83_FR_33314 83 FR 33177 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Dorney Road Landfill Superfund Site

83 FR 33177 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Dorney Road Landfill Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33177-33182
FR Document2018-15245

The Environmental Protection Agency (EPA) Region III is issuing a Notice of Intent to Delete the Dorney Road Landfill Superfund Site (Site) located in Longswamp and Upper Macungie Townships, in Berks and Lehigh Counties, 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 (the Commonwealth), through the Pennsylvania Department of Environmental Protection (PADEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance (O&M), monitoring, and Five-Year Reviews, have been completed. However, this deletion would not preclude future actions under Superfund.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33177-33182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15245]



[[Page 33177]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9980-60--Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
issuing a Notice of Intent to Delete the Dorney Road Landfill Superfund 
Site (Site) located in Longswamp and Upper Macungie Townships, in Berks 
and Lehigh Counties, 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 
(the Commonwealth), through the Pennsylvania Department of 
Environmental Protection (PADEP), have determined that all appropriate 
response actions under CERCLA, other than operation and maintenance 
(O&M), monitoring, and Five-Year Reviews, have been completed. However, 
this deletion would not preclude future actions under Superfund.

DATES: Comments must be received by August 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2005-0011, 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: [email protected].
     Mail: U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
PA 19103.
     Hand delivery: U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103. 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-
2005-0011. 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. EPA Region III Administrative Records Room, 1650 Arch Street--6th 
Floor, Philadelphia, PA 19103-2029, Business Hours: Monday through 
Friday, 8:00 a.m.-4:30 p.m.; by appointment only
Local Repository, Upper Macungie Township Building, 8330 Schantz Road, 
Breinigsville, PA 18031, Business Hours: Monday through Friday, 7:30 
a.m.-4:00 p.m.

FOR FURTHER INFORMATION CONTACT: David Greaves, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 3, 3HS211650 Arch 
Street Philadelphia, PA 19103, (215) 814-5729, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region III announces its intent to delete the Dorney Road 
Landfill Superfund 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 National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA 
maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). As described in 40 CFR 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    EPA will accept comments on the proposal to 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 Dorney Road Landfill 
Superfund Site and demonstrates how it meets the deletion criteria.

[[Page 33178]]

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 five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth before developing this 
Notice of Intent to Delete.
    (2) EPA has provided the Commonwealth 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 
deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, the Reading Eagle. The newspaper notice announces the 
30-day public comment period concerning the Notice of Intent to Delete 
the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. 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 Site, the Regional Administrator 
will publish a final Notice of 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 in the 
site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

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

Site Background and History

    EPA proposed the Dorney Road Landfill Superfund Site (Site) 
(CERCLIS ID PAD980508832) to the NPL on September 8, 1983 (48 FR 40674) 
and added the Site as final on the NPL on September 21, 1984 (49 FR 
37070). The Site is located along the southwest boundary of Upper 
Macungie Township in Lehigh County, PA, with a small portion of the 
Site extending into Longswamp Township in Berks County.
    The 27-acre Site consists of an abandoned iron mine pit that was 
used as a landfill, a surrounding soil berm, and adjacent land. 
Beginning in 1962, the Site was operated as an open dump, with the 
majority of waste disposed in an abandoned mine pit. The landfill was 
expanded to except a variety of household and industrial waste from 
regional municipalities and local businesses, until operations ceased 
in December 1978.
    In all areas of the Site, except for the northwestern portion, the 
water table occurs in the bedrock near or below the bedrock/overburden 
interface. The overburden is approximately 70 feet thick. The landfill 
waste is contained within the overburden. The water table exists within 
the overburden areas of relatively thick overburden and in the bedrock 
where the overburden is relatively thin. The water table is not in 
contact with the waste material. The direction of regional groundwater 
flow in the bedrock-overburden aquifer is generally from the northwest 
to the southeast.
    In January 1970, the Pennsylvania State Health Center notified the 
landfill owner that the landfill constituted a public health threat and 
required the owner to compact the fill and apply cover to the landfill. 
A follow-up letter stated that the owner did not comply with the 
directive. In June 1970, a representative from the Pennsylvania 
Department of the Environmental Resources (PADER, formerly, the 
Pennsylvania State Health Center) visited the landfill and noted the 
approximate location of an on-site area used for the disposal of 
sludge. Other visits identified the disposal of petroleum products, 
asbestos, and battery casings.
    Contaminants in the leachate and groundwater included ketones, 
vinyl chloride, trichloroethene (TCE), benzene, heavy metals, and 
arsenic. Soils contained the pesticide dieldrin, as well as lead and 
chromium. The apparent source of contamination was the waste buried and 
dumped on the soil at the landfill.
    In 1986, EPA performed an Emergency Removal Action at the Site to 
ensure that landfill-related materials were not transported off of the 
property by storm water. The removal action consisted of re-grading the 
Site to prevent surface water runoff. The construction of on-site ponds 
allowed for controlled discharge of surface water via two major 
spillways. Although a soil cover was applied to portions of the Site, 
the landfill had never been graded and capped, and waste continued to 
be exposed in some areas.

Remedial Investigation and Feasibility Study (RI/FS)

    The Site consists of two operable units (OUs). OU1 addresses the 
source of the contamination by capping the landfill. OU2 focuses on 
addressing

[[Page 33179]]

groundwater contamination which is the principal exposure pathway.
    A Cooperative Agreement was signed between EPA and PADER, and PADER 
became the lead agency for work in the RI/FS phase. The OU1 RI was 
performed from January to June 1988. Due to difficulties encountered 
during Phase I activities, additional data needs were identified and 
investigative activities were proposed as a Phase II RI effort. Results 
of the OU1 RI were presented in the Final Remedial Investigation Report 
for OU1 dated August 11, 1988. A Feasibility Study for OU1, focusing on 
the landfill waste, was also submitted in August 1988. The OU2 RI/FS 
was performed by PADER from March to July 1991. The study focused on 
the groundwater and primarily consisted of additional sampling of wells 
installed during the OU1 RI.
    Major field activities conducted during Phase I of the OU1 RI 
included:
     Air sampling;
     On-site surface water and seep sampling;
     On-site sediment sampling;
     On-site and off-site, surface and subsurface soil 
sampling;
     Monitoring well installation;
     Groundwater monitoring well and residential well sampling;
     Hydraulic conductivity testing;
     Fracture trace analysis;
     Surface geophysical investigation.
    The major field activities performed during Phase II of the OU1 RI 
included:
     Installed one deep well off-site (MW-6) to the southeast 
to obtain downgradient groundwater data.
     Installed an off-site well nest (MW-7/7D) to the northwest 
of the landfill to provide additional groundwater quality data and flow 
information.
     Installed on-site boring (TB-LMW-4) to determine the 
thickness of gravel between the base of the refuse and the top of the 
bedrock.
     Installed four borings (TB-1,2,3,4) along the southeast 
corner of the site to identify the presence or absence of a shallow 
groundwater zone identified during the OU1 Phase I RI.
     Obtained six additional groundwater samples (MW-6, 7, 7D, 
two rounds) and analyzed for unfiltered metals.
     Performed borehole geophysics in off-site wells (MW-2D, 
3D, 4, 5D, 6, 7, 7D). Borehole geophysics were performed to supplement 
the minimal lithological data obtained during the OU1 Phase 1 and Phase 
II RI drilling and well installation activities due to difficulty in 
drilling and poor recoveries.
    Air sampling was performed to determine the quantity and quality of 
ambient airborne contaminants to evaluate the potential exposure to on-
site workers and neighboring populations. The data was used to 
determine the appropriate level of protection on-site, and to establish 
the exclusion, contamination reduction, and support zone delineations 
used during the field activities.
    A fracture trace analysis was performed to provide information on 
the number, size, frequency and orientation of bedrock joints, 
fractures, and large-scale lineaments. The data was used for 
determining monitoring well locations and for evaluation of the 
potential for contaminant migration through bedrock.
    A geophysical investigation (seismic refraction survey) was 
performed to obtain information on the thickness of overburden and the 
depth to bedrock, the thickness of the landfill waste, the condition of 
the bedrock at the iron mine pit, and to verify any lineaments 
previously identified.
    Sampling and analysis of the on-site ponds was performed to collect 
data on the contaminant concentrations in the standing liquid and 
bottom sediments. The data was used to estimate the extent and degree 
of contamination and estimate the volumes of liquid and soil to be 
treated and/or removed.
    Soil sampling was performed to provide data on the chemical 
characteristics of soils both on-site and off-site, to determine the 
degree of off-site migration of contamination, and to provide data 
concerning the on-site vertical and horizontal extent of contamination. 
For comparison to on-site data, a background sample was collected 
approximately 900 ft. west of the Site and was assumed to be isolated 
from any site-related conditions. On-site soils exceeded EPA's 
acceptable levels for both cancer risk and non-cancer hazard index 
primarily due to polycyclic aromatic hydrocarbons (PAHs), arsenic, lead 
and chromium. Contaminants in leachate and groundwater included 
ketones, 1,1-dichloroethene (1,1-DCE), 1,2-dichloroethane (1,2-DCA), 
TCE, tetrachloroethylene (PCE), vinyl chloride, benzene and arsenic. 
Both cancer and non-cancer groundwater risk substantially exceeded 
EPA's acceptable criteria. Risk at the Site was due to dermal contact 
and incidental ingestion of landfill soil, solid waste and on-site 
ponded waters (OU1) and residential exposure via ingestion of 
contaminated groundwater and inhalation of volatile contaminants while 
showering (OU2).

