[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18066-18072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7775]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9288-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Norwood PCBs Superfund Site

AGENCY: Environmental Protection Agency.

[[Page 18067]]


ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 is 
publishing a direct final Notice of Deletion of the Norwood PCBs 
Superfund Site (Site), located in Norwood 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 an appendix of 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 
Massachusetts Department of Environmental Protection (MassDEP), because 
EPA has determined that all appropriate response actions under CERCLA, 
other than operation, maintenance, and five-year reviews have been 
completed. However, this deletion does not preclude future actions 
under CERCLA.

DATES: This direct final deletion is effective May 31, 2011 unless EPA 
receives adverse comments by May 2, 2011. If adverse comment(s) 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: [email protected].
     Fax: 1-617-918-0327.
     Mail: Daniel Keefe, U.S. EPA Remedial Project Manager, 5 
Post Office Square (OSRR07-1), Boston, MA 02109-3912.
     Hand delivery to the following address: Daniel Keefe, 5 
Post Office Square (OSRR07-1), Boston, MA 02109. Such deliveries are 
only accepted during the EPA's normal hours of operation (9 a.m. to 5 
p.m.), and special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at either:

EPA Region 1 Record Center, 5 Post Office Square, Boston, MA 02109, 
Phone: 1-617-918-1440, Hours: Mon-Fri 8 a.m. to 5 p.m.
Norwood Morrill Memorial Library, 33 Walpole Street, Norwood, MA, 
Phone: 781-769-0200, Hours: Mon-Thurs 9 a.m. to 9 p.m.; Friday 10 a.m. 
to 5 p.m.; Saturday 9 a.m. to 5 p.m.; Sunday 2 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Daniel Keefe, Remedial Project 
Manager, U.S. Environmental Protection Agency Region 1; 5 Post Office 
Square, Boston, MA 02109; Mailcode: OSRR07-01, or by phone at (617) 
918-1327, or by e-mail at [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 Region 1 is publishing this direct final Notice of Deletion for 
the Norwood PCBs Superfund site (Site) thus removing the Site from the 
National Priorities List (NPL). 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) of 1980, as amended. EPA maintains the NPL 
as the list of sites that appear to present a significant risk to 
public health, welfare, or the environment. Sites on the NPL may be the 
subject of remedial actions financed by the Hazardous Substance 
Superfund (Fund). As described in 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for Fund-financed remedial actions 
if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective May 31, 2011 unless EPA receives 
adverse comments by May 2, 2011. Along with this direct final Notice of 
Deletion, EPA is co-publishing a Notice of Intent to Delete in the 
``Proposed Rules'' section of the Federal Register. If adverse comments 
are received within the 30-day public comment period on this deletion 
action, 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 procedures that EPA is using 
for this action. Section IV discusses the Norwood PCBs 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

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a

[[Page 18068]]

determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed 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, 
the taking of remedial measures is not appropriate.
    Pursuant to CERLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the Commonwealth of Massachusetts prior to 
developing this direct final Notice of Deletion and the Notice of 
Intent to Delete co-published today in the ``Proposed Rules'' section 
of the Federal Register.
    (2) EPA has provided the Commonwealth thirty (30) working days for 
review of this Notice and the parallel Notice of Intent to Delete prior 
to their publication today, and the Commonwealth, through the MassDEP, 
has concurred on 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 is being published in a major local newspaper, the 
Norwood Record. 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 placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion 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 Background and History

