PB99-963101
                              EPA 541-R99-001
                              1999
EPA Superfund
      Record of Decision Amendment:
      New Bedford Harbor Site
      Hotspot OU
      New Bedford, MD
      4/27/1999

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  NEW BEDFORD HARBOR SUPERFUND SITE




         HOT SPOT OPERABLE UNIT




FINAL DRAFT AMENDED RECORD OF DECISION
                  April 1999




     U.S. Environmental Protection Agency - Region I




                 New England

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      DECLARATION FOR THE AMENDED RECORD OF DECISION

                   NEW BEDFORD HARBOR SUPERFUND SITE
                           HOT SPOT OPERABLE UNIT
 STATEMENT OF PURPOSR

 This decision document amends the selected remedial action for the New Bedford Harbor
 Superfund Site, Hot Spot Operable Unit located in New Bedford, Massachusetts, as outlined in
 toe April 6, 1990 Record of Decision, and is developed in accordance with the Comprehensive
 Environmental Response, Compensation and Liability Act of 1980 (CERCLA) 42 USC Part
 9601 et_seg., as amended, and to the extent practicable, the National Oil and Hazardous
 Substances Contingency Plan (NCP), 40 CFR Part 300 eLsetj., as amended. The Director of the
 Office of Site Remediation and Restoration has been delegated the authority to approve the
 Amended Record Of Decision (ROD).

 The Commonwealth of Massachusetts concurs with the selected remedy.


 STATEMENT OF BASTS                      -

 This decision is based on the Administrative Record which has been developed in accordance
 withSection 113(k) of CERCLA and which is available for public review at the Wilks Branch
 Library in New Bedford, Massachusetts and at the USEPA - Region I Office of Site Remediation
 and Restoration Records Center in Boston, Massachusetts. The Administrative Record Index
 (Appendix B to the Amended ROD) identifies each of the items comprising the Administrative
 Record upon which the selection of the remedial action is based.


 ASSESSMENT OF THR STTR

Actual or threatened releases of hazardous substances from this Site, if not addressed by
 implementing the response action selected in this Amended ROD, may present an imminent and
 substantial endangerment to the public health or welfare or to the environment.


DESCRIPTION OF THE SELECTED REMFJW

This decision document amends portions of EPA's 1990 ROD for the Hot Spot Operable Unit
The 1990 ROD called for dredging contaminated sediments from the identified hot spot areas
with PCB concentrations of 4,000 ppm or greater, transporting the dredged sediments to a


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 shoreline Confined Disposal Facility (CDF), treatment of the supernatant, dewatering the
 sediments and destruction of the PCBs in an on-site incinerator.  The ash generated from the
 incineration process was to be solidified/stabilized if necessary and permanently contained in the
 on-site CDF. A more detailed description of the 1990 remedy is provided in Section V of this
 decision document. The activities associated with dredging the hot spot areas and treating the
 supernatant have been completed. This decision document selects off-site landfilling instead of
 on-site incineration. The modified remedy consists of the following activities:

        ! • UP^ade Existing Site Facilities As Needed  To accommodate sediment handling and
 dewatenng activities it may be necessary to construct or improve access to the CDF and other
 areas of the site. Treatment pads, temporary buildings and upgrades to site utilities may also be
 needed.

        2- Sediment Dewatering and Water Treatment  The hot spot sediments currently stored
 in the Sawyer Street CDF are approximately 50% water, which is too wet to be accepted by a
 TSCA permitted hazardous waste landfill. The sediments will be dewatered to that level which
 is in compliance with the permits and other requirements for the selected off-site TSCA
 permitted landfill. Options for dewatering the sediments will be evaluated during the design
 process. The sediment may be dewatered in-situ by extracting water via installed well points or
 by removing the sediment from the CDF and mechanically dewatering it ex-situ, or a
 combination of in-situ and ex-situ dewatering.

       3- Transportation to an Off-Site TSCA Perniitted Landfill  Following  dewatering the
 sediments will be loaded into sealed containers for transport to a TSCA permitted off-site'
 hazardous waste landfill.

       4-  Air Monitoring Program  There is a potential for an* emissions of PCBs during the
 sediment removal and dewatering  activities. A comprehensive ambient air monitoring program
will be designed, documented and implemented during the sediment removal and dewatering
 operations to ensure that engineering controls are effective at protecting site workers and the
local community.
SPECIAL FINDINGS
Issuance of this ROD Amendment embodies specific determinations made by the Regional
Administrator pursuant to CERCLA. Under section 121(d)(4)(B) of CERCLA, the Regional
Administrator hereby waives 40 CFR 122.4© of the Clean Water Act (a regulation regarding
discharges to polluted water bodies). Due to the nature of the New Bedford Harbor site, full
compliance with this requirement would result in greater risk to human health and the
environment thqp non-compliance.
                                          -ii-

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DECLARATION

The selected remedy is protective of human health and the environment, attains federal and state
requirements that are applicable or relevant and appropriate for this remedial action, and is cost
effective. The selected remedy provides a permanent solution for the hot spot sediments.  While
it does not satisfy the statutory preference for remedies that utilize treatment as a principal
element to reduce the toxicity, mobility or volume of hazardous substances, it does permanently
isolate these sediments from human and environmental receptors by containing them in an off-
site TSCA permitted chemical waste landfill in perpetuity in a safe and protective fashion.  In
addition, water removed from the hot spot sediments prior to off-site transportation to a TSCA
landfill will be treated to meet stringent discharge standards.

As the remedy for this operable unit will not result in hazardous substances remaining on site
above health-based levels, site reviews for this operable unit will not be needed every five years.
The remedy selected in the September 1998 ROD for the Upper and Lower Operable Unit of this
Site will result hi hazardous substances remaining on site above health-based levels and,
therefore, site reviews will be conducted every five years after commencement of the upper and
lower harbor remedial action to ensure that the upper and lower harbor remedy continues to
provide adequate protection of human health and the environment.
 Date                                           Patricia L. Meaney, Director
                                                Office of Site Remediation and Restoration
                                                EPA - New England

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                                Table of Contents


      I.    SITE NAME, LOCATION, DESCRIPTION AND RATIONALE FOR
s           AMENDMENT	1

      II.   SITE HISTORY AND ENFORCEMENT ACTIVITY	3
i
      III.   COMMUNITY PARTICIPATION	4

      IV.   SCOPE AND ROLE OF OPERABLE UNIT	8

      V.   DESCRIPTION OF CHANGES TO THE 1990 REMEDY	8

           DESCRIPTION OF THE 1990 REMEDY...	8
           1990 REMEDY ACTIVITIES COMPLETED TO DATE	9
           CHANGES TO THE 1990 REMEDY	10

      VI.   SUMMARY OF SITE CHARACTERISTICS	11

           EXISTING SITE CONDITIONS	11
•                 Overall Site Layout	12
                 Existing CDF Conditions	12


           HOT SPOT SEDIMENT CHARACTERIZATION	13
                 Chemical Characterization	.15
                 Physical Characteristics	18

      VH.  SUMMARY OF SITE RISKS	18

      VHI. DESCRIPTION OF AMENDMENT ALTERNATIVES EVALUATED	19

      DC   COMPARATIVE ANALYSIS OF THE ORIGINAL REMEDY AND
           AMENDED REMEDY	20

      X.   THE SELECTED REMEDY	•	26

      XI.   STATUTORY DETERMINATIONS	27

      XH.  DOCUMENTATION OF NO SIGNIFICANT CHANGES	31

         I. STATEROLE	32

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                                      Figures

 1. Study areas
 2. Fishing Closure Areas
 3. Aerial Photograph of the Sawyer Street site and the surrounding area
 4. Site Layout Plan
                                      Tables

1. Summary of PCB and Oil and Grease Data for the Hot Spot Sediments
2. PCB and Oil and Grease Results for the USAGE Samples Collected in June 1995
3. Summary of Chlorinated Benzene Data for the Hot Spot Sediment (Third Pilot Study)
4. Summary of PAH Concentrations for the Hot Spot Sediment (Third Pilot Study)
5. Summary of (2,3,7,8 Substituted Isomers} Data for the Hot Spot Sediment (Third Pilot Study)
6. Summary of Dioxb and Furan Data (Totals) for the Hot Spot Sediment (Third Pilot Study)
7. Summary of Metals Data for the Hot Spot Sediment (Third Pilot Study)
8. TCLP Results for Hot Spot Sediment (Third Pilot Study)
9. Chemical  Specific ARARs and TBCs
10. Location Specific ARARs and TBCs
11. Action Specific ARARs and TBCs
                                   Appendices
Appendix A - Responsiveness Summary
Appendix B - Administrative Record Index
Appendix C - State Concurrence Letter
Appendix D - References Cited

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           NEW BEDFORD HARBOR SUPERFUND SITE
                      HOT SPOT OPERABLE UNIT
                  AMENDED RECORD OF DECISION
                                 APRIL, 1999
I.    SITE NAME, LOCATION,  DESCRIPTION AND RATIONALE FOR
      AMENDMENT

SITE NAME: The New Bedford Harbor Superfund Site.

SITE LOCATION: The New Bedford Harbor Superfund Site (the Site), located in Bristol County,
Massachusetts, extends from the shallow northern reaches of the Acushnet River estuary south
through the commercial harbor of New Bedford and into 17,000 adjacent acres of Buzzards Bay
(Figure 1).

SITE DESCRIPTION: Industrial and urban development surrounding the harbor has resulted in
sediments  becoming contaminated  with  high concentrations  of many pollutants, notably
polychlorinated biphenyls (PCBs) and heavy metals, with contaminant gradients decreasing from
north to south. From the 1940s into the 1970s two electrical capacitor manufacturing facilities, one
located near the northern boundary of the site (the Aerovox facility) and one located just south of
the New Bedford Harbor hurricane barrier (the Cornell-Dublier facility), discharged PCB-wastes
either directly into the harbor or indirectly via discharges to the City's sewerage system.  The Site
has been divided into three geographical areas: upper harbor (including the hot spot area), lower
harbor and outer harbor (Figure 1). The hot spot is an area of approximately five acres with sediment
PCB levels in excess of 4,000 ppm located along the western bank of the upper harbor, directly
adjacent to the Aerovox facility (Figure 1). The Site is also defined by three state-sanctioned fishing
closure areas extending approximately 6.8 miles north to south and encompassing approximately
18,000 acres hi total (Figure 2).

      The City of New Bedford, located along the western shore of the Site, is approximately 55
miles south of Boston.  During most of the 1800s, New Bedford was a world renown center of the
whaling industry. More recently New Bedford has attracted large community of immigrants from
Portugal and the Cape Verde islands. As of 1990, approximately 27% of New Bedford's 99,922
residents spoke Portuguese in their homes (US Census Bureau, 1997).  Including the neighboring
towns of Acushnet, Fairhaven and Dartmouth, the combined 1990  population of the New Bedford
area was approximately 153,000. New Bedford is currently home port to a large offshore fishing
fleet and is a densely populated manufacturing and commercial center. By comparison, hi Fairhaven
and Acushnet, the eastern shore of the Acushnet River is predominantly residential or undeveloped.
Some of Fairhaven's shore is utilized by  small boating related industries. A large (approximately
70 acre) salt marsh system has formed along almost the entire eastern shore of the upper harbor.

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       The Acushnet River's 16.5 square mile (43 km2) drainage basin (VHB, 1996) discharges to
New Bedford Harbor in the northern reaches of the Site, contributing relatively minor volumes of
fresh water to the tidally influenced harbor. Its estimated mean annual flow of 30 cubic feet per
second is only about 1% of the average tidal prism (the volume of water which flows into and out
of the Harbor during the course of a complete flood/ebb tide cycle) (NUS, 1984). Numerous storm
drains, combined sewer overflows (CSOs) and industrial discharges, as well as smaller brooks and
creeks, also discharge directly to the Site. The upper and lower harbors  are believed to be areas of
net groundwater discharge and are generally described as a shallow, well-mixed estuary.

       The upper harbor comprises approximately 187 acres, with current  sediment PCB levels
ranging from below detection to approximately 4,000 ppm.  Prior to the removal of the Hot Spot
sediments from the upper harbor in 1994 and 1995 as part of EPA's original Hot Spot cleanup plan
(see Section  V. below), sediment PCB levels were reported higher than  100,000 ppm in the upper
harbor. The boundary between the upper and lower harbor is the Coggeshall Street bridge where the
width of the harbor narrows to approximately 100 feet.  The lower harbor comprises approximately
750 acres, with sediment PCB levels ranging from below detection to over 100 ppm. The boundary
between the  lower and outer harbor is the 150 foot wide opening of the New Bedford hurricane
barrier. (The hurricane barrier was constructed in the mid- 1960s). Sediment PCB levels in the outer
harbor are generally low, with only localized areas of PCBs hi the 50-100 ppm range near the
Cornell-Dubilier facility and the City's sewage treatment plant's outfall pipes. However, this area
is still being  characterized by EPA. The southern extent of the outer  harbor and the Site is an
imaginary line drawn from Rock Point (the southern tip of West Island hi Fairhaven) southwesterly
to Negro Ledge and then southwesterly to Mishaum Point hi Dartmouth (Figure 2).

RATIONALE FOR AMENDMENT:  In 1990, EPA issued the Record of Decision (1990
Hot Spot ROD) for the Hot Spot Operable Unit of the Site (USEPA, 1990), hi accordance with the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §§
9601 etseq.,  and the National Oil and Hazardous Substances Pollution Consistency Plan (NCP), 40
CFR Part 300.  Based on a vehement and Congressionally supported reversal in community
acceptance of the 1990 Hot Spot ROD's on-site incineration component of the remedy, EPA
suspended plans to incinerate the Hot Spot sediments hi New Bedford. Working with the local
community, EPA agreed to study other options for treating the Hot Spot sediments and to amend
the 1990 Hot Spot ROD with a consensus based cleanup plan. Refer to the Community Participation
section of this Amendment for additional details regarding community opposition to incineration and
the consensus building process. This ROD Amendment addresses the changes to the original 1990
Hot Spot ROD which resulted from both community input and additional research into treatment and
disposal alternatives for the Hot Spot sediments.

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II.    SITE HISTORY AND ENFORCEMENT ACTIVITIES

       Details of the earlier Site History and Enforcement Activities are presented in the 1990 Hot
Spot ROD and the December 1997 Hot Spot Feasibility Study Addendum (Foster Wheeler, 1997a).
The following is an update to the Site History and Enforcement Activities which have occurred since
issuing the 1990 Hot Spot ROD.

       InApril 1990, EPA issued the Hot SpotROD. The original cleanup plan set forth in the 1990
Hot Spot ROD called for dredging of the Site's most highly PCB-contaminated sediments from the
upper harbor, incinerating the sediments in an on-site treatment facility to destroy the PCBs, and
storage of the treated sediments in a shoreline disposal facility.  This ROD specified a 4,000 ppm
PCB level to define the area of Hot Spot sediments to be dredged.

       In 1991 and 1992, the Unites States, the Commonwealth and five  defendants in litigation
filed by the EPA and Commonwealth of Massachusetts regarding this site - Aerovox Incorporated,
Belleville Industries, Inc., AVX Corporation, Cornell-Dubilier Electronics, Inc., and Federal Pacific
Electric Company (FPE) - reached settlement regarding the governments' claims. The governments'
claims against the sixth defendant, RTE Corporation, were dismissed on jurisdictional grounds. The
federal and state governments recovered a total of $99.6 million, plus interest, from the five settling
defendants.

       The terms of the settlements are set forth in three separate consent decrees.  Under the first
consent decree, Aerovox Incorporated and Belleville Industries, Inc. were required to pay a total of
$12.6 million, plus interest, to the United States and the Commonwealth  for damages to natural
resources and for past and future Site response costs. The court approved and entered this consent
decree in July 1991. Under the second consent decree, AVX Corporation was required to pay $66
million, plus interest, to the governments for natural resource damages and for past and future Site
response costs.  This decree was approved and entered by the court in February 1992. Under the
third consent decree, CDE and FPE paid $21 million, plus interest, to the governments for natural
resource damages and for past and future Site response costs. This decree was approved and entered
by the Court in November 1992.

       In April 1992, EPA issued an Explanation of Significant Differences (USEPA, 1992) to
change the storage of ash generated from the incineration of Hot Spot sediments from temporary
storage in an on-site Confined Disposal Facility (CDF) to permanent storage in an on-site CDF.

       In 1993, due to a vehement and Congressionally supported reversal in public support for the
incineration component of the cleanup plan at about the time the incinerator was being mobilized,
EPA agreed to terminate the incineration contract and begin studies of other possible options for
treating the Hot Spot sediments. The New Bedford Harbor Superfund Site  Community Forum (see
Section ffl. below) was created in late 1993 to develop a consensus based cleanup plan to replace
the on-site incineration component of the original cleanup plan.

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       During the 1994-95 construction seasons the dredging component of the 1990 Hot Spot
 remedy decision, was implemented. Dredging of about 14,000 cubic-yards in volume and 5 acres
 in area began in April 1994 and was completed in September 1995.  The dredged sediments are
 currently stored in a shoreline confined disposal facility (CDF) located at the eastern end of Sawyer
 Street in New Bedford.

       In October 1995, the EPA issued an Explanation of Significant Differences (USEPA 1995)
 to document the need for interim storage of the dredged Hot Spot sediments in the Sawyer Street
 CDF while studies of treatment options not involving on-site incineration were conducted.

       In December 1997, EPA issued a Hot Spot Feasibility Study Addendum Report (Foster
 Wheeler,  1997a)  which presented the evaluation of the non-incineration treatment options
 investigated. InAugust 1998, EPA issued a Proposed Plan (USEPA, 1998a) to amend the 1990 Hot
 Spot cleanup plan. The 1998 Proposed Plan called for dewatering the Hot Spot sediments and
 transporting them to a permitted off-site hazardous waste landfill.

       In September 1998, EPA issued the ROD for the Upper and Lower Harbor Operable Unit
 (USEPA, 1998b).  This ROD involves the dredging and containment of approximately 450,000
 cubic-yards of PCB-contaminated sediments spread over about 170 acres. The dredged sediments
 will be placed in four shoreline confined disposal facilities (CDFs).  Seawater decanted from  these
 sediments will be treated before discharge back to the harbor. Refer to the September 1998 Upper
 and Lower Harbor ROD for a more detailed description of the remedy.
III.   COMMUNITY PARTICIPATION

       Community Participation in the decision-making process has always been and continues to
be at a high level for this Site.  EPA went far beyond the regulatory requirements for public
involvement while developing the 1989 Proposed Plan and 1990 Hot Spot ROD (refer to the 1990
Hot Spot ROD for details). Even though EPA sought to ensure that the public was well informed
and accepted the proposed cleanup plan, public opposition to the incineration component of the Hot
Spot cleanup plan formed soon after issuing the ROD. In late 1990, a New Bedford citizen's group,
Hands Across the River (later renamed the Hands Across the River Coalition), formed in part to
oppose on-site incineration of the Hot Spot sediments.  Another group, Concerned Parents of
Fairhaven, also organized to oppose on-site incineration.  Finally, in the spring of 1993, a third
citizen's group, the Downwind Coalition, was formed to oppose on-site incineratioa Later that year
the New Bedford City Council passed an ordinance (City of New Bedford, 1993) which required
City approval to transport the proposed incinerator through the City streets (however the ordinance
was not signed by the Mayor).

       In December 1993, EPA and other site stakeholders initiated a professionally mediated
Communrty Forum process as an effort to build a lasting consensus for the Site's cleanup, including
the upper and lower harbor. Created to address public concerns raised by the incineration component

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of the 1990 Hot Spot cleanup plan, the Forum is made up of a wide variety of Site stakeholders,
including citizen group leaders, local and state elected officials, business representatives, EPA, the
MA DEP and other relevant state and federal agencies.  The Forum continues to meet regularly and
has expanded its scope to include virtually all Site related cleanup issues. The Forum meetings are
taped and televised on local cable-access TV to reach as broad an audience as possible. All of the
Forum's proceedings have been documented in the Administrative Record for mis Hot Spot ROD
Amendment and the Administrative Record for the September 1998 Upper and Lower Harbor ROD.

       The Forum adopted, as part of its mission, the identification of viable innovative technologies
which could be used as an alternative to on-site incineration. During a six month period in 1994,
the Forum engaged hi an extensive technology review consisting of company presentations and
literature reviews of alternative technologies for the on-site destruction of the PCB contaminated Hot
Spot sediments. Three general types of PCB treatment methods were selected by the Forum for
treatability studies: (1) solidification/stabilization; (2) contaminant destruction; and (3) contaminant
separation and destruction. In the summer of 1994, Forum members signed an agreement which
states that "the Forum favors a remedy for the Hot Sot sediments that permanently destroys the
PCBs". The agreement also outlined the Forum's continued involvement in the on-site treatability
studies.

       The treatability study program was initiated in early 1995 with the field testing occurring in
late fall 1995 through 1996. Forum members agreed that the sediment dredging component of the
1990 Hot Spot cleanup plan should be implemented while the treatability studies  were being
completed.  Dredging of the Hot Spot Sediments was completed m September 1995. As stated
previously, the sediments are  currently being stored in a shoreline confined disposal facility at the
eastern end of Sawyer Street in New Bedford.

      A series of frequent Forum meetings were held throughout 1997 and into the early summer
of 1998 to publicly discuss and debate the results of the treatability studies and work toward a
consensus on the best cleanup option for the Hot Spot sediments. The results of the treatability
studies are documented hi the December 1997 Hot Spot Feasibility Study Addendum Report (Foster
Wheeler, 1997a).  The Feasibility Study Addendum evaluated eleven cleanup alternatives. Refer
to Section Vin of this Addendum for a description of the eleven Alternatives evaluated. The eleven
alternatives were evaluated against the NCP criteria (except for State and Community Acceptance).
All the alternatives except  No Further Action were found to satisfy the  seven criteria evaluated
although some ranked better than others (see Section 6.3, Foster Wheeler, 1997a). The Community
Forum reviewed the findings of the Feasibility Study Addendum and provided feedback  to EPA and
the State.

       In addition to these Community Forum efforts, an independent panel session was assembled
by a local non-profit organization, Sea Change, Inc. Sea Change, an outgrowth of the Forum's work,
is a non-profit organization,  which  draws hi outside  independent experts to  perform technical
evaluations of waste issues for local communities and the Government. Sea Change held this public
panel session on October 30, 1997.

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       After extensive discussion of the treatability studies and the evaluations which used the nine
NCP criteria, the Forum developed an initial recommendation which narrowed the range of
alternatives to two cleanup options. One option was for the on-site dewatering of the sediments and
transportation of the dewatered sediments to an off-site permitted hazardous waste landfill. The
other option was for the on-site separation of the PCB 's from the sediment by one of two innovative
technologies demonstrated during the treatability studies, thermal desorption or solvent extraction.
The resulting reduced volume of material containing the concentrated PCBs would be transported
off-site to a permitted hazardous waste incinerator. The remaining treated sediment, which would
contain small concentrations of heavy metals (but not at sufficient levels to be regulated as hazardous
waste) would be placed in one of the confined disposal facilities to be constructed as part of the
Upper and Lower Harbor ROD remedy to  contain the less PCB-contaminated  sediments to be
dredged from the upper and lower harbor (USEPA, 1998b).

