[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29108-29111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0008; FRL-9911-19-Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Town Garage/Radio Beacon 
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 Town Garage/Radio 
Beacon, Superfund (Site), located in Londonderry, New Hampshire 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 New Hampshire, through the New Hampshire 
Department of Environmental Services (NHDES), because EPA has 
determined that all appropriate response actions under CERCLA, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective July 21, 2014 unless EPA 
receives adverse comments by June 20, 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-1989-0008, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: lovely.william@epa.gov or elliott.rodney@epa.gov.
     Fax: 617-918-0240 or 617-918-0372.
     Mail: William Lovely, EPA Region 1--New England, 5 Post 
Office Square, Suite 100, Mail Code OSRR07-4, Boston, MA 02109-3912 or 
Rodney Elliott, EPA Region 1--New England, 5 Post Office Square, Suite 
100, Mail Code ORA01-1, Boston, MA 02109-3912.
     Hand delivery: William Lovely, EPA Region 1--New England, 
5 Post Office Square, Suite 100, Mail Code OSRR07-4, Boston, MA 02109-
3912 or Rodney Elliott, EPA Region 1--New England, 5 Post Office 
Square, Suite 100, Mail Code ORA01-1, Boston, MA 02109-3912. Such 
deliveries are only accepted during the Docket's normal hours of 
operation (9:00 a.m. to 5:00 p.m.), and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0008. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov 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 http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

[[Page 29109]]

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at: U.S. 
Environmental Protection Agency, Records Center, 5 Post Office Square, 
Suite 100, Boston, MA 02109, 617-918-1440, Monday-Friday: 9:00 a.m.-
5:00 p.m., Saturday and Sunday-Closed, and Leach Library, 276 Mammoth 
Road, Londonderry, NH 03055, 603-432-1132, Monday-Thursday: 9:00 a.m.-
8:00 p.m., Thursday: 10:00 a.m.-5:00 p.m., Friday: 10:00 a.m.-2:00 
p.m., Saturday: 9:00 a.m.-5:00 p.m., Sunday: Closed.

FOR FURTHER INFORMATION CONTACT: William Lovely, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 1 New England, 5 
Post Office Square, Mail code OSRR07-4, Boston, MA 02109-3912, (617) 
918-1240, email: lovely.william@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 Town Garage/Radio Beacon Superfund (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 July 21, 2014 unless EPA 
receives adverse comments by June 20, 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 Town Garage/Radio Beacon 
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 New Hampshire 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 New Hampshire Department 
of Environmental Services (NHDES), 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 
Union Leader. 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.

IV. Basis for Site Deletion

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

[[Page 29110]]

Site Background and History

    The Town Garage/Radio Beacon Superfund Site, CERCLIS ID No. 
NHD981063860, is located north of Pillsbury Road near the intersection 
of Pillsbury and High Range Roads in Londonderry, New Hampshire. The 
Site encompasses three residential developments, a wetland area, and 
the Londonderry Town Garage area located on High Range Road. The Site 
was discovered in 1984 following a request to the State by residents of 
the Holton Circle subdivision to sample their bedrock wells. Sampling 
results from NHDES revealed the presence of volatile organic compounds 
(VOCs) in several of the residential drinking water wells and the 
nearby Town Garage well at concentrations in excess of state and 
federal drinking water standards. In June 1988, the Site was proposed 
for inclusion on the NPL, (49 FR 40320) and the Site was made final to 
the NPL on March 31, 1989 (54 FR 13296).

