[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Proposed Rules]
[Pages 44454-44456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21009]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6420-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the Materials
Technology Laboratory--Watertown Arsenal Development Corporation parcel
and Commander's Quarters parcel (also known as Zones 1-4) from the
National Priorities List (NPL).
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SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces
its intent to delete the Watertown Arsenal Development Corporation
(WADC) parcel and the Commander's Quarters parcel (jointly known as
Zones 1-4) of the Materials Technology Laboratory (MTL) site from the
National Priorities List (NPL) and request public comment on this
action. Zones 1 through 4 of MTL include a portion of Operable Unit
(OU) No. 1 and OU No. 3. 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).
EPA bases its proposal to delete Zones 1 through 4 of OU No. 1 and
OU No. 3 on the determination by EPA and the Commonwealth of
Massachusetts, through the Department of Environmental Protection, that
all appropriate actions under CERCLA have been implemented. Moreover,
EPA and the Commonwealth have determined that remedial activities
conducted to date at OU No. 1 (Zones 1 through 4) and OU No. 3 have
been protective of human health, welfare and the environment.
Institutional controls, which have been established as part of the
remedy, will ensure continued protectiveness in the future.
Institutional controls are provided for in a Grant of Environmental
Restriction and Easement.
This partial deletion pertains only to Zones 1 through 4 of OU No.
1 and OU No. 3 of the MTL Site and does not include the River Park
portion of OU No. 1 or OU No. 2. The River Park Portion of OU No. 1 and
OU No. 2 will remain on the NPL, and response activities will continue
at these OUs.
DATES: The EPA will accept comments concerning its proposal for partial
deletion until September 15, 1999.
ADDRESSES: Comments may be mailed to: Ms. Meghan Cassidy, Remedial
Project Manager, Office of Site Remediation and Restoration, U.S.
Environmental Protection Agency, One Congress Street, Suite 1100-HBT,
Boston, MA 02114-2023.
Comprehensive information on the MTL Site, the Administrative
Record for OU Nos. 1 and 3, and the Deletion Docket for this partial
deletion is maintained at the following information repository:
Watertown Free Library, 123 Main Street, Watertown, Massachusetts.
FOR FURTHER INFORMATION CONTACT: Ms. Meghan Cassidy, Remedial Project
Manager, Office of Site Remediation and Restoration, U.S. Environmental
Protection Agency, One Congress Street, Suite 1100-HBT, Boston, MA
02114-2023, (617) 918-1387.
SUPPLEMENTARY INFORMATION:
I. Introduction
II NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The United States Environmental Protection Agency (EPA) Region I
announces its intent to delete a portion of the Material Technology
Laboratory (MTL) Superfund Site located in Watertown, Middlesex County,
Massachusetts from the National Priorities List (NPL), which
constitutes appendix B of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR part 300, and requests
comments on this proposed partial deletion.
This proposal for partial deletion pertains to the portion of OU
No. 1, which includes the areas known as the WADC and the Commander's
Quarters parcels. In addition, this proposal for
[[Page 44455]]
partial deletion pertains to OU No. 3 which includes Area I. OU No. 3
is within the WADC parcel. These parcels are also known as Zones 1-4.
Zones 1 through 4 are bounded by Arsenal Street to the north; Talcott
Street to the east; North Beacon Street to the south; and the Burnham
Manning Post #1105, Veterans of Foreign War to the west. A figure and
the exact coordinates that define the deleted property at the Site are
contained in the NPL Deletion Docket.
Section II of this document explains the criteria for partially
deleting portions of a site from the NPL. Section III discusses the
procedures that EPA is using for this action. Section IV discusses the
MTL Site and explains how partial deletion criteria are met for this
Site.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from, or recategorized on, the NPL where no further response is
appropriate. In making a determination to delete a release from the
NPL, EPA must determine, in consultation with the state, whether any of
the following criteria have been met: (i) Responsible parties or other
parties have implemented all appropriate response actions required;
(ii) All appropriate Fund-financed response under CERCLA has been
implemented, and no further 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, taking of remedial measures is not appropriate.
Site releases may not be deleted from the NPL until the state in
which the site is located has concurred with the proposed deletion. EPA
is required to provide the state with thirty (30) working days for
review of the deletion document prior to its publication in the Federal
Register.