       The Forum sponsored two open public meetings, on June 4, 1998, and June 10, 1998, to
discuss the two options presented above. Over 800 invitations, along with a public Forum statement
and informational materials describing the two  options, were sent out prior to these meetings.  In
addition, the first meeting was broadcast over the local cable television station. The meetings were
attended largely by residents of the neighborhoods in close proximity to the Sawyer Street CDF and
the site where the proposed treatment and/or  dewatering facility would be built.  The comments
received at these meetings strongly urged the Forum members to recommend off-site landfilling of
the Hot Spot sediments.  The key reasons stated were concerns about the possibility of air emissions
or other problems occurring during the implementation of the separation technologies as well as
concerns about noise, lights  and  dust caused by the 24-hour per day operations. In addition,
residents pointed out that the landfilling option is significantly faster and less expensive than the
separation/destruction option.

       After consideration of the public input received at the two Forum sponsored meetings and
after further discussion,  the Forum made the following recommendations on June 17, 1998.  For
reasons similar to those expressed at the open meetings by members of the public,  a majority of the
Forum members recommend that the Hot Spot sediments be dewatered on-site and transported in
sealed containers to an off-site hazardous waste landfill permitted to accept PCB waste under the
Toxic  Substances  Control Act (TSCA),  15  USC  §§  2601 et seq.  The reasons  for  this
recommendation are that the landfilling option presents fewer possibilities for operational problems
resulting in emissions or other impacts to the New Bedford community that the other options
presents. Some members of the Forum are particularly concerned about the possibility for problems
arising at the site, which is close to local businesses and residences, and thus feel that the Sawyer
Street site is a problematic location for the implementation of an innovative technology.  In addition,
landfilling option can be done faster and at a lower cost than the other option. The Forum members
urge the EPA to select a landfill that is the most environmentally sound and impacts surrounding
community the least.

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      A minority of the Forum members conscientiously recommend on-site separation by solvent
extraction and off-site destruction of the PCBs. The remaining treated sediment would be deposited
in one of the CDFs that are planned for the rest of the Harbor sediments.   In making this
recommendation, the Forum minority's believes that EPA should choose an alternative that results
in the permanent destruction of the PCBs at an approved facility, as opposed to simply sending a
problem created in New Bedford to another community.  The minority noted that this has been the
Forum's objective since it's inception. The Forum minority recommends solvent extraction because
it presents fewer possibilities for  emissions than does thermal desorption.  Further,  the Forum
minority urges that the sediments be destroyed by an off-site method other than incineration.  The
Forum minority is aware that all currently approved facilities for destruction of concentrated PCBs
are incinerators. However,  the Forum minority is  also aware that at least one non-incineration
technology (solvated electron technology) is under development and may be close to approval, and
others may emerge hi the near future.  The Forum minority urges that the possibilities for using non-
incineration technologies be maximized during the bid selection process.

      Even though there were majority and minority  recommendations,  all  Forum members
reached consensus on the off-site landfilling option. The Forum recommendation for the landfilling
option was officially confirmed as of the date of their signatures to a June 1998 document entitled
New Bedford  Harbor Superfund Site Community Forum Recommendation (Forum, 1998).  The
EPA and MA DEP also signed this document as members of the Forum.  However, the EPA
indicated that by concurring with the Forum consensus, EPA was not issuing a determination as to
the remedy to be selected for this Site and that the remedy selection will not be determined until after
completion of the requirements established under CERCLA and the NCP.  The MA DEP also
indicated that their final decision on which remedy to support will be made after consideration of
comments received  during the formal public comment period for the Proposed Plan, in accordance
with CERCLA and the NCP.

      EPA published a Proposed Plan to Amend the 1990 Cleanup Plan in August  1998.  The
proposed change calls for transporting the dewatered sediments to a TSCA permitted hazardous
waste landfill.   The cleanup plan was recommended because EPA believed it offered the best
balance among the nine NCP criteria, including the protection of human health and the environment.
EPA held a public  informational meeting on August 26, 1998 and a formal public hearing on
September 16, 1998.  An informal poster board presentation was provided prior to  starting the
informational meeting and hearing. The public comment period ran from August 27-September 25,
1998.  All formal comments received on the August 1998 Proposed Plan are summarized and
responded to hi the Responsiveness Summary, Appendix A. All original comments to the August
1998 Proposed Plan are included hi the Administrative Record.

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 IV.   SCOPE AND ROLE OF OPERABLE UNIT

       The New Bedford Harbor Site has been divided into three operable units, or phases of site
 cleanup: The Hot Spot Operable Unit (which the April 1990 Hot Spot ROD and this Amendment
 encompasses), the Upper and Lower Harbor Operable Unit, and the Buzzards Bay or Outer Harbor
 Operable Unit. The ROD for the Upper and Lower Harbor Operable Unit was issued on September
 25,1998. The ROD for the Outer Harbor Operable Unit is currently unscheduled pending additional
 investigation in the outer harbor.

       The hot spot areas are defined as those areas in the upper harbor with sediments contaminated
 above 4,000 ppmPCBs. Most of the hot spot areas were dredged from the harbor in 1994 and 1995.
 However, one of the hot spot areas (Area B, see USAGE, 1991) was not dredged during the hot spot
 dredging operations due to its proximity to submerged high voltage power lines serving the City of
 New Bedford. The remedy for the Upper and Lower Harbor Operable Unit includes the relocation
 of the power lines  and  dredging of this last remaining hot  spot area.  See section XII  of the
 September 1998 Upper and Lower Harbor ROD (USEP A 1998b) for additional discussion regarding
 the cleanup approach for the submerged power line area.
V.  DESCRIPTION OF CHANGES TO THE 1990 ROD

DESCRIPTION OF 1990 REMEDY

      The remedy selected by the 1990 Hot Spot ROD was developed to satisfy the following
remedial objectives:

      •      Significantly reduce PCB migration from the Hot Spot area sediment, which acts as
             a PCB source to the water column and to the remainder of the sediments in the
             harbor.

      •      Significantly reduce the amount of remaining PCB contamination that would need
             to be remediated in order to achieve overall harbor cleanup.

      •      Protect public health by preventing direct contact with Hot Spot sediments.

      •      Protect marine life by preventing direct contact with Hot Spot  sediments.

      The design and specifications for the remedy selected hi the 1990 Hot Spot ROD to meet
the above remedial objectives were completed in December 1991 (USAGE, 1991b,c) and called for
the following major activities:

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       1. Dredging. Dredging approximately 10,000 cubic yards of PCB-contaminated (from 4,000
to over 100,000 ppm) sediments and pumping this material to on-shore CDF (Sawyer Street Facility)
for subsequent treatment.

       2.  Treating Supernatant. A large volume of water co-dredged along with the sediments
requires treatment.  As the dredged sediments settle in the CDF, the clarified surface layer, or
supernatant will be removed or decanted and treated on-site using the following unit processes:

       •      equalization
       •      coagulation and fiocculation
       •      settling
       •      filtration
       •      UV/oxidation

       3.  Sediment Removal Dewatering and Water Treatment  After the sediments are decanted
and the wastewater treated, the sediments will be removed from the CDF for dewatering prior to
incineration. Water from the dewatering operation will be treated on-site prior to discharge to the
harbor.
       4.  On-site Incineration.  The dewatered sediments will be incinerated in a transportable
incinerator that will be sited at  the Sawyer Street location.   The extremely high temperatures
achieved by the incinerator will result in 99.9999% destruction of PCBs. Exhaust gases will be
passed through air pollution control devices before being released into the atmosphere to ensure that
appropriate health and safety and air quality requirements are met.

       5.  Stabilization (if determined to be necessaryt.   Following incineration, the Toxicity
Characteristic  Leaching Procedure (TCLP), a leaching test, will be performed on the ash to
determine if it exhibits the characteristic of toxicity and is, therefore, considered a hazardous waste
under the Resource Conservation and Recovery Act (RCRA), 42 USC §§ 6901 et seq. If the TCLP
test reveals that the ash is  a RCRA hazardous waste, the ash will be solidified such that the metals
no longer leach from the ash at concentrations that exceed the standards set forth for determining the
toxicity of a material.

       6.  On-site Disposal of Incinerator Ash. The ash from the incinerator will be permanently
disposed of in the Sawyer Street CDF.  To ensure protectiveness,  the CDF will  be closed in
accordance with RCRA hazardous waste regulations for landfills.
1990 REMEDY ACTIVITIES COMPLETED TO DATE

       Activities associated with the first two major components of the 1990 remedy, dredging and
treating the supernatant, have been completed. The CDF was upgraded in 1993 to include a double
high density polyethylene liner system.  The CDF was originally constructed in 1988 as part of a
pilot dredging and disposal study conducted by the EPA and the U.S. Army Corps of Engineers

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 (USAGE). Construction of a wastewater treatment facility consisting of the unit processes described
 above was completed in June 1994. Dredging and treatment of the supernatant was completed in
 September 1995. It was estimated that about 10,000 cubic yards of sediments needed to be dredged.
 About 14,000 cubic yards of Hot Spot sediments were actually removed from the upper harbor via
 hydraulic dredging and placed for interim storage in the Sawyer Street CDF.  In October 1995, EPA
 prepared an Explanation of Significant Difference to the 1990 Hot Spot ROD to address the need
 for temporary storage of the Hot Spot sediment in the CDF while  studies of alternatives to
 incineration (the fourth component of the 1990 remedy) were being completed.

       A concrete decontamination pad equipped with a steam cleaner and sump pump is also
 located on the  site.   Six trailers are currently  located  on the  site  and are  used as
 shower/decontamuiation, laboratory, and office trailers. Six air monitoring stations are located on
 platforms around the site.  Electric power, potable water, and sewage facilities are also available on
 the site. USAGE staff are present at the site during the day and a guard provides security at night.
 Overall site security is provided by a six foot tall chain link fence. An aerial photograph of the
 Sawyer Street Facility is provided as Figure 3.

 CHANGES TO THE 1990 REMEDY

       As discussed previously, EPA terminated the incineration component of the 1990 remedy
 and worked with the New Bedford Harbor Community Forum to find an alternative to on-site
 incineration of the Hot Spot sediments. This ROD Amendment selects off-site landfilling instead
 of on-site incineration. This ROD Amendment satisfies the original remedial action  objectives
 presented above.   The amended remedy replaces major activities three through  six of the 1990
 remedy described above with the following major activities:

       1-   Sediment Dewatering and Water Treatment.   The sediments stored in the CDF are
 approximately 50% water, which is too wet to be accepted by a TSCA permitted hazardous waste
 landfill. The sediments will be dewatered to at least that level which  is hi compliance with the
 permits for the selected off-site TSCA permitted landfill. Options for dewatering the sediments will
be evaluated during the design process. The amount of dewatering required for the landfilling option
will be less than the amount of dewatering that would have been required prior to on-site incineration
 of the sediments.

       2.  Transportation to an Off-Site TSCA Permitted Landfill.  Following dewatering, the
 sediments will be loaded into sealed containers for transport to a TSCA permitted off-site hazardous
waste landfill.
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       A comparison of the original 1990 remedy and the modified remedy is provided below.
            Original Remedy

Dredge the  Hot Spot  sediments from the
harbor and  pump  to Sawyer  Street CDF
(completed in September 1995)

Decant supernatant, treat supernatant on-site
and discharge to the harbor (completed in
September 1995)

Dewater sediments  prior to incineration, on-
site treatment of the water from dewatering
process and discharge of treated water to the
harbor
On-site  incineration
sediments
of  the  dewatered
Perform TCLP testing of the incinerator ash
and stabilize as necessary

Place incinerator ash in Sawyer Street CDF
and   close  in   accordance  with  RCRA
regulations for hazardous waste landfills.
           Modified Remedy

Dredge  the Hot Spot  sediments from  the
harbor and pump  to  Sawyer  Street CDF
(completed in September 1995)

Decant supernatant, treat supernatant on-site
and discharge to the harbor (completed in
September 1995)

Dewater sediments prior to off-site landfilling.
on-site treatment of the water from dewatering
process and discharge of treated water to the
harbor

Load  dewatered   sediments  into   sealed
containers and transport to a TSCA permitted
landfill
VL   SUMMARY OF SITE CHARACTERISTICS

       This section of the report provides a description of the existing Sawyer Street Confined
Disposal Facility (CDF) that is currently being used to store the Hot Spot sediments and a chemical
and physical description of these sediments.

EXISTING SITE CONDITIONS

       The Hot Spot sediments are currently stored in a double-lined CDF constructed along the
New Bedford Harbor shoreline. This CDF is adjacent to facilities at the Sawyer Street site remaining
from the Hot Spot dredging activities that were conducted by EPA and the USAGE during 1994 and
1995. The Sawyer Street site was also the location where the treatability studies were conducted.
The following subsections describe the overall site layout and the existing CDF conditions.
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Overall Site Layout:

       The Sawyer Street location of the New Bedford Harbor Site is approximately eight acres in
size, including approximately three acres occupied by the CDF.  The site is located at the eastern end
of Sawyer Street, on its north side, and abuts the Acushnet River to the east and vacant land to the
north and west. Land use in the vicinity of the site is a mixture of urban industrial and residential.
An aerial photograph of the site and surrounding area is included as Figure 3. A Site Layout Plan
is included as Figure 4.

       An 80 foot x 120 foot bermed asphalt pad is located on the western side of the site. The pad
was constructed for the treatability study program. During the testing, the pad was covered with an
impermeable liner to prevent an inadvertent release of sediment or treatment reagents to the soil on
the site. Sump drainage from this pad was routed to the on-site water treatment facility. Following
completion of the treatability studies in 1996, this liner was appropriately decontaminated.

       The site also includes a 350 gallon per minute (gpm) water treatment system enclosed within
a building. A concrete decontamination pad equipped with a steam cleaner and sump pump is also
located on the site.  Several  trailers are  currently located  on the site,  these are used as
shower/decontamination, laboratory, and office trailers. Six air monitoring stations are located on
platforms around the site. Electric power, potable water, and sewage facilities are currently available
on the site.  Overall site security is provided by a six foot tall chain link fence.

Existing CDF Conditions:

       The CDF is illustrated on Figure 4 and can be seen in the aerial photograph included as
Figures. As shown in Figure 2, the CDF has three individual cells.  Cell #1 was used  as the initial
settling basin where the Hot Spot sediments were pumped following dredging. The cell has a double
HOPE liner and is approximately 200 feet by 400 feet wide and approximately nine feet deep. The
Hot Spot sediment in this cell is approximately six to seven feet deep.

       The contaminated sediments in the CDF are currently covered with a 10-mil permalon cover.
This relatively thin cover was placed  over the sediments as a temporary measure to minimize
volatilization and potential direct contact by human and/or ecological receptors.  The cover is
weighted down with sand bags to prevent wind-damage. A layer of water is often maintained over
the cover during the summer months to assist in controlling PCB emissions.

       As the dredged material settled hi Cell #1, the clarified surface layer, or supernatant was
routed to Cell #2 for temporary  storage/flow equalization before  receiving additional water
treatment. The supernatant was then pumped into the treatment building where a polymer was added
to enhance additional settling of solids hi Cell #3, which acted as a secondary clarifier.  Subsequent
water treatment steps included sand filtration and treatment  of the PCBs through Ultra  Violet
Oxidation (UV/Ox) prior to discharge to the Acushnet River.
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       As mentioned previously, during 1994 and 1995, the Hot Spot sediments were dredged from
the northern portion of the Acushnet River and placed in the Sawyer Street CDF. The dredging was
continued until analysis of post-dredging samples indicated that the Hot Spot sediments had been
removed and the cleanup goal of 4,000 ppm was achieved.  In total, approximately 14,000 cubic
yards of sediment, weighing approximately 18,000 tons, were removed from the harbor and placed
in CDF Cell #1.  Additional description of the Hot Spot sediments and their chemical and physical
composition are presented in the following section.
HOT SPOT SEDIMENT CHARACTERIZATION

       The chemical and physical characteristics of the Hot Spot sediments are described in this
section. These descriptions are based largely on recent pilot study data, with reference to historical
data, as appropriate. The source of the data points and the results used to characterize the material
are discussed below.

       Hot Spot sediments were initially defined in-situ as having total PCB concentrations greater
than 4,000 ppm and averaging approximately 20,000 ppm to 30,000 ppm.  Removal of this Hot Spot
sediment was estimated to result in a total reduction of PCBs in the upper harbor by approximately
50 percent.
                                                                            i

       Sediment PCB concentrations determined during recent sampling of sediments from the CDF
ranged from 1,600 to 7,700 ppm.  Based on results  for samples collected from the CDF,  in
conjunction  with available historical data on the physical and chemical nature of the sediment,
average PCB concentrations in the CDF are estimated to be approximately 6,000 ppm.

       This is lower than the historical in situ average of approximately 20,000 to 30,000 ppm. The
reason for this difference  may be due to a variety of reasons including a biased CDF sampling
approach due to the limited number of sampling points, the heterogeneous nature of the dredged
material, treatment of PCBs that were transferred to the aqueous and colloidal phases during
sediment dredging and disposal within the CDF, dredging more sediments than originally planned,
and changes in analytical methodology.

       In addition to PCBs, the Hot Spot sediment contains several other organic and inorganic
contaminants. Extractable oil and grease, as measured gravimetrically, comprise approximately two
to three percent of the sediment matrix. The sediment contains concentrations of other organic
compounds  including  chlorinated  benzenes, polynuclear  aromatic  hydrocarbons  (PAHs),
polychlorinated dibenzo-p-dioxins (dioxins) and polychlorinated dibenzofurans (furans).  Several
heavy metals including arsenic, cadmium, chromium, copper, lead and zinc, were also detected at
elevated concentrations in the samples collected from the CDF. None of these contaminants have
been measured at sufficient levels so that the sediments would be regulated as hazardous waste.
Each of these contaminant groups are described in more detail below.
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       Samples were collected from the CDF during several recent sampling events. The analytical
findings from these events are summarized in this section and, where appropriate, compared with
available historical data. The analytical methodologies and associated measures of quality control
and quality assurance are discussed in more detail in Section 4.3 of the December 1997 Hot Spot
Feasibiliy Study Addendum Report. Laboratory data reporting forms for the samples collected
during the pilot study program are included in the Data Compendium (Foster Wheeler 1997b).

       Hot Spot sediment contained in the CDF was sampled on four occasions.  These events
include a sampling event conducted by the USAGE in June 1995 and sampling conducted for each
of the three pilot study treatment processes tested in 1996.  These three pilot scale studies (Ionics
RCC, Geosafe and SAIC/Eco Logic) are hereafter referred to as the first, second and third pilot
studies. The results from these four sampling events provide the basis for the Hot Spot sediment
characterization described  in this section.

       Samples collected by the USAGE in June 1995 were collected directly from six locations in
the CDF.  Sediment for the first two pilot studies was removed from the CDF in the spring of 1996
and placed into oversized drums. Samples of this material were collected from the drums prior to
its use as  feed material for the first and second pilot studies.  Sediment for the third study was
removed from the CDF, transferred to drums, and sampled from the drums in the fall of 1996. This
sediment was removed from a similar location within the CDF. However, the material was retrieved
from a greater depth.

       Chemical and physical data from the various sampling events are detailed in the following
subsections. In summary, the results for samples collected during the third pilot study were chosen
as the representative profile of the Hot Spot sediment. These results were generally consistent with
the historical Hot Spot data, although the PCB results were lower than the historical  average of
approximately 20,000 ppm to 30,000 ppm. Results for oil and grease and four heavy metals of
concern were essentially the same for the third pilot study and the historical data.  Based on the
available data, the results from the third  pilot study appear to represent a reasonable average
concentration of contaminants in the CDF.

       Initial in-situ sampling of the Hot Spot sediments was conducted from 1982 through 1988.
These data sets provide the basis for the historical information on the Hot Spot sediment. The
following  five sediment sampling data sets were used to determine the nature and extent of PCB
contamination in sediment of the Acushnet River Estuary:

       •      U.S. Coast Guard Sediment Sampling Program (1982)
       •      USAGE FIT Sampling Program (1986)
       •      Battelle Hot Spot Sediment Sampling Program (1987)
       •      USAGE Wetlands and Benthic Sediment Sampling Program (1988)
       •      USAGE Hot Spot Sediment Sampling Program (1988)
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       The data sets listed above were used by EPA to support the 1990 Hot Spot ROD. Other
relevant data sets that were included by EPA in the Administrative Record:

       •     DEQE sampling (1981)
       •     EPA sampling (November 1981)
       •     Aerovox sampling (March 1982)
       •     Aerovox/GE sampling (June 1986)

       In summary, these four data sets are consistent with the magnitude and location of PCB
identified within the five data sets used to support the 1990 Hot Spot ROD.

Chemical Characterization:

       PCB, oil and grease, selected semi-volatile, and Toxicity Characteristic Leaching Procedure
(TCLP) results for the sediment samples collected during the pilot study program are discussed in
this section. Where appropriate, the data are compared with the USAGE sampling conducted in June
1995. PCB data from the third pilot study and the USAGE 1995 samples 4 through 6 appear to be
most representative of the sediment contained within the CDF, based on historical data for the
sediment. Samples collected during the first and second pilot study and 1995 samples 1 through 3
appear to represent uncharacteristically low concentrations of contaminants due to settling at the end
of the dredge pipe.  These results are further summarized and discussed below.
       PCB and oil and grease data for the pilot study feed sediment samples are summarized in
Table 1. The results are presented as averages for tile first and second studies, and averages for the
third pilot scale study.  This reflects the manner in which the sediment was collected and
homogenized for each study. During the spring of 1996, approximately five cubic yards of Hot Spot
sediment was removed from the CDF and homogenized.  A similar procedure was performed in the
summer of 1996 to gather and homogenize feed sediment for the third pilot scale study. As shown
in the table, the average results for the first and second pilot studies were lower than for the third
pilot study.

       The difference in average PCB concentrations between these two sediment removal exercises
is not surprising given the variability that is likely to exist throughout the CDF. However, it would
appear that sediment removed to support the third treatability study may be more representative of
the CDF as a whole. This judgment is in part, based on the PCB results obtained by the USACE
during the June 1995 sampling event and the historical in-situ measurements. These results of the
USAGE'S sampling of the CDF are summarized in Table 2.

       In addition to the  chemical analyses, the USACE evaluated the physical and chemical
composition of these samples.  The results of this evaluation identified two distinctly different types
of sediment along the eastern wall  of Cell #1 of the CDF.  These included, the coarser material

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which had settled out at the end of the dredge discharge pipe (samples 1 through 3), and the samples
that were beyond the initial settling zone (samples 4 through 6). Given the hydrodynamic profile
of the CDF as a settling lagoon and based on a comparison with historical data, samples 4 through
6 appeared more likely to be representative of the CDF material than samples 1 through 3.

Sediment Semivolatile Concentrations:

       Feed sample results from the third pilot study for chlorinated benzenes are summarized in
Table 3.  Similar to the PCB and oil and grease results, chlorinated benzene results were slightly
lower in the samples collected during the first and second studies that those collected during the third
study, indicating that the chlorinated benzene concentrations may be somewhat proportional to the
PCB concentrations.

       PAH results from the third pilot study are summarized in Table 4.  In contrast to  the
chlorinated benzenes, the results for PAHs were actually slightly higher in the samples for the first
and second study than in those collected  during the third study. The average total PAHs were
reported to be 65 ppm in the first and second study, almost twice the 37 ppm average reported for
the third study.  The pattern of PAH contamination does not correlate with the PCB observations.
This is likely due to historical point and non-point sources of PAHs along the harbor's edge. These
sources likely contributed PAHs to the harbor in a manner different from that of PCB.  To maintain
consistency, the data from the third pilot study was used hi Table 4 to categorize the sediment.

