[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Rules and Regulations]
[Pages 28102-28106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12709]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6969-7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final deletion of the Salem Acres Superfund Site from 
the National Priorities List.

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SUMMARY: EPA--New England is publishing a direct final deletion of the 
Salem Acres Superfund Site (Site), located in Salem, 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 Appendix B of 40 CFR Part 300, which is 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 
Department of Environmental Protection (MADEP) because EPA has 
determined that all appropriate response actions under CERCLA have been 
completed and, therefore, further remedial action pursuant to CERCLA is 
not appropriate.

DATES: This direct final deletion will be effective July 23, 2001 
unless EPA receives adverse comments by June 21, 2001. If adverse 
comments 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: Comments may be mailed to Elaine Stanley, Remedial Project 
Manager, U.S. Environmental Protection Agency--New England, One 
Congress

[[Page 28103]]

Street, Suite 1100 (HBO), Boston, Massachusetts 02114-2023, (617) 918-
1332, Fax (617) 918-1291, e-mail: [email protected].
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. Environmental Protection Agency--New 
England Records Center, One Congress Street, Suite 1100, (HBS), Boston, 
Massachusetts 02114-2023, (617) 918-1440 or 1-800-252-3402-toll-free, 
Monday through Friday--9 a.m. to 5 p.m.; and the Salem Public Library, 
370 Essex Street, Salem, Massachusetts 01970, (978) 744-0860, Monday 
through Thursday--9 a.m. to 9 p.m., Friday and Saturday--9 a.m. to 5 
p.m. and Sunday--1 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Elaine Stanley, Remedial Project 
Manager, U.S. Environmental Protection Agency, One Congress Street, 
Suite 1100 (HBO), Boston, Massachusetts 02114-2023, (617) 918-1332, Fax 
(617) 918-1291, e-mail: [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--New England is publishing this direct final notice of deletion 
of the Salem Acres Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective July 23, 2001 unless 
EPA receives adverse comments by June 21, 2001 on this document. If 
adverse comments are received within the 30-day public comment period 
on this document, EPA will publish a timely withdrawal of this direct 
final 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 the procedures that EPA is 
using for this action. Section IV discusses the Salem Acres 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

    Section 300.425(e) of the NCP provides that release may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a release from the NPL, EPA shall consider, in 
consultation with the State, whether any of the following criteria has 
been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) 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, taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA Section 
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site 
will be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. In the case of this 
Site, a five year review is not necessary since all hazardous 
substances, pollutants and contaminants have been removed from the 
Site. If new information becomes available which indicates a need for 
further action, EPA may initiate remedial actions. Whenever there is a 
significant release from a site deleted from the NPL, the deleted site 
may be restored to the NPL without the application of the hazard 
ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the Commonwealth of Massachusetts on the 
deletion of the Site from the NPL prior to developing this direct final 
deletion.
    (2) The Commonwealth of Massachusetts concurred with the deletion 
of the Site from the NPL.
    (3) Concurrently with the publication of this direct final 
deletion, a notice of the availability of the parallel notice of intent 
to delete published today in the ``Proposed Rules'' section of the 
Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state and local government officials and other 
interested parties; 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 places copies of the documents supporting the deletion 
in the Site information repositories identified.
    (5) If adverse comments are received within the 30-day public 
comment period on this document, EPA will publish a timely notice of 
withdrawal of this direct final 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 Location

    The Salem Acres Superfund Site (Site) is an approximately two 
hundred and thirty-five (235) acre parcel of land located in the Cities 
of Peabody and Salem, Massachusetts. The entire Site is zoned 
residential but remains undeveloped. The actual contaminated portion of 
the Site was confined to the southernmost thirteen acres of the 
property. This area borders a residential area to the south, wetlands 
to the east and west and undeveloped upland to the north.

