National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the O'Connor Superfund Site, 13882-13887 [2014-05224]
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Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / Rules and Regulations
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 28, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
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Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
■
2. In § 180.579:
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a. Remove the commodities ‘‘Garlic’’;
‘‘Garlic, great headed’’; ‘‘Leek’’; ‘‘Onion,
bulb’’; ‘‘Onion, green’’; ‘‘Onion, welsh’’;
‘‘Shallot, bulb’’; and ‘‘Shallot, fresh
leaves’’ from the table in paragraph
(a)(1).
■ b. Add alphabetically the following
commodities to the table in paragraph
(a)(1). The amendments read as follows:
■
than operation, maintenance, and fiveyear reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This direct final deletion is
effective May 12, 2014 unless EPA
receives adverse comments by April 11,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
§ 180.579 Fenamidone; tolerances for
the direct final deletion in the Federal
residues.
Register informing the public that the
(a) * * *
deletion will not take effect.
(1) * * *
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
Parts per
Commodity
million
SFUND–1983–0002, by one of the
following methods:
Bean, succulent, except
• https://www.regulations.gov. Follow
cowpea ................................
0.80
on-line instructions for submitting
comments.
*
*
*
*
*
• Email: connelly.terry@epa.gov.
Ginseng ..................................
0.80
• Fax: 617 918–0373.
• Mail: Terrence Connelly, US EPA
*
*
*
*
*
Onion, bulb, subgroup 3–07A
0.20 Region 1, 5 Post Office Square, Suite
Onion, green, subgroup 3–
100, Boston, MA 02109—3919.
07B ......................................
1.5
• Hand delivery: US EPA Region 1, 5
Post Office Square, Suite 100, Boston,
*
*
*
*
*
MA 02109–3912. Such deliveries are
only accepted during the Docket’s
*
*
*
*
*
normal hours of operation, and special
[FR Doc. 2014–05399 Filed 3–11–14; 8:45 am]
arrangements should be made for
BILLING CODE 6560–50–P
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1983–
ENVIRONMENTAL PROTECTION
0002. EPA’s policy is that all comments
AGENCY
received will be included in the public
docket without change and may be
40 CFR Part 300
made available online at https://
[EPA–HQ–SFUND–1983–0002; FRL 9907–
www.regulations.gov, including any
66-Region 1]
personal information provided, unless
the comment includes information
National Oil and Hazardous
claimed to be Confidential Business
Substances Pollution Contingency
Information (CBI) or other information
Plan; National Priorities List: Deletion
whose disclosure is restricted by statute.
of the O’Connor Superfund Site
Do not submit information that you
consider to be CBI or otherwise
AGENCY: Environmental Protection
protected through https://
Agency.
www.regulations.gov or email. The
ACTION: Direct final rule.
https://www.regulations.gov Web site is
SUMMARY: The Environmental Protection an ‘‘anonymous access’’ system, which
Agency (EPA) Region 1 is publishing a
means EPA will not know your identity
direct final Notice of Deletion of the
or contact information unless you
O’Connor Superfund Site (Site), located provide it in the body of your comment.
in Augusta, Maine, from the National
If you send an email comment directly
Priorities List (NPL). The NPL,
to EPA without going through https://
promulgated pursuant to section 105 of
www.regulations.gov, your email
the Comprehensive Environmental
address will be automatically captured
Response, Compensation, and Liability
and included as part of the comment
Act (CERCLA) of 1980, as amended, is
that is placed in the public docket and
an appendix of the National Oil and
made available on the Internet. If you
Hazardous Substances Pollution
submit an electronic comment, EPA
Contingency Plan (NCP). This direct
recommends that you include your
final deletion is being published by EPA name and other contact information in
with the concurrence of the State of
the body of your comment and with any
Maine, through the Maine Department
disk or CD–ROM you submit. If EPA
of Environmental Protection, because
cannot read your comment due to
EPA has determined that all appropriate technical difficulties and cannot contact
response actions under CERCLA, other
you for clarification, EPA may not be
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Federal Register / Vol. 79, No. 48 / Wednesday, March 12, 2014 / Rules and Regulations
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 https://
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 https://
www.regulations.gov or in hard copy at:
EPA Records and Information Center, 5
Post Office Square, First Floor,
Boston, MA 02109·3912, Monday–
Friday 8:00 a.m.–5:00 p.m.
and
Lithgow Public Library, 45 Winthrop
St., Augusta, Maine 04330, Mon–
Thurs 9:00 a.m.–8 p.m., Friday 9:00
a.m.–5 p.m., Saturday 9:00 a.m.–12:00
p.m.
FOR FURTHER INFORMATION CONTACT:
Terrence Connelly, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 1, Mailcode OSRR07–1,
5 Post Office Square, Suite 100, Boston,
MA 02109–3919, (617) 918–1373, email:
connelly.terry@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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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 O’Connor,
also known as the F. O’Connor
Company, Superfund Site (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.
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Because EPA considers this action to
be noncontroversial and routine, this
action will be effective May 12, 2014
unless EPA receives adverse comments
by April 11, 2014. Along with this direct
final Notice of Deletion, EPA is copublishing 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 O’Connor 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
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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
Maine 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 review of this notice
and the parallel Notice of Intent to
Delete prior to their publication today,
and the State, through the Maine
Department of Environmental
Protection, 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 Kennebec Journal. 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.
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IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
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Site Background and History
The Site CERCLIS ID is
MED980731475. The Site consists of
approximately 23 acres within a 28-acre
property owned by Central Maine Power
Company (CMP) and is located on
Maine State Route 17 approximately
three miles east of the Kennebec River
in Augusta, in Kennebec County, Maine.
The Maine Department of
Environmental Protection (MEDEP) also
designated the same 23-acre property as
a Hazardous Substance Site. The
surrounding area is generally rural. The
property is bordered on the east and
southeast by Riggs Brook, a small
northerly flowing tributary of the
Kennebec River, on the north and west
by woodlands, and on the south by
Route 17. The property south of Route
17 is primarily wooded. A residence
abuts the CMP property along its
western boundary. Automotive entry to
the Site is limited to Route 17; there are
trails which enter the Site from the
north and west.
The land at the Site was used as
farmland until the 1950s when the F.
O’Connor Company established a
salvage yard and transformer recycling
operation on the property. The F.
O’Connor Company operated until the
late 1970s. This resulted in drippage
and spillage of oil to the ground,
principally in the three transformer
work areas (TWAs).
