[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Proposed Rules]
[Pages 38905-38911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17017]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-9997-99-Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Novak Sanitary 
Landfill Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 3 is issuing 
a Notice of Intent to Delete the groundwater portion of the Novak 
Sanitary Landfill Superfund Site (Site) located in South Whitehall 
Township, Pennsylvania, from the National Priorities List (NPL) and 
requests public comments on this proposed action. 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). The EPA and the Commonwealth of Pennsylvania, 
through the Pennsylvania Department of Environmental Protection 
(PADEP), have determined that all appropriate response actions to 
address the groundwater portion of the Site, other than monitoring, 
operations and maintenance and Five-Year Reviews (FYRs), have been 
completed. However, this deletion does not preclude future actions 
under Superfund.
    This partial deletion pertains only to the groundwater portion of 
the Site. The landfill and landfill gas components of the Site will 
remain on the NPL and are not being considered for deletion as part of 
this action.

DATES: Comments must be received by September 9, 2019.

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. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: Remedial Project Manager: [email protected].
     Mail: Community Involvement Coordinator: 
[email protected].

Rombel Arquines (3SD21), U.S. Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, PA 19103-2029.

[[Page 38906]]

Alexander Mandell (3RA22), U.S. Environmental Protection Agency, Region 
3, 1650 Arch Street, Philadelphia, PA 19103-2029.

     Hand delivery: U.S. Environmental Protection Agency, 
Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, 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 email. The http://www.regulations.gov website 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region 3 Records Center, 1650 
Arch Street, Philadelphia, Pennsylvania 19103-2029. Business Hours: 8 
a.m.-5 p.m. (by appointment only), Monday-Friday excluding federal 
holidays (215) 814-3157.
Parkland Community Library, 4422 Walbert Ave., Allentown, PA 18104, 
Business Hours: Monday-Thursday 9 a.m.-9 p.m.; Friday 9 a.m.-6 p.m.; 
Saturday 9 a.m.-1 p.m.; closed Sunday. (610) 398-1361.

FOR FURTHER INFORMATION CONTACT: Rombel Arquines, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 3, (3SD21), U.S. 
Environmental Protection Agency, Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103-2029, (215) 814-3182, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA announces its intent to delete the groundwater portion of the 
Novak Sanitary Landfill Superfund Site (Site), from the National 
Priorities List (NPL) and requests public comment on this proposed 
action. The NPL constitutes Appendix B of 40 CFR part 300 which is the 
NCP, which EPA promulgated pursuant to section 105 of the CERCLA of 
1980, as amended. EPA maintains the NPL as those 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). This deletion of 
the groundwater portion of the Site is proposed in accordance with 40 
CFR 300.425(e) and is consistent with the Notice of Policy Change: 
Partial Deletion of Sites Listed on the National Priorities List. 60 FR 
55466 (Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a 
portion of a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions warrant such actions.
    EPA will accept comments on the proposal to partially delete this 
Site for thirty (30) days after publication of this document in the 
Federal Register.
    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 groundwater portion of the 
Site and demonstrates how it meets the deletion criteria.

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 Commonwealth, 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 FYRs 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 FYRs 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 groundwater 
portion of the Site:
    (1) EPA consulted with the Commonwealth of Pennsylvania before 
developing this Notice of Intent for Partial Deletion.
    (2) EPA provided the Commonwealth of Pennsylvania thirty (30) 
working days for review of this notice prior to publication of it 
today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The Commonwealth of Pennsylvania, through the Pennsylvania 
Department of Environmental Protection (PADEP), has concurred with the 
deletion of the groundwater portion of the Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a

[[Page 38907]]

notice is being published in a major local newspaper, the Parkland 
Press. The newspaper announces the 30-day public comment period 
concerning the Notice of Intent for Partial Deletion of the Site from 
the NPL.
    (6) EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket, made these items available for public 
inspection, and copying at the Site information repositories identified 
above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the groundwater portion of the 
Site. If necessary, EPA will prepare a Responsiveness Summary to 
address any significant public comments received. After the public 
comment period, if EPA determines it is still appropriate to delete the 
groundwater portion of the Site, the Regional Administrator will 
publish a final Notice of Partial Deletion in the Federal Register. 
Public notices, public submissions and copies of the Responsiveness 
Summary, if prepared, will be made available to interested parties and 
included in the site information repositories listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Intended Partial Site Deletion