    The Norwood PCBs Superfund Site (CERCLIS No. MAD980670566) is 
located in Norwood, Massachusetts, approximately 14 miles southwest of 
the City of Boston. Land use consists predominately of industrial/
commercial properties and associated parking areas in an industrial/
commercial area. To the north, the Site is bordered by residential 
properties, to the east by Route 1 and the Dean Street access road, to 
the south by Dean Street, and to the west by residential properties. 
The northern portion of the Site consists of a portion of Meadow Brook.
    Contamination originated from disposal practices of the parties who 
owned the property or operated businesses on the Site (the Facility). 
The former on-site building was constructed in 1942 by Bendix Aviation 
Corporation, which produced navigational control systems for the U.S. 
Navy. In October 1947, the land was purchased by Tobe Deutschman 
Corporation, which manufactured electrical equipment. The property was 
purchased in 1956 by Cornell-Dubilier Electronics, Inc., which also 
manufactured electrical equipment at the facility. In January 1960, the 
property was owned by Maryvale Corporation, and was then purchased by 
the Friedland brothers. The Friedland brothers leased the property to 
Federal Pacific Electric Company, which held the lease on the property 
until October 1979. During the period from 1960 to 1979, Federal 
Pacific Electric Company operated a business at the Site, and sublet 
portions of the facility to Cornell-Dubilier Electronics, Inc. and to 
Arrow Hart Corporation, which also manufactured electrical equipment. 
In 1979, the Site was subdivided. The northeastern portion of the Site, 
approximately 9 acres, was purchased by Grant Gear Realty Trust, which 
leased the facility to Grant Gear Works, Inc., to produce gears for 
various industries. The southern and western portions of the Site, 
approximately 16 acres, were purchased by Paul Birmingham, Paul 
Reardon, and Jack Reardon who further subdivided the property into 
seven lots and added a new private way (Kerry Place). On the east site 
of the Site runs Meadow Brook through a property owned by the Town of 
Norwood which contains a town sewer easement.
    In 1983, MassDEP received a call from an abutting resident 
reporting past industrial waste dumping and contamination in the then 
vacant field of Kerry Place. As a result, an initial investigation was 
conducted which confirmed the presence of PCBs. EPA contractors 
assisted MassDEP with the collection of samples and based on these 
findings, it was determined that an emergency removal was warranted. 
EPA removed and disposed (off-site) 518 tons of contaminated soil. 
During the removal, water samples taken from the storm drain system 
behind the Grant Gear Building indicated low levels of PCBs. In October 
1984, the Site was proposed for inclusion on the NPL (49 FR 40320) and 
was formally added on June 10, 1986 (51 FR 21054).

Remedial Investigation and Feasibility Study (RI/FS)

    The Remedial Investigations/Feasibility Study (RI/FS) was completed 
in 1989. During the investigation the following media were evaluated: 
air, surface soil, subsurface soil, dredge piles, Meadow Brook 
sediments, surface water, groundwater, and the Grant Gear Building. The 
highest concentration of PCBs in soil was in a former disposal area in 
the western and northern portions of the Grant Gear property where up 
to 26,000 parts per million (ppm) were identified. The estimated total 
volume of contaminated soil in both saturated and unsaturated soil with 
PCB concentrations greater than 10 ppm was 31,550 cubic yards (yd\3\). 
Soils were also found to be contaminated, although to a lesser extent, 
with VOCs, SVOCs and metals.

[[Page 18069]]

    Contaminants released to Meadow Brook included PCBs, VOCs, and 
metals. Within sediments, the primary transport mechanism for PCBs was 
the movement of sediment to which the PCBs are attached. PCBs detected 
in sediment ranged up to 1,100 ppm in Meadow Brook and up to 3,850 ppm 
in former sediment dredge piles.
    With regard to groundwater, contaminants include PCBs, VOCs and 
SVOCs with the highest concentrations generally being detected west of 
the former Grant Gear building. Groundwater contamination was detected 
in both overburden and bedrock aquifers with trichloroethylene having 
the highest concentration (1,800 parts per billion (ppb)) in overburden 
and vinyl chloride in bedrock (110 ppb).

