[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18066-18072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7775]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9288-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Norwood PCBs Superfund Site
AGENCY: Environmental Protection Agency.
[[Page 18067]]
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 1 is
publishing a direct final Notice of Deletion of the Norwood PCBs
Superfund Site (Site), located in Norwood Massachusetts from the
National Priorities List (NPL). 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).
This direct final deletion is being published by EPA with the
concurrence of the Commonwealth of Massachusetts, through the
Massachusetts Department of Environmental Protection (MassDEP), because
EPA has determined that all appropriate response actions under CERCLA,
other than operation, maintenance, and five-year reviews have been
completed. However, this deletion does not preclude future actions
under CERCLA.
DATES: This direct final deletion is effective May 31, 2011 unless EPA
receives adverse comments by May 2, 2011. If adverse comment(s) are
received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
E-mail: [email protected].
Fax: 1-617-918-0327.
Mail: Daniel Keefe, U.S. EPA Remedial Project Manager, 5
Post Office Square (OSRR07-1), Boston, MA 02109-3912.
Hand delivery to the following address: Daniel Keefe, 5
Post Office Square (OSRR07-1), Boston, MA 02109. Such deliveries are
only accepted during the EPA's normal hours of operation (9 a.m. to 5
p.m.), and special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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 http://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 statue. 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 http://www.regulations.gov or in hard copy at either:
EPA Region 1 Record Center, 5 Post Office Square, Boston, MA 02109,
Phone: 1-617-918-1440, Hours: Mon-Fri 8 a.m. to 5 p.m.
Norwood Morrill Memorial Library, 33 Walpole Street, Norwood, MA,
Phone: 781-769-0200, Hours: Mon-Thurs 9 a.m. to 9 p.m.; Friday 10 a.m.
to 5 p.m.; Saturday 9 a.m. to 5 p.m.; Sunday 2 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Daniel Keefe, Remedial Project
Manager, U.S. Environmental Protection Agency Region 1; 5 Post Office
Square, Boston, MA 02109; Mailcode: OSRR07-01, or by phone at (617)
918-1327, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 1 is publishing this direct final Notice of Deletion for
the Norwood PCBs Superfund site (Site) thus removing the Site from the
National Priorities List (NPL). The NPL constitutes Appendix B of 40
CFR part 300, which is the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to
Section 105 of the Comprehensive Environmental Response, Compensation
and Liability Act (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 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.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective May 31, 2011 unless EPA receives
adverse comments by May 2, 2011. Along with this direct final Notice of
Deletion, EPA is co-publishing a Notice of Intent to Delete in the
``Proposed Rules'' section of the Federal Register. If adverse comments
are received within the 30-day public comment period on this deletion
action, EPA will publish a timely withdrawal of this direct final
Notice of Deletion before the effective date of the deletion, and the
deletion will not take effect. EPA will, as appropriate, prepare a
response to comments and continue with the deletion process on the
basis of the Notice of Intent to Delete and the comments already
received. There will be no additional opportunity to comment.
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 Norwood PCBs Superfund Site
and demonstrates how it meets the deletion criteria. Section V
discusses EPA's action to delete the Site from the NPL unless adverse
comments are received during the public comment period.
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
[[Page 18068]]
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
iii. 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 CERLA 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 Massachusetts prior to
developing this direct final Notice of Deletion and the Notice of
Intent to Delete co-published today in the ``Proposed Rules'' section
of the Federal Register.
(2) EPA has provided the Commonwealth thirty (30) working days for
review of this Notice and the parallel Notice of Intent to Delete prior
to their publication today, and the Commonwealth, through the MassDEP,
has concurred on the deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Norwood Record. The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
(4) 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.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
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 Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Norwood PCBs Superfund Site (CERCLIS No. MAD980670566) is
located in Norwood, Massachusetts, approximately 14 miles southwest of
the City of Boston. Land use consists predominately of industrial/
commercial properties and associated parking areas in an industrial/
commercial area. To the north, the Site is bordered by residential
properties, to the east by Route 1 and the Dean Street access road, to
the south by Dean Street, and to the west by residential properties.