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

Site Background and History

    The Site (EPA ID: PAD079160842) is located in the northern portion 
of South Whitehall Township in Lehigh County, Pennsylvania. The 
approximately 65-acre parcel is situated on a hillside north of Jordan 
Creek and south of Orefield Road. The Site is separated from 
neighboring properties by a steep drop in elevation to the south and 
southwest due to natural topography and to the buildup of the landfill 
disposal areas and storm-water management berms. The Beekmantown Group 
and Allentown Formation comprise the aquifer that underlies the Site. 
Groundwater mounds in the bedrock beneath the landfill waste, and water 
within the landfill flows radially.
    From the mid-1950's until May 1990, Novak Sanitary Landfill, Inc. 
operated the Site as a landfill for municipal, commercial, and 
industrial solid waste. Alleged permit violations discovered by the 
Pennsylvania Department of Environmental Protection (PADEP) in 1984, 
then known as the Pennsylvania Department of Environmental Resources 
(PADER), led to a Site Investigation (SI) by EPA in 1985. The SI 
identified Site-related hazardous substances in the groundwater in 
proximity to private residential wells and a public supply well. Based 
on the information gathered in the SI, the Site was proposed to the 
National Priorities List (NPL) on January 22, 1987 (52 FR 2492) and 
added as final on October 4, 1989 (54 FR 41000).
    The historical waste disposal areas of the landfill include:
     An old surface iron mine excavation (Old Mine Area) in the 
north-central area (approximately 9 acres) containing municipal, 
commercial and industrial waste;
     A demolition debris fill area (Demolition Fill Area) in 
the northeast area (approximately 2 acres) containing municipal and 
commercial solid waste;
     A Surface Fill Area (including the East, West and 
Southwest Trenches) containing municipal and commercial solid waste 
which extends across the northwestern and central part of the Site 
property (approximately 14 acres); and,
     A Trench Fill Area occupying the southern portion of the 
Site property (approximately 9 acres) also containing municipal and 
commercial solid waste.

Remedial Investigation and Feasibility Study (RI/FS)

    On January 11, 1989, sixteen Potentially Responsible Parties (PRPs) 
entered into an Administrative Order on Consent with EPA to perform the 
Remedial Investigation (RI) and to prepare the Feasibility Study (FS) 
for the Site. The RI/FS report was approved by EPA on September 30, 
1993.

Selected Remedy

    The Selected Remedy for the Site was documented in a September 30, 
1993 Record of Decision (1993 ROD) and modified in a March 13, 2015 
Explanation of Significant Differences (2015 ESD). The Selected Remedy 
identified in the 1993 ROD was comprised of the following components:
     Installation of a perimeter fence around the Site 
boundaries;
     Implementation of deed restrictions within the Site 
boundaries;
     Removal of contaminated landfill surface water and 
sediments based on the results of additional sampling and environmental 
risk assessments to be conducted;
     Installation of landfill surface water control systems to 
provide drainage and to minimize soil erosion throughout the Site;
     Containment of the landfill contents by construction of a 
cap over the entire waste area, including the Surface Fill, Trench 
Fill, Old Surface Iron Mine Excavation and Demolition Debris Fill 
Areas; the constructed cap is a multilayer, impermeable soil cap with a 
geo-synthetic layer.
     Site restoration to promote wildlife habitat diversity 
without jeopardizing the integrity of the cap;
     Installation and monitoring of a gas collection system 
that is compatible with an active gas collection and treatment system;
     Ongoing leachate collection and monitoring throughout the 
Site and transport of leachate to an approved wastewater treatment 
facility by tanker for disposal;
     Preparation of a contingency method for on-site leachate 
treatment and disposal to surface water if approval for disposal at an 
approved wastewater treatment facility was not obtained;
     Long-term groundwater monitoring in the vicinity of the 
Site. Achievement of background levels or maximum contaminant levels 
(MCLs), whichever is lower, in groundwater. Create a contingency plan 
for provision of drinking water (via residential treatment units or 
waterline hookups) to affected residences. Delineation of the source of 
groundwater contamination in the vicinity of RW-13;
     Operation and Maintenance (O&M) of the vegetative soil 
cover, the cap and the treatment systems (gas venting system and 
leachate collection system) on-site.
    The 2015 ESD modified the Selected Remedy as follows:
     It eliminated the requirement to continuously remove 
leachate from the landfill. Monitoring of the leachate system will 
continue and provisions for removing and treating additional leachate, 
if determined to be necessary by EPA, will remain.
     It eliminated the performance standard that required 
continuous removal of leachate to ensure that leachate depth in the 
waste disposal areas does not exceed one (1) foot.
     It changed the groundwater performance standard to the 
lower of either the MCL codified at 40 CFR part

