National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the C&D Recycling Superfund Site, 60901-60906 [2017-27801]
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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
contracts, chain of contracts, or
equivalent arrangements (when the
movement occurs between parties
controlled by the same corporate or
legal entity).
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7. Amend § 262.84 by revising
paragraphs (b)(4) and (f)(8) to read as
follows:
■
§ 262.84
Imports of hazardous waste.
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(b) * * *
(4) A notification is complete when
EPA determines the notification satisfies
the requirements of paragraphs (b)(1)(i)
through (xiii) of this section.
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(f) * * *
(8) Upon request by EPA, importers or
disposal or recovery facilities must
submit to EPA copies of contracts, chain
of contracts, or equivalent arrangements
(when the movement occurs between
parties controlled by the same corporate
or legal entity).
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[FR Doc. 2017–27525 Filed 12–22–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1987–0002; FRL–9972–
38–Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the C&D Recycling Superfund Site
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region III is publishing a
direct final Notice of Deletion of the
C&D Recycling Superfund Site (Site),
located in Foster Township,
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
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the
Commonwealth of Pennsylvania
(Commonwealth), through the
Pennsylvania Department of
Environmental Protection (PADEP),
because EPA has determined that all
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SUMMARY:
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appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude EPA from taking future actions
at the Site under Superfund.
DATES: This direct final deletion is
effective February 26, 2018 unless EPA
receives adverse comments by January
25, 2018. 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.
Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1987–0002 at https://
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Gregory Voigt, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region III, Mail Code 3HS21,
1650 Arch Street, Philadelphia, PA
19013, (215) 814–5737, email:
voigt.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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 Notice of Deletion of the
C&D Recycling Superfund Site, from the
National Priorities List (NPL). The NPL
constitutes Appendix B of 40 CFR part
300, which is the Oil and Hazardous
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60901
Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) of 1980, as amended.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in § 300.425(e)(3)
of the NCP, sites deleted from the NPL
remain eligible for Fund-financed
remedial actions if future conditions
warrant such actions.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that EPA is using for this action. Section
IV discusses the 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
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 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 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.
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
deletion of the Site:
(1) EPA consulted with the
Commonwealth prior to developing this
direct final Notice of Deletion and the
Notice of Intent to Delete co-published
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today in the ‘‘Proposed Rules’’ section
of the Federal Register.
(2) EPA has provided the
Commonwealth 30 working days for
review of this direct final Notice of
Deletion and the parallel Notice of
Intent to Delete prior to their
publication today, and the
Commonwealth, through PADEP, has
concurred on the deletion of the Site
from the NPL.
(3) Concurrently with the publication
of this direct final Notice of Deletion, a
notice of the availability of the parallel
Notice of Intent to Delete is being
published in a major local newspaper,
the Standard Speaker. The newspaper
notice announces the 30-day public
comment period concerning the Notice
of Intent to Delete the Site from the
NPL.
(4) EPA placed copies of documents
supporting the proposed deletion in the
deletion docket and made these items
available for public inspection and
copying at the Site information
repositories identified above.
(5) If adverse comments are received
within the 30-day public comment
period on this deletion action, EPA will
publish a timely notice of 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.
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IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The C&D Recycling Superfund Site
(the Site) (CERCLIS ID PAD021449244)
encompasses approximately 110 acres
and is located in a rural area along
Brickyard Road in Foster Township,
Luzerne County, Pennsylvania. From
1963 to 1978, Lurgan Corporation
operated a metal reclamation facility at
the Site. In 1979, the business was
conveyed to C&D Recycling, Inc. Both
Lurgan Corporation and C&D Recycling,
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Inc.’s operations involved the
reclamation of metals (i.e., copper and/
or lead) from cable and/or scrap metal
transported to the Site. Available
documentation suggests that lead was
recovered from cable and wire until the
mid-1970’s, after which limited burning
of lead cable at the Site occurred.
Typical Site operations involved
mechanical removal of the outer plastic
casing and burning of the inner lining,
sheathing or insulation to expose the
copper cable in one of five furnaces
located at the Site. The copper was
returned to the generator and the plastic
casing was stockpiled at the Site. Site
operations ceased in 1984. Currently,
portions of the Site are being used as a
wildlife refuge, while other portions are
either undeveloped, or contain private
residences.
EPA and PADEP collected analytical
data in 1984 and 1985 to evaluate the
relative hazards posed by the Site in the
Hazard Ranking System (HRS). An HRS
score of 43.92 was calculated for the
Site in April 1985, based primarily upon
the elevated levels of contamination in
Site soils, and sediment suspended
within the shallow dairy farm well
existing at the Site. In September 1985,
EPA proposed the Site for inclusion on
the NPL (50 FR 37630). The Site was
placed on the NPL on February 21, 1990
(55 FR 6154). In April 1986, PADEP
requested that EPA take the lead on the
Site response action.
EPA entered into an Administrative
Order on Consent, Docket Number III–
87–30–DC, on September 1, 1987, which
was subsequently amended in June
1988, Docket Number III–87–31–DC,
(collectively Consent Order) with AT&T
Nassau Metals Corporation (Nassau)
under which Nassau was required to: (1)
Implement erosion controls and security
measures to stabilize the Site; and (2)
investigate the nature and extent of
contamination and risks and develop
alternatives to address the
contamination at the Site. Nassau was
the only potentially responsible party
(PRP) to cooperate with EPA with
respect to Site response actions. At the
time of the Consent Order, Nassau was
a wholly owned subsidiary of Lucent
Technologies, Inc. (Lucent). Lucent
subsequently merged with Alcatel SA of
France on December 1, 2006 to form
Alcatel-Lucent SA. For clarity, Nassau
and Lucent will hereinafter collectively
be referred to as the PRP.
The PRP conducted the following
removal action activities under the
Consent Order:
• Consolidation and covering of ash
piles at the Site;
• Construction of sedimentation and
erosion controls to minimize migration
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of contaminated soil from the Site in
surface water runoff;
• Installation of fencing and seeding
to prevent exposure to contaminated
soil areas; and
• Removal of piles of cable casings
and transport off-site for recycling.
Remedial Investigation and Feasibility
Study (RI/FS)
The RI/FS was initiated at the Site in
September 1987. The final RI/FS Report
was completed in January 1992 and
approved by EPA in March 1992. The
area of contamination identified in the
RI/FS Report included the following:
• Approximately 26,273 cubic yards
(yds 3) of soil contaminated with lead,
copper, antimony and/or other
contaminants;
• Several small piles of ash
(approximately 165 yds 3) resulting from
the burning of material at the Site
contaminated with lead, copper, and
low levels of dioxins and furans;
• Approximately 1,200 linear feet of
Mill Hopper Creek (the Creek)
containing sediment contaminated with
lead, copper, and zinc;
• A 0.5-acre pond (Mill Hopper Pond
or the Pond) with contaminated
sediment (approximately 1,900 yds 3);
• Abarn and milkhouse used when
the property at the Site was a dairy
farm;
• A main facility building including
four furnaces used to burn cable;
• An underground storm water sewer
system, which contained approximately
24 yds 3 of contaminated sediment; and
• A small isolated furnace once used
to burn cable.
