[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37122-37128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9997-54-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Buckeye Reclamation Landfill 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of the Buckeye Reclamation 
Landfill Superfund Site (Buckeye Site), located in St. Clairsville, 
Ohio 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 State of Ohio (Ohio), through the 
Ohio Environmental Protection Agency (OEPA), because EPA has determined 
that all appropriate response actions under CERCLA, other than 
operation and maintenance, monitoring and five-year reviews, have been 
completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective September 30, 2019 
unless EPA receives adverse comments by August 30, 2019. 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-1983-0002 by one of the following methods:
    https://www.regulations.gov. Follow the on-line instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. 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.
    Email: [email protected].
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental 
Protection Agency Region 5 (ST-6J), 77 West Jackson Boulevard, Chicago, 
IL 60604, (312) 886-6036.
    Hand deliver: Superfund Records Center, U.S. Environmental 
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, 
Chicago, IL 60604, (312) 886-0900. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The normal business 
hours are Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays.
    Docket: All documents in the docket are listed in the https://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 hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604. 
Phone: (312) 886-0900. Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    St. Clairsville Public Library, 108 W Main Street, St. Clairsville, 
OH 43950. Phone: (740) 695-2062. Hours: Monday through Wednesday, 9 
a.m. to 8 p.m., Thursday through Friday, 9 a.m. to 6 p.m., Saturday 10 
a.m. to 2 p.m., Sunday closed.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5 (ST-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, (312) 886-6036, or via email 
at [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 5 is publishing this direct final Notice of Deletion of 
the Buckeye 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 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 Buckeye Site and demonstrates 
how it meets the deletion criteria. Section V discusses EPA's action to 
delete the Buckeye Site from the NPL unless adverse comments are 
received during the public comment period.

[[Page 37123]]

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 Buckeye Site:
    (1) EPA consulted with Ohio 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 Ohio 30 working days for review of this notice 
and the parallel Notice of Intent to Delete prior to their publication 
today, and Ohio, through the OEPA, has concurred on the deletion of the 
Buckeye Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, an advertisement of the availability of the parallel 
Notice of Intent to Delete is being published in a major local 
newspaper, The Times-Leader. The newspaper advertisement announces the 
30-day public comment period concerning the Notice of Intent to Delete 
the Buckeye 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 Buckeye 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 
Buckeye Site from the NPL:

Site Background and History

    The Buckeye Site (CERCLIS ID: OHD980509657) is located 
approximately 4 miles southeast of the City of St. Clairsville and 1.2 
miles south of Interstate 70 in Belmont County, Ohio. The northeast 
corner of the Buckeye Site is bordered by Interstate 470, which is 
located about 3,000 feet north of the landfill.
    The Buckeye Site occupies approximately 100 acres of land 
surrounded by a chain link fence. The Buckeye Site extends 
approximately 0.70 miles from north to south and varies from 500 to 
1,000 feet wide (see Figure 1 in the Docket). Access is provided by a 
road located at the north entrance of the Buckeye Site.
    The Buckeye Site is situated in the Kings Run drainage ravine and 
is bordered by Kings Run to the east and an unnamed stream to the west. 
Kings Run flows to the south and empties into Little McMahon Creek. The 
property surrounding the Buckeye Site to the east and west is hilly and 
mostly forested. Farmland and a strip mine are located west of the 
property. The land to the south is forested with steep slopes cleared 
for industrial use along the stream valleys and roadways. An 
environmental transfer station and additional farmland extend to the 
north and northeast of the Buckeye Site.
    The groundwater at the Buckeye Site is not being used as a source 
of drinking water, and the Belmont County Water and Sewer District 
supplies the nearest neighborhood with drinking water. Residents 
closest to the Buckeye Site, including a nearby resident downstream of 
Kings Run, obtain drinking water from the county and not private wells.
    The Buckeye Site was used for deep underground coal mining 
activities until the early 1950s. In 1971, the Belmont County Health 
Department licensed the Buckeye Site for use as a municipal solid waste 
landfill. The landfill was operated by the Ohio Resources Corporation 
under the name of Buckeye Reclamation Company.
    The landfill accepted municipal solid waste, as well as industrial 
sludge and liquids, most of which were received between 1976 and 1979. 
The industrial wastes were disposed in a 50-acre waste pit located in 
the northern section of the landfill.
    EPA and OEPA began investigating the Buckeye Site in the 1980s to 
determine whether the landfill posed a potential risk to public health 
and the environment. EPA and OEPA identified 12 contaminants of concern 
(COCs) in the waste pit, soil, leachate, groundwater, and surface 
water. These COCs accounted for the majority of the health-based risk 
posed by the Buckeye Site. The COCs included the inorganic contaminants 
arsenic, beryllium, lead, cadmium, chromium, and nickel. The organic 
COCs were benzene, trichloroethene, carbon tetrachloride, 1,1-
dichloroethene, polycyclic aromatic hydrocarbons, and toluene.
    EPA proposed the Buckeye Site to the NPL on December 30, 1982 (47 
FR 58476). EPA finalized the NPL listing for the Buckeye Site on 
September 8, 1983 (48 FR 40658).
    Current use of the 91.1-acre landfill area and an additional 349.6 
acres of surrounding property affected by the landfill is restricted by 
an Ohio Uniform Environmental Covenants Act (UECA) restrictive 
covenant. The restrictive covenant applies to four parcels of land (see 
Figure 3 in the Docket). The covenant prohibits drilling, digging, and 
construction on the parcels; restricts parcel use to commercial/
industrial uses; and prohibits the consumption of groundwater. The 
neighborhood closest to the Buckeye Site is supplied with drinking 
water by the Belmont County Water and Sewer District.