[[Page 38908]]

141 and promulgated pursuant to the Safe Drinking Water Act, 42 U.S.C. 
300f, et seq. or the non-zero maximum contaminant level goal (MCLG) for 
that contaminant. The ESD also modified the groundwater performance 
standard by including the requirement that, in addition to MCLs and 
non-zero MCLGs being achieved, the cumulative risk presented by all 
remaining Site-related compounds in the groundwater at the conclusion 
of the Selected Remedy must be at or below the 1 x 10-4 
cancer risk level, and the non-cancer Hazard Index (HI) must be less 
than or equal to 1 for four consecutive quarters.
    The Remedial Action Objectives (RAOs) for the Site as established 
in the 1993 ROD were as follows:
 Landfill Contents
--Prevent direct contact to exposed landfill contents;
 Leachate
--Prevent direct contact to the leachate seeps on the landfill surface;
--Reduce the leaching of constituents from the landfill contents to the 
groundwater;
 Landfill Gas
--Control subsurface off-site migration of landfill gas;
--Control combustible gas concentrations;
 Groundwater
--Prevent human ingestion and inhalation of groundwater containing 
Site-related constituents in excess of federal MCLs or Pennsylvania 
Water Quality Criteria;
--Prevent human ingestion and inhalation of groundwater which would 
present excess lifetime cancer risks greater than 1 x 10-4 
or hazard indices greater than one (1);
--Remediate groundwater to background levels;
 On-Site Surface Water
--Remediate altered surface water quality exhibiting excess lifetime 
cancer risks greater than 1 x 10-4 or hazard indices greater 
than one (1);
--Prevent contact of surface water with landfill contents;
--Control surface water runoff and erosion;
 Ecological Receptors
--Conduct chronic toxicity studies (through environmental risk 
assessments) to determine if low levels of contamination may cause 
ecological impairment; and,
 Jordan Creek
--Based upon the analytical results of sediment samples taken from 
Jordan Creek, and an evaluation of groundwater and surface flow 
characteristics, it was determined that the conditions of Jordan Creek 
downstream of the landfill are consistent with conditions upstream of 
the landfill, or background conditions. Since inorganic sediment 
samples did not indicate that the creek was altered by surface water 
run-off from the Site, a determination was made that no further 
investigation of the creek was necessary.

Response Actions

    Pursuant to a June 30, 1995 Unilateral Administrative Order for 
Remedial Design/Remedial Action (Docket No. III-95-52-DC), the PRP 
group developed a Remedial Design Report that was approved by EPA on 
July 16, 1999. The PRPs initiated construction of the Selected Remedy 
on June 5, 2000. The final inspection was completed on August 29, 2002 
and construction completion for the Site was documented in the 
Preliminary Close-Out Report (PCOR), dated September 17, 2002. EPA 
approved the PRP Remedial Action Completion Report on July 13, 2004. 
The following Remedial Action (RA) activities were implemented by the 
PRP group according to the EPA-approved RD specifications:
     Installation of a perimeter fence around the Site 
boundaries;
     Installation of a multi-layered impermeable cap over the 
entire waste area;
     Removal of contaminated on-site surface water and 
sediments based on results of additional sampling and environmental 
risk assessments;
     Installation of surface water control systems to provide 
drainage and to minimize soil erosion throughout the Site which 
includes four sediment ponds, spillways, drainage swales, diversion 
berms, and a discharge line for surface waters to Jordan Creek;
     Site restoration to promote wildlife habitat diversity 
including planting wetland plant species within and around the sediment 
ponds;
     Installation and monitoring of a passive gas collection 
system that is compatible with an active gas collection and treatment 
system (if future data indicates it is needed); and
     Ongoing leachate collection and monitoring throughout the 
Site and transport of leachate through a series of sixteen extraction 
wells and three main leachate collection lines to a 100,000-gallon 
collection tank, and a pump house and tanker truck pad for 
transportation of the collected leachate to the Allentown wastewater 
treatment facility for disposal.
    As required by the 1993 ROD, an investigation of the former well 
RW-13 was performed by the PRP group in March 1999 as part of a pre-
design investigation to determine the source of contamination in 
groundwater. A soil vapor contamination assessment was conducted to 
assess the potential source of constituents detected in the former well 
RW-13, as well as to aid in locating additional monitoring wells. Two 
new monitoring wells, MW-24 and MW-25, were installed and analyzed 
after the soil vapor contamination assessment. These wells were placed 
to hydro-geologically isolate the maintenance area, a potential source 
area of contamination. It was concluded that the type and 
concentrations of constituents found in the bedrock wells MW-24 and MW-
25 are consistent with the nature of impacted groundwater historically 
found in well RW-13, as well as other monitoring wells. No additional 
source area was identified. Long-term monitoring of Site monitoring 
wells and nearby residential wells has been performed since 2000.