Selected Remedy
EPA issued the Record of Decision
(ROD) for the Site on September 30,
1992. The Remedial Action Objectives
(RAOs) specified in the ROD consisted
of:
1. Protection of human health and the
environment;
2. Source control and prevention of
migration of contamination from the
Site via wind and surface water
transport;
3. Source control of contaminants in
soil such that leaching of contamination
to groundwater will not occur in the
future;
4. Source control of soil, sediment,
and ash with lead concentrations greater
than 500 parts per million (ppm);
5. Decontamination of Site buildings;
and
6. Prevention to exposure to
contaminants.
The remedy selected in the ROD
(Selected Remedy) addressed
contaminated soil, ash, sediment,
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buildings, and structures and consisted
of the following components:
1. Confirmation, e.g., via sampling, of
the areal limits of soil and sediment
with lead contamination above 500 ppm
(including soil beneath buildings and
concrete slabs constructed after 1963 as
well as pavement and sediment in Mill
Hopper Creek and wetlands);
2. Performance of a Phase 1B
archeological survey in areas possessing
high or moderate archeological
sensitivity potentially impacted by the
Remedial Action;
3. Removal and off-Site disposal and/
or recycling of casing and wire;
4. Excavation of all soil with lead
contamination above 500 ppm resulting
from Site operations (excluding soil
beneath buildings and concrete slabs
constructed after 1963, or pavement
which shall otherwise be maintained to
prevent migration of contamination
from the Site);
5. Excavation of sediment from the
banks of Mill Hopper Pond with lead
levels greater than 500 ppm and
excavation of the top two feet of
sediment (or an amount sufficient to
secure a new substrate) from the pond
bottom to ensure that pond water
quality is not impacted;
6. Removal of sediment within Mill
Hopper Creek contaminated with lead
above 500 ppm;
7. Removal and sampling of all
sediment located within the storm water
sewer system located at the Site and
evaluation of the system’s integrity
(including drainage ditches) to
determine the potential for releases of
hazardous substances from the Site into
the soil and ground water and any
necessary response actions;
8. Excavation of all ash located at the
Site;
9. Post excavation/removal sampling
to confirm that ash, soil and sediment
cleanup levels are met;
10. On-Site stabilization of the
contaminated soil and sediment,
excavated and removed as described
above, to remove any characteristic of
hazardous waste;
11. On-Site stabilization of the
contaminated ash, excavated as
described above, to remove any
characteristic of hazardous waste;
12. Off-Site disposal of stabilized soil,
sediment, and ash into a non-hazardous
(RCRA Subtitle D) waste disposal
facility;
13. Decontamination of Site buildings
with lead levels in walls and floors
above 500 ppm, including dismantling
of non-structural components and
removal of equipment and debris which
may inhibit decontamination to
required levels, or demolition of
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buildings that cannot be cleaned to 500
ppm lead;
14. Dismantling of the old furnace and
other structures, as necessary, which
inhibit soil or sediment remediation and
which shall not be maintained, as
necessary, to prevent migration of
contaminants from the Site;
15. Off-Site disposal of material
generated from dismantling of Site
buildings into a non-hazardous (Subtitle
D) waste disposal facility or
decontamination and recycling of
dismantled material;
16. Performance of biota toxicity tests
on remaining soil and sediment to
ensure that remediated soil (i.e., soil
with lead levels no higher than 500
ppm) does not pose a threat to the
environment (procedures to be
determined during Remedial Design);
17. Site grading, revegetation, and
related work, to ensure that Site
topography and drainage ways
adequately convey water from the Site,
and that soil excavation does not result
in low lying areas;
18. Air monitoring during on-Site
activities, and implementation of dust
control or other necessary abatement
actions to prevent migration of
contaminants to the surrounding
community during the Remedial Action;
19. Abandoning wells which serve no
useful long-term purpose;
20. Periodic monitoring of ground
water and surface water; and
21. If the soil beneath pavement, or
soil beneath buildings and concrete
slabs constructed after 1963, contains
concentrations of lead greater than 500
ppm and these structures are not
demolished, then institutional controls,
(e.g., deed restrictions) will be
implemented to prevent residential use
potentially affecting the protectiveness
of the Selected Remedy, and to ensure
that Site contaminants which may
remain beneath buildings and pavement
are properly identified.
Consistent with the Site RAOs, the
Selected Remedy included
decontamination and/or demolition of
contaminated buildings and structures;
stabilization of contaminated soil, ash,
and sediment with lead levels greater
than 500 ppm, as needed; and disposal
of the stabilized and/or decontaminated
material into an off-Site landfill. As
stated in the ROD, EPA determined that
the selected soil cleanup level of 500
ppm lead (i.e., no confirmatory sample
collected shall exceed 500 ppm) is
protective of human health and would
not impact the environment. The
cleanup level of 500 ppm ensures that
the average soil lead level remaining on
any two-acre plot is less than
approximately 235 ppm, including
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60903
theoretical residential plots located on
the Site. Thus, EPA determined that
residual soil lead levels remaining at the
Site are protective.
Response Actions
All Remedial Design (RD), Remedial
Action (RA) and Operation and
Maintenance (O&M) activities for the
Site were conducted in accordance with
a Unilateral Administrative Order
(UAO) which was issued to the PRP on
August 9, 1994 (EPA Docket No. III–94–
18–DC). The UAO was subsequently
converted to a Consent Decree that was
signed and lodged with the District
Court for the Western District of
Pennsylvania on July 22, 1998 (Consent
Decree) (Civil Action No. 3:96–CV–562).
The RD was performed from October
1996 through February 1997 and
approved by EPA on May 8, 1998.
During the RD phase, Site preparation
work involved the removal of various
types of debris and cable casings from
the Site, as well as demolition and offSite disposal of the old furnace.
Construction of the RA was
conducted between February 1998 and
August 1999. EPA approved the
September 27, 2000 Remedial Action
Completion Report (RACR)
documenting completion of the RA.
Biotoxicity sampling of the Pond and
Creek and well abandonment, as
selected in the ROD, were completed in
2003 and 2002, respectively. In June
2016, EPA approved the Work
Completion Certification and Report
(WCCR) documenting completion of
these remaining components of the
Selected Remedy.
Performance Standards
The 2000 RACR documented that the
RA had attained the following
Performance Standards as specified in
the ROD:
1. The Phase IB Archeological Survey
shall comply with Guidelines on
Archaeology and Historic Preservation,
48 FR.44716–42 (September 29, 1983),
36 CFR parts 65 and 800.
2. Site activity shall not cause
exceedance of Pennsylvania Water
Quality Standards in Mill Hopper Creek,
25 PA Code §§ 93.3 through 93.8, or
exceedance of background water quality
in Mill Hopper Creek should
background quality exceed
Pennsylvania Water Quality Standards,
25 PA Code § 93.5 and water quality
criteria for toxic substances of 25 PA
Code Chapter 16. However, compliance
with Chapter 16 regulations will
consider the ambient background water
quality of Mill Hopper Creek and Mill
Hopper Pond.