Selected Remedy

    In September 1989, EPA issued a ROD for the Norwood PCBs site. The 
Remedial Action Objectives outlined in the 1989 ROD to address 
contaminated buildings, soils, sediments, and groundwater at the Site 
are as follows:
     To minimize the continued release of hazardous substances 
to Meadow Brook.
     To reduce risks to workers associated with direct contact 
with PCB-contaminated surfaces.
     To reduce risks to workers associated with inhalation of 
airborne PCBs within the Grant Gear Building.
     Reduce risks posed by direct contact with soil 
contaminated with PCBs and P AHs.
     Reduce risks posed by incidental ingestion of soils 
contaminated with PCBs and PAHs.
     Mitigate any future impacts of such remedial activities to 
Meadow Brook and the surrounding wetland areas.
     Minimize migration of VOCs to groundwater.
     Reduce, within a reasonable time frame, risks to workers 
posed by inhalation of airborne contaminants volatilized from 
groundwater.
     Reduce risks to human health and the environment from 
current and future migration of contaminants in groundwater.
    Major components of the 1989 remedy include:
     Decontamination of surfaces of machinery, equipment, and 
floors within the plant areas of the Grant Gear Building;
     Excavation of approximately 34,000 cubic yards of PCB-
contaminated soils and sediments and treatment by solvent extraction;
     Backfilling of soils and sediments to be covered with 
asphalt or clean fill;
     Construction and operation of a Groundwater Treatment 
Plant (GWTP) to remediate groundwater;
     Restoration of impacted wetlands;
     Long-term monitoring; and
     Institutional controls (ICs)
    As a result of higher than anticipated solvent extraction costs and 
logistical problems with its implementation, and in consideration of 
the likely commercial/industrial reuse of the property, EPA issued a 
ROD Amendment in May 1996. The ROD Amendment included the demolition of 
the Grant Gear building, the excavation and consolidation of 
contaminated soils and sediments on site, and the construction of a 
permanent cap. Soil and sediment clean-up goals were further modified 
as discussed in the Cleanup Goals section.
    In accordance with EPA's 1996 Final Ground Water Use and Value 
Determination Guidance, in May 2001, MassDEP submitted a ``low'' use 
and value determination for the groundwater at and in the vicinity of 
the Site. This determination was made based on the aquifer's 
classification as a non-potential drinking water source area, as well 
as the fact that nearby residential and commercial properties are 
supplied by public, municipal drinking water sources.
    As a result of MassDEP's ``low'' use and value determination, the 
contaminant exposure pathways and exposure assumptions used for the ROD 
were re-evaluated. Accordingly, supplemental risk assessment activities 
were initiated in 2001 and were completed in 2004. As the result of 
these assessments, revised groundwater clean-up levels, or risk-based 
action levels (RBALs), were calculated. These were subsequently adopted 
as groundwater Cleanup goals in a 2005 Explanation of Significant 
Differences (ESD). Current groundwater clean-up goals are listed in the 
Clean-up Goal section.

Response Actions

    Remedial activities were completed in a single Operable Unit (OU); 
however, the activities consisted of the following phases: Phase 1 was 
completed by the EPA and consisted of groundwater treatment plant 
construction and operation; Phase 2 was conducted by the Settling 
Parties and consisted of building demolition; Phase 3 was conducted 
jointly by the Settling Parties and EPA and consisted of the 
construction of a cap and cover over consolidated contaminated soil and 
sediments (Phase 3A--Settling Party-lead) and Meadow Brook Restoration 
(Phase 3B--EPA lead).
    For EPA-lead activities, such as the GWTP, the design criteria were 
set forth in the final ``Plans and Specifications for the Groundwater 
Remediation at the Norwood PCB Superfund Site'' prepared by Metcalf & 
Eddy, Inc. on behalf of EPA in 1994. Meadow Brook Restoration Phase 
(Phase 3b) was completed in accordance with a UASCE Statement of Work 
(SOW), which included design details provided by the Town of Norwood as 
part of its flood control/flood mitigation project. Design criteria for 
the Settling Party-lead cleanup work (to address risks associated with 
the former Grant Gear facility and its operations) were set forth in 
the Statement of Work (SOW) which was part of a 1996 Consent Decree 
with former owners and operators of the Facility (hereafter referred to 
as the ``Facility CD'') as well as the Remedial Action Work Plans 
submitted by the Settling Parties and approved by EPA consistent with 
the SOW.
Sediment
    The Settling Parties performed excavation of sediments in Meadow 
Brook from April 1997 through July 1998. The Meadow Brook remediation 
was divided into three sections referred to as Reach 1, 2, and 3. The 
excavation of Reach 1 was completed with excavation limits determined 
by the Town of Norwood as this section of the Brook was also targeted 
for sediment removal as part of the Town's flood control/flood 
mitigation project. Following the excavation of Reach 1 to grades 
provided by the Town, an area of stained soils was evident at/below a 
former drainage outfall pipe. Based on the analytical results showing 
PCBs greater than 1 ppm, a limited removal of the stained sediment was 
performed. In total, approximately 2,500 yd\3\ of material was 
excavated from Reach 1including 85 yd\3\ of stained soil.
    The excavation of Reaches 2 and 3 was performed in two phases--the 
first consisted of sediment removal from the arched culvert section at 
Dean Street, and the second consisted of sediment removal from the box 
culvert section. Once clean-up levels (1 ppm in sediment) were 
achieved, sediment removal activities were terminated. Approximately 
2,300 yd\3\ of material was excavated from these reaches.
Soil
    Soils with PCB concentrations exceeding the appropriate clean-up 
levels were excavated from several on-property areas. In addition, a 
trichlorobenzene (TCB)-contaminated soil area was identified west of 
the former Grant Gear building; this was

