[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Rules and Regulations]
[Pages 74448-74451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-27168]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7844-6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final deletion of the York County Solid Waste and Refuse 
Authority Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final notice of deletion of the York County Solid 
Waste and Refuse Authority Superfund Site (Site) located in Hopewell 
Township, York County, Pennsylvania, from the National Priorities List 
(NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final notice of deletion is being published by EPA with the 
concurrence of the Commonwealth of Pennsylvania, through the 
Pennsylvania Department of Environmental Protection (PADEP) because EPA 
has determined that all appropriate response actions under CERCLA have 
been completed and, therefore, further remedial action pursuant to 
CERCLA is not appropriate.

DATES: This direct final deletion will be effective February 14, 2005, 
unless EPA receives adverse comments by January 13, 2005. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Larry Johnson, Community 
Involvement Coordinator (3HS43), U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103 ((215) 814-3239).
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site Information 
Repositories at the following location: U.S. EPA Region III, Regional 
Center for Environmental Information (RCEI), 1650 Arch Street, 
Philadelphia, PA 19103 (phone: (215) 814-5364, open Monday through 
Friday 8 a.m. to 4:30 p.m) and the Mason-Dixon Public Library, Main 
Street, Stewartstown, Pennsylvania 17363.

FOR FURTHER INFORMATION CONTACT: Romuald A. Roman, Remedial Project 
Manager (3HS22), U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
PA 19103 (phone: (215) 814-3212; fax: (215) 814-3002; e-mail: 
roman.romuald@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

    EPA Region III is publishing this direct final deletion of the York 
County Solid Waste and Refuse Authority Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec.  300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective February 14, 2005 
unless EPA receives adverse comments by January 13, 2005 on this notice 
or the parallel notice of intent to delete published in the Proposed 
Rules section of today's Federal Register. If adverse comments are 
received within the 30-day public comment period on this notice or the 
notice of intent to delete, EPA will publish a timely withdrawal of 
this direct final deletion before the effective date of the deletion 
and the deletion will not take effect. EPA will, as appropriate, 
prepare a response to comments and continue with the deletion process 
on the basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures

[[Page 74449]]

that EPA is using for this action. Section IV discusses the York County 
Solid Waste and Refuse Authority Superfund Site and demonstrates how it 
meets the deletion criteria. Section V discusses EPA's action to delete 
the Site from the NPL unless adverse comments are received during the 
public comment period.

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 the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response 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, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA Section 
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the 
site be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action 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 deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the Commonwealth of Pennsylvania on the 
deletion of the Site from the NPL prior to developing this direct final 
notice of deletion.
    (2) The Commonwealth of Pennsylvania concurred with the deletion of 
the Site from the NPL.
    (3) Concurrently with the publication of this direct final 
deletion, a notice of the availability of the parallel notice of intent 
to delete published today in the ``Proposed Rules'' section of the 
Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to the 
appropriate federal, state, and local government officials and other 
interested parties; the newspaper notice announces the 30-day public 
comment period concerning the notice of intent to delete the Site from 
the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, EPA will publish a 
timely withdrawal of this direct final notice of deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the notice of intent to 
delete and the comments already received.
    Deletion of a Site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. 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, should 
future conditions warrant such actions.

IV. Basis For Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

A. Site Location

    The York County Solid Waste and Refuse Authority Superfund Site 
(Site) is located in Hopewell Township, York County, Pennsylvania, 
approximately two miles northwest of the center of Stewartstown 
Borough, Pennsylvania. The Site consists of a 135-acre inactive 
municipal landfill containing three unlined cells and a plume of 
contamination emanating from these cells. Adjacent to the former 
landfill is a currently operating, permitted landfill of approximately 
45 acres that is not part of the NPL Site.

