[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31263-31267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14112]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL 9964-03-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

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 Shpack Landfill 
Superfund Site (Site), located on Union Rd. and Peckham Streets in 
Norton and Attleboro, 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 
State 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, monitoring, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: This direct final deletion is effective September 5, 2017 unless 
EPA receives adverse comments by August 7, 2017. 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Comments may also be submitted by 
email or mail to Elaine Stanley, Remedial Project Manager, Office of 
Site Remediation and Restoration, Mail Code: OSRR07-4, U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, MA 02109-3912, email address: [email protected] or 
Sarah White, Community Involvement Coordinator, Office of the Regional 
Administrator, Mail Code: ORA01-1, US Environmental Protection Agency 
at EPA--Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone: 617-918-1026, email: [email protected]. Once 
submitted, comments cannot be edited or removed from Regulations.gov. 
The EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the site information repositories.
    Locations, contacts, phone numbers and viewing hours are:
     U.S. EPA Region I, Superfund Records Center, 5 Post Office 
Square, Suite 100, Boston, MA 02109, Phone:

[[Page 31264]]

617-918-1440, Monday-Friday: 9:00 a.m.-5:00 p.m., Saturday and Sunday--
Closed and
     The Norton Public Library, 68 East Main Street, Norton, MA 
02766, Phone: 508-285-0265, Monday, Tuesday, and Thursday: 10:00 a.m.-
7: pm, Wednesday: 10am-3 p.m., Friday: 10am-2 p.m., Saturday: Closed 
until 9/10 Sunday--Closed

FOR FURTHER INFORMATION CONTACT: Elaine Stanley, Remedial Project 
Manager, Office of Site Remediation and Restoration, Mail Code: OSRR07-
4, U.S. Environmental Protection Agency, Region 1, 5 Post Office 
Square, Suite 100, Boston, MA 02109-3912, telephone number: 617-918-
1332, fax number: 617-918-0332, email address: [email protected] 
or Sarah White, Community Involvement Coordinator, Office of the 
Regional Administrator, Mail Code: ORA01-1, US Environmental Protection 
Agency at EPA--Region 1, 5 Post Office Square, Suite 100, Mail Code 
ORA01-1, Boston, MA 02109-3912, telephone: 617-918-1026, fax number: 
617-918-0026, email: [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 of 
the Shpack Landfill 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.
    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 Shpack Landfill 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 
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 CERCLA 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 state 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 state 30 working days for an opportunity 
to review of this notice and the parallel Notice of Intent to Delete 
prior to their publication today, and the state, through the 
Massachusetts Department of Environmental Protection (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 Sun 
Chronicle, Attleboro, MA. 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 Shpack Landfill Superfund Site, CERCLIS ID No. MAD980503973, is 
bordered to the north and northwest by Peckham Street (Attleboro) and 
Union Road (Norton); to the west and southwest by an approximately 55-
acre municipal and industrial landfill owned by Attleboro Landfill Inc. 
(ALI); and on the southeast, east, and northeast by the Chartley Swamp. 
The Site covers approximately 9.4 acres and was operated as a landfill 
from 1946 until the early 1970s, receiving domestic and industrial 
waste, including low-level radioactive waste. In 1978, the Nuclear 
Regulatory Commission (NRC) conducted radiological surveys at the Site, 
detecting radium and uranium within the landfill after being contacted 
by a concerned citizen who had detected elevated radiation levels in 
the area. In 1980, the Site was added to the Department of Energy's 
(DOE) Formerly

[[Page 31265]]

