National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hatheway & Patterson Superfund Site, 56890-56895 [2017-25937]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Rules and Regulations]
[Pages 56890-56895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9971-32-Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hatheway & Patterson 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 is 
publishing a direct final Notice of Deletion of the Hatheway & 
Patterson Superfund Site (Site), located in Mansfield and Foxborough, 
Massachusetts, from the National Priorities List (NPL). The NPL, 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final deletion is being published 
by EPA with the concurrence of the Commonwealth of Massachusetts, 
through Massachusetts Department of

[[Page 56891]]

Environmental Protection (MassDEP), because EPA has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, monitoring, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: This direct final deletion is effective January 30, 2018 unless 
EPA receives adverse comments by January 2, 2018. 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-2002-0001, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Comments may also be submitted by 
email or mail to Kimberly White, Remedial Project Manager for Hatheway 
& Patterson Superfund Site, Office of Site Remediation and Restoration, 
Mail Code: OSRR07-1, U.S. Environmental Protection Agency, Region 1, 5 
Post Office Square, Suite 100, Boston, MA 02109-3912, email: 
white.kimberly@epa.gov or Emily Bender, Community Involvement 
Coordinator, Office of the Regional Administrator, Mail Code: ORA01-3, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912, email: 
bender.emily@epa.gov. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. Publicly available docket 
materials are available either electronically through https://www.regulations.gov or in hard copy at the site information 
repositories.
    Locations, contacts, phone numbers and viewing hours are: U.S. EPA 
Region 1, Superfund Records Center, 5 Post Office Square, Suite 100, 
Boston, MA 02109, Phone: 617-918-1440, Monday-Friday: 9:00 a.m.-5:00 
p.m., Saturday and Sunday--Closed.

FOR FURTHER INFORMATION CONTACT: Kimberly White, Remedial Project 
Manager for Hatheway & Patterson Superfund Site, Office of Site 
Remediation and Restoration, Mail Code: OSRR07-1, U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, 
MA 02109-3912, telephone number: 617-918-1752, email address: 
white.kimberly@epa.gov or Emily Bender, Community Involvement 
Coordinator, Office of the Regional Administrator, Mail Code: ORA01-3, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912, telephone 
number: 617-918-1037, email address: bender.emily@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 Hatheway & Patterson 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.
    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 Hatheway & Patterson 
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 Commonwealth of Massachusetts (the 
``state'') 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 Massachusetts Department 
of Environmental Protection (MassDEP), has concurred on the deletion of 
the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, The Sun 
Chronicle, Attleboro, MA. The

[[Page 56892]]

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 repository 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Hatheway and Patterson Superfund Site (Site), known by EPA Site 
Identification Number: MAD001060805, is located in the towns of 
Mansfield and Foxborough, Massachusetts. Approximately 36 acres of the 
Site are located in the Town of Mansfield, which is zoned for 
commercial/industrial use. The remaining 1.77 acres are located in the 
Town of Foxborough, also zoned for commercial use. The Site is bisected 
by the Rumford River, which runs north to south, and by a railroad 
right-of-way, which runs east to west.
    Prior to the 1950's, the property was reportedly used for various 
activities, including railroad operations, coal storage, bulk chemical 
transfer, and storage of electric/utility poles and railroad ties. 
Beginning in 1952, wood treatment operations by Hatheway & Patterson 
Co., Inc. (Hatheway & Patterson) began. Operations at the Site included 
the preservation of wood sheeting, planking, timber, piling, poles and 
other wood products and included the use of pentachlorophenol (PCP), 
creosote, fluoro-chrome-arsenate-phenol (FCAP) salts, chromated copper-
arsenate (CCA) salts, and fire retardants, including Dricon\TM\ (boric 
acid and anhydrous sodium tetraborate). Contamination was initially 
discovered in 1972, when a tar seep (approximately 62 feet long and 6 
inches thick) was discovered on the banks of the Rumford River on the 
southern portion of the property.
    Following the initial discovery of contamination, Hatheway & 
Patterson took steps to control the ``oily seepage'' from 1973 to 1991. 
Hatheway & Patterson filed for bankruptcy in 1993, leading to a removal 
action by EPA in 1993-1995 to address the imminent hazard posed by 
abandoned chemicals and waste at the Site. The Site was placed on the 
National Priorities List (NPL) by publication in the Federal Register 
on September 5, 2002, 67 FR 56757.