[[Page 18070]]

also excavated. Approximately 5,900 yd\3\ of PCB-contaminated soil was 
excavated from the North Cover Area and stockpiled for placement under 
the cap/cover. Approximately 2,600 yd\3\ of PCB-contaminated soil was 
excavated from the South Cover Area and stockpiled for placement under 
the cap/cover.
    With regard to off-property soils, several areas were identified 
with PCB concentrations exceeding the appropriate clean-up levels. 
During the remediation of Reach 1 of Meadow Brook, PCB-contaminated 
soils were identified along the North Bank Wooded Area. Approximately 
100 yd\3\ of soil was excavated and stockpiled for placement under the 
cap/cover. In addition, PCB-contaminated soils were discovered along 
the South Bank Wooded Area resulting in the excavation of approximately 
780 yd\3\ of soil.
    Beginning in 1997, the stockpiled soils were further consolidated 
on-site. Materials with PCB concentrations exceeding the risk-based, 
site-specific industrial/commercial clean-up levels (of 70 ppm) were 
placed within the limits of the asphalt cap. Materials with PCB 
concentrations below clean-up level of 70 ppm, but above 40 ppm, were 
placed within the limits of the cover areas. During soil excavation and 
consolidation, on-site underground storage tanks (USTs) were also 
removed before the cap and cover were installed. After the PCB-
contaminated materials had been placed, the areas were prepared for the 
installation of the cap and covers. Once the fill was placed to the 
appropriate grade 12 inches below the final grade in capped and covered 
areas, a non-woven geotextile filter fabric was laid across the areas. 
Subsequently, an asphalt Cap or gravel cover was installed in the 
appropriate areas.
Groundwater
    The selected remedy for the management of groundwater migration 
included the collection of groundwater using an extraction system 
consisting shallow extraction wells and the construction of a GWTP 
consisting of carbon adsorption, air stripping, precipitation, and 
filtration. The GWTP was constructed in 1995 and deemed operational and 
functional in February 1997.
    The groundwater treatment system was operational until it was shut 
down (at that time temporarily) in June of 2000. As a result of the 
revised groundwater classification and ``low'' use and value ascribed 
by MassDEP in 2001, groundwater cleanup goals were further modified in 
an 2005 ESD. Subsequently, EPA determined that no further groundwater 
clean-up was warranted as revised clean-up goals were being met. The 
GWTP was dismantled in March 2008 just prior to property redevelopment.
Institutional Controls
    As required by a Prospective Purchaser Agreement (PPA) entered in 
1997 between the owner and the EPA, the Owner updated and recorded 
(with the Norfolk County Registry of Deeds) updated ICs in the form of 
a Grant of Environmental Restrictions and Easement (GERE). The GERE was 
recorded in March 2008 and entered into Book No. 25628, Page No. 534. 
The GERE restricts certain activities such as day care, residential 
use, and groundwater withdrawal (among others) and permits other 
activities, such as excavation, provided certain safety procedures are 
followed and approvals obtained. Under the terms of a 1997 Consent 
Decree (hereafter referred to as the ``Meadow Brook CD'') the Town of 
Norwood also established ICs on the Meadow Brook parcel (recorded at 
Book No. 26407, Page No. 129).