Selected Remedy

    On September 29, 1988, the Acting Regional Administrator signed a 
Record of Decision (ROD) for OU1. The Selected Remedy in the 1988 OU1 
ROD consists of the following components:

 Elimination of on-site ponded waters
 Regrading
 Pennsylvania-Type Multi-layer Cap
 Run-on/Run-off Controls
 Run-off Monitoring
 Groundwater Monitoring
 Perimeter Fence
 Deed Notice

    The Remedial Action objectives (RAOs) were not explicitly stated in 
the ROD for OU1. The following RAOs were inferred:
     Control contaminant migration off-site by containment of 
contaminated landfill soil and waste material;
     Prevent dermal contact and incidental ingestion; and
     Prevent continued leaching of precipitation and ponded 
waters through the contaminated landfill material.
    On September 18, 1991, the Regional Administrator signed an 
Explanation of Significant Differences (ESD) for OU1. The 1991 ESD was 
issued to address compliance with wetlands Applicable or Relevant and 
Appropriate Requirements (ARARs). The Selected Remedy in the 1988 OU1 
ROD required the destruction of approximately seven acres of wetlands 
during construction of the cap. The 1991 ESD allowed the sedimentation 
ponds required to control run-on/run-off from the cap to also mitigate 
the destroyed wetlands and become a quality habitat for the varied 
wildlife at the Site.
    On September 30, 1991, the Regional Administrator signed a ROD for 
OU2 (1991 OU2 ROD), selecting a remedy with the following major 
components:
     Wellhead treatment units to be provided to residences if 
levels of site-related contaminants exceeded federal Maximum 
Contaminant Levels (MCLs);
     Groundwater monitoring.
    The RAO for OU2 was not explicitly stated in the 1991 OU2 ROD; 
however, the RAO is inferred to be to eliminate exposure to 
contaminated groundwater.

Response Actions

    In September 1990, EPA issued a Unilateral Administrative Order 
(UAO), EPA Docket No. III-90-45-DC, to seven Potentially Responsible 
Parties (PRPs) after negotiations were unsuccessful. A second UAO, EPA 
Docket No. III-91-26-DC, was issued to an eighth PRP on January 25, 
1991, and a third UAO, EPA Docket No. III-92-33-DC, was issued to five 
additional PRPs on August 13, 1992. The UAOs required the PRPs to 
implement the Selected Remedy described in the 1988 OU1 ROD. The

[[Page 33180]]

modifications to the Selected Remedy specified in the September 18, 
1991 ESD were incorporated into the UAOs. The Remedial Design (RD) was 
approved in June 1995.
    The Remedial Action (RA) for OU1 began in April 1998. The major 
components of the RA included the following:
     Site clearing which included removal of ponded water, 
clearing of vegetative cover, chipping woody vegetation, and relocation 
of fugitive surface debris under the cover system;
     Monitoring well abandonment;
     Gas trench construction, which was designed to minimize 
the lateral flow of landfill gas outside the landfill limits below the 
surface. The design included a peripheral gas collection trench just 
beyond the lateral extent of the landfill;
     Landfill regrading to achieve the grades and slopes for 
the acceptance of the cover system;
     Subgrade preparation which involved grading and placement 
of compacted general fill;
     Construction of a gas vent layer on top of the landfill. A 
geocomposite was used as a gas vent layer on the side slopes of the 
landfill.
     Gas vent collection piping system consisting of flexible 
4-inch perforated High Density Polyethylene (HDPE) pipe along the top 
of the gas trench connected to seventeen 4-inch HDPE conveyance pipes 
which were connected to seventeen peripheral passive vents along the 
crest of the cap. On the surface of the cap, an additional fourteen 
passive vents were installed with four horizontal perforated flexible 
HDPE feeder pipes to collect the gas and vent it passively through vent 
pipes;
     A geotextile was placed over the gas venting layer prior 
to installation of the grading layer;
     Two types of geomembrane were installed. A 40-millimeter 
smooth HDPE geomembrane was installed where the slopes were minimal and 
a 40-millimeter textured HDPE geomembrane was installed on the 
embankment slopes along the periphery of the landfill;
     On the top of the landfill, a geotextile cushion layer was 
placed over the geomembrane to protect it from the overlying sand 
drainage layer;
     A sand drainage layer was put in place and another 
separation geotextile was put on top of the drainage layer;
     An 18-inch layer of compacted general fill on the cover 
system and 24-inches of general fill on the cover system slopes serve 
as protection layer over the underlying system;
     A vegetative layer was the final cover;
     Surface drainage was designed with five basic drainage 
patterns. These patterns were rough graded during initial landfill 
grading operations and incorporated as part of the temporary erosion 
sediment control plan. Permanent drainage incorporated the use of 
stormwater pipes, riprap channels and natural drainage systems;
     A replacement wetland was constructed, which also serves 
as a stormwater drainage area; and
     A chain link security fence was installed with proper 
signage.
    The contractor conducted the RA basically as designed, with only 
minor modifications. One modification had to be made for the 
construction of the wetlands. The west pond contained a large rock 
which had to be excavated with a rock hammer and processed using a rock 
crusher. This generated approximately 30,000 cubic yards of fill that 
was used on the general fill layer of the landfill cap. Another 
modification was with the placement of the fence on Dorney Road. A 
variance was needed from the Township to construct the fence closer to 
the street than 6 feet in order to avoid puncturing the cap with the 
fence posts. The variance was granted and the fence was installed 
according to the specifications.
    EPA, PADEP and the U.S. Army Corps of Engineers (COE) conducted a 
pre-final inspection on September 20, 1999. The inspection resulted in 
a schedule for the contractor to correct some minor construction items.
    EPA issued a UAO for the OU2 RD/RA, EPA Docket No. III-92-27-DC, to 
twelve PRPs on August 18, 1992. The baseline residential well sampling 
for OU2 was conducted during the first two weeks of March 1999. The 
1991 OU2 ROD and RD required residential groundwater samples to be 
compared to federal MCLs. If the sampling results were above the MCLs, 
wellhead treatment units would be required. The baseline results were 
below the MCLs at all residential wells and no wellhead treatment units 
were installed. Residential monitoring is ongoing. The operation and 
maintenance plans (O&M Plans) for OU1 and OU2 were approved by EPA and 
PADEP in October 1997 and September 1996, respectively. The Preliminary 
Closeout Report (PCOR) was issued for the Site on September 28, 1999. 
The PCOR documents that construction activities were completed at the 
Site in accordance with Closeout Procedures For National Priorities 
Sites (OSWER Directive 9320.2-09A-P).

Cleanup Levels

    Groundwater monitoring is performed in accordance with the 1988 OU1 
ROD and 1995 OU1 O&M Plan at the landfill monitoring well network and 
in accordance with the 1991 OU2 ROD and 1996 O&M Plan at the 
residential well monitoring network.
    Landfill monitoring is conducted to detect any changes in 
groundwater quality due to leaching of landfill contaminants. The 
landfill monitoring network consists of the following wells: MW-2S, MW-
2DR, MW-3S, MW-7S, MW-11S and MW-11D. During each sampling event, 
groundwater samples are analyzed for volatile organic compounds (VOCs) 
and dissolved metals. Field activities, groundwater elevation data, 
groundwater quality data and the results of the data validation are 
presented in each summary report. A summary of all historical data is 
also presented in the summary reports.
    During the 2013-2017 period, several metals were detected in the 
landfill monitoring wells. The detected VOCs included PCE, TCE, and 
chloromethane. All detections during the 2013-2017 period were within 
the historical range of concentrations and remain very low. Most are 
well below MCLs except for manganese, mercury and thallium in MW-7S and 
thallium in MW-3S. MW-7S is up gradient of the landfill and these 
exceedances do not appear to be site related. Thallium was only 
detected in MW-3S during two sampling events in 2016, but had not been 
detected previously or in subsequent sampling events. Based on a review 
of historical monitoring from 2013 to 2017 from all other monitoring 
wells, there have been no exceedances of MCLs during this period.
    The 1988 OU1 ROD did not select chemical-specific ARARs for 
groundwater. Instead, the 1988 OU1 ROD required groundwater monitoring 
upgradient and downgradient of the Site to detect any changes in 
groundwater quality due to the potential leaching of landfill 
contaminants into groundwater. As indicated above, detections of Site-
related compounds in groundwater are generally below the respective 
MCLs and have remained consistent with historic groundwater sampling 
results. Therefore, no impacts to groundwater as a result of leaching 
of landfill contaminants have been observed and the groundwater cleanup 
goal established in the 1988 OU1 ROD has been achieved.
    Residential wells are sampled quarterly on a rotating basis so the 
same wells are not sampled every event. Groundwater samples are 
collected from an inside or outside spigot and analyzed for VOCs. 
Twenty-eight residential wells were sampled between the 2013 and 2017. 
Of those 28 wells, 14 wells

