[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Proposed Rules]
[Pages 55563-55566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-24410]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7563-1]
National Oil and Hazardous Substances Contingency Plan; National
Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the River Road Landfill Site release
listing from the National Priorities List (NPL).
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region III announces
its intent to delete the River Road Landfill (Site) release listing
from the National Priorities List (NPL) and requests public comment on
this action. The NPL constitutes Appendix B of 40 CFR part 300, which
is the National Oil and Hazardous Substance Pollution Continency Plan
(NCP), which EPA promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA), as amended EPA and the Pennsylvania Department of
Environmental Protection (PADEP) have determined that the Site poses no
significant threat to public health or the environment and, therefore,
further remedial measures pursuant to CERCLA are not appropriate.
DATES: Comments concerning this Site may be submitted on or before
October 27, 2003.
ADDRESSES: Comments may be mailed to Donna Santiago (3HS22), Remedial
Project Manager, U.S. Environmental Protection Agency, Region III, 1650
Arch St., Philadelphia, PA 19103, 215-814-3222, Fax 215-814-3002, e-
mail santiago.donna@epa.gov. Comprehensive information on this Site is
available through the public docket which is available for viewing at
the Site information repositories at the following locations: U.S. EPA
Region III, Administrative Records, 1650 Arch Street, Philadelphia,
Pennylvana 19103, 215-814-3157; and Buhl-Henderson Community Library,
11 North Sharpsville Avenue, Sharon, PA 16146.
FOR FURTHER INFORMATION CONTACT: Donna Santiago (3HS22), U.S.
Environmental Protection Agency, Region III, 1650 Arch Street.,
Philadelphia, PA 19103, 215-814-3222, Fax 215-814-3002, e-mail
santiago.donna@epa.gov.
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 (EPA) Region III announces
its intent to delete the River Road Landfill Site release, South
Pymatuning Township, City of Hermitage, Mercer County, Pennsylvania,
from the National Priorities List (NPL), Appendix B of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part
300, and requests comments on the deletion. EPA
[[Page 55564]]
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. As described in Sec. 300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions in the
unlikely event that conditions at the site warrant action.
EPA and the Commonwealth of Pennsylvania have determined that the
remedial action for the Site has been successfully executed. EPA will
accept comments on the proposal to delete the listing of the Site
release from the NPL for thirty 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 River Road Landfill Site and
explains how the Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from 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 PADEP, whether any of the following criteria has been
met:
(i) Responsible parties or other persons have implemented all
appropriate response actions required;
(ii) All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
(iii) The Remedial Investigation (RI) has shown that the release
poses no significant threat to public health or the environment and,
therefore, taking of remedial measures is not appropriate.
Even when the release 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 is
required, by statute or policy, to conduct a subsequent review of the
site release 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 site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the Hazard Ranking System (HRS).
III. Deletion Procedures
The following procedures were used for the intended deletion of the
release Site from the NPL:
(1) All appropriate response under CERCLA has been implemented and
no further action by EPA is appropriate; however there will be
continued operation and maintenance of the existing treatment scheme
contained in the Post Closure Plan approved by the Pennsylvania
Department of Environmental Protection (PADEP) in 1987 under the
Pennsylvania Solid Waste Management regulations subject to modification
approved by PADEP (2) The Pennsylvania Department of Environmental
Protection concurred with the proposed deletion; (3) A notice has been
published in the local newspaper and has been distributed to
appropriate Federal, State, and local officials and other interested
parties announcing the commencement of a 30-day public comment period
on EPA's Notice of Intent to Delete; and, (4) All relevant documents
have been made available for public review in the local Site
information repository.
For deletion of the release from the NPL, 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
Agency will prepare a Responsiveness Summary, responding to each
significant comment submitted during the public comment period.
Deletion of the release 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 document, Sec. 300.425(e)(3) of the
NCP states that the deletion of a release from a site from the NPL does
not preclude eligibility for future response actions.
A deletion occurs when the Regional Administrator places a final
action in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the notice. Public notices and
copies of the Responsiveness Summary will be made available to local
residents by the Regional Office.
IV. Basis for Intended Site Deletion
The following summary provides the Agency's rationale for the
proposal to delete this release from the NPL.
