[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Proposed Rules]
[Pages 33381-33383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15854]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5843-2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Hranica landfill site from the
National Priorities List and request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region III announces
its intent to delete the Hranica Landfill Site (Site) from the National
Priorities List (NPL) and requests public comment on this action. The
NPL constitutes Appendix B to the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR part 300 which EPA promulgated
pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended. EPA and the
Pennsylvania Department of Environmental Protection (PADEP) have
determined that all appropriate CERCLA response actions have been
implemented and that no further cleanup is appropriate. Moreover, EPA
and the State have determined that remedial activities conducted at the
Site to date have been protective of public health, welfare, and the
environment.
DATES: Comments concerning the proposed deletion of this Site from the
NPL may be submitted on or before July 21, 1997.
ADDRESSES: Comments may be submitted to Garth Connor, (3HW22), Project
Manager, U.S. Environmental Protection Agency, 841 Chestnut Building,
Philadelphia, PA, 19107, (215) 566-3209.
Comprehensive information on this Site is available through the
public docket which is available for viewing at the Site Information
Repositories at the following locations:
U.S. EPA Region III, Hazardous Waste Technical Information Center, 841
Chestnut Building, Philadelphia, PA 19107, (215) 566-5363
Buffalo Township Municipal Building, 109 Bear Creek Road, Sarver, PA
19055, 412) 259-2648.
FOR FURTHER INFORMATION CONTACT: Mr. Garth Connor (3HW22), U.S. EPA
Region III, 841 Chestnut Building, Philadelphia, PA, 19107, (215) 566-
3209.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The Environmental Protection Agency (EPA) Region III announces its
intent to delete the Hranica Landfill Site, Buffalo Township, Butler
County, Pennsylvania, from the National Priorities List (NPL), Appendix
B of the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP), and requests comments on this deletion. The EPA identifies
sites that appear to present a significant risk to public health,
welfare, or the environment and maintains the NPL as the list of those
sites. Sites on the NPL may be the subject of remedial actions financed
by the Hazardous Substance Superfund Response Trust Fund (Fund).
Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted from the
NPL remains eligible for Fund-financed remedial actions if conditions
at the site warrant such action.
EPA will accept comments on the proposal to delete this Site from
the NPL on or before July 21, 1997.
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 how the Site meets the deletion
criteria.
II. NPL Deletion Criteria
The NCP establishes the criteria that the Agency 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 this determination, EPA, in consultation with the State, will
consider whether any of the following criteria have been met:
(i) Responsible or other parties have implemented all appropriate
response actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and no further cleanup is appropriate; or
(iii) As set forth in the investigative findings for the Site, the
release poses no significant threat to public health or
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the environment and, therefore, taking of remedial measures is not
appropriate.
(iv) In addition to the above, for all remedial actions which
result in hazardous substances, pollutants, or contaminants remaining
at the site above levels that allow for unlimited use and unrestricted
exposure, CERCLA 121(c), 42 U.S.C. 9621(c), the NCP at 40 CFR
300.430(f)(4)(ii) and EPA's policy, OSWER Directive 9320.2-09, dated
August 1995, provide that a subsequent review of the site will be
conducted at least every five years after the initiation of the first
remedial action at the Site to ensure that the site remains protective
of public health and the environment. In the case of this Site, EPA
conducted a ``five year review'' in April, 1997. Based on this review,
EPA determined that conditions at the Site remain protective of public
health and the environment. As explained below, the Site meets the
NCP's deletion criteria listed above. Five-year reviews will continue
to be conducted at the site until no hazardous substances, pollutants,
or contaminants remain above levels that allow for unlimited use and
unrestricted exposure. A site shall not be deleted from the NPL until
the state in which the site is located has concurred on the proposed
deletion. 40 CFR 300.425(e)(2).
All sites deleted from the NPL are eligible for further Fund-
financed remedial actions should future conditions warrant such action.
Whenever there is a significant release from a site deleted from the
NPL, the site can be restored to the NPL without application of the
Hazard Ranking System. 40 CFR 300.425(e)(3).
III. Deletion Procedures
Section 300.425(e)(4) of the NCP sets forth requirements for site
deletions to assure public involvement in the decision. During the
proposal to delete a site from the NPL, EPA is required to conduct the
following activities:
(i) Publish a notice of intent to delete in the Federal Register
and solicit comment through a public comment period of a minimum of 30
calendar days;
(ii) Publish a notice of availability of the notice of intent to
delete in a major local newspaper of general circulation at or near the
site that is proposed for deletion;
(iii) Place copies of information supporting the proposed deletion
in the information repository at or near the site proposed; and,
(iv) Respond to each significant comment and any significant new
data submitted during the comment period in a Responsiveness Summary.
If appropriate, after consideration of comments received during the
public comment period, EPA then publishes a notice of deletion in the
Federal Register and places the final deletion package, including the
Responsiveness Summary, in the Site repositories. Deletion of sites
from the NPL does not itself create, alter, or revoke any individual's
rights or obligations. The NPL is designed primarily for informational
purposes and to assist Agency management. As stated in Section II of
this document, Sec. 300.425(e)(3) of the NCP provides that the deletion
of a site from the NPL does not preclude eligibility for future
response.
IV. Basis for Intended Site Deletion
The following site summary provide's EPA's rationale for the
proposal to delete the Hranica Landfill from the NPL. The Hranica
Landfill comprises 15 acres, and is located in a rural area
approximately 21 miles north of Pittsburgh in Buffalo Township, Butler
County, Pennsylvania. Approximately thirty years ago, the Site was used
as a landfill, drum disposal area, and incineration facility. The Site
is surrounded by orchards, corn fields, and wooded areas. Buffalo
Township covers 23.9 square miles and has a population of approximately
6,600 people.