Remedial Investigation

    The RI/FS was completed in 1992. As part of the investigation, 
surface soil, subsurface soil, surface water, groundwater, and air were 
all evaluated and compared to appropriate benchmarks. Contaminants 
detected, and attributable to the Site, included: VOCs, semi-volatile 
organic compounds (SVOCs), and metals. The findings of the RI/FS 
determined that contaminant concentrations in groundwater posed an 
unacceptable risk to human health due to its current use as a drinking 
water source at that time. However, the risk was limited to future 
exposures because the extension of a public water supply in 1992/93 to 
nearby residents prevented current exposures to groundwater from 
private wells that were found to be impacted with Site-related 
contaminants. With respect to soil, surface water and sediments, the 
RI/FS determined that contaminant concentrations in these media were at 
levels that did not pose an unacceptable risk to human health or 
ecological receptors. Further details about the RI/FS are documented in 
the RI/FS reports, which are included as part of the administrative 
index and docket for the Site.

The Selected Remedy

    To address the risks presented by future exposure to contaminated 
groundwater, EPA issued a Record of Decision (ROD) for the cleanup of 
the Site on September, 30 1992 that included the following the 
following remedial action objectives (RAOs):
     Prevent ingestion of water which contains compounds in 
concentrations that exceed federal and state enforceable drinking water 
standards; and
     Prevent ingestion of water containing compounds which have 
no enforceable federal or state drinking water standards, but which 
pose an unacceptable health risk.
    In response to the RAO's, the 1992 ROD prescribed a remedy that 
included four major components: (1) Restoration of contaminated 
groundwater in the overburden and bedrock aquifers by natural 
attenuation, (2) institutional controls, (3) groundwater monitoring, 
and (4) an alternative water supply contingency. The goal of the remedy 
was to prevent future exposures to Site-related groundwater 
contaminants while natural attenuation processes gradually reduced 
contaminant concentrations to levels below state and federal standards.

Response Actions

    Consistent with the 1992 ROD, groundwater monitoring was performed 
to track the progress of the aquifer restoration via natural 
attenuation and help prevent future exposures to Site-related 
groundwater contaminants. Institutional controls, in the form of a 
Groundwater Management Permit (GMP) that was issued by NHDES notified 
property owners of the groundwater contamination thereby helping to 
prevent future exposures to Site-related contaminants within the plume 
area. With respect to the contingency for an alternative water supply, 
this remedial component was not implemented because concurrently with 
the issuance of the ROD, the Town extended its municipal water supply 
to accommodate a new residential development near the Site on 
Saddleback Road. At that time, existing homes that were also located 
near the Site were connected to the municipal water supply as a 
precautionary measure to limit the likelihood of future exposures to 
contaminated groundwater.
    From 1994 through 2012 groundwater samples were collected every 
Fall with the results showing that contaminant concentrations were 
gradually declining over time. After reviewing the 2012 Annual Summary 
Report, Groundwater Monitoring Program, which showed concentrations for 
all contaminants of concern identified in the 1992 ROD were below their 
respective cleanup levels, and at or near their lowest concentrations 
since the monitoring program began, EPA concluded that restoration of 
the overburden and bedrock aquifers by natural attenuation was complete 
and prepared a Final Close Out Report (FCOR) dated February 2014 to 
document that all Remedial Activities required by the 1992 ROD have 
been completed. The FCOR is included in the administrative record and 
deletion docket for the Site and a copy was also sent to the Leach 
public library.

Cleanup Levels

    The interim groundwater cleanup levels selected by EPA in the 1992 
ROD were selected based on the more stringent of a federal or state 
Applicable or Relevant and Appropriate (ARAR) standard, or in the 
absence of such standard, a risk based standard.
    The cleanup levels were set to be within EPA's acceptable risk 
range of 1 x 10-4 to 1 x 10-6. Once groundwater 
monitoring results constituted the third consecutive annual sampling 
event where Site-related contaminant concentrations were either at or 
below the interim cleanup levels specified in the 1992 ROD, EPA 
performed a risk evaluation of residual groundwater contamination, a 
copy of which is included in the Deletion Docket. Based on the risk 
evaluation, as well as the technical information reflected in the 
Deletion Docket and Administrative Record, EPA has determined that the 
actions taken to address groundwater at the Site are protective of 
human health for the purposes of the CERCLA remediation. Further, based 
on this finding, the interim groundwater cleanup levels established in 
the ROD are protective and should be deemed the final performance 
standards for the groundwater cleanup.

