[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Proposed Rules]
[Pages 50380-50383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24486]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7070-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete McAdoo Associates Superfund Site
from the National Priorities List: Request for Comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region III announces
its intent to delete the McAdoo Associates Superfund Site (Site)
located in Kline Township, Schuylkill County, Commonwealth of
Pennsylvania, from the National Priorities List (NPL) and requests
public comment on this proposed action. The NPL constitutes Appendix B
of 40 CFR Part 300 which is the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), as amended. EPA and the Pennsylvania
Department of Environmental Protection (PADEP) have determined that the
remedial action for the site has been successfully executed.
DATES: Comments concerning the proposed deletion of this Site from the
NPL may be submitted on or before November 2, 2001.
ADDRESSES: Comments may be mailed to: Eugene Dennis (3HS21), Remedial
Project Manager, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania, 19103-2029.
Comprehensive information, including the deletion docket, on this
Site is available for viewing at the Site information repositories at
the following locations: Regional Center for Environmental Information,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania, 19103,
[[Page 50381]]
215-814-5254 or 800-553-2509, Monday through Friday 8:00 a.m. to 4:30
p.m.; McAdoo-Kelayers Library, 15 Kelayers Road, McAdoo, Pennsylvania
18237, 570-929-1120.
FOR FURTHER INFORMATION CONTACT: Eugene Dennis (3HS21), Remedial
Project Manager, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania, 19103-2029. Telephone 215-814-
3202 or 800-553-2509, e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency, Region III announces its
intent to delete the McAdoo Associates Superfund Site, Schuylkill
County, Pennsylvania from the NPL, Appendix B of the National Oil and
Hazardous Substance Pollution Contingency Plan (NCP), which constitutes
40 CFR Part 300, and requests public comments on this proposed action.
EPA identifies sites that appear to present a significant risk to
public health, welfare or the environment, and maintains the NPL as the
list of these sites.
EPA and the Pennsylvania Department of Environmental Protection
(PADEP) have determined that remedial activities conducted at the Site
have been successfully executed.
EPA will accept comments on the proposal to delete this Site for
thirty calendar days after publication of this notice in the Federal
Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses the procedures that EPA is using
for this action. Section IV discusses the McAdoo Associates Superfund
Site and explains how the Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e)(1) of the NCP provides that releases may be
deleted from, or recategorized on the NPL, where no further response is
appropriate. In making a determination to delete a release from the
NPL, EPA shall consider, in consultation with the state, whether any of
the following criteria have been met:
(i) The responsible parties or other parties have implemented all
appropriate response actions required; or
(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 poses
no significant threat to public health or the environment and,
therefore, remedial measures are not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the site above levels that allow
for unlimited use and unrestricted exposure, EPA will conduct a review
of the site at least every five years after the initiation of the
remedial action at the site to ensure that the site remains protective
of public health and the environment.
If new information becomes available which indicates a need for
further action, EPA may initiate remedial actions. Whenever there is a
significant release from a site deleted from the NPL, the site may be
restored to the NPL without the application of the Hazard Ranking
System.
III. Deletion Procedures
The following procedures were used for the intended deletion of
this Site:
1. EPA Region III has recommended deletion and has prepared the
relevant documents. All appropriate response actions required under
CERCLA have been implemented and no further response by EPA is
appropriate.
2. PADEP has concurred with the proposed deletion decision.
3. A notice has been published in the local newspapers and has been
distributed to appropriate Federal, state, and local officials and
other interested parties announcing the commencement of a thirty (30)
day public comment period on EPA's Notice of Intent to Delete.
4. The EPA Region III Office has made all relevant documents
supporting the proposed deletion available for the public to review in
the Site information repositories identified above.
Deletion of the Site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. The NPL is designed
primarily for informational purposes and to assist Agency management.
As mentioned in Section II of this Notice, Section 300.425(e)(3) of the
NCP states that the deletion of a site from the NPL does not preclude
eligibility for future response actions.
For deletion of this Site, EPA's Regional Office will accept and
evaluate public comments on EPA's Notice of Intent to Delete before
making a final decision to delete. If necessary, the EPA will prepare a
Responsiveness Summary to address any significant public comments
received.
A deletion occurs when the Regional Administrator places a final
notice, a Notice of Deletion, in the Federal Register. Generally, the
NPL will reflect deletions in the final update. Public notices and
copies of the Responsiveness Summary will be made available to the
public by the EPA Regional Office.
IV. Basis for Intended Site Deletion
The following summary provides the EPA's rationale for the proposal
to delete this Site from the NPL.
Site Location
The McAdoo Associates Site consists of two operable units (OUs)
that are located approximately 3 miles apart from one another. Operable
Unit 1 is known as the McAdoo Kline Township (MKT) location and is
located approximately 1.5 miles south of McAdoo Borough, due east of
U.S.Route 309 in Kline Township, Schuylkill County, Pennsylvania.
Operable Unit 2 is known as the McAdoo Blaine Street (MBS) location and
is located in the Borough of McAdoo, Schuylkill County, Pennsylvania.
