[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60901-60906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27801]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9972-38-Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the C&D Recycling Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final Notice of Deletion of the C&D Recycling 
Superfund Site (Site), located in Foster Township, Pennsylvania, from 
the National Priorities List (NPL). The NPL, promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the Commonwealth of Pennsylvania (Commonwealth), through 
the Pennsylvania Department of Environmental Protection (PADEP), 
because EPA has determined that all appropriate response actions under 
CERCLA have been completed. However, this deletion does not preclude 
EPA from taking future actions at the Site under Superfund.

DATES: This direct final deletion is effective February 26, 2018 unless 
EPA receives adverse comments by January 25, 2018. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
deletion in the Federal Register informing the public that the deletion 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002 at http://www.regulations.gov. Follow the online 
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.

FOR FURTHER INFORMATION CONTACT: Gregory Voigt, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region III, Mail Code 
3HS21, 1650 Arch Street, Philadelphia, PA 19013, (215) 814-5737, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region III is publishing this direct final Notice of Deletion 
of the C&D Recycling Superfund Site, from the National Priorities List 
(NPL). The NPL constitutes Appendix B of 40 CFR part 300, which is the 
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 
Sec.  300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for Fund-financed remedial actions if future conditions 
warrant such actions.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Site and demonstrates how it 
meets the deletion criteria. Section V discusses EPA's action to delete 
the Site from the NPL unless adverse comments are received during the 
public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    EPA may initiate further action to ensure continued protectiveness 
at a deleted site if new information becomes available that indicates 
it is appropriate. Whenever there is a significant release from a site 
deleted from the NPL, the deleted site may be restored to the NPL 
without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth prior to developing this 
direct final Notice of Deletion and the Notice of Intent to Delete co-
published

[[Page 60902]]

today in the ``Proposed Rules'' section of the Federal Register.
    (2) EPA has provided the Commonwealth 30 working days for review of 
this direct final Notice of Deletion and the parallel Notice of Intent 
to Delete prior to their publication today, and the Commonwealth, 
through PADEP, has concurred on the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, the 
Standard Speaker. The newspaper notice announces the 30-day public 
comment period concerning the Notice of Intent to Delete the Site from 
the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

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

Site Background and History

    The C&D Recycling Superfund Site (the Site) (CERCLIS ID 
PAD021449244) encompasses approximately 110 acres and is located in a 
rural area along Brickyard Road in Foster Township, Luzerne County, 
Pennsylvania. From 1963 to 1978, Lurgan Corporation operated a metal 
reclamation facility at the Site. In 1979, the business was conveyed to 
C&D Recycling, Inc. Both Lurgan Corporation and C&D Recycling, Inc.'s 
operations involved the reclamation of metals (i.e., copper and/or 
lead) from cable and/or scrap metal transported to the Site. Available 
documentation suggests that lead was recovered from cable and wire 
until the mid-1970's, after which limited burning of lead cable at the 
Site occurred. Typical Site operations involved mechanical removal of 
the outer plastic casing and burning of the inner lining, sheathing or 
insulation to expose the copper cable in one of five furnaces located 
at the Site. The copper was returned to the generator and the plastic 
casing was stockpiled at the Site. Site operations ceased in 1984. 
Currently, portions of the Site are being used as a wildlife refuge, 
while other portions are either undeveloped, or contain private 
residences.
    EPA and PADEP collected analytical data in 1984 and 1985 to 
evaluate the relative hazards posed by the Site in the Hazard Ranking 
System (HRS). An HRS score of 43.92 was calculated for the Site in 
April 1985, based primarily upon the elevated levels of contamination 
in Site soils, and sediment suspended within the shallow dairy farm 
well existing at the Site. In September 1985, EPA proposed the Site for 
inclusion on the NPL (50 FR 37630). The Site was placed on the NPL on 
February 21, 1990 (55 FR 6154). In April 1986, PADEP requested that EPA 
take the lead on the Site response action.
    EPA entered into an Administrative Order on Consent, Docket Number 
III-87-30-DC, on September 1, 1987, which was subsequently amended in 
June 1988, Docket Number III-87-31-DC, (collectively Consent Order) 
with AT&T Nassau Metals Corporation (Nassau) under which Nassau was 
required to: (1) Implement erosion controls and security measures to 
stabilize the Site; and (2) investigate the nature and extent of 
contamination and risks and develop alternatives to address the 
contamination at the Site. Nassau was the only potentially responsible 
party (PRP) to cooperate with EPA with respect to Site response 
actions. At the time of the Consent Order, Nassau was a wholly owned 
subsidiary of Lucent Technologies, Inc. (Lucent). Lucent subsequently 
merged with Alcatel SA of France on December 1, 2006 to form Alcatel-
Lucent SA. For clarity, Nassau and Lucent will hereinafter collectively 
be referred to as the PRP.
    The PRP conducted the following removal action activities under the 
Consent Order:
     Consolidation and covering of ash piles at the Site;
     Construction of sedimentation and erosion controls to 
minimize migration of contaminated soil from the Site in surface water 
runoff;
     Installation of fencing and seeding to prevent exposure to 
contaminated soil areas; and
     Removal of piles of cable casings and transport off-site 
for recycling.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS was initiated at the Site in September 1987. The final 
RI/FS Report was completed in January 1992 and approved by EPA in March 
1992. The area of contamination identified in the RI/FS Report included 
the following:
     Approximately 26,273 cubic yards (yds \3\) of soil 
contaminated with lead, copper, antimony and/or other contaminants;
     Several small piles of ash (approximately 165 yds \3\) 
resulting from the burning of material at the Site contaminated with 
lead, copper, and low levels of dioxins and furans;
     Approximately 1,200 linear feet of Mill Hopper Creek (the 
Creek) containing sediment contaminated with lead, copper, and zinc;
     A 0.5-acre pond (Mill Hopper Pond or the Pond) with 
contaminated sediment (approximately 1,900 yds \3\);
     Abarn and milkhouse used when the property at the Site was 
a dairy farm;
     A main facility building including four furnaces used to 
burn cable;
     An underground storm water sewer system, which contained 
approximately 24 yds \3\ of contaminated sediment; and
     A small isolated furnace once used to burn cable.