CDF sample results are consistent with previous in-situ sampling, where total PAH concentrations
averaged approximately 70 ppm (the highest PAH concentration of 93 0 ppm was detected hi the Hot
Spot area). No discrete areas of elevated levels of PAH compounds were observed in the in-situ
sampling, suggesting that the PAH contamination is from non-point sources such as urban runoff.
PAH concentrations detected in the upper estuary sediment were similar to  PAH concentrations
detected in other urban and industrialized areas (EPA, 1992).

       Overall, concentrations of the semivolatile compounds, including the PAHs and  the
chlorinated benzenes, total less than three percent of the PCB concentratioa  This, in addition to the
relatively lower toxicity of most of these semivolatile compounds with respect to PCBs, indicates
that the majority of risk associated with the Hot Spot is attributable to PCBs.

Sediment Dioxin and Furan Concentrations:

       Data for 2,3,7,8-substituted dioxins and furans from the third pilot study and the 2,3,7,8
tetrachlorodibenzo (2,3,7,8-TCDD) toxicity equivalents (TEQs) are summarized in table 5. TEQs
were calculated by multiplying the concentration of the specific 2,3,7,8- substituted congener by its
specific toxicity equivalent factor (TEFs).  Further discussion of TEFs and a table summarizing the
TEF values are included in Section 4.3 of the December 1997 Hot Spot Feasibility Study Addendum
Report.  The TEF calculation adjusts the concentration of the less toxic 2,3,7,8- substituted
congeners to the equivalent concentration (based on toxicity) of the most toxic dioxuVfuran congener

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 (2,3,7,8-TCDD).  Note that, by definition, the TEQ is related to the concentration of 2, 3, 7, 8-
 substituted congeners but is not necessarily related to the total dioxin/furan concentration'

       As was the case for the PCBs, dioxin and furan results from the first and second pilot studies
 were slightly lower than for the third pilot study. The total 2,3,7,8-substituted isomer concentration
 was 16.8 (ng/gm) (parts per billion or ppb) for the first and second studies, with a total TEQ
 concentration of 1.3 ng/gm.

       Table 6 summarizes the total dioxin  and furan results from the third pilot study.  Total
 dioxins and furans total approximately 30 to 40 parts per billion (ppb). The total 2,3,7,8-TCDD
 toxicity equivalent averages were approximately one to two ppb, over one million times less than
 the total PCB concentration.

 Sediment Metals Concentrations:

       Metals results from the third  pilot study are summarized in Table 7.  Arsenic, cadmium,
 chromium, copper, lead and zinc were identified as metals of concern for the site during the initial
 phases of Rl/FS studies conducted during the early 1980's.  In addition to potential risks associated
 with these contaminants, metals contamination in the sediment is a concern from an engineering
 perspective.

       There are some public health risks associated with exposure to these metals; however, this
 exposure is expected to comprise a  small component of the total risk when compared to risks
 associated with exposure to PCB-contaminated sediment.  The interim storage of the Hot Spot
 Sediment in the Sawyer Street CDF is currently preventing exposure.

 TCLP Concentrations:

       TCLP results for key contaminants are summarized in Table 8. The complete  data set of
 TCLP analysis results, including the raw data sheets for the three pilot studies, is included in the
 Data Compendium (Foster Wheeler 1997b).  The key contaminants summarized hi Table 8 were
 chosen based on their presence in the Hot Spot sediment and/or because there is a TCLP regulatory
 criteria for the contaminant.  Some organic contaminants which have a regulatory criteria were not
included in this summary table, as they were reported as non-detect by the laboratory. As discussed
 above, results from the third pilot study were chosen as representative of the Hot Spot sediment,
 although the results from the first and second studies were similar. TCLP results for the sediment
 do not exceed regulatory criteria for being regulated as hazardous waste for any of the listed
 contaminants

       No regulatory criteria are  available for TCLP PCBs.  Because PCBs are the primary
 contaminant of concern in the Hot Spot sediment, the teachability (TCLP) data for PCBs are of
interest. The average TCLP  PCB result was approximately 28 ug/L (ppb). In comparison with the
sediment concentration of 5,700 ppm, very little of the PCBs in the Hot Spot sediment leached into

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the TCLP aqueous solution. This is presumably because the PCBs are preferentially entrained in
the high organic matrix of the sediments.

Physical Characteristics

       The Hot Spot sediments are generally a fine-sandy silt with some clay sized particles present.
The sediments are roughly 50 percent solids and 50 percent water with a wet unit weight of
approximately 1.2 tons per cubic yard. The specific gravity of the solid particles within the sediment
matrix is on the order of 2.4 to 2.5. The sediments also contain some shell fragments.  However,
the majority of these fragments, passed a one-inch sieve that was used to pre-screen feed material
for two of the three pilot scale treatability studies.

       Sediment from the third pilot study was evaluated for grain size distribution and found to be
similar in nature to the sediments from stations 4  through 6 of the 1995 USAGE CDF sampling
program. The results of a comparison of PCB concentrations from these samples have shown similar
consistency.

       For potential full-scale treatment operations, the sediment would likely be a fine sandy silt,
with approximately 50% to 70% of the sediment passing the number 200 sieve. The sediment is also
approximately 50 percent moisture by weight. A  small volume of larger sized particles is located
in the northeastern corner of the CDF, adjacent to the dredge disposal pipe terminus. In addition,
the contaminant levels associated with these larger particles are generally lower than the average Hot
Spot concentrations.
VII.  SUMMARY OF SITE RISKS

       Risks associated with exposure to the contaminants of concern (PCBs, cadmium, copper and
lead) in the Hot Spot sediments prior to their removal from the harbor were evaluated and discussed
in the 1990 Hot Spot ROD. As discussed previously, dredging of hot spot areas was completed in
1995 and the dredged sediments are currently stored in the Sawyer Street CDF.

       The interim storage of the Hot Spot sediments in the Sawyer Street CDF has been protective
of human health and the environment but provides limited long-term protection. The limitation hi
long-term protection is due, primarily, to the limitations of the existing cover in containing the Hot
Spot sediments for a long period of time.  The Sawyer Street CDF is currently operated as a
temporary storage facility and does not include a cover system which would  provide long-term
isolation of contaminants within the CDF.
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VIII. DESCRIPTION OF AMENDMENT ALTERNATIVES EVALUATED

       The New Bedford Harbor Hot Spot FeasMity Study Addendum Report (Foster Wheeler,
1997a) presents and analyzes all of the options EPA considered to replace the on-site incineration
component of the original remedy.  EPA developed eleven options for the Hot Spot sediments
currently stored in the Sawyer Street CDF. These options are summarized below. More detailed
information on each option and a comparative analysis of the options can be found in the Feasibility
Study Addendum Report.

A.     Limited or No Further Action (HS-1)

       1 • No Further Action (HS-1 V The Sawyer Street facility would be operated and maintained
as it is today. This includes maintenance of the CDF  cover, the current institutional controls of
fencing and site security, and continuation of the air and groundwater monitoring programs

B.     Treat Contaminants On-site

       2- Solvent Extraction and Solid Phase Chemical Destruction (HS-2AV Removal of the Hot
Spot sediments from the Sawyer Street CDF and separation of the PCBs and other organics through
solvent extraction. The concentrated oily extract would subsequently be treated on-site with solid
phase chemical dechlorination to destroy the PCBs.  The final  step involves placement of the
treatment residuals within a shoreline CDF.

       3- Solvent Extraction and Gas Phase Chemical Destruction fHS-2BV Separation of the PP.Rg
and other organics through solvent extraction as described for HS-2A. The concentrated oily extract
would then be heated such that the waste would be transformed into a vapor and subsequently treated
with an on-site gas phase reduction reactor to destroy the PCBs. The final step involves placement
of the treatment residuals within a shoreline CDF.

      4- Solvent Extraction and Off-Site IncinerationfHS-2C): Separation of the PCBs and other
organics through solvent extraction as described for HS-2A.  The concentrated oily extract would
then be transported off-site for incineration at a permitted TSCA facility to destroy the PCBs. The
final step involves placement of the treatment residuals within a shoreline CDF.

      5. Thermal Desorption and Solid Phase Chemical Destruction (YHS-3 AV Removal of the Hot
Spot sediments from the CDF followed by a mechanical dewatering step.  The PCBs and other
organics would be separated through thermal desorption. The concentrated oily extract generated
by the thermal desorption process would subsequently be treated on-site with a solid phase chemical
dechlorination agent to destroy the PCBs.  The final  step involves placement  of the treatment
residuals within a shoreline CDF.

      6. Thermal Desorption and Gas Phase Chemical Destruction (HS-3BV Separation of the
PCBs and other organics via thermal  desorption as described for HS-3A.   The  separated

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contaminants would subsequently be destroyed on-site in a gas phase reduction unit. The final step
involves placement of the treatment residuals within a shoreline CDF.

       7.  Thermal Desorption and Off-Site Incineration (HS-3C1:  Separation of the PCBs and
other organics via thermal desorption as described for HS-3 A. The concentrated oily extract would
be transported off-site for incineration at a permitted TSCA facility to destroy the PCBs. The final
step involves placement of the treatment residuals within a shoreline CDF.

       8.  Staged Vitrification (HS-4): Removal of the Hot Spot sediments from the Sawyer Street
CDF followed by a thermal dewatering step to significantly reduce the moisture content. The dried
sediments would be placed within a portion of the CDF and treated through electrically generated
high temperatures (pyrolisis). The resulting product is an inert glass-like solid in which the PCBs
and other organics are thermally destroyed and any metals or other inorganics are immobilized into
a non-leachable form.

C.     Contain Contaminants

       9.  In-Place Capping (HS-5V Following in place dewatering of the sediments with wick
drains, the sediments would be capped in-place using a multiple layer impermeable  cap. This
alternative includes a significant long-term monitoring program for groundwater quality hi the
vicinity of the CDF and potential ah- releases.

E.     Move Contaminants Off-site

       10.  Off-Site Landfilling (HS-6): This alternative involves dewatering the sediments either
in-situ or removing them from the Sawyer Street CDF and mechanically dewatering them.
Following dewatering, the sediments are transported off-site to a TSCA permitted hazardous waste
landfill.

       11. Off-Site Incineration (HS-7): This alternative involves dewatering and removal of the
sediments from the CDF as described in alternative HS-6.  The dewatered sediments would then be
transported off-site to a TSCA permitted incinerator to destroy the PCBs.
IX.   COMPARATIVE  ANALYSIS OF  THE ORIGINAL REMEDY AND
       AMENDED REMEDY

       Section 121(b)(l) of CERCLA presents several factors that EPA is required to consider in
its assessment of alternatives. Building upon these specific statutory mandates, the NCP  articulates
nine evaluation criteria to be used in assessing remedial alternatives. These criteria are as follows:
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Threshold Criteria

In accordance with the NCP, two threshold criteria must be met in order for the alternative
to be eligible for selection:

1.     Overall protection of human health and the environment addresses whether or
       not a remedy provides adequate protection, and describes how risks posed through
       each exposure pathway are eliminated, reduced or controlled through treatment,
       engineering controls or institutional controls.

2.     Compliance with applicable or relevant and appropriate requirements (ARARs)
       addresses whether or not a remedy will meet all of the ARARs of promulgated state
       and federal environmental and facility-siting requirements, and if not, provides the
       grounds for invoking a CERCLA waiver(s) for those requirements.
Primary Balancing Criteria

The following five criteria are used to compare and evaluate those alternatives which fulfill
the two threshold criteria.

3.     Long-term effectiveness and permanence assesses alternatives for the long-term
       effectiveness and permanence they afford, along with the degree of certainty that they
       will be successful.

4.     Reduction of toxicity, mobility or volume through treatment addresses the degree
       to which alternatives employ recycling or treatment to reduce toxicity, mobility or
       volume, and how treatment is used to address the principle threats posed by the site.

5.     Short term effectiveness addresses the period of time needed to achieve protection
       and any adverse impacts on human health and the environment that may be posed
       during the construction and implementation of the alternative until cleanup goals are
       achieved.

6.     Implementability addresses the technical and administrative feasibility of  an
       alternative, including the availability of materials and services needed to implement
       a particular option.

7.     Cost includes estimated capital as well as operation and maintenance costs, on a net
       present-worth basis.
                                    21

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       Modifying Criteria

       The two modifying criteria discussed below are used in the final evaluation of remedial
       alternatives generally after EPA has received public comment on the RI/FS and Proposed
       Plan.  .

       8.     State acceptance addresses the State's position and key concerns related to the
             preferred alternative and other alternatives, and the State's comments on ARARs or
             the proposed use of waivers.

       9.     Community acceptance addresses the public's general response to the alternatives
             described in the remedial investigation, feasibility study and Proposed Plan.

       The following is a comparison of the 1990 Hot Spot ROD remedy and the Amended ROD
remedy, contrasting each remedy's strength and weaknesses with respect to the nine evaluation
criteria.

1.     Overall Protection of Human Health and the Environment

       This criterion considers whether the remedy, as a whole, will protect human health and the
environment. This includes an assessment of how public health and environmental risks are properly
eliminated, reduced, or controlled through treatment, engineering controls, or institutional controls.
       The original remedy and amended remedy are both protective of human health and the
environment.  The original remedy called for dredging the Hot Spot sediments from the harbor,
dewatering the sediments, and destroying the PCBs in an on-site incinerator. Incineration is a
proven technology for the destruction of PCBs, and ah- pollution control devices are routinely used
to meet allowable levels of air emissions.  The residual ash from the incineration process was to be
permanently stored in the Sawyer Street CDF. To ensure protectiveness of human health and the
environment, the CDF was to be closed in accordance with the RCRA Hazardous Waste Regulations
for landfills.                                                                      •

       The amended remedy calls for transporting the dredged Hot Spot sediments, after dewatering
on-site, to a TSCA permitted off-site hazardous waste landfill instead of on-site incineration.
Therefore, no risks to the health of the community or harbor due to potential exposure to the Hot
Spot sediments will remain at the Site. As with the original remedy, removing the sediments from
the Sawyer Street CDF may pose some risk of exposure to PCB emissions during the removal and
dewatering operations. These short-term risks can be easily minimised using engineering controls
and are relatively minor in comparison with the long-term  risks associated with leaving the
sediments in place.
                                          22

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2.     Compliance with Applicable and Relevant and Appropriate Requirements

       This criterion addresses whether or not a remedy complies with all promulgated state and
federal environmental and facility siting requirements that apply or are relevant and appropriate to
the conditions and remedy at a specific site.   If an Applicable or Relevant and Appropriate
Requirement (ARAR) cannot be met, the analysis  of a remedy must provide the grounds for
invoking a statutory waiver.

       The original and amended remedy comply with all Federal and State ARARs with only one
waiver.   The sediment dewatering component of the  original and amended remedy requires
discharging treated water into the upper harbor.  Water discharges are regulated under state and
federal water quality ARARs.  Operation of the Sawyer  Street treatment plants requires a waiver
of a provision of the National Pollutant Discharge Elimination System requirements of the federal
Clean Water Act (CWA), Section 402. The provision can be interpreted to prohibit new discharges
into waters that do not meet applicable water quality criteria, unless certain conditions are met (40
CFR 122.4(i)). Harbor waters are presently degraded; they neither meet AWQCs for copper and
PCBs nor are conditions concerning pollutant load allocations and compliance schedules for the
upper harbor  waters  likely to be accomplished within a reasonable time before the remedy is
implemented.  A CERCLA waiver under Section 121(d)(4)(B) was invoked in the Proposed Plan
to Amend the Original Remedy and public comment specifically requested. The waiver was invoked
since compliance  would essentially prevent the cleanup of this  Site, resulting in greater risk to
human health and the environment. No comments were received on this particular waiver. Issuance
of the ROD enacts the waiver.

       Further, since New Bedford Harbor water quality is so degraded as to preclude dilution of
any proposed  discharge of PCBs and copper, Section 402 of the CWA requires that discharges of
PCBs and copper meet the respective AWQCs at the discharge point. Consistent with Section 303
of the CWA and its Total Maximum Daily Load (TMDL) approach, however, discharge limits for
copper and PCBs will be below current background levels but above AWQCs. This approach allows
for attainment of the water quality standards for copper and PCBs throughout the water body in a
phased or step-wise approach. The amount of copper and PCBs that will be discharged from the
treatment plants will be more than offset by the permanent removal of copper and PCB contaminated
Hot Spot sediments from the Harbor.  It is expected that the treatment facilities can attain the
AWQCs for cadmium, chromium and lead, the other contaminants of concern from a wastewater
discharge standpoint.

3.     Long-term Effectiveness and Permanence

       This criterion refers to the ability of a remedy to maintain reliable protection of human health
and the environment over time once the remedial action is complete.

       The original incineration remedy would have provided long-term protection and permanence
since the PCBs would have been destroyed during the incineration process. The residual ash, which

                                          23

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could have been considered a hazardous waste, would have been safely contained and monitored in
a facility built to comply with RCRA Hazardous Waste Regulations for landfills.

       The amended remedy will provides long-term protection and permanence since the Hot Spot
sediments will be transported from the Sawyer Street site to an off-site TSCA permitted hazardous
waste landfill.

4.     Reduction of Toxicitv. Mobility, and Volume through Treatment

       This criterion contains three measures of the overall performance of a remedy. The 1986
amendments to the Superfund statute emphasize that,  whenever possible, EPA should select a
remedy that uses a treatment process to permanently reduce the level of toxicity of contaminants at
the Site, inhibit or eliminate the spread of contaminants away from the source of contamination, and
reduce the volume, or amount of contamination at the Site.

       The original remedy uses a proven treatment technology, incineration, to reduce the toxicity,
mobility and volume of contaminants. Incineration would remove 99.9999% of the PCBs from the
sediments.

       The amended remedy does not use treatment to reduce the mobility or toxicity  of
contaminants. Although the 1986 amendments to CERCLA and the NCP states a preference for
treatment, an evaluation of site conditions, such as proximity to urban communities^ concluded that
there were sufficient negative effects from operating innovative treatment technologies at the site
to warrant selecting off-site landfilling over on-site treatment. The Hot Spot sediment dewatering
process will reduce the volume of contaminated sediments by 20% to 30%.

5.     Short-term Effectiveness

       This criterion refers to the likelihood of adverse impacts on human health or the environment
that may be posed during the construction and implementation of a remedy.

       EPA does not believe that the original remedy or amended remedy pose significant short-
term effectiveness concerns.   The potential exposure  of site workers and area residents to
contaminated sediments or air emissions during implementation of the on-site incineration remedy
or off-site landfilling would be minimized by using safety plans that include air emissions controls
and a network of ambient air monitors to assess potential releases to the air during cleanup
operations.  Off-site transportation of the Hot Spot sediments will result hi a small increase in truck
traffic through the community.  The trucks will be routed to minimize the impact to local traffic.
The time to complete either the original or amended remedy is the same, about one year.
                                          24

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 6.     Imolementabilitv

       This criterion refers to the technical and administrative feasibility of a remedy, including the
 availability of materials and services needed to implement the remedy.

       EPA considers both the original and amended remedy to be implementable.  The amended
 remedy is routine in comparison to the original remedy.  While incineration is known to be a proven
 technology for the destruction of PCBs, testing in the form of a test burn would have been required
 to determine optimum equipment configuration and operating parameters.  The technology to
 implement the amended remedy is routinely available and there are currently several off-site TSCA
 permitted hazardous waste landfills available for disposal of the Hot Spot sediments.

 7.     Cost

       This criterion includes the capital (up-front) cost of implementing each remedy.  The costs
 described below do not include previous costs which are substantial.  The cost estimates only reflect
 those costs that would be incurred henceforth to implement either the unfinished components of the
 original on-site incineration remedy or the amended remedy.

       Original On-Site Incineration Remedy: Total capital cost = $18,200,000
       Amended Remedy (Off-Site Landfilling): Total capital cost = $14,800,000

       Note: The original on-site incineration remedy included disposing the incinerator ash in an
 on-site CDF and capping the CDF. The long-term O&M costs for this component of the original
 remedy is not included in the capital cost of $18,200,000. The amended remedy does not require
 any long-term O&M.

 8.     State Acceptance

       This criterion addresses whether, based on its review of the data derived from the Site and
the Proposed Plan, the State concurs with, opposes, or has no comment on the Amendment EPA has
 selected for the Site.

       The Massachusetts Department ofEnvironmental Protection (DEP) has reviewed the August
 1998 Proposed Plan to Amend the 1990 Cleanup Plan  and a draft of this Amendment.  The DEP
concurs with the remedy change.  The DEP has provided a letter of concurrence which is provided
hi Appendix C.

 9.     Community Acceptance

       This criterion addresses whether the public concurs with EPA's proposed Amendment.
Community acceptance of this Amendment to the 1990  Hot Spot ROD was evaluated based on
                                          25

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comments received at the public hearing and a recommendation from the New Bedford Harbor
Community Forum discussed in Section III of this Amendment.

       As  discussed in  Section III,  EPA's  proposed Amendment is also the consensus
recommendation of the New Bedford Harbor Superfund Site Community Forum. Based on the
Public Hearing and comments received during the public comment period,  it appears that the
proposed Amendment has broad community support.  The proposed Amendment is also supported
by the Mayor of New Bedford and Congressman Barney Frank.
X.    THE SELECTED REMEDY

       After an extensive process of evaluating alternatives to the on-site incineration component
of the original remedy and developing a consensus among Site stakeholders, EPA has selected the
remedy described below as the best balance between the nine criteria.  The selected remedy is a
removal and disposal alternative using a permitted off-site facility.  The cleanup operations will
include the following activities:

       1.  Upgrade Existing Site Facilities As Needed.  To accommodate sediment handling and
dewatering activities is may be necessary to construct or improve access to the CDF and other areas
of the site. Treatment pads, temporary buildings and upgrades to site utilities may also be needed.

       2.  Sediment Dewatering and Water Treatment. The  Hot Spot sediments currently stored
in the Sawyer Street CDF are approximately 50% water, which is too wet to be accepted by a TSCA
permitted hazardous waste landfill.  The sediments will be dewatered to that level which is in
compliance with the permits and other requirements for  the selected off-site TSCA  permitted
landfill. Options for dewatering the sediments will be evaluated during the design process.  The
sediment may be dewatered in-situ by extracting water via installed well points, or by removing the
sediment from the CDF and mechanically dewatering it ex-situ, or a combination of in-situ and ex-
situ dewatering. Water extracted from the Hot Spot sediment during the dewatering operations will
be treated in the existing Sawyer Street wastewater treatment plant prior to discharge into the harbor.

       3.  Transportation to an  Off-Site TSCA Permitted Landfill.  Following dewatering, the
sediments will be loaded into sealed containers for transport to a TSCA permitted off-site hazardous
waste landfill. Trucks leaving the Sawyer Street Site will be routed to minimize their impact to local
traffic

       4.  Air Monitoring Program.  There is a potential for ah" emissions of PCBs during the
sediment removal and dewatering activities. A comprehensive ambient air monitoring program will
be implemented during the sediment removal and dewatering operations to ensure that engineering
controls are effective at protecting site workers and the local community.