The northern portion of the Site consists of a portion of Meadow Brook.
Contamination originated from disposal practices of the parties who
owned the property or operated businesses on the Site (the Facility).
The former on-site building was constructed in 1942 by Bendix Aviation
Corporation, which produced navigational control systems for the U.S.
Navy. In October 1947, the land was purchased by Tobe Deutschman
Corporation, which manufactured electrical equipment. The property was
purchased in 1956 by Cornell-Dubilier Electronics, Inc., which also
manufactured electrical equipment at the facility. In January 1960, the
property was owned by Maryvale Corporation, and was then purchased by
the Friedland brothers. The Friedland brothers leased the property to
Federal Pacific Electric Company, which held the lease on the property
until October 1979. During the period from 1960 to 1979, Federal
Pacific Electric Company operated a business at the Site, and sublet
portions of the facility to Cornell-Dubilier Electronics, Inc. and to
Arrow Hart Corporation, which also manufactured electrical equipment.
In 1979, the Site was subdivided. The northeastern portion of the Site,
approximately 9 acres, was purchased by Grant Gear Realty Trust, which
leased the facility to Grant Gear Works, Inc., to produce gears for
various industries. The southern and western portions of the Site,
approximately 16 acres, were purchased by Paul Birmingham, Paul
Reardon, and Jack Reardon who further subdivided the property into
seven lots and added a new private way (Kerry Place). On the east site
of the Site runs Meadow Brook through a property owned by the Town of
Norwood which contains a town sewer easement.
In 1983, MassDEP received a call from an abutting resident
reporting past industrial waste dumping and contamination in the then
vacant field of Kerry Place. As a result, an initial investigation was
conducted which confirmed the presence of PCBs. EPA contractors
assisted MassDEP with the collection of samples and based on these
findings, it was determined that an emergency removal was warranted.
EPA removed and disposed (off-site) 518 tons of contaminated soil.
During the removal, water samples taken from the storm drain system
behind the Grant Gear Building indicated low levels of PCBs. In October
1984, the Site was proposed for inclusion on the NPL (49 FR 40320) and
was formally added on June 10, 1986 (51 FR 21054).
Remedial Investigation and Feasibility Study (RI/FS)
The Remedial Investigations/Feasibility Study (RI/FS) was completed
in 1989. During the investigation the following media were evaluated:
air, surface soil, subsurface soil, dredge piles, Meadow Brook
sediments, surface water, groundwater, and the Grant Gear Building. The
highest concentration of PCBs in soil was in a former disposal area in
the western and northern portions of the Grant Gear property where up
to 26,000 parts per million (ppm) were identified. The estimated total
volume of contaminated soil in both saturated and unsaturated soil with
PCB concentrations greater than 10 ppm was 31,550 cubic yards (yd\3\).
Soils were also found to be contaminated, although to a lesser extent,
with VOCs, SVOCs and metals.
[[Page 18069]]
Contaminants released to Meadow Brook included PCBs, VOCs, and
metals. Within sediments, the primary transport mechanism for PCBs was
the movement of sediment to which the PCBs are attached. PCBs detected
in sediment ranged up to 1,100 ppm in Meadow Brook and up to 3,850 ppm
in former sediment dredge piles.
With regard to groundwater, contaminants include PCBs, VOCs and
SVOCs with the highest concentrations generally being detected west of
the former Grant Gear building. Groundwater contamination was detected
in both overburden and bedrock aquifers with trichloroethylene having
the highest concentration (1,800 parts per billion (ppb)) in overburden
and vinyl chloride in bedrock (110 ppb).
Selected Remedy
In September 1989, EPA issued a ROD for the Norwood PCBs site. The
Remedial Action Objectives outlined in the 1989 ROD to address
contaminated buildings, soils, sediments, and groundwater at the Site
are as follows:
To minimize the continued release of hazardous substances
to Meadow Brook.