Site Background and History
The River Road Landfill (Site) is located in South Pymatuning
Township, the City of Hermitage, Mercer County, Pennsylvania. The River
Road Landfill is 37.5 acres in area and is situated on a parcel of land
that is approximately 102 acres. The Site property surrounding the
landfill is undeveloped and is vegetated mainly with grasses and some
trees. The Site is bordered by River Road (Route 846) to the northwest
and the Shenango River to the south. Industries are located across the
Shenango River from the Site and upgradient along the River.
Residential properties and wooded property are located to the northeast
and west of the Site.
The northern portion of the Site is relatively flat and was used as
a soil-borrow source during landfill-closure activities. In the
southern portion of the Site, where the landfill is situated, the
natural topography (beneath the landfill) is a gentle, south-
southeasterly facing slope. Surface elevations range from a high of
approximately 940 feet above mean sea level (amsl) in the north
portions of the Site, to a low of approximately 860 feet amsl along the
southern boundary of the Site along the Shenango River. Precipitation
runoff from the landfill is directed via surface drainage channels to
sedimentation basins located at the southwest and southeast corners of
the landfill. The basins discharge to the River. Prior to the 1940s,
land use in the Site area was primarily for agriculture. Industrial
activity at the Site began in the 1940s when the Site was used for oil
and gas production. In the late 1950s, the property was operated as a
sand and gravel mine. The first landfilling at the Site began in early
1963. The landfill received sanitary and industrial waste. The facility
accepted approximately 2,000 tons per week of these waste streams
during its operational life.
In 1976, the Site was operated as the River Road Enterprises
Sanitary Landfill. The reported method of operation in 1975 consisted
of waste disposal by an area-fill method with refuse compaction,
followed by daily cover consisting of six inches of clay borrowed from
on-site. In 1978, PADEP granted technical approval for operations of
the facility. In 1980, the landfill was purchased by Erie Disposal
Company, currently Waste Management of Pennsylvania, Inc. (WMPA). WMPA
constructed a subsurface landfill ground water dam on the south side of
the landfill, which collected leachate and ground water. A final solid
waste disposal permit for the landfill was issued by PADEP in 1984.
Starting in 1982, WMPA began upgrading and remediating the Site
with soil-erosion and sediment-control systems. Additionally, the
existing leachate lagoons were closed in 1983.
[[Page 55565]]
Further upgrades to the landfill leachate-collection system were added
through 1988. The landfill stopped receiving waste in 1986. Closure
activities were completed and certified in 1987. The River Road
Landfill Certification and Post-Closure Plan was approved by PADEP in
1988.
History of Contamination
The first landfilling at the River Road Landfill began in 1963.
From the beginning of operations until 1980, the landfill received
municipal, residential, and industrial waste from area communities.
Upon acquisition by WMPA in 1980, WMPA constructed a subsurface
landfill leachate-collection system/ground water dam on the south side
of the landfill, which collected leachate and ground water. Until 1983,
the landfill leachate was temporarily stored on-site in a lagoon. In
1983, collected leachate and ground-water were discharged to the local
Public Owned Treatment Works (POTW). The landfill leachate lagoon was
closed in 1983. The landfill stopped receiving waste in 1986.
According to the Remedial Investigation (RI), leachate was the
primary source of contamination at the River Road Landfill Site; low
concentrations of volitale organic compounds (VOCs), semi-volitale
organic compounds (SVOCs) and metals in landfill leachate and ground
water were detected. The surface water runoff controls system,
including drainageways and the basins themselves, were found to have
trace concentrations of polycyclic aromatic hydrocarbons (PAHs) and
polychlorinated biphenyls (PCBs). Metals concentrations were also low
or within expected background ranges in the surface water control
system, with the exception of chromium which was detected at an
elevated level in an area located approximately 20 feet in length at
the downstream end of the drainage system. Soils beneath the former
landfill leachate collection pond contained extremely low levels of
VOCs and were not considered a source of ground water contamination.
Low levels of VOCs were detected in ground water downgradient of
the groundwater dam. Groundwater monitoring results since the RI have
shown that VOCs have remained at extremely low levels. The RI states
that only limited impacts to on-site groundwater have occurred, and no
impacts to the River sediments can be conclusively linked to the
landfill. Two private wells near the Site were sampled as part of the
RI, and results indicated these wells were not affected by the
landfill. There is no indication that ambient air quality at the Site
has been impacted by landfill gas emissions.
