[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42809-42812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13637]



[[Page 42809]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-10011-34-Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Industri-Plex 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 is issuing 
a Notice of Intent to Delete the 200 Presidential Way, Woburn, MA 01801 
(200 Presidential Way) parcel of the Industri-Plex Superfund Site 
(Site) (MAD076580950) located in Woburn, Massachusetts, from the 
National Priorities List (NPL) and requests public comments on this 
proposed action. 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). The EPA and the 
Commonwealth of Massachusetts, through the Massachusetts Department of 
Environmental Protection, have determined that all appropriate response 
actions at the identified parcel under CERCLA, been completed. However, 
this partial deletion does not preclude future actions under Superfund.
    This partial deletion pertains to soil and groundwater at the 
approximately 10.7-acre 200 Presidential Way parcel. The remaining 
areas/media of the Industri-Plex Superfund Site will remain on the NPL 
and are not being considered for deletion as part of this action.

DATES: Comments must be received by August 14, 2020.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Written comments submitted by mail are temporarily 
suspended and no hand deliveries will be accepted. EPA encourage the 
public to submit comments via https://www.regulations.gov.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. 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 email. The http://www.regulations.gov website 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in at the EPA 
Region 1 SEMS Records and Information Center (SEMS RIC). Publicly 
available docket materials are available either electronically at: 
http://www.regulations.gov, https://semspub.epa.gov/src/collection/01/AR66357 or https://go.usa.gov/xvvr6. EPA site specific web page: 
www.epa.gov/superfund/industriplex.
    The EPA is temporarily suspending its Docket Center and Regional 
Records Centers for public visitors to reduce the risk of transmitting 
COVID-19. In addition, many site information repositories are closed 
and information in these repositories, including the deletion docket, 
has not been updated with hardcopy or electronic media. For further 
information and updates on EPA Docket Center services, please visit us 
online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT: Joseph LeMay, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 1--New England, 5 
Post Office Square, Suite 100 (mail code: 07-4), Boston, MA 02109-3912, 
(617) 918-1323, email: [email protected]; or SEMS Records & Information 
Center, EPA Region 1--New England, 5 Post Office Square, Suite 100 
(mail code: 02-3), Boston, MA 02109-3912, (617) 918-1440, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA Region 1--New England announces its intent to delete the soil 
and groundwater of the approximately 10.7-acre 200 Presidential Way, 
Woburn, MA, (200 Presidential Way) parcel of the Industri-Plex 
Superfund Site (Site), from the National Priorities List (NPL) and 
request 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

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the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) of 1980, as amended. EPA maintains the NPL as those 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). This 
partial deletion of 200 Presidential Way parcel at the Site is proposed 
in accordance with 40 CFR 300.425(e) and is consistent with the Notice 
of Policy Change: Partial Deletion of Sites Listed on the National 
Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    EPA will accept comments on the proposal to partially delete this 
site for thirty (30) days after publication of this document in the 
Federal Register.
    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 where to access and review 
information that demonstrates how the deletion criteria have been met 
for the 200 Presidential Way parcel of the Industri-Plex Superfund site 
and demonstrates how the parcel meets the deletion criteria. Site.

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 Commonwealth of Massachusetts, 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.

III. Deletion Procedures

    The following procedures apply to deletion of 200 Presidential Way 
parcel of the Site:
    (1) EPA consulted with the Commonwealth of Massachusetts before 
developing this Notice of Intent for Partial Deletion.
    (2) EPA has provided the Commonwealth of Massachusetts 30 working 
days for review of this notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The Commonwealth of Massachusetts, through the Massachusetts 
Department of Environmental Protections, has concurred with the 
deletion of the 200 Presidential Way parcel at the Industri-Plex 
Superfund Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in a major local newspaper, Woburn Times Chronicle. The newspaper 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket, made these items available for 
public inspection, and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the 200 Presidential Way 
parcel of the Site. If necessary, EPA will prepare a Responsiveness 
Summary to address any significant public comments received. After the 
public comment period, if EPA determines it is still appropriate to 
delete the 200 Presidential Way parcel of the Site, the Regional 
Administrator will publish a final Notice of Partial Deletion in the 
Federal Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Partial Site Deletion

    The EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket. The material supports EPA's rationale 
for the partial deletion of the 200 Presidential Way parcel at the 
Site. This information is made available for public inspection in the 
dockets identified above.
    The Site boundary and approximate location of the 200 Presidential 
Way parcel are illustrated on Figure 1. The 200 Presidential Way parcel 
is approximately 10.7 acres, and the specific location of the parcel is 
illustrated on Figure 2. Soils and groundwater within the 200 
Presidential Way parcel were included in Operable Unit 1 (OU-1) through 
a Record of Decision (ROD) issued by EPA in 1986. Final groundwater 
cleanup at the Industri-Plex Site was included in Operable Unit 2 (OU-
2) through a ROD issued by EPA in 2006, where the Commonwealth of 
Massachusetts classified the groundwater within the 200 Presidential 
Way parcel as a non-drinking water aquifer. Prior to EPA issuing a June 
2018 Explanation of Significant Difference (ESD) for OU-1 which 
modified the findings in the 1986 ROD pertaining to the 200 
Presidential Way parcel, no remedial cleanup work had been conducted on 
the 200 Presidential Way parcel. Based on information provided in 
support of the 2018 ESD, EPA agreed that baseline risk assessment 
calculations for the evaluated soil and groundwater exposure scenarios 
do not exceed EPA's CERCLA risk management criteria, and that 
residential exposure to soils on the 200 Presidential Way parcel, 
residential exposure to groundwater associated with the vapor intrusion 
pathway and contact risk, and construction worker exposures to soil and 
groundwater were acceptable under CERCLA. Through the 2018 ESD, EPA 
determined that residential use, as well as daycare and school uses 
(with exposure similar to or less than residential use), of the 200 
Presidential Way parcel was reasonable, and no further CERCLA 
restrictions needed to apply to the parcel to allow for unrestricted 
use/unrestricted exposure (UU/UE). Therefore, no CERCLA institutional 
control in the form of Notice of Activity and Use Limitation to notify 
future owners of CERCLA land use restrictions needs to be recorded on 
the 200 Presidential Way parcel.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste,

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Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Superfund, Water pollution control, Water supply.

    Authority: 33 U.S.C. 1251 et seq.

    Dated: June 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1 New England.
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[FR Doc. 2020-13637 Filed 7-14-20; 8:45 am]
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