To reduce risks to workers associated with direct contact
with PCB-contaminated surfaces.
To reduce risks to workers associated with inhalation of
airborne PCBs within the Grant Gear Building.
Reduce risks posed by direct contact with soil
contaminated with PCBs and P AHs.
Reduce risks posed by incidental ingestion of soils
contaminated with PCBs and PAHs.
Mitigate any future impacts of such remedial activities to
Meadow Brook and the surrounding wetland areas.
Minimize migration of VOCs to groundwater.
Reduce, within a reasonable time frame, risks to workers
posed by inhalation of airborne contaminants volatilized from
groundwater.
Reduce risks to human health and the environment from
current and future migration of contaminants in groundwater.
Major components of the 1989 remedy include:
Decontamination of surfaces of machinery, equipment, and
floors within the plant areas of the Grant Gear Building;
Excavation of approximately 34,000 cubic yards of PCB-
contaminated soils and sediments and treatment by solvent extraction;
Backfilling of soils and sediments to be covered with
asphalt or clean fill;
Construction and operation of a Groundwater Treatment
Plant (GWTP) to remediate groundwater;
Restoration of impacted wetlands;
Long-term monitoring; and
Institutional controls (ICs)
As a result of higher than anticipated solvent extraction costs and
logistical problems with its implementation, and in consideration of
the likely commercial/industrial reuse of the property, EPA issued a
ROD Amendment in May 1996. The ROD Amendment included the demolition of
the Grant Gear building, the excavation and consolidation of
contaminated soils and sediments on site, and the construction of a
permanent cap. Soil and sediment clean-up goals were further modified
as discussed in the Cleanup Goals section.
In accordance with EPA's 1996 Final Ground Water Use and Value
Determination Guidance, in May 2001, MassDEP submitted a ``low'' use
and value determination for the groundwater at and in the vicinity of
the Site. This determination was made based on the aquifer's
classification as a non-potential drinking water source area, as well
as the fact that nearby residential and commercial properties are
supplied by public, municipal drinking water sources.
As a result of MassDEP's ``low'' use and value determination, the
contaminant exposure pathways and exposure assumptions used for the ROD
were re-evaluated. Accordingly, supplemental risk assessment activities
were initiated in 2001 and were completed in 2004. As the result of
these assessments, revised groundwater clean-up levels, or risk-based
action levels (RBALs), were calculated. These were subsequently adopted
as groundwater Cleanup goals in a 2005 Explanation of Significant
Differences (ESD). Current groundwater clean-up goals are listed in the
Clean-up Goal section.
Response Actions
Remedial activities were completed in a single Operable Unit (OU);
however, the activities consisted of the following phases: Phase 1 was
completed by the EPA and consisted of groundwater treatment plant
construction and operation; Phase 2 was conducted by the Settling
Parties and consisted of building demolition; Phase 3 was conducted
jointly by the Settling Parties and EPA and consisted of the
construction of a cap and cover over consolidated contaminated soil and
sediments (Phase 3A--Settling Party-lead) and Meadow Brook Restoration
(Phase 3B--EPA lead).
For EPA-lead activities, such as the GWTP, the design criteria were
set forth in the final ``Plans and Specifications for the Groundwater
Remediation at the Norwood PCB Superfund Site'' prepared by Metcalf &
Eddy, Inc. on behalf of EPA in 1994. Meadow Brook Restoration Phase
(Phase 3b) was completed in accordance with a UASCE Statement of Work
(SOW), which included design details provided by the Town of Norwood as
part of its flood control/flood mitigation project. Design criteria for
the Settling Party-lead cleanup work (to address risks associated with
the former Grant Gear facility and its operations) were set forth in
the Statement of Work (SOW) which was part of a 1996 Consent Decree
with former owners and operators of the Facility (hereafter referred to
as the ``Facility CD'') as well as the Remedial Action Work Plans
submitted by the Settling Parties and approved by EPA consistent with
the SOW.