Assessment of the nature and extent of contaminants present at the
Site indicates that actual and threatened releases of hazardous
substances from the Site have substantially been addressed by the
implementation of the response actions already completed at the Site in
connection with the PADEP approved Post Closure Plan.
Initial Response
Prior to placement on the NPL in 1989, various response activities
were performed by WMPA including construction of a subsurface landfill
leachate-collection system/ground water dam on the south side of the
landfill; several system upgrades; hook-up of the landfill leachate
collection system to the local POTW sewer line; and, the closing of the
landfill leachate lagoon. The landfill stopped receiving waste in 1986
and a three-foot cap was placed on the landfill per the PADEP-approved
closure plan in 1986 and 1987. EPA listed the landfill on the National
Priorities List (NPL) on September 22, 1989.
EPA's Record of Decision (ROD) for the Site was signed in 1995.
Since actual and threatened releases of hazardous substances from the
Site had been extensively addressed by implementation of the response
actions already completed at the Site, the selected remedy in the 1995
ROD identified continuation of the operation and maintenance of the
Existing Treatment Scheme at the Site with the addition of
Institutional Controls. The implemented and still operational, Existing
Treatment Scheme includes: Continued operation and maintenance of the
existing ground water/leachate collection system; continued maintenance
of the PADEP-approved landfill cap and integrated surface water
drainage system; the passive landfill gas-venting system currently
installed at the landfill; continued maintenance of the existing ground
water dam; continued maintenance of the fence; and, continuation of the
existing monitoring program allowing for expansion, reduction or
modification by PADEP or EPA. To further protect the public from
exposure to hazardous substances, the selected remedy also called for
deed restrictions to: (1) Prohibit the installation of new on-site
potable wells and, (2) prohibit the excavation or disturbance of the
soil cap which would result in exposing fill materials. A consent
decree with EPA and the Responsible Parties for Remedial Design and
Remedial Action was entered in February 2000.
Response Actions
The 1995 ROD identifies deed restrictions for the property and the
operation and maintenance of the Existing Treatment Scheme at the Site
as the selected remedy. To ensure compliance with the ROD and the PADEP
Post-Closure Plan, routine inspections are performed on the following:
landfill cover system, surface water drainage system, landfill leachate
collection and conveyance system, groundwater monitoring wells and
other Site features such as Site fencing, road, and parking areas. The
landfill cover is inspected routinely to ensure its integrity and
continued proper functioning. The landfill leachate-collection and
conveyance system, including pumping and telemetry systems, is also
routinely inspected to ensure proper operation. Monitoring wells are
inspected during the quarterly sampling program for conditions such as
functioning of well locks, as well as integrity of protective casing,
visible portion of inner casing and concrete pad. The surface water
drainage system (sedimentation basins, outlet structures, and channels)
is also routinely inspected to ensure surface water management is
performing as designed.
Deed restrictions for the Site property were placed in the deed by
filing the restrictions with the Recorder Of Deeds of Mercer County,
Pennsylvania. The deed restrictions prohibit excavation or disturbance
of the soil cap which would result in exposing the fill materials,
prohibit the installation of new on-site wells for use for domestic
purposes including drinking water, and are designed to allow for
beneficial use of the property, providing that the beneficial use would
not pose a risk to human health or potential ecological receptors. The
deed restrictions prohibit the building of residential construction on
the Site. Buildings not intended for human living space (e.g., barns,
garages and similar building) are permitted. The deed restrictions are
valid and binding at the Township, County and Commonwealth levels.
Applicable Deletion Criteria
The remedy selected for this Site has been implemented in
accordance with the ROD. Therefore, no further response actions are
necessary other than operation and maintenance of the Existing
Treatment Scheme which will be completed under the PADEP Post-Closure
Plan (or modification as required and/or approved by PADEP or EPA) and
five-year reviews. The remedy
[[Page 55566]]
has resulted in the significant reduction of the long-term potential
for release of contaminants, and, therefore, human health and potential
environmental impacts have been minimized. EPA and the Commonwealth of
Pennsylvania find that the remedy implemented continues to provide
adequate protection of human health and the environment.
Dated: September 3, 2003.
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. 03-24410 Filed 9-25-03; 8:45 am]
BILLING CODE 6560-50-P