[[Page 37124]]

Remedial Investigation (RI)/Feasibility Study (FS)

    EPA identified several potentially responsible parties (PRPs) for 
the landfill including the landfill operator and several waste 
generators. In 1985, a group of the PRPs agreed to conduct a remedial 
investigation and feasibility study (RI/FS) at the Buckeye Site 
pursuant to an administrative order on consent. The purpose of the RI/
FS was to define the nature and extent of the contamination at the 
landfill, assess risks, and evaluate cleanup alternatives.
    The PRPs investigated the contaminant source area (the landfill), 
soil, surface water, sediment, leachate, groundwater, and air. The RI 
found various levels of carcinogenic and noncarcinogenic chemicals in 
all media sampled, except air. The RI indicated that there were three 
sources of contamination at the Buckeye Site: (1) Industrial waste 
disposed in or around the waste pit, (2) solid waste disposed in the 
general landfill area, and (3) coal mine refuse placed in the area 
before landfilling operations began. The PRPs completed the RI in 1989.
    The PRPs conducted an endangerment assessment (EA) to determine the 
extent of the threat to public health and the environment posed by the 
Buckeye Site under present and future conditions, and to determine 
which aspects of the Buckeye Site warranted remediation. The PRPs 
submitted a draft EA Report in 1989. EPA and OEPA had a significant 
number of comments on the EA Report and did not approve the report. EPA 
retained a contractor to address EPA's and OEPA's comments on the draft 
EA Report. EPA's contractor completed a final EA Report in 1990.
    The EA Report concluded that three significant exposure and 
contaminant routes existed at the Buckeye Site. These routes were: (1) 
Dermal contact, inhalation and ingestion of surface soils, (2) 
migration of contaminants from surface and subsurface soils into 
groundwater and surface water, and (3) ingestion of contaminated 
groundwater and surface water.
    The EA indicated that the Buckeye Site posed an unacceptable cancer 
risk to current adult and adolescent dirt-bike riders at the landfill. 
The unacceptable cancer risks were primarily due to dust inhalation and 
ranged from 3.76 x 10-4 to 1.05 x 10-3 for 
average and maximum chemical concentrations. The EA did not identify 
any noncancer risks under the current exposure scenario, or any cancer 
or noncancer risks to current off-site well users.
    The EA identified unacceptable cancer and noncancer risks to future 
residents at the Buckeye Site under a potential future residential 
scenario. The risks were due to exposure to contaminated soil, 
groundwater and surface water. The cancer risks for potential future 
residential exposure ranged from 6.53 x 10-3 for average 
chemical concentrations to 1.48 x 10-2 for maximum chemical 
concentrations. The estimated noncancer risks for potential future 
residential exposure were a hazard index (HI) of 7.81 to 21.3 assuming 
average and maximum chemical concentrations. EPA generally considers a 
cancer risk greater than 1 x 10-4 or an HI greater than 1 as 
an unacceptable risk which may require action.
    The RI showed that most of the groundwater underlying the Buckeye 
Site migrates laterally into the coal mine refuse at the Buckeye Site 
and is discharged as leachate to Kings Run. This means that most of the 
groundwater at the Buckeye Site becomes surface water before leaving 
the property. Therefore, EPA and OEPA determined that groundwater and 
surface water could be treated under a single remedial action objective 
(RAO).
    The PRPs conducted a macroinvertebrate population survey and a fish 
population survey as part of the EA. The survey documented that the 
Buckeye Site was impacting nearby streams and stream beds. Where 
organisms were present at all, the communities were dominated by 
pollution-tolerant species. The monitoring data, however, was not able 
to distinguish between environmental impacts due to the waste disposal 
practices at the landfill or to the acid mine drainage from past mining 
operations at the Buckeye Site.
    The PRPs completed an FS to develop and evaluate cleanup 
alternatives to address the unacceptable risks posed by the Buckeye 
Site in 1990. The FS evaluated five cleanup alternatives: No action; 
hazardous waste landfill cap and groundwater and surface water 
collection with chemical treatment; hazardous waste landfill cap and 
groundwater and surface water collection with wetlands treatment; solid 
waste landfill cap and groundwater and surface water collection with 
chemical treatment; and solid waste landfill cap and groundwater and 
surface water collection with wetlands treatment.

