
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8989-8994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04511]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9990-15-Region 2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Robintech, Inc./
National Pipe Co. Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Robintech, Inc./National Pipe Co. Superfund site (Site), 
located in the Town of Vestal, New York, includes an approximately 
12.7-acre parcel of property (hereinafter, ``Property'') and areas 
affected by the release or threat of release of hazardous substances to 
the west of the Property (hereinafter, ``Off-Property''). This direct 
final partial deletion is being published by the Environmental 
Protection Agency (EPA), with the concurrence of the New York State 
Department of Environmental Conservation (NYSDEC). Because no further 
response actions under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), other than groundwater 
monitoring, periodic IC verification, and five-year reviews, as well as 
O&M activities, as necessary, are needed for the Property's overburden 
soil, overburden groundwater, and an approximately 9.7-acre portion of 
the bedrock aquifer underlying the Property (hereinafter, collectively 
referred to as ``Proposed Deleted Portion of the Property''), EPA is 
issuing this Notice of Partial Deletion (NOPD) of this Site area from 
the National Priorities List (NPL) and requests public comments on this 
proposed action. However, this partial deletion does not preclude 
future actions under Superfund. The overburden and bedrock aquifers in 
the Off-Property area, and the remaining portion of the bedrock aquifer 
underlying the Property, will remain on the NPL and are not part of 
this deletion action.

DATES: This direct final partial deletion will be effective May 13, 
2019 unless EPA receives adverse comments by April 12, 2019. If adverse 
comments are received, EPA will publish a timely withdrawal of this 
direct final NOPD in the Federal Register, informing the public that 
the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, 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: granger.mark@epa.gov.
     Mail: To the attention of Mark Granger, 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-
1986-0005. The http://www.regulations.gov website 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 website. 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

[[Page 8990]]

avoid the use of special characters and any form of encryption and 
should be free of any defects or viruses.
    Docket: All documents in the Docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in 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, Telephone: 
212-637-4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m.
and
Town of Vestal Public Library, 320 Vestal Parkway East, Vestal, NY 
13850, Telephone: (607) 754-4244, Hours: Mon.: 2:00 p.m.-8:00 p.m., 
Tue-Thu: 9:00 a.m.-8:00 p.m., Fri: 9:00 a.m.-5:00 p.m., Sat: 10:00 
a.m.-2:00 p.m.

FOR FURTHER INFORMATION CONTACT: Mark Granger, Remedial Project 
Manager, 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 212-637-3351; or email at 
granger.mark@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

