PB96-963130
EPA/ESD/R01-96/127
May 1997
EPA Superfund
Explanation of Significant Difference
for the Record of Decision:
Landfill and Resource Recovery Inc.,
(L&RR), North Smithfield, RI
9/16/1996
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540R97511
DECLARATION FOR THE
EXPLANATION OF SIGNIFICANT DIFFERENCES
SITE NAME AND LOCATION
Landfill and Resource Recovery Site
North Smithfield, Rhode Island
STATEMENT OF PURPOSE
This decision document sets forth the basis for the determination to issue the attached
Explanation of Significant Differences (BSD) for the Landfill and Resource Recovery Site (the
Site) in North Smithfield, Rhode Island.
STATUTORY BASIS FOR ISSUANCE OF ESP
Section 117(c) of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), requires that, if any remedial or enforcement action is taken under Section 106 of
CERCLA after adoption of a final remedial action plan, and if such action differs in any
significant respects from the final plan (i.e., in scope, performance or cost), the United States
Environmental Protection Agency (EPA) shall publish an explanation of the significant
differences and the reasons why such changes were made. EPA guidance (OSWER Directive
9355.3-02) further provides that issuance of an ESD is appropriate where the Agency determines
the need for changes to the Record of Decision (the ROD) which are significant but which do not
fundamentally alter the overall remedy. In this present case, because the required adjustments to
the ROD do not fundamentally alter the selected remedy for the Site, mis ESD is being issued
properly.
In accordance with Section 117(d) of CERCLA, this ESD will become part of the Administrative
Record which is available for public review at both the EPA New England Record Center in
Boston, Massachusetts, and the North Smithfield Municipal Annex Building in North Smithfield,
Rhode Island.
OVERVIEW OF ESD
On September 29, '1988, EPA issued a final remedial action plan in the form of a ROD for the
Site. At the time the ROD was written, EPA had identified air emissions from the landfill as the
principal risk at the Site. To address this risk, the ROD called for a comprehensive remedy
including upgrading the landfill closure, construction and operation of a gas collection and
thermal destruction treatment system, remediation of wetlands near the Site and Site monitoring.
On March 8,1991, EPA issued an ESD to remove requirement for the wetlands remediation.
Since then, the landfill closure and an enclosed flare system have been designed and constructed.
Operation, maintenance and monitoring activities are currently on-going at the Site. ,
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More recently, EPA has re-evaluated information in the Administrative Record supporting the
issuance of the ROD and has determined that a clarification to the remedy described in the ROD
is necessary. Specifically, EPA has determined that the groundwater standards referenced in the
ROD are to be used to evaluate and monitor the integrity and performance of the landfill closure
and are not, by themselves, cleanup or performance standards for groundwater. This is
consistent with the determination by EPA that the risk from the Site emanated from air emissions
from the landfill and not from groundwater. EPA is reserving its rights to address groundwater
at a later point in time should it be determined that the groundwater presents a risk to human
health or the environment.
This ESD is being issued to clarify the remedy set forth in the ROD, as modified by the March 8,
1991 ESD.
DECLARATION
/
For the foregoing reasons, by my signature below, I approve the issuance of an Explanation of
Significant Differences for the Landfill and Resource Recovery Site in North Smithfield, Rhode
Island, and the changes stated therein.
'/Ui
Lind
Date Linda M. Murphy, Directot A
Office of Site Remediation andllestoration
U.S. Environmental Protection Agency
Region 1, EPA-NEW ENGLAND
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EXPLANATION OF SIGNIFICANT DIFFERENCES
LANDFILL AND RESOURCE RECOVERY SITE
NORTH SMITHFIELD, RHODE ISLAND
INTRODUCTION
A. Site Name and Location
Site Name: Landfill and Resource Recovery Site
*
Site Location: North Smithfield, Providence County, Rhode Island
B. Lead and Support Agencies
Lead Agency: United States Environmental Protection Agency
Support Agency: Rhode Island Department of Environmental Protection
C. Legal Authority
Section 117© of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), requires that, if any remedial or enforcement action is taken
under Section 106 of CERCLA after adoption of a final remedial action plan, and if such
action differs in any significant respects from the final plan (i.e. scope, performance or
cost), the United States Environmental Protection Agency (EPA) shall publish an
explanation of the significant differences and the reasons such changes were made. On
September 29,1988rEPA issued a final remedial action plan in the form of a Record of
Decision (the ROD) for the Landfill and Resource Recovery Site (the Site). The ROD
called for a comprehensive remedy including upgrading the landfill closure, construction
and operation of a gas collection and thermal destruction treatment system, remediation
of wetlands near the Site and Site monitoring. On March 8,1991, EPA issued an
Explanation of Significant Differences (BSD) to remove requirement for the wetlands
remediation. More recently, EPA has re-evaluated information in the Administrative
Record supporting the issuance of the ROD and has determined that a clarification to the
remedy described in the ROD is necessary. Accordingly, this second Explanation of
Significant Differences (ESD) is being issued.