[[Page 28104]]

Site History

    The contaminated area consisted of three adjacent and separate 
disposal areas. There is a Responsible Party (RP) associated with each 
area. The first area where hazardous substances were located consisted 
of eight unlined sludge lagoons containing industrial sewage sludge 
originating from and disposed of by the South Essex Sewerage District 
(SESD), a wastewater treatment plant located in Salem, MA. The second 
area containing hazardous substances consisted of a coal fly ash pile 
disposed of by the Massachusetts Electric Company (MEC). Disposal 
activities by SESD and MEC occurred between the mid 1940's and 1969. 
The third and final area containing hazardous substances included an 
old landfill and three debris piles (collectively Landfill) which 
existed prior to the present ownership of the property. The owner of 
the property, Ugo DiBiase Salem Realty Trust (DiBiase) is the RP for 
the Landfill. Generation and disposal of the landfill and debris piles 
is not known. Although DiBiase did not contribute any waste to the 
Site, it was deemed liable by virtue of property ownership and failing 
to take any action to minimize exposure to contaminants. Operable Unit 
No. 1 includes the entire Site.
    EPA conducted two Emergency Removal Actions (ERAs) at the Site, one 
in 1987 and one in 1990. EPA funded the first action and a portion of 
the second action with SESD performing and funding the remaining 
portion of the second action. The first action consisted of lagoon 
water removal and disposal, capping the lagoons, constructing a slurry 
wall and provide fencing to preclude site access. The second action 
consisted drum repacking and storage, fence and gate replacement and 
installation of signs.

Remedial Investigation and Feasibility Study (RI/FS)

    The SESD completed a site-wide Remedial Investigation (RI) on May 
29, 1992. They then conducted a Feasibility Study (FS) which was 
completed in June 1992. Results of the RI showed the nature and extent 
of contamination and assessed the associated risks from exposure. The 
contaminants of concern include polynuclear aromatic hydrocarbons 
(PAHs), polychlorinated biphenyls PCBs, dioxins/furans, volatile 
organic compounds (VOCs), semi-VOCs (sVOCs), chromium, arsenic, 
beryllium, vanadium and thallium. The concentration levels for the 
dioxin equivalent 2,3,7,8-TCDD found during the RA were below the 
cleanup level of 1 part per billion. The primary exposure pathways for 
both existing and future land use (residential) that showed 
unacceptable risk include: ingestion, dermal contact and inhalation of 
(airborne particulates originating from) sludge, fly ash and 
contaminated soil.
    The FS developed and evaluated various remedies for each 
contaminated area, including RCRA capping, incineration, 
immobilization, thermal desorption, solvent extraction, in-situ 
vitrification, sludge fixation, excavation and off-site disposal.

Record of Decision Findings

    A Record of Decision (ROD) was signed on March 25, 1993. The ROD 
required a preferred remedy of soil/sludge fixation, excavation and 
off-site disposal at a permitted landfill. Implementation of the 
preferred remedy required that certain conditions be met which included 
that the waste must be classified as non-hazardous under RCRA before 
shipment off-site. If these conditions could not be met, the ROD 
required construction of a RCRA cap over the hazardous substances to 
minimize possible exposure, implementation of institutional controls 
and long term monitoring to assure cap integrity. All areas to be 
remediated on Site are identified as Operable Unit No. 1. If the 
preferred remedy proved to be feasible, then no institutional controls 
or long term monitoring would be required.
    On April 11, 1997, EPA issued an Explanation of Significant 
Difference (ESD). Based on updated toxicity data regarding carcinogenic 
polyaromatic hydrocarbons (cPAHs), EPA recalculated cleanup values for 
soils using this new information. The cleanup risk value established in 
the ROD for the Site was held constant, providing the same level of 
protectiveness. Each cPAH was given a separate cleanup value rather 
than a total cPAH value 1.2 parts per million (ppm) provided in the 
ROD. In addition, EPA calculated a new cleanup value for beryllium 
after a background study was performed. EPA redefined the background 
concentration of beryllium in soils as 1.0 ppm and revised the cleanup 
level from 0.42 ppm to 1.0. The excess lifetime cancer risk resulting 
from exposure to 1 ppm beryllium in soils given the exposure scenario 
and assumptions specified in the HRA is 2  x  10-6 which is 
consistent with EPA's goal for remedial actions (clean up to within the 
acceptable risk range of 1  x  10-4 to 1  x  
10-6).