Selected Remedy

    EPA selected a cleanup remedy for the Buckeye Site in an August 19, 
1991 Record of Decision (ROD). EPA's RAO for the cleanup is to protect 
public health and the environment from contaminants in surface and 
subsurface soil, groundwater and surface water at the Buckeye Site by: 
(1) Limiting direct physical contact with contaminated soils to reduce 
the threat of dermal contact, inhalation, and ingestion; and (2) 
Restoring the groundwater and surface water to a useful, less 
threatening state by reducing the levels of contamination.
    EPA selected Alternative 4B as the cleanup remedy. Alternative 4B 
involves the following remedial components: (1) Solid waste landfill 
cap; (2) Institutional controls; (3) Fencing; (4) Groundwater 
collection; (5) Surface leachate seep collection; (6) Groundwater 
monitoring; (7) Surface leachate seep monitoring; (8) Monitoring of 
Kings Run; and (9) Groundwater/leachate treatment by constructed 
wetlands (Option B). This option involves constructing a groundwater/
leachate collection system to intercept leachate, groundwater and acid 
mine drainage from the landfilled area (all of which have low pH 
values) and channeling it to the wetlands treatment system.
    During the remedial design (RD) phase of the project, the PRPs 
conducted several predesign studies to collect additional information 
to design and implement the selected remedy. The PRPs' predesign 
studies included hydrogeologic studies, a landfill cap study, a 
constructed wetlands study, borrow area studies and a slope stability 
study.
    Based on the results of the predesign studies, EPA issued 
modifications to the selected remedy in a July 17, 1997 Explanation of 
Significant Differences (ESD). The remedy modifications included: (1) A 
reduction, from 97 to 37 acres, of the area over which a solid waste 
landfill cap would be constructed; (2) Construction of a vegetated soil 
cap over an area of 24 acres; (3) Repair of the existing cap over 
approximately 29 acres; (4) Modification of the slope of the cap 
bordering a portion of Kings Run; (5) Realignment and lining of Kings 
Run; (6) Elimination of the Northern Impoundment; (7) Deferral of the 
groundwater/leachate treatment system until after cap construction and 
monitoring to determine if a treatment system is required [to be 
conducted as Phase II of the remedial action (RA)]; and (8) 
Modification of the description of groundwater samples to be used for 
determination of background levels in groundwater.
    EPA and 14 PRPs signed a Consent Decree that became effective on 
March 17, 1998. The Consent Decree required

[[Page 37125]]

