[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23374-23378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9978-05-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: Direct final rule.

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SUMMARY: The Fulton Terminals Superfund site (Site), located in the 
City of Fulton, Oswego County, New York, originally consisted of an 
``On-Property'' area and an ``Off-Property'' area. The On-Property area 
was deleted from the National Priorities List (NPL) in 2015. 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 Deletion (NOD) of the 
Off-Property area from the NPL and requests public comments on this 
action.

DATES: This direct final deletion will be effective July 20, 2018 
unless the EPA receives adverse comments by June 20, 2018. If adverse 
comments are received, the EPA will publish a timely withdrawal of this 
direct final NOD in the Federal Register, informing the public that the 
deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     Website: http://www.regulations.gov. Follow the 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.
     Email: [email protected].
     Mail: To the attention of Christos Tsiamis, Remedial 
Project Manager, Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor, 
New York, NY 10007-1866.
     Hand Delivery: Superfund Records Center, 290 Broadway, 
18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308). Such 
deliveries are only accepted during the Record Center's normal hours of 
operation (Monday to Friday from 9:00 a.m. to 5:00 p.m.). Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002.
    The EPA's policy is that all comments received will be included in 
the Docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be CBI or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
http://www.regulations.gov or via email. The http://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comments. If you send comments to the EPA via email, your 
email address will be included as part of the comment that is placed in 
the Docket and made available on the website. If you submit electronic 
comments, the EPA recommends that you include your name and other 
contact information in the body of your comments and with any disks or 
CD-ROMs that you submit. If the EPA cannot read your comments because 
of technical difficulties and cannot contact you for clarification, the 
EPA 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.
    All documents in the Docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly-available Docket materials can be obtained either 
electronically at http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region 2, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m., and
Fulton Public Library, 160 South First Street, Fulton, NY 13069, Phone: 
315-592-5159, Hours: Tue-Thu: 9:00 a.m.-7:00 p.m., Fri: 9:00 a.m.-5:00 
p.m., Sat: 10:00 a.m.-3:00 p.m.

FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project 
Manager, 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:

Table of Contents

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

I. Introduction

    The Site, located in the City of Fulton, Oswego County, New York, 
originally consisted of an ``On-Property'' area, an approximately 1.5-
acre parcel of land bounded on the west by First Street, on the south 
by Shaw Street, on the east by New York State Route 481 and on the 
north by a warehouse, and an ``Off-Property'' 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 NPL on April 6, 2015 (80 
FR 5957). Because residual groundwater contamination (cis-1,2-
dichloroethene [DCE] and vinyl chloride [VC]) was still present at the 
Off-Property area, the Off-Property area remained on the NPL, and

[[Page 23375]]

groundwater monitoring and five-year reviews were still required for 
this area.
    Groundwater samples were collected from the Off-Property area in 
July 2016, June 2017, and September 2017, and they were analyzed for 
cis-1,2-DCE and VC. The reported concentrations of these constituents 
detected in the analyses of these samples were all below the cleanup 
levels, with two of the three being ``non-detect'' (meaning 
concentrations were below the laboratory detection limits of 0.5 
micrograms per liter [[micro]g/L]). Based on an analysis of all the 
groundwater monitoring wells and associated contaminant-specific data, 
it was concluded that the groundwater remedy has achieved the cleanup 
levels selected for the Site, and data analysis indicates that the 
contaminant levels in the groundwater will remain below these 
standards. Therefore, the EPA has determined that the response action 
is completed and that no further groundwater monitoring or five-year 
reviews at the Site are necessary.
    EPA Region 2 is publishing this direct final NOD of the Site from 
the NPL. The NPL constitutes appendix B of 40 CFR part 300, which is 
part of the NCP, which the EPA promulgated pursuant to section 105 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) of 1980, as amended. The 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 Sec.  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.
    The EPA and the State of New York, through the New York State 
Department of Environmental Conservation (NYSDEC), have determined that 
all appropriate response actions under CERCLA have been completed at 
the Site and that it no longer poses a threat to public health or the 
environment. Therefore, the EPA and NYSDEC have concluded that this NOD 
may proceed. However, this deletion does not preclude future actions 
under Superfund should future conditions warrant such action.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses the Off-Property area and 
demonstrates how it meets the deletion criteria. Section V discusses 
the EPA's action to delete the Off-Property area from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the EPA uses to delete sites 
from the NPL. In accordance with 40 CFR 300.425(e), sites may be 
deleted from the NPL where no response or no further response is 
appropriate. In making such a determination pursuant to 40 CFR 
300.425(e), The EPA will consider, in consultation with the State, 
whether any of the following criteria have been met:
    i. Responsible parties or other parties have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate; or
    iii. The remedial investigation (RI) has shown that the release of 
hazardous substances poses no significant threat to public health or 
the environment and, therefore, taking of remedial measures is not 
appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, the EPA conducts 
five-year reviews to ensure the continued protectiveness of remedial 
actions where hazardous substances, pollutants, or contaminants remain 
at a site above levels that allow for unlimited use and unrestricted 
exposure. The EPA conducts such five-year reviews even if a site is 
deleted from the NPL. The 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 Off-Property 
area.
    i. The EPA consulted with the State of New York prior to developing 
this direct final NOD and the Notice of Intent to Delete (NOID) also 
published today in the ``Proposed Rules'' section of the Federal 
Register.
    ii. The 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, through the NYSDEC, has concurred on the deletion of the 
Off-Property area from the NPL.
    iii. 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 Palladium-Times. The newspaper notice 
announces the 30-day public comment period concerning the NOID 
regarding the Off-Property area from the NPL.
    iv. The 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.
    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 the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the 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 Off-Property area from the NPL.