Cleanup Goals

    The cleanup goals for PBCs in soil and sediment were modified as a 
result the 1996 ROD Amendment (see table below):

----------------------------------------------------------------------------------------------------------------
                Property                               1989 ROD                           1996 ROD-A
----------------------------------------------------------------------------------------------------------------
Grant Gear Property....................  10 ppm.............................  40 ppm surface.
                                                                              70 ppm subsurface.
Adjacent Commercial Property...........  25 ppm.............................  40 ppm surface.
                                                                              70 ppm subsurface.
Soil between Grant Gear and Meadow       1 ppm..............................  10 ppm surface.
 Brook.                                                                       50 ppm subsurface.
Sediment...............................  1 ppm..............................  1 ppm.
Residential Properties.................  1 ppm..............................  No action required.
----------------------------------------------------------------------------------------------------------------

    Contaminated soil and sediment were excavated and consolidated on 
property for placement within the cap or cover depending on the level 
of contamination. Post-excavation sampling was conducted and described 
in the remedial action Remediation Completion Report prepared by 
consultants on behalf of the Settling Parties.
    With regard to Groundwater, as described previously, the 
Commonwealth of Massachusetts classified groundwater beneath and 
adjacent to the site as ``Low'' use and value. A ``Low'' designation 
indicates that it is not a future drinking water source. Accordingly, 
change to the original GW cleanup goals (which were based on MCLs) were 
documented in the 2005 ESD and are summarized below:

------------------------------------------------------------------------
          Contaminant                 1989 ROD             2005 ESD
------------------------------------------------------------------------
Trichloroethene...............  5 ppb..............  108 ppb.
Tetrachloroethene.............  5 ppb..............  37 ppb.
Vinyl Chloride................  2 ppb..............  310 ppb.
Total 1,2-dichloroethenes.....  175 ppb............  3660 ppb.
1,2,4-trichlorobenzene........  350 ppb............  34 ppb.
1,4-dichlorobenzene...........  5 ppb..............  4.6 ppb.
------------------------------------------------------------------------

    EPA conducted quarterly groundwater monitoring from April 1996 
until October 2002 which coincided with the period of GWTP operation 
and shortly thereafter. Surface water samples were also periodically 
collected from

[[Page 18071]]

Meadow Brook. Several years after plant shutdown (i.e. in 2005), EPA 
completed a final comprehensive groundwater evaluation and the 
resulting report documented no ROD-specified contaminants in 
groundwater above their respective groundwater clean-up goals 
established in the ESD. Having confirmed that all groundwater clean-up 
goals were being met (approximately 5 years after GWTP shut down), it 
was determined by USEPA and MassDEP that the GWTP was no longer 
necessary.