the PRPs to implement the selected remedy in the 1991 ROD, as modified 
by the 1997 ESD. The PRPs conducted the RA in two phases.
    During the Phase I RA, the PRPs implemented all aspects of the 
selected remedy except the deferred groundwater/leachate wetlands 
treatment system. The PRPs also conducted four rounds of quarterly 
groundwater, surface water and leachate monitoring. Based on the 
monitoring data, EPA issued a second ESD for the Buckeye Site on August 
15, 2003. The 2003 ESD documented the following decisions and 
additional changes to the remedy:
    (1) The low pH values in surface water and leachate are directly 
related to acid mine drainage and are considered background;
    (2) The flows from Kings Run and the landfill leachate collection 
system will be combined for off-site discharge to Little McMahon Creek;
    (3) The Ohio criteria, as modified by the Ohio Revised Code Chapter 
6111 Water Pollution Control Act, reflect the current OEPA risk and 
ecological information and these changes in general improve the quality 
of surface waters in Ohio. These new criteria replace the ``Final 
Effluent Limitations and Monitoring Requirements for the Buckeye Site 
provided in Sections A.1 and A.2 of ROD Attachment A;
    (4) Monitoring of the combined flow will be conducted monthly at a 
location downgradient of the combined flows, for two years starting in 
February 2004. At the end of two years the data will be evaluated, and 
the monitoring requirements reviewed. If the discharge standards are 
not met during or at the end of the two-year monitoring period, the 
provisions for surface water treatment will be revisited; and
    (5) No additional groundwater/leachate collection mechanisms will 
be required.
    EPA issued a third ESD for the Buckeye Site on September 16, 2011. 
The 2011 ESD documents EPA's decision, based on seven years of 
monitoring data and other information, that it was necessary to 
construct the treatment wetlands to treat the groundwater/leachate at 
the Buckeye Site. The 2011 ESD also documented a significant change in 
the design and operation and maintenance (O&M) requirements of the 
treatment wetlands compared to the ROD's description of this component 
of the remedy.
    Based on the post-ROD monitoring data, the 2011 ESD modified the 
total size and cell composition of the wetlands to reflect the actual 
treatment necessary to address current Buckeye Site conditions. The 
2011 ESD also allows for future changes to wetlands performance 
monitoring frequency and/or monitoring parameters as approved by EPA.

Remedy Implementation

    The PRPs began the Phase I RA construction work in April 1999. EPA 
and OEPA conducted a pre-final inspection on August 29, 2001, and a 
final inspection on September 27, 2001. During the final inspection EPA 
and OEPA determined that the PRPs constructed the remedy in accordance 
with the Phase I RD plans and specifications.
    The Phase I RA construction work included the following: (1) 
Construction of a solid waste landfill cap over approximately 37 acres 
with a passive landfill gas collection and venting system; (2) 
Construction of a vegetated cap over approximately 24 acres; (3) Repair 
of existing cover where necessary over approximately 29 acres; (4) 
Realignment and lining of Kings Run; (5) Elimination of the Northern 
Impoundment; (6) Installation of surface water management structures; 
(7) Construction of access roads; (8) Installation of perimeter 
fencing; and (9) Installation of groundwater/leachate seep collection 
boxes, a French drain, and a groundwater/leachate transport pipe.
    EPA signed a Preliminary Close Out Report (PCOR) on May 14, 2003 
documenting that the RA construction at the Buckeye Site was complete. 
The completion of the Phase I RA and documentation of the Phase I RA 
Construction Quality Control/Quality Assurance Program is provided in 
the PRPs' November 7, 2001 Phase I Remedial Action Construction 
Completion Report.
    Based on the quarterly leachate monitoring data available at the 
time of the PCOR, EPA believed that the Phase II RA work was not 
required. Additional monitoring conducted subsequent to the PCOR, 
however, indicated that the Phase II RA work was needed, which EPA 
documented in the 2011 ESD.
    The PRPs initiated the Phase II RA construction work on September 
12, 2011. The Phase II RA involved constructing the treatment wetlands 
for the collected groundwater and leachate. EPA approved the PRPs' 
wetlands design plans in September 2011. The PRPs substantially 
completed the Phase II RA construction work by November 14, 2011.
    The treatment wetlands system is designed to capture the flow from 
the Groundwater/Leachate Transport Pipe, Kings Run French Drain, Seep 
L-4, and Seep A and treat the water in two wetland cells. The cells are 
partially lined with limestone and the collected groundwater/leachate 
flows from one treatment cell to the other via gravity flow. The 
treated water then discharges into the existing principal spillway and 
into Kings Run, which discharges into Little McMahon Creek. The Phase 
II RA also included the construction of planting shelves and discharge 
and outfall structures. See Figure 2 in the Docket.
    The objective of the treatment system is to raise the pH of the 
collected water, reduce the concentrations of COCs to acceptable levels 
prior to discharge, and meet the surface water discharge limits in 
Attachment B of the 2003 ESD. In addition, the wetlands system uses 
passive aeration and pH-adjustment to precipitate and remove dissolved 
iron and other metals from the groundwater/leachate, resulting in a 
reduction of the orange/red color and iron precipitate embedment 
observed in Kings Run.
    Documentation of the PRPs' Phase II RA and Phase II Construction 
Quality Control/Quality Assurance Program is provided in the PRPs' June 
20, 2012 Phase II Remedial Action Construction Completion Report.