Site Background and History

    The Site (NYD980593099), located in the City of Fulton, Oswego 
County, New York, originally consisted of a 1.5-acre ``On-Property'' 
area, which is 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 Site is in an industrial section of 
the City of Fulton. The Oswego River is used for recreation. 
Residences, city and county offices, and several businesses are located 
within a 1,500-foot radius of the Site.
    From 1936 to 1960, the primary activity on the On-Property area was 
the manufacturing of roofing materials, which involved the storage of 
asphalt in above-ground tanks and fuel oil storage in underground 
tanks. From 1972 to 1977, the property was used by Fulton Terminals, 
Inc. as a staging and storage area for solvents and other materials 
that were scheduled for incineration at the Pollution Abatement 
Services facility located elsewhere in Oswego, New York. Operations at 
the Fulton Terminals facility resulted in the contamination of the 
groundwater, soil, and sediments with volatile organic compounds 
(VOCs).

[[Page 23376]]

    From 1981 to 1983, Fulton Terminals, Inc. removed several tanks as 
part of a voluntary cleanup program. These activities ceased in 1983 
after the facility operator was fined by the NYSDEC for the improper 
disposal of polychlorinated biphenyls. The Site was listed on the NPL 
in 1983.
    The EPA and certain potentially responsible parties (PRPs) 
conducted removal activities at the Site in 1986, consisting of 
constructing a seven-foot perimeter fence around the Site, posting 
warning signs, removing two above-ground tanks and two underground 
tanks, removing approximately 300 cubic yards (CY) of visibly-
contaminated soil and tar-like wastes, and excavating storm drains that 
were acting as a conduit for contaminated runoff to enter the Oswego 
River during storm events. An additional removal action was performed 
in 1990, which involved the construction of earthen barriers for the 
prevention of surface runoff from the Site.

Remedial Investigation and Feasibility Study Results

    From 1985 to 1987, NYSDEC's contractor, URS Company, Inc., 
performed a remedial investigation/feasibility study (RI/FS) at the 
Site. The RI/FS report that was generated from these efforts was 
declared invalid by NYSDEC because of problems associated with the 
laboratory analyses. A revised RI/FS report, based on additional 
sampling, was prepared by NYSDEC's contractor in 1988. The EPA 
concluded, however, that the revised RI/FS report did not fully 
characterize the Site. Accordingly, the EPA performed a supplemental 
RI/FS. The conclusions set forth in the supplemental RI/FS, completed 
in 1989 by the EPA's contractor, Ebasco Services, Inc., indicated that 
various VOCs were present in the unsaturated soil (above the water 
table) and in the groundwater at the Site. An Endangerment Assessment 
for the Site, which was also completed in 1989, contained conclusions 
that minimal human health risks were associated with the existing Site 
conditions. However, the supplemental RI/FS process revealed that the 
leaching of VOCs from the contaminated on-site soil into the 
groundwater posed a risk to the environment.