The time to complete the activities describe above has been estimated at no more than two years, and

                                         26

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 a cost of $ 14,800,000. EPA may use the Sawyer Street site, including the three cells of the CDF and
 the water treatment plant to support Phase H of the harbor cleanup. The Upper and Lower Harbor
 ROD for Phase n was released in September 1998 and calls for dredging an additional 450,000 cubic
 yards of PCB-contaminated sediments from the harbor and containing the dredged sediments in
 shoreline CDFs. The future use of the Sawyer Street site and facilities will be determined during
 implementation of the Phase II remedy.
XL   STATUTORY DETERMINATIONS

       The remedial action selected herein for implementation at the New Bedford Harbor Site is
consistent with CERCLA and, to the extent practicable, the NCP.

A.     The Selected Remedy is Protective of Human Health and the Environment

       The selected remedy will be protective of human health and the environment. There will be
no  Hot Spot  sediments remaining at the Site after the cleanup is completed. Therefore, no risks to
the health of the community or the environment due to potential exposure to the Hot Spot sediments
will remain.  There are no significant short-term risks to human health or the environment during
implementation of the selected remedy. The potential exposure of site workers and area residents
to contaminated sediments will be minimized by using safety plans that include air emission controls
and a network of ambient air monitors to assess potential releases to the  air during cleanup
operations.  Tables 9, 10  and  11 summarize the various chemical, location  and  action  specific
ARARs discussed below, as well as their impact on remedial activities.


B.     The Selected Remedy Attains or Appropriately Waives ARARs

       This section briefly summarizes the most significant chemical, location and action specific
ARARs for the remedy.
       Chemical-specific ARARs govern the extent of site cleanup and provide either actual clean-
up levels or a basis for calculating such levels. These requirements are usually health- or risk-based
numerical values or methodologies which, when applied to site-specific conditions, result hi
numerical values which help define the degree of cleanup.

       There are no "applicable" or "relevant and appropriate" federal or state chemical-specific
ARARs for the selected remedy.  All of the Hot Spot  sediments currently contained hi the Sawyer
Street CDF will be removed and transported to a TSCA permitted chemical waste landfill.
                                         27

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Location-Specific ARARs

       Location-specific ARARs are restrictions relating more directly to the geographical or
physical setting of the site. These locations include natural site features such as wetlands and flood
plains, as well as manmade features including existing landfills, disposal areas,  and local historic
buildings. Location-specific ARARs are generally restrictions on the concentration of hazardous
substances or the conduct of activities solely because of the site's particular characteristics or
location. These ARARs provide a basis for assessing existing site conditions and subsequently aid
in assessing potential remedial alternatives.

       Location-specific ARARs pertain to the site's location within a coastal flood plain, adjacent
to the Harbor.  Federal ARARs address flood plain management, protection of fish and wildlife
resources, and coastal zone management. Alternatives located in a flood plain may not be selected
unless a determination is made that no practicable alternative exists outside the flood plain. Under
such circumstances the potential harm must be minimised and action taken to restore and preserve
natural and beneficial values.  The U.S. Fish and Wildlife Service  must be consulted regarding
preventing and mitigating any potential losses to fish and wildlife resources.

       State ARARs address coastal zone management, work within flowed and filled tidelands, and
wetlands protection. The state wetlands protection statute identifies the following protected resource
areas that occur on or adjacent to the site: Land Subject to Coastal Storm Flowage, Land Under
Ocean, Designated Port Area, Coastal Beaches (including tidal flats), Coastal Bank (including a 100-
foot buffer zone inland from the edge of the bank), and Land Containing Shellfish.

Action-Specific ARARs

       Action-specific ARARs are usually technology or activity-based limitations or requirements
that control actions at CERCLA sites. After remedial alternatives are developed, action-specific
ARARs pertaining to proposed site remedies provide a basis for assessing the  feasibility and
effectiveness of the remedies. These requirements generally define acceptable treatment, storage,
and disposal procedures for PCB-contaminated and hazardous substances during the response actioa

       The primary action-specific ARARs are requirements regarding waste management and
treatment. These ARARs include PCB storage, treatment and disposal requirements under TSCA
and identification and regulation of characteristic hazardous waste under Massachusetts Hazardous
Waste Management standards.

       TSCA requires that any PCB contaminated dredge spoil with a concentration of 50 ppm or
greater be disposed of either in an approved incinerator, an approved chemical waste landfill, or by
using a disposal method to be approved by the Regional Administrator. Approval must be based on
a finding that, based on technical, environmental, and economic considerations, disposal in an
incinerator or chemical waste landfill is not reasonable and appropriate, and that the alternative
disposal method will provide adequate protection to health and the environment.

                                          28

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        The selected remedy complies with one of the TSCA approved disposal methods, i e
 disposal in an approved chemical waste landfill. The selected remedy  requires temporary storage
 of the PCB sediment for greater than one year. TSCA regulations, 40 CFR 761.65(2), allow for a
 one-year extension of TSCA's one-year storage limitation upon the written notice to the Regional
 Administrator of the reasons for the delay in disposing of the material.

        Massachusetts Hazardous Waste ARAR's apply to all non-PCB contaminants that meet
 characteristic hazardous waste standards. Recent toxicity characteristic leaching procedure (TCLP)
 data on the dredged sediment samples show the sediment does not meet the definition of a RCRA
 characteristic waste. Toxicity characteristic (TC) constituent concentrations are below TC regulatory
 hmitsforhazardous waste. Sediments, process wastes, and discharges from monitoring, operations
 and/or maintenance will be tested for hazardous constituents.  Any characteristic wastes identified
 will be stored, treated, and/or disposed of in compliance with state hazardous waste requirements.

        Other federal  and state  action-specific  ARARs include ah- quality and  air pollution
 requirements, which preclude the release of PCBs and other contaminants. Air emissions from the
 proposed alternatives may result from Hot Spot sediment handling/dewatering operations before
 off-site transportation and disposal. Air emissions will be addressed by using safety plans that
 include air emission controls and a network of ambient air monitors to assess potential releases to
 the air during handling/dewatering

       Water discharges are regulated under state and federal water quality ARARs. Water
 treatment at the facility's on-site water treatment plant will be required to treat the water derived
 from theHot Spot sediment dewatering operation. Operation of the treatment plant requires a waiver
 of a provision of the National Pollutant Discharge Elimination System requirements of the federal
 Clean Water Act (CWA), Section 402.  The provision prohibits new discharges into waters that do
 not meet applicable water quality criteria, unless certain conditions are met (40 CFR 122.4(i)) The
 plan proposed that a protectiveness waiver under Section 121(d)(4)(B) ofCERCLAbeusedforthis
 ARAR since compliance would essentially prevent the cleanup of this Site and result in greater risk
 to human health and the environment than other alternatives. The issue is the result of the degraded
 water quality in the Harbor, where permitting any new discharge is not possible unless the Harbor's
 waters reach water quality standards or until the other conditions of the reguktions are met. Neither
 of these conditions are likely to be accomplished in a reasonable  time. Therefore, this ARAR is
 waived.

       Furthermore, since New Bedford Harbor water quality is so degraded as to preclude diluting
 any proposed discharge, Section 402 of the CWA requires that discharges meet ambient water
 quality criteria (WQC) at the discharge point. Except for copper and PCBs, it is expected that the
treatment facility can attain compliance  with WQC during the remedial activities.  Consistent with
 Section 303 of the CWA and its Total Maximum Daily Load (TMDL) approach, it is proposed that
discharge limits for the water treatment plant be implemented that are below current background
levels of copper and PCBs, but above WQC. This approach helps achieve attainment of ambient
WQC throughout the waterbody in a phased or  step-wise approach,  consistent with EPA's
                                          29

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 September 1998 Record of Decision for the Upper and Lower Harbor Unit (USEPA, 1998b). The
 copper and PCBs that will be discharged from the treatment plant will be offset by the copper and
 PCB contaminated sediments which have been permanently removed from the Harbor as part of the
 1994/1995 Hot Spot dredging operation..

       Federal PCB policies and guidance regarding PCB air releases and treatment technologies
 for CERCLA remedial actions will be considered.  Massachusetts guidelines to be considered
 include ambient air limits and noise levels. The Allowable Ambient Limits and Threshold Exposure
 Limits will be considered for air emissions.  Revised TEF and the air dioxin guideline will be
 considered for evaluation of air emissions. Noise levels will be minimized to the extent practicable.

 C.     The Selected Remedial Action is Cost-Effective

       The selected remedy is cost-effective since it provides overall effectiveness proportional to
 its cost. The costs for the eleven cleanup plans evaluated range from $5.4 million to $48.5 million.
 The two cleanup alternatives at the low end of the range (HS-1 at $5.4 million and HS-5 at $10.3
 million), are alternatives that do not treat or remove the Hot Spot sediments from the Site. The
 selected remedy, at an estimated cost of $14.8 milling does not treat the sediments but does remove
 them from the site providing a higher level of protection than alternatives HS-1  and HS-5. The
 remaining eight cleanup plans evaluated are treatment alternatives ranging in cost from $19 million
 to $48.5 million.  Since the selected remedy removes all of the Hot Spot sediments from the Sawyer
 Street CDF and transports them off-site, there will be no remaining risks at the Site. Therefore, a
 more costly treatment alternative will not provide more protection to the community or the harbor.

 D.     The Selected Remedy Utilizes Permanent Solutions and Alternative Treatment or
       Resource Recovery Technologies to the Maximum Extent Practicable

       The selected remedy provides a permanent solution for the Hot Spot sediments currently
 stored  on the Sawyer Street CDF.    It  permanently isolates  these sediments from human and
 environmental receptors by containing them in a TSCA permitted off-site chemical waste landfill.
Alternatives involving on-site treatment of the Hot Spot sediment were considered, but lack the
 community support that would make them a practicable option at this Site. Although the Hot Spot
 sediments will not be treated, a large volume of PCBs and metals contaminated water which was
decanted during the dredging operation has been treated to meet stringent discharge standards.
Furthermore,  the contaminated water from the dewatering operations will also be treated to meet
stringent discharge standards.

E.     The Selected Remedy Does Not Satisfy the Preference for Treatment as a Principle
       Element

       The selected remedy does not use  treatment of the PCB-contaminated sediments as a
principle element of the remedy, although as described above, decanted water from the Hot Spot
dredging operations was treated. In addition, the Hot Spot  sediment dewatering to be performed as

                                         30

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a part of the selected remedy-will  involve extensive treatment prior to discharging to the harbor.
Protection against the future ecological and human health risks posed by the Hot Spot sediments
is provided by removing them from the Sawyer Street CDF and permanently isolating them in a
TSCA permitted off-site chemical waste landfill.
XII.  DOCUMENTATION OF NO SIGNIFICANT CHANGES

       The Proposed Plan to Amend the 1990 Cleanup Plan was released for public comment in
August 1998. The proposed change calls for transporting the Hot Spot sediments off-site to a TSCA
permitted  chemical waste landfill rather than on-site incineration as called for in the 1990 cleanup
plan. The amended cleanup plan includes:

       1.     Upgrade Existing Site Facilities As Needed.  To accommodate sediment handling
             and dewatering activities it may be necessary to construct or improve access to the
             CDF and other areas of the site.  Treatment pads, temporary buildings and upgrades
             to site utilities may also be needed.

       2-     Sediment Dewatering and Water Treatment.  The Hot Spot sediments currently
             stored in the Sawyer Street CDF are approximately 50% water, which is too wet to
             be accepted by a TSCA permitted hazardous waste landfill.  The sediments will be
             dewatered  to  that level which is in compliance with the permits and other
             requirements  for the selected  off-site TSCA permitted landfill.   Options for
             dewatering the sediments will be evaluated during the design process. The sediment
             may be dewatered in-situ by extracting water via installed well  points, or by
             removing the sediment from the CDF and mechanically dewatering it ex-situ, or a
             combination of in-situ and ex-situ dewatering. Water extracted from the Hot Spot
             sediment during the dewatering operations will be treated in the existing Sawyer
             Street wastewater treatment plant prior to discharge into the harbor.

       3.     Transportation to an Off-Site TSCA Permitted Landfill.  Following dewatering, the
             sediments will be loaded into sealed containers for transport to a TSCA permitted
             off-site hazardous waste landfill.  Trucks leaving the  Sawyer Street Site will be
             routed to minimize their impact to local traffic.

       4.     Air Monitoring. There is a potential for air emissions of PCBs during the sediment
             removal and  dewatering  activities.  A comprehensive  ambient air monitoring
             program will  be implemented during the  sediment removal  and dewatering
             operations to ensure that engineering controls are effective at protecting site workers
             and the local community.
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       EPA determined that, based on public comment, no significant change is needed to the
proposed amended cleanup plan. EPA will evaluate potential dewatenng strategies further during
the design phase. Based on the results of these further evaluations, EPA may decide to dewater the
sediments before removing them from the CDF by extracting water from well points or mechanically
dewatering the sediments ex-situ  as discussed  above or a combination of in-situ and ex-situ
dewatenng.
XIII.  STATE ROLE
       The Massachusetts Department ofEnvironmental Protection has reviewed the remedy change
and concurs with the selected remedy described in Section X of this Amendment. A copy of the
State concurrence letter is attached as Appendix C.
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                                                              Hew. Bedford Harbor

                                                                      Y
Hot Spot Areas
   (ROD 1)
                                       upper Harbor
 Hot Spot COF
    CoggeshallSL Bridge
         1-195 Bridge
                                         Lower Harbor
      NEW
M   BEDFORD
                                                           NASKETUCKET BAY
                                                           Outer  Harbor
                                                     NEW BEDFORD HARBOR
                                                        STUDY AREAS

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                   AEROVOX
                                                   DESCRIPTION

                                                          CLOSEO T0
                             COGGESHALL
                             STREET BRIDGE  FAIRHAVEN
                                            AREA
                                          AREA U   WATERS CLOSED TO THE
                                                   TAKING OF LOBSTER, EEL,
                                                   FLOUNDER, SCUP, AND TAUTOG
                                          AREA III   WATERS CLOSED TO
                                                   LO8STERING
NEW BEDFORD
                                                  SCONTICUT
DARTMOUTH
                       V/ASTEWATER
                      TREATMENT
                                                                        OCK
                                                                       POINT
               .RICKETSON-S
               POINT
                                              NEGRO LEDGE '
                                                 NEW BEDFORD HARBOR
                                                 FISHING CLOSURE AREAS
 M:SHAUM POINT
                     APPflOXIMATE SCALE W FtET

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Figure 3: Sawyer Street Facility
      Sawyer Street
      Water Treatment Building

      CDF where Hot Spot sediments
      are currently stored

      Upper New Bedford Harbor
       (Acushnet River and Estuary)

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 AIR MONITORING
   STATION
(MOBILE LOCATION)
                                                     CONFWE0 DISPOSAL FACflJtY
                                                          COX II
                                                                              NEW BEDFORD HARBOR
                                                                        HOT SPOT FEA8OUTY STUDY ADDBOUM
                                                                         EXISTING SFTE CONDITIONS
                                                                        SAWYER STREET LOCATION
                                                                           NEW BEDFORD HARBOR
                                                                              SUPERFUND SITE
                                                                     FOSTER WHSStER ENVROtMENTAL CORPORATION
                                                                             US EPA ARCS I PROGRAM

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                                      Table 1
         Summary of PCS and Oil and Grease Data for the Hot Spot Sediment
              ^''&V'v*5 .  ,' "" ' ,&- ''T<
                                            3,800      7,700

                                           28,100     36,900
                                      Table!
               PCB and Oil and Grease Results for the USAGE Samples
                               CoUected in June 1995
                                                      -."• f  f"' •
                                                      "• %& f f\
                                            ^'W^ii.'3&'
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                            Table 4
          Summary of PAH Concentrations for the
                      Hot Spot Sediment
                      (Third Pilot Study)
Naphthalene
2-Methyinaphthalene
Acenaphthylene
Acenaphthene
Fluorene
Phenanthrene
Anthracene
Fluoranthene
Pyrene
Benzo(a)anthracene
Chrysene
Benzo(b)fluoranthene
Bcnzo{k)fluoranthene
Benzo(a)pyieiie
Indeno(l,2,3-cd)pyrene
Dibenz(a,h)anthracene
Benzo(g,h,i)perylene
0.31
0.50
0.16
0.45
0.44
1.1
0.3
1.8
2.6
1.9
2.1
2.0
1.5
1.8
0.13
0.07
0.08
0.78
1.3
8.2
1.9
1.7
6.4
1.7
12
8.2
6.4
7.3
10
8.5
6.6
0.72
3.3
0.4
0.50
0.84
1.4
0.91
0.88
2.3
0.62
3.9
4.8
3.7
4.1
4.2
3.9
3.7
0.28
1.1
0.22
      Total PAH:
                            37

-------
                  Table 5
Summary of {2,3, 7,8 Substituted Isomers} Data
          for the Hot Spot Sediment
             (Third Pilot Study)
^^W >)}J3fiaxuMt^ \y'v^**
....'..^V'^S "'""-'' V V '?*£.* ' \/r
2,3,7,8-TCDD
1,2,3,7,8-PeCDD
1,2,3,4,7,8-HxCDD
1,2,3,6,7,8-HxCDD
1,2,3,7,8,9-HxCDD
1,2,3,4,6,7,8-HpCDD
OCDD
2,3,7,8-TCDF
1,2,3,7,8-PeCDF
2,3,4,7,8-PeCDF
1,2,3,4,7,8-HxCDF
1,2,3,6,7,8-HxCDF
2,3,4,6,7,8-HxCDF
1,2,3,7,8,9-HxCDF
1,2,3,4,6,7,8-I^>CDF
1,2,3,4,7,8,9-I^)CDF
OCDF
Total:
$t ;:3n|1^(ffltSttB^ ; %
W^'l^tnf^mpjge
3.6
9.1
7.9
31
20
386
3,000
690
276
1,520
4,440
1,920
844
986
1680
1,260
1,860
18,933
^IStetSWHf5fiE^ '-'
3.6
4.5
0.79
3.1
20
3.9
3
69
14
760
444
192
84
99
13
1.9
1,714

-------
                  Table 6
   Summary of Dioxin and Furan Data (Totals)
          for the Hot Spot Sediment
             (Third Pilot Study)
Total TCDD
Total PeCDD
Total-HxCDD
Total-HpCDD
OCDD
Total TCDF
Total PeCDF
Total-HxCDF
Total-HpCDF
OCDF
17
50
284
770
3,000
5,080
3,920
10,520
4,580
1,860
Total   PCDD/PCDF
30,081

-------
                   Table 7
Summary of Metals Data for the Hot Spot Sediment
              (Third Pilot Study)
*',<£m%Vftoe:?\\
"^..l.-V/"' ** ,L"
Aluminum
Antimony
Arsenic
Barium
Beryllium
Cadmium
Calcium
Chromium
Cobalt
Copper
Iron
Lead
Magnesium
Manganese
Mercury
Nickel
Potassium
Selenium
Silver
Sodium
Thallium
Vanadium
Zinc
:t^:Wtiauim*»'
&"?£0B&t&f$iQli ;#
13,300
2.9
10.2
145
0.49
13.4
5,910
295
7.3
656
21,200
550
6,980
200
0.87
56.7
3,040
2.4
2.5
12,200
ND
48.6
1,720
,l% moig&flfc^
f'; C$j*e*ii^&i&B^ ;N
17,200
8.7
14.4
221
0.55
17.0
8,960
366
9.3
861
28,000
632
9,210
243
3.6
73.7
3,950
3.6
4.4
16,900
0
69.2
2,130
:'i " h$*«*Be<"|
:; C^a<:eatr4tiOrt <"
15,658
5.1
11.9
159
0.51
15.1
7,275
330
8.3
762
25,533
600
8,278
223
1.3
64.6
3,458
3.0
3.2
14,083
ND
56.8
1,924
Results are reported in mg/kg
ND= Not Detected

-------

             Table 8
TCLP Results for Hot Spot Sediment
        (Third Pilot Study)

PCB
1,3-Dichlorobenzene
1,4-Dichlorobenzene
1,2,4-Trichlorobenzene
Phenanthrene
Fluoranthene
Pyrene
Arsenic
Barium
Cadmium
Chromium
Copper
Lead
Mercury
Selenium
Silver
Zinc

NC
NC
7,500
NC
NC
NC
NC
5,000
100,000
1,000
5,000
NC
5,000
200
1,000
5,000
NC

26.85
22
85
20
ND
ND
ND
22.4
352
18.0
21.2
50.8
472
ND
12.7
ND
8,260
NC No Criterion

-------
           Table 9
Chemical Specific ARARs and TBCs

Federal
Cancer Slope Factors (CSFs)
Reference Doses (RfDs)
Massachusetts

•





J5fiB^froMulffli!iiipBi

To Be
Considered
To Be
Considered


P-f©'.Vv3^
h&&^£&4&U*>£«A^^^^

These are guidance values used to evaluate the potential
carcinogenic hazard caused by exposure to
contaminants.
These are guidance values used to evaluate the potential
non-carcinogenic hazard caused by exposure to
contaminants.

There are no state chemical-specific ARARs. J
UrMdLi^^ wM&.

Operation and maintenance of the facility will minimize
exposure to potential receptors.
Operation and maintenance of the facility will minimize
exposure to potential receptors.



-------
           Table 10
Location Specific ARARs and TBCs
i. 	 , 	 ; 	
^•Trtv^riTW* '•"-""••"
If. . ....-., .Tf^fe'^tS^-rtini-rtl----!
Federal
Floodplain Management - Executive
Order 11 988
Fish and Wildlife Coordination Act
Coastal Zone Management Act
Massachusetts
Wetlands Protection Act
Coastal Zone Management
irHMtoii
^..Jzs; ,:,;;?,, -,.,•

40CFRPart6.
Appendix A
16 USC Part 661
et seq.; 40 CFR
6.302
16 USC Parts
1451 etseq.

131 MGL40;310
CMR 10.00
301CMR21.00
1 '•#?:!{!>•:
———g^^^^g^^

Applicable
Applicable
Applicable

Applicable
Applicable
I 'vt^niJ^-y-wit'^'AittiiVi'l.-;
f^^^^^^^^^^^^^^^^^^m^AkflMi^BMBliaMBAMK^BMMMr^aM^^^^^^^^^HI^^^^^RHH

Federal agencies are required to reduce the risk of flood
loss, minimize impact of floods, and restore and preserve
the natural and beneficial values of floodplains.
Requires consultation with appropriate agencies to protect
fish and wildlife when federal actions may alter waterways.
Must develop measures to prevent and mitigate potential
loss.
Requires that any actions must be conducted in a manner
consistent with state approved management programs.

