[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