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3. The stabilization process and/or
earth moving shall not generate dust
exceeding National Ambient Air Quality
Standards within 100 feet of the Area of
Contamination [Clean Air Act section
109, National Primary and Secondary
Ambient Air Quality Standards for lead,
40 CFR 50.12, and particulate matter, 40
CFR 50.6 and 40 CFR part 52, subpart
NN] [Pennsylvania’s Air Pollution
Control Act, 25 PA Code §§ 123.1 et.
seq, and 131.1 et. seq.]. Dust
suppression methods, e.g., wind
screens, water spray, or chemical agents,
shall be utilized to minimize dust. Air
monitoring shall be performed in
accordance with 40 CFR part 50,
Appendix G [25 PA Code §§ 123.1 et.
seq. and 131.1 et. seq.].
4. Excavation and consolidation of the
soil, sediment and ash shall comply
with the Pennsylvania Erosion Control
Regulations, 25 PA Code §§ 102.1 et.
seq., Pennsylvania’s Air Pollution
Control Act, 25 PA Code §§ 123.1 et.
seq. and 131.1 et. seq.
5. Diversion of Mill Hopper Creek
during implementation of Selected
Remedy shall comply with
Pennsylvania Dam Safety and Waterway
Management Regulations, 25 PA Code
§ 105.1 et. Seq.
6. Disposal of hazardous waste debris
generated from the decontamination,
dismantling and/or demolition of Site
buildings, the old furnace and any other
structures, shall comply with the Land
Disposal Restriction requirements of 40
CFR part 268.
7. The stabilized soil, sediment, and
ash shall be analyzed using the Toxic
Characteristic Leaching Procedure. No
sample of leachate from tested stabilized
material shall exceed the levels
specified in Table 20, below.
8. Cleanup levels for contaminants of
concern in soil and sediment (Table 20)
shall not be exceeded in any soil or
sediment sample, excluding areas not
impacted by the Site, remaining after
Site remediation.
TABLE 20—CLEANUP LEVELS FOR CONTAMINANTS OF POTENTIAL CONCERN CONTRIBUTING EXCESS CANCER RISK
GREATER THAN 1 X 10-6 OR HAZARD INDEX GREATER THAN 1
Media
Contaminant
Soil ...........................................................................................................
Lead ...............................................
Copper ...........................................
Antimony ........................................
PAHs ..............................................
PCBs ..............................................
Lead ...............................................
Copper ...........................................
Antimony ........................................
PAHs ..............................................
Arsenic ...........................................
Barium ...........................................
Cadmium .......................................
Chromium ......................................
Lead ...............................................
Mercury ..........................................
Selenium ........................................
Lead ...............................................
Copper ...........................................
Antimony ........................................
Sediment .................................................................................................
Stabilized Ash, Sediment and Soil (Extract) ...........................................
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Building Surfaces ....................................................................................
Post-RA sampling data demonstrated
that the Selected Remedy achieved the
RAOs selected in the ROD. Protection of
human health and the environment
(RAO #1) and prevention to exposure to
contaminants (RAO #6) were achieved
by ensuring that all performance
standards selected in the ROD were met,
as explained in Section 5.0 of the RACR.
Source control RAOs (RAO #2, #3, and
#4) were achieved by stabilizing
contaminated soil, ash, and sediment
with lead levels greater than 500 ppm,
as needed; and by disposing the
stabilized material into an off-Site
landfill, as explained in Sections 3.4
and 3.5 of the RACR. Decontamination
of on-Site buildings (RAO #5) was
achieved by ensuring that all on-Site
building surfaces were free from Site
contaminants, as explained in Section
3.3 of RACR.
During the RA, Site soils and
sediments with identified lead
concentrations of greater than the Site
clean-up level of 500 ppm were
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excavated, stabilized as appropriate, and
transported off-site for disposal at an
approved facility. Soil was excavated to
depths of up to four feet resulting in the
removal of approximately 43,800 cubic
yards of material. A total of 267 postexcavation soil samples were collected,
and confirmed that all identified
contamination was removed from the
Site, and that the cleanup level for lead
of 500 ppm selected in the ROD was
achieved.
As part of the RI/FS at the Site, a
monitoring well network consisting of
17 wells was completed. The wells were
sampled multiple times during the
course of the RI/FS. In the ROD, EPA
determined that the data obtained
during performance of the RI/FS
demonstrated that groundwater had not
been impacted by Site activities. The
ROD required additional monitoring of
Site groundwater for lead to evaluate
any possible impacts caused by the RA.
One pre-construction and two postconstruction groundwater sampling
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Clean-Up Level
500 ppm.
3300 ppm.
35 ppm.
1 ppm.
2 ppm.
500 ppm.
2900 ppm.
35 ppm.
1 ppm.
5 mg/L.
100 mg/L.
1 mg/L.
5 mg/L.
5 mg/L.
0.2 mg/L.
1 mg/L.
50 ug/m3, or 500 ppm.
1000 ug/m3, or 3300 ppm.
500 ug/m3, or 35 ppm.
events were conducted. Four on-site
shallow wells were sampled for lead to
monitor groundwater quality. The
groundwater sampling results confirmed
that Site construction activities during
the RA did not impact the groundwater
underlying the Site. Since all of the
groundwater monitoring activities
selected in the ROD were completed,
the remaining monitoring wells located
on-Site were subsequently abandoned
on August 26 through August 29, 2002.
The ROD also selected the
‘‘performance of biota toxicity tests on
remaining soil/sediment to ensure that
remediated soil (i.e., soil with lead
levels no higher than 500 ppm) does not
pose a threat to the environment’’. The
biotoxicity testing procedures employed
at the Site in order to meet the abovedescribed ROD requirement were
established in the Biotoxicity Testing
Plan (BTP).
The baseline biotoxicity sampling/
evaluation was conducted in May 1998
prior to the start of the RA. This testing
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was conducted for the purpose of
establishing the baseline biotoxicity of
Site sediments that were known to
contain lead concentrations that
exceeded the Site cleanup goal of 500
ppm. The evaluation was conducted on
samples collected at the Site and at a
nearby off-site reference location (a
pond approximately eight miles from
the Site).
The biotoxic effect threshold of Site
sediments was established to be 842
ppm lead based on the results of the
baseline biotoxicity evaluation. Three
additional biotoxicity sampling events
were conducted after the August 13,
1999 RA completion date in accordance
with the BTP. The Year 1 event
occurred on August 30, 2000, the Year
2 event occurred on September 20, 2002
and the Year 3 event occurred on
October 29, 2003.
