[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53143-53148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21305]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-8715-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final Notice of Deletion of the Berks Landfill Superfund 
Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final Notice of Deletion of the Berks Landfill 
Superfund Site (Site), located in Spring Township, Berks 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 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, other 
than operation, maintenance and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under CERCLA.

DATES: This direct final deletion is effective November 14, 2008, 
unless EPA receives adverse comments by October 15, 2008. 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-1989-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: 215-814-3002, Attn: Kristine Matzko (3HS21)
     Mail: EPA Region III, Attn: Kristine Matzko (3HS21), 1650 
Arch Street, Philadelphia, Pennsylvania 19103.
     Hand delivery: EPA Region III, Attn: Kristine Matzko 
(3HS21), 1650 Arch Street, Philadelphia, Pennsylvania 19103. Such 
deliveries are only accepted during business hours, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1989-0011. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket

[[Page 53144]]

materials are available either electronically in http://www.regulations.gov or in hard copy at:
    Regional Center for Environmental Information, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103, 215-814-5254. Business hours are Monday through 
Friday 8 a.m. to 5 p.m.
    Township of Spring Municipal Office, 2800 Shillington Road, 
Reading, Pennsylvania 19608, 610-678-5393. Business hours are Monday 
through Friday 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Kristine Matzko, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region III, (3HS21) 1650 
Arch Street, Philadelphia, Pennsylvania 19103, (215) 814-5719, e-mail 
[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 Site from the NPL. The NPL constitutes Appendix B of 40 CFR part 
300, which is the NCP, which EPA promulgated pursuant to section 105 of 
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 40 CFR 300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial actions if conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective November 14, 2008, unless EPA 
receives adverse comments by October 15, 2008, on this document. Along 
with this direct final Notice of Deletion, EPA is co-publishing a 
Notice of Intent to Delete in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this deletion action, EPA will publish a 
timely withdrawal of this direct final Notice of Deletion before the 
effective date of the deletion, and the deletion will not take effect. 
EPA will, 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 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.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. 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 today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the Commonwealth with this notice and the 
parallel Notice of Intent to Delete for review prior to their 
publication today, and the Commonwealth, through the 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, Reading 
Eagle. The newspaper notice announces the 30-day public comment period 
concerning the Notice of Intent to Delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the 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 Site is located in the Township of Spring, Berks County, 
Pennsylvania, about seven miles southwest of the City of Reading. The 
Site is several miles north of Route 222 between Wheatfield and Chapel 
Hill Roads.
    Originally, the Berks Landfill property was an iron ore mine, and 
then the property was used for waste disposal.
    The Berks Landfill was in operation from the 1950s to the 1980s. 
The Site consists of a 49-acre eastern landfill and a 19-acre western 
landfill. Initially, the western landfill was used for disposal, and 
then the eastern landfill was used

[[Page 53145]]

for disposal. There were two additional disposal areas referred to as 
the northern disposal area and the area behind the equipment building. 
These areas were used when access to the eastern or western landfill 
was not available.
    In 1975, the eastern landfill was granted a solid waste permit by 
the Pennsylvania Department of Environmental Resources (PADER) to 
accept municipal and demolition refuse. In 1986 landfilling operations 
ended, and both the eastern and western landfills were closed.
    Immediately adjacent to the landfills, and within the Site 
boundary, is a property formerly used to weigh the disposal trucks. 
After this function was no longer required, an auction business, 
Zerbe's Auction House, used one of the buildings. Presently, there are 
garages on the property used to store large equipment, and another 
building is used as an office. Also, north of the landfills is a former 
residential property that is now vacant.
    Sampling of on-site groundwater wells in the late 1980s detected 
volatile organic compounds (VOCs) at concentrations above their 
respective drinking water standards or Maximum Contaminant Levels 
(MCLs), promulgated at 40 CFR Part 141 pursuant to the Safe Drinking 
Water Act, 42 U.S.C. Section 1412.
    EPA listed the Site on the NPL on October 4, 1989, because of the 
Site's potential to negatively affect residential well water (54 FR 
41015).
    From 1990 to 1993 a series of protective measures were installed at 
the Site including the following: A fence was erected around the 
eastern landfill; the existing cap on the eastern landfill was 
repaired; and a pumping station was constructed to convey the leachate 
from the ponds to the local wastewater treatment plant.