Cleanup Levels

    The 1993 ROD performance standard requiring continuous removal of 
leachate from the landfill to a depth of one foot was eliminated by the 
2015 ESD. The groundwater cleanup levels for the COCs identified in the 
1993 ROD, as modified in the 2015 ESD, are identified below in Table 1.

                      Table 1--Groundwater Cleanup Levels for Site Contaminants of Concern
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                                                                                               Non-zero MCLG (ug/
                            Contaminant of concern                              MCL  (ug/L) *         L) *
----------------------------------------------------------------------------------------------------------------
Organics:
    benzene..................................................................               5  .................
    bromodichloromethane.....................................................              80  .................
    chlorobenzene............................................................             100                100

[[Page 38909]]

 
    chloroform...............................................................              80                 70
    dibromochloromethane.....................................................              80                 60
    1,4-dichlorobenzene......................................................              75                 75
    1,1-dichloroethane.......................................................            (**)               (**)
    1,2-dichloroethane.......................................................               5  .................
    1,1-dichloroethene.......................................................               7                  7
    1,2-dichloroethene (cis).................................................              70                 70
    1,2-dichloroethene (trans)...............................................             100                100
    1,2-dichloropropane......................................................               5  .................
    1,3-dichloropropene (trans)..............................................            (**)               (**)
    ethyl benzene............................................................             700                700
    toluene..................................................................           1,000              1,000
    tetrachloroethene........................................................               5  .................
    1,1,1-trichloroethane....................................................             200                200
    trichloroethylene........................................................               5  .................
    vinyl chloride...........................................................               2  .................
    xylene (total)...........................................................          10,000             10,000
Inorganics:
    Cadmium..................................................................               5                  5
    Beryllium................................................................               4                  4
----------------------------------------------------------------------------------------------------------------
``.....'' Non-zero MCLGs are not available for these site-related compounds.
* Values in bold are the selected performance standard.
** These site-related compounds do not have MCLs or non-zero MCLGs but were included in the cumulative risk
  assessment.

    The PRP group samples 13 monitoring wells on an annual basis for 
the compounds listed in Table 1, above. Groundwater COC concentrations 
at all sampling locations have been below the cleanup levels for all 
COCs since 2004. Additionally, in accordance with the 2015 ESD, EPA 
performed a cumulative risk assessment using the four most recent 
annual groundwater sampling results from 2015 through 2018. The 2015 
ESD specifies that the cumulative risk assessment be performed using 
data from four consecutive quarters. Since groundwater at the Site is 
monitored annually, rather than quarterly, EPA conservatively performed 
the risk assessment based upon four years, rather than four quarters, 
of monitoring data. Groundwater COC concentrations were compared to EPA 
Tap Water Risk Screening Level (RSLs) and if the RSL was exceeded, a 
risk assessment was performed. Chlorobenzene, 1,2-dichloroethane, TCE, 
and vinyl chloride exceeded their respective RSLs in the 2015-2018 
dataset at a limited number of wells. However, when risks were 
calculated for these chemicals assuming a conservative default future 
residential exposure (ingestion, dermal exposure, and inhalation from 
showering exposure routes), the cumulative non-cancer HIs were below 1 
and the cumulative cancer risks were below 1 x 10-4 at each 
monitoring well.
    Based on the results of the annual groundwater monitoring and the 
cumulative risk assessment, the groundwater cleanup levels and 
performance standards have been achieved and the groundwater portion of 
the Site is eligible for deletion from the NPL.