Operation and Maintenance

    Operation and maintenance activities as part of the remedial action 
consisted of groundwater monitoring in support of the natural 
attenuation remedy and administering the GMP, which served as the 
institutional control for the Site. However, with the achievement of 
the interim groundwater cleanup levels specified in the 1992 ROD, the 
groundwater monitoring program will be terminated and the GMP will not 
be renewed as there is no longer a need to maintain an institutional 
control on the Site.

Five-Year Reviews

    Five Year Reviews have been competed for the Site in 1999, 2004, 
and 2009. Each of these reviews concluded that the remedy was 
protective of human health and the environment, but also recommended 
that: The existing monitoring program be expanded once the cleanup 
levels have been achieved to address additional data needs related

[[Page 29111]]

to groundwater discharges to surface water; comparisons of groundwater 
data to newer standards, including for additional Site-related 
contaminants of concern that were not in effect when the 1992 ROD was 
issued; and an evaluation for the presence of 1,4-dioxane. In August 
2010, EPA received the 2010 Annual Summary Report, Groundwater 
Monitoring Program, which showed that concentrations of all Site-
related contaminants, were below their respective ROD cleanup levels, 
that arsenic and 1,4-dioxane in groundwater were below the laboratory 
reporting limits and respective maximum contaminant levels and that 
groundwater discharges to surface water were not an issue.
    The Fourth Five-Year Review was due in March 2014. However, after 
reviewing the monitoring results for 2011, and 2012, which consistent 
with the 2010 results, were all below their respective ROD cleanup 
levels, EPA determined that no further Five-Year Reviews are required, 
because the Site has achieved the RAOs specified in the 1992 ROD. EPA's 
decision is documented in a memorandum dated February 19, 2014, which 
is included as part of the Docket for this notice.

Community Involvement

    Consistent with the requirements of CERCLA and the NCP, EPA 
released a community relations plan in 1990 which kept the local 
citizens group and other interested parties informed through activities 
such as informational meetings, community updates, press releases, 
holding public hearings, and addressing public comments associated with 
the 1992 ROD. In addition, EPA periodically met with nearby residents 
and Town officials during routine site inspections and as part of the 
Five-Year Review process, which occurred in 1999, 2004, and 2009. EPA 
maintains a site file for the local community at the Leach public 
library located on 276 Mammoth Road, Londonderry, NH 03055 and at EPA's 
Boston offices.

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

    The implemented remedy achieves the degree of cleanup specified in 
the ROD for all pathways of exposure. All selected remedial action 
objectives and clean-up levels are consistent with agency policy and 
guidance. No further Superfund responses are needed to protect human 
health and the environment at the Site.
    The National Contingency Plan (NCP) specifies that EPA may delete a 
site from the NPL if ``all appropriate responsible parties or other 
persons have implemented all appropriate response actions required'' or 
``all appropriate fund financed response under CERCLA has been 
implemented and no further response action by responsible parties is 
appropriate''. EPA, with the concurrence of the State of New Hampshire 
through NHDES by a letter dated February 24, 2014, believes these 
criteria for deletion have been satisfied. Therefore, EPA is proposing 
the deletion of the Site from the NPL. All of the completion 
requirements for the Site have been met as described in the Town 
Garage/Radio Beacon Final Closeout Report (FCOR), dated February 2014.

 V. Deletion Action

    The EPA, with concurrence of the State of New Hampshire through the 
NHDES, has determined that all appropriate response actions under 
CERCLA, 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 July 21, 2014 unless EPA receives adverse comments by June 
20, 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: April 24, 2014.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.

    Therefore, 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 ``NH'', ``Town Garage/Radio Beacon'', ``Londonderry''.

[FR Doc. 2014-11796 Filed 5-20-14; 8:45 am]
BILLING CODE 6560-50-P