Remedial Investigation and Feasibility Study (RI/FS)

    In 1991 EPA entered into an Administrative Order on Consent with a 
group of responsible parties (RPs) to conduct a Remedial Investigation 
and Feasibility Study. The Remedial Investigation (RI) involved 
extensive programs of subsurface exploration, field testing, sampling, 
chemical analyses, geotechnical analyses, and data evaluation conducted 
between December 1991 and January 1994. The RI defined the geology, 
hydrogeology, construction of the existing landfill caps, and other 
features of the Site; assessed wetlands, and aquatic and terrestrial 
habitats; determined the nature and extent of constituents detected at 
the Site; and determined the potential fate mechanisms and transport 
pathways available to these constituents. The results of the RI were 
presented in the Remedial Investigation Report, which was submitted to 
EPA on March 13, 1995, and approved by EPA on March 29, 1996.
    The results of the RI showed that VOCs were present in on-site 
groundwater. The groundwater was shown to discharge to the surface 
water drainageways and the Cacoosing Creek tributary system; however, 
these VOCs were not detected in surface water. The most important 
geologic feature identified during the RI was an intrusive diabase mass 
which almost entirely encircles the Site and lies beneath the Site in a 
bowl-like configuration. As a result of its orientation, low 
permeability and higher hydraulic pressures at depth, the diabase 
exhibits significant control over the groundwater flows at the Site.
    A Feasibility Study (FS) was conducted between April 1996 and 
February 1997 to develop and evaluate appropriate remedial 
alternatives. The objectives of the FS were to prevent exposure to on-
site groundwater via potable use, to monitor the groundwater, to repair 
the existing caps, and to repair the leachate management system. The 
Final Baseline Risk Assessment was submitted to EPA on July 1, 1996, 
and approved by EPA on November 27, 1996. The FS Report was approved by 
EPA on February 19, 1997.

Record of Decision Findings

    A proposed plan that set forth EPA's preferred remedial alternative 
for the Site was released for public comment in May 1997. A Record of 
Decision (ROD) dated July 22, 1997 identified EPA's selected remedy for 
the Site. The remedy in the ROD consisted of the following components: 
Institutional controls to prevent future consumption of on-site 
groundwater, to restrict future development at the Site and to limit 
future earth moving activities at the Site; long-term monitoring 
including installation of a sentinel monitoring well cluster, sampling 
of residential wells and monitoring on-site wells, combustible landfill 
gases, and the adjacent aquatic habitat; operation and maintenance of 
the leachate management system; and repair of the landfill cap for the 
eastern landfill and maintenance of the eastern and western landfill 
caps. The groundwater remedy set forth in the ROD was natural 
containment and natural attenuation with long-term monitoring.
    The remedial action objectives set forth in the ROD were the 
following: The prohibition of future consumption of on-site 
groundwater; long-term monitoring to ensure that MCLs or Maximum 
Contaminant Level Goals (MCLGs) continue to be maintained at the point 
of compliance; continued effective collection of site leachate; and 
repair and maintenance of the existing landfill caps.
    The prohibition on groundwater consumption is limited to the point 
of compliance. The boundaries for the point of compliance are the 
eastern, western, and southern Site property boundaries and the 
northern boundary is Wheatfield Road.

Response Actions

    In 1998 EPA issued a Unilateral Administrative Order (Docket No. 
III-98-071-DC) (UAO) to eighteen parties (Respondents) ordering them to 
design and construct the remedy described in the ROD. In accordance 
with the UAO, a subgroup of the Respondents developed a remedial design 
for the repair of the landfill cap and leachate collection system.
    The Remedial Design Work Plan, submitted to EPA on July 1, 1998, 
provided the framework, schedule, and process that would be utilized to 
complete the design for the remedy in the ROD.
    The Final Remedial Action Design Report was submitted to EPA on 
September 15, 1999, and included the design drawing package, technical 
specifications, the Operation, Maintenance, and Monitoring (OM&M) Plan 
including a Sampling and Analysis Plan, the Institutional Control Plan, 
Permit Requirements, Access Plan, the Construction Quality Assurance 
Plan (CQAP), and the Soil Erosion and Sediment Control Plan. EPA 
approved this final remedial design on September 30, 1999.
    Following the approval of the remedial design, the Remedial Action 
Work Plan (RAWP) provided the methodologies, plans, and schedules of 
activities required to be completed prior to initiating construction of 
the Remedial Action (RA). The RAWP was submitted to EPA on January 7, 
2000, and was approved by EPA on January 13, 2000.
    The Remedial Action Construction Bidding Documents were issued by 
the Respondents, which included the CQAP, the RAWP, and the Health and 
Safety Plan. A pre-bid meeting was held at the Site on February 8, 
2000. Bids were received on February 29, 2000, and the Remedial Action 
Contractor (RAC) was selected on March 16, 2000.
    The Revised Construction Management Plan (CMP) and the RAC's