These standards regulate the dredging, filling, altering, or
polluting of coastal and inland wetland resource areas.
Protected resource areas within and adjacent to the site
include: Land Subject to Coastal Storm Flowage (Sec.
10.02(l)(d)), Land Under Ocean (Sec. 10.25), Designated
Port Area (Sec. 10.26), Coastal Beaches (including tidal
flats)(Sec. 10.27), Coastal Bank (Sec. 10.30), and Land
Containing Shellfish (Sec. 10.34). There is a 100-foot
buffer zone landward of the Coastal Bank.
Requires that any actions must be conducted in a manner
consistent with state approved management programs.
1 /rt^iXVjfelJjrsjf'tl'Wisl^rViJ*:!!! ilt- :";'„• '


The facility lies within the 100-year coastal
floodplain. The potential effects of any action must
be evaluated to ensure that the planning and decision
making reflect consideration of flood hazards and
floodplain management, including restoration and
preservation of natural and beneficial values,
wherever feasible.
Appropriate agencies will be consulted prior to
implementation to find ways to minimize adverse
effects to fish and wildlife from facility operation
and maintenance.
The entire site is located in a coastal zone
management area, therefore applicable coastal zone
management requirements will be met

Operation and maintenance of the facility within the
100-year floodplain and the 100-foot buffer zone to
the coastal bank will comply with the substantive
requirements of the standards. Dewatering and
loading facilities will be protected from flooding.
The entire site is located in a coastal zone
management area, therefore substantive coastal zone
management requirements will be met

-------
                                                                   Table 10, Continued
                                                           Location Specific ARARs and TBCs
Waterways
310 CMR 9.00
Applicable
                                     i
Sets forth criteria for work within flowed and filled
tidelands. Waterways concerns focus on the long term
viability of marine uses and protecting public rights in
tidelands, including fishing and access.
                                                                                                             Actions within filled and flowed tidelands at the site
                                                                                                             will comply with the regulation's environmental
                                                                                                             standards.

-------
          Table II
Action Specific ARARs and TBCs
Federal
Toxic Substances Control
Act (TSCA), Disposal
Requirements- PCBs
Contaminated Dredged Spoil
TSCA PCB Storage
Regulations
ISCA PCB Storage
Regulations
TSCA PCB Storage
Regulations

15 USC 2601-
2692; 40 CFR
761.60(a)(5)
40 CFR
76l.65(a)
40 CFR
761.65(b)(l)
(i)
40 CFR
761.65(b)(l)
(H)

Applicable
r
Applicable
Applicable
Applicable
Dredged materials with PCBs at concentrations
greater than 50 ppm must be disposed of either
in an incinerator, or in a chemical waste landfill,
or, when the first 2 options are not reasonable
and appropriate, by a disposal method which
will protect health and the environment.
PCBs stored for disposal must be properly
disposed of within one-year of being placed in
storage. A one-year extension is granted upon
notification to the Regional Administrator.
Storage facilities must have adequate roof and
walls to prevent rainwater from reaching the
stored PCBs,
Storage facilities cannot have floor drains or
openings that would allow liquids to flow from
the storage area.
Sediments will be disposed of in a permitted II
TSCA facility.
If the remedy requires on-site storage of PCB
.contaminated material for more than one-vear
an extension will be required.
Present cover, if properly maintained, does
prevent rainwater from reaching the stored PCBs.
Rainwater that falls directly on Cell #1 may
require treatment if contamination occurs.
Cell #1 has two continuous, impermeable bottom
liners.

-------
   SCA PCB Storage
  Regulations
  rSCA PCB Storage
 ((Regulations
  TSCA PCB Commercial
  Storage Regulations
  TSCA PCB Commercial
  Storage Regulations
 TSCA PCB Spill Cleanup
  :iean Water Act (CWA),
 Section 402, National
([Pollutant Discharge
 Elimination System
li(NPDES)
    A, Section 402, NPDES,
  tohibitions
    40CFR
  761.65{b)(l)
      (iv)
    40CFR
  761.65(b)(l)
      (v)
    40CFR
 761.65(d)(2)
      (ii)
   40CFR
 761.65(d)(2)
     (vi)
   40CFR
761.120-.135
33 USC 1342;
 40CFR 122-
   125.131
   40CFR
   122.4(i)
  Applicable
  Applicable
Relevant and
 Appropriate
Relevant and
 Appropriate
Relevant and
Appropriate
                                                                  Table 11, Continued
                                                          Action Specific ARARs and TBCs
 Storage facilities must have floors and curbs
 made of smooth impervious material to prevent
 PCB penetration.
 Storage facilities must not be located below the
 100-year floodwater elevation.
     ^mn«»B«™—
 CDF facilities must possess the capacity to
 handle the maximum quantity of PCB waste tha
 will be handled at any one time.
 The operation of a commercial storage facility
 must not pose an unreasonable risk of injury to
 health or the environment.
 Applicable
 Establishes criteria to determine adequacy of the
 cleanup of spills (occurring after 5/4/87) from
 the release of materials with > 50 ppm PCBs.
Applicable
These standards govern discharge of water into
surface waters. Due to the degraded nature of
New Bedford Harbor waters, regulated
discharges into the waterway must meet ambient
water quality criteria (WQC) at the discharge
point.
Prohibition on new discharges into waters that
do not meet applicable water quality criteria
(WQC) gnless certain conditions are met.
^VK"IMMIMMMMM«i^^MM«MfcMU«itfififii£ifi^HSlXti^E^^^^^^^^^^^^E
Cell #1 has two liners made of HOPE which is
smooth and impermeable.
                                                           The CDF's top-of-berm elevation is two feet higher
                                                           than the 100-ycar flood elevation. If a dewatering
                                                           Utility is needed it will constructed so that it is
                                                           above the 100-year Hood elevation.
The CDF has the capacity to contain all of the
dredged hot spot sediments.
The cover for Cell #1 would have to be extended
 o overlap the cell walls to prevent persons from
falling in. Air, groundwater, and surface water
monitoring in the vicinity of the CDF will be
continued to verify protectivencss of controls until
all of the sediments are removed off-site.        >
                                                                                                      Although this policy is directed at electrical
                                                                                                       quipment-type spills, it will be considered to
                                                                                                       ddress any PCB leakage or spillage from the
                                                          Any drainage off the site which becomes
                                                           ontaminated by the stored sediments and any
                                                           >rocess or dewatering discharge will be treated by
                                                           lie on-site treatment plant and discharged to the
                                                           arbor. Ambient water quality criteria, particularly
                                                          for copper and PCBs, will be addressed through a
                                                          phased Total Maximum Daily Load (TMDL)
                                                           pproach
                                                            waiver will be sought for this provision since
                                                          ompliance would prevent cleanup of the site until
                                                           arbor waters either reach water quality standards
                                                          r until the other conditions in the regulation are
                                                          let. Neither of which can be accomplished in a
                                                           asonable time frame.

-------
     Table 11, Continued
Action Specific ARARs and TBCs
II 	 . — , 	 	
1 'MW&Mi? jl <£flfifitoi»
aeanAirAct(CAA),
National Emissions
Standards for Hazardous Air
Pollutants (NESHAPS)
Guidance on Remedial
Actions for Superfund Sites
with PCB Contamination
(OSWER Directive)
42 USC 7401
et seq.; 40 CFR
Part 61

I SiisluS» f !«*Li«<*«UM-%:iWj)&Ji | /&4lJ^Jy)jfc1j^ «
Applicable
To Be
Considered
NESHAPS are a set of emissions standards for
specific chemicals, including PCBs, from
specific production activities.
Describes the recommended approach for
evaluating and remediating CERCLA sites with
PCB contamination.
Monitoring of air emissions from the facility,
including from the dcwatcring process, wifl be
used to assess compliance with these standards.
Operation and maintenance activities will be
carried out in a manner which will minimize
This guidance will be considered when evaluating
PCB issues associated with removal, dewatering,
and offsite disposal of contaminated sediment.
s
Massachusetts
Hazardous Waste
Management - Identification
and Listing
Hazardous Waste
Management • Requirements
'or Generators of Hazardous
Waste
Hazardous Waste
Management - Management
Standards for all Hazardous
Waste Facilities
Supplemental Requirements
or Hazardous Waste
Management Facilities
21CMGL 4
and 6; 310
CMR 30.100
21CMGL4
and 6; 3 10
CMR 30.300
21CMGL4
and 6, 310
CMR 30.500
21MGL
27(1 2), 34 and
43; 3 14 CMR
8.00
Relevant and
Appropriate
Relevant and
Appropriate
Relevant and
Appropriate
Relevant and
Appropriate
Establishes standards for identifying and listing
hazardous waste.
Establishes standards for various classes of
generators.
Establishes standards for treatment, storage, and
disposal of hazardous waste, and establishes
standards for closure, post closure and ground
water monitoring. Sec. 30.501 (3)(a) exempts
facilities which treat, dispose or store hazardous
waste containing 50 ppm or more PCBs if they
are adequately regulated under TSCA, 40 CFR
761.
This regulation outlines the additional
requirements that must be satisfied in order for a
RCRA facility to comply with the NPDES
regulation.
Monitoring will assess whether hazardous wastes
are present in discharges or dewatering wastes
from the facility.
Any hazardous waste generated from the facility
will be managed in accordance with the
substantive requirements of these regulations.
Any non-PCB hazardous waste which is treated,
stored or disposed of at this facility as part of the
remedy will be managed in accordance with the
substantive requirements of this section.
The substantive requirements of these provisions
will be met.

-------
                                                                  Table 11, Continued
                                                          Action Specific ARARs and TBCs
   Surface Water Discharge
   21 MGL
23(12) and 34;
314 CMR 1.00
     7.00
 Applicable
  ((Surface Water Quality
   Standards
 27 MOL 27;
314 CMR 4.00
  Rules for the Prevention and
  Control of Oil Pollution in
  Ithe Waters of the
  ICommonwealth
   Massachusetts Water Quality
 ((Standards Implementation
 ([Polity of Toxic Pollutants in
  Surface Waters (2/23/90)
 21 MGL 26-
53; 314 CMR
   15.000
 ([Ambient Air Quality
  Standards
  Ur Pollution Control
         - Recommended
  hreshold Effect Exposure
JlLimits (TELs) and Allowable
 Ambient Limits (AALs)
 111 MGL
 142D;310
 CMR 6.00
 111  MGL
I42A-J.3IO
CMR 7.00
 Applicable
 Applicable
                  To Be
                Considered
Applicable
                                            Applicable
                 To Be
               Considered
                                                           This section outlines the requirements for
                                                           obtaining a National Pollutant Discharge
                                                           Elimination System (NPDES) permit in
                                                           Massachusetts. The waters of New Bedford
                                                           Harbor adjacent to the site are classified as SB.

                                                         Any drainage off the site which becomes
                                                        {contaminated by the stored sediments and the
                                                         water from dewatering will be treated by the on-
                                                         site treatment plant and discharged in accordance
                                                         with the substantive provisions of the regulations.
  vf ADEP surface water quality standards
 incorporate the federal AWQC as standards for
 surface waters of the state.  Standards establish
 acute and chronic effects on aquatic life for
 contaminants including PCBs, cadmium, copper,
 and lead.
                                                        I Ambient water quality criteria, particularly for
                                                        copper, will be addressed through a phased Total
                                                        Maximum Daily Load (TMDL) approach.
 Regulates the discharge of oil or sewage,        The remedy will comply with the substantive'
 industrial waste or other material containing oil  requirements of the provisions.
 into waters of the Commonwealth.

 Recommends surface water quality standards for
I en*i*iftjtsl SIAM »»*«!_.*_*._	•*..•     .  i
             specified contaminants and implementation to
             achieve standards.
               	—^•^•^^^^^^••^
Establishes ambient air level for contaminants
including PCBs and particulates.
            Standards for sources of emissions. Pollution
            abatement controls may be required.
                                            	----{••"••""•••Mtivii i/wiivjr oiiu auurupnHic
                                            standards will be considered for alternatives which
                                            impact surface water quality
Emissions from the CDF and the dewatering
facility will comply with these standards. Dust
suppression will be used to reduce paniculate
emissions.
Operation and maintenance of the CDF and the
dewatering facility will comply with the
.ubstantive requirements of these provisions.
            Establishes exposure concentrations for air
            contaminants developed and recommended by
            the Office of Research and Standards to protect
            public health.
                                           On-site containment and dewatering technologies
                                           having air emissions will consider the TELs and
                                           AALs.

-------
     Table 11, Continued
Action Specific ARARs and TBCs
•. M^tHfi«a^!M%: J ;;®teftb.tf •
,„'*.*>- ,x.,xV1**w^v^vi>^;V,,1':, -^;«i£#&tt iftwrfsttM^**^-'1'.^
DAQC Policy (90.001):
Allowable Sound Emissions
(2/1/90)
MA DEP - Assessment and
Control of Dioxin in
Massachusetts (10/31/91)


| •SUsBifr-
To Be
Considered
To Be
Considered
, 	 : 	 — 	 j, 	 , 	 _______
j ii%iU^uMf%iu|&iy . r &aiM» ]
Establishes guidelines where the source of new
noise should not emit more than 10 decibels '
above the existing (background) level.
Recommends revisions to Toxicity Equivalence
Factors (TEFs) for polychlorinated
dibenzodioxins (PCDDs) and dibenzofurans
(PCDFs) in air/emissions.
Site operations noise level will be niirnmJT^i md
will follow the suggested noise limit to the extent
practicable.
Alternatives with on-site sediment dewatering
technologies that potentially include air emissions
of PCDDs and PCDFs will consider the revised
TEFs for evaluating the toxicity of these air
emissions.

-------
       Appendix A - Responsiveness Summary

        New Bedford Harbor Superfund Site
Amended Record of Decision for the Hot Spot Sediments

-------

-------
 1.0    INTRODUCTION
       This responsiveness summary summarizes and provides EPA's responses to formal
 comments regarding the Proposed Plan to amend the 1990 cleanup plan for the New Bedford
 Harbor Hot Spot Sediments.  These comments were received during the period August 27-
 September 25, 1998. The comments and responses are organized into the following categories.
       Section                   Type of Comment
Page
        2.1                      Citizen                                       A-l
        2-2                      Local Government                             A-7
        2-3                      State Government                             A-8
        2-4                      Congressional                                 A-9
        2.5                      AVX Corporation                             A-10
2.0    SUMMARY OF COMMENTS RECEIVED DURING THE AUGUST 27-
       SEPTEMBER 25,1998 PUBLIC COMMENT PERIOD
2.1    Citizen Comments

2.1.1   Mr. Barrett:

       Mr. Barrett supports the Proposed Plan. He commented that in his opinion off-site
landfllling would be the fastest, the safest and the most economical way to dispose of the
Hot Spot sediments. However, he commented further that the off-site landfill chosen
should not necessarily be the least expensive, but, the most secluded site and the least likely
to cause any damage to the environment  He also commented that he believes transport by
rail will be the safest and less likeliness for accidents that endanger public safety.

EPA Response:

       The selection of an off-site landfill will be based on a competitive bidding process which
involves an evaluation of the off-site transportation and disposal proposals received from various
Offerers during that competitive bidding process.  Price is one of five criteria which will be used
to evaluate the various proposals.  The other four criteria are: technical approach; relevant
experience; management approach; and available resources. Lowest price does not guarantee
award of the off-site disposal contract.
                                        A-l

-------
       The selection of the off-site landfill must be done in accordance with EPA Off-site Rule
which became effective on October 22, 1993. The purpose of the Off-site Rule is to ensure that
wastes shipped off-site from Superfund clean-ups are sent to environmentally sound waste
management facilities. The rule describes the criteria that off-site waste management facilities
must meet when taking waste from Superfund sites and the procedures that EPA must follow
when making determinations on the acceptability of these facilities. Any facility which meets
the requirements of the Off-site rule is acceptable to EPA. A requirement that the site be the
most secluded site is not a criteria under the Off-site Rule.

       EPA appreciates your concern over the possibility of an accident occurring while
transporting the hot spot sediments to a landfill. EPA believes that both trucking and rail are safe
means of transporting the dewatered Hot Spot sediments to a landfill.  Traffic accidents
involving hazardous waste transportation are very rare events.

2.1.2   Ms. Jacobsen:

       Ms. Jacobsen supports the Proposed Plan. She commented that she is very happy
that the situation is finally being addressed and resolved.

EPA Response:

       The EPA appreciates your support for the Proposed Plan.

2.1.3   Ms. Kirk

       Ms Kirk commented that as a member of Concerned Parents of Fairhaven and the
New Bedford Harbor Superfund Site Community Forum (Forum) she is disappointed and
opposes the Proposed Plan. She commented further that in 1993, community groups
wanted EPA to find an innovative, non-incineration PCB destruction technology that could
be used on-site and that landfilling was not an alternative favored by the community
groups. She discussed the creation of the Forum and the results of innovative technology
pilot scale testing performed by EPA at the New Bedford Harbor site which concluded that
there were innovative technologies that could be safely used on-site at full scale.  Ms Kirk
concluded her comments with the following:

       "In conclusion, I am disappointed in the decision of the majority of the Forum
       members to off-site landfill. In my mind, landfill does not treat or destroy. The hot
       spot sediments will be buried forever. To send it an off-site facility adds insult to
       injury. It simply sends a problem created in New Bedford to another community.
       Off-site landfill goes against our mission since the  beginning and we demonstrated
       that there are alternative, innovative technologies that could have been chosen that
       could have destroyed PCB's and been safe for human health and the environment.
       It was a rushed decision, with a lot of misinformation and fear fed to a community

                                         A-2

-------
       about health and safety issues that were resolved long before. The neighborhood
       that came to these last meetings was not involved from the beginning and was not
       part of our learning process. Off-site landfilling will move the problem but does not
       solve the problem."

EPA Response

       EPA agrees that the results of pilot scale studies of innovative treatment technologies did
show that there are non-incineration destruction technologies which EPA believes could be
safely implemented on-site to destroy the PCB-contaminated hot spot sediments.  Although EPA
is also disappointed that a treatment alternative which is acceptable to the community could not
be found, we do believe that the off-site landfilling alternative does provide the beast balance
among the nine NCP remedy selection criteria. EPA's rationale for selecting the off-site
landfilling alternative, using the NCP criteria, is provided on page 6 of the August 1998
Proposed Plan.

2.1.4  Mr. Kopcych

       Mr. Kopcych commented at the public hearing that he is in favor of dewatering the
sediments, placing them in sealed  containers and transporting them off-site. He
commented further that he would like to see the dewatered sediments taken over to the
New Bedford rail yard which he said the city owns and which is also contaminated with
PCB's. He would like the sediment to be shipped out of the city by rail from the New
Bedford rail yard. He believes the city is allowed to charge a tipping fee, which would
assists them in cleaning up the PCB contamination at the rail yard.

EPA Response

       As discussed in EPA's response to Mr. Barrett's comments above, the transportation
component of the Proposed Plan will be determined as part of a competitive bidding process.
EPA has no objection to bidders including the use of the New Bedford rail yard in their proposals
provided that it can be demonstrated that the rail yard is an approved facility in compliance with
all appropriate local and state regulations.

2.1.5  Mr. Lapointe

       Mr. Lapointe provided verbal comments at the public hearing.  Mr Lapointe's
comments appear to support the proposed plan.  He stated:

       "I wish they would just take it out of the site, bring it to wherever they bring it. Just
       don't burn it  Dioxin scares me."

EPA Response

                                         A-3

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       EPA appreciates your support for the Proposed Plan. The Proposed Plan does not include
 burning the Hot Spot sediments.  The sediments will be transported to a TSCA permitted
 chemical waste landfill.

 2.1.6  Mr.Nadeau

       Mr. Nadeau provided verbal comments at the public hearing.  Mr. Nadeau's
 supports the proposed plan.  However, he did not believe that the hearing was adequately
 publicized. He stated that his name is on the mailing list, but, he never received a letter
 notifying him of the public hearing.

 EPA Response

       EPA is disappointed to hear that you did not receive notice of the public informational
 meeting and hearing.  EPA sent out notices to over 800 people, advertised the meeting in the
 local paper and sent out press releases to local radio stations. We will make sure that you are on
 our mailing list and receive all future planned mailings and notices of any future public hearings.


 2.1.7  Mr. Rusinoski

       Mr. Rusinoski provided  oral comments at the public hearing and written comments
 in a letter dated September 14,1998. Mr. Rusinoski does not agree with EPA's Proposed
 Plan. Mr. Rusinoski believes a  better approach is to deposit the Hot Spot sediments in a
 lined cofferdam which  could be used in the construction of a pier or wharf north and east
 of Fairhaven Hardware, on the  New Bedford and Fairhaven bridge.

EPA Response

       EPA believes that transporting the Hot Spot sediments to  an off-site landfill provides
greater long-term protection of human health and the environment than the approach suggested
by Mr. Rusinoski.  Although the construction of a pier or a wharf was not discussed with the
Forum and the community, on-site containment  was discussed and is one of the alternatives that
EPA evaluated hi the December 1997 Hot Spot  Feasibility Study Addendum Report. On-site
containment is not acceptable to the Forum and  the majority of public comments received
support off-site landfilling.

2.1.8  Ms. Sanz

       Ms. Sanz submitted written comments in a letter to EPA dated September 23,1998.
She stated:

       "As a citizen member of the New Bedford Harbor Superfund Community Forum, I

                                        A-4

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        am extremely disappointed in the Forum's recommendation to the EPA  The
        Forum followed the process we all agreed upon to find a technology, alternative to
        on-site incineration, which would clean up the hot spot material stored in a CDF
        Viable alternatives were found after lengthy and costly treatability studies. But at
        the very last moment and after no study of landfill, the majority decision was to
        recommend landfill, a decision, I believe, that was forced by the political motives of
        some members of the Forum.

        The Forum process worked in general, and my hope now is that what was learned
        from both the process and the technology studies will be applied to other Superfund
        sites across the country."

 EPA Response

        As stated above in EPA's response to Ms. Kirk's comments, we are also disappointed
 that we could not find a on-site treatment technology that is acceptable to the community  EPA
 does not agree wtth the comment that landfilling received no study.  The Proposed Plan off-site
 landfiUing, was evaluated in the December 1997 Feasibility Study Addendum Report and
 discussed and compared against the other alternatives at several of the  Forum meetings.

 2.1.9   Mr. Simmons

        Mr. Simmons provided oral comments and submitted written comments at the
 public hearing. He read a comment letter-submitted by a Mr. Barret A summary of Mr
 Barret  s comments and EPA's response is provided above in section 2.1.1. Mr. Simmons'
 also read a comment letter sobmitted by a Ms. And Mr. Sylvia. A summary of Ms. And
 Mr. Sylvia s comments and EPA's response is provided below in section 2.1.11  Mr
 Simons provided comments on behalf of Hands Across the River Coalition. Hands Across
 the River is generally supportive of the Proposed Plan.  But, they request that the
 sediments be transported out of New Bedford via rail utilizing the New Bedford rail yard
 and that the sediments be transported to a landfill in the state of Nevada. He also stated
 that:

      "I think in my opinion, aside from Hands Across the River, that everything that
      we've looked at, the safest, fastest, cheapest, best way to go would be by rail to a
      desert facility to get this stuff out of here as fast as possible.  And I also think in my
      opinion if that is done that Phase H would move a lot faster and we might find
      something out from this endeavor that might help us in Phase H."

EPA Response

 r+u  JPA^aPPreciatesyoursuPP°rtfor the Proposed Plan. Your comments regarding the use
of the New Bedford rail yard and the location of the off-site landfill are addressed in EPA's
                                       A-5

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response to Mr. Barrett's and Mr. Kopcych's comments. In summary, the means of
transportation and the location of the off-site landfill will be decided during the competitive
bidding process.

2.1.10 Ms. Sousa

       Ms. Sousa provided oral comments at the public hearing. Ms. Souza expressed no
objections to the Proposed Plan. Ms. Sousa's congratulated the EPA and the Forum for
their efforts.  She stated:

       "There are many years and much to do ahead of us, but we as a community of
       Southeastern Massachusetts have spoken to the government and the government
       has listened to us.  Thank you."

EPA Response

       EPA appreciates your support for the Proposed Plan.

