[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Proposed Rules]
[Pages 55187-55191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22080]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7269-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intent to delete the Pinette's Salvage Yard Superfund 
Site from the National Priorities List.

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SUMMARY: EPA-New England announces the intent to delete the Pinette's 
Salvage Yard Superfund Site (Site or Pinette's Site), located in 
Washburn Maine, from the National Priorities List (NPL) and requests 
public comment on this proposed action.
    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 of 1980, as 
amended (CERCLA). EPA and the State of Maine, through the Department of 
Environmental Protection, have determined that all appropriate response 
actions under CERCLA have been completed. However, this decision does 
not preclude future actions under Superfund.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before September 27, 2002.

ADDRESSES: Comments may be mailed to Almerinda Silva, Remedial Project 
Manager, U.S. Environmental Protection Agency-New England, One Congress 
Street, Suite 1100 (HBT), Boston, Massachusetts 02114-2023, (617) 918-
1246, 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 Site Repository--Washburn 
Town Hall, Main Street, Washburn Town Hall, Main Street, Washburn, ME 
04786, telephone (207) 455-8485.

FOR FURTHER INFORMATION CONTACT: Almerinda Silva, Remedial Project 
Manager, U.S. Environmental Protection Agency, One Congress Street, 
Suite 1100 (HBT), Boston, Massachusetts 02114-2023, (617) 918-1246, 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

I. Introduction

    EPA-New England announces its intent to delete the Pinette's 
Salvage Yard Superfund Site in Washburn Maine, county of Aroostook, 
from the National Priorities List (NPL) and requests public comment on 
this proposed action. The NPL constitutes appendix B of 40 CFR part 300 
which is the Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), which EPA promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation

[[Page 55188]]

and Liability Act (CERCLA) of 1980, as amended. EPA identifies sites 
that appear to present a significant risk to public health, welfare, or 
the environment and maintains the NPL as the list of these sites. EPA 
and the State of Maine, through the Department of Environmental 
Protection, have determined that the remedial action for the Site has 
been completed. However, this deletion does not preclude future actions 
under Superfund.
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) days after publication of this documentation in the Federal 
Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures EPA is using 
for this action. Section IV discusses the Pinette's Salvage Yard Site 
and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that a 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, EPA's policy is 
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 the Pinette's Site, Five-Year Reviews 
will be performed since trace levels of hazardous substances (PCBs) 
remain in groundwater at 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 were used for the intended deletion of the 
Site:
    (1) All appropriate response under CERCLA has been implemented.
    (2) The State of Maine has concurred with proposed deletion 
decision.
    (3) Concurrently with this publication a notice has been published 
in the local newspapers and has been distributed to the appropriate 
federal, state, and local officials and interested parties announcing 
the commencement of a 30-day public comment period on EPA's Notice of 
Intent to Delete.
    (4) All relevant documents have been made available in the local 
Site information repositories.
    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.
    For deletion of this Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A deletion occurs when the Regional Administrator places a final 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice. Public notices and 
copies of the Responsiveness Summary will be made available to local 
residents by the Regional Office.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Location

    The Pinette's Salvage Yard Superfund Site is located on Gardner 
Creek Road (a.k.a. Wade Road) approximately one mile southwest of the 
Town of Washburn, Aroostook County, Maine, in the northeastern corner 
of the State. The Site is located in a rural farming area. A portion of 
the Site has been used as vehicle repair and salvage yard. This portion 
of the Site is situated within the parcel of land, currently owned by 
Roger and Cynthia Pinette (granted with warranty covenants as joint 
tenants), which consists of approximately 9.45 acres.