In February 1972, an oil spill was
found to have migrated toward Riggs
Brook. In 1976, MEDEP began
investigations through sampling and
analysis of the soils, sediments, and
surface waters for polychlorinated
biphenyls (PCBs). Soil and groundwater
contamination primarily consisted of
PCBs with some volatile and
semivolatile organic compounds (VOCs
and SVOCs), and inorganics. Potential
sources of contamination that were
identified included the TWAs, scrap
piles, oil storage tanks, and two lagoons
installed to help control oil migration
from the property. Concern for the
potential impact on soils, surface water,
and groundwater were the primary
reasons the Site was proposed for the
National Priorities List on December 30,
1982, (47 FR 58476). The Site was listed
on September 8, 1983, (48 FR 40658).
Three removal actions were
performed at the Site by the F. O’Connor
Company and CMP. In 1977, at the
request of MEDEP the F. O’Connor
Company discontinued use of the
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lagoons, pumped the lagoon water into
storage tanks and excavated the lagoon
sediments which were then placed in an
upland area upgradient of the TWAs. In
1984, EPA issued a Unilateral
Administrative Order to the F. O’Connor
Company to construct a fence
encompassing approximately five acres
of the Site. Under a 1986 Administrative
Order by Consent between MEDEP and
F. O’Connor Company and CMP, 20
storage tanks and 21 55-gallon drums
were removed off the Site.
Remedial Investigation and Feasibility
Study (RI/FS)
On May 13, 1986, EPA issued an
Administrative Order by Consent to the
F. O’Connor Company and CMP. This
Order was entered into voluntarily by
these parties in order to conduct a
Remedial Investigation/Feasibility
Study (RI/FS) to determine the nature
and extent of contamination, to evaluate
alternatives, and to make
recommendations for the appropriate
remedial actions at the Site. The FS
identified seven exposure scenarios
posing potential risks to human health
or the environment: Direct contact with
soils by children; inhalation of vapors
from surface soils; ingestion of fish
caught in Riggs Brook; future direct
contact with soils by on-site inhabitants;
future direct contact with sediments in
the lower lagoon by children; future
inhalation of vapors by on-site
inhabitants; and future ingestion of
groundwater from within the bedrock.
In 1992 CMP acquired ownership of
the property from the F. O’Connor
Company.
Selected Remedy
A remedy was selected to meet the
following Remedial Action Objectives
(RAOs) identified for the Site in the
1989 Record of Decision (ROD):
• Reduce potential present and future
public health and environmental risks
from direct contact, ingestion, and/or
dermal absorption with the PCB-,
cPAH-, and lead-contaminated soils and
sediments located on- and off-site;
• Reduce potential present and future
public health risks from the inhalation
of PCB vapors;
• Reduce potential present and future
public health risks from the ingestion of
PCB-contaminated fish from Riggs
Brook;
• Reduce potential future public
health risks from the ingestion of
PCB-, benzene-, and 1,4
dichlorobenzene-contaminated
groundwater found on the Site; and
• Reduce potential present and future
environmental risks to aquatic and
terrestrial wildlife from exposures to the
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PCB-, lead-, and aluminumcontaminated on-site surface water.
The major components of the Source
Control (OU–1) remedy were:
• Excavation and on-site treatment by
solvent extraction technology of all soil
and sediment containing concentrations
of PCBs and cPAHs greater than 1 ppm
and lead greater than 248 ppm;
• Draining and off-site treatment of
surface waters from the Upland Marsh,
Upper Lagoon, and Lower Lagoon;
• Transportation and off-site disposal
of soil and sediments should solvent
extraction not achieve target cleanup
levels;
• Establishment of compensatory
wetlands; and
• Site restoration following
excavation activities.
The major components of the
Management of Migration (OU–2)
remedy were:
• Establishment of temporary
institutional controls until groundwater
remediation goals were achieved;
• Installation of groundwater
extraction and monitoring wells;
• Installation of an on-site
groundwater treatment and recharge
system; and
• Treatment and recharge system
monitoring, operation, and
maintenance.
The Management of Migration remedy
also included response actions for Riggs
Brook sediment. These included:
• Establishment and implementation
of an extensive sediment and biota
sampling and analysis program within
Riggs Brook; and
• Implementation of public education
programs.
In 1996, EPA designated Riggs Brook
as OU–3. The remedy also included
five-year reviews of site-wide
conditions.
The 1989 ROD has been modified
three times. On July 11, 1994, an
Explanation of Significant Differences
(ESD) was approved. This adjusted the
soil target cleanup goals for all soils that
would be located more than 12 inches
below grade and within a three- to fouracre area (the Designated Area) to a
maximum 10 ppm for PCBs and for
cPAHs, and 248 ppm for lead. The target
cleanup goals for soils outside the
Designated Area remained at 1 ppm for
PCBs and for cPAHs, and 248 ppm for
lead. The ESD also included a
contingency that allowed soils and
sediments to be disposed offsite without
solvent extraction treatment, upon
approval by EPA.
On October 23, 1995, EPA approved
the contingency based upon the
determination that the solvent
extraction treatment was not feasible to
meet the target cleanup goals.
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On September 26, 2002, EPA issued a
ROD Amendment. The ROD
Amendment for OU–2 required
permanent institutional controls, active
oil recovery, long-term monitoring of
groundwater, and five-year reviews. The
ROD Amendment also recognized the
technical impracticability of achieving
the cleanup levels required by the 1989
ROD in groundwater found on the Site
(third RAO of 1989 ROD) within a
reasonable timeframe. As a result, the
ROD Amendment established a
Technical Impracticability Zone (TI
Zone) for a portion of the Site (including
TWA II Area) where state and federal
drinking water standards are waived.
The ROD Amendment did not
substantially alter the Source Control or
Riggs Brook remedies.
Response Actions
The Source Control Remedial Action
(SCRA) was conducted in two phases.
Phase I was completed in 1996. A subset
of the soils were remediated, the barn
was decontaminated, demolished and
disposed of offsite, non-native debris
was collected and disposed offsite, and
the Support Area for Phase II was
constructed. Phase II activities were
conducted in 1997. During Phase II,
surface water from the Upper Lagoon,
Lower Lagoon, and Upland Marsh was
collected and disposed of offsite, the
remaining soils and sediments were
remediated, the lagoons and marsh were
reconstructed, and the Site re-graded
and vegetated.
All soils and sediments within OU–1
containing greater than 10 ppm PCBs,
10 ppm cPAHs, and 248 ppm total lead
were excavated and disposed of at
approved disposal facilities offsite. A
total of 19,357 tons of soil and sediment
were excavated and disposed of: 8,010
tons characterized as Special Waste (a
State of Maine designation) were
transported to two facilities in Maine;
11,222 tons characterized as TSCA and/
or RCRA wastes to a facility in New
York; and 125 tons characterized as
RCRA waste to a facility in Quebec.