[[Page 33181]]

had one or more detections of VOCs. The most commonly detected VOC is 
PCE. The PCE concentrations are consistent with historical 
concentrations at these locations. Chloroform was detected at two 
locations in 2016 and TCE was detected once in 2013. All detections 
from 2013 to 2017 have been well below respective MCLs and have never 
exceeded MCLs during any monitoring event.
    The 1991 OU2 ROD waived the Pennsylvania Hazardous Waste Management 
Regulations [25 PA Code Sec. Sec.  264.90-264.100, specifically 25 PA 
Code Sec.  264.97(i) and (j) and Sec.  264.100(a)(9)], which require 
remediation of groundwater to background levels, as well as the 
requirement to remediate groundwater to federal Maximum Contaminant 
Levels (MCLs) under the Safe Drinking Water Act, 42 U.S.C. 300g-l and 
set forth in 40 CFR 141.61. These ARARs were waived in accordance with 
CERCLA (42 U.S.C. 9621(d)(4)(C)) and the NCP (40 CFR 
300.430(f)(1)(ii)(C)(3)) due to technical impracticability of achieving 
background levels (from an engineering perspective) and MCLs throughout 
the groundwater contaminant plume. As indicated above, detections of 
Site-related compounds in groundwater are generally below the 
respective MCLs in Site monitoring wells.
    The 1991 OU2 ROD required that MCLs be met for Site related 
contaminants of concern (COCs) at the tap prior to use of the 
groundwater by nearby residents. Wellhead treatment systems would be 
provided if any Site related MCL exceedances were identified. As 
indicated above, no Site-related compounds exceeded MCLs in any 
residential samples during the most recent Five-Year Review period from 
2013 to 2017. Additionally, no Site related COCs have been identified 
in any residential samples above MCLs since sampling began in 1999. 
Therefore, the RAO of eliminating exposure to contaminated groundwater 
has been achieved. Residential monitoring will continue to ensure that 
groundwater cleanup goals continue to be met.

Operation and Maintenance

    The PRP group conducts long-term monitoring and maintenance 
activities at the Site in accordance with the EPA-approved August 1995 
OU1 O&M Plan and January 1996 OU2 O&M Plan. The primary activities 
associated with O&M include the following:
     Visual inspection of the cap with regard to vegetative 
cover, settlement, stability, and any need for corrective action. In 
addition, the cap is scheduled for periodic mowing;
     Inspection of the drainage swales for blockage, erosion 
and instability, and any need for corrective action;
     Inspection of the condition of the groundwater monitoring 
wells;
     Quarterly groundwater monitoring, which includes 
monitoring of the landfill wells and residential wells; and
     Engineered wetlands inspection and assessment. Inspections 
are conducted primarily for the purposes of assessing both weed control 
needs and the survival of plantings. Assessments are performed to 
determine if engineered wetlands are meeting the performance standards 
regarding survival and density of the desired wetlands species.
    The City of Allentown conducts the quarterly inspections of the 
landfill, as well as the quarterly groundwater sampling of both the 
landfill wells and the residential wells. Over the last five years 
there have been few, if any, problems with the landfill.
    As established in the 1991 OU2 ROD, long-term monitoring is 
conducted on a quarterly basis at five residences selected based on the 
previous sampling results. The quarterly sampling is conducted by the 
City of Allentown. The quarterly sampling program may be modified by 
EPA, in such areas as the number of wells, location of wells, frequency 
of sampling, and analytical parameters. If quarterly sampling indicates 
that a residential well that exceeds MCLs, a wellhead treatment system 
would be provided and maintained. There have been no quarterly 
residential samples which have been above MCLs since sampling began in 
March 1999.
    In March of 2007 EPA issued a second ESD (2007 ESD) that required 
institutional controls (ICs) (e.g. easements, covenants, title notices 
or land use restrictions through orders or agreements with EPA), to be 
established to prevent any future use of the Site that could compromise 
the effectiveness of the Selected Remedy.
    The ICs were established to prevent the disturbance of the landfill 
cap and the installation of groundwater wells on the capped portion of 
the Dorney Road Landfill property and to prevent future use of the 
property that would compromise the effectiveness of the Selected 
Remedy.
    EPA surveyed the landfill property to determine the parcel 
boundaries and to confirm the current property owners in 2011. An 
assessment of the ICs already in place concluded that ICs to protect 
the integrity of the cap cover system and prevent the installation of 
drinking water wells on the landfill were implemented by the following 
instruments with the four Site owners:

 Unilateral Administrative Order Docket No. III-98-011-DC, 
March 3, 1998, for access to conduct RA
 Unilateral Administrative Order for Access Docket No. III-96-
79-DC, September 18, 1996, for access to conduct RA
 Administrative Order by Consent, Docket No. III-97-84-DC, May 
14, 1997, for access and resolution of liability
 Administrative Order by Consent Docket No. III-97-85-DC, May 
14, 1997, for access and resolution of liability
 Administrative Order for Access Docket No. III-98-013-DC, for 
access to conduct RA
 Docket No. III-98-012-DC, March 3, 1998, for access to conduct 
RA, respondent In Rem
 Deed Notice No. 8665-9544 May 10, 1991 states that property is 
part of Dorney Road Landfill CERCLA action in Docket No. III-90-45-DC

Five-Year Review

    Pursuant to CERCLA section 121(c) and as provided in the current 
guidance on Five-Year Reviews, Comprehensive Five-Year Review Guidance, 
OSWER Directive 9355.7-03B-P, June 2001, EPA must conduct a statutory 
Five-Year Review if hazardous substances remain on-site above levels 
that would not allow for unlimited use and unrestricted exposure. The 
Five-Year Reviews for the Site were signed on the following dates:

1. First Five-Year Review--July 11, 2003
2. Second Five-Year Review--July 28, 2008
3. Third Five-Year Review--May 29, 2013
4. Fourth Five-Year Review--May 18, 2018

    No issues or recommendations were identified in the 2018 Fourth 
Five-Year Review. The Protectiveness Statement in the 2018 Fourth Five-
Year Review was as follows:
    The remedies in place at the Site are protective of human health 
and the environment. The landfill cap prevents direct contact with site 
contamination and prevents migration of contaminants to groundwater. 
Groundwater contamination is stable in landfill wells with most 
contaminants below MCLs. Residential monitoring indicates site 
contaminants remain below MCLs. The institutional controls in place are 
adequate to protect the engineered remedy and prevent installation of 
drinking water wells on the landfill.''

[[Page 33182]]

Community Involvement

    EPA community relations staff conducted an active campaign to 
ensure that the residents were well informed about activities at the 
Site. Community relations activities included the following:

 Interviews of Township officials for Five-Year Reviews
 Fact Sheets

    In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's 
community involvement activities associated with this 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 Site from the NPL in the Reading Eagle, a major, local 
newspaper of general circulation.

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

    Construction of the Selected Remedy at the Site has been completed 
and O&M has been untaken and is still ongoing in accordance with the 
EPA-approved O&M Plans. All RAOs, Performance Standards, and cleanup 
goals established in the 1988 OU1 ROD, 1991 OU2 ROD, 1991 ESD and 2007 
ESD have been achieved and the Selected Remedy is protective of human 
health and the environment. No further Superfund response actions, 
other than O&M, monitoring, and Five-Year Reviews, are necessary to 
protect human health and the environment.
    The procedures specified in 40 CFR 300.425(e) have been followed 
for the deletion of the Site. EPA, with concurrence of the Commonwealth 
through PADEP, has determined that all appropriate response actions 
under CERCLA, have been completed. Therefore, EPA is deleting the Site 
from the NPL.

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.