Sediment
The Settling Parties performed excavation of sediments in Meadow
Brook from April 1997 through July 1998. The Meadow Brook remediation
was divided into three sections referred to as Reach 1, 2, and 3. The
excavation of Reach 1 was completed with excavation limits determined
by the Town of Norwood as this section of the Brook was also targeted
for sediment removal as part of the Town's flood control/flood
mitigation project. Following the excavation of Reach 1 to grades
provided by the Town, an area of stained soils was evident at/below a
former drainage outfall pipe. Based on the analytical results showing
PCBs greater than 1 ppm, a limited removal of the stained sediment was
performed. In total, approximately 2,500 yd\3\ of material was
excavated from Reach 1including 85 yd\3\ of stained soil.
The excavation of Reaches 2 and 3 was performed in two phases--the
first consisted of sediment removal from the arched culvert section at
Dean Street, and the second consisted of sediment removal from the box
culvert section. Once clean-up levels (1 ppm in sediment) were
achieved, sediment removal activities were terminated. Approximately
2,300 yd\3\ of material was excavated from these reaches.
Soil
Soils with PCB concentrations exceeding the appropriate clean-up
levels were excavated from several on-property areas. In addition, a
trichlorobenzene (TCB)-contaminated soil area was identified west of
the former Grant Gear building; this was
[[Page 18070]]
also excavated. Approximately 5,900 yd\3\ of PCB-contaminated soil was
excavated from the North Cover Area and stockpiled for placement under
the cap/cover. Approximately 2,600 yd\3\ of PCB-contaminated soil was
excavated from the South Cover Area and stockpiled for placement under
the cap/cover.
With regard to off-property soils, several areas were identified
with PCB concentrations exceeding the appropriate clean-up levels.
During the remediation of Reach 1 of Meadow Brook, PCB-contaminated
soils were identified along the North Bank Wooded Area. Approximately
100 yd\3\ of soil was excavated and stockpiled for placement under the
cap/cover. In addition, PCB-contaminated soils were discovered along
the South Bank Wooded Area resulting in the excavation of approximately
780 yd\3\ of soil.
Beginning in 1997, the stockpiled soils were further consolidated
on-site. Materials with PCB concentrations exceeding the risk-based,
site-specific industrial/commercial clean-up levels (of 70 ppm) were
placed within the limits of the asphalt cap. Materials with PCB
concentrations below clean-up level of 70 ppm, but above 40 ppm, were
placed within the limits of the cover areas. During soil excavation and
consolidation, on-site underground storage tanks (USTs) were also
removed before the cap and cover were installed. After the PCB-
contaminated materials had been placed, the areas were prepared for the
installation of the cap and covers. Once the fill was placed to the
appropriate grade 12 inches below the final grade in capped and covered
areas, a non-woven geotextile filter fabric was laid across the areas.
Subsequently, an asphalt Cap or gravel cover was installed in the
appropriate areas.
Groundwater
The selected remedy for the management of groundwater migration
included the collection of groundwater using an extraction system
consisting shallow extraction wells and the construction of a GWTP
consisting of carbon adsorption, air stripping, precipitation, and
filtration. The GWTP was constructed in 1995 and deemed operational and
functional in February 1997.
The groundwater treatment system was operational until it was shut
down (at that time temporarily) in June of 2000. As a result of the
revised groundwater classification and ``low'' use and value ascribed
by MassDEP in 2001, groundwater cleanup goals were further modified in
an 2005 ESD. Subsequently, EPA determined that no further groundwater
clean-up was warranted as revised clean-up goals were being met. The
GWTP was dismantled in March 2008 just prior to property redevelopment.
Institutional Controls
As required by a Prospective Purchaser Agreement (PPA) entered in
1997 between the owner and the EPA, the Owner updated and recorded
(with the Norfolk County Registry of Deeds) updated ICs in the form of
a Grant of Environmental Restrictions and Easement (GERE). The GERE was
recorded in March 2008 and entered into Book No. 25628, Page No. 534.