Characterization of Risk

    The risk assessment performed as part of the RI for existing and 
future use scenarios determined that unacceptable risks exist from 
exposure to cPAHs, PCBs, dioxins/furans, VOCs, sVOCs, chromium, 
arsenic, beryllium, vanadium and thallium. The primary exposure 
pathways for both existing and future land use (residential) that 
showed unacceptable risk include: ingestion, dermal contact and 
inhalation of (airborne particulates originating from) sludge, fly ash 
and contaminated soil.

Response Actions

    Each of the three RPs entered into separate Consent Decrees to pay 
for past costs expended at the Site, all future costs incurred at the 
Site and to perform separate remedial designs (RDs) (SESD and MEC only) 
and remedial actions (RAs) for each responsible area. The U.S. Army 
Corps of Engineers, on behalf of the EPA, performed the RD for the 
Landfill with Fund-lead monies. Just prior to the start of a fund lead 
RA, DiBiase entered into a Consent Decree to perform the RA and to 
cover certain past and all future costs associated with its cleanup. 
All future costs incurred by EPA and DEP for each of the three RD/RAs 
were covered by each respective RP. EPA retained the Corps to provide 
design review and evaluation, oversight of the remedial actions, 
including evaluation of quality assurance/quality control (QA/QC) 
procedures, performance standards and verified that the validated data 
met the established data quality objectives (DQOs) for each project.
    For the first RA, DiBiase excavated approximately 2,000 cubic yards 
(cy) of material and disposed of it at an off-site permitted landfill. 
During the remedial action, fly ash was shown to be present well into 
the landfill. DiBiase removed approximately 1,500 cy of fly ash and MEC 
agreed to incur the costs associated with this work. Final site 
restoration of the Landfill and debris piles was performed in the 
spring of 1996.
    MEC commenced RA activities in August 1995 and was substantially 
completed but discontinued in December 1995 at the boundary of the fly 
ash area and the adjacent wetland. Approximately 11,000 cy of fly ash 
and approximately 6,100 cy of adjacent contaminated soils were 
excavated and shipped off-site to a permitted special waste landfill 
located in New Hampshire. Site restoration was performed in the spring 
of 1996.
    MEC excavated the remaining fly ash found in the wetlands in August 
1999. Approximately 1,000 cy of fly ash was

[[Page 28105]]

removed from the wetland and shipped off-site to an appropriate 
landfill. Restoration of the wetland included seeding the slopes with 
an appropriate wetland soils and seed mix. A final inspection was 
performed on August 18, 1999. This is the date for which all 
construction activities were considered complete for the entire Site.
    SESD performed treatability tests for the fixation of the sludges 
during the pre-design phase. The purpose of fixation was to render any 
ignitable sludges non-ignitable. The treatability study shown that the 
sludges were non-ignitable and non-RCRA toxic and thus not RCRA-
characteristic hazardous waste. SESD implemented the remedy of 
excavation and off-site disposal. The remedial work commenced in 
September 1996 and substantially completed in September 1997. Final 
site restoration was completed in the spring of 1998. A final site 
inspection for the sludge areas occurred on April 29, 1999.
    A total of 28,755 tons of sludge were excavated and disposed of 
off-site at a permitted solid waste disposal facility located in Maine. 
A total of 60,304 tons of soil were excavated and disposed of at a 
solid waste disposal facility in Massachusetts. The slurry wall, sludge 
lagoon HDPE covers installed during the 1987 ERA and other demolition 
debris were also removed and sent to the Massachusetts disposal 
facility. A total of approximately 7.5 million gallons of site water 
accumulated in the excavated areas were collected and discharged to the 
SESD treatment plant for treatment via municipal sewer. The water was 
tested regularly to ensure compliance with the plant's pre-treatment 
limits. The high volume of water that accumulated in the excavated 
areas was due to the occurrence of a hundred year storm event, 
unanticipated depth of excavation and contractor delays based on cost 
claims with SESD.
    Each of the RPs monitored surface water and sediments in the 
wetlands prior to and after their remediation. SESD was also tasked to 
monitor Site ground water during and after remediation. The last and 
final ground water sampling event occurred in May of 1999. The results 
showed that ground water was not impacted by any remediation. Ground 
water had also not been impacted by past disposal of materials at the 
Site.