During these three post-RA sampling
events, three out of a total of 52
sediment sample results from the Pond
and Creek were found to contain lead in
excess of the 500 ppm Site cleanup
level. In each instance, when an
elevated sample result for lead was
identified, the PRP performed
additional sediment sampling to
delineate the extent of lead sediment
concentrations in excess of 500 ppm
and then implemented a focused
excavation program to remove these
sediments from the Site. A total of eight
sampling rounds associated with the
three biotoxicity sampling events were
conducted after completion of the RA.
All lead analytical results of
sediments remaining in place after the
focused removal of sediments from the
Pond and Creek were less than the Site
lead cleanup goal of 500 ppm.
Therefore, subsequent bioassay testing
of the Year 1, 2 and 3 samples was not
performed.
Finally, sampling conducted by the
PRP in 1989 as part of the RI/FS showed
the isolated presence of low levels of
dioxin in the ash piles stored on-Site.
Specifically, two dioxin samples were
collected at the Site in 1989 from two
separate ash piles (designated ASH–B
and ASH–F) which were subsequently
excavated. The piles were analyzed for
2,3,7,8-tetrachlorodibenzo-p-dioxin
(TCDD), 2,3,7,8,tetrachlorodibenzofuran (TCDF) and
specific 2,3,7,8-dioxin congeners. Both
of the samples contained low levels of
chlorinated dioxins/furans. After
issuance of the 2012 preliminary
remediation goals for dioxin in soil, by
letter dated July 24, 2014, EPA required
the PRP to collect additional soil
samples at the Site to confirm that the
Selected Remedy was protective of
human health and the environment. By
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16:22 Dec 22, 2017
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letter dated October 13, 2015, EPA
informed the PRP that the sampling
results indicated that dioxin did not
exceed residential or commercial
screening levels in any of the samples
collected from native soil at the Site.
EPA subsequently issued a Final
Close Out Report (FCOR) for the Site
dated October 4, 2016. The FCOR
summarized all of the remedial
activities conducted at the Site, and
concluded that EPA has successfully
completed all response actions for the
Site in accordance with Close Out
Procedures for National Priorities List
Sites (OSWER Directive 9320.2–09A–P).
Operation and Maintenance
An O&M Plan dated April 29, 1998
was approved by EPA as part of the RD.
The O&M Plan identifies the O&M
activities that would be performed at the
Site after the RA was completed. The
O&M activities were intended to
address: (1) Erosion and sedimentation
control measures until sufficient
vegetative cover had re-established
itself; (2) post-remedy ground water
sampling; and (3) the sampling/
inspection requirements specified in the
BTP.
RA activities were completed on
August 13, 1999. Lucent conducted
inspections of the Site for the first year
after completion of the Site remediation
activities. These inspections were
conducted on a monthly basis and after
known significant storm events (e.g.,
rain events over one inch), as outlined
in the O&M Plan. Inspections were not
performed during winter months when
the ground was frozen or snow covered.
After the first year of monthly
inspections, quarterly inspections of the
Site were conducted for the following
four years as required by the O&M Plan.
During each Site inspection, the
vegetative cover, drainage channels and
swales, and remediated Creek
downstream of the Pond were inspected
to verify that they were in good
condition and functioning properly.
In accordance with the O&M Plan, the
revegetated Site was to be left in its
natural state and not mowed and no
future O&M is required.
Institutional Controls
The ROD selected ICs if soils
containing concentrations of lead over
500 ppm remain beneath the pavement,
or buildings and concrete slabs
constructed on-Site after 1963. Since all
Site soils with lead concentrations in
excess of 500 ppm were removed from
the Site during implementation of the
Selected Remedy, no ICs are required at
the Site. However, as an added
precaution, in March 1999, the then-
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60905
current owner of the original 46-acre
C&D property which contains the main
C&D Recycling building and several
abandoned farm structures, known as
Tax Parcel 11, filed a deed restriction in
the land records for that parcel. This
deed restriction limits access to the Site,
and prevents the Tax Parcel 11 from
being used for residential, commercial,
agricultural and/or recreational
purposes.
In May 2002, Tax Parcel 11 was
purchased at a tax sale, and title to the
property was redeeded under a
corporation named ‘‘Green Meadows
Conservancy, Inc.’’ on July 10, 2006.
Tax Parcel 11 property is now classified
as a wildlife preserve and there are no
plans for its redevelopment.
Based on the above information, EPA
has determined that there are no
hazardous substances present on-Site
above levels allowing for unlimited use
and unrestricted exposure now that the
Selected Remedy is complete. The Site
is, therefore, protective of human health
and the environment. No Five-Year
Reviews have been performed and they
are not required pursuant to CERCLA
section 121(c).
Community Involvement
EPA community relations staff
conducted an active campaign to ensure
that the residents were well informed
about activities at the Site. Community
relations activities included the
following:
• Public Meetings: May 1997.
• Township Supervisor Meetings:
April 1997 and May 1998.
• Fact Sheets: April 1998, December
1998, and June 1999.
Additionally, during the RA, EPA’s
Remedial Project Manager (RPM) met
with Foster Township representatives
on a weekly basis to provide an update
on the work accomplished and the
upcoming scheduled work.
In accordance with the requirements
of 40 CFR 300.425(e)(4), EPA’s
community involvement activities
associated with this deletion will
consist of placing the deletion docket in
the local Site information repository and
placing a public notice (of EPA’s intent
to delete the Site from the NPL) in the
Standard Speaker, a local newspaper of
general circulation.
Determination That the Site Meets the
Criteria for Deletion in the NCP
Construction of the Selected Remedy
at the Site has been completed and O&M
was completed in accordance with the
EPA-approved O&M Plan. All RAOs,
Performance Standards, and cleanup
goals established in the ROD have been
achieved and the Selected Remedy is
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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations
protective of human health and the
environment. No further Superfund
response is necessary to protect human
health and the environment.
The Site Deletion procedures
specified in 40 CFR 300.425(e) have
been followed for the deletion of the
Site.
V. Deletion Action
EPA, with concurrence of the
Commonwealth through PADEP, has
determined that all appropriate
response actions under CERCLA, have
been completed. 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. This
action will be effective February 26,
2018 unless EPA receives adverse
comments by January 25, 2018. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion, and it 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: December 1, 2017.
Cosmo Servidio,
Regional Administrator, EPA Region III.
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
1. The authority citation for part 300
continues to read as follows:
■
ethrower on DSK3G9T082PROD with RULES
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.
Appendix B to Part 300—[Amended]
2. Table 1 of appendix B to part 300
is amended by removing ‘‘PA’’, ‘‘C & D
Recycling’’, ‘‘Foster Township’’.