Record of Decision Findings

    On September 29, 1989, a Record of Decision (ROD) was signed, in 
which the EPA documented the selection of excavation and low 
temperature thermal desorption (LTTD) as the treatment method of 
approximately 4,000 CY of contaminated soils located above the water 
table, and pumping, air stripping, carbon adsorption, and reinjection 
as the treatment method for the contaminated groundwater. The remedy 
also included the implementation of institutional controls to prevent 
the utilization of the groundwater at the Site. The objective of the 
soil remedy was to reduce the concentrations of VOCs in the soils to 
levels that would no longer cause the groundwater quality to exceed 
groundwater standards because of percolation of precipitation through 
the unsaturated soils.

Remedy Implementation

    A consent decree was signed by the PRPs in 1990, in which they 
agreed to design and implement the remedy called for in the ROD. The 
consent decree became effective in 1991.

Soil Remediation

    The remedial design (RD) of the soil excavation and treatment was 
initiated by Blasland, Bouck & Lee, Inc. (BBL), the contractor for the 
PRPs, in 1991.
    Pre-RD sampling revealed the presence of a significant amount of 
contamination in the deep soil (from the water table down to bedrock). 
Because the contaminated soil below the water table would continue to 
leach contaminants to the groundwater, the EPA concluded that 
remediating this soil would be beneficial to the long-term groundwater 
cleanup.
    Remedial alternatives to address the contaminated soils below the 
water table were evaluated in a focused feasibility study (FFS) 
completed by BBL in 1994. The EPA determined that specialized methods 
for stabilizing the deep excavation area would be required for the 
removal of the contaminated soils because of the excavation depth, the 
need for control of groundwater infiltration into the excavation area, 
and the proximity of the Site to the Oswego River.
    Based on the results of the pre-RD sampling effort and the findings 
of the FFS, the EPA modified the soil remedy in a 1994 Explanation of 
Significant Differences (ESD). The ESD called for the excavation of the 
VOC-contaminated soils in the saturated zone (below the water table), 
followed by the treatment of the excavated soils by LTTD.
    Following the completion of the plans and specifications related to 
the soil remedy in 1995, BBL initiated construction of the soil remedy. 
Because of the proximity of the Site to the Oswego River, a ``freeze 
wall'' was used, which is a construction process whereby the ground is 
frozen at depth to allow the dry excavation of contaminated soils below 
the water table. The excavation, treatment, and backfilling were 
completed in 1996. The total amount of contaminated source material 
that was remediated was 10,200 CY. Post-excavation soil sampling 
results indicated that residual levels of VOCs in soils were well below 
the target cleanup levels. A Remedial Action Report documenting the 
completion of the soil remedy was approved by the EPA on September 30, 
1996.

Groundwater Remediation

    The groundwater remedy called for in the ROD required the reduction 
of VOC concentrations to federal Maximum Contaminant Levels (MCLs) and 
New York State's groundwater quality standards by pumping the 
groundwater from the saturated sand and gravel zone underlying the 
Site, treating the groundwater by air stripping and carbon adsorption, 
and reinjecting the water into the saturated sand and gravel zone.
    The design of the groundwater remediation was performed from 1991 
to 1994. Initiation of the groundwater remedial action was, however, 
postponed until all the soil activities at the Site were completed. At 
that time, a horizontal extraction well system consisting of a gallery 
of perforated piping and a collection manhole was installed at the base 
of the excavation. Given the overall effectiveness of the soil remedy, 
it was determined that groundwater standards could be achieved within a 
relatively short time frame if the groundwater extraction could be 
commenced immediately. Utilizing a mobile treatment system, an 
expedited pumping of the contaminated groundwater commenced on February 
11, 1997. The operation of the groundwater extraction and treatment 
system (including groundwater reinjection/surface water discharge), as 
well as weekly influent/effluent monitoring conducted during its 
operation, was performed by Clean Harbors on behalf of the PRPs. The 
system was shut down on May 30, 1997, when sampling data of the 
influent indicated that the objectives of the expedited pumping program 
had been achieved. During the 12-week operation period, approximately 
8.8 million gallons of contaminated groundwater were extracted and 
treated. Subsequent groundwater sampling showed that MCLs had been 
achieved in the source area, and groundwater modeling indicated that 
the Off-Property VOCs would naturally attenuate in a ``reasonable'' 
time frame (i.e., within 20 to 30 years). Residual subsurface ice from 
the freeze wall precluded an