Cleanup Levels

    The remedy for the landfill materials and contaminated soil at the 
Buckeye Site is a containment remedy; therefore, the 1991 ROD does not 
establish cleanup levels for the landfill materials or soil.
    The contaminated groundwater/leachate at the Buckeye Site is 
addressed by the constructed wetlands collection and treatment system. 
The 1991 ROD did not establish specific quantitative performance 
criteria for groundwater/leachate treatment. Instead, the ROD included 
final effluent limitations and monitoring requirements for the 
discharge of the treated groundwater and leachate to Little McMahon 
Creek.
    EPA updated the discharge requirements for the Buckeye Site in the 
2003 ESD (see Attachment B of the 2003 ESD, ESD Limits and Monitoring 
Requirements for Buckeye Reclamation Landfill Authorized Discharges, in 
the Docket). The updated discharge requirements are based on the 
regulations in the Ohio Revised Code Chapter 6111 Water Pollution 
Control Act and apply to the combined flow from Kings Run and the 
landfill groundwater/leachate wetlands treatment system at location KR-
2, prior to discharging to Little McMahon Creek (see Figure 2 in the 
Docket).

[[Page 37126]]

    EPA issued a third ESD, which addressed discharge requirements, in 
2011. The 2011 ESD allows for future changes to the monitoring 
frequency and/or monitoring parameters if approved in writing by EPA. 
In 2014, as allowed by the 2011 ESD, EPA approved a reduction in the 
monitoring frequency for KR-2, from monthly to every two months.
    Wetland and surface water monitoring data collected by the PRPs 
from December 2011 to December 2016 indicate that the wetlands are 
generally operating in accordance with the 2011 Engineering Design 
objectives. The key wetlands design objective is 20 to 40 percent iron 
removal, and the wetlands are typically achieving a 50 to 60 percent 
iron removal. Frequent low-pH values are detected in the wetlands 
discharge during periods of low flow and are most likely due to iron 
hydroxide precipitation/accumulation coupled with the influence of less 
buffering and retention capacity in wetlands treatment Cell #2. In 
2015, the PRPs augmented the wetlands with additional limestone to 
mitigate this effect.
    The surface water monitoring data collected downstream from the 
constructed wetlands at location KR-2 have demonstrated ongoing 
compliance with the discharge limits except for low pH and occasional 
exceedances of Whole Effluent Toxicity (WET) test limits. Similar to 
the pH values found in the wetlands samples, low pH values in the 
surface water samples tend to correspond with periods of low flow and 
low precipitation. Overall, discharge water quality has improved since 
the construction of the treatment wetlands system, as demonstrated by 
an overall improvement in the WET test results and the removal of 
significant amounts of iron (approximately 20 tons per year), 
indicating that the system is working effectively.
    Additional information concerning the wetlands and surface water 
monitoring data is available in the 2018 6th Annual Wetland/SWCMP 
Report in the Docket.
    Although there are no cleanup standards for groundwater, the PRPs 
conduct semiannual long-term groundwater monitoring at the Buckeye Site 
in accordance with the January 2004 Phase I RA O&M Plan. Approximately 
32 rounds of groundwater monitoring data have been collected at the 
Buckeye Site since the Phase I RA construction work was completed in 
2001.
    The groundwater monitoring well network consists of 15 monitoring 
wells in the three hydrogeologic units of concern at the Buckeye Site: 
The Unconsolidated Materials/Mine Refuse unit, the Benwood Limestone 
unit, and the Redstone Limestone unit (see Figure 1.1 in the Docket). 
The groundwater monitoring indicates that a few organic compounds 
continue to be very infrequently detected at low estimated 
concentrations that do not exceed Maximum Contaminant Levels (MCLs). 
Arsenic continues to be detected above MCLs in a groundwater monitoring 
well installed in the Unconsolidated Materials/Mine Refuse unit, but 
was not detected in any of the other groundwater monitoring wells or 
hydrogeological units. A few other metals and general chemistry 
parameters are also present at levels above secondary MCLs. See Figures 
2.1 to 2.3 and Table 1.1 in the Docket.
    The primary COCs identified at concentrations above MCLs and/or 
above background values in all three hydrogeological units at the 