2.1.11  Mr. Sylvia

       Mr. Sylvia provided oral comments and a comment letter (presented by Mr.
Simmons) at the public hearing. Mr. Sylvia's oral comments support the Proposed Plan.
He prefers that the sediments be transported by rail to Nevada. Mr. Sylvia's written
comments also support the Proposed Plan and his letter included a petition signed by over
400 people. The petition reads:

       "The undersigned  respectfully asks that the New Bedford Harbor-Superfund
       Forum members recommend that the contaminated soils at the Sawyer St. site be
       dewatered and the remaining sediment be transported by rail to a permitted landfill
       as far from New Bedford as possible, and that the clean-up of the railroad terminal
       in New Bedford proceed in conjunction with this remedy."

EPA Response

       The EPA appreciates your support for the Proposed Plan. Your comment regarding
transportation by rail is addressed in EPA's response to Mr. Barrett's, Mr. Kopcych's, and Mr.
Simmons' comments. The New Bedford railroad terminal is not part of the New Bedford Harbor
Superfund Site and is being addressed by the Massachusetts Department of Environmental
Protection under State cleanup standards.
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 2.2    Local Government Comments

 2.2.1  Mayor Kalisz,  Mayor of New Bedford

       Mayor Kalisz submitted a letter dated September 22,19998 which supports the
 Proposed Plan. In his letter he also stated that EPA should carefully consider the
 feasibility of shipping these sediments via rail from the City to the off-site disposal location.
 He also asks that the EPA, through all means possible, make every effort to employ local
 businesses and residents on this, and all future cleanup efforts in New Bedford. There is a
 skilled workforce in New Bedford, and there are local businesses that could aid in this
 process.

 EPA Response

       EPA appreciates Mayor Kalisz's support for the Proposed Plan. Your comments
 regarding the use of the New Bedford rail yard is addressed in EPA's response to Mr. Barrett's
 and Mr. Kopcych's comments.  In summary, the means of transportation and the location of the
 off-site landfill will be decided during the competitive bidding process.

       EPA supports the goal of using local labor to the maximum extent practicable.  EPA will
 not be directly responsible for hiring during the cleanup. However, we will continue to work with
 the U.S. Army Corps of Engineers, their contractors and the City toward the goal of using local
 labor. EPA has asked the City council to provide us with a list of local contractors that could
 possibly be used during the harbor cleanup. Contractors on this list may be notified by the Corps
 of Engineers and their contractors of job opportunities during the harbor cleanup.


 2.2.2  Councilman Rogers, New Bedford

       Councilman Rogers provided oral comments at the public hearing. Councilman
 Rogers "wholeheartedly" endorses the Proposed Plan. Councilman Rogers encourage
 EPA to use local labor and if possible ship the material out of New Bedford by rail.
 Councilman Rogers also recommends that a location remote to any community be chosen
 as the off-site disposal location and suggests that a Nevada  landfill be selected.

EPA Response

      EPA appreciates Councilman Roger's support for the Proposed Plan.  EPA supports the
goal of using local labor to the maximum extent practicable. EPA will not be directly
responsible for hiring during the cleanup. However, we will continue to work with the U.S.
Army Corps  of Engineers, their contractors and the City toward the goal of using local labor.
EPA has asked the City council to provide us with a list of local contractors that could possibly
be used during the harbor cleanup. Contractors on this list may be notified by the Corps of

                                        A-7

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Engineers and their contractors of job opportunities during the harbor cleanup.

       Your comments regarding the use of the New Bedford rail yard is addressed in EPA's
response to Mr. Barrett's and Mr. Kopcych's comments.  In summary, the means of
transportation and the location of the off-site landfill will be decided during the competitive
bidding process.
2.3    State Government Comments

2.3.1   Commonwealth of Massachusetts, Executive Office of Environmental Affairs,
       Department of Environmental Protection

       The Commonwealth submitted written comments on the Proposed Plan in a letter
dated September 24,1998. The Commonwealth reserves its concurrence of the amended
Record of Decision until all public comments have been received and reviewed.  However,
the DEP has the following comments on the Proposed Plan.

       1. The DEP appreciates the EPA's efforts in participating in the New Bedford
Harbor Community Forum in an attempt to gain a consensus on the final resolution for the
Hot Spot sediments. Both the DEP and EPA reached basically the same conclusion
regarding a preference for treatment of the Hot Spot material.  However, the Forum's
consensus was the off-site landfilling alternative in the Proposed Plan. The DEP will accept
this alternative pending review of the comments received during the comment period.

       2. While the DEP will support the off-site landfilling option, if supported by the
public, it is disappointing that a treatment option was not selected.  Both conventional and
innovative destruction technologies are readily available and were reviewed by the Forum.
While the difficulties in treatment of all the contamination at the Site are insurmountable,
the original intent of having the Hot Spot Operable unit was to treat the most highly
contaminated material. The Hot Spot contains about 45% of the total PCBs at the Site in
about 15,000 cubic yards of highly contaminated sediment It is the DEP's opinion that
there are on-site and off-site treatment options that can be implemented in a manner
protective of both human health and the environment which would result in destruction of
the PCBs and therefore a better long term outcome.

EPA Response

       The EPA appreciates and agrees with DEP's comments. We also believe that an on-site
treatment option could have been safely implemented.
                                       A-8

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 2.4    Congressional Comments

 2.4.1  Congressman Frank

       Congressman Frank prepared written comments dated September 16,1998 which
 were read by Ms. Elsie Sousa at the public hearing. Congressman Frank's comments are
 as follows:

 First:
       Concerning the clean up alternatives for the Hot Spot sediments, I support the
 proposed changes to the 1990 clean up plan which were generated by discussions in the
 Forum.

 EPA Response:

       EPA appreciates Congressman Frank"s support for the Proposed Plan.

 Second:
       It is my very strong belief that it is in the best interests of the harbor, and of the
 community as a whole, for the Record of Decision on Phase H of the Clean Up be expedited,
 so that it is published  as quickly as is allowable.

 EPA Response

       The Record of Decision on Phase II was signed on September 25, 1998.

 Third:
       I want to take this opportunity to state that I support the linkage of navigational
 dredging with Superfund dredging wherever possible.

EPA Response:

       EPA also supports the linkage of navigational dredging with Superfund dredging
wherever possible. EPA will cooperate with the Commonwealth of Massachusetts and the City
of New Bedford in its efforts to implement an effective and timely navigational dredging
program. It should be noted that the opportunities for linkage exists with the Phase II cleanup,
not the Hot Spot cleanup.

Finally:
       I strongly support the development of a more comprehensive process for ensuring
that local residents receive hiring preference over non local residents for jobs created as a
result of the dean up.

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EPA Response

       EPA supports the goal of using local labor to the maximum extent practicable. EPA will
not be directly responsible for hiring during the cleanup. However, we will continue to work with
the U.S. Army Corps of Engineers, their contractors and the City toward the goal of using local
labor. EPA has asked the City council to provide us with a list of local contractors that could
possibly be used during the harbor cleanup. Contractors on this list may be notified by the Corps
of Engineers and their contractors of job opportunities during the harbor cleanup
2.5    AVX Corporation's Comments

       AVX Corporation, one of the settling parties involved in Site-related litigation, submitted
written comments in a letter to EPA dated September 25, 1998. The AVX comments consisted
of four parts: Part I is titled "Consent Decree Reopeners Are Not Available"; Part II is titled "The
Proposed ROD Amendment's Cleanup Plan Is Likely to Cost More and Take Longer Than Now
Estimated"; Part III is titled "The Proposed ROD Amendment Fails to Evaluate Comparative
Risk"; and Part IV is titled "Now Is the Time for EPA to Learn From the OU1  Experience and
Reconsider the Plan for the Rest of the New Bedford Harbor."

       AVX requested that their comments be included in the Administrative Record for both
OU1 and OU2. EPA will include these comments in the Administrative Record for the Hot Spot
Operable Unit (OU2). However, since these comments were received long after the public
comment period for OU1  ended, they will not be added to the OU1 Administrative Record.

2.5.1   Part I (Consent Decree Reopeners Are Not Available)

AVX Comment #1

       The definition of "Remedial Costs" in the Consent Decree entered by the United
States District Court for the District of Massachusetts in Civil Action No.  83-3882-Y
excludes "any increase in costs resulting from any amendments to the RODS" for the first
and second operable units at the New Bedford Harbor Site. AVX believes that they should
not be subject to any future efforts to seek additional reimbursement of costs for this
Amended ROD.

EPA Response

       While EPA understands AVX's concern about future government demands for
reimbursement for costs associated with this Amendment to the Hot Spot Rod, this document is
not the forum for interpreting the provisions of the Consent Decree.  The remedy selection
process is based on the nine criteria of the NCP, one of which is a consideration of the cost of the
remedy. However, the source of funding for the remedy is not part of the cost criteria.

                                       A-10

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 2.5.2  Part II (The Proposed ROD Amendment's Cleanup Plan Is likely to Cost More and Take
        Longer Than Now Estimated)

 AVX Comment #1

        EPA has consistently underestimated the costs and time required to implement the
 work at the New Bedford Harbor Superfund Site.

 EPA Response

        AVX claims that EPA spent $33,700,000 on dredging.  The costs which EPA incurred
 were for much more than dredging the Hot Spot sediments. EPA incurred costs associated with
 the design of the entire remedy including dredging and incineration of the sediments, all site
 upgrades in preparation of dredging and incineration, award and subsequent cancellation of the
 remedial action contract for incineration, construction and operation of the waste water treatment
 plant, modifications to the CDF for interim storage of the Hot Spot sediments, dredging of the
 sediments, environmental monitoring during dredging, and continued operations and
 maintenance of the Sawyer Street CDF since 1995.  EPA admits that the number of days to
 dredge the sediments were significantly greater than originally estimated and the total project
 costs were also significantly greater than originally estimated.   As AVX pointed out, the
 intended accuracy of EPA's original estimate was +50%/-30%,  which means that the'original
 estimate could be low by as much as 50%. A significant portion of the total project delays and
 increased costs were due to delays associated with the pos^RODf congressionally supported
 public opposition to the incineration component of the original remedy.  This public opposition
 could not have been predicted at the time the ROD was released in 1990.

 AVX Comment #2

       EPA's present selection of a comparatively low cost remedial option for OU1
 suggests an effort to avoid unnecessary costs and to limit the grossly protracted schedule,
 but AVX's and the public's confidence in EPA was long ago lost due to the indefensible
 escalation of costs, extension of time and erratic remedy selection process. AVX believes
 that EPA's track record at the New Bedford Harbor Superfund Site strongly suggests the
 great likelihood of further cost increases and scheduling extensions, which EPA should
 consider now, rather than later.

EPA Response

      EPA's selection of off-site landfilling was based on a comparative analysis of eleven
remedial options using the nine NCP criteria.  Cost was only one of the nine NCP criteria.
EPA's rationale for selecting the off-ste landfilling option was presented in the August 1998
Proposed Plan. Off-site landfilling was also the consensus decision of the Community Forum
which was established in late 1993 to help regain the public's trust. The EPA is confident in the

                                        A-ll

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public's support for the Proposed Plan and EPA is confident that off-site landfilling can be
completed in the two year estimate and that the cost estimate is within the +50%/-30% range.

2.5.3   Part III (The Proposed ROD Amendment Fails to Evaluate Comparative Risk)

       AVX commented that it appears that EPA's Hot Spot Feasibility Study Addendum
(December 1997) does not include an evaluation of the risk associated with implementation
of the Proposed ROD Amendment, i.e., transporting the Hot Spot sediments off site and
placing them in a landfill. AVX commented further that since trucks will be operating in
an urban environment for at least two years and driving collectively thousands of miles
over public highways, and since large volumes of contaminated sediments will be placed in
a landfill, it is extremely important to evaluate the incremental risk to the public. It could
be that the risk to the public from these relatively risky operations would exceed the risks
associated with leaving the Hot Spot sediments in place.

EPA Response

       EPA discussed the risks associated with the Proposed ROD Amendment in Section 6.2.10
of the December 1997 Hot Spot Feasibility Study Addendum and in the August 1998 Proposed
Plan.

       The off-site transportation of dewatered sediments may be accomplished using trucks or a
combination of trucks and rail. It has been approximated that seven trucks per day, five days per
week will enter and leave the site for a period of six months to a year, not two years. EPA does
not consider of transportation of the dewatered Hot Spot sediment via truck or rail and disposal
in a TSCA permitted chemical waste landfill to be relatively risky operations. These activities
are routine. EPA believes that the continued storage of the Hot Spot sediments in the Sawyer
Street CDF will pose a greater potential future risk to the public health and the environment than
any risk associated with off-site transportation and disposal.

2.5.4   Part IV (Now Is the Time for EPA to Learn From the OU1 Experience and Reconsider
       the Plan for the Rest of the New Bedford Harbor)

       AVX's comments in this section appear to be primarily focused  on EPA's cleanup
plan for the Upper and Lower  Harbor Operable Unit, not the Hot Spot Operable Unit.
AVX refers to the plan for the  rest of the harbor as OU2. For the record, the Hot Spot
Operable Unit is OU2 and the Upper and Lower Harbor Operable Unit is OU1. AVX
commented that in its selection of the OU2 remedy (actually  OU1, see preceding sentence)
should not repeat the errors made patent by the Hot Spot remedy and  its selection
(including its modification and amendment).
                                        A-12

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EPA Response

      AVX had ample opportunity to comment on the Upper and Lower Harbor cleanup plan
during the formal public comment period for that operable unit and, in fact, did submit many
comments to EPA during the Upper and Lower Harbor comment period. EPA will not respond
to these comments to the OU1 cleanup plan in this OU2 Responsiveness Summary.
                                      A-13

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      Appendix B - Administrative Record Index

        New Bedford Harbor Superfund Site
Amended Record of Decision for the Hot Spot Sediments

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  New Bedford Harbor
Hot Spot Operable Unit
           NPL Site
      Administrative Record
for the Amended Record of Decision

            Index
     Compiled: April 22, 1999
          Prepared by
        EPA New England
Office of Site Remediation & Restoration
       With Assistance from
             ads
      2070 Chain Bridge Road
        Vienna, VA 22182

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                                     Introduction
       This document is the Index to the Administrative Record for the Amended Record of
Decision at the New Bedford Harbor Superfund Site Hot Spot Operable Unit. The citations in the
Index are for those documents that EPA relied upon in selecting a response action at the Site. Site-
specific documents are cited in Section I of the Index, and EPA guidance documents are cited in
Section II.  Documents cited in Section I of the Index are ordered by the Documents Number that
appears at the end of each citation.

       The Administrative Record is available for public review at the EPA Region I Superfund
Records Center, One Congress Street, Boston, MA 02114 [(617) 918-1440], and Wilkes Library
1911 Acushnet Avenue, New Bedford, MA 02740. Please note that this Administrative Record also
includes documents from Administrative Records for this Site that were issued on April 6, 1990
April 27, 1992,  October 30, 1995 and September 25, 1998.  EPA guidance documents  cited in
Section II are available for review only at the EPA Region I Superfund Records Center.  The Staff
of the EPA Region I Superfund Records Center recommends that you set up an appointment prior
to your visit.

       Questions concerning the Administrative Record should be addressed to the Project Manager
for the New Bedford Harbor Superfund Site Hot Spot Operable Unit.

       An Administrative Record is required by.the Comprehensive Environmental Response
Compensation and Liability Act  (CERCLA),  as amended by the  Superfund Amendments and
Reauthorization Act (SARA).

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page     l
04.01   FEASIBILITY STUDY - CORRESPONDENCE
        Title:
        Addressee:

        Authors:
        Date:
        Format:
        AR No.
        Title:
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
        Title:

        Addressee:
       •Authors:

        Date:
        Format:
        AR No.
        Title:

        Addressee:
        Authors:

        Date:
        Format:
        AR No.
Concerning Approval  to Dispose  PCBs.
DR. NEIL  L.  DROBNY -  COMMODORE  REMEDIATION
TECHNOLOGIES,  INC.
JOHN W. MELONE -  EPA-HEADQUARTERS
March  7, 1996
LETTER                       No. Pgs.   5
04.01.1                      Document  No.   000064
Request from Molten Metal  Technology to Deploy	
its Catalytic Extraction Processing  System in
Order to Process  PCB Sediment.
THEODORE NIXON -  EBASCO SERVICES  INC
VICTOR GATTO - MOLTEN METAL TECHNOLOGY  INC
March  8, 1996
LETTER                       No.  pgs.   ^
04.01.2                      Document No.   000135
Letter Concerning the Shipment of a  Few Gallons
of Sediment to Commodore's Ohio Facility
DAVE DICKERSON - EPA - REGION I
O.M. JONES, JR. - COMMODORE SOLUTION
TECHNOLOGIES, INC.
November . 1, -1996
LETTER                       NO. Pgs:   5
04.01.3                      Document No.   000134
Recommendation That a New Commodore Technology Be
Used to Treat Hot Spot Sediments.
DAVE DICKERSON - EPA - REGION I
O.M. JONES, JR. - COMMODORE SOLUTION
TECHNOLOGIES, INC.
November 15, 1996
LETTER                       No. Pgs:  1
04.01.4                      Document No.   000110

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page     2
Title:      Conditional Approval to Commodore to Address
            Untreated Sediment from the Hot Spot Confined
            Disposal Facility.
Addressee:  O.M. JONES, JR. - COMMODORE SOLUTION
            TECHNOLOGIES, INC.
Authors:    DAVE DICKERSON - EPA - REGION I
Date:       January 24, 1997
Format:     LETTER                       No. Pgs:  1
AR No.      04.01.5                      Document No.  000109

Title:Authorization to Commodore to Use Its
            Ultrafiltration Unit.
Addressee:  DR. NEIL L. DROBNY - COMMODORE REMEDIATION
            TECHNOLOGIES, INC.
Authors:    JOHN W. MELONS - EPA-HEADQUARTERS
Date:       June  9, 1997
Format:     LETTER                       No. Pgs:  14
AR No.      04.01.6                      Document No.  000108

Title:Discussion of SET Process and Its Ability to
            Remediate Contaminated New Bedford Harbor
            Sediments.
Addressee:  NEW BEDFORD HARBOR SUPERFUND FORUM
Authors:    PAUL E. HANNESSON - COMMODORE SOLUTION
            TECHNOLOGIES, INC.
Date:       October 15, 1997
Format:     LETTER                       No. Pgs:  1
AR No.      04.01.7   .                   Document No.  000107

Title:Issues Concerning ETHEC's Process for On-Site
            Remediation of Contaminated New Bedford Harbor
            Sediments.
Addressee:  JIM BROWN - EPA - REGION I
Authors:    WILL N. CLURMAN, ALEXANDER GURFINKEL - ETHEC,
            INC.
Date:       January  9, 1998
Format:     LETTER                       No. Pgs:  1
AR No.      04.01.8                      Document No.  000106

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                       ADMINISTRATIVE  RECORD INDEX
                            NEW BEDFORD  HARBOR
                          HOT SPOT OPERABLE  UNIT
                                             04/23/99
                                           Page     3
        Title:      Retention of One of  Four  Drums  of  New Bedford
                    Harbor Sludge by Commodore.
        Addressee:  JIM BROWN - EPA - REGION  I
        Authors:    GLEN JONES - COMMODORE  SOLUTION TECHNOLOGIES
                    INC.
        Date:       March 10, 1998
        Format:     LETTER                        No. pgs.   j_
        AR No.      04.01.9                       Document No.   000105

        Title:Commodore's PCB Permits."
        Addressee:  HARLEY LAING - EPA - REGION  I
        Authors:    RAYBURN HANZLIK - COMMODORE  SOLUTION
                    TECHNOLOGIES, INC.
        Date:       May 21, 1998
        Format:     LETTER       "                 No. Pgs:   3
        AR No.      04.01.10                      Document  No.   000063
        Title:

        Addressee

        Authors:
        Date:
        Format:
        AR No.
Authorization to Destroy Waste Oils Containing
PCBs.
VINCE VALERI - COMMODORE APPLIED TECHNOLOGIES
INC.
JOHN W. MELONE - EPA-HEADQUARTERS
May 29, 1998
LETTER                       No. Pgs:  38
04.01.11                     Document No.  000062
        Title:

        Addressee;
        Authors:
        Date:
        Format:
        AR No.
Certificate of Destruction Regarding Three of
Four Drums of New Bedford Harbor Sludge.
JIM BROWN - EPA - REGION I
GLEN JONES - COMMODORE APPLIED TECHNOLOGIES, INC
June 23, 1998
LETTER                       No. Pgs:  9
04.01.12                     Document No.  000061
04.03   FEASIBILITY STUDY - SCOPES OF WORK
        Title:

        Addressee:
        Authors:
        Date:
        Format:
        AR No.
New Bedford Harbor Treatability Study Scope of
WO2TJC .
KATHLEEN HUNT
DAVE DICKERSON - EPA - REGION I
January 1995
REPORT, STUDY                No. Pgs:  19
04.03.1                      Document No.  000184

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page     4
04.04   FEASIBILITY STUDY - INTERIM DELIVERABLES
        Title:
        Addressee;
        Authors:
        Date:
        Format:
        AR No.
        Title:
        Addressee:
        Authors:

        Date:
        Format:
        AR No.
Draft Work Plan, New Bedford Harbor RI/FS, Hot
Spot Sediment Treatability Studies, New Bedford,
Massachusetts.
EPA - REGION I
EBASCO SERVICES INC
February 1995
REPORT, STUDY                No. Pgs:  153
04-04.1                      Document No.  000111
Massachusetts Department of Environmental
Protection Review of Draft Work Plan -
Treatability Studies.
DAVE D1CKERSON - EPA - REGION I
JAY NAPARSTEK - MA DEPT OF ENVIRONMENTAL
PROTECTION
February 24, 1995
LETTER                       No. Pgs:  4
04.04.2                      Document No.
                                                               000185
        Title:Draft Field Operations Plan - Pilot Scale
                    Treatability Studies (Vol. I - Overall Pilot
                    Scale Test Program.)
        Addressee:   FOSTER WHEELER ENVIRONMENTAL CORPORATION
        Authors:     EBASCO SERVICES INC
        Date:       March 1996
        Format:      REPORT, STUDY                No. Pgs:  73
        AR No.       04.04.3                      Document No.  000099

        Title:Draft Field Operations Plan - Pilot Scale
                    Treatability Studies (Vol. II - Ionics RCC
                    Detailed Demonstration Plan.)
        Addressee:   FOSTER WHEELER ENVIRONMENTAL CORPORATION
        Authors:     EBASCO SERVICES INC
        Date:       March 1996
        Format:      REPORT, STUDY                No. Pgs:  111
        AR No.       04.04.4                      Document No.  000100

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page     5
Title:      Review Draft - Field Operations Plan - Pilot
            Scale Treatability Studies -  (Volume II of V -
            Ionics RCC Detailed Demonstration Plan.
Authors:    FOSTER WHEELER ENVIRONMENTAL CORPORATION
Date:       May 1996
Format:     REPORT, STUDY                No. Pgs:  168
AR No.      04.04.5                      Document No.  000101

Title:Site Specific Safety & Health Plan - Pilot-Scale
            Treatability Studies - (Vol. V of V - Overall
            Pilot-Scale Test Program.)
Authors:    FOSTER WHEELER ENVIRONMENTAL CORPORATION
Date:      ' May 1996
Format:     REPORT, STUDY                No. Pgs:  247
AR No.      04.04.6                      Document No.  000102