Operation and Maintenance

    O&M activities of the remediation system are being performed by the 
PRP group in accordance with the requirements of the 1995 UAO. Ongoing 
O&M activities include operation, maintenance, and monitoring of the 
Landfill cap and passive gas vent system, groundwater and residential 
well monitoring, and stormwater management. The PRP group also 
historically performed O&M of the leachate extraction system before it 
was decommissioned in 2011.
Landfill Cap
    Vegetative cover at the Landfill is maintained by a cutting 
program. The entire Site is mowed three times per year. Wetland areas, 
vegetated with the specified wetland seed, are not mowed. Other cover 
vegetation maintenance measures include removal of trees, saplings, 
shrubs, weeds, and other plants that may cause damage to the cap 
system. The cap is also re-seeded where bare spots occur. Soil ruts, 
channels, washouts, animal burrows or other erosion greater than six 
inches deep are repaired. Repairs to the cap geo-synthetics and the on-
site gravel road are completed, as necessary. Landfill cap maintenance 
is documented in monthly progress reports to EPA.
Landfill Gas Monitoring System
    Quarterly gas monitoring is performed at 14 gas monitoring points 
located outside the perimeter of the Landfill cap, and 12 residences to 
ensure that measured concentrations of combustible gases remain below 
the lower explosive limit (LEL). The collected information includes 
flow, percent LEL, percent oxygen, and concentrations of VOCs, methane, 
carbon monoxide, and hydrogen sulfide in parts per million. Since the 
leachate extraction system was decommissioned, including the pump house 
electrical systems, the pump house is primarily used as storage and gas 
monitoring in the pump house is unnecessary.
    The basements of 12 residences adjacent to the Site are monitored 
on a quarterly basis for the percent LEL and percent oxygen as well as 
total VOCs (TVOCs). Because the sampling method cannot distinguish 
specific VOCs, it cannot be the sole line of evidence used to determine 
if the measured TVOCs are from the Landfill or from household 
chemicals/solvents being used in the residences. In 2007-2008, a three-
phase investigation addressed the concern that TVOCs detections in the 
monitoring results could be caused by gas migration from the Site. EPA 
concluded that the occasional TVOC results in the residential sampling 
were not Site-related and that further vapor intrusion mitigation 
action was not warranted at the Site. In the past five years, there 
have been no detections above the LEL and no detections of TVOC COCs 
above

[[Page 38910]]

screening levels in any of the quarterly residential air monitoring 
samples.
    A passive gas collection system was installed within the Landfill 
limits to collect and vent accumulated gases in the Surface Fill, 
Trench Fill, Demolition Fill, and Old Mine areas and to control gas 
migration. Additionally, 14 gas monitoring points (GMPs) were installed 
along the perimeter of the Landfill boundary. These passive gas points 
were installed to serve two purposes: (1) To intercept the potential 
migration of subsurface Landfill gas off-site, and (2) to monitor the 
effectiveness of the Landfill gas venting system. In addition, 
residential indoor air monitoring occurs quarterly. Since the 
installation of two pairs of passive gas vents in 2007, only three 
GMPs, GMP-3, GMP-7, and GMP-8, have had detections above the LEL of 
methane.
    Quarterly monitoring of the on-site GMPs and residential properties 
will continue to be performed by the PRP group.
Leachate Extraction Wells
    As indicated above, the leachate collection system was 
decommissioned in 2011. The leachate collection system was intended to 
remove accumulated leachate present beneath the Landfill as a singular 
event, prior to the construction of the cap. It accommodated leachate 
extraction from 21 pumping leachate extraction/gas venting wells 
(eventually optimized down to eight producing wells) at a combined 
maximum design flow rate of 63 gallons per minute. Extracted leachate 
was temporarily stored in an aboveground 100,000-gallon tank within a 
lined containment berm prior to transfer to the local Publicly Owned 
Treatment Works for disposal via tanker trucks. No leachate was pumped 
during the second leachate pilot (2009-2011), which tested the effects 
of shutting down the entire leachate system, or after EPA determined 
that the pilot provided sufficient evidence to discontinue pumping. The 
total cumulative volume of leachate that was removed from the Landfill 
since the leachate collection system's construction in 2002 was 304,481 
gallons, including the final shipment in December 2011 of 72,000 
gallons remaining in the tank before it was decommissioned.
Groundwater and Residential Well Monitoring
    Designated Landfill monitoring wells are monitored annually to 
evaluate concentrations of the Landfill-related contaminants of concern 
relative to the performance standards specified in the 1993 ROD. 
Various residential wells in close proximity to the Site are sampled 
quarterly and one community supply well is sampled annually to confirm 
that the drinking water quality at the point of use remains below MCLs 
for drinking water. No groundwater COCs have been detected in site 
monitoring wells or residential wells since 2004. The monitoring wells 
and residential wells will continue to be monitored on an annual basis 
by the PRP group.
Storm-Water Management
    The Site is graded to provide drainage off the cap, and to minimize 
soil erosion in accordance with the 1993 ROD requirements. The final 
design for the Site included a conversion of three existing 
sedimentation ponds into storm-water management basins. In addition to 
their dewatering devices, the basins have an overflow outlet structure 
or spillway, which helps dissipate any flow that leaves the basin 
through these structures. Additional storm-water management components 
include diversion berms and rip-rap lined drainage swales. Quarterly 
inspections are performed to evaluate the performance and maintenance 
needs of the storm-water management system.
Institutional Controls
    Institutional Controls (ICs) were required by the 1993 ROD to 
prohibit: (1) The use of the land for residential or agricultural 
purposes; and (2) the use of on-site ground water for domestic 
purposes, including drinking water. The purpose of these restrictions 
is to prevent excavation or construction on the capped and closed 
Landfill, and to prevent the risks associated with human exposure to 
landfill contents, leachate and groundwater.
    To fulfill the IC requirements in the 1993 ROD, a Uniform 
Environmental Covenant Act (UECA) covenant was recorded with the Lehigh 
County Recorder of Deeds on July 28, 2011. The Site property is 
currently owned by Novak Sanitary Landfill, Inc. Pursuant to the 2011 
UECA Covenant, the PRP group has the authority to enforce the ICs at 
the Site property. The PRP group is responsible for monitoring 
compliance with the ICs, in accordance with the requirements of the 
1995 UAO.