Remedial Investigation and Feasibility Study (RI/FS)

    The Remedial Investigation and Feasibility Study were completed in 
2005. As part of the investigation, soil, surface water, groundwater, 
sediments and fish tissue were evaluated. The primary contaminants 
identified at the Site were arsenic, dioxin, polycyclic aromatic 
hydrocarbons (PAHs), pentachlorophenol (PCP) and other semi-volatile 
organic compounds (SVOCs). Light Non-Aqueous Phase Liquid (LNAPL) hot 
spot areas/isolated pockets of free product and LNAPL-saturated 
subsurface soils were also detected throughout the Site.
    The baseline human health risk assessment concluded that exposure 
to surface and subsurface soil was associated with an unacceptable 
human health risk outside EPA's acceptable risk range under current and 
future exposure scenarios. On-site overburden and bedrock groundwater 
was also associated with an unacceptable human health risk. The 
baseline ecological risk assessment concluded that there was not a 
substantial risk from exposure to site-related contaminants. The FS 
evaluated alternatives with various combinations of soil treatment 
technologies, excavation, off-site disposal of contaminants, 
consolidation of contaminated soil and sediments under a cap and 
institutional controls.

Selected Remedy

    In September 2005, EPA issued a Record of Decision (ROD) that set 
forth the Selected Remedy at the Hatheway and Patterson Superfund Site 
to address current and future risks due to direct contact and 
incidental ingestion of soil and risks to future users of groundwater. 
The Remedial Action Objectives (RAOs) for the Site outlined in the ROD 
were as follows:

    Surface Soil--Prevent current and future users from ingesting or 
contacting surface soils contaminated with arsenic, dioxin, 
pentachlorophenol, benzo(a)pyrene, and other Site contaminants that 
pose a risk to human health.
    Subsurface Soil--Prevent future users from ingesting or 
contacting subsurface soils contaminated with arsenic, dioxin, 
pentachlorophenol, benzo(a)pyrene, and other Site contaminants that 
pose a risk to human health.
    LNAPL--Prevent further contaminant transfer from LNAPL to 
groundwater by reducing LNAPL source material in soil excavation/
treatment areas. Prevent further migration of LNAPL to groundwater 
and surface water by removing free product ``hotspots'' to the 
extent feasible.

    The Selected Remedy included: Demolition of buildings in and near 
Hatheway & Patterson's former manufacturing area; excavation and on-
site consolidation of soils contaminated with arsenic and 
pentachlorophenol under a low-permeability cover, after being 
stabilized with cement to achieve leachability criteria; disposal of 
soil contaminated with dioxin and free product LNAPL at a licensed off-
site facility; institutional controls to prohibit the use of Site 
groundwater and restrict land uses in a manner that ensures the 
protectiveness of the remedy as described in the ROD; long term 
monitoring of groundwater, surface water, sediment, as well as fish 
tissue analysis of specimens caught in the Rumford River; and Five-Year 
Reviews of the remedy.
    Modifications to the remedy were documented in the 2011 Explanation 
of Significant Differences (ESD). Based on a zoning change for the 
Foxborough parcel from residential use to ``Limited Industrial'' use, 
and intended reuse of the parcel as a parking lot, EPA and MassDEP 
determined that the Foxborough parcel should be remediated to a 
Reasonably Anticipated Future Use of commercial/open space. Therefore, 
the cleanup level for arsenic was changed for this parcel, and it was 
then used as a consolidation area for soils contaminated with arsenic 
and covered with asphalt in order to facilitate the use of the parcel 
as a parking lot. The ESD also documented that PCP and arsenic-
contaminated soils in the Mansfield portion of the Site were disposed 
at an off-site facility rather than consolidated on-site as described 
in the ROD. In addition, the ESD clarified the extent of institutional 
controls to be placed on the Site properties.