Selected Remedy

    EPA issued the Record of Decision (ROD) for the Site on September 
30, 1992. The Remedial Action Objectives (RAOs) specified in the ROD 
consisted of:
    1. Protection of human health and the environment;
    2. Source control and prevention of migration of contamination from 
the Site via wind and surface water transport;
    3. Source control of contaminants in soil such that leaching of 
contamination to groundwater will not occur in the future;
    4. Source control of soil, sediment, and ash with lead 
concentrations greater than 500 parts per million (ppm);
    5. Decontamination of Site buildings; and
    6. Prevention to exposure to contaminants.
    The remedy selected in the ROD (Selected Remedy) addressed 
contaminated soil, ash, sediment,

[[Page 60903]]

buildings, and structures and consisted of the following components:
    1. Confirmation, e.g., via sampling, of the areal limits of soil 
and sediment with lead contamination above 500 ppm (including soil 
beneath buildings and concrete slabs constructed after 1963 as well as 
pavement and sediment in Mill Hopper Creek and wetlands);
    2. Performance of a Phase 1B archeological survey in areas 
possessing high or moderate archeological sensitivity potentially 
impacted by the Remedial Action;
    3. Removal and off-Site disposal and/or recycling of casing and 
wire;
    4. Excavation of all soil with lead contamination above 500 ppm 
resulting from Site operations (excluding soil beneath buildings and 
concrete slabs constructed after 1963, or pavement which shall 
otherwise be maintained to prevent migration of contamination from the 
Site);
    5. Excavation of sediment from the banks of Mill Hopper Pond with 
lead levels greater than 500 ppm and excavation of the top two feet of 
sediment (or an amount sufficient to secure a new substrate) from the 
pond bottom to ensure that pond water quality is not impacted;
    6. Removal of sediment within Mill Hopper Creek contaminated with 
lead above 500 ppm;
    7. Removal and sampling of all sediment located within the storm 
water sewer system located at the Site and evaluation of the system's 
integrity (including drainage ditches) to determine the potential for 
releases of hazardous substances from the Site into the soil and ground 
water and any necessary response actions;
    8. Excavation of all ash located at the Site;
    9. Post excavation/removal sampling to confirm that ash, soil and 
sediment cleanup levels are met;
    10. On-Site stabilization of the contaminated soil and sediment, 
excavated and removed as described above, to remove any characteristic 
of hazardous waste;
    11. On-Site stabilization of the contaminated ash, excavated as 
described above, to remove any characteristic of hazardous waste;
    12. Off-Site disposal of stabilized soil, sediment, and ash into a 
non-hazardous (RCRA Subtitle D) waste disposal facility;
    13. Decontamination of Site buildings with lead levels in walls and 
floors above 500 ppm, including dismantling of non-structural 
components and removal of equipment and debris which may inhibit 
decontamination to required levels, or demolition of buildings that 
cannot be cleaned to 500 ppm lead;
    14. Dismantling of the old furnace and other structures, as 
necessary, which inhibit soil or sediment remediation and which shall 
not be maintained, as necessary, to prevent migration of contaminants 
from the Site;
    15. Off-Site disposal of material generated from dismantling of 
