[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31826-31831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14251]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0008; FRL-9996-05-Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Strasburg 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 3 is issuing 
a Notice of Intent to Delete the Strasburg Landfill Superfund Site 
(Site) located in Newlin and West Bradford Townships, Chester County, 
Pennsylvania from the National Priorities List (NPL) and requests 
public comments on this proposed action. The NPL, promulgated pursuant 
to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, as amended, is an 
appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). The EPA and the Commonwealth of Pennsylvania, 
through the Pennsylvania Department of Environmental Protection (PADEP, 
Southeast Region), 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 does not preclude future actions under Superfund.

DATES: Comments must be received by August 2, 2019.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0008, by one of the following methods:
     https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: greaves.david@epa.gov.
     Mail: USEPA Region III, 1650 Arch Street, Philadelphia, PA 
19103.
     Hand delivery: USEPA 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-
1989-0008. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or email. The https://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 https://www.regulations.gov, your email

[[Page 31827]]

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 https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at: USEPA 
Region III Administrative Records Room: 1650 Arch Street--6th Floor, 
Philadelphia, PA 19103-2029, (215) 814-3157, Business Hours: Monday 
through Friday, 8:00 a.m.-4:30 p.m.; by appointment only.
    Local Repository: Kennett Library, 216 East State Street, Kennett 
Square, PA 19348, (610) 444-2702, Business Hours: Monday through 
Friday, 9:00 a.m.-8:00 p.m.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 3 announces its intent to delete the Strasburg Landfill 
Superfund Site from the NPL and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the NCP, which EPA promulgated pursuant to section 105 of the 
CERCLA of 1980, as amended. EPA maintains the NPL as 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 Strasburg Landfill Superfund 
Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the Commonwealth, whether any of the following 
criteria have been met:
    (1) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (2) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (3) 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 of Pennsylvania before 
developing this Notice of Intent to Delete;
    (2) EPA has provided the Commonwealth of Pennsylvania 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 PADEP (Southeast 
Region), 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 Daily Local News. 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 Intended Site Deletion

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

Site Background and History

    EPA proposed the Site (EPA ID PAD000441337) to the NPL on June 24, 
1988 (53 FR 23978) and added the Site to the NPL on March 31, 1989 (54 
FR 13296). The Site is located south and slightly east of Strasburg 
Road in

[[Page 31828]]

Newlin Township, Chester County, Pennsylvania.
    The Site includes a 24-acre inactive landfill located on two 
parcels totaling approximately 209 acres of undeveloped land. In 
addition to the 209 acres, the Site also includes an access road on a 
14.5-acre parcel that provides access from Strasburg Road to the Site. 
The access road is located in Newlin and West Bradford Townships. The 
topography of the area is characterized by a combination of steep and 
gentle hills. In general, the land in the Site area slopes towards, and 
drains to the Brandywine Creek, or Briar Run, a tributary. These 
streams form the eastern and western boundaries of the Site area. A 
small wetlands area has been created on the eastern side of the 
landfill along Briar Run. The wetlands receive the discharge from the 
Site's leachate collection system prior to ultimately discharging into 
Briar Run. Groundwater flow at the Site is to the south, southwest, and 
southeast.
    Land use in the area is primarily suburban residential, with some 
residual agricultural areas. There are more than 300 single family 
residences within a one-mile radius of the Site. The drinking water to 
these residences is primarily supplied from groundwater. Most of the 
homes are served by private home wells. A 57-acre parcel, adjacent to 
the two parcels on which the landfill is situated and abutting 
Strasburg Road, was acquired by West Bradford Township in August 2007 
through a property sheriff sale. The West Bradford parcel is currently 
used for township lawn waste composting.
    The Site began to accept municipal and industrial waste in 1978. 
The landfill operators were cited by PADEP for numerous operational 
violations, and the landfill was closed in 1984. During its period of 
operation, the landfill accepted approximately three million cubic 
yards of waste. Following closure, the landfill began discharging 
leachate into the surrounding area, including Briar Run.
    Initial sampling on and around the landfill showed elevated levels 
of vinyl chloride (VC) and trichloroethene (TCE) both in leachate seeps 
emanating from the landfill and also in home wells adjacent to the 
Site. Subsequent inspections and sampling showed that the existing 
landfill cap had failed in numerous locations and that contaminants 
were flowing both into nearby surface water streams and into the 
groundwater.
    PADEP required the landfill operators to collect the leachate and 
transport it offsite for treatment at a nearby municipal sewage 
treatment plant. The leachate was collected until July 1989 when the 
landfill operators gave notice that they would no longer operate the 
leachate collection system. PADEP operated the system on an interim 
basis until EPA took over operations of the temporary leachate 
collection system in September 1989.