    The Property at the Site contains a two-story commercial building 
and a warehouse and is bounded on the west by an amusement facility and 
fuel storage tanks, on the south by Old Vestal Road, on the east by 
Commerce Road, and on the north by railroad tracks. The Off-Property 
area extends westward toward the Susquehanna River, which is located 
approximately 2,500 feet from the Property.
    EPA and the State of New York, through NYSDEC, have determined that 
no further response action under CERCLA is needed for the Proposed 
Deleted Portion of the Property, as defined above, and is proposing to 
delete this portion of the Site from the NPL. See the above-referenced 
docket for more information, including a figure of the Proposed Deleted 
Portion of the Property.
    An approximately three-acre portion of the bedrock aquifer 
underlying the Property, bounded to the east by the western walls of 
the warehouse and former manufacturing building, to the south and west 
by the Property line, and to the north by a line extending from the 
northwest corner of the warehouse to the western property line 
(hereinafter, ``Retained Portion of the Property''), as well as the 
overburden and bedrock aquifers in the Off-Property area, would remain 
on the NPL.
    The NPL constitutes appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan, 40 
CFR part 300 (NCP), which EPA promulgated pursuant to Section 105 of 
CERCLA, 42 U.S.C. 9605. 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). This 
partial deletion of the Proposed Deleted Portion of the Property is 
proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on NPL. 
60 FR 55466 (Nov. 1, 1995). As described in Sec.  300.425(e)(3) of the 
NCP, and as clarified in 60 FR 55466, a site (or portion thereof) 
deleted from the NPL remains eligible for Fund-financed remedial action 
if future conditions at the site warrant such actions.
    EPA Region 2 is publishing this direct final NOPD to remove the 
Proposed Deleted Portion of the Property from the NPL.
    Section II of this document explains the criteria for deleting 
sites (or portions thereof) from the NPL. Section III discusses 
procedures that EPA is using for this action. Section IV demonstrates 
how the deletion criteria have been met. Section V discusses EPA's 
action to delete the Property's overburden soil and overburden 
groundwater and an approximately 9.7-acre portion of the bedrock 
aquifer underlying the Property 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 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), 42 U.S.C. 9621(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 Proposed 
Deleted Portion of the Property:
    (1) EPA consulted with the State of New York prior to developing 
this direct final NOPD and the Notice of Intent to Partially Delete 
(NOIPD) also published in the ``Proposed Rules'' section of this issue 
of the Federal Register.
    (2) EPA has provided the State 30 working days for review of this 
NOPD and the parallel NOIPD prior to their publication today, and the 
State, through the NYSDEC, has concurred on the partial deletion of a 
portion of the Site from the NPL.
    (3) Concurrent with the publication of this direct final NOPD, a 
notice of the availability of the parallel NOIPD is being published in 
a major local newspaper, the Press and Sun Bulletin. The newspaper 
notice announces the 30-day public comment period concerning the NOIPD 
of the Proposed Deleted Portion of the Property from the NPL.
    (4) EPA placed copies of documents supporting the proposed partial 
deletion in the Docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.

[[Page 8991]]

    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final NOPD before its 
effective date and will prepare a response to comments and, if 
appropriate, continue with the deletion process based on the NOIPD and 
the comments received.
    Deletion of a site (or portion thereof) from the NPL does not 
itself create, alter, or revoke any individual's rights or obligations. 
Deletion of a site (or portion thereof) from the NPL does not in any 
way alter EPA's right to take enforcement actions, as appropriate. The 
NPL is designed primarily for informational purposes and to assist 
EPA'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 Partial Site Deletion

    The following information provides the Agency's rationale for 
deleting the Proposed Deleted Portion of the Property from the NPL.

Site Background and History

    The Site (NYD002232957) is in Vestal, a regionally important 
industrial center adjacent to Binghamton, New York in the Susquehanna 
River basin. The Property, which occupies approximately 12.7 acres, is 
bordered by Commerce Road and several warehouses and light industrial 
buildings to the east, Old Vestal Road and several residences to the 
south, an amusement facility and fuel storage tanks to the west, and 
railroad tracks to the north.
    The Property and the area downgradient (i.e., to the west) of the 
Property is zoned industrial/commercial. With the strong presence of 
commercial and industrial infrastructure, future land use is 
anticipated to remain industrial/commercial.
    The Property is located approximately half-way down the westerly 
face of a hill that slopes gently toward the Susquehanna River. 
Consistent with this, EPA field observations and examination of 
topographic contours indicate that the overland flow of surface water 
across the Property is to the west, controlled by a series of conduits 
and drainage ditches which direct the flow to the river, located 
approximately a half mile to the north and west. The area where the 
Site is located is not known to contain or impact any ecologically-
significant habitat, wetlands, agricultural land, or historic or 
landmark sites.
    The area has two distinct groundwater aquifers. The upper or 
overburden aquifer is comprised of material consisting mainly of till 
and is approximately 20 to 40 feet thick. In addition, fill material 
associated with extensive grading on-Site for storage and parking 
spaces ranges from zero to six feet in thickness. Groundwater is 
encountered within the upper aquifer unit six to twenty feet below 
ground surface (bgs). The lower or bedrock aquifer consists of shale 
with a weathered zone seven- to ten-feet thick. The primary 
permeability of this material is low, but the secondary permeability is 
much higher. Fractures along the horizontal bedding planes and vertical 
joints in the shale allow for groundwater flow.
    Groundwater flow in the vicinity of the Site is primarily toward 
the west and northwest. There are no private drinking water wells in 
the vicinity of the Site. All residents are supplied with drinking 
water by the Vestal municipal well fields. One of these well fields is 
located downgradient of the Site near the river. None of the wells in 
the Vestal well fields are affected by Site-related contamination.