The GERE restricts certain activities such as day care, residential
use, and groundwater withdrawal (among others) and permits other
activities, such as excavation, provided certain safety procedures are
followed and approvals obtained. Under the terms of a 1997 Consent
Decree (hereafter referred to as the ``Meadow Brook CD'') the Town of
Norwood also established ICs on the Meadow Brook parcel (recorded at
Book No. 26407, Page No. 129).
Cleanup Goals
The cleanup goals for PBCs in soil and sediment were modified as a
result the 1996 ROD Amendment (see table below):
----------------------------------------------------------------------------------------------------------------
Property 1989 ROD 1996 ROD-A
----------------------------------------------------------------------------------------------------------------
Grant Gear Property.................... 10 ppm............................. 40 ppm surface.
70 ppm subsurface.
Adjacent Commercial Property........... 25 ppm............................. 40 ppm surface.
70 ppm subsurface.
Soil between Grant Gear and Meadow 1 ppm.............................. 10 ppm surface.
Brook. 50 ppm subsurface.
Sediment............................... 1 ppm.............................. 1 ppm.
Residential Properties................. 1 ppm.............................. No action required.
----------------------------------------------------------------------------------------------------------------
Contaminated soil and sediment were excavated and consolidated on
property for placement within the cap or cover depending on the level
of contamination. Post-excavation sampling was conducted and described
in the remedial action Remediation Completion Report prepared by
consultants on behalf of the Settling Parties.
With regard to Groundwater, as described previously, the
Commonwealth of Massachusetts classified groundwater beneath and
adjacent to the site as ``Low'' use and value. A ``Low'' designation
indicates that it is not a future drinking water source. Accordingly,
change to the original GW cleanup goals (which were based on MCLs) were
documented in the 2005 ESD and are summarized below:
------------------------------------------------------------------------
Contaminant 1989 ROD 2005 ESD
------------------------------------------------------------------------
Trichloroethene............... 5 ppb.............. 108 ppb.
Tetrachloroethene............. 5 ppb.............. 37 ppb.
Vinyl Chloride................ 2 ppb.............. 310 ppb.
Total 1,2-dichloroethenes..... 175 ppb............ 3660 ppb.
1,2,4-trichlorobenzene........ 350 ppb............ 34 ppb.
1,4-dichlorobenzene........... 5 ppb.............. 4.6 ppb.
------------------------------------------------------------------------
EPA conducted quarterly groundwater monitoring from April 1996
until October 2002 which coincided with the period of GWTP operation
and shortly thereafter. Surface water samples were also periodically
collected from
[[Page 18071]]
Meadow Brook. Several years after plant shutdown (i.e. in 2005), EPA
completed a final comprehensive groundwater evaluation and the
resulting report documented no ROD-specified contaminants in
groundwater above their respective groundwater clean-up goals
established in the ESD. Having confirmed that all groundwater clean-up
goals were being met (approximately 5 years after GWTP shut down), it
was determined by USEPA and MassDEP that the GWTP was no longer
necessary.
Operation and Maintenance
As described previously, remedial activities were completed in 3
phases (the third phase consisting of both a Phase 3A and Phase 3B).
Phase 1--Groundwater Treatment Plant
Based on achieving revised groundwater clean-up goals modified in
the 2005 ESD, in 2006, EPA determined that the GWTP had reached the end
of its ``useful life'' for all uses relative to site response
activities. Accordingly, EPA proceeded to remove chemical processing
equipment from the GWTP and decommission extraction and monitoring
wells that were not part of the long-term monitoring. In a letter dated
April 5, 2007, EPA provided notice to the owner that, as per the PPA,
EPA had completed its decommissioning activities. Subsequently, on May
16, 2007, EPA received notice from the owner of his intention not to
reuse the GWTP building. A work plan for its dismantling was submitted
and approved in September 2007. The building was removed in the Spring
of 2008. No long-term O&M of the treatment plant is required. On-going
evaluation of groundwater is provided by groundwater samples collected
by the Settling Parties to the Facility CD as part of their on-going
O&M of the Cap and Covers (see Phase 3A below).