Remedial Investigation (RI) and Feasibility Study (FS)

    The RI for the Site was performed by Ecology and Environment, Inc. 
(E&E) for EPA beginning in March 1989 to assess the nature and extent 
of contamination and document the potential for contaminant migration 
from the Site.
    E&E field activities conducted during the RI included:
     Installation of four shallow (MW-1S, MW-2S, MW-3S, and MW-
4S) and five intermediate depth (MW1I, MW-2I, MW-3I, MW-4I, and MW-5I) 
downgradient monitoring wells;
     Sampling and analysis of soils extracted during well 
installation;
     Surface water, sediment, and bioassay sampling from onsite 
locations and locations in Briar Run and Brandywine Creek;
     Soil gas sampling at a grid area southeast of the landfill 
and around the landfill perimeter;
     Packer injection testing of the intermediate-depth 
monitoring wells;
     Packer production testing of both shallow (120 feet total 
depth) and deep (300 feet total depth) residential wells;
     Residential well sampling and analysis;
     Sampling and analysis of new monitoring wells installed in 
1990 and well M5, installed in 1984; and
     Ambient air sampling.
    Contaminants of concern (COCs) at the Site included volatile and 
base-neutral organics and selected inorganics. Volatile organic 
compounds (VOCs) were detected in ambient air, soil gas, soil, 
groundwater, surface water, sediment, and seep areas. The distribution 
of base-neutral and inorganic contamination was limited primarily to 
the sediment and water in the seep areas and in the sediment pond. The 
observed contaminant distribution reflected the differing mobilities of 
the different compounds, with the widest distribution observed in the 
most mobile class of compounds, VOCs. Tetrachloroethene (TCE), VC, and 
1,2-dichloroethene (1,2-DCE) were the most widespread contaminants 
identified at this Site.
    Mechanisms for transport of organic compounds from the landfill 
included landfill gas emissions that elevate contaminants in the 
ambient air and soil gas. Gas emissions escaping through the landfill 
cover were measured at selected locations on the landfill using a 
stainless steel flux box. Elevated concentrations of PCE (up to 567 
parts per billion (ppb)) and VC (up to 129 ppb) were measured in the 
gas collected in the flux box samples. Soil gas concentrations measured 
at perimeter locations surrounding the landfill had generally high 
concentrations of VOCs, with concentrations up to 11,000 ppb VC and up 
to 3,000 ppb PCE. Although maximum VOC concentrations detected in 
ambient air samples (0.09 ppb PCE, 0.48 ppb VC, and 0.64 ppb 1,2-DCE) 
were much lower than concentrations detected in the soil gas, levels 
still exceeded background ambient air concentrations.
    Precipitation entering the landfill through the cap generated 
leachate and provided an additional mechanism for contaminant 
migration. Leachate generated by the landfill was contaminated with 
organic and inorganic compounds. Once generated, leachate migrated from 
the landfill to the underdrain system, to the surface water as seeps 
via interflow, and to the groundwater. Surface water collected from the 
seeps and on the surrounding landfill indicated elevated concentrations 
of VC (19 micrograms per liter)([mu]g/L) and cis-1,2-DCE (54 [mu]g/L) 
likely to have been derived from landfill leachate. Elevated 
concentrations of PCE (214 [mu]g/L); 1,2-DCE (129 [mu]g/L); and VC 
(19.5 [mu]g/L) were detected in groundwater downgradient of the 
landfill.
    Two homes located downgradient of the landfill had relatively low 
levels of VOCs in their water supply wells (up to 80.8 [mu]g/L total 
VOCs.) These homes were equipped with whole-house point-of-use carbon 
filters to provide potable water by EPA in 1989, as described in 
additional detail in the following section.
    A diversity of ecological resources exists in the area surrounding 
the landfill. These resources include river, wetland, forest, and open 
field ecosystems that harbor abundant wildlife populations. Exposure of 
plants and wildlife to landfill contaminants appeared to be limited to 
seep areas and soil on the landfill perimeter, with some limited 
evidence of potential exposure to aquatic biota in areas downstream 
from the Site. For aquatic and terrestrial life residing on the 
landfill perimeter and having frequent contact with contaminant source 
areas, there was a potential risk of toxic effects of contamination.