Site buildings into a non-hazardous (Subtitle D) waste disposal 
facility or decontamination and recycling of dismantled material;
    16. Performance of biota toxicity tests on remaining soil and 
sediment to ensure that remediated soil (i.e., soil with lead levels no 
higher than 500 ppm) does not pose a threat to the environment 
(procedures to be determined during Remedial Design);
    17. Site grading, revegetation, and related work, to ensure that 
Site topography and drainage ways adequately convey water from the 
Site, and that soil excavation does not result in low lying areas;
    18. Air monitoring during on-Site activities, and implementation of 
dust control or other necessary abatement actions to prevent migration 
of contaminants to the surrounding community during the Remedial 
Action;
    19. Abandoning wells which serve no useful long-term purpose;
    20. Periodic monitoring of ground water and surface water; and
    21. If the soil beneath pavement, or soil beneath buildings and 
concrete slabs constructed after 1963, contains concentrations of lead 
greater than 500 ppm and these structures are not demolished, then 
institutional controls, (e.g., deed restrictions) will be implemented 
to prevent residential use potentially affecting the protectiveness of 
the Selected Remedy, and to ensure that Site contaminants which may 
remain beneath buildings and pavement are properly identified.
    Consistent with the Site RAOs, the Selected Remedy included 
decontamination and/or demolition of contaminated buildings and 
structures; stabilization of contaminated soil, ash, and sediment with 
lead levels greater than 500 ppm, as needed; and disposal of the 
stabilized and/or decontaminated material into an off-Site landfill. As 
stated in the ROD, EPA determined that the selected soil cleanup level 
of 500 ppm lead (i.e., no confirmatory sample collected shall exceed 
500 ppm) is protective of human health and would not impact the 
environment. The cleanup level of 500 ppm ensures that the average soil 
lead level remaining on any two-acre plot is less than approximately 
235 ppm, including theoretical residential plots located on the Site. 
Thus, EPA determined that residual soil lead levels remaining at the 
Site are protective.

Response Actions

    All Remedial Design (RD), Remedial Action (RA) and Operation and 
Maintenance (O&M) activities for the Site were conducted in accordance 
with a Unilateral Administrative Order (UAO) which was issued to the 
PRP on August 9, 1994 (EPA Docket No. III-94-18-DC). The UAO was 
subsequently converted to a Consent Decree that was signed and lodged 
with the District Court for the Western District of Pennsylvania on 
July 22, 1998 (Consent Decree) (Civil Action No. 3:96-CV-562).
    The RD was performed from October 1996 through February 1997 and 
approved by EPA on May 8, 1998. During the RD phase, Site preparation 
work involved the removal of various types of debris and cable casings 
from the Site, as well as demolition and off-Site disposal of the old 
furnace.
    Construction of the RA was conducted between February 1998 and 
August 1999. EPA approved the September 27, 2000 Remedial Action 
Completion Report (RACR) documenting completion of the RA. Biotoxicity 
sampling of the Pond and Creek and well abandonment, as selected in the 
ROD, were completed in 2003 and 2002, respectively. In June 2016, EPA 
approved the Work Completion Certification and Report (WCCR) 
documenting completion of these remaining components of the Selected 
Remedy.