Remedial Investigation and Feasibility Study

    Eight groundwater extraction wells were drilled on-Site between 
1983 and 1984 by former Site owner/operators. These six-inch diameter 
wells were installed with steel casing through the till overburden 
formation and then finished as open bedrock holes to an average depth 
of 300 feet bgs. The wells provided cooling water for the operators of 
a pipe-production process, which was then discharged to surface water 
at a permitted effluent-discharge point. An effluent sample collected 
at the Site by NYSDEC in 1984 to verify discharge-permit compliance 
found volatile organic compounds (VOCs) that were not covered under the 
permit. Further investigations resulted in the conclusion that the 
contamination was coming from the bedrock groundwater beneath the Site. 
NYSDEC also determined that there were soil source areas in the 
overburden affecting groundwater in both the overburden and bedrock 
geologic units.
    Sampling was conducted by EPA in 1985 to evaluate the Site for 
inclusion on the NPL. Groundwater monitoring revealed elevated 
concentrations of VOCs in the overburden soil and bedrock groundwater. 
Based on the results of this monitoring, the Site was placed on the NPL 
in June 1986 (51 FR 21054).
    Following the listing of the Site on the NPL in 1986, a remedial 
investigation (RI) was performed. The RI revealed numerous VOCs in the 
overburden and bedrock groundwater and in overburden soils. The RI 
report, along with a human-health risk assessment (HHRA) and a 
feasibility study (FS) report, was completed in 1991.
    The HHRA concluded that an unacceptable risk existed for 
hypothetical future residents' consumption of groundwater, driven 
primarily by VOCs. The hypothetical future use of both the overburden 
and bedrock aquifers for drinking-water purposes resulted in 
unacceptable risk. The ecological risk assessment concluded that no 
habitats or species of special concern would likely be affected by 
Site-related contaminants.

Selected Remedy

    Following the completion of the RI/FS, a record of decision (ROD) 
was signed in March 1992 (1992 ROD). The 1992 ROD, also referred to as 
the Operable Unit One (OU1) ROD, addressed contamination present in the 
overburden and bedrock aquifers by extraction and treatment via air 
stripping. The remedial action objectives (RAOs) specified in the 1992 
ROD were:
     Restore the aquifer as a potential source of drinking 
water by reducing contaminant levels to below the New York State and 
Federal Maximum Contaminant Levels (MCLs). See Table 1, below.
     Reduce or eliminate the potential for off-Site migration 
of contaminants.

                                 Table 1
------------------------------------------------------------------------
                                                           Cleanup goal
                           VOC                             from 1992 ROD
                                                               (ppb)
------------------------------------------------------------------------
1,1,1-Trichloroethane...................................             5.0
1,1-Dichloroethane......................................             5.0
Trichloroethene.........................................             5.0
1,1-Dichloroethene......................................             5.0
trans-1,2-Dichloroethene................................             5.0
cis-1,2-Dichloroethene..................................             5.0
------------------------------------------------------------------------

    The 1992 ROD remedy included the extraction and treatment via air 
stripping of contaminated bedrock and overburden groundwater.
    An investigation to assess suspected elevated lead concentrations 
in Site soil and sediment did not reveal elevated lead concentrations 
in any Site media. Accordingly, a no action ROD for these soils and 
sediments was signed in March 1993.