Cleanup Standards

    Remedial action cleanup activities at the Site were consistent with 
the NCP, the ROD, the ESD and with each RD/RA Consent Decree and 
provides protection to human health and the environment. RD/RA plans 
for all phases of construction included a Quality Assurance Project 
Plan (QAPPs) and incorporated all EPA and State quality assurance and 
quality control procedures and protocols (where necessary). All 
procedures and protocol were followed for soil, sediment, water and air 
sampling during the RA. EPA analytical methods were used for the 
confirmatory and monitoring samples during all RA activities. EPA has 
determined that the analytical results, having been Tier III validated, 
are accurate to the degree needed to assure satisfactory execution of 
each RA, show that the cleanup standards have been met, and are 
consistent with the ROD/ESD and the RD plans and specifications.

Operations and Maintenance

    The Site has been entirely cleaned up in accordance with the ROD, 
the ESD and the three CDs. There will be no need for operation and 
maintenance activities at the Site. The Site requires no institutional 
controls and now provides for unrestricted use. The Site is zoned as 
residential. The landowner has informally suggested that he may build 
multi-family residences on the Site but at the time of this writing, no 
definitive or formal plans have been made public.

Five-Year Review

    No hazardous substances remain at the site above health-based 
levels after the completion of all remedial actions. Therefore, 
pursuant to CERCLA Section 121(c) and as provided in OSWER Directive 
9355.7-02, Structure and Components of Five-Year Reviews, May 23, 1991 
and OSWER Directive 9355.702A, Supplemental Five-Year Review Guidance, 
July, 26, 1994, five year reviews will not be necessary.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.
    Informal public meetings were held in the neighborhood prior to and 
after each remedial action. Representatives from EPA, MADEP and the RPs 
with their consultants and contractors were present. These meetings 
proved to be extremely helpful in providing the public, especially the 
immediate neighborhood residents who would be most affected, with 
important information regarding activities associated with each 
remedial action. These meetings were also particularly useful for the 
agencies and the RPs in hearing and addressing the residents' concerns 
regarding on-site and off-site activities. Some examples of what the 
agencies and the RPs implemented as a result of these meetings 
included: prohibiting truck traffic before 8 a.m. and after 5 p.m. and 
during school bus pickup and drop off periods; setting a speed limit of 
15 m.p.h. for all site-related vehicles on residential streets; daily 
street cleaning; air monitoring at the site gate adjacent to the 
neighborhood and the RPs agreeing to repave the neighborhood roadway 
used to transport wastes off-site.

V. Deletion Action

    The EPA, with concurrence from the Commonwealth of Massachusetts, 
has determined that all appropriate responses under CERCLA have been 
completed, and that no further response actions, under CERCLA are 
necessary. 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 of a notice of 
intent to delete. This action will become effective July 23, 2001 
unless EPA receives adverse comments by June 21, 2001. If adverse 
comments are received within the 30-day public comment period on this 
document, EPA will publish a timely withdrawal of this direct final 
deletion before the effective date of the deletion and it will not take 
effect and, 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 23, 2001.
Ira W. Leighton,
Acting Regional Administrator, U.S. EPA--New England.

    For the reasons set out in this document, 40 CFR part 300 continues 
to read as follows:

PART 300--[AMENDED]

    1. The authority citation for part 300 continues to read as 
follows:


[[Page 28106]]


    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--[Amended]

    2. Table 1 of Appendix B to part 300 is amended under Salem Acres 
Superfund Site by removing the ``Salem Acres Superfund Site, Salem, 
Massachusetts''.
[FR Doc. 01-12709 Filed 5-21-01; 8:45 am]
BILLING CODE 6560-50-P