Operation and Maintenance

    As described previously, remedial activities were completed in 3 
phases (the third phase consisting of both a Phase 3A and Phase 3B).
Phase 1--Groundwater Treatment Plant
    Based on achieving revised groundwater clean-up goals modified in 
the 2005 ESD, in 2006, EPA determined that the GWTP had reached the end 
of its ``useful life'' for all uses relative to site response 
activities. Accordingly, EPA proceeded to remove chemical processing 
equipment from the GWTP and decommission extraction and monitoring 
wells that were not part of the long-term monitoring. In a letter dated 
April 5, 2007, EPA provided notice to the owner that, as per the PPA, 
EPA had completed its decommissioning activities. Subsequently, on May 
16, 2007, EPA received notice from the owner of his intention not to 
reuse the GWTP building. A work plan for its dismantling was submitted 
and approved in September 2007. The building was removed in the Spring 
of 2008. No long-term O&M of the treatment plant is required. On-going 
evaluation of groundwater is provided by groundwater samples collected 
by the Settling Parties to the Facility CD as part of their on-going 
O&M of the Cap and Covers (see Phase 3A below).
Phase 2--Building Demolition
    The building demolition phase took place immediately prior to and 
in connection with the relocation of soil and sediment, and the 
construction of the cap and covers. Accordingly there is no O&M 
associated with this RA.
Phase 3A--Cap and Covers
    The O&M and Environmental Monitoring Plans (EMP) were approved in 
November 2004. Consistent with these plans, the Settling Parties to the 
Facility CD annually inspect the cap and covers. As a result of 
redevelopment, certain cover areas have been replaced with a new type 
of cover (referred to as ``foundation cover''). In addition, certain 
monitoring wells selected for long-term monitoring have been re-
located. Accordingly, revised O&M and EMP plans were submitted in April 
2010 and subsequently approved in January 2011.
Phase 3B--Meadow Brook Restoration
    At the completion of this restoration, and in light of design 
details provided by the Town of Norwood to insure consistency with 
other flood mitigation projects, an Operation Manual was provided to 
the Town of Norwood in 2000. The Operation Manual described recommended 
procedures and inspections to ensure that the completed project 
continues to function as designed and that the flood control 
infrastructure remains in place to prevent the release of any 
subsurface contamination.
Institutional Controls
    EPA and the State will periodically (not less than annually) 
inspect the property to insure that usage has not deviated from those 
allowed by the ICs. Under the GERE recorded on the Facility property, 
the landowner is obligated to follow procedures to ensure that Site 
redevelopment does not damage components of the remedy. On the Meadow 
Brook property, the Town is obligated under the terms of the Meadow 
Brook CD to ensure that no release of subsurface contamination occurs 
either in its maintenance of flood control structures or its sewer 
easement through the area. The status and protectiveness of these IC 
will be summarized in successive five year reviews.

Redevelopment

    In 1997, the 9-acre Grant Gear property was sold and the new owner 
obtained a PPA from EPA which required the owner to guarantee continued 
site access, dismantle the Groundwater Treatment Plant (GWTP) building 
(when it had reached the end of its ``useful life''), as well as record 
updated Institutional Controls. Subsequently (early 2000s), the owner 
entered a 99-year ground lease with a commercial/retail developer. In 
2003, the developer proposed a large (> 150,000 square feet) 
redevelopment; however, this would have been situated predominantly 
over the remedial cap and would have required excavation into 
contaminated soil. Based on local concerns associated with disturbing 
the capped area, traffic, and other local land use issues, this 
redevelopment was not approved by the Town.
    Thus, in 2007, a different commercial/retail developer proposed 
modifications to the original redevelopment plan including the 
construction of buildings around the footprint of the capped portion of 
the site. This reuse would ensure that none of the highest-contaminated 
material would be exposed. The revised work plan for redevelopment 
(WPR) was approved by EPA and MassDEP in March 2008, after which the 
developer received the necessary Town approvals. Construction ensued in 
May 2008 and was substantially complete in October 2008.
    As a precaution and to ensure against the accumulation of vapors 
from groundwater to indoor air, a passive vapor mitigation system was 
required and installed in each of the commercial building. As required 
in the WPR, post construction and prior to occupancy, sub-slab air 
samples were collected and analyzed and a risk assessment completed. 
Based on this analysis, the risks were found to be acceptable (i.e., 
less than 1 x 10-\6\) for a future commercial worker. 
Moreover, based on local zoning as well as restriction recorded against 
the property (described further below), residential use is prohibited. 
In the future, as necessary and pending future monitoring results, the 
sub-slab ventilation systems can be made to be actively vented with the 
addition of blowers or vacuum pumps.
    Presently, two buildings totaling 56,000 square feet of commercial/
retail space are situated on the Norwood PCBs site. The cap, under 
which is located the highest concentrations of PCBs, serves as a 
central parking lot for the development. To date, the development is 
not occupied.