Soils and sediments within the
Designated Area containing less than or
equal to 10 ppm PCBs or cPAHs and
less than 248 ppm total lead were not
excavated. Approximately 3,000 to
4,000 tons of soil and sediments located
outside the Designated Area and
containing between 1 and 10 ppm PCBs
or cPAHs and less than 248 ppm total
lead were excavated and placed within
the Designated Area.
The Management of Migration
Remedial Action, as amended in 2002,
included active and passive oil recovery
and monitoring of water quality at the
TI boundary and downgradient of it.
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Investigations completed following the
1989 ROD determined that the
migration of contaminants in the
shallow groundwater in the
downgradient direction was limited; the
bedrock aquifer had low groundwater
storage and therefore a relatively small
volume of water. It was also concluded
that the 1992 pump test had mobilized
the PCB transformer oil and other
contaminants vertically downward into
the bedrock flow regime.
Seepage of the transformer oil with
elevated PCB concentrations into the
TWA II wells had been observed since
it was first induced into the wells
during the 1992 pump test. The total
amount of transformer oil recovered
from the five TWA II wells since their
installation using a combination of
vacuum enhanced recovery (VER) and
passive oil recovery is about 125
gallons. Approximately 79 gallons of oil
(about 63%) were recovered prior to the
completion of the source control work,
and approximately 35 gallons (about
28%) after the completion of source
control through the summer of 2002.
Approximately 7.4 gallons of oil were
recovered by the VER system in 2002,
2.5 gallons in 2003, and about 0.3
gallons in both 2004 and 2006. The
system was not operated in 2005
because of equipment failure.
Significantly there was not any increase
in the amount recovered passively nor
was any increase observed when the
active recovery resumed in August
2006. The amount of oil removed from
the wells using the VER system
decreased steadily over time to minimal
amounts. In December 2006, the VER
system was decommissioned because
the rate of oil recovery using passive
recovery was equal to or greater than
with the VER system. Prior to 2005, the
passive oil recovery program was
conducted monthly. Since 2005, passive
oil recovery has continued on a
quarterly basis.
Groundwater cleanup standards
defined in the 2002 ROD Amendment
for VOCs have been met at all wells at
the TI boundary and beyond the TI Zone
since Spring 2002, and the cleanup
standard for PCBs has been met at all
wells at the TI boundary and beyond the
TI Zone since Spring 2006.
The 1989 ROD selected yearly
sediment sampling for ten years for
Riggs Brook and its associated wetlands.
In addition, biota sampling was to be
performed at least once, after five years
of sediment sampling. CMP conducted
annual sediment monitoring of Riggs
Brook for ten years (1996–2005) as
required by the ROD. At EPA’s request,
the 2000 annual sediment sampling
program was supplemented with a
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sampling grid with 51 locations adjacent
to Riggs Brook in adjacent source
control areas. Biota sampling was first
conducted in 1997 with the collection of
twenty samples. Following a
recalculation of the data from mg/kg dry
weight to mg/kg wet weight, it was
determined that all samples were below
the target level of 2 mg/kg (or ppm) of
PCBs. A second biota sampling occurred
in September 2000, when a total of
twenty biota samples were collected
from Riggs Brook and analyzed for
PCBs. As was the case in 1997, all
samples were below the target level of
2 mg/kg wet weight. A comparison to
the 1997 data indicated that the biota
PCB concentrations had decreased.
Following review of the results from
the 2000 sediment and biota sampling,
EPA and MEDEP agreed that with the
decrease of PCBs in the biota samples as
well as the scattered locations of the
sediment exceedances, remedial efforts
to address the scattered sediment
exceedances were not required at that
time. Instead, the 2001 sampling (year
six of the ROD-required ten) was to be
expanded to monitor the locations
identified in the supplemental sampling
grid. The 2001 sediment sampling had
one exceedance above the 5 ppm trigger
level of the thirty-six samples. This one
location (location 3018, at 6.1 ppm) is
located near the wetland/upland
boundary and within the area excavated
during the SCRA.
Cleanup Levels
The 1994 ESD changed the cleanup
levels from 1 ppm PCBS and 1 ppm
PAHs to less than 10 ppm PCBs and 10
ppm cPAHs within the Designated Area,
while affirming the 1989 ROD cleanup
levels of 1 ppm outside the Designated
Area. The total lead cleanup level
remained the same at 248 ppm total. All
soils and sediment within OU–1 above
10 ppm PCBs or 10 ppm cPAHs were
disposed of at offsite facilities. The
limits of excavation within and outside
the Designated Area were based on
analytical results, isopachs, and visual
examination of the contamination.
Following excavation, confirmation
samples were collected at the base of the
excavation to determine if the
concentrations of PCBs, cPAHs, and
total lead were below the respective
cleanup goals. If a sample exceeded the
target cleanup goal, excavation
continued. If the target cleanup goals
were met, the sample was used as a
confirmation sample, and the area
represented by the sample node was
confirmed as closed. Pre-excavation and
most confirmation samples were
collected at specified locations on a
sampling grid that was developed to
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provide a statistically valid approach for
confirming that the soils and sediments
had meet the target cleanup goals.
Additional random samples were
collected as determined necessary in the
field to confirm attainment of target
cleanup goals.
The Site was divided into five sample
areas in the 100% Remedial Design,
based on contaminants, target cleanup
goals, Site history, geology, and a review
of the Remedial Investigation data.
Based on all this information, a work
plan was developed, approved, and
implemented. Areas 1, 2, and 3 were
sampled for PCBs, Area 4 for lead, and
Area 5 for cPAHs. All five areas were
further divided into subareas. Statistical
analysis of the sampling concluded that
the cleanup levels were met in all
Sample Areas except Subarea 5B.
Subarea 5B underwent two rounds of
excavation and three rounds of
sampling. Analyses of the third round of
samples collected at 1.4 to 3.3 feet
below ground surface found cPAHs
concentrations ranging between 1.2 to
6.6 ppm. In a letter dated October 27,
1997, MEDEP approved no further
excavation was warranted in subarea 5B
after calculating toxicity equivalence
factors for the individual cPAH
concentrations remaining in subarea 5B.
The total toxicological equivalency
value was found to be 1 ppm, which
was less than the applicable worker
standard of 7 ppm and less than the
residential scenario of 2 ppm. EPA
provided approval for no further action
at subarea 5B.
Groundwater has been monitored at
the Site since 1986. Beginning in Spring
2008, the sampling frequency was
changed from semi-annual to annual.