■
[FR Doc. 2017–27801 Filed 12–22–17; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
[EPA–HQ–OPPT–2017–0197; FRL–9970–02]
RIN 2070–AK32
Community Right-To-Know; Adopting
2017 North American Industry
Classification System (NAICS) Codes
for Toxics Release Inventory (TRI)
Reporting; Final Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In the Federal Register of
August 17, 2017, EPA published both a
direct final rule and a proposed rule to
update the list of North American
Industry Classification System (NAICS)
codes subject to reporting under the
Toxics Release Inventory (TRI) to reflect
the Office of Management and Budget
(OMB) 2017 NAICS code revision. As
noted in the direct final rule, if EPA
received relevant adverse comment on
the proposed update, the Agency would
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the direct final
action will not take effect, and instead
proceed to issue a final rule based on
the parallel proposed rule. The Agency
did receive a relevant adverse comment
on the proposed update, and withdrew
the direct final rule. This final rule
addresses the comment made on EPA’s
proposed rulemaking previously
published for this action.
DATES: This final rule is effective on
January 1, 2018.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0197, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact:
Stephanie Griffin, Toxics Release
Inventory Program Division, Mailcode
7410M, Office of Pollution Prevention
SUMMARY:
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and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–1463; email address:
griffin.stephanie@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Information Center;
telephone number: (800) 424–9346, TDD
(800) 553–7672; website: https://
www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by
this action if you own or operate
facilities that have 10 or more full-time
employees or the equivalent of 20,000
employee hours per year that
manufacture, process, or otherwise use
toxic chemicals listed on the TRI, and
that are required under section 313 of
the Emergency Planning and
Community Right-to-Know Act (EPCRA)
or section 6607 of the Pollution
Prevention Act (PPA) to report annually
to EPA and States or Tribes their
environmental releases or other waste
management quantities of covered
chemicals. (A rule was published on
April 19, 2012 (77 FR 23409), requiring
facilities located in Indian country to
report to the appropriate tribal
government official and EPA instead of
to the state and EPA).
The following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Facilities included in the following
2012 NAICS manufacturing codes
(corresponding to Standard Industrial
Classification (SIC) codes 20 through
39): 311*, 312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327,
331, 332, 333, 334*, 335*, 336, 337*,
339*, 111998*, 211112*, 212324*,
212325*, 212393*, 212399*, 488390*,
511110, 511120, 511130, 511140*,
511191, 511199, 512220, 512230*,
519130*, 541712*, or 811490*.
(*Exceptions and/or limitations exist for
these NAICS codes.)
• Facilities included in the following
2012 NAICS codes (corresponding to
SIC codes other than SIC codes 20
through 39): 212111, 212112, 212113
(corresponds to SIC code 12, Coal
Mining (except 1241)); or 212221,
212222, 212231, 212234, 212299
(corresponds to SIC code 10, Metal
Mining (except 1011, 1081, and 1094));
or 221111, 221112, 221113, 221118,
221121, 221122, 221330 (limited to
facilities that combust coal and/or oil
for the purpose of generating power for
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]]>Agencies
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60901-60906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27801]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-9972-38-Region 3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the C&D Recycling Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final Notice of Deletion of the C&D Recycling
Superfund Site (Site), located in Foster Township, 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 an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the Commonwealth of Pennsylvania (Commonwealth), through
the Pennsylvania Department of Environmental Protection (PADEP),
because EPA has determined that all appropriate response actions under
CERCLA have been completed. However, this deletion does not preclude
EPA from taking future actions at the Site under Superfund.
DATES: This direct final deletion is effective February 26, 2018 unless
EPA receives adverse comments by January 25, 2018. 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gregory Voigt, Remedial Project
Manager, U.S. Environmental Protection Agency, Region III, Mail Code
3HS21, 1650 Arch Street, Philadelphia, PA 19013, (215) 814-5737, email:
[email protected].
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 Notice of Deletion
of the C&D Recycling Superfund Site, from the National Priorities List
(NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is the
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) of
1980, as amended. EPA maintains the NPL as the list of sites that
appear to present a significant risk to public health, welfare, or the
environment. Sites on the NPL may be the subject of remedial actions
financed by the Hazardous Substance Superfund (Fund). As described in
Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain
eligible for Fund-financed remedial actions if future conditions
warrant such actions.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the 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
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 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 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.
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 deletion of the Site:
(1) EPA consulted with the Commonwealth prior to developing this
direct final Notice of Deletion and the Notice of Intent to Delete co-
published
[[Page 60902]]
today in the ``Proposed Rules'' section of the Federal Register.
(2) EPA has provided the Commonwealth 30 working days for review of
this direct final Notice of Deletion and the parallel Notice of Intent
to Delete prior to their publication today, and the Commonwealth,
through PADEP, has concurred on the deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Standard Speaker. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
(4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of 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:
Site Background and History
The C&D Recycling Superfund Site (the Site) (CERCLIS ID
PAD021449244) encompasses approximately 110 acres and is located in a
rural area along Brickyard Road in Foster Township, Luzerne County,
Pennsylvania. From 1963 to 1978, Lurgan Corporation operated a metal
reclamation facility at the Site. In 1979, the business was conveyed to
C&D Recycling, Inc. Both Lurgan Corporation and C&D Recycling, Inc.'s
operations involved the reclamation of metals (i.e., copper and/or
lead) from cable and/or scrap metal transported to the Site. Available
documentation suggests that lead was recovered from cable and wire
until the mid-1970's, after which limited burning of lead cable at the
Site occurred. Typical Site operations involved mechanical removal of
the outer plastic casing and burning of the inner lining, sheathing or
insulation to expose the copper cable in one of five furnaces located
at the Site. The copper was returned to the generator and the plastic
casing was stockpiled at the Site. Site operations ceased in 1984.
Currently, portions of the Site are being used as a wildlife refuge,
while other portions are either undeveloped, or contain private
residences.
EPA and PADEP collected analytical data in 1984 and 1985 to
evaluate the relative hazards posed by the Site in the Hazard Ranking
System (HRS). An HRS score of 43.92 was calculated for the Site in
April 1985, based primarily upon the elevated levels of contamination
in Site soils, and sediment suspended within the shallow dairy farm
well existing at the Site. In September 1985, EPA proposed the Site for
inclusion on the NPL (50 FR 37630). The Site was placed on the NPL on
February 21, 1990 (55 FR 6154). In April 1986, PADEP requested that EPA
take the lead on the Site response action.
EPA entered into an Administrative Order on Consent, Docket Number
III-87-30-DC, on September 1, 1987, which was subsequently amended in
June 1988, Docket Number III-87-31-DC, (collectively Consent Order)
with AT&T Nassau Metals Corporation (Nassau) under which Nassau was
required to: (1) Implement erosion controls and security measures to
stabilize the Site; and (2) investigate the nature and extent of
contamination and risks and develop alternatives to address the
contamination at the Site. Nassau was the only potentially responsible
party (PRP) to cooperate with EPA with respect to Site response
actions. At the time of the Consent Order, Nassau was a wholly owned
subsidiary of Lucent Technologies, Inc. (Lucent). Lucent subsequently
merged with Alcatel SA of France on December 1, 2006 to form Alcatel-
Lucent SA. For clarity, Nassau and Lucent will hereinafter collectively
be referred to as the PRP.
