[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Rules and Regulations]
[Pages 50714-50717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21596]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7547-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final deletion of the Resin Disposal 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 Resin Disposal 
Superfund Site (Site) located in the Borough of Jefferson, Allegheny 
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 at the Site and, therefore, further remedial action 
at the Site pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be effective October 21, 2003, 
unless EPA receives adverse comments by September 22, 2003. 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: Trish Taylor, Community 
Involvement Coordinator, (3HS43), U.S. EPA Region III, 1650 Arch 
Street, Philadelphia, PA 19103, (215) 814-5539, [email protected].
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site Information 
Repositories at the following locations: U.S. EPA Region III, Regional 
Center for Environmental Information (RCEI), 1650 Arch Street, 
Philadelphia, PA 19103, (215) 814-5364, Monday through Friday 8 a.m. to 
4:30 p.m.; the Jefferson Borough Library (contact, Ann Reschenthaler), 
Municipal Building, 925 Old Clairton Road, Jefferson Borough, 
Pennsylvania 15025 (412) 655-7741, Monday through Thursday 11 a.m. to 
8:30 p.m.; and the Pennsylvania Department of Environmental Protection, 
Pittsburgh Office, 400 Waterfront Drive, Pittsburgh, PA 15222 (412) 
442-4197.

FOR FURTHER INFORMATION CONTACT: Rashmi Mathur, Remedial Project 
Manager (3HS22), U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
PA 19103, (215) 814-5234, [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 deletion of the 
Resin Disposal Superfund Site from the NPL.
    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, a site 
deleted from the NPL remains eligible for remedial actions if 
conditions at the site warrant such actions.
    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 October 21, 2003 unless 
EPA receives adverse comments by September 22, 2003 on this document. 
If adverse comments are received within the 30-day public comment 
period on this document, 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 that EPA is using 
for this action. Section IV discusses the Resin Disposal 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, 
taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at a site, 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 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 PADEP on the deletion of the Site from the 
NPL prior to developing this direct final notice of deletion.
    (2) PADEP 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) EPA placed copies of documents supporting the deletion in the 
Site information repositories identified above.

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    (5) If adverse comments are received within the 30-day public 
comment period on this notice to delete also published in today's 
Federal Register, EPA will publish a timely withdrawal of this direct 
final 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 Site is located about one half mile west of the town of West 
Elizabeth in Jefferson Borough, Allegheny County, Pennsylvania and 
comprises approximately 26 acres. The Site contains a 2-acre landfill 
which is located in the head of a narrow valley on the site of a former 
coal mine. The Site overlies a bedrock aquifer, and is also in contact 
with the Pittsburgh Coal formation, a source of non-potable ground 
water.