Five-Year Review

    Since hazardous substances will remain on the site above levels 
allowing for unlimited use and unrestricted exposure, statutory five 
year reviews have been conducted by EPA pursuant to CERCLA Section 121 
C as provided in OSWER Directive 9355.7-03B-P, Comprehensive Five-Year 
Review Guidance.
    The First Five-Year Review, dated 30 December 1999, concluded that 
the remedy was protective and recommended that, in light of the State's 
reclassification of groundwater, a risk assessment be competed. Upon 
attaining revised risk-based clean-up levels, groundwater treatment was 
no longer required, but monitoring was continued to verify that revised 
groundwater standards would continue to be met.
    The Second Five-Year Review, dated 29 December 2004, concluded that 
the remedy was short-term protective of human health and the 
environment based on continued compliance with

[[Page 18072]]

new clean-up goals. In addition, O&M plans were submitted for both the 
Facility and Meadow Brook properties. The 2004 review also concluded 
that in order for the remedy to remain protective in the long-term, the 
following actions needed to be taken: 1. updated institutional controls 
needed to be recorded, and 2. Operation and Maintenance (including 
monitoring) needed to be conducted regularly [both of which have since 
occurred].
    The Third Five-Year Review, completed in December 2009, concluded 
that the remedy at the Norwood PCBs Site continues to protect human 
health and the environment through meeting groundwater clean-up goals, 
the establishment of institutional controls, and the maintenance of 
remedy infrastructure concurrently during redevelopment of the Site. 
The 2009 Five Year Review also concluded that in order for the remedy 
to remain protective, the Operation & Maintenance (O&M) Plan and 
Environmental Monitoring Plan (EMP) must be updated to reflect changes 
in site conditions as a result of the redevelopment. These have been 
updated and approved (January 2011).
    The Fourth Five-Year Review is due in December 2014.

Community Involvement

    EPA community participation at the site has taken many forms. In 
addition to statutorily-required meetings and public hearings 
associated with the 1989 ROD and 1996 ROD Amendment, EPA has 
participated in numerous other outreach activities. EPA conducted 
public outreach during each of the three five-year reviews. EPA 
prepared updated Fact Sheets in 2003, 2005, and 2007. The Fact Sheets 
were distributed to mailing list recipients as well as hand-distributed 
to all abutting residences and business owners. Extra copies of the 
fact sheets have been made available to the public at the following 
locations: the Norwood Public library and Norwood Town Hall.
    In addition, EPA has attended numerous Public Meetings during the 
site redevelopment approval process. All Community Involvement 
activities required and in association with this proposed deletion have 
been completed, including the publication of a notice in a local 
newspaper of general circulation regarding this proposed deletion and 
the availability of documents located in the Deletion Docket.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The NCP specifies that EPA may delete a site from the NPL if ``all 
appropriate responsible parties or other persons have implemented all 
appropriate response actions required'' or ``all appropriate fund-
financed response under CERCLA has been implemented, and no further 
response action by responsible parties is appropriate''. EPA, with the 
concurrence of the Commonwealth of Massachusetts through the MassDEP by 
a letter dated [Date], believes these criteria for deletion have been 
satisfied. Therefore, EPA is proposing the deletion of the site from 
the NPL. All of the completion requirements for the site have been met 
as described in the Norwood PCBs Final Close Out Report (FCOR) dated 
September 2009.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth of Massachusetts 
through the MassDEP has determined that all appropriate response 
actions under CERCLA, other than operation and maintenance, routine 
monitoring, and five year reviews, have been completed. 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. This action will 
be effective May 31, 2011 unless EPA receives adverse comments by May 
2, 2011. 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 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 17, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

0
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 to Part 300 [Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ''Norwood 
PCBs'', ``Norwood, MA''.

[FR Doc. 2011-7775 Filed 3-31-11; 8:45 am]
BILLING CODE 6560-50-P