Site History

    In June 1979, three electrical transformers from Loring Air Force 
Base located near Limestone, Maine, were removed from the base under a 
written agreement with a private electrical contractor. Allegedly, the 
transformers were brought to Pinette's Site where they apparently 
ruptured while being removed from the delivery vehicle. Approximately 
900 to 1,000 gallons of dielectric fluid containing polychlorinated 
biphenyls (PCBs) spilled directly onto the ground.
    In April 1980, Maine DEP determined that the Site was contaminated 
with PCBs and associated volatile organic contaminants (VOCs). 
Additional sampling by Maine DEP in August 1981 and EPA in May 1982 
confirmed the presence of PCB contamination at the Site. In December 
1982, the Site was placed on the National Priorities List (NPL).
    On October 4, 1983, EPA authorized an Immediate Removal Action 
(IRA) for the Pinette's Site. Approximately 1,050 tons (800 cu.yds.) of 
PCB-contaminated soil and assorted debris were removed for disposal 
during the period from October 4 to November 4, 1983. The IRA was 
performed to excavate those soils grossly contaminated by PCBs (i.e., 
soils containing 50 parts per million (50 ppm) or greater of PCBs, as 
determined by on-site analysis). Those soils that were excavated were 
then transported to the Model City, New York secure hazardous waste 
landfill facility.
    In 1985, a Deletion Remedial Investigation (DRI) was initiated at 
the Pinette's Site to determine if any residual PCB contamination 
existed and whether this residual contamination was reduced 
sufficiently to warrant the deletion of the Site from the (NPL). This 
investigation resulted in the determination by EPA, in consultation 
with Maine DEP, that the Site was not suitable for deletion from the 
NPL. The results of the DRI were released to the public in October 
1987. The DRI revealed additional contamination and thus triggered a 
need for additional studies.

Remedial Investigation and Feasibility Study (RI/FS)

    Based on the levels of residual PCB contamination discovered during 
the DRI, and in consultation with Maine DEP, EPA determined that a 
Supplemental Remedial Investigation (SRI) was warranted at the 
Pinette's Site.

[[Page 55189]]

The Supplemental RI was performed using a two-phased approach. Phase I 
and Phase II field investigations were conducted to address any 
outstanding data requirements and objectives, so that the data would be 
of sufficient quality and quantity to support the preparation of a 
Feasibility Study (FS). The Phase I field investigations were performed 
from September 1987 through November 1987. Phase II field activities 
were completed in November 1988. The Final Supplemental Remedial 
Investigation and Public Health Evaluation Report (Ebasco, 1989a), and 
the Draft Final Feasibility Study Report (Ebasco, 1989b) were 
distributed for public comment in March 1989.
    Elevated concentrations of PCBs were detected in surface and 
subsurface soils at the Site. Detectable concentrations of PCBs, 
benzene, chlorobenzene, 1,4-dichlorobenzene, 1,2,4-trichlorobenzene, 
and chloromethane were also identified within both the shallow and deep 
till aquifers at the Site (Ebasco, 1989a). These detectable groundwater 
concentrations of organic chemicals were found to be localized within 
and slightly downgradient of the spill area (in the vicinity of well 
cluster 5), but north of Gardner Creek Road. No detectable 
concentrations of PCBs were identified in filtered samples obtained at 
the Site, although PCBs were detected in unfiltered samples. The 
distribution of PCBs detected in the groundwater was limited only to 
the general spill area.