B. Site History

    The York County Solid Waste and Refuse Authority (YCSWRA) was 
established in 1971 and commenced landfill operations at the Site by 
1974. The landfill operated between 1974 and 1985 and received 
approximately 400 tons of waste daily. The landfill ceased operation in 
1985 and was closed in accordance with a closure plan approved by the 
Pennsylvania Department of Environmental Resources (PADER, now the 
Pennsylvania Department of Environmental Protection or PADEP).
    An investigation conducted by PADER between 1982 and 1984 revealed 
that volatile organic compounds (VOCs) were migrating from the landfill 
and contaminating adjacent residential wells. In 1984, YSCWRA entered 
into an Agreement for Amicable Action and Consent Decree with PADER 
(1984 PADER Agreement) which required YCSWRA to, among other things, 
construct a lined landfill, implement a ground water treatment and 
monitoring program for the Site, and provide potable water to the 
residents whose water was contaminated by the Site. In 1984 and 1985, 
YCSWRA installed additional ground water monitoring wells, constructed 
and started operating the adjacent lined landfill, and constructed and 
started operating the ground water contamination containment/extraction 
and treatment system for the Site. The treatment system currently in 
operation consists of seventeen pumping wells and three air stripping 
treatment towers. Effluent from the air stripping towers is discharged 
to two National Pollutant Discharge Elimination System (NPDES) 
permitted outfalls on streams adjacent to the former landfill. 
Additionally, YCSWRA currently supplies and maintains a point-of-entry 
carbon filter treatment system for eight residents and provides bottled 
drinking water to two residents whose domestic wells do not appear to 
have been impacted by the Site.
    EPA completed a Preliminary Assessment/Site Investigation (PA/SI) 
for the Site in July 1984. The PA/SI confirmed the earlier findings 
that ground water beneath and beyond the landfill was contaminated with 
VOCs and that contamination had migrated to adjacent wells. EPA 
proposed the Site for inclusion on the National Priorities List (NPL) 
in April 1985. The Site was finalized on the NPL on July 22, 1987.
    In December 1987, PADER and the YCSWRA entered into a Consent Order 
and Agreement requiring YCSWRA to perform a Remedial Investigation and 
Feasability Study (RI/FS) at the Site to ascertain the nature and 
extent of contamination and evaluate cleanup actions. The RI/FS was 
started in 1988 and was finalized in 1994. The Risk Assessment (RA) 
completed during the RI/FS identified ground water contamination 
beneath and beyond the

[[Page 74450]]

boundaries of the Site as posing an unacceptable level of risk.
    On December 29, 1994, EPA issued a Record of Decision (ROD) 
selecting remedial action for implementation at the Site. The selected 
remedy consisted of the following components:
    1. Continued operation of the currently existing ground water 
extraction and air stripper treatment system at the landfill;
    2. Continued operation and maintenance of the point of entry ground 
water carbon filter treatment systems and/or provision of bottled water 
for affected private wells as necessary;
    3. Continued maintenance of the landfill's soil and vegetated cap 
and the passive gas venting system currently in place at the landfill;
    4. Continued sampling of ground water and treated water to ensure 
that treatment components are effective and ground water remediation is 
progressing toward required cleanup levels;
    5. Implementation of a monitoring program to assess the 
effectiveness of the ground water treatment system and its impact on 
down-gradient surface water and wetland habitat;
    6. Implementation of a monitoring program to assess the impact of 
the treated effluent discharge on the environmental quality of surface 
waters and sediments in the streams where the outfalls are located;
    7. Deed restrictions to prohibit the installation of new on-Site 
wells in areas of contamination that do not meet applicable or relevant 
and appropriate requirements (ARARs), which restrictions can be 
withdrawn when ARARs are achieved; and
    8. Deed restrictions to prohibit the excavation or disturbance of 
the soil cap which results in exposing the fill materials.
    In 1997, the YCSWRA entered into a Consent Order (1997 Consent 
Order) with EPA which required YCSWRA to implement a removal action 
consisting of certain actions selected by EPA in the ROD. The 1997 
Consent Order did not expressly require that YCSWRA continue 
implementation of the pump and treat, maintenance, and sampling 
activities called for in the 1984 PADER Agreement; rather, the 1997 
Consent Order required that YCSWRA describe to EPA, on a monthly basis, 
all actions undertaken at the Site to comply with that 1984 PADER 
Agreement. Since 1997, YCSWRA has complied with the 1997 Consent Order 
by, among other things, identifying all actions taken at the Site 
pursuant to the 1984 PADER Agreement, performed monitoring to assess 
the effectiveness of the actions taken pursuant to the 1984 PADER 
Agreement on down gradient surface water and wetland habitat and the 
impact of the treated effluent discharge on the environmental quality 
of surface waters where outfalls are located, implemented deed 
restrictions to prohibit the extraction of groundwater from the Site 
for drinking water and other residential uses; and implemented deed 
restrictions to prohibit all extraction or disturbance of the soil cap 
which may result in the exposure of fill material (except for certain 
limited exceptions). Deed restrictions were developed and placed in the 
deed to the Site by filing the restrictions with the Recorder of Deeds. 
The deed restrictions prohibit the use of ground water at the Site and 
prohibit unauthorized excavation or disturbance of the soil cap. The 
continued need for deed restrictions will be reevaluated during the 
Five-Year Reviews which will be conducted for the Site.
    On September 27, 2004 EPA issued an Explanation of Significant 
Differences (ESD) which announced a significant, but not fundamental, 
change to the remedial action selected in the ROD. The ESD eliminated 
the items numbered 1-4 in the list above from the components of the 
remedial action. EPA made this change because (a) the 1984 PADER 
Agreement requires that YCSWRA conduct these actions under PADEP's 
oversight, (b) based on YCSWRA's past performance under the 1984 PADEP 
Agreement, EPA expects that YCSWRA will continue to conduct these 
actions under PADEP's oversight, and (c) YCSWRA is required, under the 
1997 Consent Order with EPA, to report to EPA all actions taken to 
comply with the 1984 PADEP Agreement on a monthly basis. The ESD 
explained that EPA will continue to monitor YCSWRA's performance of 
these actions that are required by the 1984 PADEP Agreement through the 
monthly reports received pursuant to the 1997 Consent Order.