Phase 2--Building Demolition
The building demolition phase took place immediately prior to and
in connection with the relocation of soil and sediment, and the
construction of the cap and covers. Accordingly there is no O&M
associated with this RA.
Phase 3A--Cap and Covers
The O&M and Environmental Monitoring Plans (EMP) were approved in
November 2004. Consistent with these plans, the Settling Parties to the
Facility CD annually inspect the cap and covers. As a result of
redevelopment, certain cover areas have been replaced with a new type
of cover (referred to as ``foundation cover''). In addition, certain
monitoring wells selected for long-term monitoring have been re-
located. Accordingly, revised O&M and EMP plans were submitted in April
2010 and subsequently approved in January 2011.
Phase 3B--Meadow Brook Restoration
At the completion of this restoration, and in light of design
details provided by the Town of Norwood to insure consistency with
other flood mitigation projects, an Operation Manual was provided to
the Town of Norwood in 2000. The Operation Manual described recommended
procedures and inspections to ensure that the completed project
continues to function as designed and that the flood control
infrastructure remains in place to prevent the release of any
subsurface contamination.
Institutional Controls
EPA and the State will periodically (not less than annually)
inspect the property to insure that usage has not deviated from those
allowed by the ICs. Under the GERE recorded on the Facility property,
the landowner is obligated to follow procedures to ensure that Site
redevelopment does not damage components of the remedy. On the Meadow
Brook property, the Town is obligated under the terms of the Meadow
Brook CD to ensure that no release of subsurface contamination occurs
either in its maintenance of flood control structures or its sewer
easement through the area. The status and protectiveness of these IC
will be summarized in successive five year reviews.
Redevelopment
In 1997, the 9-acre Grant Gear property was sold and the new owner
obtained a PPA from EPA which required the owner to guarantee continued
site access, dismantle the Groundwater Treatment Plant (GWTP) building
(when it had reached the end of its ``useful life''), as well as record
updated Institutional Controls. Subsequently (early 2000s), the owner
entered a 99-year ground lease with a commercial/retail developer. In
2003, the developer proposed a large (> 150,000 square feet)
redevelopment; however, this would have been situated predominantly
over the remedial cap and would have required excavation into
contaminated soil. Based on local concerns associated with disturbing
the capped area, traffic, and other local land use issues, this
redevelopment was not approved by the Town.
Thus, in 2007, a different commercial/retail developer proposed
modifications to the original redevelopment plan including the
construction of buildings around the footprint of the capped portion of
the site. This reuse would ensure that none of the highest-contaminated
material would be exposed. The revised work plan for redevelopment
(WPR) was approved by EPA and MassDEP in March 2008, after which the
developer received the necessary Town approvals. Construction ensued in
May 2008 and was substantially complete in October 2008.
As a precaution and to ensure against the accumulation of vapors
from groundwater to indoor air, a passive vapor mitigation system was
required and installed in each of the commercial building. As required
in the WPR, post construction and prior to occupancy, sub-slab air
samples were collected and analyzed and a risk assessment completed.
Based on this analysis, the risks were found to be acceptable (i.e.,
less than 1 x 10-\6\) for a future commercial worker.
Moreover, based on local zoning as well as restriction recorded against
the property (described further below), residential use is prohibited.
In the future, as necessary and pending future monitoring results, the
sub-slab ventilation systems can be made to be actively vented with the
addition of blowers or vacuum pumps.
Presently, two buildings totaling 56,000 square feet of commercial/
retail space are situated on the Norwood PCBs site. The cap, under
which is located the highest concentrations of PCBs, serves as a
central parking lot for the development. To date, the development is
not occupied.
Five-Year Review
Since hazardous substances will remain on the site above levels
allowing for unlimited use and unrestricted exposure, statutory five
year reviews have been conducted by EPA pursuant to CERCLA Section 121
C as provided in OSWER Directive 9355.7-03B-P, Comprehensive Five-Year
Review Guidance.