Site History
The MKT location consists of approximately 8 acres and is situated
at the site of an old (subsurface and surface strip) coal mine which
operated sporadically from the 1880's to the 1960's. In 1975 McAdoo
Associates acquired the site property and installed two rotary kiln
furnaces and an upright liquid waste incinerator which were operated to
reclaim metals from waste sludges, reportedly using waste solvents as
fuel. The MKT location was ordered closed in 1979 by the Pennsylvania
Department of Environmental Resources (now known as the Pennsylvania
Department of Environmental Protection) as a result of numerous
environmental compliance problems. At the time of closure in April
1979, the MKT location was inventoried and found to contain 6,790 drums
of hazardous waste, four above ground 15,000 gallon storage tanks,
three above ground 10,000 gallon storage tanks and miscellaneous
debris. Between January 1981 and October 1982 the Potentially
Responsible Parties (PRP's) removed all of the drums and all site
features, with the exception of one 15,000 gallon storage tank from the
MKT location.
The MBS location consists of a small lot (approximately 100' x
150') situated at the intersection of west Fourth street and north
Harrison street in a residential area of McAdoo Borough. Prior to 1972,
the MBS location was the site of a heating oil and gasoline storage
[[Page 50382]]
business which utilized five underground storage tanks. From 1972 to
1979 the property allegedly was used by the owners of McAdoo Associates
for temporary storage of various liquid wastes in the underground
tanks. The waste was reportedly used as fuel to be burned at the MKT
location. Operations at the MBS location were discontinued in 1979.
Because both locations were operated as one facility involving the
same ownership and waste, they were combined and collectively called
the McAdoo Associates site for evaluation in the Hazard Ranking System
(HRS) scoring process. The site received a score of 63.03 and the
McAdoo Associates site was placed on the National Priorities List (NPL)
in September, 1983.
Record of Decision--MBS Location
EPA conducted investigations of the underground tanks at the MBS
location in 1982, and response activities also began in 1982 when EPA
ordered the PRPs to pump 11,000 gallons of waste liquids from four of
the underground tanks. The liquid waste was described as petroleum
distillates and PAHs. Gasoline and water were reported to be contained
in one tank, and oils and solvents were identified in the other tanks.
Based on the results of the investigations, EPA issued a Record of
Decision (ROD) for Interim Remedial Measures (IRM) on June 5, 1984,
calling for cleaning and removal of the underground tanks, the removal
of contaminated soil, and the sampling of subsurface soils. The
implementation of the ROD began in March 1985 with the excavation and
removal of the tanks and was completed in June 1985 when the MBS
location was backfilled and graded.
Record of Decision--MKT Location
EPA conducted a Remedial Investigation (RI) at the MKT location in
1984. The results of the RI indicated elevated levels of metals in the
mine pool underlying the site and in the site fill. Based on the
results of the RI and subsequent Feasibility Study (FS), EPA issued a
Record of Decision on June 28, 1985, for the MKT location, which
selected a remedial action alternative that included the following
components:
Implementing a mine subsidence study (MSS) to determine
the risk and magnitude of mine subsidence;
Removing and disposing of miscellaneous surface debris and
the remaining 15,000 gallon above ground tank;
Implementing a soil sampling program to define the extent
of soil contamination;
Excavating and offsite disposal of contaminated soils and
backfilling of the excavated areas with clean fill;
Regrading, constructing a cap with surface water diversion
and re-vegetation; and
Performing operation and maintenance (O&M), including
groundwater monitoring, for up to 30 years.
The PRP's began remedial activities at the MKT location in 1988
with the removal of the remaining storage tank and the MSS required by
the ROD. Excavation and disposal of contaminated soils in two areas
defined by the soil sampling program and MSS were performed in 1990.
The construction of the cap was initiated on July 20, 1991, and was
completed on November 14, 1991.
Record of Decision--Both MKT and MBS Locations
In 1990/1991 EPA conducted a focused RI/FS at the MBS and MKT
locations to investigate outstanding concerns not addressed by RODs
previously issued for these locations. The scope of the focused RI/FS
was to evaluate the surface water, sediment and groundwater at the MKT
location and groundwater at the MBS location. The focused RI/FS was
completed in July 30, 1991. Based on the results of the focused RI/FS,
EPA issued a ROD on September 30, 1991. The ROD stated that no further
actions beyond those already implemented at the MKT and MBS locations
were required. At the same time, however, the 1991 ROD required long-
term groundwater monitoring at both locations. The major components of
the monitoring program include:
Expansion of the long-term water quality monitoring
program as needed at the MKT location (originally included as part of
the 1985 ROD) to include additional sampling of all existing monitoring
wells;
Installation of four groundwater monitoring wells at the
MBS location to be used for long-term monitoring of groundwater
quality.
The Operations and Maintenance Plan, attached to the 1988 Consent
Decree for the MKT location, was amended in June, 1998 to expand the
groundwater monitoring program to include the requirements of the 1991
ROD. Subsequently, annual groundwater monitoring was initiated by the
PRP's in October, 1998 at the MKT location.
