Removal of Sites from the Pennsylvania Priority List of Hazardous Sites for Remedial Response
[45 Pa.B. 832]
[Saturday, February 14, 2015]
Baghurst Alley Site, Upper Salford Township, Montgomery County; and Chem Fab, Doylestown Borough and Doylestown Township, Bucks County
The Department of Environmental Protection (Department) is removing the Baghurst Alley Site and Chem Fab Site (Sites) from the Pennsylvania Priority List of Hazardous Sites for Remedial Response (PAPL). The United States Environmental Protection Agency (EPA) has placed both Sites on the Federal Superfund National Priority List and therefore the Sites need to be removed from the Pennsylvania Priority List under section 502(e)(1) of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. § 6020.502(e)(1)).
The HSCA was enacted in 1988 to provide for the cleanup of sites in this Commonwealth that are releasing or threatening the release of hazardous substances. Section 502(a) of the HSCA requires that the Department publish a priority list of sites with releases or threatened releases for the purpose of taking remedial response in the Pennsylvania Bulletin. This list is the PAPL.
Placement of Sites on the PAPL
The Department places sites on the PAPL when it 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. In accordance with the requirements of section 502(a) of the 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 the 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 the HSCA also directs the Department to consider its administrative, enforcement and financial capabilities when placing sites on the PAPL.
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 the HSCA or other legal 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 an HSCA remedial action or that no remedial action is necessary.
Removal of Sites from the PAPL
Sites are removed from the PAPL in accordance with the requirements section 502(e)(1) of the HSCA, which states ''[n]o site which has been placed upon the National Priority List established pursuant to the Federal Superfund Act shall be included on the priority list of sites published by the department.''
The PAPL is published under the authority of section 502(a) of the HSCA. According to section 502 of the 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 administrative 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.
Review and Public Comment
The HSCA provides for a 30-day public comment period subsequent to publication of the PAPL. This announcement opens a 30-day comment period for the Sites being removed. Interested persons may submit written comments by March 16, 2015. Written comments for the removal of the Baghurst Alley Site should submitted to Dustin Armstrong, Environmental Cleanup and Brownfields Program, Southeast Regional Office, 2 East Main Street, Norristown, PA 19401, email@example.com. Written comments for the removal of the Chem Fab Site should be submitted to Colin Wade, Environmental Cleanup and Brownfields Program, Southeast Regional Office, 2 East Main Street, Norristown, PA 19401, firstname.lastname@example.org.
The regional office site files contain all information considered by the Department in removing the Sites from the list. Persons interested in reviewing the Sites files should contact the Department's Southeast Regional office at (484) 250-5900. The regional office files are available for review by appointment only, from 8 a.m. to 4 p.m., Monday through Friday, excluding State holidays. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5084. Written comments and the Department's responses will be placed into the site file and will later be incorporated into the administrative record.
Contents of the PAPL
This notice removes two sites from the PAPL. Table 1 lists the sites being removed by this notice. Table 2 lists all sites remaining on the PAPL. The names of the sites, municipalities, counties and region are included in these tables.
Baghurst Alley Site, Upper Salford Township, Montgomery County—The Baghurst Alley Site is an area of groundwater contaminated by chlorinated solvents. The site is located in the vicinity of Hendricks Road, Old Church Roads and Baghurst Drive. The source area is within a 51.91-acre farm property, currently known as the Miller Farm, located at 1926 Hendricks Road. With the exception of the Miller Farm property owner, the Department has not identified any other potentially responsible parties. The Department addressed residential well contamination through an interim response action which provided for point-of-entry treatment (POET) systems at 17 wells serving 27 homes. In 2004, after detection of 1,4-dioxane, which is not effectively removed by the POET systems, the Department began providing bottled water to the residents with affected water supplies (in addition to continued maintenance of the POET systems). The Department studied options for permanently addressing the drinking water exposure pathway, but was unable to locate an acceptable water source due to limited water availability and presence of naturally occurring metals, including arsenic and lead, in groundwater.