The monitoring program currently
consists of nine wells, four outside the
TI Zone and five within the TI Zone and
downgradient of the TWA II area. Based
on steady improvements in
groundwater, and that groundwater had
met target cleanup goals for the Site in
all wells outside the TI Zone since 2006,
28 monitoring wells and piezometers at
the Site were decommissioned in
September 2008. Groundwater
monitoring reports have been prepared
by CMP’s consultant Woodard & Curran
and the data demonstrate the attainment
of the cleanup levels for the Site.
The results of the ten-year sampling
program showed the sediments in Riggs
Brook to be stable, with no indication
that PCBs were migrating or increasing
in concentration. Over 95% of the
samples were below the PCB action
trigger level of 5 ppm with the annual
mean varying between 0.38 to 1.93 ppm.
With one location, sediment 3018,
having the maximum PCB concentration
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from 2001 through 2005, CMP proposed
to excavate a ten-foot square centered on
that sediment location. EPA, after
opportunity for review and comment by
MEDEP, approved this approach.
Approximately three tons of material
were excavated and disposed offsite at
a Special Waste landfill in Maine.
Operation and Maintenance
The O&M activities associated with
the SCRA and long-term monitoring at
the Site were initiated in 1998 upon
completion of the SCRA. Inspections of
the Site have been conducted semiannually. The O&M Plan for the Site
was last updated in October 2009 and
describes the long-term activities for
OU–1 and OU–2 at the Site, including
inspections, soil cover sampling, routine
maintenance, and repairs as necessary.
Sediment and biota sampling have been
completed for OU–3, and therefore,
there are no O&M activities associated
with OU–3. Inspections have been
conducted at the Site and have
documented that the vegetation is well
developed and minor ruts in the access
road have been repaired. There has been
no significant erosion of the soil cover
over the Designated Area or on the slope
leading down to the Riggs Brook since
the completion of the SCRA. Because
contamination remains that prevents
unlimited exposure and unrestricted use
of the Site, it is anticipated that
maintenance and inspections will
continue for an extended period of time.
In 1994, CMP and MEDEP signed an
agreement in the form of a Declaration
of Restrictive Covenant. This covenant
includes the following: Any use of the
groundwater beneath the Site is
prohibited without the written approval
of MEDEP; any activity which might
disrupt remedial or monitoring
measures is prohibited without the
written approval of MEDEP; and CMP or
any subsequent owner shall maintain
the Site in a condition adequate to
ensure the continued compliance with
all applicable standards and to ensure
the ongoing adequacy of the
remediation. On September 13, 2002,
the Declaration of Restrictive Covenant
was recorded in the Kennebec County
Registry of Deeds.
Additionally, the restrictive covenant
provides that CMP and all subsequent
owners shall maintain the Site property
in a condition adequate to ensure the
continued compliance with all
applicable cleanup standards and to
ensure the ongoing adequacy of the
remedial action implemented under the
Consent Decree. Specific examples of
required ongoing activities include, but
are not limited to maintenance of ‘‘all
drainage ways, berms, monitoring wells,
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Fmt 4700
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permeable or impervious caps or covers
(including paved portions of the
property and areas covered by topsoil or
other clean fill), piping, pumps and
electrical equipment constructed or
installed under the Consent Decree.’’ By
its terms, the restrictive covenant is
enforceable only by MEDEP.
Compliance with this covenant is
confirmed at the same time as the spring
Site inspection.
Five-Year Review
Statutory five-year reviews are
required at the O’Connor Superfund Site
since hazardous substances remain at
the Site above levels that allow for
unlimited use and unrestricted
exposure. Five-year reviews were
completed for the Site in 2002, 2007,
and 2012. The 2012 Five-Year Review
stated that remedial actions at all OUs
are protective, and therefore the Site is
protective of human health and the
environment. The 2012 Five-Year
Review made the following
protectiveness statements for each
operable unit and sitewide:
OU–1: The remedial action for OU–1
has been completed and is protective
of human health and the
environment. Exposure pathways that
could result in unacceptable risk are
being controlled through a clean soil
cap that covers remaining
contamination and institutional
controls that have been placed on the
Site. The O&M plan was updated and
approved in 2009 and its
implementation will ensure that the
OU–1 remedy remains protective.
OU–2: The remedy for OU–2 is
protective of human health and the
environment. Exposure pathways that
could result in unacceptable risk are
being controlled with institutional
controls covering the entire Site.
Outside the TI Zone, groundwater has
met the performance standards for
VOCs since Spring 2002 and for PCBs
since Spring 2006. Long-term
monitoring will continue to ensure
that the performance standards
continue to be met.
OU–3: The remedy at OU–3 is
protective of human health and the
environment. Annual sampling of
sediments for ten years resulted in
over 95% of the samples being below
the 5 ppm trigger level with the
annual mean PCB concentration
varying between 0.38 and 1.72 ppm.
Results from the two biota sampling
events were below the threshold level
of 2 ppm for all samples, with the
overall average being below 1 ppm.
Site inspections have documented
functioning habitat in both the
uplands and wetlands.
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Sitewide: Because the remedial
actions at all OUs are protective, the
Site is protective of human health and
the environment.
The 2012 Five-Year Review did not
identify any issues in any of the
operable units. The Final Remedial
Action Report for OU–1 was signed in
1998 and the Final Remedial Action
Report for OU–3 was signed in 2007.
EPA signed the Superfund Property
Reuse Evaluation Checklist for
Reporting the Sitewide Ready for
Anticipated Use Government
Performance and Results Act Measure in
2009.
The next Five-Year Review is
scheduled to be completed in
September 2017.
tkelley on DSK3SPTVN1PROD with RULES
Community Involvement
Leading up to the 1989 ROD, EPA
kept the community and other
interested parties apprised of the Site
activities through informational
meetings, fact sheets, press releases and
public meetings. On July 19, 1989, EPA
held a public informational meeting to
discuss the results of the Remedial
Investigation and the cleanup
alternatives presented in the Feasibility
Study, and to present the Agency’s
Proposed Plan. On August 10, 1989, the
Agency held a public hearing to accept
any oral comments about the Site.
Since the 1989 ROD, community
involvement has been low. In June 2002
EPA published a Proposed Plan to
amend the 1989 ROD. EPA held a public
information meeting on June 24, 2002,
and a formal public hearing on July 9,
2002. Only a few community members
attended the informational meeting and
none attended the public hearing. No
comments from the community were
received on the June 2002 Proposed
Plan.
EPA issued a press release on May 8,
2002, that was published in the
Kennebec Journal announcing EPA’s
first five-year review of the O’Connor
Site cleanup. The press release
encouraged public participation.