B. Site History

    Between 1950 to 1964, the Pennsylvania Industrial Chemical 
Corporation (PICCO) deposited approximately 85,000 tons of process 
wastes consisting of petroleum and coal derived chemicals mixed with 
clay in the onsite landfill. Prior to 1950, the area on which the 
landfill came to be located had been used for coal strip and deep 
mining operations. At the location of the landfill, PICCO deposited 
approximately 20 feet of waste in place of the mined coal.
    PICCO deposited the waste into the landfill as a slurry which 
collected behind an earthen dike constructed across the upper end of 
the strip-mined valley. Precipitation runoff from the surrounding 
hillsides along with any free water from the waste materials collected 
within the active landfill behind the dike. After PICCO stopped 
depositing waste in the landfill, it placed a poorly graded, native 
clay soil cover, ranging in thickness from four to ten feet, over the 
surface of the landfill. As a result, the direct precipitation and run 
off from the surrounding hills ponded at times on the landfill cover. 
Some of the water infiltrated the cover, recharging the waste material 
and adjacent ground water system. The remainder of the water evaporated 
or ran off to an unnamed stream. Over time residual product oils 
decanted from the waste materials as free product. The free product and 
infiltrated water migrated southeast through the landfill dike into 
downslope soils and also southwest into mine voids in the adjacent 
Pittsburgh Coal Formation.
    In 1972, Hercules, Incorporated purchased the Site. Between 1980 
and 1984, Hercules conducted field investigations of the ground water 
conditions in the coal formation, deep bedrock, and the extent of 
contaminated soils downslope of the landfill. Those investigations 
revealed that there were contaminants in ground water in the Pittsburgh 
Coal Formation and in downslope soils and perched ground water. In 
1983, as a result of those investigations, Hercules installed a 
leachate collection trench below the lower landfill dike to collect 
leachate and ground water. The trench is still operating. Liquids 
collected in the trench are directed to an oil/water separator. The oil 
is collected and is burned at the Hercules Jefferson Plant boiler. The 
water is discharged to the Jefferson Borough Sanitary Sewer System and, 
then, to the West Elizabeth sewage treatment plant.
    EPA completed a Superfund Site Investigation in April 1982. The 
Site received a Hazard Ranking System score of 37.69 in December 1982, 
was proposed for the National Priorities List (NPL) in December 1982 
and was placed on the NPL in September 1983.
Remedial Investigation and Feasibility Study
    In November 1987, Hercules entered into a Consent Order and 
Agreement with the Pennsylvania Department of Environmental Resources 
(PADER), the name of which was subsequently changed to PADEP, to 
conduct a Remedial Investigation (RI)/Feasibility Study (FS) 
(collectively, RI/FS) in order to characterize the Site for potential 
remediation. In March 1988, Hercules began work under an EPA-approved 
RI, which included conducting an extensive study of the extent of 
contamination of the soils, ground water, and surface water associated 
with the landfill. Hercules submitted a final RI Report which provided 
a detailed analysis of no action, containment, and treatment options to 
PADER and EPA in March 1991, and submitted the final FS to PADER and 
EPA in May 1991.
Characterization of Risk
    The primary contaminants of concern affecting soil, debris, and 
ground water at the Site are volatile organic compounds (VOCs) 
including benzene, toluene, and xylenes and other organics including 
napthalene, poly-aromatic hydrocarbons (PAHs) and phenols. Federal 
Maximum Contaminant Levels (MCLs) for drinking water established 
pursuant to the Safe Drinking Water Act, 42 U.S.C. Section 300f et 
seq., were exceeded for benzene, benzo (a) pyrene, ethylbenzene, 2-
methylnapthalene, 4-methylphenol, naphthalene, tolulene, and xylene. 
The exposure route which made the greatest contribution to the 
trespasser scenario was the inhalation of Ethylbenzene and 4-methyl-
2pentanone (VOC) vapors. The VOCs, napthalene, PAHs and phenols are 
``hazardous substances'' as defined in section 101(14) of CERCLA.
    After reviewing the results of the original RI/FS, EPA categorized 
the Site into two operable units. Operable Unit One (OU-1) addresses 
remediation of the landfill, the adjacent contaminated soils, non-
aqueous floating product present in the subsurface mine voids of the 
Pittsburgh Coal Formation, and monitoring of onsite ground water. 
Operable Unit Two (OU-2) addresses offsite ground water, seeps and 
residential wells.
Record of Decision Findings for OU-1
    A June 28, 1991 Record of Decision (ROD) documented the selected 
remedial action for OU-1 which included: installation of a multi-layer 
cap; reinforcement and upgrading of the lower landfill dike to increase 
its stability; installation of an upgraded oil/water separator 
downslope of the leachate collection system, with discharge of aqueous 
phases to a publicly owned treatment works; relocation of a sanitary 
sewer; implementation of institutional controls which include deed 
restrictions to alert prospective buyers to the presence of hazardous 
substances onsite and to prohibit future development; construction of a 
fence around the perimeter of the Site property to prevent unauthorized 
access; offsite reclamation of non-aqueous phase liquids (NAPLS) 
through skimmer wells for use as an energy source; and implementation 
of a Site maintenance and long-term ground water monitoring program.