The PRP conducted the following removal action activities under the
Consent Order:
Consolidation and covering of ash piles at the Site;
Construction of sedimentation and erosion controls to
minimize migration of contaminated soil from the Site in surface water
runoff;
Installation of fencing and seeding to prevent exposure to
contaminated soil areas; and
Removal of piles of cable casings and transport off-site
for recycling.
Remedial Investigation and Feasibility Study (RI/FS)
The RI/FS was initiated at the Site in September 1987. The final
RI/FS Report was completed in January 1992 and approved by EPA in March
1992. The area of contamination identified in the RI/FS Report included
the following:
Approximately 26,273 cubic yards (yds \3\) of soil
contaminated with lead, copper, antimony and/or other contaminants;
Several small piles of ash (approximately 165 yds \3\)
resulting from the burning of material at the Site contaminated with
lead, copper, and low levels of dioxins and furans;
Approximately 1,200 linear feet of Mill Hopper Creek (the
Creek) containing sediment contaminated with lead, copper, and zinc;
A 0.5-acre pond (Mill Hopper Pond or the Pond) with
contaminated sediment (approximately 1,900 yds \3\);
Abarn and milkhouse used when the property at the Site was
a dairy farm;
A main facility building including four furnaces used to
burn cable;
An underground storm water sewer system, which contained
approximately 24 yds \3\ of contaminated sediment; and
A small isolated furnace once used to burn cable.
Selected Remedy
EPA issued the Record of Decision (ROD) for the Site on September
30, 1992. The Remedial Action Objectives (RAOs) specified in the ROD
consisted of:
1. Protection of human health and the environment;
2. Source control and prevention of migration of contamination from
the Site via wind and surface water transport;
3. Source control of contaminants in soil such that leaching of
contamination to groundwater will not occur in the future;
4. Source control of soil, sediment, and ash with lead
concentrations greater than 500 parts per million (ppm);
5. Decontamination of Site buildings; and
6. Prevention to exposure to contaminants.
The remedy selected in the ROD (Selected Remedy) addressed
contaminated soil, ash, sediment,
[[Page 60903]]
buildings, and structures and consisted of the following components:
1. Confirmation, e.g., via sampling, of the areal limits of soil
and sediment with lead contamination above 500 ppm (including soil
beneath buildings and concrete slabs constructed after 1963 as well as
pavement and sediment in Mill Hopper Creek and wetlands);
2. Performance of a Phase 1B archeological survey in areas
possessing high or moderate archeological sensitivity potentially
impacted by the Remedial Action;
3. Removal and off-Site disposal and/or recycling of casing and
wire;
4. Excavation of all soil with lead contamination above 500 ppm
resulting from Site operations (excluding soil beneath buildings and
concrete slabs constructed after 1963, or pavement which shall
otherwise be maintained to prevent migration of contamination from the
Site);
5. Excavation of sediment from the banks of Mill Hopper Pond with
lead levels greater than 500 ppm and excavation of the top two feet of
sediment (or an amount sufficient to secure a new substrate) from the
pond bottom to ensure that pond water quality is not impacted;
6. Removal of sediment within Mill Hopper Creek contaminated with
lead above 500 ppm;
7. Removal and sampling of all sediment located within the storm
water sewer system located at the Site and evaluation of the system's
integrity (including drainage ditches) to determine the potential for
releases of hazardous substances from the Site into the soil and ground
water and any necessary response actions;
8. Excavation of all ash located at the Site;
9. Post excavation/removal sampling to confirm that ash, soil and
sediment cleanup levels are met;
10. On-Site stabilization of the contaminated soil and sediment,
excavated and removed as described above, to remove any characteristic
of hazardous waste;
11. On-Site stabilization of the contaminated ash, excavated as
described above, to remove any characteristic of hazardous waste;
12. Off-Site disposal of stabilized soil, sediment, and ash into a
non-hazardous (RCRA Subtitle D) waste disposal facility;
13. Decontamination of Site buildings with lead levels in walls and
floors above 500 ppm, including dismantling of non-structural
components and removal of equipment and debris which may inhibit
decontamination to required levels, or demolition of buildings that
cannot be cleaned to 500 ppm lead;
14. Dismantling of the old furnace and other structures, as
necessary, which inhibit soil or sediment remediation and which shall
not be maintained, as necessary, to prevent migration of contaminants
from the Site;
15. Off-Site disposal of material generated from dismantling of
Site buildings into a non-hazardous (Subtitle D) waste disposal
facility or decontamination and recycling of dismantled material;
16. Performance of biota toxicity tests on remaining soil and
sediment to ensure that remediated soil (i.e., soil with lead levels no
higher than 500 ppm) does not pose a threat to the environment
(procedures to be determined during Remedial Design);
17. Site grading, revegetation, and related work, to ensure that
Site topography and drainage ways adequately convey water from the
Site, and that soil excavation does not result in low lying areas;
18. Air monitoring during on-Site activities, and implementation of
dust control or other necessary abatement actions to prevent migration
of contaminants to the surrounding community during the Remedial
Action;
19. Abandoning wells which serve no useful long-term purpose;
20. Periodic monitoring of ground water and surface water; and
21. If the soil beneath pavement, or soil beneath buildings and
concrete slabs constructed after 1963, contains concentrations of lead
greater than 500 ppm and these structures are not demolished, then
institutional controls, (e.g., deed restrictions) will be implemented
to prevent residential use potentially affecting the protectiveness of
the Selected Remedy, and to ensure that Site contaminants which may
remain beneath buildings and pavement are properly identified.
Consistent with the Site RAOs, the Selected Remedy included
decontamination and/or demolition of contaminated buildings and
structures; stabilization of contaminated soil, ash, and sediment with
lead levels greater than 500 ppm, as needed; and disposal of the
stabilized and/or decontaminated material into an off-Site landfill. As
stated in the ROD, EPA determined that the selected soil cleanup level
of 500 ppm lead (i.e., no confirmatory sample collected shall exceed
500 ppm) is protective of human health and would not impact the
environment. The cleanup level of 500 ppm ensures that the average soil
lead level remaining on any two-acre plot is less than approximately
235 ppm, including theoretical residential plots located on the Site.
Thus, EPA determined that residual soil lead levels remaining at the
Site are protective.
Response Actions
All Remedial Design (RD), Remedial Action (RA) and Operation and
Maintenance (O&M) activities for the Site were conducted in accordance
with a Unilateral Administrative Order (UAO) which was issued to the
PRP on August 9, 1994 (EPA Docket No. III-94-18-DC). The UAO was
subsequently converted to a Consent Decree that was signed and lodged
with the District Court for the Western District of Pennsylvania on
July 22, 1998 (Consent Decree) (Civil Action No. 3:96-CV-562).
The RD was performed from October 1996 through February 1997 and
approved by EPA on May 8, 1998. During the RD phase, Site preparation
work involved the removal of various types of debris and cable casings
from the Site, as well as demolition and off-Site disposal of the old
furnace.
