Removal of a Site from the Pennsylvania Priority List of Hazardous Sites for Remedial Response
1. Purpose
The Department of Environmental Protection (Department) is removing the F.E. Cooper Lumber Company Site (Site) from the Pennsylvania Priority List of Hazardous Sites for Remedial Response (PAPL). The Site is located in Broad Top Township, Bedford County. The Department has completed a remedial response at the Site and has determined that the actions taken are adequate to protect human health and the environment.
2. Background
The Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1305) was enacted in 1988 to provide for the cleanup of Pennsylvania sites that are releasing or threatening the release of hazardous substances. Section 502(a) of HSCA requires that the Department publish in the Pennsylvania Bulletin a priority list of sites with releases or threatened releases for the purpose of taking remedial response. This list is the PAPL.
3. Placement of Sites on the List
The Department places sites on the PAPL when the Department has determined through investigation that there are releases or threatened releases of hazardous substances, or releases or substantial threatened releases of contaminants which present a substantial danger to the public health, safety or the environment. In accordance with the requirements of section 502(a) of HSCA, the Hazard Ranking System (HRS; 40 CFR Part 300, Appendix A), established under the Federal Superfund Act is utilized to rank the sites for placement on the PAPL. The HRS uses mathematical formulas that reflect the relative importance and interrelationships of the various human health and environmental factors to arrive at a final score on a scale of 0 to 100. The values are assigned using information obtained from site investigations. Section 502(a) of HSCA also directs the Department to consider its administrative, enforcement and financial capabilities when placing sites on the PAPL.
Placement of a site on the PAPL is used to identify sites which require a remedial response to address threats to the public health, safety or the environment. The Department will decide on a case-by-case basis whether to take enforcement or other actions under HSCA or other authorities, or to proceed directly with HSCA-funded remedial response actions and seek cost recovery after the cleanup. Remedial response actions will not necessarily be taken in the same order as a site's ranking on the PAPL. The investigation conducted to place a site on the PAPL may not be sufficient to determine either the extent of contamination or the appropriate response actions for a site. The Department may undertake further investigations to determine appropriate response actions. The length of time needed to complete these studies will vary due to the complexity of a site. The Department may decide not to immediately proceed with a HSCA remedial action or that no remedial action is necessary.
4. Removal of Sites from the List
Sites are removed from the PAPL in accordance with the requirements of section 502(d) of HSCA. Section 502(d) requires that sites shall be removed from the list upon determination by the Department that the remedial response has been initiated. In cases where a responsible person will be conducting the remedial response under the terms of a settlement with the Department, section 502(d) of HSCA states that the site ''shall be removed upon the determination by the Department that the responsible person has complied with the terms of the settlement and has initiated a cleanup.''
5. Statutory Authority
The Pennsylvania Priority List of Hazardous Sites for Remedial Response is published under the authority of section 502(a) of the HSCA. Under section 502(b) of HSCA, a decision to place a site on the list or to remove a site from the list is not a final action subject to review under the act of April 28, 1978 (P. L. 202, No. 53), 2 Pa.C.S. (relating to admistrative law and procedure) or the Environmental Hearing Board Act (35 P. S. §§ 7511—7516), nor shall it confer a right or duty upon the Department or any person.
6. Review and Public Comment
HSCA provides for a 30-day public comment period subsequent to publication of the PAPL. Comments concerning the removal of the F.E. Cooper Lumber Company Site from the PAPL should be directed to Arthur L. Dalla Piazza, Hazardous Sites Cleanup Program, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110, or adallapiaz@state.pa.us. Comments received by facsimile will not be accepted. Public comments must be received by the Department by July 19, 2010.
The regional office Site file contains the information considered by the Department in removing the F.E. Cooper Lumber Company Site from the PAPL. Persons interested in reviewing the Site file should contact the Southcentral Regional Office at (717) 705-4700. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
All written comments and the Department's responses will be placed into the Site file and will later be incorporated into the Administrative Record.
7. Contents of List
Table 1 lists the sites remaining on the PAPL. The names of the sites, HRS scores, municipalities, counties and the Department regions are included in this table. The sites are listed in decreasing order of HRS score.
8. Site Summary
The F.E. Cooper Lumber Company Site is located 2 miles south southwest of Hopewell Borough along Plank Road in Broad Top Township, Bedford County. A 10-acre contaminated area was part of an approximately 81 acre property adjacent to the Raystown Branch of the Juniata River, which forms the western and northern boundaries of the Site. The eastern and southern boundaries are formed by land owned by the Pennsylvania State Game Commission. The Site was used as a saw mill and wood preserving facility. Creosote releases occurred from the pressure treatment of wood products with a waste trough and lagoon as the main sources of contamination. The contaminants of concern at the Site included semivolatile organic compounds, principally benzo(a)pyrene and naphthalene, the chemicals associated with creosote. Site soil down into the bedrock was impacted with creosote migrating near or along the top of the bedrock surface in the overburden system and within the shallow bedrock fracture system to the river. The Site received an HRS score of 33.62 and was placed on the PAPL on May 4, 1991. The Department initiated a remedial response action at the Site in October 1998. The response action to address the contaminated soil involved the excavation, separation, and onsite treatment of approximately 84,000 tons of creosote-contaminated soil using low temperature thermal desorption. Excavation was performed to the top of bedrock, and the mostly fractured bedrock was cleaned of visible creosote contamination. In addition, approximately 662 tons of hazardous debris and 528 tons of non-hazardous debris were removed from the Site. The project also included access road installation, building demolition, clearing and grubbing, treatment of any water generated during construction, river shoreline stone revetment installation, and disturbed area revegetation. The remediation project was completed in June 2003.
As reimbursement for response costs, the property owner, R. F. Cooper, transferred ownership of the property to the Southern Alleghenies Conservancy (SAC) while cleanup was proceeding. SAC transferred ownership of the property to Broad Top Township for use as a public recreation area. At that time, use restrictions on groundwater and access to the river in the remediation area of the Site were placed on the property deed.
Further investigation has determined that the response actions implemented at the Site are adequate to protect human health and the environment. Surface wastes have been removed from the Site and soil has been treated to residential cleanup standards. While creosote contamination remains in the groundwater underlying the Site, the existing groundwater use restriction will prevent exposure to the contaminated groundwater. Groundwater at the Site does not contribute contamination to the Raystown Branch of the Juniata River and sediments do not pose an unacceptable risk to recreational users of the Site. The land use restriction regarding access to the river is no longer needed to protect human health and may be removed. Continuing operation, maintenance and monitoring actions are not required.
Pennsylvania Priority List for Remedial Response
DEP Region
Dupont/New Castle 54.75 New Castle Lawrence Northwest
Intercourse TCE 50 Leacock Township Lancaster Southcentral
Tomstown TCE 50 Quincy Township Franklin Southcentral
Chem Fab HSCA Site 39 Doylestown Borough and Township Bucks Southeast
Gettysburg Foundry 38.20 Cumberland Township Adams Southcentral
Bear Creek Area Chemical 28.46 Fairview, Parker, Concord Township, Petrolia, Fairview, Karns City, Bruin Borough, Butler County; Perry Township, Armstrong County Butler, Armstrong Northwest
Schiller 24.65 Richmond Township Crawford Northwest
Municipal and
Industrial Disposal 19.58 Elizabeth Township Allegheny Southwest
JOHN HANGER,
[Pa.B. Doc. No. 10-1125. Filed for public inspection June 18, 2010, 9:00 a.m.]