Title:Field Laboratory Technical Systems Audit Report.
Addressee:  DAVE DICKERSON - EPA - REGION I
Authors:    ANN JEFFERIES, NORA CONLON - EPA-ENVIRO
            MEASUREMENT & EVALUATION
Date:       June 21, 1996
Format:     MEMORANDUM                   No. Pgs:  4
AR No.      04.04.7                      Document No.  000160

Title:Field Operations Plan - Pilot Scale Treatability
            Studies - (Vol. Ill of V  - Geosafe Detailed
            Demonstration Plan.)
Authors:    FOSTER WHEELER ENVIRONMENTAL CORPORATION
Date:       July 1996
Format:  .   REPORT, STUDY                No. Pgs:  431
AR No.      04.04.8                      Document No.  000104

Title:      Comments on the Draft Volume III of the New
            Bedford Hot Spot Treatability Study Field
            Operations Plan.
Addressee:  ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    ROBERT G. CIANCIARULO - EPA - REGION I
Date:       July 11, 1996
Format:     LETTER                       No. Pgs:  18
AR No.      04.04.9                      Document No.  000159

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page     6
Title:      New Bedford Risk Assessment.
Addressee:  NEW BEDFORD ARCS PERSONNEL
Authors:    PETER W. VERNON - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       September 19, 1996
Format:     MEMORANDUM                   No. Pgs:  4
AR No.      04.04.10                     Document No.  000158

Title:New Bedford Harbor Pilot-Scale Treatability Study
            Project Schedule and Review of Draft SAIC Project
            Plans.
Addressee:  ARTHUR SHATTUCK - SCIENCE APPLICATIONS
            INTERNATIONAL CO.
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       October  2, 1996
Format:     LETTER                       No. Pgs:  15
AR No.      04.04.11                     Document No.  000157

Title:Field Operations Plan  - Pilot Scale Treatability
            Studies -  (Vol. IV of  V - SAIC/ECO Logic Detailed
            Demonstration Plan.)
Authors:    FOSTER WHEELER ENVIRONMENTAL CORPORATION
Date:       November 1996
Format:   •  REPORT, STUDY      -         No. Pgs:  485
AR No.      04.04.12                     Document No.  000103

Title:New Bedford RI/FS Response to EPA and DEP
            Comments on the Draft  Volume IV - Field
            Operations Plan.
Addressee:  DAVE DICKERSON - EPA - REGION I
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       November 27, 1996
Format:     LETTER                       No. Pgs:  15
AR No.      04.04.13                     Document No.  000156

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page     7
Title:      New Bedford Harbor RI/FS Response to Sea Change
            Comments on the Draft Volume ,-lv - Field
            Operations Plan.
Addressee:  DAVE DICKERSON - EPA - REGION I
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       December  5, 1996
Format:     LETTER                       No. Pgs:  18
AR No.      04.04.14                     Document No.  000155

Title:Third ISV Treatability Test at New Bedford
            Harbor.
Addressee:  ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    DALE M. TIMMONS - GEOSAFE CORPORATION
Date:       January 23, 1997
Format:     LETTER                       No. Pgs:  3
AR No.      04.04.15                     Document No.  000154

Title::Comments on January 1997 Draft RCC/CRTI Test
            Report.
Addressee:  ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    DAVE DICKERSON - EPA - REGION I
Date:       January 28, 1997               .
Format:     LETTER                       No. Pgs:  1
AR No.      04.04.16                     Document No.  000153

Title:Pilot Scale Treatability Testing of the In Situ
            Vitrification Technology.
Addressee:  FOSTER WHEELER ENVIRONMENTAL CORPORATION
Authors:    GEOSAFE CORPORATION  .
Date:       February 10, 1997
Format:     REPORT, STUDY                No. Pgs:  166
AR No.      04.04.17                     Document No.  000131

Title:Response to Comments on Draft Report."~
Addressee:  ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    DALE M. TIMMONS - GEOSAFE CORPORATION
Date:       February 10, 1997
Format:     LETTER                       No. Pgs:  5
AR No.      04.04.18                     Document No.  000152

-------
Title:
Addressee:
Authors:
Date:
Format:
AR No.
               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                                        04/23/99
                                                      Page     8
Title:      Test Report for On Site Pilot Scale Demonstration
            Testing of the B.E.S.T. Solvent Extraction
            Process and Solvated Electron Technology.
Addressee:  FOSTER WHEELER ENVIRONMENTAL CORPORATION.
Authors:    IONICS RESOURCES CONSERVATION COMPANY
Date:       March 1997
Format:     REPORT, STUDY                No. Pgs:  150
AR No.      04.04.19                     Document No.  000132
            Follow-Up to ISV Treatbility Test at New Bedford.
            DAVE DICKERSON - EPA - REGION I
            DALE M. TIMMONS - GEOSAFE CORPORATION
            March 20, 1997
            LETTER                       No. Pgs:  12
            04.04.20                     Document.No.  000151
            Final Report - On Site Pilot Scale Testing of the
            ECO LOGIC Process.
            FOSTER WHEELER ENVIRONMENTAL CORPORATION
            SCIENCE APPLICATIONS INTERNATIONAL CO.
            May 15, 1997
            REPORT, STUDY                No. Pgs:  184
            04.04.21                     Document No.  000133
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Title:New Bedford Harbor RI/FS; Hot Spot Treatability
            Studies, SAIC/ECO Logic-Vendor Report of Pilot
            Study Testing.
Addressee:  DAVE DICKERSON - EPA - REGION I
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       May 15, 1997
Format:     LETTER                       No. Pgs:  10
AR No.      04.04.22                     Document No.  000150
Title:

Addressee:
Authors:

Date:
Format:
AR No.
            MA DEP Comments on Hot Spot Treatability Studies,
            New Bedford Harbor Superfund Site.
            JIM BROWN - EPA - REGION I
            PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
            PROTECTION
            July  8, 1997
            LETTER                       No. Pgs:  5
            04.04.23                     Document No.  000149

-------
         Title:

         Addressee:

         Authors:

         Date:
         Format:
         AR No.
    ADMINISTRATIVE RECORD INDEX
         NEW BEDFORD HARBOR
       HOT SPOT OPERABLE UNIT

 Response to Concerns Expressed in Foster
 Wheeler's March 26,  1997 Letter.
 ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
 CORPORATION
 O.M.  JONES,  JR. - COMMODORE SOLUTION
 TECHNOLOGIES, INC.
 July 22,  1997

                              No. Pgs:  3
                              Document No.
                                                                 04/23/99
                                                               Page     9
                    04.04.24
                                                                000148
        Addressee;
        Authors:

        Date:
        Format:
        AR No.
New  Bedford Harbor RI/FS Hot Spot Treatability	
Studies  Data Compendium.
JIM  BROWN - EPA - REGION I
ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
CORPORATION
September 25,  1997
       .                     No.  Pgs:   3
       5                     Document  No.   000147
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
Drum and Waste  Container Sampling,  New Bedford	
Harbor Superfund Site.
U.S. ARMY CORPS OF ENGINEERS
ROY F. WESTON
March 1998
REPORT, STUDY
04.04.26                      Document  No.   000041
04.06
        FEASIBILITY STUDY - FEASIBILITY STUDY REPORTS
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
New Bedford Harbor Hot Spot Treatibility  Study	
Volume I.                               ix
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY
04.06.1                      Document No.   000113

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               ADMINISTRATIVE  RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                             04/23/99
                                          Page    10
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume II.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY
04.06,2                      Document No.  000114
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume III.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY
04.06.3                      Document No.  000115
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatibility Study
Data Compendium Volume IV.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  172
04.06.4                      Document No.  000116
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume V.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  336
04.06.5                      Document No.  000117
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume VI.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  307
04.06.6                      Document No.  000118

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               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page     ll
Title:

Addressee;
Authors:
Date :
Format:
AR No.
New Bedford Harbor "Hot Spot Treatability  Study
Data Compendium Volume VII.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  469
04.06.7                      Document No.  000119
Title:

Addressee;
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume VIII.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  235
04.06.8                      Document No.  000120
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume IX.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  412
04.06.9                      Document No.  000121
Title:

Addressee:
Authors:
Date:
Format:
AR No.
New Bedford Harbor Hot Spot Treatability Study
Data Compendium Volume X.
EPA - REGION I
FOSTER WHEELER ENVIRONMENTAL CORPORATION
September 1997
REPORT, STUDY                No. Pgs:  303
04.06.10                     Document No.  000122
Title:

Addressee:
Authors:

Date:
Format:
AR No.
Announcing the Results of a Revised Test of the
SET Process on Hot Spot Sediments.
NEW BEDFORD HARBOR SUPERFUND FORUM
PAUL E. HANNESSON - COMMODORE SOLUTION
TECHNOLOGIES, INC.
October 15, 1997
LETTER                       NO. Pgs:   1
04.06.11                     Document No.  000145

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               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page     12
Title:

Addressee:
Authors:

Bate:
Format:
AR No.
Comments on Draft Feasibility  Study Addendum Hot
Spot Operable Unit.
JIM BROWN - EPA - REGION  I
PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
PROTECTION
November 13, 1997
LETTER                       No.  Pgs:  4
04.06.12                     Document No.   000144
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Comments on Draft New Bedford Harbor Hot Spot
Feasibility Study Addendum.
JIM BROWN - EPA - REGION I
DALE M. TIMMONS - GEOSAFE CORPORATION
November 19, 1997
LETTER                       NO. pgS:  8
04.06.13                     Document No.  000143
Title:

Addressee:
Authors:

Date:
Format:
AR No.
Comments on the Foster Wheeler Draft New Bedford
Harbor Hot Spot Feasibility Study Addendum.
JIM BROWN - EPA - REGION I
ARTHUR SHATTUCK - SCIENCE APPLICATIONS
INTERNATIONAL CO.
November 26, 1997
LETTER                       No. Pgs:  35
04.06.14                     Document No.  000142
Title:      Draft Final New Bedford Harbor Hot Spot
            Feasibility Study Addendum.
Addressee:  EPA - REGION I
Authors:    FOSTER WHEELER ENVIRONMENTAL CORPORATION
Date:       December 1997
Format:     REPORT, STUDY
AR No.      04.06.15                     Document No.
                                           000112
Title:
Addressee:
Authors:

Date:
Format:
AR No.
Comments on Draft Final Feasibility Study
Addendum, Hot Spot Operable Unit, New Bedford
Superfund Site.
JIM BROWN - EPA - REGION I
PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
PROTECTION
June 15, 1998
LETTER                       No. Pgs:  5
04.06.16                     Document No.  000146

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    13
04.07   FEASIBILITY STUDY - WORK PLANS & PROGRESS REPORTS

        Title:New Bedford Harbor OU3 RI/FS Scoping
                    Acknowledgement Letter Hot Spot Sediment
                    Treatability Studies.
        Addressee:  DAVE DICKERSON - EPA - REGION I
        Authors:    ALAN FOWLER - EBASCO SERVICES INC
        Date:       February  1, 1995
        Format:     LETTER                       No. Pgs:  9
        AR No.      04.07.1                      Document No.
                                            000181
        Title:

        Addressee:
        Authors:
        Date:
        Format:
        AR No.
        Title:

        Addressee:
        •Authors:
        Date:
        Format:
        AR No.
        Title:

        Addressee:
        Authors:

        Date:
        Format:
        AR No.
Scoping Ackowledgement Letter  - Hot Spot Sediment
Treatability Studies.
DAVE DICKERSON - EPA - REGION  I
ALAN FOWLER - EBASCO SERVICES  INC
February  1, 1995
LETTER                       No. Pgs:   8
04.07.2                      Document No.   000186
New Bedford Harbor - Hot Spot Treatability
Studies Draft Work Plan and Cost Estimate.
KATHLEEN HUNT - EPA - REGION I
ALAN FOWLER - EBASCO SERVICES INC
March 24, 1995
LETTER                       NO. Pgs:  2  '
04.07.3                      Document No.  000180
New Bedford Harbor RI/FS Hot Spot Treatability
Studies Work Plan Amendment No. 1.
KATHLEEN HUNT - EPA - REGION I
ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
CORPORATION
April 26, 1996
LETTER                       No. Pgs:  2
04.07.4                      Document No.  000179

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page    14
Title:      Technical Direction for Additional Work - Job
            Change No.  01.
Addressee:  THOMAS J. ABDELLA - ROY F. WESTON
Authors:    MAURICE BEAUDOIN - U.S. ARMY CORPS OF ENGINEERS
Date:       May  6, 1996
Format:     LETTER                       No, Pgs:  3
AR No.      04.07.5                      Document No.  000178

Title:Notification of Delay and Request for Contract
            Change Order.
Addressee:  THEODORE NIXON - EBASCO SERVICES INC
Authors:    WILLIAM F.  HEINS - RESOURCES CONSERVATION COMPANY
Date:       May 30, 1996
Format:     LETTER                       No. Pgs:  3
AR No.      04.07.6                      Document No.  000177
Title:      New Bedford Harbor RI/FS Treatability Study
            Activities and Schedule.
Addressee:  DAN SHEA - ST. LUKES HOSPITAL
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       July 12, 1996
Format:     LETTER                       No. Pgs:  1
AR No.      04.07.7                      Document No.  000176

Title:New Bedford RI/FS Limitation of Cost Notice.
Addressee:  LINDA BYRNE - EPA - REGION  I
Authors:    MARK TUCKER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       August 12, 1996
Format:     LETTER                       No. Pgs:  1
AR No.      04.07.8                      Document No.  000175

Title:New Bedford Harbor RI/FS Treatability Studies
            Geosafe Corporation Testing Program Utility
            Support Requirements.
Addressee:  MAURICE BEAUDOIN - U.S. ARMY CORPS OF ENGINEERS
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       August 16, 1996
Format:     LETTER                       No. Pgs:  2
AR No.      04.07.9                      Document No.  000174

-------
Title:

Addressee:
Authors:

Date:
Format:
AR No.
               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page     15
Title:      New Bedford Harbor RI/FS OU3 Treatability Study
            Request for Additional Information.
Addressee:  LINDA BYRNE - EPA - REGION I
Authors:    MARK TUCKER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       September  4, 1996
Format:     LETTER                       No. Pgs:  4
AR No.      04.07.10                     Document No.  000173
New Bedford Harbor RI/FS OU3 Treatability Study
Request for Additional Information.
LINDA BYRNE - EPA - REGION I
MARK TUCKER - FOSTER WHEELER ENVIRONMENTAL
CORPORATION
September 10, 1996
LETTER
04.07.11
No.  Pgs:  2
Document No.
                                                       000172
Title:      Consent to Subcontract with SAIC for the Third
            Treatability Study.
Addressee:  MARK TUCKER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    LINDA BYRNE - EPA - REGION I
Date:       September 12, 1996
Format: •     LETTER                       No. Pgs:  2
AR No.      04.07.12                     Document No.  000171

Title:New Bedford Harbor RI/FS Treatability Studies
            SAIC Testing Program Support Requirements.
Addressee:  MAURICE BEAUDOIN - U.S. ARMY CORPS OF ENGINEERS
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       September 24, 1996
Format:    . LETTER                       No. Pgs:  1
AR No.      04.07.13                     Document No.  000170

Title:New Bedford Harbor RI/FS Treatbility Studies SAIC
            Testing Program Site Lighting Requirements.
Addressee:  MAURICE BEAUDOIN - U.S. ARMY CORPS OF ENGINEERS
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       October  3, 1996
Format:     LETTER                       No. Pgs:  1
AR No.      04.07.14                     Document No.  000169

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    16
Title:      New Bedford Harbor Pilot-Scale Treatability Study
            Revised Project Schedule.
Addressee:  ARTHUR SHATTUCK - SCIENCE APPLICATIONS
            INTERNATIONAL CO.
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       October  8, 1996
Format:     LETTER                       No. Pgs:  3
AR No.      04.07.15                     Document No.  000168

Title:New Bedford Harbor Pilot-Scale Treatbility Study
            Outstanding Items for Draft Field Operation Plan.
Addressee:  ARTHUR SHATTUCK - SCIENCE APPLICATIONS
            INTERNATIONAL CO.
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       October 15, 1996
Format:     LETTER                       No. Pgs:  2
AR No.      04.07.16                     Document No.  000167

Title:Deliverables Promised to Foster Wheeler for the
            New Bedford Proj ect.
Addressee:  K. CAMPBELL
Authors:    ARTHUR SHATTUCK
Date:       October 17, 1996
Format:     MEMORANDUM                   No. Pgs:  1
AR No.      04.07.17                     Document No.  000166
Title:
Addressee:
Authors:

Date:
Format:
AR No.
New Bedford Harbor Work Plan Amendment No. 2.
LINDA BYRNE - EPA - REGION I
ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
CORPORATION
October 18, 1996
LETTER                       No. Pgs:  4
04.07.18                     Document No.
                                                        000165
Title:      New Bedford Harbor Pilot Scale Treatability Study
            Notice to Cure.
Addressee:  ROBERT W. LARRICK JR.  - SCIENCE APPLICATIONS
            INTERNATIONAL  CO.
Authors:    THEODORE NIXON - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       October 28, 1996
Format:     LETTER                        No.  Pgs:   3
AR No.      04.07.19                      Document  No.  000164

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page    17
Title:      New Bedford Harbor RI/FS Work Plan Amendment No.
            2, Revised Budget Recap Table and Technical
            Memorandum.
Addressee:  LINDA BYRNE - EPA - REGION I
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       November  1, 1996
Format:     LETTER                       No. Pgs:  5
AR No.      04.07.20                     Document No.  000163

Title:Treatability Study Activities and Schedule.
Addressee:  DAN SHEA - ST. LUKES HOSPITAL
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       November  6, 1996
Format:     LETTER                       No. Pgs:  1
AR No.      04.07.21                     Document No.  000141

Title:New Bedford Harbor RI/FS Treatability Study
            Activities and Schedule.
Addressee:  KEN SILVIA - CITY OF NEW BEDFORD
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       November  6, 199S
Format:     LETTER                       No. Pgs:  1
AR No.      04.07.22                     Document No.  000161

Title:New Bedford Harbor Pilot-Scale Treatability Study
            Notice to Proceed with Field Mobilization.
Addressee:  ARTHUR SHATTUCK - SCIENCE APPLICATIONS
            INTERNATIONAL CO.
Authors:    ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       November  6, 1996
Format:     LETTER                       No. Pgs:  2
AR No.      04.07.23                     Document No.  000162

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               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                                         04/23/99
                                                      Page     18
Title:      New Bedford Harbor Treatability Study  - Work
            Assignment #30.
Addressee:  HEIDI HORAHAN - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Authors:    DAVE DICKERSON - EPA - REGION I
Date:       November 14, 1996
Format:     MEMORANDUM                   No. Pgs:  2
AR No.      04.07.24                     Document No.  000140
Title:


Addressee:

Authors:

Date:
Format:
AR No.
            Request for a No-Cost Extension to the Project
            Schedule and Extended Working Hours During System
            Integrity Testing.
            ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
            ARTHUR SHATTUCK - SCIENCE APPLICATIONS
            INTERNATIONAL CO.
            November 15, 1996
            LETTER                       No. Pgs:  1
            04.07.25                     Document No.  000139
            852 Hours of Proposed "New Scope" in the Work
            Plan Amendment of 10/18/96.
            LINDA BYRNE - EPA - REGION I
            DAVE DICKERSON - EPA - REGION I
            •November 19, 1996                         .
            MISCELLANEOUS                No. Pgs:  1
            04.07.26                     Document No.  000138
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Title:      Work Plan Amendment No. 3.
Addressee:  LINDA BYRNE - EPA - REGION I
Authors:    MARK TUCKER - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       February 24, 1997
Format:     LETTER                       No. Pgs:  3
AR No.      04.07.27                     Document No.  000137

Title:Work Plan - Scoping for Time Extension and New
            Tasking.
Addressee:  DAVE DICKERSON - EPA - REGION I
Authors:    HELEN DOUGLAS - FOSTER WHEELER ENVIRONMENTAL
            CORPORATION
Date:       June 27, 1997
Format:     LETTER                       No. Pgs:  3
AR No.      04.07.28                     Document No.  000136

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                        ADMINISTRATIVE RECORD INDEX
                             NEW BEDFORD HARBOR
                           HOT SPOT OPERABLE UNIT
                                                         04/23/99
                                                       Page     19
 04.09
FEASIBILITY STUDY - PROPOSED PLANS FOR SELECTED REMEDIAL ACTION
         Addressee:
         Authors:
         Date:
         Format:
         AR No.