[[Page 53146]]

Health and Safety Plan were submitted to EPA on May 9, 2000, and 
approved by EPA on May 25, 2000. A pre-construction meeting was held at 
the Site on May 23, 2000, followed by RAC mobilization to the Site 
between May 29 and June 5, 2000. The RA construction activities 
commenced on June 5, 2000.
    EPA and its contractor, the U.S. Department of Interior's Bureau of 
Reclamation, as well as PADEP, provided oversight of the construction 
of the remedy.
    The components of the RA construction activities included 
construction and repair of access roads including laying of 7,000 feet 
of inspection trails on the western landfill, removal of surface 
debris, removal of existing tree and shrub vegetation, mowing of 
vegetation, clearing and grubbing of construction areas, repair of an 
area with exposed waste, repair of erosional features, repair of bare 
spots, repair of existing slopes, repair of the existing leachate 
management system including relining the 3 leachate ponds for a total 
volume of 1.5 million gallons, installation of the sentinel monitoring 
well, decommissioning of five groundwater monitoring wells, 
installation of nine gas monitoring probes, planting of 300 wetland 
trees, and revegetation of disturbed areas. The RA construction 
activities were substantially completed on October 31, 2000.
    EPA conducted a pre-final inspection of the Site on October 31, 
2000. A list of uncompleted minor items was identified during the pre-
final inspection and was completed by the RAC by November 10, 2000. EPA 
completed its final inspection on November 14, 2000 and issued a 
Preliminary Project Close Out Report (PCOR) on December 22, 2000. The 
PCOR concluded that the Respondents had constructed the remedy in 
accordance with the Remedial Design plans and the performance-based 
specifications, and had initiated activities necessary to achieve 
performance standards and site completion.
    The final Remedial Action Completion Report was submitted to EPA on 
July 27, 2001. The Remedial Action Construction Report documented that 
the RA construction at the Site was completed in accordance with the 
UAO and the Remedial Design, and met the performance standards in the 
ROD.

