National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 9023-9028 [05-3452]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Proposed Rules]
[Pages 9023-9028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3452]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7874-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion at the Peterson/Puritan, 
Inc. site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces 
its intent to delete a portion of the Peterson/Puritan, Inc. Superfund 
Site (the Site), owned by Macklands Realty, Inc. and Berkeley Realty, 
Co. (herein Macklands and Berkeley properties), from the National 
Priorities List (NPL). EPA requests public comment on this action. The 
NPL constitutes appendix B to the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA). This partial 
deletion at Operable Unit Two (OU 2) of the Peterson/Puritan, Inc. Site 
is proposed in accordance with 40 CFR 300.425(e) and the Notice of 
Policy Change: Partial Deletion of Sites Listed on the National 
Priorities List 60 FR 55466 (November 1, 1995).
    The Site is made up of two formally designated operable units. This 
proposal for partial deletion pertains only to a portion of OU 2 
consisting of 19.8 acres of the estimated 217 acres contained in OU 2. 
Macklands Realty, Inc. owns Plat 14, Lot 2 which consists of 
approximately 10.1 acres proposed for deletion while Berkeley Realty, 
Co. owns Plat 15, Lot 1 which consists of

[[Page 9024]]

approximately 9.7 acres proposed for deletion. These properties are 
also known locally as the proposed Berkeley Commons and River Run 
developments, located along the eastern slope of the Blackstone River 
Valley between State Route 122 and the Blackstone River in Cumberland, 
Rhode Island. The western extent of the Macklands and Berkeley 
properties also makes up a portion of the northeastern boundary of OU 
2. The remaining portions of OU 2 will stay on the NPL, and the 
Remedial Investigation and Feasibility Study (RI/FS) will continue as 
planned at OU 2. EPA bases its intent to delete this portion at OU 2 on 
the determination by EPA and Rhode Island Department of Environmental 
Management (RIDEM) that investigations have shown that the area 
proposed for deletion poses no significant threat to human health or 
the environment and, therefore, currently warrants that no further 
response action is required at the Macklands and Berkeley properties.

DATES: EPA will accept comments concerning its intent for partial 
deletion on or before March 28, 2005 and a newspaper of record.

ADDRESSES: Comments may be mailed to: Mr. David J. Newton, Remedial 
Project Manager, Office of Site Remediation and Restoration, U.S. EPA, 
Region 1, 1 Congress Street, Suite 1100, Boston, MA 02114-2023.
    Information Repositories:
    Comprehensive information on the Peterson/Puritan, Inc. Site as 
well as an administrative record specific to this proposed partial 
deletion is available for review at EPA's Region 1 office in Boston, 
MA, and at the information repositories listed below. The EPA Region 
1's Superfund Records Center is located at 1 Congress Street, Boston, 
MA, 02114-2023. A review of the records can be conducted by appointment 
by calling (617) 918-1440 between 8:30 a.m. until 4:30 p.m., Monday-
Friday.
    Other information repositories where the deletion docket and 
comprehensive site records are available for public review include: 
Cumberland Public Library at 1464 Diamond Hill Road in Cumberland, 
Rhode Island, and Lincoln Public Library, Old River Road, Lincoln, 
Rhode Island.

FOR FURTHER INFORMATION CONTACT: David J. Newton, Remedial Project 
Manager at (617) 918-1243, or Sarah White, Community Involvement 
Coordinator, U.S. EPA, Region 1, Office of Site Remediation and 
Restoration, 1 Congress Street, Suite 1100, Boston, MA 02114-2023, 
Telephone: (617) 918-1026.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The United States Environmental Protection Agency (EPA) Region 1 
announces its intent to delete a portion of Operable Unit Two (OU 2) at 
the Peterson/Puritan, Inc. Superfund Site, (the Site) located in 
Cumberland, Rhode Island from the National Priorities List (NPL), which 
constitutes appendix B of the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR part 300, and requests 
comments on this proposal. This proposal for partial deletion pertains 
to the properties designated on the town of Cumberland Tax Assessor's 
Map Plat 14, Lot 2 and Plat 15, Lot 1, known locally as the proposed 
Berkeley Commons and River Run developments, and owned by Macklands 
Realty, Inc. and Berkeley Realty, Co. respectively (herein Macklands 
and Berkeley properties). This partial deletion involves 19.8 acres 
designated within the OU 2 boundary (see Figure 1; a map showing the 
areas proposed for deletion; which is located in the Administrative 
Record (AR) under section 5.4).