[[Page 23377]]

accurate evaluation of the groundwater remedy performance (the two 
downgradient monitoring wells were frozen). Following the forced thaw 
of the freeze wall via steam injection by the PRPs in 1998, the 
temperature of the groundwater and the concentrations of contaminants 
were monitored. Groundwater samples collected in 1999 indicated that 
the freeze wall was no longer intact (i.e., the two monitoring wells 
were free of ice) and that the contamination levels in these wells were 
decreasing. Completion of the groundwater operation and transition to 
long-term groundwater monitoring was documented in the September 30, 
1999 Remedial Action Report.

Institutional Controls

    The remedy included the implementation of institutional controls to 
prevent the utilization of the groundwater at the Site. A deed 
restriction prohibiting the installation of wells at the Site was filed 
with the Oswego County Clerk's office on July 31, 2009. Groundwater has 
been remediated to attain drinking water standards. Therefore, this 
institutional control is no longer a necessary component of the CERCLA 
response action.

Deletion of On-Property Area of Site

    On April 6, 2015, the On-Property area was deleted from the NPL. 
This deletion addressed all media for this area, namely surface soils, 
subsurface soils, and groundwater. Because residual groundwater 
contamination remained in the Off-Property area, groundwater monitoring 
and five-year reviews were still required for the Off-Property area. 
Information supporting the partial deletion of the On-Property area can 
be found in the Federal Register (80 FR 5957).

Five-Year Review

    Five-year reviews of the Site were performed in September 2004, 
June 2009, and May 2014. In the last five-year review, the EPA 
concluded that the implemented remedy is protective of human health and 
the environment.
    Based on the determination that the remedy's cleanup levels for 
groundwater have been achieved, no further five-year reviews are 
warranted because the Site has achieved unlimited use/unrestricted 
exposure. This determination is documented in a December 21, 2017 
memorandum from John Prince, Acting Director, Emergency and Remedial 
Response Division, EPA Region 2, to James Woolford, Director, Office of 
Superfund Remediation and Technology Innovation, entitled Fulton 
Terminals Superfund Site (EPA ID# NYD980593099)--Cessation of Five-Year 
Reviews.

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 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

    For groundwater restoration remedies, the EPA recommends in OSWER 
9355.0-129, Guidance for Evaluating Completion of Groundwater 
Restoration Remedial Actions, that contaminant of concern (COC) 
concentrations be evaluated on a monitoring well-by-monitoring well 
basis to assess whether aquifer restoration is complete (i.e., that the 
groundwater has met and will continue to meet cleanup levels for all 
COCs in the future). The guidance document includes a recommendation 
that sufficient data be collected and evaluated using appropriate 
visual or statistical methods to assist in this determination.
    After completion of the groundwater portion of the remedy in 1999, 
a sampling and analysis plan to assess the effectiveness of the 
groundwater remedy was completed. The groundwater monitoring well 
network included three source-area (i.e., On-Property) monitoring wells 
and five Off-Property monitoring wells. The initial plan required three 
years of post-remedy groundwater monitoring (March 2000 through 
September 2002) to verify the successful performance of the groundwater 
remedy. In October 2003, the groundwater long-term monitoring was 
extended for an additional three years.
    Groundwater samples collected from 2000-2004 showed ``non-detect'' 
concentrations for all the groundwater COCs in six of the eight 
monitoring wells (two Off-Property area wells still had elevated 
concentrations of trichloroethylene [TCE], cis-1,2-DCE, and VC). As a 
result, sampling at the six monitoring wells was discontinued and they 
were properly abandoned in 2004.
    As of 2004, the two remaining monitoring wells demonstrated 
attainment of the groundwater related to the TCE cleanup level; 
however, cis-1,2-DCE and VC concentrations remained above their 
respective cleanup levels, though concentration trends were decreasing. 
As a result, biannual sampling continued at these two monitoring wells.
    In 2006, it was determined that the groundwater had reached cleanup 
levels for multiple sampling events in one of the two remaining Off-
Property area monitoring wells. As such, sampling at this well was 
discontinued in 2006. Through 2009, biannual sampling continued. 
Groundwater in the one remaining monitoring well continued to show cis-
1,2- DCE and VC above their respective cleanup levels. It was 
determined that groundwater sampling should continue. Samples were 
collected from 2009 to 2017 and were used to demonstrate attainment, as 
discussed below.