Performance Standards

    The 2000 RACR documented that the RA had attained the following 
Performance Standards as specified in the ROD:
    1. The Phase IB Archeological Survey shall comply with Guidelines 
on Archaeology and Historic Preservation, 48 FR.44716-42 (September 29, 
1983), 36 CFR parts 65 and 800.
    2. Site activity shall not cause exceedance of Pennsylvania Water 
Quality Standards in Mill Hopper Creek, 25 PA Code Sec. Sec.  93.3 
through 93.8, or exceedance of background water quality in Mill Hopper 
Creek should background quality exceed Pennsylvania Water Quality 
Standards, 25 PA Code Sec.  93.5 and water quality criteria for toxic 
substances of 25 PA Code Chapter 16. However, compliance with Chapter 
16 regulations will consider the ambient background water quality of 
Mill Hopper Creek and Mill Hopper Pond.

[[Page 60904]]

    3. The stabilization process and/or earth moving shall not generate 
dust exceeding National Ambient Air Quality Standards within 100 feet 
of the Area of Contamination [Clean Air Act section 109, National 
Primary and Secondary Ambient Air Quality Standards for lead, 40 CFR 
50.12, and particulate matter, 40 CFR 50.6 and 40 CFR part 52, subpart 
NN] [Pennsylvania's Air Pollution Control Act, 25 PA Code Sec. Sec.  
123.1 et. seq, and 131.1 et. seq.]. Dust suppression methods, e.g., 
wind screens, water spray, or chemical agents, shall be utilized to 
minimize dust. Air monitoring shall be performed in accordance with 40 
CFR part 50, Appendix G [25 PA Code Sec. Sec.  123.1 et. seq. and 131.1 
et. seq.].
    4. Excavation and consolidation of the soil, sediment and ash shall 
comply with the Pennsylvania Erosion Control Regulations, 25 PA Code 
Sec. Sec.  102.1 et. seq., Pennsylvania's Air Pollution Control Act, 25 
PA Code Sec. Sec.  123.1 et. seq. and 131.1 et. seq.
    5. Diversion of Mill Hopper Creek during implementation of Selected 
Remedy shall comply with Pennsylvania Dam Safety and Waterway 
Management Regulations, 25 PA Code Sec.  105.1 et. Seq.
    6. Disposal of hazardous waste debris generated from the 
decontamination, dismantling and/or demolition of Site buildings, the 
old furnace and any other structures, shall comply with the Land 
Disposal Restriction requirements of 40 CFR part 268.
    7. The stabilized soil, sediment, and ash shall be analyzed using 
the Toxic Characteristic Leaching Procedure. No sample of leachate from 
tested stabilized material shall exceed the levels specified in Table 
20, below.
    8. Cleanup levels for contaminants of concern in soil and sediment 
(Table 20) shall not be exceeded in any soil or sediment sample, 
excluding areas not impacted by the Site, remaining after Site 
remediation.

     Table 20--Cleanup Levels for Contaminants of Potential Concern
  Contributing Excess Cancer Risk Greater Than 1 x 10-6 or Hazard Index
                             Greater Than 1
------------------------------------------------------------------------
              Media                   Contaminant       Clean-Up Level
------------------------------------------------------------------------
Soil............................  Lead..............  500 ppm.
                                  Copper............  3300 ppm.
                                  Antimony..........  35 ppm.
                                  PAHs..............  1 ppm.
                                  PCBs..............  2 ppm.
Sediment........................  Lead..............  500 ppm.
                                  Copper............  2900 ppm.
                                  Antimony..........  35 ppm.
                                  PAHs..............  1 ppm.
Stabilized Ash, Sediment and      Arsenic...........  5 mg/L.
 Soil (Extract).
                                  Barium............  100 mg/L.
                                  Cadmium...........  1 mg/L.
                                  Chromium..........  5 mg/L.
                                  Lead..............  5 mg/L.
                                  Mercury...........  0.2 mg/L.
                                  Selenium..........  1 mg/L.
Building Surfaces...............  Lead..............  50 ug/m3, or 500
                                                       ppm.
                                  Copper............  1000 ug/m3, or
                                                       3300 ppm.
                                  Antimony..........  500 ug/m3, or 35
                                                       ppm.
------------------------------------------------------------------------