Similarly, EPA issued public notices
announcing EPA’s second and third
five-year reviews that were published in
the Kennebec Journal on May 24, 2007,
and May 25, 2012, respectively. These
notices encouraged public participation
and provided EPA contact information.
EPA will follow the procedures for
community involvement activities
associated with deletion described in
the 2011 guidance document ‘‘Close Out
Procedures for National Priorities List
Sites.’’ These include preparing a public
notice for publication in the local paper
and notification to the Natural Resource
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Trustees of EPA’s plan to delete the Site
from the NPL.
Determination That the Site Meets the
Criteria for Deletion in the NCP
EPA Region 1 has followed the
deletion procedures required by 40 CFR
300.425(e). The implemented remedy
has achieved the degree of cleanup or
protection specified in the 1989 ROD,
1994 ESD, and 2002 ROD Amendment
for all pathways of exposure. The
activities for OU–1 remedy were
successfully completed in 1997 and the
activities for OU–3 remedy were
successfully completed in 2006. With
the 2002 Technical Impracticability
waiver, groundwater (OU–2) beyond the
TI Zone has met all cleanup standards
since 2006. Therefore, EPA has
determined, in consultation with
MEDEP, all appropriate response
actions have been implemented, and
thus a criterion for deletion has been
met.
V. Deletion Action
The EPA, with concurrence of the
State of Maine through the Maine
Department of Environmental
Protection, 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 May 12, 2014
unless EPA receives adverse comments
by April 11, 2014. 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.
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13887
Dated: February 27, 2014.
H. Curtis Spalding,
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
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]
2. Table 1 of Appendix B to part 300
is amended by removing the entry for
‘‘ME,’’ ‘‘O’Connor Co’’, ‘‘Augusta’’.
■
[FR Doc. 2014–05224 Filed 3–11–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 600
[CMS–2380–FN]
RIN 0938–ZB12
Basic Health Program; Federal
Funding Methodology for Program
Year 2015
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final methodology.
AGENCY:
This document provides the
methodology and data sources to
determine the federal payment amounts
made to states in program year 2015 that
elect to establish a Basic Health Program
certified by the Secretary under section
1331 of the Patient Protection and
Affordable Care Act to offer health
benefits coverage to low-income
individuals otherwise eligible to
purchase coverage through Affordable
Insurance Exchanges.
DATES: Effective Date: January 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Christopher Truffer, (410) 786–1264; or
Jessica Schubel, (410) 786–3032.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Background
II. Summary of Proposed Provisions and
Analysis of and Responses to Public
Comments on the Proposed Methodology
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]]>Agencies
[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Rules and Regulations]
[Pages 13882-13887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05224]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL 9907-66-Region 1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the O'Connor Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 1 is
publishing a direct final Notice of Deletion of the O'Connor Superfund
Site (Site), located in Augusta, Maine, 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 Maine, through the Maine Department of Environmental
Protection, 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 Superfund.
DATES: This direct final deletion is effective May 12, 2014 unless EPA
receives adverse comments by April 11, 2014. 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-1983-0002, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: connelly.terry@epa.gov.
Fax: 617 918-0373.
Mail: Terrence Connelly, US EPA Region 1, 5 Post Office
Square, Suite 100, Boston, MA 02109--3919.
Hand delivery: US EPA Region 1, 5 Post Office Square,
Suite 100, Boston, MA 02109-3912. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
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
https://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 https://www.regulations.gov or email. The https://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 email comment directly to EPA without
going through https://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
[[Page 13883]]
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 https://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 https://www.regulations.gov or in hard copy at:
EPA Records and Information Center, 5 Post Office Square, First Floor,
Boston, MA 02109[middot]3912, Monday-Friday 8:00 a.m.-5:00 p.m.
and
Lithgow Public Library, 45 Winthrop St., Augusta, Maine 04330, Mon-
Thurs 9:00 a.m.-8 p.m., Friday 9:00 a.m.-5 p.m., Saturday 9:00 a.m.-
12:00 p.m.
FOR FURTHER INFORMATION CONTACT: Terrence Connelly, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 1, Mailcode
OSRR07-1, 5 Post Office Square, Suite 100, Boston, MA 02109-3919, (617)
918-1373, email: connelly.terry@epa.gov.
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 O'Connor, also known as the F. O'Connor Company, Superfund Site
(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 12, 2014 unless EPA receives
adverse comments by April 11, 2014. 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 O'Connor 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 Maine 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 review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the State, through the Maine Department of
Environmental Protection, 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
Kennebec Journal. 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.
[[Page 13884]]
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Site CERCLIS ID is MED980731475. The Site consists of
approximately 23 acres within a 28-acre property owned by Central Maine
Power Company (CMP) and is located on Maine State Route 17
approximately three miles east of the Kennebec River in Augusta, in
Kennebec County, Maine. The Maine Department of Environmental
Protection (MEDEP) also designated the same 23-acre property as a
Hazardous Substance Site. The surrounding area is generally rural. The
property is bordered on the east and southeast by Riggs Brook, a small
northerly flowing tributary of the Kennebec River, on the north and
west by woodlands, and on the south by Route 17. The property south of
Route 17 is primarily wooded. A residence abuts the CMP property along
its western boundary. Automotive entry to the Site is limited to Route
17; there are trails which enter the Site from the north and west.
The land at the Site was used as farmland until the 1950s when the
F. O'Connor Company established a salvage yard and transformer
recycling operation on the property. The F. O'Connor Company operated
until the late 1970s. This resulted in drippage and spillage of oil to
the ground, principally in the three transformer work areas (TWAs).
In February 1972, an oil spill was found to have migrated toward
Riggs Brook. In 1976, MEDEP began investigations through sampling and
analysis of the soils, sediments, and surface waters for
polychlorinated biphenyls (PCBs). Soil and groundwater contamination
primarily consisted of PCBs with some volatile and semivolatile organic
compounds (VOCs and SVOCs), and inorganics. Potential sources of
contamination that were identified included the TWAs, scrap piles, oil
storage tanks, and two lagoons installed to help control oil migration
from the property. Concern for the potential impact on soils, surface
water, and groundwater were the primary reasons the Site was proposed
for the National Priorities List on December 30, 1982, (47 FR 58476).
The Site was listed on September 8, 1983, (48 FR 40658).
Three removal actions were performed at the Site by the F. O'Connor
Company and CMP. In 1977, at the request of MEDEP the F. O'Connor
Company discontinued use of the lagoons, pumped the lagoon water into
storage tanks and excavated the lagoon sediments which were then placed
in an upland area upgradient of the TWAs. In 1984, EPA issued a
Unilateral Administrative Order to the F. O'Connor Company to construct
a fence encompassing approximately five acres of the Site. Under a 1986
Administrative Order by Consent between MEDEP and F. O'Connor Company
and CMP, 20 storage tanks and 21 55-gallon drums were removed off the
Site.