A. Peterson/Puritan Site Description

    The Site consists of two formally designated operable units 
totaling over two linear miles of mixed industrial/commercial/
residential property. The Site is located along the Blackstone River 
and includes a portion of the Blackstone River Valley National Heritage 
Corridor. The Site is located in the towns of Cumberland and Lincoln, 
in the north-central corner of Rhode Island. Land use within and 
adjacent to the Site is mixed having interspersed industrial, 
commercial, and residential uses typical of an enduring suburban 
community with a past textile mill heritage in Providence County. A 
more residential to rural setting is found immediately west of the 
river in Lincoln. The Blackstone River forms a shared town boundary 
between Cumberland and Lincoln.
    The OU 2 portion of the Site, which principally contains the J.M. 
Mills Landfill, is surrounded by industrial, residential and semi-rural 
properties. Bordering OU 2 to the north is the Hope Global company, 
located at 88 Martin Street in Cumberland. To the south of OU 2 is the 
Stop and Shop Market (and strip mall) on Mendon Road. The Pratt Dam 
across the Blackstone River and the southern extent of the former 
transfer station property (also known as the Nunes Parcel) partially 
forms the southern boundary of OU 2. The eastern boundary of OU 2 
includes a portion of the former Mackland Sand and Gravel operations 
and wetlands known locally as the New River. Finally, the western 
boundary of OU 2 includes the Blackstone River and the Quinnville 
wellfield in Lincoln.
    OU 2 contains many different parcels totaling an estimated 217 
acres. EPA believes that the most contaminated parcel is the privately 
owned 38 acre J.M. Mills Landfill which accepted mixed municipal and 
industrial waste from 1954 through 1986. Adjacent to the J.M. Mills 
Landfill is a privately owned 28 acre unnamed island located in the 
Blackstone River. EPA recently discovered solid wastes disposed of on 
this island and believes that the island's soils were used to provide 
daily cover materials for the landfill and, perhaps, was even used as 
an additional disposal location during the time the landfill was 
operating. Down river from the unnamed island is the Pratt Dam, which 
provides an access point to the island. The Site also includes the 26 
acre Lincoln Quinnville wellfield and the Cumberland Lenox Street 
municipal well. These wells were used by the towns as a municipal water 
supply until 1979 when they were closed by the Rhode Island Department 
of Health due to the presence of volatile organic contaminants found in 
the water. A section of the Providence and Worcester Railroad line runs 
through OU 2 and forms the eastern extent of the landfill slope while 
the river forms the landfill's western boundary. A former privately 
owned transfer station is located on the southern portion of the Site. 
Other areas of OU 2 include portions of the Blackstone River and an 
adjacent canal, the Blackstone River Bikeway, and wetlands.
    When the northeasterly boundary of OU 2 for the RI/FS was created, 
it clipped a portion (19.8 acres) of residential and commercially zoned 
properties in Plats 14 and 15 developed by the Macklands and Berkeley 
properties. The remaining two thirds of these developments are not 
included within the OU 2 boundary as drawn. The 19.8 acres included by 
the OU 2 boundary are the subject of this proposed partial deletion 
(see Figure 1 contained in the AR).
    Preliminary samples taken from suspected source areas within OU 2 
(such as the J.M. Mills Landfill and other associated disposal 
locations and excluding the properties proposed for deletion) indicate 
the presence of

[[Page 9025]]

volatile organic contaminants (including, but not limited to, 
trichloroethylene, freon 11, 1,2-dichloroethene, 1,1,1-trichloroethane, 
and benzene), and also chromium, nickel and lead in the groundwater. 
Contaminants found in the soil and sediment include benzo(a)pyrene, 
chrysene, indeno(1,2,3+cd)pyrene, bis(2-ethylhexyl)phthalate, 
polychlorinated biphenyls (PCBs) and asbestos insulation/transite. In 
addition, preliminary sampling of the soils along the river have been 
found to be contaminated with PCBs, polyaromatic hydrocarbons and heavy 
metals.
    EPA included the Site on the NPL on September 8, 1983. EPA 
conducted a removal action at OU 2 in 1992 to construct a fence around 
the former J.M. Mills Landfill and to remove drums containing 
contaminated materials from the base of the landfill. In November 1997, 
a second removal action was conducted at the J.M. Mills Landfill to 
address recently disposed asbestos-containing material found outside of 
the fenced-in area. The security fence was also extended to limit 
further dumping and restrict access to additional portions of the Site.
    An investigation into the nature and extent of contamination at the 
J.M. Mills Landfill and surrounding areas is currently underway. 
Following the completion of this study, a final cleanup remedy will be 
selected, a remedial design will be completed and the remedial action 
will be initiated.