[[Page 31829]]

Response Actions

    The remedial action objectives (RAOs) for the Site, as described in 
the Site decision documents, are to minimize migration of contaminants 
to ground and surface waters and to prevent direct contact with, or 
ingestion of, contaminants.
    EPA divided the cleanup of the Site into four operable units (OUs). 
EPA issued a series of Records of Decision (RODs) for the OUs, which 
selected the remedies necessary to protect human health and the 
environment from contaminants at the Site. The first ROD for OU1, dated 
June 29, 1989, addressed leachate releases into surface water and 
groundwater near the landfill. The selected remedy was to collect 
leachate and treat and dispose of it offsite, as well as provide point-
of-use carbon treatment for contaminated residential wells.
    However, the potentially responsible parties (PRPs) ceased 
performing work at the Site in July 1989. Because the PRPs ceased the 
offsite disposal of collected leachate, the selected remedy outlined in 
the June 1989 ROD was no longer considered adequate. The first 
Explanation of Significant Differences (ESD) was issued on January 3, 
1990 to change the method of leachate treatment to onsite treatment via 
air-stripping and discharge to Briar Run. The onsite treatment system 
was constructed from March 1990 through March 1991 and the Remedial 
Action for OU1 was approved on March 27, 1991.
    In 1989, EPA installed whole-house carbon filtration systems in two 
private residences down gradient of the Site. EPA monitored and 
maintained the systems until PADEP took over responsibility for 
Operation and Maintenance (O&M) for the Site in 2001. No Site-related 
contaminants have been detected at levels exceeding the Maximum 
Contaminant Levels (MCLs) in any wells prior to treatment since 1995. 
PADEP maintained the carbon units and monitored the groundwater from 
the residential wells pre-filter and post-filter until 2010 when 
maintenance and monitoring of the residential systems was discontinued 
based on the many years of sampling results not exceeding MCLs and the 
stability of the plume.
    The second ROD for OU2, dated June 28, 1991, addressed Site access 
and security. EPA installed a security fence with warning signs around 
the entire perimeter of the landfill from October through December 
1992. The Remedial Action for OU2 was approved on December 23, 1992.
    Pursuant to the ROD for OU3, dated March 31, 1992, EPA constructed 
a multi-layer cap over the landfill portion of the Site, a landfill 
subsurface leachate collection system, and a leachate treatment system, 
from August 1996 through September 1999. The Remedial Action for OU3 
was approved on September 29, 2000. The landfill was re-graded, 
creating less steep slopes, which conformed to the current landfill 
grading practices. All of the weeds, brush, and small trees, which had 
grown up on the landfill, were removed and an impermeable liner was 
placed over the entire landfill area. Approximately 600,000 cubic yards 
of earthen material was placed over the landfill as part of this 
reconstruction.
    The leachate treatment system actively treated all leachate from 
the landfill until 2010. Following the successful pilot test in 2009-
2010, the onsite wetland now serves as a passive treatment system for 
the leachate. The leachate, after being distributed via underground 
level spreaders in the up-gradient portions of the wetland, eventually 
discharges to Briar Run. A gas-flare system which collected and safely 
burned gases developed in the landfill has been operated since 1999. 
However, due to a decrease in the volume of gas generated by the 
landfill, operation of the flare has become difficult. PADEP requested 
and EPA evaluated a change to passive gas venting for the Site. This 
request was approved by EPA in April 2016.
    Finally, on September 27, 1999, EPA issued a ``No Action'' ROD for 
groundwater associated with the Site (OU4). This decision was based on 
groundwater data which demonstrated that Site-related contaminants were 
not migrating offsite from under the landfill cap.
    The Preliminary Close Out Report (PCOR), documenting construction 
completion at the Site, was issued on September 27, 1999. Under the 
terms of the Superfund State Contract (SSC), PADEP has maintained and 
operated the Site remedies since 2001. EPA issued the Final Close Out 
Report (FCOR) on March 18, 2019 to document that all response actions 
at the Site had been successfully completed in accordance with Close 
Out Procedures for National Priorities List Sites (OSWER Directive 
9320.2-22, May 2011).