The First Five-Year Review, dated 30 December 1999, concluded that
the remedy was protective and recommended that, in light of the State's
reclassification of groundwater, a risk assessment be competed. Upon
attaining revised risk-based clean-up levels, groundwater treatment was
no longer required, but monitoring was continued to verify that revised
groundwater standards would continue to be met.
The Second Five-Year Review, dated 29 December 2004, concluded that
the remedy was short-term protective of human health and the
environment based on continued compliance with
[[Page 18072]]
new clean-up goals. In addition, O&M plans were submitted for both the
Facility and Meadow Brook properties. The 2004 review also concluded
that in order for the remedy to remain protective in the long-term, the
following actions needed to be taken: 1. updated institutional controls
needed to be recorded, and 2. Operation and Maintenance (including
monitoring) needed to be conducted regularly [both of which have since
occurred].
The Third Five-Year Review, completed in December 2009, concluded
that the remedy at the Norwood PCBs Site continues to protect human
health and the environment through meeting groundwater clean-up goals,
the establishment of institutional controls, and the maintenance of
remedy infrastructure concurrently during redevelopment of the Site.
The 2009 Five Year Review also concluded that in order for the remedy
to remain protective, the Operation & Maintenance (O&M) Plan and
Environmental Monitoring Plan (EMP) must be updated to reflect changes
in site conditions as a result of the redevelopment. These have been
updated and approved (January 2011).
The Fourth Five-Year Review is due in December 2014.
Community Involvement
EPA community participation at the site has taken many forms. In
addition to statutorily-required meetings and public hearings
associated with the 1989 ROD and 1996 ROD Amendment, EPA has
participated in numerous other outreach activities. EPA conducted
public outreach during each of the three five-year reviews. EPA
prepared updated Fact Sheets in 2003, 2005, and 2007. The Fact Sheets
were distributed to mailing list recipients as well as hand-distributed
to all abutting residences and business owners. Extra copies of the
fact sheets have been made available to the public at the following
locations: the Norwood Public library and Norwood Town Hall.
In addition, EPA has attended numerous Public Meetings during the
site redevelopment approval process. All Community Involvement
activities required and in association with this proposed deletion have
been completed, including the publication of a notice in a local
newspaper of general circulation regarding this proposed deletion and
the availability of documents located in the Deletion Docket.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP specifies that EPA may delete a site from the NPL if ``all
appropriate responsible parties or other persons have implemented all
appropriate response actions required'' or ``all appropriate fund-
financed response under CERCLA has been implemented, and no further
response action by responsible parties is appropriate''. EPA, with the
concurrence of the Commonwealth of Massachusetts through the MassDEP by
a letter dated [Date], believes these criteria for deletion have been
satisfied. Therefore, EPA is proposing the deletion of the site from
the NPL. All of the completion requirements for the site have been met
as described in the Norwood PCBs Final Close Out Report (FCOR) dated
September 2009.
V. Deletion Action
The EPA, with concurrence of the Commonwealth of Massachusetts
through the MassDEP has determined that all appropriate response
actions under CERCLA, other than operation and maintenance, routine
monitoring, and five year reviews, have been completed. Therefore, EPA
is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective May 31, 2011 unless EPA receives adverse comments by May
2, 2011. If adverse comments are received within the 30-day public
comment period, EPA will publish a timely withdrawal of this direct
final notice of deletion before the effective date of the deletion, and
it will not take effect. EPA will prepare a response to comments and
continue with the deletion process on the basis of the notice of intent
to delete and the comments already received. There will be no
additional opportunity to comment.
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.
Dated: March 17, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300 [Amended]
0
2. Table 1 of Appendix B to part 300 is amended by removing ''Norwood
PCBs'', ``Norwood, MA''.
[FR Doc. 2011-7775 Filed 3-31-11; 8:45 am]
BILLING CODE 6560-50-P