Cleanup Standards

    The ROD established a natural containment and natural attenuation 
groundwater remedy. The results of the groundwater sample analyses have 
continued to demonstrate the effectiveness of the natural groundwater 
containment system and that the ROD performance standards are being 
met. VOCs detected on-site have not been detected in either the off-
site sentinel or residential wells which demonstrates the containment 
of the groundwater. Detections of cis-1,2-dichloroethene (cis-1,2-DCE) 
and vinyl chloride (VC) in on-site groundwater monitoring wells in the 
eastern landfill indicate that natural biological attenuation of the 
chlorinated ethene compounds (i.e., trichloroethene (TCE)) is 
occurring. Further, the TCE concentrations have been declining in a 
well in the eastern landfill.
    The sentinel well was installed in order to monitor the natural 
containment and natural attenuation groundwater remedy set forth in the 
ROD. The sentinel well, located on a property northwest of the Site, is 
downgradient of the Site in the direction of groundwater flow at the 
point where groundwater discharges to the Cacoosing Creek tributary. 
The sentinel well is sampled for VOCs and metals. There have been no 
exceedances of MCLs for VOCs in the sentinel well. Three metals 
(aluminum, iron, and manganese) were previously detected in the 
sentinel well above their respective MCLs. Currently, aluminum results 
are within the range of its secondary MCL and iron and manganese are 
less than their respective MCL. Since the Site was historically an 
iron-ore mine, the presence of some concentrations of metals is a 
naturally occurring event.
    EPA and the Respondents have sampled the groundwater the residents 
use as their drinking water. The residents selected for the sampling 
are downgradient of the Site in the general direction of groundwater 
flow. Residential groundwater is sampled for VOCs and total metals. 
None of the residents have treatment systems on their groundwater as a 
result of site conditions. There have been no detections of VOCs 
related to the Site in the residential wells and metals are either not 
detected or detected below the MCLs.
    The ROD performance standards for groundwater off-site have been 
achieved. The performance standard for groundwater states that there 
shall be no exceedances of MCLs off-site. The VOCs detected on-site 
above MCLs are not detected in the off-site sentinel well or 
residential wells, thereby demonstrating compliance with the 
performance standard. The metals detected on-site above MCLs are 
detected in the off-site sentinel well within the range of the 
secondary MCL or below the MCL, thereby also demonstrating compliance 
with the performance standard.
    Three VOCs are detected above the MCL in on-site wells: cis-1,2-
DCE, TCE, and VC. These VOCs detected in the on-site wells above MCLs 
are not detected in the off-site wells. One well (well C3D) on the 
eastern landfill shows declining concentrations of cis-1,2-DCE, TCE, 
and VC. The two other wells are at the base of the eastern landfill: 
One well (G-5) shows consistent levels of VC and the second well (MP-
18S) shows declining TCE concentrations and consistent levels of cis-
1,2-DCE and VC. The remaining wells in the groundwater monitoring 
system have either no detections or low-level detections of VOCs.
    Three on-site wells (C7S, G5, G12) have detections of metals 
(aluminum, iron, and manganese) above their respective MCLs. In most 
cases, the concentrations of these metals in the on-site wells are 
decreasing over time. The metals detected on-site above MCLs are 
detected in the off-site sentinel well within the range of the 
secondary MCL for aluminum or below the MCL for iron and manganese. 
Since the Site was historically an iron-ore mine, the presence of some 
concentrations of metals is a naturally occurring event.
    Landfill gas is monitored for combustible gases, carbon monoxide, 
hydrogen sulfide, and oxygen. The landfill gas monitors are located 
between the edge of the eastern landfill and the perimeter of the 
northeast corner of the Site and also near two buildings (closed 
auction house and the equipment building). As part of the remediation, 
passive landfill gas vents were installed in the eastern landfill.
    There have been detections of combustible gases near the closed 
auction house and equipment building. In response to the detections, 
there is ambient air monitoring being conducted inside the buildings 
and continuous monitors for combustible gases have been installed in 
the buildings. The interior monitors have not detected landfill gases 
in the buildings. Landfill gases will continue to be monitored around 
these buildings and any other future structures.
    Vapor intrusion is not considered a pathway of concern based on 
site conditions and monitoring results. The sentinel well and 
residential wells have not detected VOCs. The diabase naturally 
contains the groundwater and discharges the groundwater to the local 
stream prior to the residential properties, so there is no hydraulic 
connection to the Site. The landfills are covered, the on-site 
groundwater concentrations have demonstrated

[[Page 53147]]

degradation and declining levels, there are restrictions on use of the 
property, and landfill gases are monitored inside and outside the 
buildings on-site.