    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: June 19, 2018.
Cosmo Servidio,
Regional Administrator, EPA Region III.
[FR Doc. 2018-15245 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                                33177

                                                 ENVIRONMENTAL PROTECTION                                 contents located outside of the primary               will be publicly available only in the
                                                 AGENCY                                                   submission (i.e., on the web, cloud, or               hard copy. Publicly available docket
                                                                                                          other file sharing system). For                       materials are available either
                                                 40 CFR Part 300                                          additional submission methods, the full               electronically in http://
                                                 [EPA–HQ–SFUND–2005–0011; FRL–9980–                       EPA public comment policy,                            www.regulations.gov or in hard copy at:
                                                 60—Region 3]                                             information about CBI or multimedia                   U.S. EPA Region III Administrative
                                                                                                          submissions, and general guidance on                    Records Room, 1650 Arch Street—6th
                                                 National Oil and Hazardous                               making effective comments, please visit                 Floor, Philadelphia, PA 19103–2029,
                                                 Substances Pollution Contingency                         http://www2.epa.gov/dockets/                            Business Hours: Monday through
                                                 Plan; National Priorities List: Deletion                 commenting-epa-dockets.                                 Friday, 8:00 a.m.–4:30 p.m.; by
                                                 of the Dorney Road Landfill Superfund                       • Email: greaves.david@epa.gov.
                                                                                                             • Mail: U.S. EPA Region III, 1650                    appointment only
                                                 Site
                                                                                                          Arch Street, Philadelphia, PA 19103.                  Local Repository, Upper Macungie
                                                 AGENCY:  Environmental Protection                           • Hand delivery: U.S. EPA Region III,                Township Building, 8330 Schantz
                                                 Agency (EPA).                                            1650 Arch Street, Philadelphia, PA                      Road, Breinigsville, PA 18031,
                                                 ACTION: Proposed rule; notice of intent.                 19103. Such deliveries are only                         Business Hours: Monday through
                                                                                                          accepted during the Docket’s normal                     Friday, 7:30 a.m.–4:00 p.m.
                                                 SUMMARY:   The Environmental Protection                  hours of operation, and special                       FOR FURTHER INFORMATION CONTACT:
                                                 Agency (EPA) Region III is issuing a                     arrangements should be made for
                                                 Notice of Intent to Delete the Dorney                                                                          David Greaves, Remedial Project
                                                                                                          deliveries of boxed information.                      Manager, U.S. Environmental Protection
                                                 Road Landfill Superfund Site (Site)                         Instructions: Direct your comments to
                                                 located in Longswamp and Upper                                                                                 Agency, Region 3, 3HS211650 Arch
                                                                                                          Docket ID No. EPA–HQ–SFUND–2005–                      Street Philadelphia, PA 19103, (215)
                                                 Macungie Townships, in Berks and                         0011. EPA’s policy is that all comments
                                                 Lehigh Counties, Pennsylvania from the                                                                         814–5729, email: greaves.david@
                                                                                                          received will be included in the public               epa.gov.
                                                 National Priorities List (NPL) and                       docket without change and may be
                                                 requests public comments on this                         made available online at http://                      SUPPLEMENTARY INFORMATION:
                                                 proposed action. The NPL, promulgated                    www.regulations.gov, including any
                                                 pursuant to section 105 of the                                                                                 Table of Contents
                                                                                                          personal information provided, unless
                                                 Comprehensive Environmental                              the comment includes information                      I. Introduction
                                                 Response, Compensation, and Liability                    claimed to be Confidential Business                   II. NPL Deletion Criteria
                                                 Act (CERCLA) of 1980, as amended, is                     Information (CBI) or other information                III. Deletion Procedures
                                                 an appendix of the National Oil and                                                                            IV. Basis for Intended Site Deletion
                                                                                                          whose disclosure is restricted by statute.
                                                 Hazardous Substances Pollution                           Do not submit information that you                    I. Introduction
                                                 Contingency Plan (NCP). The EPA and                      consider to be CBI or otherwise
                                                 the Commonwealth of Pennsylvania (the                    protected through http://                                EPA Region III announces its intent to
                                                 Commonwealth), through the                               www.regulations.gov or email. The                     delete the Dorney Road Landfill
                                                 Pennsylvania Department of                               http://www.regulations.gov website is                 Superfund Site from the National
                                                 Environmental Protection (PADEP),                        an ‘‘anonymous access’’ system, which                 Priorities List (NPL) and requests public
                                                 have determined that all appropriate                     means EPA will not know your identity                 comment on this proposed action. The
                                                 response actions under CERCLA, other                     or contact information unless you                     NPL constitutes Appendix B of 40 CFR
                                                 than operation and maintenance (O&M),                    provide it in the body of your comment.               part 300 which is the National Oil and
                                                 monitoring, and Five-Year Reviews,                       If you send an email comment directly                 Hazardous Substances Pollution
                                                 have been completed. However, this                       to EPA without going through http://                  Contingency Plan (NCP), which EPA
                                                 deletion would not preclude future                       www.regulations.gov, your email                       promulgated pursuant to section 105 of
                                                 actions under Superfund.                                 address will be automatically captured                the Comprehensive Environmental
                                                 DATES: Comments must be received by                      and included as part of the comment                   Response, Compensation, and Liability
                                                 August 16, 2018.                                         that is placed in the public docket and               Act (CERCLA) of 1980, as amended.
                                                 ADDRESSES: Submit your comments,                         made available on the internet. If you                EPA maintains the NPL as the list of
                                                 identified by Docket ID No. EPA–HQ–                      submit an electronic comment, EPA                     sites that appear to present a significant
                                                 SFUND–2005–0011, by one of the                           recommends that you include your                      risk to public health, welfare, or the
                                                 following methods:                                       name and other contact information in                 environment. Sites on the NPL may be
                                                   • http://www.regulations.gov Follow                    the body of your comment and with any                 the subject of remedial actions financed
                                                 on-line instructions for submitting                      disk or CD–ROM you submit. If EPA                     by the Hazardous Substance Superfund
                                                 comments. Once submitted, comments                       cannot read your comment due to                       (Fund). As described in 40 CFR
                                                 cannot be edited or removed from                         technical difficulties and cannot contact             300.425(e)(3) of the NCP, sites deleted
                                                 Regulations.gov. The EPA may publish                     you for clarification, EPA may not be                 from the NPL remain eligible for Fund-
                                                 any comment received to its public                       able to consider your comment.                        financed remedial actions if future
                                                 docket. Do not submit electronically any                 Electronic files should avoid the use of              conditions warrant such actions.
                                                 information you consider to be                           special characters, any form of                          EPA will accept comments on the
                                                 Confidential Business Information (CBI)                  encryption, and be free of any defects or             proposal to delete this Site for thirty
                                                 or other information whose disclosure is                 viruses.                                              (30) days after publication of this
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                                                 restricted by statute. Multimedia                           Docket: All documents in the docket                document in the Federal Register.
                                                 submissions (audio, video, etc.) must be                 are listed in the http://                                Section II of this document explains
                                                 accompanied by a written comment.                        www.regulations.gov index. Although                   the criteria for deleting sites from the
                                                 The written comment is considered the                    listed in the index, some information is              NPL. Section III discusses procedures
                                                 official comment and should include                      not publicly available, e.g., CBI or other            that EPA is using for this action. Section
                                                 discussion of all points you wish to                     information whose disclosure is                       IV discusses the Dorney Road Landfill
                                                 make. The EPA will generally not                         restricted by statute. Certain other                  Superfund Site and demonstrates how it
                                                 consider comments or comment                             material, such as copyrighted material,               meets the deletion criteria.


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                                                 33178                    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules

                                                 II. NPL Deletion Criteria                                notice announces the 30-day public                    expanded to except a variety of
                                                    The NCP establishes the criteria that                 comment period concerning the Notice                  household and industrial waste from
                                                 EPA uses to delete sites from the NPL.                   of Intent to Delete the Site from the                 regional municipalities and local
                                                 In accordance with 40 CFR 300.425(e),                    NPL.                                                  businesses, until operations ceased in
                                                                                                             (6) The EPA placed copies of                       December 1978.
                                                 sites may be deleted from the NPL
                                                                                                          documents supporting the proposed                       In all areas of the Site, except for the
                                                 where no further response is
                                                                                                          deletion in the deletion docket and                   northwestern portion, the water table
                                                 appropriate. In making such a
                                                                                                          made these items available for public                 occurs in the bedrock near or below the
                                                 determination pursuant to 40 CFR                                                                               bedrock/overburden interface. The
                                                                                                          inspection and copying at the Site
                                                 300.425(e), EPA will consider, in                        information repositories identified                   overburden is approximately 70 feet
                                                 consultation with the Commonwealth,                      above.                                                thick. The landfill waste is contained
                                                 whether any of the following criteria                       If comments are received within the                within the overburden. The water table
                                                 have been met:                                           30-day public comment period on this                  exists within the overburden areas of
                                                    i. Responsible parties or other persons               document, EPA will evaluate and                       relatively thick overburden and in the
                                                 have implemented all appropriate                         respond appropriately to the comments                 bedrock where the overburden is
                                                 response actions required;                               before making a final decision to delete.             relatively thin. The water table is not in
                                                    ii. all appropriate Fund-financed                     If necessary, EPA will prepare a                      contact with the waste material. The
                                                 response under CERCLA has been                           Responsiveness Summary to address                     direction of regional groundwater flow
                                                 implemented, and no further response                     any significant public comments                       in the bedrock-overburden aquifer is
                                                 action by responsible parties is                         received. After the public comment                    generally from the northwest to the
                                                 appropriate; or                                          period, if EPA determines it is still                 southeast.
                                                    iii. the remedial investigation has                   appropriate to delete the Site, the                     In January 1970, the Pennsylvania
                                                 shown that the release poses no                          Regional Administrator will publish a                 State Health Center notified the landfill
                                                 significant threat to public health or the               final Notice of Deletion in the Federal               owner that the landfill constituted a
                                                 environment and, therefore, the taking                   Register. Public notices, public                      public health threat and required the
                                                 of remedial measures is not appropriate.                 submissions and copies of the                         owner to compact the fill and apply
                                                    Pursuant to CERCLA section 121(c)                     Responsiveness Summary, if prepared,                  cover to the landfill. A follow-up letter
                                                 and the NCP, EPA conducts five-year                      will be made available to interested                  stated that the owner did not comply
                                                 reviews to ensure the continued                          parties and in the site information                   with the directive. In June 1970, a
                                                 protectiveness of remedial actions                       repositories listed above.                            representative from the Pennsylvania
                                                 where hazardous substances, pollutants,                     Deletion of a site from the NPL does               Department of the Environmental
                                                 or contaminants remain at a site above                   not itself create, alter, or revoke any               Resources (PADER, formerly, the
                                                 levels that allow for unlimited use and                  individual’s rights or obligations.                   Pennsylvania State Health Center)
                                                 unrestricted exposure. EPA conducts                      Deletion of a site from the NPL does not              visited the landfill and noted the
                                                 such five-year reviews even if a site is                 in any way alter EPA’s right to take                  approximate location of an on-site area
                                                 deleted from the NPL. EPA may initiate                   enforcement actions, as appropriate.                  used for the disposal of sludge. Other
                                                 further action to ensure continued                       The NPL is designed primarily for                     visits identified the disposal of
                                                 protectiveness at a deleted site if new                  informational purposes and to assist                  petroleum products, asbestos, and
                                                 information becomes available that                       EPA management. Section 300.425(e)(3)                 battery casings.
                                                 indicates it is appropriate. Whenever                    of the NCP states that the deletion of a                Contaminants in the leachate and
                                                 there is a significant release from a site               site from the NPL does not preclude                   groundwater included ketones, vinyl
                                                 deleted from the NPL, the deleted site                   eligibility for future response actions,              chloride, trichloroethene (TCE),
                                                 may be restored to the NPL without                       should future conditions warrant such                 benzene, heavy metals, and arsenic.
                                                 application of the hazard ranking                        actions.                                              Soils contained the pesticide dieldrin,
                                                 system.                                                                                                        as well as lead and chromium. The
                                                                                                          IV. Basis for Site Deletion                           apparent source of contamination was
                                                 III. Deletion Procedures
                                                                                                             The following information provides                 the waste buried and dumped on the
                                                   The following procedures apply to                      EPA’s rationale for deleting the Site                 soil at the landfill.
                                                 deletion of the Site:                                    from the NPL:                                           In 1986, EPA performed an
                                                   (1) EPA consulted with the                                                                                   Emergency Removal Action at the Site
                                                 Commonwealth before developing this                      Site Background and History                           to ensure that landfill-related materials
                                                 Notice of Intent to Delete.                                EPA proposed the Dorney Road                        were not transported off of the property
                                                   (2) EPA has provided the                               Landfill Superfund Site (Site) (CERCLIS               by storm water. The removal action
                                                 Commonwealth 30 working days for                         ID PAD980508832) to the NPL on                        consisted of re-grading the Site to
                                                 review of this notice prior to publication               September 8, 1983 (48 FR 40674) and                   prevent surface water runoff. The
                                                 of it today.                                             added the Site as final on the NPL on                 construction of on-site ponds allowed
                                                   (3) In accordance with the criteria                    September 21, 1984 (49 FR 37070). The                 for controlled discharge of surface water
                                                 discussed above, EPA has determined                      Site is located along the southwest                   via two major spillways. Although a soil
                                                 that no further response is appropriate.                 boundary of Upper Macungie Township                   cover was applied to portions of the
                                                   (4) The Commonwealth of                                in Lehigh County, PA, with a small                    Site, the landfill had never been graded
                                                 Pennsylvania, through the Pennsylvania                   portion of the Site extending into                    and capped, and waste continued to be
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                                                 Department of Environmental Protection                   Longswamp Township in Berks County.                   exposed in some areas.
                                                 (PADEP), has concurred with deletion of                    The 27-acre Site consists of an
                                                 the Site from the NPL.                                   abandoned iron mine pit that was used                 Remedial Investigation and Feasibility
                                                   (5) Concurrently with the publication                  as a landfill, a surrounding soil berm,               Study (RI/FS)
                                                 of this Notice of Intent to Delete in the                and adjacent land. Beginning in 1962,                   The Site consists of two operable
                                                 Federal Register, a notice is being                      the Site was operated as an open dump,                units (OUs). OU1 addresses the source
                                                 published in a major local newspaper,                    with the majority of waste disposed in                of the contamination by capping the
                                                 the Reading Eagle. The newspaper                         an abandoned mine pit. The landfill was               landfill. OU2 focuses on addressing


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                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                          33179

                                                 groundwater contamination which is                       ambient airborne contaminants to                      of Decision (ROD) for OU1. The
                                                 the principal exposure pathway.                          evaluate the potential exposure to on-                Selected Remedy in the 1988 OU1 ROD
                                                    A Cooperative Agreement was signed                    site workers and neighboring                          consists of the following components:
                                                 between EPA and PADER, and PADER                         populations. The data was used to                     • Elimination of on-site ponded waters
                                                 became the lead agency for work in the                   determine the appropriate level of                    • Regrading
                                                 RI/FS phase. The OU1 RI was performed                    protection on-site, and to establish the              • Pennsylvania-Type Multi-layer Cap
                                                 from January to June 1988. Due to                        exclusion, contamination reduction, and               • Run-on/Run-off Controls
                                                 difficulties encountered during Phase I                  support zone delineations used during                 • Run-off Monitoring
                                                 activities, additional data needs were                   the field activities.                                 • Groundwater Monitoring
                                                 identified and investigative activities                     A fracture trace analysis was                      • Perimeter Fence
                                                 were proposed as a Phase II RI effort.                   performed to provide information on the               • Deed Notice
                                                 Results of the OU1 RI were presented in                  number, size, frequency and orientation
                                                                                                                                                                   The Remedial Action objectives
                                                 the Final Remedial Investigation Report                  of bedrock joints, fractures, and large-
                                                                                                                                                                (RAOs) were not explicitly stated in the
                                                 for OU1 dated August 11, 1988. A                         scale lineaments. The data was used for
                                                                                                                                                                ROD for OU1. The following RAOs were
                                                 Feasibility Study for OU1, focusing on                   determining monitoring well locations
                                                                                                                                                                inferred:
                                                 the landfill waste, was also submitted in                and for evaluation of the potential for
                                                                                                                                                                   • Control contaminant migration off-
                                                 August 1988. The OU2 RI/FS was                           contaminant migration through bedrock.
                                                                                                             A geophysical investigation (seismic               site by containment of contaminated
                                                 performed by PADER from March to                                                                               landfill soil and waste material;
                                                 July 1991. The study focused on the                      refraction survey) was performed to
                                                                                                          obtain information on the thickness of                   • Prevent dermal contact and
                                                 groundwater and primarily consisted of                                                                         incidental ingestion; and
                                                 additional sampling of wells installed                   overburden and the depth to bedrock,
                                                                                                          the thickness of the landfill waste, the                 • Prevent continued leaching of
                                                 during the OU1 RI.                                                                                             precipitation and ponded waters
                                                    Major field activities conducted                      condition of the bedrock at the iron
                                                                                                          mine pit, and to verify any lineaments                through the contaminated landfill
                                                 during Phase I of the OU1 RI included:                                                                         material.
                                                    • Air sampling;                                       previously identified.
                                                                                                                                                                   On September 18, 1991, the Regional
                                                    • On-site surface water and seep                         Sampling and analysis of the on-site
                                                                                                          ponds was performed to collect data on                Administrator signed an Explanation of
                                                 sampling;
                                                                                                                                                                Significant Differences (ESD) for OU1.
                                                    • On-site sediment sampling;                          the contaminant concentrations in the
                                                    • On-site and off-site, surface and                   standing liquid and bottom sediments.                 The 1991 ESD was issued to address
                                                 subsurface soil sampling;                                The data was used to estimate the extent              compliance with wetlands Applicable
                                                    • Monitoring well installation;                       and degree of contamination and                       or Relevant and Appropriate
                                                    • Groundwater monitoring well and                     estimate the volumes of liquid and soil               Requirements (ARARs). The Selected
                                                 residential well sampling;                               to be treated and/or removed.                         Remedy in the 1988 OU1 ROD required
                                                    • Hydraulic conductivity testing;                        Soil sampling was performed to                     the destruction of approximately seven
                                                    • Fracture trace analysis;                            provide data on the chemical                          acres of wetlands during construction of
                                                    • Surface geophysical investigation.                  characteristics of soils both on-site and             the cap. The 1991 ESD allowed the
                                                    The major field activities performed                  off-site, to determine the degree of off-             sedimentation ponds required to control
                                                 during Phase II of the OU1 RI included:                  site migration of contamination, and to               run-on/run-off from the cap to also
                                                    • Installed one deep well off-site                    provide data concerning the on-site                   mitigate the destroyed wetlands and
                                                 (MW–6) to the southeast to obtain                        vertical and horizontal extent of                     become a quality habitat for the varied
                                                 downgradient groundwater data.                           contamination. For comparison to on-                  wildlife at the Site.
                                                    • Installed an off-site well nest (MW–                site data, a background sample was                       On September 30, 1991, the Regional
                                                 7/7D) to the northwest of the landfill to                collected approximately 900 ft. west of               Administrator signed a ROD for OU2
                                                 provide additional groundwater quality                   the Site and was assumed to be isolated               (1991 OU2 ROD), selecting a remedy
                                                 data and flow information.                               from any site-related conditions. On-site             with the following major components:
                                                    • Installed on-site boring (TB–LMW–                   soils exceeded EPA’s acceptable levels                   • Wellhead treatment units to be
                                                 4) to determine the thickness of gravel                  for both cancer risk and non-cancer                   provided to residences if levels of site-
                                                 between the base of the refuse and the                   hazard index primarily due to                         related contaminants exceeded federal
                                                 top of the bedrock.                                      polycyclic aromatic hydrocarbons                      Maximum Contaminant Levels (MCLs);
                                                    • Installed four borings (TB–1,2,3,4)                 (PAHs), arsenic, lead and chromium.                      • Groundwater monitoring.
                                                 along the southeast corner of the site to                Contaminants in leachate and                             The RAO for OU2 was not explicitly
                                                 identify the presence or absence of a                    groundwater included ketones, 1,1-                    stated in the 1991 OU2 ROD; however,
                                                 shallow groundwater zone identified                      dichloroethene (1,1-DCE), 1,2-                        the RAO is inferred to be to eliminate
                                                 during the OU1 Phase I RI.                               dichloroethane (1,2-DCA), TCE,                        exposure to contaminated groundwater.
                                                    • Obtained six additional                             tetrachloroethylene (PCE), vinyl                      Response Actions
                                                 groundwater samples (MW–6, 7, 7D,                        chloride, benzene and arsenic. Both
                                                 two rounds) and analyzed for unfiltered                  cancer and non-cancer groundwater risk                   In September 1990, EPA issued a
                                                 metals.                                                  substantially exceeded EPA’s acceptable               Unilateral Administrative Order (UAO),
                                                    • Performed borehole geophysics in                    criteria. Risk at the Site was due to                 EPA Docket No. III–90–45–DC, to seven
                                                 off-site wells (MW–2D, 3D, 4, 5D, 6, 7,                  dermal contact and incidental ingestion               Potentially Responsible Parties (PRPs)
                                                 7D). Borehole geophysics were                            of landfill soil, solid waste and on-site             after negotiations were unsuccessful. A
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                                                 performed to supplement the minimal                      ponded waters (OU1) and residential                   second UAO, EPA Docket No. III–91–
                                                 lithological data obtained during the                    exposure via ingestion of contaminated                26–DC, was issued to an eighth PRP on
                                                 OU1 Phase 1 and Phase II RI drilling                     groundwater and inhalation of volatile                January 25, 1991, and a third UAO, EPA
                                                 and well installation activities due to                  contaminants while showering (OU2).                   Docket No. III–92–33–DC, was issued to
                                                 difficulty in drilling and poor                                                                                five additional PRPs on August 13,
                                                 recoveries.                                              Selected Remedy                                       1992. The UAOs required the PRPs to
                                                    Air sampling was performed to                           On September 29, 1988, the Acting                   implement the Selected Remedy
                                                 determine the quantity and quality of                    Regional Administrator signed a Record                described in the 1988 OU1 ROD. The