Remedial Investigation and Feasibility Study (RI/FS)
On May 13, 1986, EPA issued an Administrative Order by Consent to
the F. O'Connor Company and CMP. This Order was entered into
voluntarily by these parties in order to conduct a Remedial
Investigation/Feasibility Study (RI/FS) to determine the nature and
extent of contamination, to evaluate alternatives, and to make
recommendations for the appropriate remedial actions at the Site. The
FS identified seven exposure scenarios posing potential risks to human
health or the environment: Direct contact with soils by children;
inhalation of vapors from surface soils; ingestion of fish caught in
Riggs Brook; future direct contact with soils by on-site inhabitants;
future direct contact with sediments in the lower lagoon by children;
future inhalation of vapors by on-site inhabitants; and future
ingestion of groundwater from within the bedrock.
In 1992 CMP acquired ownership of the property from the F. O'Connor
Company.
Selected Remedy
A remedy was selected to meet the following Remedial Action
Objectives (RAOs) identified for the Site in the 1989 Record of
Decision (ROD):
Reduce potential present and future public health and
environmental risks from direct contact, ingestion, and/or dermal
absorption with the PCB-, cPAH-, and lead-contaminated soils and
sediments located on- and off-site;
Reduce potential present and future public health risks
from the inhalation of PCB vapors;
Reduce potential present and future public health risks
from the ingestion of PCB-contaminated fish from Riggs Brook;
Reduce potential future public health risks from the
ingestion of PCB-, benzene-, and 1,4 dichlorobenzene-contaminated
groundwater found on the Site; and
Reduce potential present and future environmental risks to
aquatic and terrestrial wildlife from exposures to the PCB-, lead-, and
aluminum-contaminated on-site surface water.
The major components of the Source Control (OU-1) remedy were:
Excavation and on-site treatment by solvent extraction
technology of all soil and sediment containing concentrations of PCBs
and cPAHs greater than 1 ppm and lead greater than 248 ppm;
Draining and off-site treatment of surface waters from the
Upland Marsh, Upper Lagoon, and Lower Lagoon;
Transportation and off-site disposal of soil and sediments
should solvent extraction not achieve target cleanup levels;
Establishment of compensatory wetlands; and
Site restoration following excavation activities.
The major components of the Management of Migration (OU-2) remedy
were:
Establishment of temporary institutional controls until
groundwater remediation goals were achieved;
Installation of groundwater extraction and monitoring
wells;
Installation of an on-site groundwater treatment and
recharge system; and
Treatment and recharge system monitoring, operation, and
maintenance.
The Management of Migration remedy also included response actions
for Riggs Brook sediment. These included:
Establishment and implementation of an extensive sediment
and biota sampling and analysis program within Riggs Brook; and
Implementation of public education programs.
In 1996, EPA designated Riggs Brook as OU-3. The remedy also
included five-year reviews of site-wide conditions.
The 1989 ROD has been modified three times. On July 11, 1994, an
Explanation of Significant Differences (ESD) was approved. This
adjusted the soil target cleanup goals for all soils that would be
located more than 12 inches below grade and within a three- to four-
acre area (the Designated Area) to a maximum 10 ppm for PCBs and for
cPAHs, and 248 ppm for lead. The target cleanup goals for soils outside
the Designated Area remained at 1 ppm for PCBs and for cPAHs, and 248
ppm for lead. The ESD also included a contingency that allowed soils
and sediments to be disposed offsite without solvent extraction
treatment, upon approval by EPA.
On October 23, 1995, EPA approved the contingency based upon the
determination that the solvent extraction treatment was not feasible to
meet the target cleanup goals.
[[Page 13885]]
On September 26, 2002, EPA issued a ROD Amendment. The ROD
Amendment for OU-2 required permanent institutional controls, active
oil recovery, long-term monitoring of groundwater, and five-year
reviews. The ROD Amendment also recognized the technical
impracticability of achieving the cleanup levels required by the 1989
ROD in groundwater found on the Site (third RAO of 1989 ROD) within a
reasonable timeframe. As a result, the ROD Amendment established a
Technical Impracticability Zone (TI Zone) for a portion of the Site
(including TWA II Area) where state and federal drinking water
standards are waived. The ROD Amendment did not substantially alter the
Source Control or Riggs Brook remedies.
Response Actions
The Source Control Remedial Action (SCRA) was conducted in two
phases. Phase I was completed in 1996. A subset of the soils were
remediated, the barn was decontaminated, demolished and disposed of
offsite, non-native debris was collected and disposed offsite, and the
Support Area for Phase II was constructed. Phase II activities were
conducted in 1997. During Phase II, surface water from the Upper
Lagoon, Lower Lagoon, and Upland Marsh was collected and disposed of
offsite, the remaining soils and sediments were remediated, the lagoons
and marsh were reconstructed, and the Site re-graded and vegetated.
All soils and sediments within OU-1 containing greater than 10 ppm
PCBs, 10 ppm cPAHs, and 248 ppm total lead were excavated and disposed
of at approved disposal facilities offsite. A total of 19,357 tons of
soil and sediment were excavated and disposed of: 8,010 tons
characterized as Special Waste (a State of Maine designation) were
transported to two facilities in Maine; 11,222 tons characterized as
TSCA and/or RCRA wastes to a facility in New York; and 125 tons
characterized as RCRA waste to a facility in Quebec.
Soils and sediments within the Designated Area containing less than
or equal to 10 ppm PCBs or cPAHs and less than 248 ppm total lead were
not excavated. Approximately 3,000 to 4,000 tons of soil and sediments
located outside the Designated Area and containing between 1 and 10 ppm
PCBs or cPAHs and less than 248 ppm total lead were excavated and
placed within the Designated Area.
The Management of Migration Remedial Action, as amended in 2002,
included active and passive oil recovery and monitoring of water
quality at the TI boundary and downgradient of it. Investigations
completed following the 1989 ROD determined that the migration of
contaminants in the shallow groundwater in the downgradient direction
was limited; the bedrock aquifer had low groundwater storage and
therefore a relatively small volume of water. It was also concluded
that the 1992 pump test had mobilized the PCB transformer oil and other
contaminants vertically downward into the bedrock flow regime.
