[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]


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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).

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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

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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