Utilized Sites Remedial Action Program (FUSRAP), which dealt with the 
legacy of the nation's early atomic energy programs. Responsibility was 
later transferred from DOE to the United States Army Corps of Engineers 
(USACE). Municipal water supplies did not extend to the area around the 
Site and there were 27 private wells located within 1-mile of the Site. 
In 1984, EPA evaluated the Site to determine if it should be listed on 
the National Priorities List (NPL) and found volatile organic compounds 
(VOCs) and metals in groundwater. The site was proposed to the NPL on 
October 15, 1984 (49 FR 40320). On June 14, 1986 (51 FR 21054), the 
Site was added to the NPL.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS was completed in 2003. As part of the investigation, 
soil, surface water, groundwater, sediments and air were evaluated. 
Among the primary contaminants identified at the Site were radium and 
uranium; volatile organic contaminants (VOCs); heavy metals such as 
nickel, cadmium, copper, lead and mercury; dioxin, polychlorinated 
biphenyls (PCBs) and per/cyclic aromatic hydrocarbons (PAHs). The RI 
found that the primary risks at the Site were to residents exposed to 
contaminants by using the groundwater as drinking water; recreational 
visitors exposed to contaminated soil or sediment; workers on the Site; 
and to wildlife from contaminated sediments in the wetland. The FS 
evaluated alternatives with various degrees of excavation and off-site 
disposal of contaminants, consolidation of remaining contaminated soil 
and sediments under a multi-barrier cap and providing water line to 
nearby residents.

Selected Remedy

    To address the risks presented by exposure to contaminants, EPA 
issued a Record of Decision (ROD) for the cleanup of the Site in 
September 2004. The ROD encompasses two response actions: One managed 
by the USACE under FUSRAP and the other managed by EPA under CERCLA.
    The ROD identified the following remedial action objectives (RAOs):
    Source Control: Soil--prevent ingestion, direct contact and 
inhalation with soil which contains contaminants in concentrations that 
exceed Federal and State standards; prevent ingestion, direct contact 
and inhalation with soil which have no enforceable Federal or State 
standards but which pose an unacceptable human health risk, and prevent 
exposure to contaminants in soil which present an unacceptable risk to 
the environment. Sediment--prevent exposure to contaminants in sediment 
which present an unacceptable risk to human health and/or environment. 
Surface water--reduce migration of contamination from site to surface 
water which present an unacceptable risk to human health and the 
environment.
    Management of Migration: Prevent ingestion of water which contains 
contaminants in concentrations that exceed Maximum Contaminants Levels 
(MCLs), non-zero Maximum Contaminants Level Goals (MCLGs) and/or pose 
an unacceptable human health risk and/or unacceptable risk to the 
environment.
    In response to the RAOs, the remedy included the following major 
components: Extension of the public water supply line; excavation and 
off-site disposal of soil and sediment with contaminant concentrations 
exceeding the cleanup levels specified in the ROD; placement of clean 
fill in excavated areas to grade and/or wetlands restoration/
replication; relocation of existing power line structures, as needed, 
and traffic control plan to implement necessary soil removal and 
backfill actions; implementation of a surface water, sediment, and 
groundwater monitoring program; implementation of institutional 
controls necessary to restrict future use of property and groundwater, 
and monitoring compliance with institutional controls.
    This remedy was based on the commitment by MassDEP to no longer 
consider this portion of the aquifer as a current or future water 
supply under the Massachusetts Contingency Plan once the remedial 
action is implemented, the two private drinking water supply wells 
abandoned, and Notices of Activity and Use Limitation (NAULs) were 
placed on the properties prohibiting the future use of groundwater. 
Since those conditions have been met, MassDEP revised its Groundwater 
Use and Value Determination to a low use and value, and EPA considers 
the groundwater not suitable as a drinking water source.