[[Page 56893]]

Response Actions

    Through an Interagency Agreement with EPA Region 1, the U.S. Army 
Corps of Engineers New England District (USACE) performed the Selected 
Remedy. Remedial construction activities commenced in September 2009 
and were substantially completed in September 2010. A total of 34,000 
tons of soil was removed from the Northern Mansfield Property and the 
Foxborough Property and 9,500 tons of soil was removed from the eastern 
portion of the Southern Mansfield Property for off-site disposal to a 
RCRA subtitle C hazardous waste landfill, Envirosafe of Oregon, Ohio. 
Approximately 5,000 tons of soil exceeding arsenic cleanup levels were 
consolidated in the ``Capped Consolidation Area'' on the Foxborough 
Property under a multi-layer low-permeability barrier (i.e., the 
asphalt cover). A small portion of land along the western boundary of 
the Foxborough Property, approximately 30 feet wide, was left unpaved. 
All portions of the Foxborough Property that are not part of the Capped 
Consolidation Area are referred to as the ``Unpaved Area''. The Unpaved 
Area of the Foxborough Property was cleaned-up to the same level that 
was being used in the rest of the Site in Mansfield that was zoned open 
space/commercial.
    The properties owned by the towns of Mansfield and Foxborough have 
institutional controls in the form of Notice of Activity and Uses 
Limitations (NAULs), to prevent uncontrolled access to the remaining 
contamination. Institutional controls were also placed on the railroad 
right-of way, owned by the Massachusetts Department of Transportation, 
in the form of signage to prevent the potential exposure to any future 
utility workers. The property owners are required comply with the 
institutional controls for the Site; this will be verified during the 
Five-Year Reviews.

Cleanup Levels

    The source control remedy at the Site was performed in accordance 
with EPA-approved plans and specifications. No additional EPA 
construction is anticipated at the Site. The source control remedial 
cleanup levels (listed below) were set in the ROD based on commercial/
open-space reuse:

------------------------------------------------------------------------
                                                          Cleanup  level
                       Contaminant                             (ppm)
------------------------------------------------------------------------
Benzo(a)pyrene..........................................             2.1
Dioxin..................................................           0.001
Arsenic.................................................            16.0
Pentachlorophenol.......................................            90.0
------------------------------------------------------------------------

    During the remedial action, if contaminants of concern (COCs) were 
detected above the clean-up criteria listed above, excavation continued 
horizontally and vertically until either: (1) Post-excavation 
confirmatory samples met the clean-up criteria; (2) planned excavation 
limits along County Street and the railroad right of way were met, or 
(3) for vertical excavation, the water table was reached.
    Post-excavation confirmatory sampling was performed in conjunction 
with excavation activities from the bottom of excavation and ``clean'' 
perimeter embankment and tested for the COCs. Generally, as excavation 
was completed in a grid cell area, confirmatory soil samples were 
collected from the bottom and sidewalls of the excavation. Bottom 
samples were comprised of a five-point composite sample collected from 
the center and four corners of the excavation cell. Sidewall samples 
were collected from the sidewalls of excavations when grids were 
adjacent to the Site perimeter. If excavation sidewalls were greater 
than three feet in depth, an additional sample was collected below this 
interval to the bottom of the excavation. All samples collected and 
analytical results are summarized in the Remedial Action Completion 
Report, dated August 2011.

Operation and Maintenance

Institutional Controls
    Institutional controls in the form of enforceable Notices of 
Activity and Use Limitations (NAULs) were recorded with the deed on 
properties associated with the Site, as listed below:

    Northern Mansfield Property, 35 County St., Mansfield, MA [Map 
19 Lot 210, Book 6160 Page 89] (Northern Bristol County Registry of 
Deeds),
    Southern Mansfield Property, Morrow St., Mansfield, MA [Map 18 
Lot 230-235, Book 2164 Page 64] (Northern Bristol County Registry of 
Deeds), and
    Foxborough Property, 41 County St., Foxborough, MA [Map 158 Lot 
4060, Book 11412 Page 408] (Norfolk County Registry of Deeds).