Since no agreement had been formulated between EPA and the PRP's
for the MBS location, the wells required by the 1991 ROD for the MBS
location were installed by EPA in May and June, 1992. Groundwater
samples were then collected and the results indicated that petroleum-
related organic compounds and semi-volatile organic compounds were
present in the monitoring wells located down-gradient of the former
tank location. Subsequent groundwater sampling was performed as part of
a Focused Feasibility Study (FFS) conducted by EPA in the Spring of
1993. The results of the FFS sampling confirmed the presence of organic
contaminants in the groundwater as well as a free product (in one
monitoring well) determined to be weathered fuel oil and gasoline.
Based on the results of the FFS, EPA issued a ROD Amendment for the MBS
location on September 30, 1993. The major components of the ROD
Amendment are:
Installation of new groundwater extraction wells at the
MBS location and extraction of contaminated groundwater;
Installation and operation of a free product removal
system to extract the fuel and gasoline;
Installation of a groundwater treatment system to include
oil/water separation, air stripping, and polishing using granular
activated carbon;
Performance of groundwater monitoring; and
The establishment of Performance Standards for Benzene,
Ethylbenzene, 1,2-dichloroethane Bis(2-ethylhexyl)pthalate and
Manganese.
Phase one of the Remedial Action (RA) at the MBS location was
implemented by EPA on March 28, 1995 with the installation of five
groundwater extraction wells and the recovery of free product from an
existing monitoring well. After installation of the groundwater
extraction wells EPA determined, through groundwater extraction, that a
pumping rate of 15 gallons per minute could not be sustained by pumping
these wells individually or collectively. The capacity of the aquifer
to recharge the wells and produce the amount of water needed for
treatment was not sufficient. As a result, EPA terminated the RA for
the MBS location after Phase One.
Following the termination of the RA at the MBS location, EPA issued
an Explanation of Significant Differences (ESD) on September 26, 1995.
The ESD identified several Significant Differences that warranted
changes to the remedy presented in the 1993 ROD Amendment for the MBS
location. The
[[Page 50383]]
Significant Differences presented in the ESD are as follows:
(1) Mechanical pumping of the wells at the MBS location, on a
continuous basis, was determined not to be a viable option due to
insufficient water volume as described above. The contaminated
groundwater would have to be manually extracted by hand bailing the
wells.
(2) The small volume of ground water capable of being removed from
the extraction wells did not warrant the construction of a treatment
system at the MBS location. The manually extracted groundwater would be
contained and taken off-site for treatment.
(3) The extraction and treatment of groundwater from the MBS
location would not be performed on a continuous basis. Rather, the
manual extraction would be performed on a periodic basis.
(4) The free product recharge rate was extremely slow and as a
result a free product recovery system was not warranted. Instead the
free product was manually removed on the same schedule as the manual
removal of the contaminated groundwater.
The ESD for the MBS location was implemented in 1996. Between 1996
and June, 2001 the wells at the MBS location were purged and sampled 4
times. A review of the monitoring data indicates the presence of PAHs
which are constituents of gasoline and fuel oil. Benzene and
ethylbenzene are present at concentrations above the performance
standards. These contaminants have been determined not to be compounds
of concern, but instead residuals of the gasoline and fuel oil once
stored at the MBS location. Bis(ethylhexyl)pthalate is a suspect
contaminant present at concentrations slightly above the performance
standards.
Based on a thorough evaluation of the results of the groundwater
data collected from the wells at the MBS location, EPA has determined
that the volatile organic compounds being found in the groundwater are
constituents of gasoline and fuel oil and are not compounds of concern
related to the past storage of waste liquids at the MBS location. Also,
there are no threats to residents who use groundwater in the area of
the MBS location, as the source of potable groundwater is located
approximately 3 miles away and the wells are several hundred feet deep.
There is no hydraulic connection between the shallow groundwater at the
MBS location and the public water supply wells. As such, EPA has
discontinued the manual extraction of groundwater. Groundwater will
continue to be monitored at the MBS location.
Five-Year Review
A five-year review for the Site was completed on June 27, 2000.
Five-year reviews for the Site will continue to be conducted. The next
Review is scheduled to be completed by September 30, 2004.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42
U.S.C. 9617. Documents in the deletion docket on which EPA relied to
make this recommendation of deletion from the NPL are available to the
public in the information repositories.
Applicable Deletion Criteria
EPA is proposing deletion of this Site from the NPL. PADEP has
concurred with EPA that all appropriate responses under CERCLA have
been implemented. Documents supporting this action are available from
the docket. EPA believes that the criteria stated in Section II(i) and
(ii) for deletion of this Site have been met. Therefore, EPA is
proposing the deletion of the McAdoo Associates Superfund Site from the
NPL.
Dated: September 19, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 01-24486 Filed 10-2-01; 8:45 am]
BILLING CODE 6560-50-P