Institutional Controls (ICs)

    ICs for the Site were developed as a result of recommendations in 
the 2010 Five-Year Review. The required ICs were selected via a second 
ESD dated September 4, 2012. The ICs selected for the Site include the 
following:
     Prohibit activities on the Site within or near the 
existing security fencing that would in any manner disturb or interfere 
with the remedial systems, including the landfill cap, gas vents, 
monitoring wells, leachate collection and conveyance system, and 
security measures that prevent access to the landfill. Such prohibited 
activities include, but are not limited to, digging in the landfill cap 
or tampering with the hardware associated with the gas vents, 
monitoring wells, leachate collection and conveyance systems, or the 
security fencing.
     Prohibit any use of landfill leachate unless approved by 
the EPA, in consultation with PADEP, to avoid exposure to contaminants 
in the leachate via ingestion, vapor inhalation or dermal contact.
     Prohibit installation of groundwater wells on the Site 
within the existing security fencing without notice and approval of the 
EPA, in consultation with PADEP, to avoid exposure to contaminants in 
groundwater via ingestion, inhalation, or dermal contact.
     Prohibit installation and pumping of new groundwater wells 
within one-quarter of a mile of the identified plume of the Site which 
may influence the Site hydrology without notice and approval of EPA, in 
consultation with PADEP, to avoid the migration of contaminants from 
under the cap and exposure to contaminants in groundwater via 
ingestion, inhalation, or dermal contact.
    The ICs have been implemented through an Environmental Covenant 
(EC) recorded by the landfill property owner with the Chester County 
Recorder of Deeds on December 27, 2013. The EC describes the following 
activity and use limitations the property owner shall abide by:
     Any and all activity on the Property that could in any 
manner disturb or interfere with the selected remedial systems, 
including the landfill cap, gas vents, monitoring wells, leachate 
collection and conveyance system, and security measures that prevent 
access to the landfill, is prohibited;
     Any and all contact, handling, or use of landfill leachate 
is prohibited without the prior written approval of the Agencies;
     The installation of groundwater wells on the property 
within the existing fencing is prohibited without the prior written 
approval of the Agencies; and
     The installation and pumping of new groundwater wells on 
the Property within one-quarter mile of the identified plume is 
prohibited without the prior written approval of the Agencies.

[[Page 31830]]

    In addition, the Natural Lands Trust, Inc. (NLT), a non-profit 
conservancy, accepted a conservation easement from the property owner 
for portions of the property to permanently protect natural features of 
the property including: Deciduous woodlands, steep slopes, a cold-water 
stream and breeding bird habitat, etc. in October 2014.
    Finally, via the 2012 ESD, EPA implemented ICs placing restrictions 
on installation and pumping of new groundwater wells within one-quarter 
of a mile of the identified plume through application of the Chester 
County Health Department (CCHD) regulations relating to installation of 
wells in the county. The CCHD regulations require a permit for any new 
supply wells prior to installation. The CCHD regulations also require 
sampling of any new well installed to demonstrate that it meets 
drinking water standards before permission from the CCHD is granted to 
use the new well for drinking purposes.

Cleanup Levels

    In a letter dated December 12, 2013, PADEP requested that EPA 
consider removing groundwater monitoring from PADEP's O&M obligations 
at the Site. EPA evaluated the request as a part of the 2015 Five-Year 
Review and determined that the frequency of sampling could be reduced 
from the biannual sampling requirement to a frequency of one sampling 
event per Five-Year Review cycle, to occur no later than the fourth 
year of the Five-Year Review cycle. Groundwater monitoring will 
continue to be performed by PADEP once every Five-Year Review cycle.
    The most recent sampling events occurred on April 2010 and March 
2014 as a part of the 2015 Five-Year Review. Onsite and perimeter wells 
were sampled at this time. The 1999 OU4 ROD selected No Action for 
groundwater, therefore, no groundwater cleanup levels exist for the 
Site. However, for the purposes of evaluating the groundwater 
monitoring results, detected contaminant concentrations were compared 
to MCLs for contaminants with MCLs or to PADEP Land Recycling Program 
(Act 2) SHS MSCs for a residential used aquifer for contaminants 
without MCLs. In reviewing all the historic data, including the two 
most recent sampling events, it was determined that were no exceedances 
of the MCLs or MSCs. This remains consistent with EPA's No Action 
determination for groundwater in the 1999 ROD and supports the 
determination that the other remedial actions are operating as 
intended.
    As indicated above, no Site-related contaminants have been detected 
in residential wells at concentrations exceeding the MCLs since 1995 
and sampling and O&M of the systems was discontinued in 2010. 
Additionally, because no Site-related contaminants have been detected 
in the landfill monitoring wells exceeding MCLs or MSCs, there is no 
potential for future impacts to residential wells from the Site.