Response Actions

FUSRAP Remedial Action
    The FUSRAP Remedial Action was performed by USACE and required 
excavation and disposal of contaminated materials within the Landfill 
Interior portion of the Site. The action began in August 2005 and after 
excavation began, it was determined that the horizontal and vertical 
extent of radiological contamination was more extensive than estimated 
in the ROD. The FUSRAP activities originally initiated in 2005 resumed 
in June 2007 and were completed in October 2011. To manage groundwater, 
all pumped water was infiltrated on-site after treatment utilizing 
settling tanks, sand filtration vessels and bag filters.
    A total of 57,805 cubic yards of material was excavated, of which 
50,908 cubic yards were transported off-site for disposal. All wastes 
shipped off-site were ultimately transported by rail to the Energy 
Solutions disposal facility in Clive, Utah, a facility licensed for 
disposal of LLRW and/or mixed wastes. The USACE completed the Remedial 
Action Completion Report--Radiological Contamination in May 2012 
documenting all completed FUSRAP-related remedial action activities at 
the site.
CERCLA Remedial Action
    The CERCLA Remedial Action was performed by the Performing 
Defendants under a Remedial Design/Remedial Action Consent Decree 
entered on January 27, 2009 in the U.S. District Court in Boston for 
the remainder of the site cleanup. The public water supply line 
extension was complete in October 2012, extending The City of Attleboro 
public water supply line approximately 2,600 feet along Peckham Street, 
to within 500 feet of the Site, prior to on-site remedial construction 
activities. The on-site CERCLA Remedial Action began in June 2013. 
CERCLA wastes requiring excavation and disposal were located within the 
Tongue Area, Inner Rung, and ALI Debris Area (ALIDA) portions of the 
Site. Management of extracted groundwater utilized a treatment system 
for removal of entrained solids prior to on-site infiltration into site 
soils. Initial wetland and upland plantings and seeding were completed 
in November and December 2013. CERCLA remedial construction was 
completed in December 2013. A total of 27,083 tons of waste material 
was transported off-site for disposal. The material included the 
following waste classifications: Special Nuclear Material (SNM) non-
hazardous; hazardous waste (leachable cadmium); non-hazardous waste; 
asbestos in soil (AIS); and non-hazardous asbestos-containing building 
materials. Overall, approximately 79 percent of the wastes removed from 
the Site were transported by rail to the US Ecology disposal facility 
in Grand View, Idaho. Most of the remaining wastes (approximately 20 
percent of the total) were classified as non-hazardous and were 
transported by truck to the Waste Management Turnkey Landfill in 
Rochester, New Hampshire. The remaining wastes contained asbestos

[[Page 31266]]

and were shipped to a construction debris landfill licensed to accept 
asbestos.

Cleanup Levels

FUSRAP Remedial Action
    In accordance with the requirements of the Multi-Agency Radiation 
Survey and Site Investigation Manual, (MARSSIM), Revision 1 (August 
2000), all excavated areas within the landfill interior required 
independent verification to ensure that site-specific cleanup criteria 
for radiological contaminants were met. The Final FSS Report, Shpack 
FUSRAP Superfund Landfill Site, Norton/Attleboro, Massachusetts (which 
included the Final Status Survey (FSS)) was issued in May 2012. The FSS 
included collection of confirmation samples from excavation floors and 
sidewalls prior to backfill of each excavation area. Excavations were 
backfilled only after FSS sampling and on-site lab analytical results 
confirmed that radiological contaminants were below cleanup criteria. 
Further information can be found in the FSS Report listed above.
CERCLA Remedial Action
    The Inner Rung was a portion of Chartley Swamp that was slated for 
remedial activities due to ecological risk. To address potential risk 
to benthic organisms in the wetland ecosystem, the excavation removed 
the top 2 feet of material throughout the area. The restoration of the 
area included placement of a 1-foot thick layer of clean fill followed 
by placement of a 1-foot-thick layer of wetland topsoil to meet the 
pre-existing grades. Approximately 5,680 tons of waste material 
generated from the Inner Rung activities were removed and disposed of 
off Site. The Chemical-Only Soil Stockpile consisted of materials 
excavated by the USACE as part of the FUSRAP response actions. Based on 
information provided by the USACE, impacts to this material exceeded 
the ROD chemical cleanup criteria, but did not exceed ROD radiological 
criteria. The USACE secured the stockpile to protect it from the 
elements following its demobilization from the Site. Approximately 
3,580 tons of waste material from the Chemical-Only Soil Stockpile were 
removed and disposed of off-Site. The ALI Debris Area (ALIDA) was a 
portion of the Shpack Landfill Interior that was the location of a 
reported slope failure from the ALI Landfill. The material in this area 
consisted of ALI municipal landfill debris underlain by industrial 
landfill debris associated with the Shpack Landfill. The USACE 
excavated 17 test pits in the ALI Landfill Debris Area during the 
FUSRAP activities in 2005. The USACE's test pit data indicated that 
that material exceeded several of the ROD cleanup goals for chemical 
compounds, but not the radioactive ones. Approximately 7,970 tons of 
waste material from the ALIDA were removed down to native peat material 
and disposed of off-Site. Waste and debris from a fire at an industrial 
plastics manufacturing facility were reportedly disposed of in the 
Tongue Area which extended from the Shpack Landfill Interior toward the 
Inner Rung. Approximately 9,680 tons of waste material were removed 
from the Tongue Area down to native peat material and disposed of off-
Site. The Remedial Action required disturbance of approximately 203,500 
square feet of wetlands to remove waste materials and to restore the 
wetlands impacted by the FUSRAP response actions. The final square 
footage of wetlands restored and created on-site during the RA is 
approximately 231,313 square feet.

