[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59716-59719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29552]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7109-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final notice of deletion of the Fort Devens-Sudbury 
Training Annex Superfund Site from the National Priorities List.

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SUMMARY: EPA-New England is publishing a direct final notice of 
deletion of the Fort Devens-Sudbury Training Annex Superfund Site 
(Site), located in Stow, Sudbury, Maynard, and Hudson, 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 notice of 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 January 29, 2002 
unless EPA receives adverse comments by December 31, 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 Christine Williams, Remedial 
Project Manager, U.S. Environmental Protection Agency-New England, One 
Congress Street, Suite 1100 (HBT), Boston, Massachusetts 02114-2023, 
(617) 918-1384, Fax (617) 918-1291, e-mail: [email protected]
    Information Repository: Comprehensive information about the Site is 
available for viewing and copying at the Site information repository 
located at: Devens--RFTA, by appointment only Monday through Friday 8 
am to 5 pm, (978) 796-3835 or (978) 796-2205.

FOR FURTHER INFORMATION CONTACT: Christine Williams, Remedial Project 
Manager, U.S. Environmental Protection Agency, One Congress Street, 
Suite 1100 (HBT), Boston, Massachusetts 02114-2023, (617) 918-1384, 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 Ft-Devens Sudbury Training Annex 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 January 29, 2002 unless 
EPA receives adverse comments by December 31, 2001 on this notice or 
the parallel notice of intent to delete published in the Proposed Rules 
section of today's Federal Register. If adverse comments are received 
within the 30-day public comment period on this notice or the notice of 
intent to delete, 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 the procedures that EPA is 
using for this action. Section IV discusses the Ft-Devens Sudbury 
Training Annex 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 releases 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 (RI) 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 necessary since all hazardous substances, 
pollutants and contaminants have not 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.
    In the case of the Ft. Devens Sudbury Training Annex, the selected 
remedies are protective of human health and the environment. The Army 
will maintain the landfill cover and will perform long-

[[Page 59717]]

term groundwater monitoring. The first five-year review was conducted 
by EPA, the Commonwealth of Massachusetts Department of Environmental 
Protection, and the Army this year (2001). Copies are located at the 
Repository previously noted. The remedies were deemed protective. 
Reviews will be conducted every five years hereafter.

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 
notice of 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 notice 
of 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 repository identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this 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 Location

    The Ft. Devens Sudbury Training Annex (Site) lies in Middlesex 
County, Massachusetts, 20 miles west of Boston, and occupies 
approximately 2,300 acres within the towns of Hudson, Stow, Maynard, 
and Sudbury. The combined population of these four towns is 
approximately 50,000. The remaining area of contamination (A7) is 
located on the northern boundary of the Annex, adjacent to the Assabet 
River and within the boundaries of the town of Stow. Where developed 
land is adjacent to the Annex, it is residential. Green Meadow 
elementary school is approximately 1,000 feet northeast of the Annex 
boundary and Maynard High School 2,000 feet northeast.