Cis-1,2-DCE Attainment Analysis

    Five data points from 2013 to 2017 were analyzed using both a 
visual and statistical analysis. Specific to the groundwater meeting 
the cis-1,2-DCE cleanup level of 5 [micro]g/L, a statistical analysis 
was conducted, and the EPA concluded that the mean concentration was 
3.1 [micro]g/L; however, much like the VC data, because of statistical 
variation, the 95 percent upper confidence limit on the mean was 14.1 
[micro]g/L. Although the upper confidence limit was three times the 
cleanup level, the last three data points collected in 2016 and 2017 
were all below the cleanup level, with two of the three being ``non-
detect'' (below the laboratory detection limit of 0.5 [micro]g/L) As 
such, it was determined that the data provided assurance that the 
cleanup level for cis-1,2-DCE had been met in this monitoring well.
    The data was also evaluated using a time-dependent trend. The trend 
for the five data points had a statistically significant decreasing 
sloping providing assurance that the groundwater will continue to meet 
the cleanup level.

VC Attainment Analysis

    Six data points from 2009 through 2017 were analyzed using both a 
visual and statistical analysis. Specific to the groundwater meeting 
the VC cleanup level of 2 [micro]g/L, a statistical analysis was 
conducted for the six data points, and the EPA concluded that the mean 
concentration was 1.2 [micro]g/L; however, because of statistical 
variation, the 95 percent upper confidence limit on the mean was 2.8 
[micro]g/L, slightly above the cleanup level of 2 [micro]g/L. Although 
the upper confidence limit was slightly above 2 [micro]g/L, the last 
three data points collected in 2016 and 2017 are all below the cleanup 
level, with two of the three being ``non-detect'' (below the

[[Page 23378]]

laboratory detection limit of 0.5 [micro]g/L). As such, it was 
determined that the data provided assurance that the cleanup level for 
VC had been met in this monitoring well.
    The data was also evaluated using a time-dependent trend. The trend 
for the six data points had a statistically significant decreasing 
slope providing assurance that the groundwater will continue to meet 
the cleanup level.

Conclusion

    Based on this analysis of all groundwater monitoring wells and 
associated contaminant-specific data, it has been concluded that the 
groundwater remedy has achieved the remedial cleanup levels, and data 
analysis indicates that the groundwater will remain below these 
standards. Therefore, the groundwater restoration remedial action is 
complete in accordance with the remedy, and further groundwater 
monitoring at the Site is no longer necessary.
    All the completion requirements for the Off-Property area have been 
met, as described in the December 28, 2017 Final Close-Out Report. The 
State of New York, in a March 7, 2018 letter, concurred with the 
proposed deletion of the Site from the NPL.
    The NCP specifies that the EPA may delete a site from the NPL if 
``responsible parties or other persons have implemented all appropriate 
response actions required.'' 40 CFR 300.425(e)(1)(i). The 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 the 
Site no longer poses a threat to public health or the environment. 
Consequently, the EPA is deleting the Site from the NPL. Documents 
supporting this action are available in the Site files.

V. Deletion Action

    The EPA, with the concurrence of the State of New York through 
NYSDEC, has determined that all appropriate responses 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 is deleting the 
Site from the NPL.
    The Site is now suitable for unlimited use and unrestricted 
exposure. Therefore, no further five-year reviews will be conducted for 
this Site. The deletion does not preclude future action under CERCLA. 
Because the EPA considers this action to be noncontroversial and 
routine, the EPA is taking this action without prior publication. This 
action will be effective July 20, 2018 unless the EPA receives adverse 
comments by June 20, 2018. If adverse comments are received within the 
30-day public comment period of this action, the 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. The EPA will 
prepare a response to comments and continue with the deletion process 
based on 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: April 19, 2018.
Peter D. Lopez,
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(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.

Appendix B to Part 300 [Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing the listing 
under New York for ``Fulton Terminals''.

[FR Doc. 2018-10798 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P