Record of Decision Findings

    On May 30, 1989, the EPA signed a Record of Decision (ROD) for the 
Pinette's Salvage Yard Superfund Site. The cleanup approach, selected 
in the ROD, for the Site included two primary components: Source 
Control and Management of Migration.
    The Source Control component (as amended in June 1993) has been 
completed. The Source Control component of the 1989 ROD originally 
called for on-site solvent extraction treatment and off-site 
incineration of contaminated soils, but was amended in 1993 for off-
site land disposal and off-site incineration. Solvent extraction 
technologies proved ineffective in efficiently extracting PCBs from 
site soils.
    The 1993 ROD Amendment recognized the infeasibility of solvent 
extraction to remediate soils within the required time frames. A new 
approach was developed which involved the off-site disposal of soil 
contaminated with 5 ppm [le]PCBs <500 ppm in a secure Toxic Substances 
Control Act (TSCA)--permitted landfill, and the incineration of soil 
contaminated with PCBs [ge]500 ppm at a TSCA-permitted off-site 
facility.
    The Management of Migration (MOM) component of the 1989 ROD 
required that contaminated groundwater containing concentrations above 
specified target cleanup goals be extracted from the ground and treated 
on-site using filtration and carbon adsorption. The 1989 ROD required 
active groundwater treatment to reduce the concentration of VOCs to 
their cleanup goals as a means of reducing the migration of PCBs.
    The Management of Migration portion of the selected remedial action 
was designed primarily to provide adequate protectiveness to human 
health from effects associated with potential future use of on-site 
groundwater, if left untreated. This was and is especially important 
since residents living in the immediate vicinity of the Site use 
residential well water as a potable drinking water source and no 
municipal water supply system currently serves these residents. 
Additionally, the continued presence and/or migration of the other 
organic contaminants in the on-site groundwater could potentially 
mobilize the relatively immobile particulate-bound PCBs also present in 
the groundwater.
    In 1996, EPA issued an Explanation of Significant Differences (ESD) 
for groundwater at the Site indicating that monitoring results 
subsequently demonstrated that the primary objective of the Management 
of Migration component of the ROD (to reduce the migration of PCBs) was 
achieved without the need for active treatment. Thus, the ESD concluded 
that there was no need to actively treat the groundwater and that 
institutional controls should be established on-site to prevent the 
installation of domestic wells.

Characterization of Risk

    The risk assessment performed as part of the RI for existing and 
future use scenarios determined that unacceptable risks existed from 
exposure to PCBs in soils and PCBs, VOCs, and lead in groundwater. The 
primary exposure pathways for both existing and future land use 
(residential) that showed unacceptable risk included: ingestion and 
dermal contact with PCBs in soils and ingestion of PCBs, VOCs and lead 
in groundwater.

Response Actions

    The 1989 ROD identified response actions for site soils and 
groundwater.

Soils

    In August 1989, EPA issued the remedial design work assignment to 
its fund lead contractor, Ebasco Services Incorporated. The remedial 
design was complete and submitted to EPA in June 1990. EPA awarded the 
remedial action contract in July 1990 to Ebasco Services Incorporated, 
who then awarded Stevenson Environmental Services, Inc. a remedial 
action subcontract in October 1990.
    On-site activities (specifically the initial excavation of the 
contaminated soil) began in July 1991. EPA's original approach for 
cleaning up contaminated soil at the Site consisted of the use of a 
solvent extraction system. The solvent extraction company initially 
hired to treat the Pinette's Site soil committed to deliver a fully 
fabricated unit to the Site. By the end of 1991, the company had still 
not delivered the necessary equipment. A second company was hired to 
install an alternate solvent extraction technology unit in April 1992 
and a solvent extraction unit was delivered to the Site in June of 
1992. Numerous mechanical and process problems ensued. By November 
1992, only 56 cubic yards of soil contaminated with 5 ppm [le] PCBs < 
50 ppm had been treated to meet the objectives of the ROD. Of these 56 
cubic yards, 42 cubic yards contained high levels of residual solvent. 
These soils required additional measures to reduce the solvent levels 
to acceptable levels for replacement in the ground. Work had progressed 
in other areas of the remediation during 1992. Approximately 281 cubic 
yards of soil contaminated with PCBs [ge] 50 ppm was excavated and 
incinerated and 440,000 gallons of contaminated groundwater was 
treated.
    As previously noted, the 1993 ROD Amendment recognized the 
infeasibility of solvent extraction within the required time frames. A 
new approach was developed which involved the disposal of soil 
contaminated with 5 ppm [le]PCBs < 500 ppm in a secure TSA-permitted 
landfill, and the incineration of soil contaminated with PCBs [ge]500 
ppm at a TSA-permitted off-site facility. Soil remediation at the Site 
was continued during 1993 and completed in early 1994 using excavation 
and off-site disposal. On September 1994, a Remedial Action Report was 
submitted signifying successful completion of construction activities.
    At the time of completion of the Source Control remedy, the 
concrete pad used for staging response activities was left at the Site. 
Supplemental PCB sampling of the concrete pad was conducted in June 
2001. Risk