Buckeye Site are: Sulfate, iron, chloride, manganese, total dissolved 
soils, and di(2-ethylhexyl) phthalate. These COCs have only secondary 
MCLs. Arsenic is present at concentrations above the MCL, but only in 
one well located in the Unconsolidated Materials/Mine Refuse unit.
    The concentrations of the groundwater constituents decrease to 
below detection limits before moving beyond the Buckeye Site 
boundaries. In addition, the concentrations of the significant 
groundwater constituents at the Buckeye Site have been relatively 
stable over the past eight years. Groundwater at the Buckeye Site is 
not used as a source of drinking water, and the closest neighborhood is 
supplied with water from the Belmont County Water and Sewer District.
    The most recent groundwater monitoring results for the Buckeye Site 
are available in the 2019 Groundwater Monitoring Program Report, Year 
17, Round 2, in the Docket.
    On December 1, 2017, EPA's Office of Superfund Remediation and 
Technology Innovation (OSRTI) and Region 5 held a conference call to 
discuss the proposal for Per- and Polyfluoroalkyl Substances (PFAS) 
sampling at the Buckeye Site prior to proposing the Buckeye Site for 
deletion from the NPL. Based on the waste that was deposited at the 
Buckeye Site and the length of time that the landfill was open, OSRTI 
concurred that sampling was warranted to determine whether PFAS is 
present.
    On June 5, 2018, EPA approved the PRPs' Quality Assurance Project 
Plan (QAPP), Per- and Polyfluoroalkyl Substances Amendment, Revision 
No. 5. In July 2018, with EPA field oversight, the PRPs collected 
samples for PFAS analysis from the complete network of 15 groundwater 
monitoring wells (shown on Figure 4 in the Docket) and from three 
surface water monitoring locations (KR-1, KR-2 and KR-3, shown on 
Figure 2 in the Docket). The PRPs submitted the samples to TestAmerica 
Laboratories, Inc. to run analytical method EPA 537 Modified. EPA 
collected split samples at each sample location and submitted the 
samples to its Chicago Regional Lab (CRL) to run CRL Standard Operating 
Procedure OM021, which references American Society for Testing and 
Materials Method 7979.
    Because many materials potentially can contain PFAS, a conservative 
PFAS sampling protocol was implemented to avoid cross-contamination. It 
is important to note that at the time of the PFAS sampling, there were 
no EPA-approved methods for the preparation and analysis of PFAS 
samples in media other than drinking water. (EPA's approved method for 
PFAS in drinking water is EPA Method 537.) The groundwater and surface 
water that was sampled is not drinking water.
    Review of the two data sets, the PRPs' and EPA's, indicate 
comparable results with no major differences or significant data 
issues. The majority of the EPA sample results for the sum of the 
concentrations for two main PFAS substances, perfluorooctanoic acid 
(PFOA) and perfluorooctane sulfonate (PFOS), were non-detect, while the 
PRPs' sample results had more detections. In both cases, the sums of 
the concentrations of PFOA and PFOS for EPA's and the PRPs' individual 
samples, were well below 70 nanograms per liter (ng/L) (equivalent to 
70 parts per trillion), which is EPA's non-regulatory lifetime Health 
Advisory for drinking water.
    The maximum concentration of the sum of PFOA/PFOS detected in EPA's 
groundwater samples was 12.8 ng/L. The maximum concentration of the sum 
of PFOA/PFOS detected in the PRPs' groundwater samples was 16.8 ng/L.
    EPA's surface water results at surface water sampling locations KR-
3 (upstream of the Buckeye Site) and KR-1 (adjacent to the Buckeye 
Site) for the sum of PFOA/PFOS were non-detect. EPA's surface water 
sampling result for the sum of PFOA/PFOS at location KR-2 (downstream 
of the Buckeye Site) was 11.7 ng/L. The PRPs' surface water results for 
the sum of PFOA/PFOS at the three surface water sampling locations 
were: 5.3 ng/L at KR-3, 6.50 ng/L at KR-1, and 10.6 ng/L at KR-2.
    Based on the PFAS data, EPA believes that PFAS is not significantly 
present at

[[Page 37127]]

the Buckeye Site. Additionally, groundwater at the Buckeye Site is not 
used as a source of drinking water and the closest residential area to 
the Buckeye Site is supplied with water from the Belmont County Water 
and Sewer District. EPA has therefore concluded that further PFAS 
investigation at the Buckeye Site is not warranted and that the Buckeye 
Site remains eligible for NPL deletion.