    Post-RA sampling data demonstrated that the Selected Remedy 
achieved the RAOs selected in the ROD. Protection of human health and 
the environment (RAO #1) and prevention to exposure to contaminants 
(RAO #6) were achieved by ensuring that all performance standards 
selected in the ROD were met, as explained in Section 5.0 of the RACR. 
Source control RAOs (RAO #2, #3, and #4) were achieved by stabilizing 
contaminated soil, ash, and sediment with lead levels greater than 500 
ppm, as needed; and by disposing the stabilized material into an off-
Site landfill, as explained in Sections 3.4 and 3.5 of the RACR. 
Decontamination of on-Site buildings (RAO #5) was achieved by ensuring 
that all on-Site building surfaces were free from Site contaminants, as 
explained in Section 3.3 of RACR.
    During the RA, Site soils and sediments with identified lead 
concentrations of greater than the Site clean-up level of 500 ppm were 
excavated, stabilized as appropriate, and transported off-site for 
disposal at an approved facility. Soil was excavated to depths of up to 
four feet resulting in the removal of approximately 43,800 cubic yards 
of material. A total of 267 post-excavation soil samples were 
collected, and confirmed that all identified contamination was removed 
from the Site, and that the cleanup level for lead of 500 ppm selected 
in the ROD was achieved.
    As part of the RI/FS at the Site, a monitoring well network 
consisting of 17 wells was completed. The wells were sampled multiple 
times during the course of the RI/FS. In the ROD, EPA determined that 
the data obtained during performance of the RI/FS demonstrated that 
groundwater had not been impacted by Site activities. The ROD required 
additional monitoring of Site groundwater for lead to evaluate any 
possible impacts caused by the RA. One pre-construction and two post-
construction groundwater sampling events were conducted. Four on-site 
shallow wells were sampled for lead to monitor groundwater quality. The 
groundwater sampling results confirmed that Site construction 
activities during the RA did not impact the groundwater underlying the 
Site. Since all of the groundwater monitoring activities selected in 
the ROD were completed, the remaining monitoring wells located on-Site 
were subsequently abandoned on August 26 through August 29, 2002.
    The ROD also selected the ``performance of biota toxicity tests on 
remaining soil/sediment to ensure that remediated soil (i.e., soil with 
lead levels no higher than 500 ppm) does not pose a threat to the 
environment''. The biotoxicity testing procedures employed at the Site 
in order to meet the above-described ROD requirement were established 
in the Biotoxicity Testing Plan (BTP).
    The baseline biotoxicity sampling/evaluation was conducted in May 
1998 prior to the start of the RA. This testing

[[Page 60905]]

was conducted for the purpose of establishing the baseline biotoxicity 
of Site sediments that were known to contain lead concentrations that 
exceeded the Site cleanup goal of 500 ppm. The evaluation was conducted 
on samples collected at the Site and at a nearby off-site reference 
location (a pond approximately eight miles from the Site).
    The biotoxic effect threshold of Site sediments was established to 
be 842 ppm lead based on the results of the baseline biotoxicity 
evaluation. Three additional biotoxicity sampling events were conducted 
after the August 13, 1999 RA completion date in accordance with the 
BTP. The Year 1 event occurred on August 30, 2000, the Year 2 event 
occurred on September 20, 2002 and the Year 3 event occurred on October 
29, 2003.
    During these three post-RA sampling events, three out of a total of 
52 sediment sample results from the Pond and Creek were found to 
contain lead in excess of the 500 ppm Site cleanup level. In each 
instance, when an elevated sample result for lead was identified, the 
PRP performed additional sediment sampling to delineate the extent of 
lead sediment concentrations in excess of 500 ppm and then implemented 
a focused excavation program to remove these sediments from the Site. A 
total of eight sampling rounds associated with the three biotoxicity 
sampling events were conducted after completion of the RA.
    All lead analytical results of sediments remaining in place after 
the focused removal of sediments from the Pond and Creek were less than 
the Site lead cleanup goal of 500 ppm. Therefore, subsequent bioassay 
testing of the Year 1, 2 and 3 samples was not performed.
    Finally, sampling conducted by the PRP in 1989 as part of the RI/FS 
showed the isolated presence of low levels of dioxin in the ash piles 
stored on-Site. Specifically, two dioxin samples were collected at the 
Site in 1989 from two separate ash piles (designated ASH-B and ASH-F) 
which were subsequently excavated. The piles were analyzed for 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD), 2,3,7,8,-tetrachlorodibenzofuran 
(TCDF) and specific 2,3,7,8-dioxin congeners. Both of the samples 
contained low levels of chlorinated dioxins/furans. After issuance of 
the 2012 preliminary remediation goals for dioxin in soil, by letter 
dated July 24, 2014, EPA required the PRP to collect additional soil 
samples at the Site to confirm that the Selected Remedy was protective 
of human health and the environment. By letter dated October 13, 2015, 
EPA informed the PRP that the sampling results indicated that dioxin 
did not exceed residential or commercial screening levels in any of the 
samples collected from native soil at the Site.
    EPA subsequently issued a Final Close Out Report (FCOR) for the 
Site dated October 4, 2016. The FCOR summarized all of the remedial 
activities conducted at the Site, and concluded that EPA has 
successfully completed all response actions for the Site in accordance 
with Close Out Procedures for National Priorities List Sites (OSWER 
Directive 9320.2-09A-P).

