83 FR 6981 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hatheway & Patterson Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 33 (February 16, 2018)

The Environmental Protection Agency (EPA) Region 1 announces the 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). The EPA and the Commonwealth of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6981-6982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03275]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9974-43--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces 
the 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). The EPA and 
the Commonwealth of Massachusetts, through the Massachusetts Department 
of Environmental Protection (MassDEP), have determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES:  This action is effective February 16, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-2002-0001. All documents in the 
docket are listed on the http://www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the site information repositories. Locations, contacts, 
phone numbers and viewing hours are:
    U.S. EPA Region 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, U.S. Environmental Protection Agency, Region 1, OSRR07-1, 
Boston, MA 02109-3912, (617) 918-1752, email: [email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Hatheway & Patterson Superfund Site, Mansfield and Foxborough, 
Massachusetts. A notification of deletion for this Site was published 
in the Federal Register (82 FR 56939) on December 1, 2017.

[[Page 6982]]

    The closing date for comments on the notification of deletion was 
January 2, 2018. Six (6) public comments were received and three of the 
comments questioned whether EPA completed what is required under CERCLA 
and whether deletion of the Site was appropriate; the remaining three 
comments did not articulate a position on the proposed deletion. As a 
result of the comments, EPA published a notification of withdrawal of 
the direct final rule in the Federal Register (83 FR 4431) on January 
31, 2018, withdrawing the direct final deletion for the Site and 
announcing it would evaluate and respond to the significant comments 
and, if appropriate, proceed with the traditional two-step deletion 
process.
    After consideration of the comments received, EPA concluded that 
the deletion of the Site is still appropriate. Based on EPA's 
evaluation of the data, the remedy 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, there is no 
current use of on-site groundwater which is classified as non-potable, 
and institutional controls are in place. Operation and maintenance 
activities are on-going 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. Monitoring 
data collected as part of the operation and maintenance plan for the 
Site will continue to be collected for the foreseeable future and the 
data will be continuously evaluated. The data will be reported as part 
of the next Five- Year Review scheduled for 2019. During the Five-Year 
Review, EPA will evaluate whether the remedy remains protective. If 
additional actions are warranted, EPA will implement those actions. A 
responsiveness summary was prepared which addresses all comments 
received on the deletion and provides further rationale that the 
deletion is appropriate. The responsiveness summary may be viewed in 
both the docket, EPA-HQ-SFUND-2002-0001, on www.regulations.gov, and in 
the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion from the NPL does not preclude further remedial action. 
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. Deletion of a site from the NPL does not 
affect responsible party liability in the unlikely event that future 
conditions warrant further actions.

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: January 29, 2018.
Alexandra Dapolito Dunn,
Regional Administrator Region 1.

    For reasons set out in the preamble, 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. 2018-03275 Filed 2-15-18; 8:45 am]
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