program designed to collect surface soil,
subsurface soil, surface water, sediment, and groundwater media.
Analytical results identified elevated concentrations of selected
metals (arsenic, lead, manganese, potassium, and zinc) in tank farm
soil materials that were determined to represent a potential
environmental threat. A time-critical removal action was performed from
late 2002 to early 2003 to excavate, remove, and dispose of impacted
soil material from SEAD-50/54. The ``Final Completion Report'' for
SEAD-50/54, which documented findings of the removal action and
confirmatory sampling results, presented data supporting a
determination that SEAD-50/54 no longer poses a threat to human health
and the environment.
EPA, with the concurrence of the State, approved a remedy in
September 2005 which required ``No Further Action'' for SEADs-50/54.
The remedy required that the PID and Warehouse Areas, including SEADs-
50/54, be subject to controls restricting future residential
development and groundwater use. Accordingly, the recorded deed for
this Parcel contains the land use restrictions on land and groundwater
use. [Comment 9] These land use controls are considered CERCLA actions
and are included among the documents which are the basis for this
action.
Major Community Involvement Activities
The Army published its Community Relations Plan in October 1992 and
created a Restoration Advisory Board to facilitate participation of and
input from the public throughout the CERCLA cleanup process. Each
decision document at the Site has been made available for public
comment, discussed at public meetings, and placed in the information
repository before the decision document was finalized.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals, Hazardous substances,
Intergovernmental relations, Reporting and recordkeeping requirements,
Superfund.
Dated: August 17, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7-17750 Filed 9-10-07; 8:45 am]
BILLING CODE 6560-50-P