Operation and Maintenance

    An O&M Plan dated April 29, 1998 was approved by EPA as part of the 
RD. The O&M Plan identifies the O&M activities that would be performed 
at the Site after the RA was completed. The O&M activities were 
intended to address: (1) Erosion and sedimentation control measures 
until sufficient vegetative cover had re-established itself; (2) post-
remedy ground water sampling; and (3) the sampling/inspection 
requirements specified in the BTP.
    RA activities were completed on August 13, 1999. Lucent conducted 
inspections of the Site for the first year after completion of the Site 
remediation activities. These inspections were conducted on a monthly 
basis and after known significant storm events (e.g., rain events over 
one inch), as outlined in the O&M Plan. Inspections were not performed 
during winter months when the ground was frozen or snow covered. After 
the first year of monthly inspections, quarterly inspections of the 
Site were conducted for the following four years as required by the O&M 
Plan. During each Site inspection, the vegetative cover, drainage 
channels and swales, and remediated Creek downstream of the Pond were 
inspected to verify that they were in good condition and functioning 
properly.
    In accordance with the O&M Plan, the revegetated Site was to be 
left in its natural state and not mowed and no future O&M is required.

Institutional Controls

    The ROD selected ICs if soils containing concentrations of lead 
over 500 ppm remain beneath the pavement, or buildings and concrete 
slabs constructed on-Site after 1963. Since all Site soils with lead 
concentrations in excess of 500 ppm were removed from the Site during 
implementation of the Selected Remedy, no ICs are required at the Site. 
However, as an added precaution, in March 1999, the then-current owner 
of the original 46-acre C&D property which contains the main C&D 
Recycling building and several abandoned farm structures, known as Tax 
Parcel 11, filed a deed restriction in the land records for that 
parcel. This deed restriction limits access to the Site, and prevents 
the Tax Parcel 11 from being used for residential, commercial, 
agricultural and/or recreational purposes.
    In May 2002, Tax Parcel 11 was purchased at a tax sale, and title 
to the property was redeeded under a corporation named ``Green Meadows 
Conservancy, Inc.'' on July 10, 2006. Tax Parcel 11 property is now 
classified as a wildlife preserve and there are no plans for its 
redevelopment.
    Based on the above information, EPA has determined that there are 
no hazardous substances present on-Site above levels allowing for 
unlimited use and unrestricted exposure now that the Selected Remedy is 
complete. The Site is, therefore, protective of human health and the 
environment. No Five-Year Reviews have been performed and they are not 
required pursuant to CERCLA section 121(c).

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:
     Public Meetings: May 1997.
     Township Supervisor Meetings: April 1997 and May 1998.
     Fact Sheets: April 1998, December 1998, and June 1999.
    Additionally, during the RA, EPA's Remedial Project Manager (RPM) 
met with Foster Township representatives on a weekly basis to provide 
an update on the work accomplished and the upcoming scheduled work.
    In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's 
community involvement activities associated with this deletion will 
consist of placing 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 Standard Speaker, a 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 was completed in accordance with the EPA-approved O&M Plan. All 
RAOs, Performance Standards, and cleanup goals established in the ROD 
have been achieved and the Selected Remedy is

[[Page 60906]]

protective of human health and the environment. No further Superfund 
response is necessary to protect human health and the environment.
    The Site Deletion procedures specified in 40 CFR 300.425(e) have 
been followed for the deletion of the Site.

V. Deletion Action

    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.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective February 26, 2018 unless EPA receives adverse comments by 
January 25, 2018. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion, and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: December 1, 2017.
Cosmo Servidio,
Regional Administrator, EPA Region III.
    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; 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.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing ``PA'', ``C 
& D Recycling'', ``Foster Township''.

[FR Doc. 2017-27801 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P