In accordance with Section 117(d) of CERCLA, mis ESD will become part of the
Administrative Record which is available for public review at both the EPA Region 1
Record Center in Boston, Massachusetts, and the North Smithfield Municipal Annex
Building in North Smithfield, Rhode Island,
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H. SUMMARY OF SITE HISTORY, CONTAMINATION PROBLEMS AND
SELECTED REMEDY
A. Site History and Contamination Problems
The Site consists of an inactive landfill in the Town of North Smithfield, Rhode Island.
In 1969, the landfill and adjacent areas were purchased by Landfill, Inc., which began
operation as a solid waste disposal area. The landfill and adjacent areas were sold to
Landfill and Resource Recovery, Inc., (L&RR, Inc.) in 1974, which developed it into a
facility accepting commercial, domestic and industrial waste. L&RR, Inc. is the current
owner of the Site. The Site is located on Oxford Turnpike, northwest of Pound Hill Road.
Beginning in March 1978, the Rhode Island Department of Environmental Management
(RJDEM) required L&RR, Inc., to manifest hazardous industrial waste, as defined by
state law, entering the landfill. Approximately 707,755 gallons of waste were manifested
for disposal at the landfill between March 1978 and September 1979: The manifested
waste included hazardous substances in liquid, solid and sludge form, both drummed and
in bulk. In September 1979, RIDEM ordered L&RR, Inc., to cease accepting hazardous
industrial wastes. Based on documents available hi addition to the RIDEM manifests,
EPA has estimated that more than two million gallons of waste, which include hazardous
substances, was accepted for disposal at the landfill between March 1978 and September
1979.
In June 1983, L&RR, Inc. and RIDEM signed a Consent Order and Agreement that
required L&RR, Inc. to perform certain landfill closure activities. The state court issued
an order (the 1983 Court Order) approving the agreement between L&RR, Inc., and
RIDEM for closure of the landfill. L&RR, Inc., commenced closure activities pursuant to
the 1983 Court Order and landfilling ceased in January 1985. Certain of the closure
activities included grading and covering approximately 80 percent of the landfill with a
synthetic cover.
During 1985 and 1986, GCA Corporation, under contract to EPA, observed the landfill
closure activities and evaluated whether such activities complied with the Resource
Conservation and Recovery Act (RCRA) Subtitle C regulations. Based upon GCA's
report EPA determined that the landfill closure failed to meet the requirements of the
RCRA Subtitle C regulations, including, but not limited to, failing to minimize erosion,
failing to minimize infiltration and failing to function with minimum maintenance. In
June 1988, an EPA Remedial Investigation (RI) and Feasibility Study (FS) was
completed for the Site. The site characterization performed as part of the RI evaluated
potential contamination in air, groundwater, subsurface soils, surface water the Site.
Health risks associated with contamination at the Site were evaluated for inhalation of
gaseous emissions from the landfill, exposure to groundwater and exposure to surface
water and sediment. Elevated levels of volatile organic compounds, deemed unsafe by
EPA, were detected in emissions from landfill vents and in fugitive emissions from the
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landfill. Significant erosion and maintenance problems, especially with the uncapped
portion of the Site were also detected. Significantly, at the time the Site was evaluated,
EPA determined there was no health risk presented by the groundwater at the Site.
On September 29,1988, following the publication of EPA's proposed plan and the close
of the public comment period on the plan, EPA issued a ROD which described the
selected remedy to be implemented at the Site. This ROD was later modified by an ESD,
issued on March 8,1991.
On February 26,1990, EPA mailed special notice letters pursuant to Section 122(e) of
CERCLA to approximately one hundred (100) potentially responsible parties (PRPs) to
initiate negotiations and facilitate a settlement to implement the selected remedy. As the
resultant negotiations failed to produce a settlement, on June 29,1990, pursuant to
Sections 104(e) and 106(a) of CERCLA, EPA issued a Unilateral Administrative Order
(UAO) to an owner and operator of the facility and a number of generators and
transporters of hazardous substances for performance of response actions at the Site. This
UAO was modified on October 19,1990 and again on January 30,1992.
The remedy has been designed and constructed. Certain of the PRPs are currently
continuing operation, maintenance and monitoring activities. Negotiations are currently
ongoing with certain of the PRPs to resolve cost issues and the work remaining regarding
the ROD.