Operation and Maintenance

    Initial wetland and upland plantings and seeding under CERCLA 
Remedial Action were completed in November and December 2013. Routine 
monitoring and maintenance of the wetland area is scheduled to continue 
for seven years following completion of construction to ensure the 
success of the restored wetland. Inspections, maintenance, and any 
required plant replacement and re-seeding will occur during the first 
year. The Final Operation and Maintenance Plan includes monitoring 
criteria with specific wetland restoration and creation performance 
goals keyed to a designated scheduled. Operation and Maintenance of the 
Remedy will be conducted by the City of Attleboro in accordance with 
the approved O&M Plan for the Site. The Performing Defendants have 
agreed that the City of Attleboro will perform the O&M activities, 
including: Compliance monitoring; enforcing the ICs as necessary, and 
prepare and submit annual reports to EPA and MassDEP regarding the 
status of the ICs, as outlined in the Operations and Maintenance Plan, 
Revision #1, dated July 2015.
    Prior to completion of the Remedial Action, an interim set of 
Institutional Controls (ICs) in the form of Easements, Restrictions, 
and Non-interference Agreements (ERNA) were placed on four properties. 
Following completion of the Remedial Action, a Notice of Activity and 
Use Limitation (NAUL) was recorded in November 2016 for each of the 
properties, except Union Road House 1 which was razed and the 
residential well decommissioned in 2012 thus no longer requiring NAUL. 
The NAUL prohibits activities and uses of the Site that may present an 
unacceptable risk to human health as well as providing Site access to 
the Performing Defendants for associated monitoring and O&M activities.

Five-Year Review

    Hazardous substances remain at this Site above levels which would 
allow for unlimited use and unrestricted exposure requiring EPA to 
conduct statutory five-year reviews. The first statutory Five-Year 
Review Report will be completed prior to June 12, 2018, which is five 
years from the initiation of construction of the CERCLA remedy.

Community Involvement

    Throughout the Site's history, EPA has kept the community and other 
interested parties apprised of Site activities through informational 
meetings, fact sheets, press releases, and public meetings. Local 
residents formed the Citizen's Advisory Shpack Team (CAST) to monitor 
Site activities. On numerous occasions during 2000-2004, EPA and MADEP 
held informational meetings to update the community on the results of 
the RI/FS, including a November 20, 2003, meeting to discuss the 
results of the RI. On June 23, 2004, EPA held an informational meeting 
to present the Agency's Proposed Plan. From June 24, 2004 to August 25, 
2004, the Agency held a public comment period to accept public comment 
on the alternatives presented in the FS and the Proposed Plan and the 
September 28, 2004 ROD includes the Responsiveness Summary to comments 
received during the public comment period.

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

    The remedial actions which have been implemented for the FUSRAP and 
CERCLA achieve the clean-up objectives and cleanup goals identified in 
the 2004 ROD for the Site. The remaining site related contaminants are 
present at levels protective of both human health and the environment 
and meet EPA's acceptable risk for all exposure pathways. All of the 
selected remedial actions and the remedial action objectives and 
associated cleanup goals are consistent with the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), the 
National Contingency Plan (NCP) and EPA policy and guidance.

[[Page 31267]]

    All Institutional Controls are in place and currently EPA expects 
that no further Superfund response is needed to protect human health 
and the environment, except future operations and maintenance, 
monitoring, and Five Year Reviews.

V. Deletion Action

    The EPA, with concurrence of the State of Massachusetts through the 
MassDEP, has determined that all appropriate response actions under 
CERCLA, other than operation, maintenance, 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 September 5, 2017 unless EPA receives adverse comments by 
August 7, 2017. 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: May 31, 2017.
Deborah A. Szaro,
Acting Regional Administrator Region 1.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 is revised to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; 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 ``MA'', 
``Shpack Landfill'', ``Norton/Attleboro''.

[FR Doc. 2017-14112 Filed 7-5-17; 8:45 am]
BILLING CODE 6560-50-P