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                                                 33180                    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules

                                                 modifications to the Selected Remedy                        • Surface drainage was designed with               and 1995 OU1 O&M Plan at the landfill
                                                 specified in the September 18, 1991 ESD                  five basic drainage patterns. These                   monitoring well network and in
                                                 were incorporated into the UAOs. The                     patterns were rough graded during                     accordance with the 1991 OU2 ROD and
                                                 Remedial Design (RD) was approved in                     initial landfill grading operations and               1996 O&M Plan at the residential well
                                                 June 1995.                                               incorporated as part of the temporary                 monitoring network.
                                                   The Remedial Action (RA) for OU1                       erosion sediment control plan.                           Landfill monitoring is conducted to
                                                 began in April 1998. The major                           Permanent drainage incorporated the                   detect any changes in groundwater
                                                 components of the RA included the                        use of stormwater pipes, riprap                       quality due to leaching of landfill
                                                 following:                                               channels and natural drainage systems;                contaminants. The landfill monitoring
                                                   • Site clearing which included                            • A replacement wetland was                        network consists of the following wells:
                                                 removal of ponded water, clearing of                     constructed, which also serves as a                   MW–2S, MW–2DR, MW–3S, MW–7S,
                                                 vegetative cover, chipping woody                         stormwater drainage area; and                         MW–11S and MW–11D. During each
                                                 vegetation, and relocation of fugitive                      • A chain link security fence was                  sampling event, groundwater samples
                                                 surface debris under the cover system;                   installed with proper signage.                        are analyzed for volatile organic
                                                   • Monitoring well abandonment;                            The contractor conducted the RA                    compounds (VOCs) and dissolved
                                                   • Gas trench construction, which was                   basically as designed, with only minor                metals. Field activities, groundwater
                                                                                                          modifications. One modification had to                elevation data, groundwater quality data
                                                 designed to minimize the lateral flow of
                                                                                                          be made for the construction of the                   and the results of the data validation are
                                                 landfill gas outside the landfill limits
                                                                                                          wetlands. The west pond contained a                   presented in each summary report. A
                                                 below the surface. The design included
                                                                                                          large rock which had to be excavated                  summary of all historical data is also
                                                 a peripheral gas collection trench just
                                                                                                          with a rock hammer and processed                      presented in the summary reports.
                                                 beyond the lateral extent of the landfill;
                                                                                                          using a rock crusher. This generated                     During the 2013–2017 period, several
                                                   • Landfill regrading to achieve the
                                                                                                          approximately 30,000 cubic yards of fill              metals were detected in the landfill
                                                 grades and slopes for the acceptance of
                                                                                                          that was used on the general fill layer               monitoring wells. The detected VOCs
                                                 the cover system;
                                                                                                          of the landfill cap. Another modification             included PCE, TCE, and chloromethane.
                                                   • Subgrade preparation which                           was with the placement of the fence on                All detections during the 2013–2017
                                                 involved grading and placement of                        Dorney Road. A variance was needed                    period were within the historical range
                                                 compacted general fill;                                  from the Township to construct the                    of concentrations and remain very low.
                                                   • Construction of a gas vent layer on                  fence closer to the street than 6 feet in             Most are well below MCLs except for
                                                 top of the landfill. A geocomposite was                  order to avoid puncturing the cap with                manganese, mercury and thallium in
                                                 used as a gas vent layer on the side                     the fence posts. The variance was                     MW–7S and thallium in MW–3S. MW–
                                                 slopes of the landfill.                                  granted and the fence was installed                   7S is up gradient of the landfill and
                                                   • Gas vent collection piping system                    according to the specifications.                      these exceedances do not appear to be
                                                 consisting of flexible 4-inch perforated                    EPA, PADEP and the U.S. Army Corps                 site related. Thallium was only detected
                                                 High Density Polyethylene (HDPE) pipe                    of Engineers (COE) conducted a pre-                   in MW–3S during two sampling events
                                                 along the top of the gas trench                          final inspection on September 20, 1999.               in 2016, but had not been detected
                                                 connected to seventeen 4-inch HDPE                       The inspection resulted in a schedule                 previously or in subsequent sampling
                                                 conveyance pipes which were                              for the contractor to correct some minor              events. Based on a review of historical
                                                 connected to seventeen peripheral                        construction items.                                   monitoring from 2013 to 2017 from all
                                                 passive vents along the crest of the cap.                   EPA issued a UAO for the OU2 RD/                   other monitoring wells, there have been
                                                 On the surface of the cap, an additional                 RA, EPA Docket No. III–92–27–DC, to                   no exceedances of MCLs during this
                                                 fourteen passive vents were installed                    twelve PRPs on August 18, 1992. The                   period.
                                                 with four horizontal perforated flexible                 baseline residential well sampling for                   The 1988 OU1 ROD did not select
                                                 HDPE feeder pipes to collect the gas and                 OU2 was conducted during the first two                chemical-specific ARARs for
                                                 vent it passively through vent pipes;                    weeks of March 1999. The 1991 OU2                     groundwater. Instead, the 1988 OU1
                                                   • A geotextile was placed over the gas                 ROD and RD required residential                       ROD required groundwater monitoring
                                                 venting layer prior to installation of the               groundwater samples to be compared to                 upgradient and downgradient of the Site
                                                 grading layer;                                           federal MCLs. If the sampling results                 to detect any changes in groundwater
                                                   • Two types of geomembrane were                        were above the MCLs, wellhead                         quality due to the potential leaching of
                                                 installed. A 40-millimeter smooth HDPE                   treatment units would be required. The                landfill contaminants into groundwater.
                                                 geomembrane was installed where the                      baseline results were below the MCLs at               As indicated above, detections of Site-
                                                 slopes were minimal and a 40-                            all residential wells and no wellhead                 related compounds in groundwater are
                                                 millimeter textured HDPE geomembrane                     treatment units were installed.                       generally below the respective MCLs
                                                 was installed on the embankment slopes                   Residential monitoring is ongoing. The                and have remained consistent with
                                                 along the periphery of the landfill;                     operation and maintenance plans (O&M                  historic groundwater sampling results.
                                                   • On the top of the landfill, a                        Plans) for OU1 and OU2 were approved                  Therefore, no impacts to groundwater as
                                                 geotextile cushion layer was placed over                 by EPA and PADEP in October 1997 and                  a result of leaching of landfill
                                                 the geomembrane to protect it from the                   September 1996, respectively. The                     contaminants have been observed and
                                                 overlying sand drainage layer;                           Preliminary Closeout Report (PCOR)                    the groundwater cleanup goal
                                                   • A sand drainage layer was put in                     was issued for the Site on September 28,              established in the 1988 OU1 ROD has
                                                 place and another separation geotextile                  1999. The PCOR documents that                         been achieved.
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                                                 was put on top of the drainage layer;                    construction activities were completed                   Residential wells are sampled
                                                   • An 18-inch layer of compacted                        at the Site in accordance with Closeout               quarterly on a rotating basis so the same
                                                 general fill on the cover system and 24-                 Procedures For National Priorities Sites              wells are not sampled every event.
                                                 inches of general fill on the cover                      (OSWER Directive 9320.2–09A–P).                       Groundwater samples are collected from
                                                 system slopes serve as protection layer                                                                        an inside or outside spigot and analyzed
                                                 over the underlying system;                              Cleanup Levels                                        for VOCs. Twenty-eight residential
                                                   • A vegetative layer was the final                       Groundwater monitoring is performed                 wells were sampled between the 2013
                                                 cover;                                                   in accordance with the 1988 OU1 ROD                   and 2017. Of those 28 wells, 14 wells