B. Area Proposed for Deletion

    The properties owned by Macklands Realty, Inc. and Berkeley Realty, 
Co. were historically run as a family owned and operated sand and 
gravel mining operation. In 1939, a portion of the property was 
subdivided into residential lots; the remaining portion became a 
working sand and gravel mining operation from 1939 to the early 1970s. 
The Macklands and Berkeley properties, with the majority of the 
property under a single family's ownership for approximately 70 years, 
has no known history of industrial or manufacturing activities 
involving hazardous substances. Future development plans for the 
Macklands and Berkeley properties include: (1) Macklands Realty, Inc., 
a residential subdivision covering approximately 32 acres with 
approximately 10.1 acres proposed for deletion; and (2) Berkeley 
Realty, Co., a mixed use development including duplexes, townhouses, 
and office/retail buildings covering approximately 30 acres of which 
9.7 acres is proposed for deletion from the site. Each of these 
proposed developments are located off of Mendon Road in Cumberland, 
Rhode Island.
    The only known use of oil or potentially hazardous materials on 
portions of the development properties was the application of ``MC-2,'' 
an oil-based dust suppression material, along haul roads at the height 
of the sand and gravel mining operations in the 1950s and 1960s.
    In June 2003, a Phase 1 Environmental Site Assessment of the 
Macklands and Berkeley properties revealed no evidence of observed 
environmental conditions associated with hazardous substances or 
petroleum products, asbestos-containing material, radon, lead-based 
paints, or areas of special natural resource concern at the properties. 
Interviews and review of past records (including old aerial 
photographs) also provide no evidence of the generation or disposal of 
hazardous substances or waste on the properties.
    Based upon currently available information obtained and submitted 
for the Agency's review, EPA finds that no further action is necessary 
to protect human health and the environment in relation to the 
Macklands and Berkeley properties designated in the town of 
Cumberland's Tax Assessor's Map as Plat 14, Lot 2 and Plat 15, Lot 1 in 
Cumberland Rhode Island. The information supporting this finding is 
contained in an Administrative Record established for this purpose (see 
Administrative Record Index for the Macklands and Berkeley properties, 
Peterson/Puritan, Inc. Operable Unit 2, November 2004).
    EPA proposes to delete the Macklands and Berkeley properties from 
the Peterson/Puritan, Inc. Site because all appropriate CERCLA response 
activities have been completed for these properties. Moreover, focused 
site investigations have determined that these properties are not 
currently impacted by, nor are they contributing to, the contamination 
responsible for Superfund response actions at OU 2. Response 
obligations at the rest of OU 2 are not yet complete, and the Site will 
remain on the NPL and is not the subject of this partial deletion. The 
remaining portions of OU 2 include, but are not limited to, the J.M. 
Mills Landfill, the unnamed island, the Nunes parcel, and a portion of 
the Blackstone River and the associated wetlands.
    The NPL is a list of sites that EPA has determined present a 
significant risk to human health, welfare, or the environment. Sites on 
the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). Pursuant to 40 CFR 300.425(e) of 
the NCP, any site or portion of a site deleted from the NPL remains 
eligible for Fund-financed remedial actions if conditions at the site 
warrant such action.
    EPA will accept comments concerning its intent for partial deletion 
for thirty (30) days after publication of this notice in the Federal 
Register and a newspaper of record.