Between 1966 and 1974, William Hranica owned and operated the
facility, which accepted both municipal and industrial wastes.
Initially, the wastes were treated by a combination of open
incineration and surface impoundment storage. Subsequently, liquid
wastes were disposed of by direct discharge into surface impoundments
with resultant ground surface and soil cover infiltration. Site-related
compounds, including benzene, xylene and toluene, contaminated an
adjacent property owner's spring. The Site never had any buildings or
heavy equipment and the hazardous waste drums were stacked haphazardly
across the Site property.
The Site was listed on the EPA's National Priorities List (NPL) on
September 8, 1983. It was listed as 123 out of 418 sites on
the NPL at that time, with a Hazard Ranking Score of 51.94 on a scale
from 0 to 100. Soon after the Site's inclusion on the NPL, the Aluminum
Company of America (ALCOA) and PPG Industries, Inc. (PPG), which were
the two main generators of waste at the Site, signed a Consent
Agreement with the Pennsylvania Department of Environmental Resources
(PADER), now the Pennsylvania Department of Environmental Protection
(PADEP), to perform extensive removal activities at the Site. These
activities were performed from October, 1983 until July, 1984, and
involved the removal and ultimate disposal of more than 19,000 drums of
hazardous waste and over 4,000 cubic yards of visibly-contaminated
soil. Three large vats of waste were also removed from the Site as part
of this removal action. These activities essentially removed the entire
source of contamination from the Site. However, there were still soils
remaining onsite which were contaminated with site-related compounds.
In March 1987, EPA and PPG entered into a Consent Order requiring
PPG to perform a Remedial Investigation and Feasibility Study (RI/FS)
at the Site. After performing the necessary field work to determine the
nature and extent of contamination at the Site, PPG submitted the Draft
RI/FS to EPA and PADER in September 1989. A Record of Decision (ROD)
for Operable Unit #1 (OU1), which addressed the remaining contaminated
soils onsite, was signed on June 29, 1990. The selected remedy included
a five-acre soil cover on lead-contaminated areas of the Site. All
soils with lead at or above 300 parts per million (ppm) were covered
with a two-foot thick soil cover. The remedy also called for deed
restrictions on the property, an eight-foot fence around the perimeter
of the Site, and long-term ground and surface water monitoring.
In April 1992, PPG began additional sampling and analysis of the
ground water portion of the Site for four consecutive quarters. After
examining the results of this additional sampling, EPA concluded that
no further action was necessary to protect the ground water. A No
Further Action ROD for the ground water portion of the Site, Operable
Unit #2, was signed on May 26, 1994.
ALCOA and PPG conducted the site remediation under EPA and PADEP
oversight. IT Corporation was hired by ALCOA and PPG to do the Remedial
Design for OU1 at this Site. The final remedial design for OU1 was
approved by EPA on March 17, 1993. ERM-Enviroclean was hired to do the
Remedial Action. The Remedial Action began in June 1993, and was
completed in October 1993. About 3,000 truckloads of clean soil were
placed onsite and compacted during the Remedial Action. A five-acre
soil cover was placed on the former drum disposal area and the
adjoining hillside. This soil cover was also graded and seeded. A
recent site inspection in October, 1996 by the EPA Remedial Project
Manager revealed that
[[Page 33383]]
the entire soil cover is now completely vegetated, and there are no
barren areas remaining onsite. The Site is now completely fenced and
has a locked entrance gate. A Consent Decree with the property owner to
record the deed restrictions has been signed, and the deed restrictions
are attached to the property deed in the Butler County Courthouse in
Butler, Pennsylvania.
Chester Engineers (Chester) was hired by PPG in 1994 to perform the
site maintenance and the long-term ground water monitoring at the Site.
This semi-annual sampling has been an important part of the operation
and maintenance at the Site. Chester samples a number of locations,
both on-and offsite, in the Spring and Fall of each year. PPG submits
quarterly progress reports to the EPA and PADEP describing the Site's
condition and detailing any upcoming sampling at the Site. A separate
report is submitted by Chester describing the actual sampling results.
A statutory Five-Year Review of the selected remedy was completed
on April 16, 1997 to ensure that the remedy is still protective of the
public health and the environment. The next five-year review must be
completed by April 30, 2002. Subsequent five-year reviews will be
conducted pursuant to OSWER Directive 9355.7-02. ``Structure and
Components of Five-Year Reviews,'' or other applicable guidance where
it exists.
The remedy selected for this Site has been implemented in
accordance with the Record of Decision, as modified and expanded in the
EPA-approved Remedial Design for Operable Unit #1. This remedy has
resulted in the significant reduction of the long-term potential for
release of contaminated soils to the surrounding surface soils, the
ambient air and the aquatic environment. Human health threats and
potential environmental impacts have been minimized. EPA and the State
of Pennsylvania find that the remedies implemented continue to provide
adequate protection of human health and the environment.
EPA, with the concurrence of the State of Pennsylvania, believes
that the criteria for deletion of this Site have been met. Therefore,
EPA is proposing deletion of this Site from the NPL.
Dated: June 5, 1997.
Stanley Laskowski,
Acting Regional Administrator, USEPA Region III.
[FR Doc. 97-15854 Filed 6-18-97; 8:45 am]
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