C. Characterization of Risk

    An assessment of the risk associated with the Site was conducted 
during the Remedial Investigation to characterize the current and 
potential threats to human health and the environment based on 
reasonable maximum exposures to contaminants in the ground water, soil, 
migration of contaminants to surface water, sediments, and exposure to 
the air. The Risk Assessment (RA) identified ground water contamination 
beneath and beyond the boundaries of the Site as posing an unacceptable 
level of risk. The RA was used to evaluate the need for remedial action 
and to determine the levels to which site related contaminants would 
need to be treated to ensure the protection of human health and the 
environment. Current land use in the vicinity of the Site is 
residential and agricultural and is expected to remain as such in the 
future. Ground water beneath the Site is classified as a source of 
drinking water and contaminants from the Site have migrated towards 
private drinking water wells through the ground water flow system. 
Residents who obtain water from private wells which have an in-place 
point of entry (POE) carbon filter treatment systems filter treatment 
system. The supply, maintenance and proper disposal of the filters is 
conduced by YCSWRA and is required by the 1984 PADER Agreement.
    Currently there is a 3\1/2\-13 foot vegetated soil cover over the 
former landfill. As a result no risk to human health or the environment 
is currently present nor should any future risk occur as long as the 
cap integrity is maintained.

D. Future Activity

Operation and Maintenance
    The YCSWRA maintains a permanent office at the landfill and 
performs regularly scheduled monitoring and response activities which 
include monitoring NPDES discharges, flow rates from remediation wells, 
depth-to-water in remediation wells, water quality in remediation and 
monitoring wells, water quality in residential wells, and groundwater 
flow; maintaining residential filters; and maintaining the cap and 
vegetative cover. Pumping and treating, which is being completed under 
the 1984 PADER Agreement, has been successful in containing 
contaminated ground water and in providing a potable water supply to 
residents with impacted wells. Pumping and treating will be continued 
until the maximum contaminant levels (MCLs) for each contaminant of 
concern or background, which ever is more stringent, is achieved and 
maintained throughout the entire plume of contamination for a period of 
12 consecutive quarters. Residential filtration units will continue to 
be maintained for those residences whose wells are affected.
Five-Year Reviews
    The NCP requires that if EPA selects remedial action that results 
in any hazardous substances remaining at a site above levels that allow 
for unlimited use and unrestricted exposure, EPA must conduct a review 
of such remedial

[[Page 74451]]

action no less often than every five years following initiation of that 
remedial action to ensure that human health and the environment are 
being protected. EPA has determined as a matter of policy that such 
reviews will also be conducted if a removal action leaves hazardous 
substances on site above levels that allow for unlimited use and 
unrestricted exposure and no remedial action has taken or will take 
place. Since ground water contamination remains at the Site above 
levels that allow for unlimited use and unrestricted exposure, EPA will 
use the five-year review process to ensure protection of human health 
and the environment. EPA completed the first five-year review of the 
Site on September 30, 2002. In that five-year review, EPA determined 
that the immediate threats have been addressed and the actions taken 
have been protective of human health and the environment. EPA plans to 
complete the next five year review prior to September 30, 2009.

E. 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 which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with the concurrence of the Commonwealth of Pennsylvania, 
has determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA, other 
than O&M of the existing treatment system which will be completed under 
the 1984 PADER Agreement and five-year reviews, are necessary. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective February 14, 2005 
unless EPA receives adverse comments by January 13, 2005 on a parallel 
notice of intent to delete published in the Proposed Rule section of 
today's Federal Register. If adverse comments are received within the 
30-day public comment period on the proposal, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and the deletion will not take effect. EPA will 
prepare a response to comments and continue with the deletion process 
on the basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: October 26, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR., 1991 Comp., p.351; E.O. 12580, 52 FR 
2923, 3 CFR., 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing the site 
name ``York County Solid Waste and Refuse Authority, Hopewell Township, 
PA.''

[FR Doc. 04-27168 Filed 12-13-04; 8:45 am]
BILLING CODE 6560-50-P