As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from
the NPL are eligible for further remedial actions should future
conditions warrant such action. If new information becomes available
which indicates the need for further action, EPA may initiate remedial
actions. Whenever there is a significant release from a site deleted
from the NPL, the site may be restored to the NPL without the
application of the Hazard Ranking System.
III. Deletion Procedures
The following procedures were used for the intended partial
deletion of this site: (1) All appropriate response under CERCLA has
been implemented and no further CERCLA response is appropriate; (2) the
Commonwealth of Massachusetts has concurred with the partial deletion;
(3) a notice has been published in the local newspaper and has been
distributed to the appropriate Federal, State and local officials and
other interested parties announcing the commencement of the 30-day
public comment period on EPA's Notice of Intent to Delete; and (4) all
relevant documents have been made available in the local site
information repository.
Deletion from the NPL does not itself create, alter, or revoke any
individual's rights or obligations. As mentioned in Section II of this
document, Sec. 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.
EPA's Region I office will accept and evaluate public comments on
EPA's Notice of Intent to Delete before making a final decision to
delete the specified parcel. If necessary, Region I will prepare a
Responsiveness Summary to address any significant public comments
received.
If EPA determines, with the State's concurrence, that the partial
deletion is appropriate after consideration of public comment, then EPA
will place a final Notice for Partial Deletion in the Federal Register,
completing the process. Public notices and copies of the Responsiveness
Summary, if necessary, will be available in the site information
repository.
IV. Basis for Intended Partial Site Deletion
The following summary provides EPA's rationale for the proposed
deletion of the Watertown Arsenal Development Corporation (WADC) and
Commander's Quarters parcels of MTL Site from the NPL.
Site Description
MTL is located in Watertown, Massachusetts. The approximately 47.5-
acre MTL NPL site, is located on the north bank of the Charles River,
approximately five miles west of Boston. MTL is bounded by Arsenal
Street to the north; a fence line located beyond Talcott street to the
east; the Charles River to the south; and to the west by the Veterans
of Foreign Wars, USA, Burnham Manning Post No. 105 and other private
properties. To facilitate the environmental investigation and
remediation, and ultimate transfer of the property, MTL was divided
into several parcels.
The WADC Parcel , an approximately 29.42-acre property, provides
the entire northern boundary of the MTL site along Arsenal Street and
is bounded to the east by Talcott Street to the fence line; to the
southeast by the Commander's Quarters Parcel; and to the south by North
Beacon Street. The WADC Parcel, constitutes over 60 percent of the
entire MTL site. Future use of the WADC Parcel includes industrial/
commercial and limited residential purposes.
The Commander's Quarters Parcel is approximately 7.21 acres, and
covers the southeastern corner of the site north of North Beacon
Street. The Commander's Quarters Parcel is bounded to the west and
north by the WADC parcel; to the east by Talcott Street to the fence
line; and to the south by North Beacon Street. This parcel constitutes
approximately 15 percent of the MTL site. The plan for the landscaping
of the grounds on this parcel was developed by the Olmsted Brothers, a
prominent landscape architecture firm. The Commander's residence
located on the Commander's Quarters Parcel and grounds are listed on
the National Register of Historic Places. The Commander's Quarters
Parcel has a designated future use as open space/park land.
No wetlands or surface waters are located at either the WADC or
Commander's Quarters Parcels. The groundwater beneath these parcels is
not considered suitable as a potential source of drinking water based
on the classification by the Massachusetts Department of Environmental
Protection.
Site History
MTL was established in 1816 and has been used throughout the years
for a variety of missions, including storage, repair and issue of small
arms and ordnance supplies; material testing, arms manufacturing; and
as the home of the Army's first materials research nuclear reactor
(deactivated in 1970).
Historical property uses on the WADC Parcel include miscellaneous
industrial activities to support the facility's mission. The buildings
and structures situated within the WADC parcel (both existing and
demolished) served a variety of purposes, especially research,
prototype development, and other industrial uses. There are two
buildings within the WADC Parcel that were used for residential
purposes.
The Commander's Quarters Parcel includes four structures including
the former Commander's residence, two storage bunkers and a Sentry
Station. Also included are a tennis court and garden area. Past use of
this parcel was for residential and open space purposes.
[[Page 44456]]
In 1994, EPA added MTL to the NPL on May 31, 1994 (59 FR 27989). In
1995, the Army and EPA entered into a Federal Facility Agreement to
coordinate environmental activities at MTL. In 1989, the Department of
Defense designated MTL for closure as an active military facility under
the Base Realignment and Closure Act.