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                                                                          Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules                                           33181

                                                 had one or more detections of VOCs.                      action. In addition, the cap is scheduled             water wells on the landfill were
                                                 The most commonly detected VOC is                        for periodic mowing;                                  implemented by the following
                                                 PCE. The PCE concentrations are                             • Inspection of the drainage swales                instruments with the four Site owners:
                                                 consistent with historical                               for blockage, erosion and instability,                • Unilateral Administrative Order
                                                 concentrations at these locations.                       and any need for corrective action;                     Docket No. III–98–011–DC, March 3,
                                                 Chloroform was detected at two                              • Inspection of the condition of the                 1998, for access to conduct RA
                                                 locations in 2016 and TCE was detected                   groundwater monitoring wells;
                                                                                                             • Quarterly groundwater monitoring,                • Unilateral Administrative Order for
                                                 once in 2013. All detections from 2013                                                                           Access Docket No. III–96–79–DC,
                                                 to 2017 have been well below respective                  which includes monitoring of the
                                                                                                          landfill wells and residential wells; and               September 18, 1996, for access to
                                                 MCLs and have never exceeded MCLs                                                                                conduct RA
                                                 during any monitoring event.                                • Engineered wetlands inspection
                                                                                                          and assessment. Inspections are                       • Administrative Order by Consent,
                                                   The 1991 OU2 ROD waived the                                                                                    Docket No. III–97–84–DC, May 14,
                                                                                                          conducted primarily for the purposes of
                                                 Pennsylvania Hazardous Waste                                                                                     1997, for access and resolution of
                                                                                                          assessing both weed control needs and
                                                 Management Regulations [25 PA Code                                                                               liability
                                                                                                          the survival of plantings. Assessments
                                                 §§ 264.90–264.100, specifically 25 PA                                                                          • Administrative Order by Consent
                                                                                                          are performed to determine if
                                                 Code § 264.97(i) and (j) and                                                                                     Docket No. III–97–85–DC, May 14,
                                                                                                          engineered wetlands are meeting the
                                                 § 264.100(a)(9)], which require                                                                                  1997, for access and resolution of
                                                                                                          performance standards regarding
                                                 remediation of groundwater to                                                                                    liability
                                                                                                          survival and density of the desired
                                                 background levels, as well as the                                                                              • Administrative Order for Access
                                                                                                          wetlands species.
                                                 requirement to remediate groundwater                        The City of Allentown conducts the                   Docket No. III–98–013–DC, for access
                                                 to federal Maximum Contaminant                           quarterly inspections of the landfill, as               to conduct RA
                                                 Levels (MCLs) under the Safe Drinking                    well as the quarterly groundwater                     • Docket No. III–98–012–DC, March 3,
                                                 Water Act, 42 U.S.C. 300g-l and set forth                sampling of both the landfill wells and                 1998, for access to conduct RA,
                                                 in 40 CFR 141.61. These ARARs were                       the residential wells. Over the last five               respondent In Rem
                                                 waived in accordance with CERCLA (42                     years there have been few, if any,                    • Deed Notice No. 8665–9544 May 10,
                                                 U.S.C. 9621(d)(4)(C)) and the NCP (40                    problems with the landfill.                             1991 states that property is part of
                                                 CFR 300.430(f)(1)(ii)(C)(3)) due to                         As established in the 1991 OU2 ROD,                  Dorney Road Landfill CERCLA action
                                                 technical impracticability of achieving                  long-term monitoring is conducted on a                  in Docket No. III–90–45–DC
                                                 background levels (from an engineering                   quarterly basis at five residences
                                                 perspective) and MCLs throughout the                                                                           Five-Year Review
                                                                                                          selected based on the previous sampling
                                                 groundwater contaminant plume. As                        results. The quarterly sampling is                       Pursuant to CERCLA section 121(c)
                                                 indicated above, detections of Site-                     conducted by the City of Allentown.                   and as provided in the current guidance
                                                 related compounds in groundwater are                     The quarterly sampling program may be                 on Five-Year Reviews, Comprehensive
                                                 generally below the respective MCLs in                   modified by EPA, in such areas as the                 Five-Year Review Guidance, OSWER
                                                 Site monitoring wells.                                   number of wells, location of wells,                   Directive 9355.7–03B–P, June 2001, EPA
                                                   The 1991 OU2 ROD required that                         frequency of sampling, and analytical                 must conduct a statutory Five-Year
                                                 MCLs be met for Site related                             parameters. If quarterly sampling                     Review if hazardous substances remain
                                                 contaminants of concern (COCs) at the                    indicates that a residential well that                on-site above levels that would not
                                                 tap prior to use of the groundwater by                   exceeds MCLs, a wellhead treatment                    allow for unlimited use and unrestricted
                                                 nearby residents. Wellhead treatment                     system would be provided and                          exposure. The Five-Year Reviews for the
                                                 systems would be provided if any Site                    maintained. There have been no                        Site were signed on the following dates:
                                                 related MCL exceedances were                             quarterly residential samples which                   1. First Five-Year Review—July 11, 2003
                                                 identified. As indicated above, no Site-                 have been above MCLs since sampling                   2. Second Five-Year Review—July 28,
                                                 related compounds exceeded MCLs in                       began in March 1999.                                       2008
                                                 any residential samples during the most                     In March of 2007 EPA issued a second               3. Third Five-Year Review—May 29,
                                                 recent Five-Year Review period from                      ESD (2007 ESD) that required                               2013
                                                 2013 to 2017. Additionally, no Site                      institutional controls (ICs) (e.g.
                                                 related COCs have been identified in                                                                           4. Fourth Five-Year Review—May 18,
                                                                                                          easements, covenants, title notices or                     2018
                                                 any residential samples above MCLs                       land use restrictions through orders or
                                                 since sampling began in 1999.                            agreements with EPA), to be established                 No issues or recommendations were
                                                 Therefore, the RAO of eliminating                        to prevent any future use of the Site that            identified in the 2018 Fourth Five-Year
                                                 exposure to contaminated groundwater                     could compromise the effectiveness of                 Review. The Protectiveness Statement
                                                 has been achieved. Residential                           the Selected Remedy.                                  in the 2018 Fourth Five-Year Review
                                                 monitoring will continue to ensure that                     The ICs were established to prevent                was as follows:
                                                 groundwater cleanup goals continue to                    the disturbance of the landfill cap and                 The remedies in place at the Site are
                                                 be met.                                                  the installation of groundwater wells on              protective of human health and the
                                                                                                          the capped portion of the Dorney Road                 environment. The landfill cap prevents
                                                 Operation and Maintenance
                                                                                                          Landfill property and to prevent future               direct contact with site contamination
                                                    The PRP group conducts long-term                      use of the property that would                        and prevents migration of contaminants
                                                 monitoring and maintenance activities                    compromise the effectiveness of the                   to groundwater. Groundwater
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                                                 at the Site in accordance with the EPA-                  Selected Remedy.                                      contamination is stable in landfill wells
                                                 approved August 1995 OU1 O&M Plan                           EPA surveyed the landfill property to              with most contaminants below MCLs.
                                                 and January 1996 OU2 O&M Plan. The                       determine the parcel boundaries and to                Residential monitoring indicates site
                                                 primary activities associated with O&M                   confirm the current property owners in                contaminants remain below MCLs. The
                                                 include the following:                                   2011. An assessment of the ICs already                institutional controls in place are
                                                    • Visual inspection of the cap with                   in place concluded that ICs to protect                adequate to protect the engineered
                                                 regard to vegetative cover, settlement,                  the integrity of the cap cover system and             remedy and prevent installation of
                                                 stability, and any need for corrective                   prevent the installation of drinking                  drinking water wells on the landfill.’’