Site Background and History

    The Site was established as an Army ammunition storage point during 
WW II and since then has been used for ordnance research and 
development, materials research, and troop training. Research and 
development stopped in 1982 and there has been no training allowed 
since 1992. The Army stored PCB transformers from at least 1982 to 1985 
at the Site. In 1985, a transformer was found to have been leaking due 
to a bullet hole. An estimated 100 to 200 gallons of PCB oil were 
released onto the ground. In 1986 the Army released the first remedial 
investigation focusing on 11 other areas of concern across the Site. 
The Site was placed on the EPA National Priorities List (NPL) as a 
Superfund Site in 1990 due to the known releases and in May 1991 the 
Army signed an Interagency Agreement with the EPA stipulating that site 
investigations (SI) and cleanup actions would follow CERCLA/Superfund 
Amendments and Reauthorization Act (SARA), under the regulatory 
guidance of the National Contingency Plan (NCP) 40 CFR part 300. A 
Technical Review Committee (TRC) was formed at this time also to, in 
part, provide a forum for discussion of citizens' concerns.
    In 1995 the Site was placed on the Base Realignment and Closure 
(BRAC 95) list. The Site is planned to be transferred in three parts to 
(1) the United States Fish and Wildlife Service (F&WS) (2,205.2 acres), 
(completed), (2) U.S. Air Force (AF) (4.148 acres) (under negotiation), 
and (3) the Federal Emergency Management Agency (FEMA) (71.525 acres) 
(under negotiation). Puffer Pond (approximately 24 acres), which is 
defined by Massachusetts law to be a Great Pond (i.e., a natural pond 
with an area of 20 acres or more), is owned by the Commonwealth of 
Massachusetts and wholly located within property transferred to United 
States Fish and Wildlife Service.
    The Site consists of five operable units (OU):
    OU1-A7, the Old Gravel Pit Landfill, is about 2 acres in extent 
within a fenced area of 10 acres. It was used as a dump for general 
refuse, demolition debris, and chemical lab waste disposal. The lab 
waste area was limited to a pit of about 5,000 sq. ft. General refuse 
was reportedly buried at shallow depths since 1941, with occasional 
burning to reduce volume. A7 was also used by the public for 
unauthorized surface dumping during the 1970's, until access was 
restricted. This landfill was capped in 1997.
    OU2-A9, the Petroleum, Oil and Lubricants (POL) Burn Area, was used 
from the 1950's to the 1980's for testing flame-retardant clothing and 
by the Massachusetts Fire Fighting Academy (MFFA). During the fire 
training two unlined trenches were filled with water, topped off with 
fuel oil and ignited. In 1988 approximately 1,100 yards of contaminated 
soil were excavated and removed from these training trenches and 
transported to a hazardous waste facility. An underground storage tank 
was also removed from this area.
    OU3-A4, Waste Dump, contains a surface dump and a building 
foundation dated to the late 1600's. The site reportedly was used for 
the burial of unidentified chemical wastes and drums over a three to 
four year period from the late 1960s to early 1970s.
    OU4-P11 and P13, Building T405 Dump Area and Massachusetts Fire 
Fighting Academy (MFFA). P-11 and P-13 areas were used for ordnance 
research and development; laboratory research on foamed plastics, 
organic chemicals, flame testing, meteorological projects, insecticide 
and rodenticide research; and training of Massachusetts State Police, 
Massachusetts Air National Guard, Massachusetts Army National Guard, 
and MFFA.
    OU5-P37, P36 and A12, Former Raytheon Building T-106, T104 
underground storage tank (UST) Area, and poly-chlorinated bi-phenyl 
(PCB) Transformer Remediation Area (in between the two buildings). T104 
was used for research and development of missile guidance and radar 
systems and as a staging area for PCB transformers from at least 1982 
to 1985. T106 was used for the assembly of electronic equipment. In 
1988, two 1,000 gallon heating oil USTs were removed from near the two 
buildings. At A-12, in 1985, a transformer was found to have been 
leaking due to a bullet hole. An estimated 100 to 200 gallons of PCB 
oil

[[Page 59718]]

were released onto the ground. By the time the removal action was 
completed, over 175 tons of contaminated soils were removed.

Remedial Investigation/Feasibility Study (RI/FS) Results and Record of 
Decision (ROD) Findings for Operable Units (OU) 1 and 2

    Remedial Investigations of these areas of concern were conducted in 
1992 and 1993 and found the contamination at A7 in surface and 
subsurface soils, groundwater, surface water, and sediment. 
Contamination occurs in three distinct areas: the solid waste disposal 
area covering the central and eastern portion with hot spots of metals 
and organochloric pesticides; the laboratory waste disposal pit in the 
west-central portion containing pesticides, chlorinated solvents, and 
unknown lab waste hazards; and groundwater contamination.
    At A9, after early soil removal actions, contamination was still 
found in the surface and subsurface soils and in the groundwater. 
Metals were found above Massachusetts standards in surface and 
subsurface soils. In groundwater, chlorinated and non-chlorinated 
volatile organics, PAHs, and semi-volatile organics were found to 
exceed federal Maximum Contaminant Levels (MCLs) or Massachusetts 
standards.
    Human Health Risks for both A7 and A9 were evaluated for current 
use and for future use. The future use included a residential scenario, 
which is the most conservative assessment for human health. Risks at 
both A7 and A9 were unacceptably high under the residential conditions 
and therefore remediation was required for the surface and subsurface 
soils. An ecological risk assessment for the two areas concluded that 
the level of contamination would not be likely to adversely affect 
terrestrial or aquatic wildlife.
    The focused FS evaluated a presumptive containment remedy for the 
landfill and an additional soil removal for A-9.
OU1 and OU2 ROD Findings
    A7 and A9 were divided into two remedial action operable units. The 
first Operable Unit (OU) was a source control OU. Lab waste and its 
contaminated soil was excavated and transported off-Site to a licensed 
hazardous waste facility. Solid waste and contaminated soil from A7 and 
A9 was used as subgrade as part of the construction of the Resource 
Conservation and Recovery Act (RCRA) Subtitle C multi-layer landfill 
cap at A7. The ROD required the Army to cover the landfill and to 
perform landfill cap operation and maintenance (O&M), groundwater and 
landfill gas monitoring, and to conduct 5 year reviews of the Site.
    The second Operable Unit was a management of migration OU 
groundwater investigation for A7 and A9. Groundwater contamination at 
A-9 was found to be attenuating and no unacceptable human health or 
ecological risk was found. However, this No Further Action ROD included 
the commitment to long term monitoring in groundwater at A7 as required 
by the Final Operations & Maintenance Plan dated 1997 (semi-annual for 
VOCs, pesticides, & metals) as part of the remedy included in the 
Source Control ROD of 1995 for OU 1 and OU2.