The Army, under the Installation Restoration Program, completed
several investigations at MTL. Studies completed at MTL which pertain
to the WADC and Commander's Quarters parcels include a Phase I Remedial
Investigation (RI) (1991); a Phase 2 RI incorporating a Baseline Risk
Assessment (1994); a Final Terrestrial Ecological Risk Assessment
(1995); a Final Outdoor Feasibility Study (1996).
The results of these various studies showed that there were various
areas on both the WADC and Commander's Quarters parcels where soil
contamination exceeded acceptable risk levels for human health. The
contaminants of concern included polynuclear aromatic hydrocarbons
(PAHs), pesticides and limited PCBs. In addition, several locations in
the Commander's Quarters parcel posed a potential risk to ecological
receptors based on pesticide and metal contamination. Groundwater
beneath the site was not deemed a media of concern based on the State's
groundwater classification.
The remedy for the areas of concern contained within the WADC and
Commander's Quarters parcels was selected and documented in the Area I
Record of Decision (ROD) issued in June 1996; the Soil and Groundwater
ROD issued in September 1996; and an Explanation of Significant
Difference (ESD) issued in January 1998. The remedy as outlined in the
above-mentioned decision documents required excavation of soils in
exceedance of established clean-up criteria, off-site disposal of
excavated soil, confirmatory sampling to confirm compliance with clean-
up criteria, backfilling of excavations with clean fill, and
implementation of institutional controls in order to ensure the
continued protectiveness of the remedy in the future. The majority of
the clean-up levels established were set at background.
The Department of the Army implemented the selected remedy and
completed all necessary soil excavation on the WADC and Commander's
Quarters parcels in November 1997. Confirmatory soil sampling performed
during excavation work documented compliance with the established
clean-up criteria. Necessary institutional controls are provided for in
a Grant of Environmental Restriction and Easement (Grant). This
document spells out the pertinent restrictions for various areas within
the WADC and Commander's Quarters parcel and provides survey maps
outlining the areas subject to restrictions. Through this Grant, the
Department of the Army transferred certain rights to enforce and
oversee the institutional controls to the Commonwealth of Massachusetts
DEP. The Grant also provides that the Army will retain certain of these
enforcement and related access rights which it will hold co-extensively
with DEP.
The requirements of OSWER Directive 9355.7-02 dated May 23, 1991,
provide that five-year reviews will be conducted as a matter of policy
at sites for which the remedy was selected prior to the passage of the
Superfund Amendments and Reauthorization Act (SARA); or where hazardous
substances will remain on-site above levels that allow for unlimited
use and unrestricted exposure. OSWER Directive 9355.7-02A dated July
26, 1994 clarifies that Executive Order 12580 delegates responsibility
for five-year reviews at Federal facilities to the Departments of
Energy and Defense. Since the level of residual contamination on the
WADC and Commander's Quarters parcels requires limitations to the
future use of the site, five-year reviews will be performed.
Community Involvement
Community input has been sought by the Materials Technology
Laboratory throughout the cleanup process. Community relations
activities have included the formation of a Restoration Advisory Board
(RAB); regular meetings of the RAB; public meetings/hearings prior to
the signing of the RODs; several public notices in local newspapers;
and several site tours/open houses at the facility.
A copy of the Deletion Docket can be reviewed by the public at the
Watertown Free Library. The Deletion Docket includes this Notice, the
RODs, ESD, Remedial Action Reports, Grant of Environmental Restrictions
and Easements, and correspondence documenting that no further remedial
action is necessary at the WADC and Commander's Quarters parcels
(formerly referred to as Zones 1-4).
Current Status
One of the three criteria for site deletion specifies that EPA may
delete a site (or portion of a site) from the NPL if ``responsible
parties or other parties have implemented all appropriate response
actions required.'' EPA believes that this criterion has been met for
this partial deletion. In a letter dated December 28, 1998, the
Commonwealth of Massachusetts provided their concurrence on the
proposed deletion of the WADC and Commander's Quarters parcels,
formerly known as Zones 1 through 4, of the Materials Technology
Laboratory Site. A copy of this letter is available for review in the
Information Repository as part of the Deletion Docket. Subsequently,
EPA is proposing partial deletion of these parcels from the NPL.
Dated: July 26, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-21009 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P