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                                                 33182                    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules

                                                 Community Involvement                                    ENVIRONMENTAL PROTECTION                              additional submission methods, the full
                                                   EPA community relations staff                          AGENCY                                                EPA public comment policy,
                                                 conducted an active campaign to ensure                                                                         information about CBI or multimedia
                                                                                                          40 CFR Part 300                                       submissions, and general guidance on
                                                 that the residents were well informed
                                                 about activities at the Site. Community                  [EPA–HQ–SFUND–2000–0003; FRL–9980–
                                                                                                                                                                making effective comments, please visit
                                                                                                          72—Region 4]                                          http://www2.epa.gov/dockets/
                                                 relations activities included the
                                                                                                                                                                commenting-epa-dockets.
                                                 following:
                                                                                                          National Oil and Hazardous                               (2) Email: Scott Martin, Remedial
                                                 • Interviews of Township officials for                                                                         Project Manager, martin.scott@epa.gov.
                                                                                                          Substances Pollution Contingency
                                                   Five-Year Reviews                                                                                               (3) Mail: Scott Martin, Remedial
                                                                                                          Plan; National Priorities List: Deletion
                                                 • Fact Sheets                                                                                                  Project Manager, Superfund Restoration
                                                                                                          of the Davis Timber Company
                                                   In accordance with the requirements                    Superfund Site                                        and Sustainability Branch, Superfund
                                                 of 40 CFR 300.425(e)(4), EPA’s                                                                                 Division, U.S. Environmental Protection
                                                 community involvement activities                         AGENCY:  Environmental Protection                     Agency, Region 4, 61 Forsyth Street,
                                                 associated with this deletion will                       Agency.                                               SW, Atlanta, Georgia 30303–8960.
                                                 consist of information supporting the                    ACTION: Proposed rule; notice of intent.                 (4) Hand delivery: USEPA Region 4,
                                                 deletion docket in the local Site                                                                              61 Forsyth Street SW, Atlanta, Georgia
                                                 information repository and placing a                     SUMMARY:   The Environmental Protection               30303–8960. Attention: Scott Martin,
                                                 public notice of EPA’s intent to delete                  Agency (EPA) Region 4 is issuing a                    Remedial Project Manager, Superfund
                                                 the Site from the NPL in the Reading                     Notice of Intent to Delete the Davis                  Restoration and Sustainability Branch.
                                                 Eagle, a major, local newspaper of                       Timber Company Superfund Site (Site)                  Hours of Operation: Monday to Friday
                                                 general circulation.                                     located in Hattiesburg, Lamar County,                 7:30 a.m. to 4:30 p.m. Phone: 404–562–
                                                                                                          Mississippi, from the National Priorities             8951.
                                                 Determination That the Site Meets the                    List (NPL). The NPL, promulgated                         Instructions: Direct your comments to
                                                 Criteria for Deletion in the NCP                         pursuant to section 105 of the                        Docket ID no. EPA–HQ–SFUND–2000–
                                                    Construction of the Selected Remedy                   Comprehensive Environmental                           0003. EPA policy is that all comments
                                                 at the Site has been completed and O&M                   Response, Compensation, and Liability                 received will be included in the public
                                                 has been untaken and is still ongoing in                 Act (CERCLA) of 1980, as amended, is                  docket without change and may be
                                                 accordance with the EPA-approved                         an appendix of the National Oil and                   made available online at http://
                                                 O&M Plans. All RAOs, Performance                         Hazardous Substances Pollution                        www.regulations.gov, including any
                                                 Standards, and cleanup goals                             Contingency Plan (NCP). The EPA and                   personal information provided, unless
                                                 established in the 1988 OU1 ROD, 1991                    the State of Mississippi (State), through             the comment includes information
                                                 OU2 ROD, 1991 ESD and 2007 ESD                           the Mississippi Department of                         claimed to be CBI or other information
                                                 have been achieved and the Selected                      Environmental Quality (MDEQ), have                    whose disclosure is restricted by statute.
                                                 Remedy is protective of human health                     determined that all appropriate                       Do not submit information that you
                                                 and the environment. No further                          response actions under CERCLA, other                  consider to be CBI or otherwise
                                                 Superfund response actions, other than                   than operations and maintenance and                   protected through http://
                                                 O&M, monitoring, and Five-Year                           five-year reviews, have been completed.               www.regulations.gov or email. The
                                                 Reviews, are necessary to protect human                  However, this deletion does not                       http://www.regulations.gov website is
                                                 health and the environment.                              preclude future actions under                         an ‘‘anonymous access’’ system, which
                                                    The procedures specified in 40 CFR                    Superfund.                                            means EPA will not know your identity
                                                 300.425(e) have been followed for the                                                                          or contact information unless you
                                                                                                          DATES:  Comments must be received by                  provide it in the body of your comment.
                                                 deletion of the Site. EPA, with                          August 16, 2018.
                                                 concurrence of the Commonwealth                                                                                If you send an email comment directly
                                                                                                          ADDRESSES: Submit your comments,                      to EPA without going through http://
                                                 through PADEP, has determined that all
                                                                                                          identified by Docket ID no. EPA–HQ–                   www.regulations.gov, your email
                                                 appropriate response actions under
                                                                                                          SFUND–2000–0003, by one of the                        address will be automatically captured
                                                 CERCLA, have been completed.
                                                                                                          following methods:                                    and included as part of the comment
                                                 Therefore, EPA is deleting the Site from
                                                                                                            (1) http://www.regulations.gov.                     that is placed in the public docket and
                                                 the NPL.
                                                                                                          Follow the online instructions for                    made available on the internet. If you
                                                 List of Subjects in 40 CFR Part 300                      submitting comments. Once submitted,                  submit an electronic comment, EPA
                                                   Environmental protection, Air                          comments cannot be edited or removed                  recommends that you include your
                                                 pollution control, Chemicals, Hazardous                  from Regulations.gov. The EPA may                     name and other contact information in
                                                 waste, Hazardous substances,                             publish any comment received to its                   the body of your comment and with any
                                                 Intergovernmental relations, Penalties,                  public docket. Do not submit                          disk or CD–ROM you submit. If EPA
                                                 Reporting and recordkeeping                              electronically any information you                    cannot read your comment due to
                                                 requirements, Superfund, Water                           consider to be Confidential Business                  technical difficulties and cannot contact
                                                 pollution control, Water supply.                         Information (CBI) or other information                you for clarification, EPA may not be
                                                                                                          whose disclosure is restricted by statute.            able to consider your comment.
                                                   Authority: 33 U.S.C. 1321(d); 42 U.S.C.                Multimedia submissions (audio, video,                 Electronic files should avoid the use of
                                                 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,               etc.) must be accompanied by a written
                                                 2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                                                                                                                                special characters, any form of
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                                                                                          comment. The written comment is                       encryption, and be free of any defects or
                                                 FR 2923, 3 CFR, 1987 Comp., p. 193.                      considered the official comment and                   viruses.
                                                                                                          should include discussion of all points                  Docket: All documents in the docket
                                                   Dated: June 19, 2018.                                  you wish to make. The EPA will                        are listed in the http://
                                                 Cosmo Servidio,                                          generally not consider comments or                    www.regulations.gov index. Although
                                                 Regional Administrator, EPA Region III.                  comment contents located outside of the               listed in the index, some information is
                                                 [FR Doc. 2018–15245 Filed 7–16–18; 8:45 am]              primary submission (i.e. on the web,                  not publicly available, e.g., CBI or other
                                                 BILLING CODE 6560–50–P                                   cloud, or other file sharing system). For             information whose disclosure is


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Document Created: 2018-07-17 01:38:32
Document Modified: 2018-07-17 01:38:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of intent.
DatesComments must be received by August 16, 2018.
ContactDavid Greaves, Remedial Project Manager, U.S. Environmental Protection Agency, Region 3, 3HS211650 Arch Street Philadelphia, PA 19103, (215) 814-5729, email: [email protected]
FR Citation83 FR 33177 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply

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