Operation and Maintenance

    The PRPs' contractor conducts long-term O&M at the Buckeye Site in 
accordance with the revised January 2004 O&M Plan for the Phase I RA 
work and the June 2012 O&M Plan for the Phase II RA work (Appendix B of 
the 2012 Phase II RA and Construction Completion Report).
    The selected remedy does not include any actively-operating 
systems. Phase I O&M activities for the Buckeye Site address the Phase 
I remedial components (e.g., landfill cap, passive gas collection 
system components, channels, roads, fence, etc.) and include regular 
inspections, routine and unscheduled maintenance, quarterly Buckeye 
Site inspections, long-term groundwater monitoring, and annual 
explosive gas monitoring and reporting. Phase II O&M activities for the 
Buckeye Site include wetlands performance and surface water monitoring.
    Additional information about the O&M activities and monitoring 
results at the Buckeye Site is available in the Docket in the 2016 
Phase I and II Remedial Action Post Closure Operation and Maintenance 
Inspection Report, the 2018 6th Annual Wetland/SWCMP Report, and the 
2019 Groundwater Monitoring Program Report, Year 17, Round 2.
    The selected remedy includes institutional controls (ICs) as a 
remedy component. EPA determined that ICs in the form of proprietary 
controls were needed for all properties affected by the approximately 
100-acre landfill cap at the Buckeye Site. The proprietary control 
implemented on these parcels is a Uniform Environmental Covenants Act 
(UECA) restrictive covenant. On February 21, 2013, the property owner 
recorded an Environmental Covenant with the Belmont County Recorder's 
Office, Instrument No. 2013000020080. Four (4) parcels of real property 
which together contain 440.658 acres are subject to the covenant.
    The environmental covenant prohibits drilling, digging, and 
construction on the parcels, restricts parcel use to commercial/
industrial, and prohibits the consumption of groundwater. A copy of the 
environmental covenant is provided in the Docket. The covenant is an 
effective control to assure long-term protectiveness for any areas of 
the Buckeye Site which do not allow for unlimited use and unrestricted 
exposure (UU/UE).
    Long-term stewardship is addressed at the Buckeye Site through the 
implementation of the environmental covenant, in conjunction with 
engineering controls and routine O&M inspections, to ensure that the 
remedy continues to function as intended. The Buckeye Site achieved 
EPA's Site-Wide Ready for Anticipated Use designation on May 1, 2013.

Five-Year Review

    The Buckeye Site requires statutory five-year reviews (FYRs) due to 
the fact that hazardous substances, pollutants, or contaminants remain 
at the Buckeye Site above levels that allow for UU/UE.
    EPA completed the third FYR for the Buckeye Site in May 2014. The 
2014 FYR found that the site-wide remedy is protective of human health 
and the environment. Exposure pathways that could result in 
unacceptable risks are being controlled and monitored. An environmental 
covenant is in place and restricts parcel use that would defeat or 
impair the effectiveness of the remedial measures. The environmental 
covenant prohibits drilling, digging, and construction on the parcels, 
restricts parcel use to commercial/industrial activities, and prohibits 
the consumption of groundwater.
    The 2014 FYR did not identify any issues that affect the 
protectiveness of the remedy at the Buckeye Site. The FYR, however, 
noted that further data collection and evaluation are needed to 
determine the effectiveness of the constructed wetlands and the 
achievement of the design goals over the long-term.
    In 2016, the PRPs addressed the concerns identified in the 2014 FYR 
by removing sediment from the wetland, replacing the iron-encrusted 
limestone in Cell #1 with fresh limestone, and placing limestone in 
Cell #2. In 2017, the PRPs also implemented additional monitoring to 
assist in further evaluating the low pHs observed in the wetlands 
discharge and at KR-2 and to evaluate other wetlands performance and 
surface water quality conditions.
    Over time, long-term trends for the constructed wetland will be 
available from the continued required monitoring and reporting, such as 
the effects of seasonal weather conditions on the efficiency of the 
wetland, the effectiveness of the wetlands in adjusting the pH and 
removing iron from the collected groundwater/leachate, and the impact 
of the wetlands system on the water quality of Kings Run and Little 
McMahon Creek.
    Copies of the 2004, 2009 and 2014 FYR Reports are available in the 
Docket. EPA expects to complete the next FYR for the Buckeye Site in 
2019.