[[Page 55190]]

assessment evaluation of the sampling results confirmed that the pad 
poses no significant risks at the Site.

Groundwater

    The Remedial Design for the Pinette's Site established performance 
standards for contaminated groundwater treatment based on the State of 
Maine, Bureau of Health Maximum Exposure Guidelines for drinking water. 
In order to meet these standards, during Source Control remediation 
work, the open excavation site was dewatered and the water was treated 
by flocculation, precipitation of suspended solids, filtration, and 
carbon adsorption.
    Groundwater sampling data collected during the MOM Pre-design 
studies (1993, 1994 and 1995) following the completion of the Source 
Control remedy indicated that the concentrations of VOCs had decreased 
to below or near the cleanup level established in the 1989 ROD. 
Decreases in VOC levels were attributable to the natural attenuation/
degradation of contaminants, to the extraction and treatment of over 
one million gallons of contaminated groundwater during Source Control 
remedial activities, and to improved groundwater sampling techniques.
    The 1989 ROD required active groundwater treatment to reduce the 
concentration of VOCs to their ROD cleanup levels as a means of 
reducing the migration of PCBs. The Pre-design monitoring results 
demonstrated that the primary objective of the Management of Migration 
component of the ROD had been achieved--PCB migration had been 
sufficiently reduced. The concentrations of VOCs were already below 
their cleanup levels. Furthermore, the migration of PCBs was 
sufficiently reduced; downgradient wells had not shown any 
contamination. Consequently, the ESD issued in 1996, determined that 
there was no need to actively treat the groundwater.
    The ESD also noted, that in monitoring wells, the maximum 
concentration of lead detected in unfiltered samples since EPA began 
using low flow sampling in 1995 was 14.5 ppb, below the cleanup level 
(as amended by the ESD) of 15 ppb. Also as indicated in the ESD, the 
maximum concentration of PCBs in unfiltered monitoring well samples 
detected since the low flow sampling began was 8.5 ppb, which was still 
above the ROD cleanup level of 0.5 ppb. VOCs for which ROD cleanup 
levels had been established for the Site were not detected in 
unfiltered samples above cleanup levels since low flow sampling began.
    The ESD recognized that despite the noted improvements, groundwater 
at the Pinette's Site still contained concentrations of PCB 
contaminants which would pose an unacceptable risk if ingested. 
Therefore, to prevent the ingestion and use of contaminated 
groundwater, the ESD indicated that institutional controls (e.g., deed 
restrictions and/or easements) would be established to prevent the 
installation of domestic wells on the Site. In January 2002, a modeling 
effort was performed to evaluate potential future PCB migration in 
groundwater at the Pinette's Site. Results of this modeling effort 
supported the appropriateness of the institutional controls which have 
been implemented at the Site. Institutional controls in the form of a 
declaration of restrictive covenant was established to prevent the 
installation of domestic wells within the restricted area.
    Finally, the ESD required that Five-Year Reviews of the Site be 
conducted to ensure that the remedy remained protective, so long as 
hazardous substances, pollutants or contaminants remain at the Site 
above levels that allow for unlimited use and unrestricted exposure. At 
a minimum, groundwater samples will continue to be collected from the 
monitoring well network to support these Five-Year Reviews.