Five-Year Review

    Pursuant to CERCLA section 121(c) and as provided in the current 
guidance on FYRs Comprehensive Five-Year Review Guidance, OSWER 
Directive 9355.7-03B-P, June 2001, EPA must conduct a statutory FYR if 
hazardous substances remain on-site above levels that would not allow 
for unlimited use and unrestricted exposure. EPA has performed three 
FYRs at the Site in 2006, 2011, and 2016 and statutory FYRs will 
continue to be performed because waste is left in place at the Site. 
The next FYR will be completed by May 16, 2021.
    The Third FYR (signed May 16, 2016) concluded that the Site is 
protective of human health and the environment but identified one issue 
and recommendation that does not impact current or future 
protectiveness. The FYR recommended that an ecological investigation of 
the Site be performed to modify the O&M plan to meet the 1993 ROD's 
goal of promoting wildlife diversity.
    The recommended ecological inspection was conducted on June 12, 
2017 and potential solutions to promote wildlife habitat diversity were 
explored. Minor revisions to the O&M plan were completed in September 
2018.

Community Involvement

    In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's 
community involvement activities associated with this partial deletion 
will consist of information supporting the deletion docket in the local 
Site information repository and placing a public notice of EPA's intent 
to delete the groundwater portion of the Site from the NPL in the 
Parkland Press, a major, local newspaper of general circulation.

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

    Construction of the Selected Remedy for groundwater at the Site has 
been completed and O&M has been performed and is still ongoing in 
accordance with the EPA-approved O&M Plans. All RAOs, performance 
standards, and cleanup levels established for groundwater at the Site 
in the 1993 ROD, as amended by the 2015 ESD, have been achieved and the 
Selected Remedy for groundwater is protective of human health and the 
environment. No further Superfund response actions for the groundwater 
portion of the Site, other than O&M, monitoring, and FYRs, are 
necessary to protect human health and the environment. The Landfill and 
Landfill gas components of the Site will be considered for deletion 
from the NPL when all RAOs, performance standards, and cleanup levels 
have been achieved for those components.
    The procedures specified in 40 CFR 300.425(e) have been followed 
for the deletion of the groundwater portion of the Site. EPA, with 
concurrence of the Commonwealth of Pennsylvania through PADEP, has 
determined that all appropriate response actions under

[[Page 38911]]

CERCLA have been completed for the groundwater portion of the Site. 
Therefore, EPA proposes to delete the groundwater portion of the Site 
from the NPL.

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.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: July 31, 2019.
Cosmo Servidio,
Regional Administrator, EPA Region 3.
[FR Doc. 2019-17017 Filed 8-7-19; 8:45 am]
BILLING CODE 6560-50-P