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 to protect human 
health or the environment. In making such a determination pursuant to 
Sec.  300.425(e), EPA will consider, in consultation with the State, 
whether any of the following criteria have been met:
    Section 300.425(e)(1)(i). Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate Fund-financed responses 
under CERCLA have been implemented, and no further response action by 
responsible parties is appropriate; or
    Section 300.425(e)(1)(iii). The remedial investigation has shown 
that the release poses no significant threat to human health or the 
environment and, therefore, taking of remedial measures is not 
appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions for the area deleted 
if future site conditions warrant such actions. Section 300.425(e)(3) 
of the NCP provides that Fund-financed actions may be taken at sites 
that have been deleted from the NPL. A partial deletion of a site from 
the NPL does not affect or impede EPA's ability to conduct CERCLA 
response activities at areas not deleted and remaining on the NPL. In 
addition, deletion of a portion of a site from the NPL does not affect 
the liability of responsible parties or impede agency efforts to 
recover costs associated with response efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures were used for the proposed deletion of 
portions of the Macklands and Berkeley development properties that are 
included within the defined boundary

[[Page 9026]]

of the Peterson/Puritan, Inc. Site as shown on Figure 1 (contained in 
the AR):
    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Rhode Island through the Rhode Island Department 
of Environmental Management (RIDEM) concurs with this partial deletion.
    (3) Concurrent with this Notice of Intent for Partial Deletion, a 
notice has been published in a newspaper of record and has been 
distributed to appropriate Federal, State, and local officials, and 
other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and a 
newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories listed previously.
    This Federal Register notice, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Notice of Intent for 
Partial Deletion. The public is asked to comment on EPA's proposal to 
delete the Macklands and Berkeley properties (as identified on Figure 1 
contained in the AR) from the NPL. All critical documents needed to 
evaluate EPA's decision are included in the Deletion Docket and are 
available for review at the EPA Region 1's Superfund Record Center in 
Boston, Massachusetts, RIDEM, and at the established information 
repositories for the Site.
    Upon completion of the thirty (30) day public comment period, EPA 
will evaluate all comments received before issuing the final decision 
on the partial deletion. EPA will prepare a Responsiveness Summary for 
comments received during the public comment period and will address 
concerns presented in the comments. The Responsiveness Summary will be 
made available to the public at the information repositories listed 
previously. Members of the public are encouraged to contact EPA Region 
1 to obtain a copy of the Responsiveness Summary.
    If, after review of all public comments, EPA determines that the 
partial deletion from the NPL is appropriate, EPA will publish a Notice 
of Partial Deletion in the Federal Register. Deletion of the Macklands 
and Berkeley properties does not actually occur until the Notice of 
Partial Deletion is published in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of the 
Macklands and Berkeley properties from the NPL and EPA's finding that 
the criteria in 40 CFR 300.425(e) are satisfied.

A. Background

    RIDEM classifies the Blackstone River as a Class B1 stream 
throughout the Site. This classification has an established use goal of 
``fishable and swimmable,'' and the State of Rhode Island has an 
overall objective to ``restore impaired sections of the Blackstone 
River and its tributaries'' that do not fully support the river's 
designated uses. (Source: Draft Blackstone River Action Plan, Rhode 
Island Department of Environmental Management (RIDEM), September 2001). 
The B1 classification indicates that while all Class B uses must be 
supported by water quality, primary contact recreation may be 
``impacted due to pathogens from approved wastewater discharges'' (RI 
WQR, Rule 8(B)(1)).
    Sources of surface water impairments for the Blackstone River, 
including the area encompassed by the Site and not otherwise found to 
be in association with disposal practices identified at the Site, are 
understood to be point and non-point sources such as Combined Sewer 
Overflows, seepage from failing septic systems, runoff during storm 
events and other lesser sources. Under the Clean Water Act, permitted 
discharges under the National Pollution Discharge Elimination System 
and storm water abatement using Best Management Practices (BMPs) under 
the implementation of Storm Water Phase II are two examples of 
regulation geared to manage, control, and mitigate such impairments.
    The current groundwater classification at the Site is GAA-NA. The 
GAA classification, as designated by the Rhode Island Department of 
Environmental Management Rules and Regulations for Ground Water 
Quality, is defined as ``those ground water resources which the 
Director has designated to be suitable for public drinking water use 
without treatment.'' The ``NA'' classification is defined as ``those 
areas that have pollutant concentrations greater than the ground water 
quality standards for the applicable classification.'' The groundwater 
at and around the Site remains a viable potential drinking water 
resource.
    On behalf of the owner of the Macklands and Berkeley properties, a 
limited site investigation was conducted by EA Engineering, Science and 
Technology (EA). The purpose of this investigation was to evaluate 
groundwater, surface water quality, and the hydraulic relationship of 
the properties to known sources of groundwater contamination to the 
southwest and northwest. In June of 2003, the owner directed the 
installation of four (4) monitoring wells strategically placed to 
monitor groundwater flow (see Figure 2; a map illustrating relevant 
sampling locations; which is located in the AR under section 5.4). Of 
the four wells, three were completed in shallow bedrock due the thin, 
non-water bearing veneer of overburden that was found to be present at 
these locations. The most southern well was completed in overburden. 
Groundwater samples were collected from each of the wells using low-
flow sampling methods and procedures in accordance with EPA protocols. 
Duplicate samples were also taken for quality assurance purposes. All 
samples were analyzed for volatile organic compounds (VOCs) and total 
metals. The samples were analyzed using EPA approved methods and 
compared to Project Action Limits (PALs) as approved for use in the 
Peterson/Puritan, Inc. OU 2 Quality Assurance Project Plan. (See: (1) 
Phase 1 Environmental Site Assessment, Plat 14 Lot 2, Plat 15 Lot 1, 
Macklands and Berkeley properties, and (2) Limited Investigation 
Report, prepared by EA Engineering, Science and Technology, June and 
August 2003, respectively).
    In addition, one surface water sample and one sediment sample was 
collected from both an intermittent stream and Monastery Brook (see 
Figure 2 contained in the AR). A duplicate surface water sample was 
taken from the intermittent stream for quality assurance purposes. Both 
streams run westerly through the Macklands and Berkeley properties 
where the confluence of each enters into wetlands located east of the 
Blackstone River and within OU2. Each sample was analyzed for semi-
volatile organic compounds (SVOCs), VOCs and total metals.
    In August 2003, these results were presented to EPA and RIDEM in a 
document entitled, ``Limited Investigation [for] Berkeley Commons/River 
Run Development.'' The owner of the properties also requested that his 
properties be deleted from the Site so that ongoing development plans 
would not be impacted. In addition, the OU 2 remedial investigation 
(RI) began in the fall of 2003.