[[Page 8992]]

    The results of a preliminary remedial design (RD) investigation 
indicated that overburden groundwater and subsurface soils were 
contaminated at levels much greater than those detected during prior 
investigations; the contaminated subsurface soils were subsequently 
determined to be source areas. In addition, the pre-RD investigation 
concluded that the overburden-formation till was of relatively low-
permeability with an extremely-low groundwater yield. Therefore, the 
extraction of contaminated groundwater from the overburden (the remedy 
selected for the overburden in the 1992 ROD) was determined not to be 
feasible.
    An alternative approach to address the contaminated groundwater was 
determined to be necessary. In addition, EPA determined that the source 
areas in the overburden soil needed to be addressed. A ROD was signed 
in July 1997 (1997 ROD or OU3 ROD) which addressed source contamination 
present above and below the water table in the overburden in three 
areas of the Site. Additionally, based on the tight overburden 
formation, resulting in extremely low groundwater yields (approximately 
0.1 gallon per minute), consistent with EPA and New York State 
guidance, the overburden aquifer is not usable. Therefore, the 1997 ROD 
also concluded that Federal and state MCLs are not applicable with 
respect to the overburden aquifer. As the bedrock aquifer is usable, 
Federal and state MCLs remain applicable with respect to that aquifer.
    The RAOs specified in the 1997 ROD were:
     Mitigate the potential for contaminants to migrate from 
the soil into the overburden aquifer and reduce soil contamination to 
meet the soil cleanup objectives identified in NYSDEC's Technical and 
Administrative Guidance Memorandum No. 94-HWR-4046, January 1994.
     mitigate the potential for contaminants to migrate from 
the overburden aquifer into the bedrock aquifer.
     reduce or eliminate the threat to public health and the 
environment posed by groundwater contamination by remediating 
groundwater to MCLs for VOCs.
     reduce or eliminate the potential for off-Site migration 
of contaminants.
    The 1997 ROD included the excavation of unsaturated- and saturated-
overburden soils in three areas of the Site and treatment of VOCs using 
low-temperature thermal desorption; the extraction of contaminated 
groundwater from the bedrock aquifer through the existing production-
well network until MCLs are achieved; remediation of contaminated 
overburden groundwater through natural attenuation processes, including 
chemical degradation, dilution, and dispersion, at the Property and in 
downgradient areas.
    In August 2018, an Explanation of Significant Differences (ESD) was 
issued to document EPA's determination to incorporate into the remedy 
an institutional control to address the potential for vapor intrusion 
should the occupancy of the Property buildings change in the future or 
if there is new construction in Property or Off-Property areas.

Remedy Implementation

    Negotiations between EPA and a group of potentially responsible 
parties (hereinafter, PRP Group) resulted in an agreement embodied in 
an October 1998 Consent Decree to implement the RD, construction, and 
operation and maintenance (O&M) of the remedy selected in the 1997 ROD.
Soil Remediation
    The RD of the soil source-removal excavation and treatment was 
initiated in 1999 by Vertex Engineering Service, Inc. (Vertex), the 
contractor for the PRP Group. Following the completion of the plans and 
specifications, Vertex initiated the implementation of the soil remedy. 
The excavation, treatment, and backfilling of more than 10,000 cubic 
yards of VOC-contaminated soil was performed from 2000 to 2001. Post-
excavation soil sampling results indicated that residual levels of VOCs 
in soils were below the target cleanup levels.
Groundwater Remediation
    The 1997 ROD formalized a remedial strategy to address the source 
areas and groundwater in the overburden and provided for the continued 
extraction and treatment of contaminated bedrock groundwater using the 
existing production wells. After eliminating a conduit of contamination 
from the overburden into the bedrock by sealing one of the production 
wells in 1996, the rebuilding and upgrade of the existing bedrock 
extraction wells was completed in 2001. This work included installing 
new pumps, piping, wiring, and instrumentation for the existing 
production-well system. A combination of logistical circumstances, 
primarily, the decision by the operator of the Property to discontinue 
the use of the extracted groundwater as cooling water in its pipe 
manufacturing process resulted in the system being shut down in 2003. 
In 2005, after the completion of negotiations between EPA, the PRP 
Group, and the property owner, carbon treatment was added to the 
bedrock-groundwater extraction and treatment system, and operation of 
the system resumed. The Property owner operated the system on behalf of 
the PRP Group until May 2014, when the system, which had treated the 
groundwater to asymptotic levels above the MCLs, became inoperable. EPA 
is currently investigating alternatives to the extraction and treatment 
of the bedrock groundwater in the Retained Portion of the Property.