Construction of the RA was conducted between February 1998 and
August 1999. EPA approved the September 27, 2000 Remedial Action
Completion Report (RACR) documenting completion of the RA. Biotoxicity
sampling of the Pond and Creek and well abandonment, as selected in the
ROD, were completed in 2003 and 2002, respectively. In June 2016, EPA
approved the Work Completion Certification and Report (WCCR)
documenting completion of these remaining components of the Selected
Remedy.
Performance Standards
The 2000 RACR documented that the RA had attained the following
Performance Standards as specified in the ROD:
1. The Phase IB Archeological Survey shall comply with Guidelines
on Archaeology and Historic Preservation, 48 FR.44716-42 (September 29,
1983), 36 CFR parts 65 and 800.
2. Site activity shall not cause exceedance of Pennsylvania Water
Quality Standards in Mill Hopper Creek, 25 PA Code Sec. Sec. 93.3
through 93.8, or exceedance of background water quality in Mill Hopper
Creek should background quality exceed Pennsylvania Water Quality
Standards, 25 PA Code Sec. 93.5 and water quality criteria for toxic
substances of 25 PA Code Chapter 16. However, compliance with Chapter
16 regulations will consider the ambient background water quality of
Mill Hopper Creek and Mill Hopper Pond.
[[Page 60904]]
3. The stabilization process and/or earth moving shall not generate
dust exceeding National Ambient Air Quality Standards within 100 feet
of the Area of Contamination [Clean Air Act section 109, National
Primary and Secondary Ambient Air Quality Standards for lead, 40 CFR
50.12, and particulate matter, 40 CFR 50.6 and 40 CFR part 52, subpart
NN] [Pennsylvania's Air Pollution Control Act, 25 PA Code Sec. Sec.
123.1 et. seq, and 131.1 et. seq.]. Dust suppression methods, e.g.,
wind screens, water spray, or chemical agents, shall be utilized to
minimize dust. Air monitoring shall be performed in accordance with 40
CFR part 50, Appendix G [25 PA Code Sec. Sec. 123.1 et. seq. and 131.1
et. seq.].
4. Excavation and consolidation of the soil, sediment and ash shall
comply with the Pennsylvania Erosion Control Regulations, 25 PA Code
Sec. Sec. 102.1 et. seq., Pennsylvania's Air Pollution Control Act, 25
PA Code Sec. Sec. 123.1 et. seq. and 131.1 et. seq.
5. Diversion of Mill Hopper Creek during implementation of Selected
Remedy shall comply with Pennsylvania Dam Safety and Waterway
Management Regulations, 25 PA Code Sec. 105.1 et. Seq.
6. Disposal of hazardous waste debris generated from the
decontamination, dismantling and/or demolition of Site buildings, the
old furnace and any other structures, shall comply with the Land
Disposal Restriction requirements of 40 CFR part 268.
7. The stabilized soil, sediment, and ash shall be analyzed using
the Toxic Characteristic Leaching Procedure. No sample of leachate from
tested stabilized material shall exceed the levels specified in Table
20, below.
8. Cleanup levels for contaminants of concern in soil and sediment
(Table 20) shall not be exceeded in any soil or sediment sample,
excluding areas not impacted by the Site, remaining after Site
remediation.
Table 20--Cleanup Levels for Contaminants of Potential Concern
Contributing Excess Cancer Risk Greater Than 1 x 10-6 or Hazard Index
Greater Than 1
------------------------------------------------------------------------
Media Contaminant Clean-Up Level
------------------------------------------------------------------------
Soil............................ Lead.............. 500 ppm.
Copper............ 3300 ppm.
Antimony.......... 35 ppm.
PAHs.............. 1 ppm.
PCBs.............. 2 ppm.
Sediment........................ Lead.............. 500 ppm.
Copper............ 2900 ppm.
Antimony.......... 35 ppm.
PAHs.............. 1 ppm.
Stabilized Ash, Sediment and Arsenic........... 5 mg/L.
Soil (Extract).
Barium............ 100 mg/L.
Cadmium........... 1 mg/L.
Chromium.......... 5 mg/L.
Lead.............. 5 mg/L.
Mercury........... 0.2 mg/L.
Selenium.......... 1 mg/L.
Building Surfaces............... Lead.............. 50 ug/m3, or 500
ppm.
Copper............ 1000 ug/m3, or
3300 ppm.
Antimony.......... 500 ug/m3, or 35
ppm.
------------------------------------------------------------------------
Post-RA sampling data demonstrated that the Selected Remedy
achieved the RAOs selected in the ROD. Protection of human health and
the environment (RAO #1) and prevention to exposure to contaminants
(RAO #6) were achieved by ensuring that all performance standards
selected in the ROD were met, as explained in Section 5.0 of the RACR.
Source control RAOs (RAO #2, #3, and #4) were achieved by stabilizing
contaminated soil, ash, and sediment with lead levels greater than 500
ppm, as needed; and by disposing the stabilized material into an off-
Site landfill, as explained in Sections 3.4 and 3.5 of the RACR.
Decontamination of on-Site buildings (RAO #5) was achieved by ensuring
that all on-Site building surfaces were free from Site contaminants, as
explained in Section 3.3 of RACR.
During the RA, Site soils and sediments with identified lead
concentrations of greater than the Site clean-up level of 500 ppm were
excavated, stabilized as appropriate, and transported off-site for
disposal at an approved facility. Soil was excavated to depths of up to
four feet resulting in the removal of approximately 43,800 cubic yards
of material. A total of 267 post-excavation soil samples were
collected, and confirmed that all identified contamination was removed
from the Site, and that the cleanup level for lead of 500 ppm selected
in the ROD was achieved.
As part of the RI/FS at the Site, a monitoring well network
consisting of 17 wells was completed. The wells were sampled multiple
times during the course of the RI/FS. In the ROD, EPA determined that
the data obtained during performance of the RI/FS demonstrated that
groundwater had not been impacted by Site activities. The ROD required
additional monitoring of Site groundwater for lead to evaluate any
possible impacts caused by the RA. One pre-construction and two post-
construction groundwater sampling events were conducted. Four on-site
shallow wells were sampled for lead to monitor groundwater quality. The
groundwater sampling results confirmed that Site construction
activities during the RA did not impact the groundwater underlying the
Site. Since all of the groundwater monitoring activities selected in
the ROD were completed, the remaining monitoring wells located on-Site
were subsequently abandoned on August 26 through August 29, 2002.
The ROD also selected the ``performance of biota toxicity tests on
remaining soil/sediment to ensure that remediated soil (i.e., soil with
lead levels no higher than 500 ppm) does not pose a threat to the
environment''. The biotoxicity testing procedures employed at the Site
in order to meet the above-described ROD requirement were established
in the Biotoxicity Testing Plan (BTP).