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Response Actions for OU-1
    In February 1992, Hercules signed a Consent Decree with EPA to 
perform the Remedial Design (RD)/Remedial Action (RA) (collectively RD/
RA) at this Site. EPA approved the final RD Work Plan on December 4, 
1992; the Final Oil/Water Separator Design on December 21, 1994 and the 
Final Design for the landfill cap and the fence on September 29, 1995.
    As part of the RA, Hercules performed the following activities, 
among others: replaced the oil/water separator; reinforced the lower 
landfill dike with approximately 5,000 tons of clean soil, and then 
regraded and hydroseeded; placed a multi-layer cap on the onsite 
landfill; installed infiltration controls around the perimeter of the 
landfill; placed a six inch layer of topsoil on top of the cap; and 
hydroseeded the landfill; erected fences around the perimeter of the 
Site and also around the onsite landfill; and installed and currently 
operates a well skimmer system down gradient of the landfill to collect 
floating product in ground water that may otherwise migrate offsite via 
the mine voids and monitored ground water quarterly for three years and 
semiannually until the Five-Year Review. Hercules completed the RA 
activities in October 1996.
Record of Decision Findings for OU-2
    In September 1995, EPA issued a No Further Action ROD for OU-2 
which required long-term onsite and offsite monitoring of the ground 
water. Hercules is monitoring the onsite ground water pursuant to the 
RA selected in the ROD for OU1. Under OU-2, Hercules monitored offsite 
ground water quarterly for three years and then semiannually until the 
five-year review was completed. The Five-Year Review recommendations 
included quarterly monitoring for TW-13 until the second Five-Year 
Review or until EPA determines that further monitoring is unnecessary.
    Under the OU-2 ROD, offsite monitoring includes sampling of the 
offsite monitoring wells, as well as monitoring the seeps, sampling of 
an unnamed tributary and sampling of residential wells near the Site. 
EPA discontinued the requirement that Hercules monitor residential 
wells after it determined that, based on ground water monitoring during 
the RI and the 1999 ground water monitoring events, residential water 
users are not affected by Site related contaminants. EPA also 
discontinued the requirement that Hercules conduct bi-monthly surface 
water sampling because repeated surface water sampling from 1991 to 
1998 showed levels of contaminants of concern at or well below Maximum 
Contaminant Levels for the ``Drinking Water Regulations and Health 
Advisories'' in the unnamed stream. EPA determined that the decrease in 
levels of contaminants of concern in the stream were a result of the 
following remedial actions: buttressing of the landfill, construction 
of a multi-layer cover system over the landfill area, upgrading of an 
oil/water separator and routine product recovery from a network of down 
gradient product recovery wells.

C. Future Activity

Operation and Maintenance
    Hercules is required to perform the following Operation and 
Maintenance (O&M) activities with EPA oversight: periodic inspections 
of the landfill cover system and the fence, ground water monitoring, 
light non-aqueous phase liquids (LNAPLS) recovery through the skimmer 
wells, maintenance of the oil/water separator and any other activities 
necessary to ensure continued protection of public health and the 
environment. Until the next five-year review or until EPA determines 
that further monitoring efforts are unnecessary, Hercules is required 
to continue semi-annual ground water monitoring in selected monitoring 
wells; quarterly monitoring for TW-13 and quarterly LNAPL recovery. The 
LNAPL recovery, in conjunction with long-term ground water monitoring, 
will continue to ensure the effectiveness of the completed remedy at 
the Resin Disposal Site.
Five-Year Review
    CERCLA requires a five-year review of all sites at which hazardous 
substances, pollutants or contaminants remain at the Site. Since 
residual organic solvents, resin cakes and oils from a resin 
manufacturing process and ground water contamination remain at the 
Site, the five-year review process will be used to ensure that the 
selected remedy continues to be protective of human health and the 
environment. EPA completed the first five-year review of the Resin 
Disposal Site on September 19, 2000. In that five-year review, EPA 
determined that the remedy was not completely protective of human 
health and the environment because institutional controls on future 
land use at the Site had not yet been implemented. In July 2002, EPA 
implemented institutional controls to limit future land use at the 
Resin Disposal Site. Those institutional controls were recorded at the 
Allegheny County Courthouse, Recorder of Deeds Office, in Jefferson 
Borough, Pennsylvania. These controls include alerting prospective 
buyers to the presence of hazardous substances onsite and recite 
Herules' obligation under the Consent Decree to limit future 
development. EPA has determined that all requirements of the RODs for 
OU-1 and OU-2 have been achieved at the Site and the remedies selected 
in those RODs are protective of human health and the environment. EPA 
plans to complete the next five-year review prior to September 19, 
2005.

D. 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 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 October 21, 2003 unless 
EPA receives adverse comments by September 22, 2003 on this document. 
If adverse comments are received within the 30-day public comment 
period on this document 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 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.


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    Dated: August 4, 2003.
Donald S. Welsh,
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 
for ``Resin Disposal, Jefferson Borough, PA.''

[FR Doc. 03-21596 Filed 8-21-03; 8:45 am]
BILLING CODE 6560-50-P