Monitoring

    To monitor the effect of both the overburden-soil source removal 
and the ten years of bedrock-groundwater extraction and treatment, 
long-term groundwater monitoring in both the overburden and bedrock 
aquifers is being performed annually. As noted above, because of the 
tight overburden formation, resulting in extremely-low groundwater 
yields, the overburden aquifer is not usable. Therefore, pursuant to 
the 1997 ROD, Federal and state groundwater standards are not 
applicable with respect to the overburden aquifer. With respect to the 
bedrock aquifer, groundwater VOC contaminant levels are below the 1997 
ROD-specified Federal and state MCLs for Site-related constituents 
within the area of the Proposed Deleted Portion of the Property (see 
Table 2, below).

                        Table 2--1990 to Present
------------------------------------------------------------------------
           Bedrock well number                      Total VOCs
------------------------------------------------------------------------
PW-9....................................  ND
MW-3A...................................  ND
MW-4A...................................  ND
MW-13A..................................  ND
MW-15A..................................  ND
------------------------------------------------------------------------

    O&M for the bedrock-groundwater extraction-and-treatment system 
component of OU1 began in 2005. Per the O&M Manual, O&M for OU1 
included inspection/maintenance procedures, schedules for proper 
operation, and influent and effluent monitoring to evaluate remedy 
performance. O&M of the system continued through 2014, at which point 
the system became inoperable and was turned off to explore alternatives 
to the extraction and treatment of the bedrock groundwater. The long-
term monitoring components of the overburden (OU3) and bedrock (OU1) 
aquifers began in 2001 and has continued since that time.

Institutional Controls

    With respect to institutional controls (ICs), the 1997 ROD called 
for the implementation of ICs to restrict the

[[Page 8993]]

installation and use of groundwater wells at and downgradient of the 
Property until groundwater quality has been restored. The on-Property 
ICs were implemented through a March 2006 Declaration of Easements, 
Covenants and Restrictions (``deed restriction'') for the Property. As 
noted above, in August 2018 an ESD was issued to document EPA's 
determination to incorporate into the remedy an IC relating to vapor 
intrusion; toward this end, the Town of Vestal has agreed to notify EPA 
when there is a change in use relative to the Property and Off-Property 
areas.
    With respect to areas downgradient of the Property, drinking water 
is provided by public supplies for the entire town. Town of Vestal code 
sec. 24-73.d requires all development (residential, commercial, 
industrial, etc.) to connect to the public drinking-water supply system 
in all areas of the Town where the public supply is available. The 
Property and the plume downgradient of the Property are in an area 
where the public drinking-water supply system is available. Further, 
the installation of any other groundwater-withdrawal well is restricted 
within areas of the Town designated as an ``aquifer district'' (Town of 
Vestal code sec. 23-518.a-c). The Property and the plume area 
downgradient of the Property are located within an ``aquifer 
district.''

Five-Year Review

    Contamination remains in the groundwater underlying the Property 
and in Off-Property areas above levels that would allow for unlimited 
use and unrestricted exposure. Therefore, pursuant to CERCLA Section 
121(c), EPA is required to conduct a review of the remedy at least once 
every five years. Five-year reviews were conducted in 2006, 2011, and 
2016. While the most recent five-year review concluded that there are 
no completed exposure pathways, a short-term protectiveness finding was 
made for the Site in light of recommendations that more information was 
needed relative to the off-Property overburden groundwater and the 
evaluation of alternatives to the existing extraction and treatment of 
bedrock groundwater remedy needed to be completed. Neither of these 
recommendations relate to the Proposed Deleted Portion of the Property.
    The next five-year review is scheduled for 2021.