Operation and Maintenance

    In accordance with the SSC, PADEP has been responsible for O&M of 
the remedy components at the Site since September 2011. The leachate 
collection and treatment system treated and discharged an approximate 
total of 6,153,000 gallons of leachate since PADEP assumed 
responsibility. As mentioned earlier, the mechanical leachate treatment 
system was deactivated in 2010, and the onsite wetland now serves as a 
passive treatment system for removal of the low concentrations of 
contaminants from the leachate.
    The leachate, after being distributed via underground level 
spreaders in the up-gradient portions of the wetland, eventually 
discharges to Briar Run. The National Pollutant Discharge Elimination 
System (NPDES) equivalent discharge criteria was modified by PADEP's 
water program on August 2, 2013 for leachate discharge to Briar Run 
through passive wetlands treatment system modifications. All NPDES 
equivalent discharge criteria have been attained since 2013 and no 
problems or issues have been identified with the passive treatment 
system to date.
    Groundwater monitoring as a component of O&M will continue to be 
performed by PADEP no later than the fourth year of every Five-Year 
Review cycle.
    During the most recent Five-Year Review period, in the spring, 
summer and fall months, the landfill cap was routinely mowed 
approximately 6-8 times per year. The landfill vegetative cover has 
maintained its integrity, with no major erosion issues. EPA has 
recommended that PADEP evaluate low maintenance caps planted with 
native vegetation to reduce or eliminate mowing and increase habitat 
for wildlife.

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. 
Statutory Five-Year Reviews have been conducted at the Site in 1994, 
1999, 2005, 2010 and 2015. The Protectiveness Statement in the 2015 
Fifth Five-Year Review was as follows: ``The remedies have been 
implemented at this Site and are protective of human health and the 
environment. Institutional controls were identified and selected in the 
September 4, 2012 Second ESD for the Site and are being implemented 
through an Environmental Covenant recorded December 27, 2013, and 
additionally, through Chester County Health Department regulations 
relating to well installation. These ICs will be used to prevent 
exposure to waste and contaminated groundwater and to preserve the 
integrity of the components of the remedies (cap, fence, leachate 
collection and treatment system, etc.). The Site operation and 
maintenance and sampling plans should be updated to reflect changes in 
site operations, maintenance and sampling plan that are not consistent 
with current Site conditions.''
    The only issue and recommendation from the 2015 Five-Year Review 
was to ``Update the O&M and Sampling Plan.'' This issue and 
recommendation were addressed in October 2016 when an updated O&M and 
Sampling Plan was submitted to and approved by EPA. Data collected 
since the 2015 Five-Year Review does not call into question any of the 
findings presented in that report.
    The next Five-Year Review for this Site is scheduled to be 
completed in April 2020 and every five years thereafter.

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 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 Daily Local News, a major local newspaper of 
general circulation. EPA is also providing a 30-day comment period and 
will respond to significant comments and significant data in

[[Page 31831]]

accordance with 40 CFR 300.425(e)(4)(iii)(iv).

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

    Construction completion for the Site was documented in the 
Preliminary Closeout Report (PCOR), dated September 27, 1999. Site 
completion was documented in the Final Closeout Report (FCOR), dated 
March 18, 2019. All RAOs, performance standards, and cleanup levels 
established in the 1989 OU1 ROD, 1990 ESD, 1991 OU2 ROD, 1992 OU3 ROD, 
1999 OU4 ROD, and the 2012 ESD have been achieved at the Site, and the 
Selected Remedy is protective of human health and the environment. ICs 
are in place and effective. 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 
of Pennsylvania through the PADEP, has determined that all appropriate 
response actions under CERCLA have been completed. Therefore, EPA is 
issuing this Notice of Intent to Delete 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 20, 2019.
Cosmo Servidio,
Regional Administrator, EPA Region III.
[FR Doc. 2019-14251 Filed 7-2-19; 8:45 am]
BILLING CODE 6560-50-P