Cleanup Standards

    Remedial action cleanup activities at the Site were consistent with 
the NCP, the ROD, the ROD Amendment, and the ESD, and in conjunction 
with institutional controls for groundwater use, provides protection to 
human health and the environment. Remedial Action plans for all phases 
of construction included appropriate quality assurance plans and 
incorporated all EPA and State quality assurance and quality control 
procedures and protocols (where necessary). All procedures and 
protocols were followed for soil, sediment, water and air sampling 
during the Remedial Action. EPA analytical methods were used for the 
confirmatory and monitoring samples during all Remedial Action 
activities. Appropriate EPA analytical methods were also used for all 
Pre-Design and Post-ESD groundwater monitoring at the Site. EPA has 
determined that the analytical results, having been validated, are 
accurate to the degree needed to assure satisfactory execution of the 
Remedial Action, and confirm the findings of the groundwater monitoring 
programs. These results show that the cleanup standards for PCBs in 
soils have been met, and are consistent with the ROD, ROD Amendment, 
and ESD and also Remedial Design plans and specifications. PCBs do 
remain in groundwater above the ROD cleanup level.

Operation and Maintenance

    Soils at the Pinette's Site have been cleaned up under the Source 
Control remedy, in accordance with the ROD and its Amendment. There 
will be no need for operation and maintenance activities for Source 
Control at the Site.
    There is no ongoing groundwater treatment at the Site, and no 
associated O&M requirements. However, as required by the ESD, 
institutional controls have been implemented at the Site to restrict 
groundwater use. Also as required by the ESD, Five-Year Reviews will be 
performed at the Site. Groundwater monitoring will be performed at the 
Site, as necessary to support these reviews.
    With respect to the Management of Migration remedy, the State will 
be responsible for enforcing the terms of the declaration of 
restrictive covenant. Enforcing this declaration of restrictive 
covenant shall constitute the operation and maintenance of this portion 
of the remedy.

Five-Year Review

    PCBs remain in groundwater at certain locations at the Pinette's 
Site, at concentrations that pose an unacceptable risk to human health 
if ingested. Pursuant to the ESD, institutional controls have been 
implemented to restrict groundwater use. In conjunction with 
institutional controls, the ESD also required the performance of Five-
Year Reviews. Therefore, pursuant to CERCLA section 121(c) and as 
provided in OSWER Directive 9355.7-03 B-P, June 2001, Five-Year Reviews 
will be necessary, so long as hazardous substances, pollutants or 
contaminants remain at the Site above levels that allow for unlimited 
use and unrestricted exposure.

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.
    Informational public meetings were held near the Site to keep local 
residents informed of response activities. The first meeting was held 
in March 1989 prior

[[Page 55191]]

to issuance of the original ROD. Representatives from EPA and Maine DEP 
were present. A public hearing was also held in April 1989. 
Subsequently, EPA held an informational meeting in March 1993 at the 
time of issuance of the amended ROD for the Site. In accordance with 
section 117(d) of CERCLA, the ESD became part of the Administrative 
Record which is available for public review at both EPA-New England 
Record Center in Boston, Massachusetts and the Washburn Town Hall in 
Washburn Maine.

Applicable Deletion Action

    One of the three criteria for site deletion specifies that EPA may 
delete a site from the NPL if ``all appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate.'' 40 CFR 300.425(e)(1)(ii). EPA, 
with the concurrence of the State of Maine, through the Department of 
Environmental Protection, believes that this criterion for deletion has 
been met. Subsequently, EPA is proposing deletion of this site from the 
NPL. Documents supporting this action are available from the docket.

State Concurrence

    In a letter dated July 15, 2002, the Maine Department of 
Environmental Protection concurs with the proposed deletion of the 
Pinette's Salvage Yard Superfund Site from the NPL.

    Dated: August 22, 2002.
Robert W. Varney,
Regional Administrator, U.S. EPA-New England.
[FR Doc. 02-22080 Filed 8-27-02; 8:45 am]
BILLING CODE 6560-50-P