    The NAUL on each property specifies the current allowable and 
prohibited uses of the property, and establishes limits and conditions 
on the future uses of contaminated portions of the property. The 
restrictions are different for each property, but generally restrict 
the use of groundwater and subsurface soils where contamination remains 
on the site. The NAUL provides information about the risks remaining at 
the Site for current and future owners and interest holders. The NAULs 
require that the site owner submit annual reports to EPA and MassDEP 
regarding the status of the ICs. EPA will also assess site conditions 
and interview town officials as part of the Five Year Review process to 
confirm that only the permitted uses have taken place on the restricted 
properties. Should there be violations of the restrictions contained in 
the NAUL, the state has the authority to take an enforcement action 
against any property owner.
    In addition to NAULs, institutional controls in the form of signage 
were used along the railroad right-of-way that intersects the Site 
stating to contact the property owner before soils are disturbed. The 
signage along the railroad right-of-way will be inspected periodically 
at a minimum every five years as part of EPA's Five Year Review process 
and/or during regular operation and maintenance activities conducted by 
the state.
Long-Term Groundwater, Surface Water and Sediment Monitoring
    The ROD required long-term monitoring of groundwater, surface 
water, fish tissue and sediment, and operation and maintenance of the 
low-permeability cover. As a result of changes to the remedy documented 
in the ESD, the Hatheway and Patterson Operation and Maintenance 
Manual, dated August 2017 requires semi-annual monitoring of 
groundwater following the first five-year review, and sampling of 
sediment and surface water at least once every five years following the 
second five-year review. The 2017 Operation and maintenance (O&M) 
Manual also provides an explanation for eliminating the fish tissue 
sampling requirement which is primarily due to the lack of fish in the 
Rumford River.
    The ROD contains performance standards for on-site groundwater and 
for groundwater at the boundary of the Site. If monitoring indicates 
exceedances of the on-site groundwater performance standards, further 
evaluation of the impacts to surface water and sediments is needed. If 
monitoring indicates exceedances of the Site boundary groundwater 
performance standards, the ROD requires an evaluation of whether off-
site receptors are at risk. MassDEP is the lead agency performing the 
O&M, including the groundwater, surface water and sediment monitoring 
for the Site.

[[Page 56894]]

Five-Year Review

    Five-year reviews are required at the Site because hazardous 
substances will remain at the Site above concentration levels that 
would allow for unrestricted use and unrestricted exposure after the 
completion of all remedial actions. Pursuant to CERCLA Section 121(c), 
NCP Section 300.400(f)(4)(ii) and as provided in OSWER Directive 
9355.7-03B-P, June 2001, Comprehensive Five-Year Review Guidance, EPA 
must conduct statutory five-year reviews at the Site. The purpose of 
these reviews is to evaluate whether the selected remedy remains 
protective of human health and the environment. These five-year reviews 
are required no less often than each five years after the initiation of 
the remedial action. EPA may terminate these reviews when no hazardous 
substances, pollutants, or contaminants remain at the Site above levels 
that allow for unrestricted use and unlimited exposure.
    The first five-year review was conducted in 2014, and found that 
the remedy at the Hatheway & Patterson Superfund Site currently 
protects human health and the environment. Several issues were raised 
in the 2014 Five-Year Review and resolved as discussed below.
    Institutional Controls: At the time of the 2014 Five-Year Review, 
institutional controls were not in place. Between 2015 and 2017, all 
institutional controls for the Site were implemented.
    Sediment Sampling: An issue was noted with the sediment sampling 
locations. To address the issue additional sediment sampling was 
performed and the results showed contaminants concentrations in 
sediment at the Site remain protective of human health and the 
environment.
    Fish Tissue and Surface Water Sampling: Fish tissue and surface 
water sampling were not performed as required by the ROD. To address 
this issue, the 2017 O&M Manual was written to reflect site conditions 
(a lack of fish in the Rumford River) and to require sediment and 
surface water monitoring at a minimum in conjunction with the five-year 
reviews.
    Groundwater: Two issues related to groundwater were raised in the 
2014 Five-Year review. First, to determine whether a detection of a 
contaminant of concern at an off-site well was site actual and 
persistent; and second, to evaluate whether the active irrigation wells 
outside the compliance boundary have impacted groundwater flow 
directions. To address the first issue, additional sampling was 
performed at the off-site well which showed the contaminant was below 
state groundwater standards and was likely not site-related. To address 
the second issue, EPA compiled a technical memorandum documenting that 
the irrigations wells are not impacting groundwater flowpaths near the 
Site. Also, periodic groundwater monitoring will continue to confirm 
that off-site wells are not impacted.
    The 2014 Five-Year Review found that the remedy at the Hatheway & 
Patterson Superfund Site protects human health and the environment 
because remediation of the soil (soil removal and on-site 
consolidation) has been completed to cleanup levels that are considered 
protective for the anticipated future use of the property, and there is 
no current use of on-site groundwater which is classified as non-
potable. Institutional controls have been created and recorded to 
restrict inappropriate land uses (including use of groundwater) and 
protect the consolidation area cover. Operation and maintenance 
activities have been initiated and will ensure that the consolidation 
area and associated components of the remedy (e.g., groundwater 
monitoring wells) remain in good condition. In addition, monitoring of 
groundwater will continue to assess the protectiveness of the remedy.