Operation and Maintenance

    Operation, maintenance, and monitoring commenced in December 2000. 
The OM&M Plan included with the Remedial Action Design Report was 
modified based on as-built conditions following RA construction 
activities. An updated OM&M Plan was submitted to EPA on May 4, 2001, 
and approved by EPA on September 24, 2001. The OM&M Plan included 
operations, maintenance, and monitoring requirements for the first five 
calendar years following the completion of the RA construction (i.e. 
2001 to 2005). The OM&M Plan described specific monitoring procedures 
to be implemented to meet the performance standards, including regular 
groundwater monitoring of existing on-site monitoring wells, off-site 
residential wells, and a sentinel well; routine monitoring of 
combustible gas levels adjacent to on-site buildings and at the 
landfill perimeter; and periodic monitoring of surface water, sediment 
and benthic macroinvertebrates within adjacent streams. On July 28, 
2006 EPA approved a new monitoring and inspection schedule for the next 
five calendar years (i.e. 2006 to 2010).
    The OM&M Plan specifies an annual frequency of monitoring the 
groundwater wells, the residential wells, and the sentinel well for 
VOCs, metals, field parameters, natural attenuation parameters, and 
groundwater levels. The monitoring schedule also includes an annual 
frequency for monitoring landfill gas.
    Fourteen groundwater and landfill gas monitoring events have been 
conducted since the completion of the RA construction in accordance 
with the EPA-approved monitoring schedules, including events during 
calendar years 2000 through 2007. Results of each monitoring event are 
presented in an Operation, Maintenance, and Monitoring Report, and 
submitted to EPA. Following each monitoring event, letters are sent to 
residents regarding the sampling results of their wells and a letter is 
sent to the local sewer authority regarding the results of the leachate 
sampling.
    Two aquatic habitat assessments (sampling of surface water, 
sediment, and macroinvertebrates) have been conducted in accordance 
with the monitoring schedule since the completion of the RA 
construction, including one event in 2001 and one event in 2004. The 
results of these assessments were presented in an Aquatic Habitat 
Assessment Report following each event, and compared with the aquatic 
habitat assessment conducted in 1999 prior to the RA construction. The 
results of the aquatic habitat assessments have demonstrated good 
surface water and sediment quality at locations downstream of the Site, 
and that in general, the aquatic habitats at the downstream locations 
are healthy and productive, supporting a relatively diverse and 
pollution intolerant population of macroinvertebrate species.
    In addition to the monitoring schedule, the OM&M Plan describes 
specific operation and maintenance procedures to be implemented to meet 
the performance standards set forth in the ROD including inspection, 
repair (as necessary), and continued operation and maintenance of the 
leachate collection system (collection piping, ponds and pumping 
station); and long-term maintenance of the forested and non-forested 
portions of the eastern and western landfill caps and adjacent disposal 
areas (northern disposal area and the area behind the equipment 
building). The operations and maintenance schedule specifies routine 
inspections of the Site access controls, landfill caps, leachate 
management system, groundwater monitoring well network, and landfill 
gas monitoring probe network. The leachate collection system is 
inspected monthly. The eastern landfill cap and surface water 
management features are inspected annually. The eastern landfill is 
mowed once a year.
    The historical results of the monitoring events and an analysis of 
the data trends, along with the results of the inspection and 
maintenance events, are presented in the Annual Report completed after 
each calendar year of OM&M, and submitted to EPA. The Annual Reports 
have documented that the performance standards for the operation and 
monitoring of the leachate management system and landfill cap continue 
to be met.
    The remedy for the Site includes institutional controls. 
Institutional controls refer to non-engineering measures, such as legal 
controls, intended to limit human activity in such a way as to prevent 
or reduce exposure to hazardous substances and protect a remedy. The 
institutional controls selected by EPA in the ROD call for the 
placement of legal controls to prevent future consumption of on-site 
groundwater, to restrict future development at the Site, and to limit 
future earth moving activities at the Site.
    In the ROD EPA selected six performance standards for institutional 
controls. Three of the performance standards provide specific 
restrictions on groundwater use in order to prevent drinking water uses 
and to protect the natural containment and attenuation remedy. One 
performance standard restricts earth moving activity in specified 
areas. The remaining two performance standards state that title 
restrictions, along with other appropriate means, shall be used to 
implement the first four performance standards and that the title 
restrictions should be recorded with the Berks County Recorder of 
Deeds.
    In the UAO EPA ordered that specific restrictions be placed on four 
parcels, named as Parcel A, Parcel B, Parcel C, and Parcel D, (Section 
VIII of the UAO--Access To and Use of the Site). Parcel A is the parcel 
with the two landfills and the leachate lagoons. Parcel B is the parcel 
with the closed auction house, equipment building, and the portion of 
the landfill referred to as the ``area behind the equipment building.'' 
Parcel B also provides access to the landfills, Parcel A. Parcel C is 
the former residential property which is now vacant. Parcel D is the 
property that contains the sentinel well. The UAO tailored the 
restrictions for each parcel based on the appropriate uses of each 
parcel, the necessary institutional control, and the performance 
standards in the ROD.
    The use restrictions required in the UAO for Parcel A include 
restrictions on limiting the use of the property, restrictions on 
groundwater use, restrictions on land disturbance, and restrictions on 
activities such as hunting, fishing, and tree removal. A notice 
containing a recitation of the restrictions in the UAO for Parcel A was 
filed by the parcel owner with the Berks County Recorder of Deeds as an 
additional institutional control on February 19, 2007.
    An 11-acre portion of Parcel B that is on the south side of 
Wheatfield Road directly adjacent to the landfills was purchased by the 
current owner in 2005. Prior to the 2005 sale, EPA issued a comfort 
letter to the prospective purchaser. EPA also sent a letter to Township 
of Spring on the acceptable uses of the 11-acre portion of Parcel B, 
information about the remedy, and protections that were necessary to 
maintain the remedy. The current owner uses the 11-acre portion of 
Parcel B for his business and plans to add a storage unit business. The 
other portion of Parcel B, which is a residential area, is on the north 
side of Wheatfield Road and is not considered part of the Site.