Community Involvement

    EPA satisfied public participation activities for the Buckeye Site 
as required by Sections 113(k)(2)(B)(i-v) and 117 of CERCLA, 42 U.S.C. 
9613(k)(2)(B)(i-v) and 9617. EPA established local information 
repositories for the Buckeye Site at the St. Clairsville Public Library 
in Clairsville, Ohio and at the Neffs Branch of the Martins Ferry 
Public Library in Neffs, Ohio. EPA maintains a copy of the 
administrative record documents for the Buckeye Site at the local 
information repositories and at EPA's Region 5 office.
    EPA released the FS Report and its proposed cleanup plan for the 
Buckeye Site to the public in May 1991 at the start of the public 
comment period. EPA published newspaper announcements advertising the 
proposed cleanup plan for the Buckeye Site, the 30-day public comment 
period, and the availability of a public meeting, in The Times Leader, 
Martins Ferry, Ohio and in The Intelligencer, in Wheeling, West 
Virginia. EPA also mailed a fact sheet summarizing the proposed cleanup 
plan to individuals on the Site mailing list.
    EPA and OEPA conducted a public meeting on May 30, 1991, to explain 
the details of the Buckeye Site RI/FS and proposed cleanup plan, answer 
questions from the community, and accept public comments. A court 
reporter was present to record the meeting. EPA also distributed copies 
of the Proposed Plan fact sheet at the meeting.
    EPA received a request for a 10-day extension to the public comment 
period on May 31, 1991. EPA granted the extension, which ran until June 
26, 1991. EPA placed a public notice in The Intelligencer and The Times 
Leader announcing the extension to the public comment period. EPA 
responded to the comments received during the public comment period in 
a Responsiveness Summary attached to the 1991 ROD.
    As part of the FYR process, EPA published advertisements announcing 
EPA's FYRs for the Buckeye Site in the local newspaper, The Times 
Leader, on October 23, 2008 and February 2, 2014. The newspaper 
announcements informed the community about the start and purpose of the 
FYRs and invited the public to submit comments and concerns about the 
Buckeye Site to EPA.

[[Page 37128]]

EPA placed copies of the 2004, 2009 and 2014 FYR Reports in the local 
information repositories in the St. Clairsville and Martins Ferry 
public libraries, and made them available on EPA's website.
    EPA arranged to publish an advertisement announcing the publication 
of this rule and the 30-day public comment period in The Times Leader 
concurrent with publishing this deletion in the Federal Register. 
Documents in the deletion docket, which EPA relied on to support the 
deletion of the Buckeye Site from the NPL, are available to the public 
at the Buckeye Site information repositories and at http://www.regulations.gov.

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

    The June 21, 2019, Final Close Out Report documents that the PRPs 
have successfully implemented all appropriate response actions at the 
Buckeye Site in accordance with the 1991 ROD, the 1997, 2003 and 2011 
ESDs, and EPA's Close Out Procedures for National Priorities List Sites 
(OLEM Directive 9320.2-22, May 2011).
    The cleanup actions specified in 1991 ROD and the 1997, 2003 and 
2011 ESDs have been implemented and the Buckeye Site meets acceptable 
risk levels for all media and exposure pathways. The environmental 
covenant and long-term stewardship actions required at the Buckeye Site 
are consistent with EPA policy and guidance.
    The landfill materials and contaminated soil at the Buckeye Site 
are contained with a low-permeability solid waste cap. Contaminated 
groundwater and leachate are collected and treated by the constructed 
wetlands collection and treatment system prior to discharging to King's 
Run and Little McMahon Creek. Surface water compliance sampling 
confirms that the Buckeye Site is meeting discharge criteria except for 
occasional detections of low pH and exceedances of WET test limits, 
which tend to correspond with periods of low flow and low 
precipitation. Overall, the quality of the discharge water has improved 
since the construction of the treatment wetlands system, as 
demonstrated by an overall improvement in the WET test results and the 
removal of significant amounts of iron (approximately 20 tons per 
year), indicating that the system is working effectively.
    Routine O&M, groundwater and surface water monitoring, the 
environmental covenant and FYRs confirm that the Buckeye Site no longer 
poses a significant threat to human health or the environment. 
Therefore, EPA has determined that no further Superfund response is 
necessary at the Buckeye Site.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of Ohio, has determined that all required 
response actions have been implemented at the Buckeye Site and that no 
further response action is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of Ohio through the OEPA, 
has determined that all appropriate response actions under CERCLA, 
other than operation and maintenance, monitoring and five-year reviews, 
have been completed at the Buckeye Site. Therefore, EPA is deleting the 
Buckeye 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 September 30, 2019 unless EPA receives adverse comments by 
August 30, 2019. 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: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
    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. 9601-9675; 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 the entry 
``OH'', ``Buckeye Reclamation'', ``St. Clairsville''.
[FR Doc. 2019-16197 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P