B. Response Actions

    As part of a preliminary screening evaluation for potential 
ecological

[[Page 9027]]

threats, surface water data were compared with the Federal Ambient 
Water Quality Criteria (AWQC) with appropriate adjustment for site-
specific water hardness (calculated using calcium and magnesium 
concentrations in site water). Calculations and criteria followed EPA 
AWQC documentation (EPA, 1999). No chemicals exceeded the AWQC chronic 
values, which are designed to be broadly protective of aquatic life.
    Sediment data were evaluated using the Consensus-Based Threshold 
Effect Concentrations (TECs) from MacDonald et al., 2000 (MacDonald, 
D.D., C.G. Ingersoll, and T.A. Berger. 2000. Development and evaluation 
of Consensus-Based Sediment Quality Guidelines for Freshwater 
Ecosystems. Archives of Environmental Contamination and Toxicology, 39, 
20-31. Springer-Verlag, New York Inc.). Chemicals below their 
respective TECs generally would not be expected to pose a risk to 
sediment-dwelling organisms, but may warrant further evaluation. Of the 
detected chemicals found in sediment, only lead exceeded the TEC value 
in one sample. Sediment taken from sample location WT-02 had a lead 
concentration of 43.9 mg/Kg. The TEC for lead is 35.8 mg/Kg. It should 
also be noted that lead at this location is well below the Probable 
Effect Concentration of 128 mg/Kg, which is the concentration above 
which adverse effects would be considered likely.
    Sampling location WT-02 is located at the end of Monastery Brook. 
Monastery Brook is known to receive storm water from Mendon Road and 
the immediate surrounding community. Based on topography and other 
observations made to date within OU 2 of the Site, it is likely that 
the presence of lead at WT-02 is associated with storm run-off from 
Mendon Road and the local surroundings. On the basis of a single 
detection of lead slightly above the TEC, and no exceedence of surface 
water quality criteria, there does not appear to be a need for further 
evaluation of potential source areas on the Macklands and Berkeley 
properties.
    A preliminary screening evaluation of the data for potential human 
health concerns was also conducted by EPA. For groundwater, surface 
water and sediment a few metals were detected at levels above EPA 
Project Action Limits (PALs), which were based on either the risk-based 
values from EPA Region 9 PRG tables or EPA National Secondary Drinking 
Water Standards for the OU 2 RI/FS. Among those metals detected, iron, 
aluminum and copper are considered essential nutrients by EPA and 
therefore did not warrant further risk evaluation. However, manganese, 
arsenic and barium were detected in some samples at levels exceeding 
the PALs. For chemicals with noncancer health effects, the PALs used 
were the EPA Region 9 PRG values (based on hazard quotient of 1) 
divided by 10. A hazard quotient of 1 is considered by EPA a threshold 
below which noncancer adverse health effects do not likely occur. 
Therefore, it is EPA Region 1's policy to use hazard quotient of 0.1 to 
account for the additive effects of multiple chemicals. For manganese 
and barium, the detected levels were slightly above the PALs at less 
than 1 order of magnitude. Therefore, the assumed noncancer hazard 
index from manganese and barium are acceptable and below EPA's 
noncancer hazard index of 1. For arsenic in sediment, detected levels 
were slightly above the risk-based PAL, at about 1 order of magnitude, 
but would result in an excess risk falling within the EPA acceptable 
risk range. The same conservative assumptions for exposure parameters 
that were used to develop the risk-based Region 9 values were used to 
determine this risk evaluation.
    In summary, based on the information provided in the EA report, the 
cancer risks and noncancer hazards from a few detected metals at the 
Macklands and Berkeley properties would be acceptable for an EPA 
Superfund site and therefore, there is no need for any further risk 
evaluation or response action. Therefore, EA's finding that the levels 
of compounds found at the Macklands Realty, Inc. and Berkeley Realty, 
Co. properties do not pose any unacceptable risk or hazard to the human 
health based on EPA standards, is reasonable. EPA Region 1's 
preliminary screening evaluation of risk also concur with the findings 
presented by EA.