B. Summary of the Selected Remedy
The selected remedy for the Site, which is embodied in the ROD, as modified by the ESD
and as currently being implemented, consists of the following components:
a. Upgrading the Landfill closure by extending the steep side slopes in the
uncovered northeast area of the Landfill, installing a synthetic cover in this area;
(2) establishing a cover thickness of at least twenty-four (24) inches and
vegetation over the entire Landfill; (3) upgrading the surface water runoff
management system; (4) ensuring Site security by installing and maintaining a
fence around the entire Site; and (5) establishing institutional controls.
b. Collecting and treating the Landfill gas using a thermal destruction
technology so that volatile organic compound concentrations in ambient air are
reduced and risks to public health and the environment are minimized.
c. Post-closure inspection, operation and maintenance of the Landfill cap,
gas collection and treatment system, and other components of the remedy; long-
term monitoring of the groundwater, surface water, Landfill gas emissions and
migration, and ambient air to ensure that the remedy remains protective.
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ID. DESCRIPTION OF SIGNIFICANT DIFFERENCES
As part of the RI, EPA sampled and analyzed groundwater near the base of the landfill. No
significant levels of contaminants were found in groundwater at that time. As a result, the ROD
did not directly address groundwater. It did, however, require that the landfill be closed in a
manner that provides the maximum protection to groundwater by minimizing infiltration of
liquids through the landfill cover. As a result, the ROD required the landfill to be covered in
such a way so as to minimize the potential for groundwater contamination from the landfill. The
ROD also calls for the groundwater to be monitored on a periodic basis to insure that the selected
remedy remains protective of human health and the environment Additional groundwater
sampling has been conducted in 1995 and 1996 and the data is currently being evaluated.
Included in the ROD were a number of applicable or relevant and appropriate requirements
including maximum contaminant levels (MCLs) under the Safe Drinking Water Act At the time
the ROD was issued, EPA did not clearly specify the role of these regulations in the selected
remedy. Since the issuance of the ROD, EPA has re-evaluated information in the administrative
record supporting the issuance of the ROD, including the RI. This ESD is being issued to clarify
EPA's position that MCLs were included in the ROD to evaluate and monitor the integrity and
performance of the landfill closure and are not, by themselves, cleanup or performance standards
for groundwater. This interpretation is consistent with EPA's decision at the time of the ROD
not to actively address groundwater at the Site.
As discussed above, the ROD also calls for the groundwater to be monitored on a periodic basis.
The monitoring plan described in the ROD has been modified to some degree to ensure a more
cost-effective monitoring program based upon specific hydrologic conditions and the new
groundwater monitoring data. Data generated from this monitoring will be reviewed by EPA to
determine the effectiveness of the landfill closure. Should this data indicate a defect or
deterioration in the landfill closure, the landfill will be reexamined and corrective action will be
taken, if necessary, to minimize infiltration and the subsequent migration of contaminates from
the landfill. In addition, if particular wells consistently yield levels of chemicals above MCLs,
consideration will be given to expanding the monitoring program to ensure that the remedy
remains protective of human health and the environment. EPA has reserved its rights to address
groundwater in the future should information indicate that the groundwater presents an
unacceptable risk to human health or the environment. Finally, EPA has included surface water
sampling and monitoring in the monitoring plan for the Site. This has been included so that EPA
can more effectively evaluate the landfill closure at the Site.
IV. SUMMARY OF CHANGES
The ROD for the Site has been clarified by the ESD to make clear that MCLs are to be used to
evaluate and monitor the integrity and performance of the landfill closure and are not, by
themselves, cleanup or performance standards for groundwater. In addition, monitoring
requirements have been modified to reflect more recent data and a more cost effective approach
to monitoring.
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V. SUPPORT AGENCY COMMENTS
The State of Rhode Island has deferred concurrence on this ESD until resolution of an existing
State Court Order.
VL STATUTORY DETERMINATIONS
Considering the adjustment to the selected remedy set forth in the ROD, EPA believes that the
remedy remains protective of human health and the environment, complies with all 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 technologies to the maximum extent practicable for this site.
VH. PUBLIC PARTICIPATION
In accordance with Section 1 17(d) of CERCLA, this ESD will become part of the Administrative
Record which is available for public review at both the EPA Region 1 Record Center in Boston,
Massachusetts and the North Smithfield Municipal Annex Building in North Smithfield, Rhode
Island.
CONTACTS
For further information on this ESD or the L&RR Site please contact.
AnnaKrasko
Remedial Project Manager
U.S. Environmental Protection Agency
JFK Federal Building
Boston, MA 02203
(617)573-5749
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In addition, the State of Rhode Island can also be contacted for additional information regarding
the Site:
Greg Fine
Division of Site Remediation
Rhode Island Department of Environmental Management
235 Promenade Street
Providence, RI 02908-5767
(401)277-3872
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