RI/FS Results and ROD Findings for OU3(A-4), OU4 (P-11 and P-12), and 
OU5 (A12, P-36 & P-37)

    Site investigation and remedial investigation (SI/RI) activities 
were performed in 1992 and 1993. Field work and laboratory analysis of 
additional samples to further characterize the areas of concern were 
performed in 1996. Low levels of contamination were found in all media 
after removal actions were performed at some areas, however, no 
groundwater plumes were found. None of the areas of concern in OUs 3, 
4, or 5 posed unacceptable risks to human health or the environment. No 
Action RODs were signed for each of the OUs in 1996 and 1997.
Response Actions for OU1 and 2 (The Only Remedial Action (RA) Performed 
at the Site)
    In 1995 a Record of Decision (ROD) documented the remedial action 
for the
    Source Control OU.
    The major components include:
     Excavation and off-Site treatment and disposal of 
laboratory waste at A7;
     Excavation of contaminated soil from A9 and consolidation 
at A7;
     Consolidation of contaminated soil and solid waste at A7 
to within the limits of the landfill cap;
     Construction of a Resource Conservation and Recovery Act 
(RCRA) Subtitle C landfill cap at A7;
     Environmental monitoring and operation and maintenance 
(O&M) at A7; Institutional controls at A7 to limit future use and to 
restrict access and required five-year reviews at A7.
    In 1997 the Record of Decision for No Action Under CERCLA for A4 
and the Management of Migration OU at A7 and A9 was signed. This ROD 
included the commitment to long term monitoring as required by the 
Final Operations & Maintenance Plan 1997 (semi-annual for VOCs, 
pesticides & metals) of groundwater at A7 as part of the remedy 
included in the Source Control ROD of 1995 for OU1 and OU2. Groundwater 
contamination at A-9 was found to be attenuating. No unacceptable human 
health or ecological risk was found.
    The only Remedial Action (RA) at the Site (capping at OU1) began on 
July 31, 1996 and ended on October 27, 1997. RA cleanup activities at 
the Site were consistent with the NCP, the ROD, and were protective of 
human health and the environment. Remedial Design/Remedial Action (RD/
RA) plans for all phases of construction included a Quality Assurance 
Project Plan (QAPP) and incorporated all EPA and State quality 
assurance and quality control procedures and protocols during the RA. 
EPA analytical methods were used for the confirmatory and monitoring 
samples taken during all RA activities. EPA determined, in October 
1997, that the analytical results were accurate to the degree necessary 
to assure satisfactory execution of the RA. The results showed that the 
cleanup standards were met and were consistent with the ROD and the 
remedial design plans and specifications.

Operations & Maintenance

    The Army is responsible for conducting long-term maintenance and 
upkeep of the landfill cover and for monitoring landfill gas, and 
groundwater in accordance with the approved Long-Term Operation, 
Maintenance, and Monitoring Plan.

Five-Year Reviews

    CERCLA requires a five-year review of all sites with hazardous 
substances remaining above the health-based levels for unrestricted use 
of the site. Since the containment of hazardous materials within the 
landfill, the five-year review process will be used to ensure that 
human health and the environment remain protected in the future. The 
first five-year review was performed in 2001 by the Army. EPA concurred 
with the Army's assessment that the remedies remain protective of human 
health and the environment. For future five-year reviews, EPA will 
review the Army's annual reports and consolidated five-year review on 
the operation and maintenance of A7, and perform a five-year review 
inspection. The Army will provide the next five-year review prior to 
July 8, 2006.

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

[[Page 59719]]

the deletion from the NPL are available to the public in the 
information repository noted above.
    Quarterly, informal public meetings were held in the surrounding 
towns from 1991 to December 2000 and prior to and after each remedial 
action. Representatives from EPA, MADEP, and the Army with their 
consultants and contractors were present. These meetings proved to be 
extremely helpful in providing the public, especially the residents of 
adjoining neighborhoods, with important information regarding 
activities associated with all the investigations and each remedial 
action. These meetings were also particularly useful for the agencies 
and the Army in hearing and addressing the residents' concerns 
regarding on-site activities. The Army plans to continue these informal 
meetings to announce the findings of five-year reviews. The most recent 
meeting was held on November 14, 2001.

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 January 29, 2002 
unless EPA receives adverse comments by December 31, 2001. 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, as approriate, and continue 
with the traditional 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. If EPA receives no adverse 
comment(s), this deletion will become effective January 29, 2002.

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: November 15, 2001.
Robert W. Varney,
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:

    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 2 of Appendix B to part 300 is amended under Fort Devens-
Sudbury Training Annex Superfund Site by removing the entry for ``Fort 
Devens-Sudbury Training Annex, Middlesex County.''

[FR Doc. 01-29552 Filed 11-29-01; 8:45 am]
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