The baseline biotoxicity sampling/evaluation was conducted in May
1998 prior to the start of the RA. This testing
[[Page 60905]]
was conducted for the purpose of establishing the baseline biotoxicity
of Site sediments that were known to contain lead concentrations that
exceeded the Site cleanup goal of 500 ppm. The evaluation was conducted
on samples collected at the Site and at a nearby off-site reference
location (a pond approximately eight miles from the Site).
The biotoxic effect threshold of Site sediments was established to
be 842 ppm lead based on the results of the baseline biotoxicity
evaluation. Three additional biotoxicity sampling events were conducted
after the August 13, 1999 RA completion date in accordance with the
BTP. The Year 1 event occurred on August 30, 2000, the Year 2 event
occurred on September 20, 2002 and the Year 3 event occurred on October
29, 2003.
During these three post-RA sampling events, three out of a total of
52 sediment sample results from the Pond and Creek were found to
contain lead in excess of the 500 ppm Site cleanup level. In each
instance, when an elevated sample result for lead was identified, the
PRP performed additional sediment sampling to delineate the extent of
lead sediment concentrations in excess of 500 ppm and then implemented
a focused excavation program to remove these sediments from the Site. A
total of eight sampling rounds associated with the three biotoxicity
sampling events were conducted after completion of the RA.
All lead analytical results of sediments remaining in place after
the focused removal of sediments from the Pond and Creek were less than
the Site lead cleanup goal of 500 ppm. Therefore, subsequent bioassay
testing of the Year 1, 2 and 3 samples was not performed.
Finally, sampling conducted by the PRP in 1989 as part of the RI/FS
showed the isolated presence of low levels of dioxin in the ash piles
stored on-Site. Specifically, two dioxin samples were collected at the
Site in 1989 from two separate ash piles (designated ASH-B and ASH-F)
which were subsequently excavated. The piles were analyzed for 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD), 2,3,7,8,-tetrachlorodibenzofuran
(TCDF) and specific 2,3,7,8-dioxin congeners. Both of the samples
contained low levels of chlorinated dioxins/furans. After issuance of
the 2012 preliminary remediation goals for dioxin in soil, by letter
dated July 24, 2014, EPA required the PRP to collect additional soil
samples at the Site to confirm that the Selected Remedy was protective
of human health and the environment. By letter dated October 13, 2015,
EPA informed the PRP that the sampling results indicated that dioxin
did not exceed residential or commercial screening levels in any of the
samples collected from native soil at the Site.
EPA subsequently issued a Final Close Out Report (FCOR) for the
Site dated October 4, 2016. The FCOR summarized all of the remedial
activities conducted at the Site, and concluded that EPA has
successfully completed all response actions for the Site in accordance
with Close Out Procedures for National Priorities List Sites (OSWER
Directive 9320.2-09A-P).
Operation and Maintenance
An O&M Plan dated April 29, 1998 was approved by EPA as part of the
RD. The O&M Plan identifies the O&M activities that would be performed
at the Site after the RA was completed. The O&M activities were
intended to address: (1) Erosion and sedimentation control measures
until sufficient vegetative cover had re-established itself; (2) post-
remedy ground water sampling; and (3) the sampling/inspection
requirements specified in the BTP.
RA activities were completed on August 13, 1999. Lucent conducted
inspections of the Site for the first year after completion of the Site
remediation activities. These inspections were conducted on a monthly
basis and after known significant storm events (e.g., rain events over
one inch), as outlined in the O&M Plan. Inspections were not performed
during winter months when the ground was frozen or snow covered. After
the first year of monthly inspections, quarterly inspections of the
Site were conducted for the following four years as required by the O&M
Plan. During each Site inspection, the vegetative cover, drainage
channels and swales, and remediated Creek downstream of the Pond were
inspected to verify that they were in good condition and functioning
properly.
In accordance with the O&M Plan, the revegetated Site was to be
left in its natural state and not mowed and no future O&M is required.
Institutional Controls
The ROD selected ICs if soils containing concentrations of lead
over 500 ppm remain beneath the pavement, or buildings and concrete
slabs constructed on-Site after 1963. Since all Site soils with lead
concentrations in excess of 500 ppm were removed from the Site during
implementation of the Selected Remedy, no ICs are required at the Site.
However, as an added precaution, in March 1999, the then-current owner
of the original 46-acre C&D property which contains the main C&D
Recycling building and several abandoned farm structures, known as Tax
Parcel 11, filed a deed restriction in the land records for that
parcel. This deed restriction limits access to the Site, and prevents
the Tax Parcel 11 from being used for residential, commercial,
agricultural and/or recreational purposes.
In May 2002, Tax Parcel 11 was purchased at a tax sale, and title
to the property was redeeded under a corporation named ``Green Meadows
Conservancy, Inc.'' on July 10, 2006. Tax Parcel 11 property is now
classified as a wildlife preserve and there are no plans for its
redevelopment.
Based on the above information, EPA has determined that there are
no hazardous substances present on-Site above levels allowing for
unlimited use and unrestricted exposure now that the Selected Remedy is
complete. The Site is, therefore, protective of human health and the
environment. No Five-Year Reviews have been performed and they are not
required pursuant to CERCLA section 121(c).
Community Involvement
EPA community relations staff conducted an active campaign to
ensure that the residents were well informed about activities at the
Site. Community relations activities included the following:
Public Meetings: May 1997.
Township Supervisor Meetings: April 1997 and May 1998.
Fact Sheets: April 1998, December 1998, and June 1999.
Additionally, during the RA, EPA's Remedial Project Manager (RPM)
met with Foster Township representatives on a weekly basis to provide
an update on the work accomplished and the upcoming scheduled work.
In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's
community involvement activities associated with this deletion will
consist of placing the deletion docket in the local Site information
repository and placing a public notice (of EPA's intent to delete the
Site from the NPL) in the Standard Speaker, a local newspaper of
general circulation.
Determination That the Site Meets the Criteria for Deletion in the NCP
Construction of the Selected Remedy at the Site has been completed
and O&M was completed in accordance with the EPA-approved O&M Plan. All
RAOs, Performance Standards, and cleanup goals established in the ROD
have been achieved and the Selected Remedy is
[[Page 60906]]
protective of human health and the environment. No further Superfund
response is necessary to protect human health and the environment.
The Site Deletion procedures specified in 40 CFR 300.425(e) have
been followed for the deletion of the Site.
V. Deletion Action
EPA, with concurrence of the Commonwealth through PADEP, has
determined that all appropriate response actions under CERCLA, have
been completed. 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. This action will
be effective February 26, 2018 unless EPA receives adverse comments by
January 25, 2018. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion, and it 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: December 1, 2017.
Cosmo Servidio,
Regional Administrator, EPA Region III.
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.
Appendix B to Part 300--[Amended]
0
2. Table 1 of appendix B to part 300 is amended by removing ``PA'', ``C
& D Recycling'', ``Foster Township''.
[FR Doc. 2017-27801 Filed 12-22-17; 8:45 am]
BILLING CODE 6560-50-P