C. 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 this intent for partial deletion of this Site from 
the NPL are available to the public in the information repositories.

D. Current Status

    Among other documents, the Phase 1 Environmental Site Assessment of 
Macklands and Berkeley properties revealed no evidence of recognized 
environmental conditions associated with hazardous substances or 
petroleum products, asbestos-containing material, radon, lead-based 
paints, or areas of special natural resource concern at the properties. 
From the Limited Investigation Report of Berkeley Commons/River Run and 
other corroborating Site information gathered to date, the Macklands 
and Berkeley properties are not contributing to the VOC contamination 
of groundwater associated with the Site nor is it apparent that the 
Macklands and Berkeley properties are being affected currently by the 
documented release, or releases, associated with the Site. Based on 
limited testing, groundwater is in compliance with RIDEM's GAA 
standards at the Macklands and Berkeley properties. It should be noted 
that groundwater is not intended for direct consumption at the 
Macklands and Berkeley properties, as the development is scheduled to 
be serviced by municipal water. EPA may require access to the Macklands 
and Berkeley properties to monitor groundwater or sample wetlands in 
association with the Superfund response actions to the immediate south 
and west of the Macklands and Berkeley properties. Future consideration 
for the placement of institutional controls (in the form of deed 
restrictions for the future use, or hydraulic alteration of 
groundwater) adjacent to, or onto the Macklands and Berkeley 
properties, are possible once the RI/FS for OU 2 is complete and a 
remedy has been selected.
    While EPA does not believe that any future response actions will be 
needed on the Macklands and Berkeley properties, if future conditions 
warrant such action, the proposed deletion areas of OU 2 remain 
eligible for future response actions. Further, this action does not 
preclude the State of Rhode Island from taking any response actions 
under State authority, nor others taking actions governed by other 
Federal statutes, should future conditions warrant such actions. This 
intent for partial deletion does not alter the status of the remainder 
of the Peterson/Puritan, Inc. Superfund Site, which is not proposed for 
deletion and remains on the NPL.
    EPA, with concurrence from the State of Rhode Island, has 
determined that the release impacting the Site poses no significant 
threat to human health or the environment at the Macklands and Berkeley 
properties and therefore warrants no current response action at the 
properties. Therefore, EPA makes this proposal to delete the properties 
owned by Macklands Realty, Inc. and Berkeley Realty, Co., designated on 
the town of Cumberland tax assessor's map as Plat 14, Lot 2 and Plat 
15, Lot 1 from the NPL.


[[Page 9028]]


    Dated: February 1, 2005.
Robert W. Varney,
Regional Administrator, Region 1.
[FR Doc. 05-3452 Filed 2-23-05; 8:45 am]
BILLING CODE 6560-50-P