Seepage of the transformer oil with elevated PCB concentrations
into the TWA II wells had been observed since it was first induced into
the wells during the 1992 pump test. The total amount of transformer
oil recovered from the five TWA II wells since their installation using
a combination of vacuum enhanced recovery (VER) and passive oil
recovery is about 125 gallons. Approximately 79 gallons of oil (about
63%) were recovered prior to the completion of the source control work,
and approximately 35 gallons (about 28%) after the completion of source
control through the summer of 2002. Approximately 7.4 gallons of oil
were recovered by the VER system in 2002, 2.5 gallons in 2003, and
about 0.3 gallons in both 2004 and 2006. The system was not operated in
2005 because of equipment failure. Significantly there was not any
increase in the amount recovered passively nor was any increase
observed when the active recovery resumed in August 2006. The amount of
oil removed from the wells using the VER system decreased steadily over
time to minimal amounts. In December 2006, the VER system was
decommissioned because the rate of oil recovery using passive recovery
was equal to or greater than with the VER system. Prior to 2005, the
passive oil recovery program was conducted monthly. Since 2005, passive
oil recovery has continued on a quarterly basis.
Groundwater cleanup standards defined in the 2002 ROD Amendment for
VOCs have been met at all wells at the TI boundary and beyond the TI
Zone since Spring 2002, and the cleanup standard for PCBs has been met
at all wells at the TI boundary and beyond the TI Zone since Spring
2006.
The 1989 ROD selected yearly sediment sampling for ten years for
Riggs Brook and its associated wetlands. In addition, biota sampling
was to be performed at least once, after five years of sediment
sampling. CMP conducted annual sediment monitoring of Riggs Brook for
ten years (1996-2005) as required by the ROD. At EPA's request, the
2000 annual sediment sampling program was supplemented with a sampling
grid with 51 locations adjacent to Riggs Brook in adjacent source
control areas. Biota sampling was first conducted in 1997 with the
collection of twenty samples. Following a recalculation of the data
from mg/kg dry weight to mg/kg wet weight, it was determined that all
samples were below the target level of 2 mg/kg (or ppm) of PCBs. A
second biota sampling occurred in September 2000, when a total of
twenty biota samples were collected from Riggs Brook and analyzed for
PCBs. As was the case in 1997, all samples were below the target level
of 2 mg/kg wet weight. A comparison to the 1997 data indicated that the
biota PCB concentrations had decreased.
Following review of the results from the 2000 sediment and biota
sampling, EPA and MEDEP agreed that with the decrease of PCBs in the
biota samples as well as the scattered locations of the sediment
exceedances, remedial efforts to address the scattered sediment
exceedances were not required at that time. Instead, the 2001 sampling
(year six of the ROD-required ten) was to be expanded to monitor the
locations identified in the supplemental sampling grid. The 2001
sediment sampling had one exceedance above the 5 ppm trigger level of
the thirty-six samples. This one location (location 3018, at 6.1 ppm)
is located near the wetland/upland boundary and within the area
excavated during the SCRA.
Cleanup Levels
The 1994 ESD changed the cleanup levels from 1 ppm PCBS and 1 ppm
PAHs to less than 10 ppm PCBs and 10 ppm cPAHs within the Designated
Area, while affirming the 1989 ROD cleanup levels of 1 ppm outside the
Designated Area. The total lead cleanup level remained the same at 248
ppm total. All soils and sediment within OU-1 above 10 ppm PCBs or 10
ppm cPAHs were disposed of at offsite facilities. The limits of
excavation within and outside the Designated Area were based on
analytical results, isopachs, and visual examination of the
contamination. Following excavation, confirmation samples were
collected at the base of the excavation to determine if the
concentrations of PCBs, cPAHs, and total lead were below the respective
cleanup goals. If a sample exceeded the target cleanup goal, excavation
continued. If the target cleanup goals were met, the sample was used as
a confirmation sample, and the area represented by the sample node was
confirmed as closed. Pre-excavation and most confirmation samples were
collected at specified locations on a sampling grid that was developed
to
[[Page 13886]]
provide a statistically valid approach for confirming that the soils
and sediments had meet the target cleanup goals. Additional random
samples were collected as determined necessary in the field to confirm
attainment of target cleanup goals.
The Site was divided into five sample areas in the 100% Remedial
Design, based on contaminants, target cleanup goals, Site history,
geology, and a review of the Remedial Investigation data. Based on all
this information, a work plan was developed, approved, and implemented.
Areas 1, 2, and 3 were sampled for PCBs, Area 4 for lead, and Area 5
for cPAHs. All five areas were further divided into subareas.
Statistical analysis of the sampling concluded that the cleanup levels
were met in all Sample Areas except Subarea 5B.
Subarea 5B underwent two rounds of excavation and three rounds of
sampling. Analyses of the third round of samples collected at 1.4 to
3.3 feet below ground surface found cPAHs concentrations ranging
between 1.2 to 6.6 ppm. In a letter dated October 27, 1997, MEDEP
approved no further excavation was warranted in subarea 5B after
calculating toxicity equivalence factors for the individual cPAH
concentrations remaining in subarea 5B. The total toxicological
equivalency value was found to be 1 ppm, which was less than the
applicable worker standard of 7 ppm and less than the residential
scenario of 2 ppm. EPA provided approval for no further action at
subarea 5B.
Groundwater has been monitored at the Site since 1986. Beginning in
Spring 2008, the sampling frequency was changed from semi-annual to
annual. The monitoring program currently consists of nine wells, four
outside the TI Zone and five within the TI Zone and downgradient of the
TWA II area. Based on steady improvements in groundwater, and that
groundwater had met target cleanup goals for the Site in all wells
outside the TI Zone since 2006, 28 monitoring wells and piezometers at
the Site were decommissioned in September 2008. Groundwater monitoring
reports have been prepared by CMP's consultant Woodard & Curran and the
data demonstrate the attainment of the cleanup levels for the Site.
The results of the ten-year sampling program showed the sediments
in Riggs Brook to be stable, with no indication that PCBs were
migrating or increasing in concentration. Over 95% of the samples were
below the PCB action trigger level of 5 ppm with the annual mean
varying between 0.38 to 1.93 ppm. With one location, sediment 3018,
having the maximum PCB concentration from 2001 through 2005, CMP
proposed to excavate a ten-foot square centered on that sediment
location. EPA, after opportunity for review and comment by MEDEP,
approved this approach. Approximately three tons of material were
excavated and disposed offsite at a Special Waste landfill in Maine.
Operation and Maintenance
The O&M activities associated with the SCRA and long-term
monitoring at the Site were initiated in 1998 upon completion of the
SCRA. Inspections of the Site have been conducted semi-annually. The
O&M Plan for the Site was last updated in October 2009 and describes
the long-term activities for OU-1 and OU-2 at the Site, including
inspections, soil cover sampling, routine maintenance, and repairs as
necessary. Sediment and biota sampling have been completed for OU-3,
and therefore, there are no O&M activities associated with OU-3.