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 three remedy selection processes, the public 
was invited to comment on the proposed remedies. 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 a Portion of the Site Meets the Criteria for 
Deletion from the NPL

    Because of the tight overburden formation, resulting in extremely-
low groundwater yields, the overburden aquifer is not usable. 
Therefore, as reflected in the 1997 ROD, Federal and state MCLs are not 
applicable with respect to the overburden aquifer.
    Because of the completion of all appropriate response actions in 
the overburden soil and overburden groundwater on the Property and 
because the bedrock aquifer underlying the Property outside the 
Retained Portion of the Property is not contaminated, and because there 
are appropriate institutional controls in place, EPA and NYSDEC have 
determined that these areas no longer pose a threat to public health or 
the environment. EPA and NYSDEC have concluded that this NOPD, which 
pertains only to the Proposed Deleted Portion of the Property, may 
proceed. The Retained Portion of the Property will remain on the NPL, 
as well as the Off-Property portions of the Site's overburden and 
bedrock aquifers. Because contamination remains in both the Property 
and Off-Property overburden and bedrock groundwater, groundwater 
monitoring, periodic IC verification, and five-year reviews will still 
be required, as will O&M activities, as necessary.
    All the completion requirements for the Proposed Deleted Portion of 
the Property have been met, as described in the September 2001 soil 
Remedial Action Report, the September 2001 Preliminary Close-Out 
Report, and the 2006, 2011, and 2016 five-year review reports. The 
implemented remedy has achieved the degree of cleanup or protection 
specified in the OU1 and OU3 RODs for the Proposed Deleted Portion of 
the Property. The selected remedial action objectives and associated 
cleanup levels for the Proposed Deleted Portion of the Property are 
consistent with EPA policy and guidance. No further Superfund response 
for the Proposed Deleted Portion of the Property is needed to protect 
human health and the environment. The State of New York, in an August 
9, 2018 letter from the NYSDEC, concurred with the proposed partial 
deletion of the Proposed Deleted Portion of the Property from the NPL.
    The NCP specifies that EPA may delete a site from the NPL if all 
appropriate response under CERCLA has been implemented and no further 
response action 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 Proposed Deleted Portion of the 
Property has been met in that the soil on and the groundwater beneath 
the Proposed Deleted Portion of the Property no longer pose a threat to 
public health or the environment. Consequently, EPA is deleting the 
Proposed Deleted Portion of the Property from the NPL. Documents 
supporting this action are available in the Docket.

V. Deletion Action

    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 Proposed Deleted Portion of the Property and that 
these media no longer pose a threat to public health or the 
environment. Therefore, EPA is deleting the Proposed Deleted Portion of 
the Property from the NPL. An approximately three-acre portion of the 
southwest On-Property bedrock aquifer (west of the former manufacturing 
building and warehouse and south of this area to Old Vestal Road) will 
remain on the NPL, as will the Off-Property portion of the Site's 
overburden and bedrock aquifers. Because contamination remains in both 
On-Property and Off-Property overburden and bedrock groundwater, 
groundwater monitoring and five-year reviews will still be required, as 
will O&M activities, as necessary. The partial 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 May 13, 2019 unless 
EPA receives adverse comments by April 12, 2019. 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 NOPD before 
the effective date of the partial deletion and the deletion will not 
take effect. EPA will prepare a response to comments and, if no 
comments were received which warrant a change in EPA's decision with 
respect to the partial deletion, EPA will continue with the deletion 
process on the basis of the NOIPD and the comments received. In such a 
case,

[[Page 8994]]

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: October 18, 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.


0
2. Table 1 of appendix B to part 300 is amended by revising the entry 
for ``NY'', ``Robintech, Inc./National Pipe Co.'', ``Town of Vestal'' 
to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name                 City/County              Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
NY.................................  Robintech, Inc./National     Town of Vestal........  P
                                      Pipe Co..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (a) * * *
* * * * *
    *P = Sites with partial deletion(s).
* * * * *

    Editorial note: This document was received for publication by 
the Office of the Federal Register on March 7, 2019.

[FR Doc. 2019-04511 Filed 3-12-19; 8:45 am]
BILLING CODE 6560-50-P