The EPA initiated an evaluation of the Site in 2013, and proposed the Site for listing on the National Priorities List (NPL) in May 2014 as ''Baghurst Drive.'' The Site's NPL listing was finalized on September 18, 2014. According to section 502(e)(1) of the HSCA, no site listed on the NPL can be included on the PAPL. Therefore, the Site must be removed from the PAPL.
Chem Fab, Doylestown Borough and Doylestown Township, Bucks County—The Chem Fab Site is located at 300 North Broad Street, Doylestown Borough, Bucks County; it encompasses an approximately 1-acre parcel and an associated plume of contaminated groundwater, extending from the Site southwest into Doylestown Township. The 1-acre parcel is currently owned by 300 North Broad Street, Ltd., and is situated several blocks west of the Bucks County Courthouse in Doylestown Borough. The surrounding properties are light industrial, commercial and residential.
From 1965 to approximately 1986, Chem Fab, Inc., a subsidiary of Harvey Radio Company, Inc., operated an electroplating and metal etching facility at the Site. Wastes generated included ferric chloride, mineral spirits, chromic acid rinse water and sludge, chromic acid, sulfuric acid, trichloroethylene and tetrachloroethylene.
In 1990, the EPA connected residences and businesses that were impacted by the groundwater contamination to a public water supply. The EPA removed 117 drums of chemicals and 8,400 gallons of liquid waste from the site in 1994 and then placed it on the No Further Remedial Action Planned list. Subsequently, the Department conducted a site investigation in two phases and generated a Site Characterization Report in July 2000; a Phase II Site Characterization Report in November 2002; a Site Characterization Report Addendum in January 2003; and an Engineering Evaluation Report in May 2003. The Site was listed on the Pennsylvania Priorities List for remediation on December 31, 2003.
The Department's investigations identified several areas which have soil contamination above Statewide Health Standards. The areas of contamination are located on the 300 North Broad Street, Ltd. property and the adjacent Extra Space, Inc. property, formerly owned by Chem Fab, Inc. Contaminants in soils are impacting surface water. In addition, there is an extensive groundwater plume beneath both properties and other neighboring properties. The plume is migrating towards Doylestown Borough's Public Water Production Well No. 13. The primary contaminants of concern include trichloroethy- lene (TCE), tetrachloroethylene, their degradation products and chromium, mostly in hexavalent form. The groundwater in several monitoring wells at the Site is noticeably yellow due to extremely high concentrations of chromium. In October 2011 and January 2012, the EPA evaluated the indoor air quality of three office buildings at the Site, and found that one had an open pathway for exposure to TCE.
The EPA initiated an evaluation of the Site in 2007 and proposed it for listing on the NPL on September 19, 2007. The EPA finalized the listing on March 19, 2008. According to section 502(e)(1) of the HSCA, no site listed on the NPL can be included on the PAPL. Therefore, the Site must be removed from the PAPL.
For further information contact Stephan Sinding, Environmental Cleanup and Brownfields Program Manager, Ragesh Patel, Chief, Hazardous Sites Cleanup Program, Dustin Armstrong, Project Officer, or Colin Wade, Project Officer, Department of Environmental Protection, Southeast Regional Office, 2 East Main Street, Norristown, PA 19401, (610) 250-5900.
Table 1—Sites Being Removed by this Notice
Site HRS Municipality County DEP Region Baghurst Alley 50 Upper Salford Township Montgomery Southeast Chem Fab 39 Doylestown Borough and Township Bucks Southeast
Table 2—Sites Remaining on the PAPL
Site Municipality County DEP Region Bear Creek Area Chemical Fairview and Perry Township Butler, Armstrong Northwest Bishop Tube East Whiteland Township Chester Southeast Currie Landfill Millcreek Township Erie Northwest DuPont/Newcastle New Castle Township Lawrence Northwest F.E. Cooper Broad Top Township Bedford South Central Gettysburg Foundry Cumberland Township Adams South Central Intercourse TCE Leacock Township Lancaster South Central M&I Disposal Co. Elizabeth Township Allegheny Southwest Schiller Richmond Township Crawford Northwest Tomstown TCE Quincy Township Franklin South Central
[Pa.B. Doc. No. 15-272. Filed for public inspection February 13, 2015, 9:00 a.m.]
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