Inspections have been conducted at the Site and have documented that
the vegetation is well developed and minor ruts in the access road have
been repaired. There has been no significant erosion of the soil cover
over the Designated Area or on the slope leading down to the Riggs
Brook since the completion of the SCRA. Because contamination remains
that prevents unlimited exposure and unrestricted use of the Site, it
is anticipated that maintenance and inspections will continue for an
extended period of time.
In 1994, CMP and MEDEP signed an agreement in the form of a
Declaration of Restrictive Covenant. This covenant includes the
following: Any use of the groundwater beneath the Site is prohibited
without the written approval of MEDEP; any activity which might disrupt
remedial or monitoring measures is prohibited without the written
approval of MEDEP; and CMP or any subsequent owner shall maintain the
Site in a condition adequate to ensure the continued compliance with
all applicable standards and to ensure the ongoing adequacy of the
remediation. On September 13, 2002, the Declaration of Restrictive
Covenant was recorded in the Kennebec County Registry of Deeds.
Additionally, the restrictive covenant provides that CMP and all
subsequent owners shall maintain the Site property in a condition
adequate to ensure the continued compliance with all applicable cleanup
standards and to ensure the ongoing adequacy of the remedial action
implemented under the Consent Decree. Specific examples of required
ongoing activities include, but are not limited to maintenance of ``all
drainage ways, berms, monitoring wells, permeable or impervious caps or
covers (including paved portions of the property and areas covered by
topsoil or other clean fill), piping, pumps and electrical equipment
constructed or installed under the Consent Decree.'' By its terms, the
restrictive covenant is enforceable only by MEDEP. Compliance with this
covenant is confirmed at the same time as the spring Site inspection.
Five-Year Review
Statutory five-year reviews are required at the O'Connor Superfund
Site since hazardous substances remain at the Site above levels that
allow for unlimited use and unrestricted exposure. Five-year reviews
were completed for the Site in 2002, 2007, and 2012. The 2012 Five-Year
Review stated that remedial actions at all OUs are protective, and
therefore the Site is protective of human health and the environment.
The 2012 Five-Year Review made the following protectiveness statements
for each operable unit and sitewide:
OU-1: The remedial action for OU-1 has been completed and is protective
of human health and the environment. Exposure pathways that could
result in unacceptable risk are being controlled through a clean soil
cap that covers remaining contamination and institutional controls that
have been placed on the Site. The O&M plan was updated and approved in
2009 and its implementation will ensure that the OU-1 remedy remains
protective.
OU-2: The remedy for OU-2 is protective of human health and the
environment. Exposure pathways that could result in unacceptable risk
are being controlled with institutional controls covering the entire
Site. Outside the TI Zone, groundwater has met the performance
standards for VOCs since Spring 2002 and for PCBs since Spring 2006.
Long-term monitoring will continue to ensure that the performance
standards continue to be met.
OU-3: The remedy at OU-3 is protective of human health and the
environment. Annual sampling of sediments for ten years resulted in
over 95% of the samples being below the 5 ppm trigger level with the
annual mean PCB concentration varying between 0.38 and 1.72 ppm.
Results from the two biota sampling events were below the threshold
level of 2 ppm for all samples, with the overall average being below 1
ppm. Site inspections have documented functioning habitat in both the
uplands and wetlands.
[[Page 13887]]
Sitewide: Because the remedial actions at all OUs are protective,
the Site is protective of human health and the environment.
The 2012 Five-Year Review did not identify any issues in any of the
operable units. The Final Remedial Action Report for OU-1 was signed in
1998 and the Final Remedial Action Report for OU-3 was signed in 2007.
EPA signed the Superfund Property Reuse Evaluation Checklist for
Reporting the Sitewide Ready for Anticipated Use Government Performance
and Results Act Measure in 2009.
The next Five-Year Review is scheduled to be completed in September
2017.
Community Involvement
Leading up to the 1989 ROD, EPA kept the community and other
interested parties apprised of the Site activities through
informational meetings, fact sheets, press releases and public
meetings. On July 19, 1989, EPA held a public informational meeting to
discuss the results of the Remedial Investigation and the cleanup
alternatives presented in the Feasibility Study, and to present the
Agency's Proposed Plan. On August 10, 1989, the Agency held a public
hearing to accept any oral comments about the Site.
Since the 1989 ROD, community involvement has been low. In June
2002 EPA published a Proposed Plan to amend the 1989 ROD. EPA held a
public information meeting on June 24, 2002, and a formal public
hearing on July 9, 2002. Only a few community members attended the
informational meeting and none attended the public hearing. No comments
from the community were received on the June 2002 Proposed Plan.
EPA issued a press release on May 8, 2002, that was published in
the Kennebec Journal announcing EPA's first five-year review of the
O'Connor Site cleanup. The press release encouraged public
participation. Similarly, EPA issued public notices announcing EPA's
second and third five-year reviews that were published in the Kennebec
Journal on May 24, 2007, and May 25, 2012, respectively. These notices
encouraged public participation and provided EPA contact information.
EPA will follow the procedures for community involvement activities
associated with deletion described in the 2011 guidance document
``Close Out Procedures for National Priorities List Sites.'' These
include preparing a public notice for publication in the local paper
and notification to the Natural Resource Trustees of EPA's plan to
delete the Site from the NPL.
Determination That the Site Meets the Criteria for Deletion in the NCP
EPA Region 1 has followed the deletion procedures required by 40
CFR 300.425(e). The implemented remedy has achieved the degree of
cleanup or protection specified in the 1989 ROD, 1994 ESD, and 2002 ROD
Amendment for all pathways of exposure. The activities for OU-1 remedy
were successfully completed in 1997 and the activities for OU-3 remedy
were successfully completed in 2006. With the 2002 Technical
Impracticability waiver, groundwater (OU-2) beyond the TI Zone has met
all cleanup standards since 2006. Therefore, EPA has determined, in
consultation with MEDEP, all appropriate response actions have been
implemented, and thus a criterion for deletion has been met.
V. Deletion Action
The EPA, with concurrence of the State of Maine through the Maine
Department of Environmental Protection, 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 May 12, 2014 unless EPA receives adverse comments by April
11, 2014. 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: February 27, 2014.
H. Curtis Spalding,
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 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 the entry
for ``ME,'' ``O'Connor Co'', ``Augusta''.
[FR Doc. 2014-05224 Filed 3-11-14; 8:45 am]
BILLING CODE 6560-50-P
