PB97-963109
                                 EPA/541/R-97/015
                                 November 1997
EPA  Superfund
       Explanation of Significant Difference
       for the Record of Decision:
       Tonolli Corp.,
       Nesquehoning, PA
       1/7/1997

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                                                                     JflN  0 7  1997
      SECOND EXPLANATION OF SIGNIFICANT DIFFERENCES
                  TONOLLI CORPORATION SUPERFUND SITE
                       NESQUEHONING, PENNSYLVANIA

A.     Introduction

The Environmental Protection Agency, Region HI (EPA) is issuing this Second Explanation of
Significant Differences (ESD), pursuant to its authority in Section 117(c) of the Comprehensive
Environmental Response, Compensation and Liability Act of  1980, as amended (CERCLA), 42
U.S.C. § 9617(c), and the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), 40 C.F.R. § 300.435(c)(2)(i), for the September 30,  1992, Record of Decision (ROD) (no.
189, Section III, in the Administrative  Record  Index for  the Site)  issued  for the Tonolli
Corporation Superfund Site (Site) in Nesquehoning, Pennsylvania.  EPA is the lead agency for
the Site and the Pennsylvania Department of Environmental Protection (PADEP) is the support
agency. EPA has determined that this change does not fundamentally alter the remedy selected
in the ROD with respect to scope, performance, or cost.

The Coi.jnonwealth of Pennsylvania does not concur with the issuance of this ESD as described
in Section E below.
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B.     Summary of Site History. Contamination Problems, and Selected Remedy

For a summary of site history  and contamination problems, see Sections II (page 1) and IV
(page 8) of the ROD.  For a description of the remedy as  set forth in the ROD, see Section IX
(page 63). The first ESD was issued February 17,  1995 (1995 ESD ).  The 1995 ESD addressed
the Technical Issues  Appendix  attached to the  RD/RA Consent Decree and whether the
Pennsylvania hazardous and  residual waste  regulations  were Applicable or  Relevant and
Appropriate Requirements ("ARAR")  under Section 121(d) of CERCLA, 42 U.S.C. § 962 l(d).
The major concern addressed in the 1995 ESD was the condition of the onsite landfill and the
design criteria required to meet the Pennsylvania Hazardous Waste Regulations for landfills.

C.     Significant Differences;  Rationale

The 1995 ESD recognizes 25 PA Code § 264.302(b) as an ARAR to the response actions at the
onsite landfilL

This ARAR requires that "a minimum distance of 4 feet shall be maintained between the top of
the subbase [of the landfill] and any seasonal high water table without the use of any artificial
or manmade groundwater drainage or dewatering systems" and that the "distance between the top
of the subbase and the regional groundwater table shall be a minimum of 8 feet".  The 1995 ESD
also required further data collection to determine if the ARAR was being achieved or if the need
to evaluate an artificial system existed.  If after data collection it was apparent that the ARAR
was not met, the 1995 ESD provided for a waiver thereof based upon an achievement of an

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 equivalent standard of performance.   Specifically, the 1995 ESD stated the following:

        " • If EPA determines during remedial design that the minimum distance set forth
        in the groundwater isolation distance requirement regulation is not present at the
        landfill, the ROD is hereby clarified  to require that a manmade  groundwater
        drainage or dewatering system be evaluated to determine if an artificial system can
        be installed to ensure  that  the  landfill waste is not in direct contact  with the
        groundwater during any part of the hydrogeologic cycle. "

 The Tonolli  Site  Technical  Committee,  through their consultant, Advanced  GeoServices
 Corporation, has submitted a Technical Memorandum (October 1996) which presents the findings
 of the data collection required by the 1995 ESD.  The data shows that the minimum 4 feet
 ground water isolation distance is not achieved during all seasons. However, the data also show
 that the  groundwater did not contact   the  liner during the remedial design investigation.
 Therefore,  EPA believes an equivalent  standard of performance to that  required by the
 groundwater isolation distance regulation presently exists and has determined that an evaluation
 of a manmade groundwater drainage or dewatering system is unnecessary. Additionally, in order
 to ensure landfill stability and groundwater protectiveness, the groundwater elevation will again
 be considered in the final design of the landfill closure.  Post remedial groundwater monitoring
 will be conducted and if at any time it becomes apparent that the groundwater quality is being'
 adversely impacted by the landfill, additional remedial action may be required.

 D.     Affirmation of Statutory Determinations

 Considering the new information that has been developed and the changes that have been made
 to the selected remedy,  EPA  believes that the remedy, as modified  by this ESD, remains
 protective of human health and the environment, complies with Federal and State requirements
 that are applicable or relevant and appropriate to this remedial action, and is cost-effective. In
 addition, the revised remedy utilizes permanent solutions and alternative treatment (or resource
 recovery) technologies to the maximum extent practicable for this Site.

 E.     Support Agency Comments

 Nothing in this ESD shall be deemed to waive or nullify any rights that the Commonwealth of
 Pennsylvania may have under Section 121(e)(2) and (f)(2) of CERCLA,  42 U.S.C. § 9621(e)(2)
 and (f)(2).  EPA acknowledges that the Commonwealth of Pennsylvania has whatever rights are
 provided for by Section 121(e)(2) and (f)(2) of CERCLA, 42 U.S.C. § 9621(e)(2) and (f)(2).  The
 Commonwealth  of Pennsylvania does not  concur with  the  issuance of  this ESD.    The
 Commonwealth disagrees with EPA's conclusion that an equivalent standard of performance to
. that required by 25 Pa. Code § 264.302(b), as described above, has been met for purposes of
 waiver  of that  ARAR  under  42 U.S.C.  § 9621(d)(4)(D).    However, at this point, the
 Commonwealth believes the remedy as a whole, as set forth  in the ROD and the 1995 ESD, will
 upon full implementation nonetheless  be  protective  of human health and  the  environment,
 specifically  in consideration of the remedial provisions calling for dewatering, closure, and
 maintenance of the landfill, ongoing leachate removal,  installation of a downgradient vertical
 chemical barrier with possible gradient controls and routine groundwater monitoring.

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F.     Public Participation Activities

This ESD becomes part of the administrative record file for this Site and the record is available
for review at the two locations identified below:

                                Nesquehoning Borough
                              427 West Catawissa Street
                          Nesquehoning, Pennsylvania 18240
                                   (717) 669-9588
                             Hours: 8:00 a.m. to 4:00 p.m.
                                Monday through Friday
                         United States Environmental Protection
                                  Agency, Region in
                                841  Chestnut Building
                           Philadelphia, Pennsylvania 19107
                                   (215) 566-3157
                             Hours: 8:30 a.m. to 5:00 p.m.
                                Monday through Friday
Date                                          Thomas C.
                                              Hazardous Waste Management Division

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