[[Page 53148]]

    A deed dated March 18, 2005 contains the appropriate use 
restrictions for the 11-acre portion of Parcel B. The restrictions 
listed in the deed include restrictions on groundwater use, 
restrictions limiting the use of the property, restrictions on land 
disturbance, and limitations on activities to protect the remedy. The 
deed with the use restrictions are institutional controls.
    For Parcel C the current owner of the 11-acre portion of Parcel B 
also bought Parcel C to maintain the property as open space. Parcels B 
and C are adjacent to one another. A deed dated July 10, 2006 contains 
restrictions on the use of the parcel consistent with the UAO. The 
restrictions listed in the deed include restrictions on groundwater 
use, restrictions limiting the use of the property, restrictions on 
land disturbance, and limitations on activities to protect the remedy. 
The deed with the use restrictions are institutional controls.
    Regarding Parcel D, the owner of Parcel D signed a letter agreement 
dated August 14, 2002 with the UAO Respondents granting the Respondents 
access to install a sentinel well and to collect groundwater samples. 
The letter agreement also provides for groundwater use restrictions and 
prohibitions on interfering with the well. The letter agreement is an 
institutional control.

Five-Year Review

    Since the remedy for the Site utilized containment of the hazardous 
materials as a method to reduce risk, EPA will conduct five-year 
reviews to insure that the remedy is functioning as designed and 
preventing exposure to human health and the environment. EPA completed 
the first statutory Five-Year Review on August 2, 2005 and has 
determined that the remedy for Berks Landfill remains protective of 
human health and the environment. EPA plans to complete the next five-
year review by August, 2010.

Community Involvement

    To ensure that the community was well informed about activities at 
the Site, a series of outreach activities were performed. Public 
meetings at key points in the remedial process were held such as a 
meeting on the proposed remedy in 1997 and the construction of the 
remedy in 2000. Since then, in 2005 as part of the five-year review, 
EPA placed an advertisement in the Reading Eagle and mailed a fact 
sheet notifying residents of the five-year review. In addition, 
residents whose water is tested receive annual information on their 
well water test results. As part of the deletion, EPA will place an 
advertisement in the local paper notifying the community of the public 
comment period, the process for submitting comments, and location of 
the deletion docket.

Determination That the Site Meets the Criteria for Deletion in the NCP

    This Site meets all the requirements in the NCP and the criteria 
specified in OSWER Directive 9320.2-09-A-P, Close Out Procedures for 
National Priorities List Sites. Specifically, sampling performed during 
operation, maintenance, and monitoring verifies the Site has achieved 
the ROD remedial action objective that no site-related contaminants 
exceed MCLs off-site and that all components of the remedy selected by 
EPA in the ROD have been implemented. Operation, maintenance, and 
monitoring are, and will continue to be, performed by the Respondents 
pursuant to the 1998 UAO.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth through the PADEP, 
has determined that all appropriate response actions under CERCLA, 
other than operation, maintenance, and monitoring and five-year 
reviews, 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 November 14, 2008 unless EPA receives adverse comments by 
October 15, 2008. 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 5, 2008.
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.


0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
under Pennsylvania for ``Berks Landfill'', ``Spring Township''.

[FR Doc. E8-21305 Filed 9-12-08; 8:45 am]
BILLING CODE 6560-50-P