Community Involvement

    Throughout the Site's history, EPA has kept the community and other 
interested parties apprised of Site activities through informational 
meetings, fact sheets, press releases, and public meetings. A Community 
Relations Plan was established before remedial actions were performed 
at the Site to address issues of community concern and community 
relation activities conducted by EPA. Activities included providing 
information concerning the progress of remedial activities to 
interested citizens and allowing those individuals or groups an 
opportunity to provide comments as EPA conducts remedial activities at 
the Site. EPA also issued press releases announcing the start and 
conclusion of the five-year review and will continue to do so.

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

    Remedial Design and Remedial Action (RD/RA) activities at the Site 
were consistent with the ROD and EPA RD/RA Statements of Work provided 
to USACE. RA plans for all phases of construction included a Quality 
Assurance Project Plan (QAPP) dated October 2009 and QAPP Revision 1, 
dated March 2010. The QAPP incorporated all EPA and state quality 
assurance and quality control procedures and protocols (where 
necessary). All procedures and protocols were followed for soil, 
sediment, water, and air sampling during the RA. EPA analytical methods 
were used for all validation and monitoring samples during all RA 
activities. EPA has determined that the analytical results are accurate 
to the degree needed to assure satisfactory execution of the RA, and 
are consistent with the ROD and the RD/RA plans and specifications. All 
Institutional Controls are in place and currently EPA expects that no 
further Superfund response is needed to protect human health and the 
environment, except future Five Year Reviews.
    Operation and maintenance (O&M) activities were agreed upon by EPA 
and the state following construction of the remedy. The operation and 
maintenance activities are documented in the 2017 O&M Manual. The state 
preforms O&M at the Site and will follow state quality assurance/
quality control plans associated with the 2017 O&M plan.
    This Site meets all the site completion requirements as specified 
in OSWER Directive 9320.2-09-A-P, Close Out Procedures for National 
Priorities List Sites. All cleanup actions specified in the ROD and ESD 
have been implemented. Confirmatory ground-water monitoring and 
institutional controls provide further assurance that the Site no 
longer poses any threats to human health or the environment. The only 
remaining activity to be performed is O&M that the state has 
guaranteed. Five year reviews and monitoring will also be conducted at 
the Site. A bibliography of all reports relevant to the completion of 
this Site under the Superfund program is in the administrative record 
for this deletion.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth of Massachusetts 
through the Department of Environmental Protection, has determined that 
all appropriate response actions under CERCLA, other than operation and 
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 January 30, 2018 unless EPA receives adverse comments by 
January 2, 2018. If adverse comments are received within the 30-day 
public comment period, EPA will publish a

[[Page 56895]]

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

    Dated: October 18, 2017.
Deborah Szaro,
Acting Regional Administrator, Region 1.

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

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

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

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing ``MA'', 
``Hatheway and Patterson Company'', ``Mansfield''.

[FR Doc. 2017-25937 Filed 11-30-17; 8:45 am]
 BILLING CODE 6560-50-P