         Title:
         Addressee:
         Authors:

         Date:
         Format:
         AR No.
        Authors:
        Date:
        Format:
        AR No.
            Draft Proposed Plan. '.                   ~~
            JIM BROWN - EPA - REGION I
            DEBORAH M.  SIMONE - METCALF & EDDY
            July 20,  1998
            FACT SHEET, PRESS RELEASE    No. Pgs:  14
            04-09-1                      Document No.
000060
        Authors:
        Date:
        Format:
        AR Nc.
            Agency Comments on Draft Proposed Plan
            JIM BROWN - EPA - REGION I
            PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
            PROTECTION
            July 24,  1998
            LETTER                       No. Pgs:  2
            04  no o                      „
            vt.vy.z                      Document No.
                                                                000059
            Proposed Plan to Amend the 1990 Cleanup Plan for
            the New Bedford Harbor Hot Spot Sediments
            EPA -  REGION I
            August 1998
            FACT SHEET,  PRESS RELEASE    No. Pgs:   13
            04.09.3                       Document  No.  000057
           Piano Proposto  Emendar o Piano de Limpeza de 1990~
           dos Sedimentos  no  'Hot Spot'  do Porto de New
           Bedford.
           EPA - REGION  I
           August 1998
           FACT SHEET, PRESS  RELEASE    No.  Pgs:   13
           04.09.4                       Document  No.  000058
05.01   RECORD OF DECISION - CORRESPONDENCE
        Addressee;
        Authors:

        Date:
        Format:
        AR No.
           DEP Concurrence with  Proposed  Second BSD
           DAVE DICKERSON - EPA  - REGION  I
           MADELINE SNOW - MA DEPT OF ENVIRONMENTAL
           PROTECTION
           March 28, 1995
           LETTER                       No_  pgs.   2
           Ub-01-1                      Document No.
                                                               000194

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
  04/23/99
Page    20
05.03   RECORD OF DECISION - RESPONSIVENESS SUMMARIES
        Title:      Comments on the Proposed Plan  (Cross Reference to
                    13.1.).
        Addressee:  EPA - REGION I
        Authors:    MANUEL SYLVIA, BERYL SYLVIA
        Format:     LETTER                       No. Pgs:  44
        AR No.      05.03.1                  .    Document No.  000195

        Title:Comments on the Proposed Plan.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    CLAUDIA JACOBSEN
        Date:       August 28, 1998
        Format:     CORRESPONDENCE               No. Pgs:  1
        AR No.      05.03.2                      Document No.  000190

        Title:Comments on the Proposed Plan.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    ROMAN RUSINOSKI
        Date:       September 14, 1998
        Format:     CORRESPONDENCE               No. Pgs:  2
        AR No.      05.03.3                      Document No.  000192

        Title:      Comments on the Proposed Plan.-    ~:
        Addressee:  JAMES SIMMONS - HANDS ACROSS THE RIVER COALITION
        Authors:    DAVE BARRETT
        Date:       September 16, 1998
        Format:     MISCELLANEOUS                No. Pgs:  1
        AR No.      05.03.4                      Document No.  000187

        Title:Comments on the Proposed Plan.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    CAROL SANZ - DOWNWIND COALITION
        Date:       September 23, 1998
        Format:     LETTER                       No. Pgs:  1
        AR No.      05.03.5                      Document No.  000191

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT

        Title:      Comments on the Proposed Plan.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    CLAUDIA KIRK
        Date:       September 24, 1998
        Format:     LETTER                       No. Pgs:  2
        AR No.      05.03:6                      Document No
               04/23/99
             Page    21
              000188
        Title:      Comments on the Proposed Plan.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    MARY RYAN - NUTTER MC CLENNEN & FISH
        Date:       September 25, 1998
        Format:      LETTER                       No. Pgs:  9
        AR No.      05.03.7                      Document No.  000193
06.01   REMEDIAL DESIGN - CORRESPONDENCE
        Title:      Review of the Draft Report on Pilot Scale
                    Incineration of Hot Spot Sediments.
        Addressee:  KEVIN HOWE - U.S. ARMY CORPS OF ENGINEERS
        Authors:    GAYLE GARMAN - EPA - REGION I
        Date:       October 17, 1991
        Format:     MEMORANDUM                   No. Pgs:  4
        AR No.      06.01.1                      Document No.  000125

        Title:Comments on the Draft Test Burn Report.
        Addressee:  KEVIN HOWE - U.S. ARMY CORPS OF ENGINEERS
        Authors:    PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
                    PROTECTION
        Date:       October 24, 1991
        Format:     LETTER                       No. Pgs:  2
        AR No.      06.01.2                      Document No.  000124

        Title:Cover Letter - Submittal of the 100% Design
                    Report.
        Addressee:  KEVIN HOWE - U.S. ARMY CORPS OF ENGINEERS
        Authors:-    ROBERT FOXEN, JAMES FITZGERALD - ERM-NEW ENGLAND
                    INC.
        Date:       November 27, 1991
        Format:     LETTER
        AR No.      06.01.3
No.  Pgs:  1
Document No.
                                                               000123

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    2 2
06.04   REMEDIAL DESIGN - REMEDIAL DESIGN DOCUMENTS
        Title:
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
        Title:
        Authors:
        Date:
        Format:
        AR No.
Preliminary Data Summary Report for Evaluating
the Incinerability of the New Bedford/Hot Spot
Operable Unit at the EPA Incineration Research
Facility.
EPA OFFICE OF R & D - CINICNNATI
ACUREX CORPORATION
August 28, 1991
REPORT, STUDY                No. Pgs:  96
06-04.1                      Document No.  000183
Title:
Addressee
Authors :
Date:
Format :
AR No.
Final Design Analysis.
: U.S. ARMY CORPS OF ENGINEERS
ERM-NEW ENGLAND INC.
November 1991
REPORT, STUDY
06.04.2


No . Pgs :
Document

606
No.

000128
        Title:      Specifications for Construction Contract -
                    Hazardous Waste Cleanup (Vol. 1 of 2 - Proposal
                    Information - Divisions 1 and 2).
        Authors:    U.S. ARMY CORPS OF ENGINEERS
        Date:       December 1991                       '
        Format:     REPORT, STUDY                No. Pgs:  431
        AR No.      06.04.3                      Document No.  000126

        Title:Specifications for Construction Project -
                    Hazardous Waste Cleanup (Vol. 2 of 2  Divisions 3
                    thru 16).
        Authors:    U.S. ARMY CORPS OF ENGINEERS
        Date:       December 1991
        Format:     REPORT, STUDY                No. Pgs:  241
        AR No.      06.04.4                      Document No.  000127
Specifications for the Pilot-Scale Incineration.
U.S. ARMY CORPS OF ENGINEERS
February 12, 1992
REPORT, STUDY                No. Pgs:  257
06.04.5        •              Document No.  000130

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                       ADMINISTRATIVE RECORD  INDEX               04/23/99
                            NEW BEDFORD HARBOR                 Page     23
                          HOT SPOT OPERABLE UNIT


06.09   REMEDIAL DESIGN - BID DOCUMENTS

        Title:      Request for Proposal For  Construction  Contract
                    New Bedford Harbor/Hot Spot Operable Unit.
        Authors:    U.S. ARMY CORPS OF ENGINEERS
        Date:       November 1991
        Format:     REPORT, STUDY                No. Pgs:  627
    Y    AR No.      06.09.1                      Document  No.  000129


09.01   STATE COORDINATION - CORRESPONDENCE

        Title:      Comments on Proposed Plan (Cross Reference to
                    5.3.).
        Addressee:  JIM BROWN - EPA - REGION  I
        Authors:    PAUL CRAFFEY - MA DEPT OF ENVIRONMENTAL
                    PROTECTION
        Date:       September 24, 1998
        Format:     LETTER                       No. Pgs:  2
        AR No.      09.01.1                      Document  No.  000189


09.10   STATE COORDINATION - STATE TECHNICAL AND HISTORICAL RECORDS

        Title:Final Record of Decision for the New Bedford
                    Harbor Hot Spot Operable Unit.
        Authors:    JOHN DEVILLARS - MASSACHUSETTS OFFICE  OF ENVIR
                    AFFAIRS
        Date:       December 14,  1990
        Format:     MISCELLANEOUS                No. Pgs:  5
        AR No.      09.10.1                      Document  No.  000197
          *Attached to Document No. 000196 In 13.01


13.01   COMMUNITY RELATIONS - CORRESPONDENCE

        Title:EPA Remedy Selection Process.~~~~
        Addressee:  PETER KOCZERA - TOWN OF ACUSHNET BOARD OF
                    SELECTMAN
        Authors:    JOHN DEVILLARS - EPA - REGION I
        Format:     LETTER                       NO. Pgs:  2
        AR No.      13.01.1                      Document  No.  000046

-------
               ADMINISTRATIVE  RECORD INDEX
                    NEW  BEDFORD HARBOR
                  HOT SPOT OPERABLE  UNIT
                                             04/23/99
                                           Page    24
Title:
Addressee:

Authors:
Format:
AR No.
Letter of Appreciation  for Jane Wells on Serving
as a Neutral Facilitator  for  the New Bedford
Harbor Forum.
JANE WELLS - MASSACHUSETTS OFFICE OF DISPUTE
RESOLUT
PAUL KEOUGH - EPA  - REGION I
LETTER                        No. Pgs:  1
13.01.2                       Document No.  000199
Title:
Addressee:
Authors:
Date:
Format:
AR No.
Response to the August 31, 1993 Newspaper
Article, "What's the Rush to Incinerate? It's
Time for EPA to Look Again."
STEVE URBON - NEW BEDFORD STANDARD TIMES
PAUL KEOUGH - EPA - REGION I
September 16, 1993
                             No. Pgs:  1
                             Document No
LETTER
13.01.3
                                                        000200
Title:
Addressee:
Authors:

Date i
Format:
AR No.
Response to George Rogers Letter of October 4,
1993 Regarding Hot Spot Remediation -  (Cross
Reference to 5.3.)
GEORGE ROGERS - CITY OF NEW BEDFORD
DANIEL GREENBAUM - MA DEPT OF ENVIRONMENTAL
PROTECTION
October 13, 1993
LETTER                       No. Pgs:  12
13.01.4                      Document No.  000196
Title:

Addressee:
Authors:
Date :
Format:
AR No.
Letter Which Requests Jonathan Cairns's Support
for a Review of Strategies for PCB Cleanup.
JOHNATHAN CAIRNS
HENRY LONGEST - EPA - REGION I
November 12, 1993
LETTER                       No. Pgs.  x
13.01.5                      Document No.  000201
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Letter Which Requests Claudia Kirk's Support of
Strategies for PCB Cleanup.
CLAUDIA KIRK - CONCERNED PARENTS OF FAIRHAVEN
HENRY LONGEST - EPA - REGION I
November 19, 1993
LETTER                       No. Pgs:  1
13.01.6                      Document No.  000202

-------
 Title:
 Addressee
 Authors:
 Date:
 Format:
 AR No.
                ADMINISTRATIVE RECORD INDEX
                     NEW BEDFORD HARBOR
                   HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    25
 Response to Susan Grace's September 20, 1993
 Letter Expressing Opposition to Incineration as
 an Alternative Technology.
 SUSAN GRACE
 PAUL KEOUGH -  EPA - REGION I
 December 23,  1993
 LETTER                       NO.  Pgs:   1
 13.01.7                      Document  No.   000203
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Letter Concerning Future Decisions on the New
Bedford Harbor Cleanup.
DAVID HAMMOND - HANDS  ACROSS THE RIVER COALITION
HARLEY LAING  - EPA - REGION I
June 14,  1994
LETTER                        No.  pgs.   2
13.01.8                       Document  No.   000204
Title:
Addressee:
Authors:

Date:
Format:  •
AR No.
Article Requested  by Diana Cobbold of  Sea Change
on the Long Term Stability and  Leaching of ISV
Products.
DAVE DICKERSON  - EPA - REGION I
ALAN FOWLER - FOSTER WHEELER ENVIRONMENTAL
CORPORATION
August 30, 1996
LETTER                        No. Pgs:   12
13.01.9                       Document  No.   000069
Title:
Addressee:
Authors:
Date:
Format:
AR No.
Support Thermal Disorption as a Cleanup Remedy
JOHN DEVILLARS - EPA - REGION I
JAMES SIMMONS, DANIEL MATTO, MAUREEN SANTOS
ELIZABETH TAYLOR - HANDS ACROSS THE RIVER   '
COALITION
June 13, 1997
LETTER                       No. Pgs:  2
13.01.10                     Document No.   000068
Title:
Addressee:
Authors:

Date:
Format:
AR No.
PCB Harbor Forum.       ~~~~      ~	
JOHN DEVILLARS - EPA - REGION I
PETER KOCZERA - TOWN OF ACUSHNET BOARD OF
SELECTMAN
July 14, 1997
LETTER                       No. Pgs:  2
13.01.11                     Document No.  000067

-------
Title:

Addressee:
Authors:
Date:
Format:
AR No.
               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    2 6
Development of the Feasibility Study Addendum
Report.
JAMES SIMMONS - HANDS ACROSS THE RIVER COALITION
HARLEY LAING - EPA - REGION I
July 18, 1997
LETTER                       No. Pgs:  3
13.01.12                     Document No.  000066
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Selection of One Remedial Technology Over
Another.
CAROL SANZ
JOHN DEVILLARS - EPA - REGION I
August 19, 1997
LETTER                       No. Pgs:  1
13.01.13                     Document No.  000045
Title:

Addressee:
Authors:
Date:
Format:
AR No.
List of Questions to Submit to the Sea Change
Panel Review.
DIANA COBBOLD - SEA CHANGE INC.
JIM BROWN - EPA - REGION I
October 22, 1997
LETTER                       No. Pgs:  1
13.01.14                     Document No.  000044
Title: -    -Organization of the October 30, 1997 Public Sea
            Change Review of the Technologies for New
            Bedford.
Addressee:  DIANA COBBOLD - SEA CHANGE INC.
Authors:    HARLEY LAING - EPA - REGION I
Date:       December 12, 1997
Format:     LETTER                       No. Pgs:  1
AR No.      13.01.15                     Document No.  000043

Title:Resumes of Jim Brown and Dave Dickerson.
Addressee:  JAMES SIMMONS - HANDS ACROSS THE RIVER COALITION
Authors:    HARLEY LAING - EPA - REGION I
Date:       December 23, 1997
Format:     LETTER                       No. Pgs:  4
AR No.      13.01.16                     Document No.  000042

-------
        Title:
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
                       ADMINISTRATIVE  RECORD INDEX
                            NEW  BEDFORD  HARBOR
                          HOT  SPOT OPERABLE  UNIT
                                             04/23/99
                                           Page    27
 Complaint from a Resident Regarding a Release of
 Hazardous Materials from the Sawyer Street
 Facility.
 WARREN IDE -  CITY OF NEW BEDFORD FIRE DEPARTMENT
 JIM  BROWN - EPA - REGION I
 June  3,  1998
 LETTER                       No.  Pgs:  1
 13.01.17                      Document No.   000065
13.03   COMMUNITY RELATIONS - NEWS CLIPPINGS/PRESS RELEASES
        Title:
        Authors:
        Format:
        AR No.
        Title:
        Authors:
        Format:
        AR No.
New Bedford  Still  Seeks Way to  Deal  with PCBs	
PETER HOWE - BOSTON  GLOBE
NEWS CLIPPING                 No.  Pgs:   2
13.03.1                       Document  No.   000052
EPA Announces a Meeting and  Invites  Public
Comment on the Explanation of  Significant
Differences.
EPA - REGION I
NEWS CLIPPING                No. Pgs:   1
13.03.2                      Document No.   000208
        Title:What's the Rush to Incinerate? It's Time for EPA
                    to Look Again.
        Authors:     STEVE URBON - NEW BEDFORD STANDARD TIMES
        Date:       August 31, 1993
        Format:     NEWS CLIPPING                No. Pgs:   1
        AR No.      13.03.3                      Document No.  000205
          *Attached to Document No. 000200 In 13.01
        Title:
        Authors:
        Date:
        Format:
        AR No.
EPA Virtually Abandons Plan to Burn PCB7~s~.	
NATALIE WHITE - NEW BEDFORD STANDARD TIMES
January 27, 1994
NEWS CLIPPING                No. Pgs:  2
13.03.4                      Document No.  000207

-------
 Title:

 Authors:
 Date:
 Format:
 AR No.
                ADMINISTRATIVE RECORD INDEX
                     NEW BEDFORD HARBOR
                   HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    28
 EPA Will  Proceed with Dredging New Bedford Harbor
 Hot Spots.
 EPA -  REGION I
 February  10,  1994
 NEWS CLIPPING                NO.  Pgs:   1
 13.03.5                       Document  No.   000206
Title:

Authors;
Date:
Format:
AR No.
Briton  to Document Agency's  Victory Against  PCB
Incineration.
WILLIAM COREY  - STANDARD-TIMES
January 16, 1998
NEWS CLIPPING                 No.  Pgs:   2
13.03.6                      Document  No.  000049
Title:
Authors:
Date:
Format:
AR No.
Harbor Cleanup of PCBs  is Still  a  Long Way Awav
RACHEL G. THOMAS - STANDARD-TIMES
January 22, 1998
NEWS CLIPPING                No. Pgs:  1
13.03.7                      Document  No.  000048
Title:Time's a Wasting."
Authors:    JACK STEWARDSON  - STANDARD-TIMES
Date:       February  7, 1998
Format:     NEWS CLIPPING                No   Pgs-   5
AR No.      13.03.8                      -Document No.
                                           000047
Title:
Authors:
Date:
Format:
AR No.
Title:
Authors;
Date:
Format:
AR No.
Still No Decision on Disposal of  PCBs.
JACK STEWARDSON - STANDARD-TIMES
April  1, 1998
NEWS CLIPPING                No.  Pgs:  1
13.03.9                      Document No.
                                                       000051
Forum Winding Up PCB Talks, Ready for Action":	
JACK STEWARDSON - STANDARD-TIMES
April 29, 1998
NEWS CLIPPING                NO. Pgs:  2
13.03.10                     Document No.  000053

-------
13.04
 Title:
 Authors;
 Date:
 Format:
 AR No.
 Title:
 Authors:
 Date:
 Format:
 AR No.
Title:
Authors:
Date:
Format:
AR No.
                ADMINISTRATIVE RECORD INDEX
                     NEW BEDFORD HARBOR
                   HOT SPOT OPERABLE UNIT
                                                                 04/23/99
                                                               Page    29
                     May  l,  1998
                                          Document No.  000054
                     PCBs: To Fill  or Not  To Fill
                     JACK STEWARDSON -  STANDARD-TIMES
                     June  6, 1998
                     NEWS CLIPPING                 No.  Pgs:   2
                                                  Document  No,

                     River Cleanup  Takes a Giant  Step
                     JACK STEWARDSON -  STANDARD-TIMES'
                     June 19, 1998
                     NEWS CLIPPING                 Ho.  pgs;   2
                     1J-03-13                      Document  No.
                                                        000056
                                                        000055
COMMUNITY RELATIONS - PUBLIC MEETINGS
Title:

Authors:
Date .-
Format:
AR No.
                    Invitation to Attend Two Meetings to Discuss the
                    Treatment of the Hot Spot Sedimint.  U1SCUSS the
                    NEW BEDFORD SITE COMMUNITY FORUM
                    FACT SHEET,  PRESS RELEASE
                    13.04.1
Title:
Date:
Format:
AR No.

Title:
Date:
Format:
AR No.
                             No. Pgs :  2
                             Document No.

Minutes ot Meeting Held on December 7
December 16, 1993
PUBLIC^MEETING RECORDS       No. Pgs:  4
13-04-2                      Document No.
                                                        000094
                                                       C00209
                    Minutes  of Meeting Held January 5
                    January   5,  1994
                    PUBLIC MEETING RECORDS       No.  Pgs :   8
                    13 '°4'3                       Document  No.
                                                       000210

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ADMINISTRATIVE RECORD  INDEX
     NEW BEDFORD HARBOR
   HOT SPOT OPERABLE UNIT
  04/23/99
Page    30
Title:
Date:
Format :
AR No.
Title:
Date:
Format :
AR No.
Title :
Date:
Format :
AR No.
Title :
Date:
Format :
AR No.
Title:
Date:
Format :
AR No.
Title:
Date:
Format :
AR No.
Title :
Date:
Format :
AR No.
New Bedford Superfund Site Meeting Agenda
January 12, -1994.
January 12, 1994
PUBLIC MEETING RECORDS No. Pgs : 1
13-04.4 Document No.
Minutes of Meeting Held
January 12, 1994
PUBLIC MEETING RECORDS
13.04.5
January 12, 1994.
No . Pgs : 3
Document No.
000211
000212
New Bedford Harbor Superfund Site Meeting Agenda
- January 26, 1994.
January 26, 1994
PUBLIC MEETING RECORDS No. Pgs: 1
13.04.6 Document No. 000213
Minutes of Meeting Held
January 26, 1994
PUBLIC MEETING RECORDS
13.04.7
Minutes of Meeting Held
February 9, 1994
PUBLIC MEETING RECORDS
13.04.8
January 26, 1994.
No . Pgs : 1
Document No.
February 9, 1994.
No. Pgs: 2
Document No .
New Bedford Harbor Superfund Forum Meeting
- March 1, 1994.
March 1, 1994
PUBLIC MEETING RECORDS No. Pgs: 6
13.04.9 Document No.
Minutes of Meeting Held
March 1, 1994
PUBLIC MEETING RECORDS
13.04.10
March 1, 1994.
No . Pgs : 5
Document No .
000214
000215
Agenda
000216
000217

-------
 Title:

 Date:
 Format
 AR No.
    ADMINISTRATIVE RECORD INDEX
         NEW BEDFORD HARBOR
       HOT SPOT OPERABLE UNIT

 New Bedford Harbor Superfund Site Meeting
 -  March 9,  1994.
 March   9,  1994
 PUBLIC MEETING RECORDS       No.  Pgs:   1
 13.04.11                     Document  No.
                                                         04/23/99
                                                       Page    31
Agenda
                                                        000218
 Title:
 Date:
 Format:
 AR No.
Minutes of Meeting  Held March 9,  1994
March  9, 1994
PUBLIC MEETING RECORDS        No.  Pgs:   2
13.04.12                      Document  No.
                                                        000219
Title:
Date:
Format:
AR No.
Minutes of Meeting Held March 30,1994.
March 30, 1994
PUBLIC MEETING RECORDS        No.  Pgs:   2
13.04.13                      Document  No.
                                                        000220
Title:
Date:
Format:
AR No.
Minutes of Meeting Held April  6,  1994.
April  6, 1994
PUBLIC MEETING RECORDS       No.  Pgs:   3
13.04.14                     Document No.
                                                        000221
Title:
Date:
Format:
AR No.
Minutes of Meeting Held April  13,  1994
April 13, 1994
PUBLIC MEETING RECORDS       No. Pgs:   2
13.04.15                     Document No.
                                                        000222
Title:
Date:
Format:
AR No.
Minutes of Meeting Held April 26, 1994.
April 26, 1994
PUBLIC MEETING RECORDS       No. Pgs:  2
13 . 04.16                     Document No.
                                                        000223
Title:
Date:
Format:
AR No.
Minutes of Meeting Held May 18, 1994
May 18, 1994
PUBLIC MEETING RECORDS       No. Pgs:  2
13.04.17                     Document No.
                                                        000224
Title:

Date:
Format:
AR No.
New Bedford Harbor Superfund Site Meeting
- June 14, 1994.
June 14, 1994
PUBLIC MEETING RECORDS       No. Pgs:  1
13.04.18                     Document No.
Agenda
                                                        000226

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               ADMINISTRATIVE  RECORD INDEX
                    NEW  BEDFORD HARBOR
                  HOT  SPOT  OPERABLE  UNIT

Title:      Minutes of Meeting Held  June 14,  1994
Date:       June  14, 1994
Format:     PUBLIC MEETING  RECORDS        No.  Pgs:   2
AR No.      13.04.19                      Document  No.
                                             04/23/99
                                           Page     32
                                            000227
Title:
Date:
Format:
AR No.
Minutes of Meeting Held July  12, 1994.
July 12, 1994
PUBLIC MEETING RECORDS        No. Pgs:  3
13.04.20                      Document No.
                                                        000228
Title:      Minutes of Meeting Held August  9,  1994.
Date:       August  9, 1994
Format:     PUBLIC MEETING RECORDS       No. Pgs:   6
AR No.      13.04.21                     Document No.
                                            000230
Title:

Date:
Format:
AR No.
New Bedford Harbor Superfund Site Community Forum
Agreement -  (Cross Reference to 13.1.)
November 21, 1994
PUBLIC MEETING RECORDS       No. Pgs:  13
13.04.22                     Document No.  000231
Title:

Date:
Format:
AR No.
New Bedford Harbor Superfund Forum - May 21
1997.
May 21, 1997
PUBLIC MEETING RECORDS       No. Pgs:  19
13.04.23                     Document No.  000070
Title:      New Bedford Harbor Treatability Study
            Subcommittee Meeting.
Date:       July 16, 1997
Format:     PUBLIC MEETING RECORDS       No. Pgs:  8
AR No.      13.04.24                     Document No.
                                           000071
Title:

Date:
Format:
AR No.
New Bedford Superfund Forum Meeting - July 30,
1997.
July 30,- 1997
PUBLIC MEETING RECORDS       No. Pgs:  17
13.04.25                     Document No.  000072

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 Title:

 Date:
 Format:
 AR No.
                ADMINISTRATIVE RECORD INDEX
                     NEW BEDFORD HARBOR
                   HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    33
New Bedford  Harbor  Treatability Subcommittee
Meeting  - October 8,  1997.
October  8,  1997
PUBLIC MEETING RECORDS        No.  Pgs:   8
13.04.26                      Document  No.   000073
Title:

Date:
Format:
AR No.
Title: '

Date:
Format:
AR No.
New Bedford Harbor Superfund  Forum Meeting -
October 20, 1997.
October 20, 1997
PUBLIC MEETING RECORDS        No.  Pgs:   48
13.04.27                      Document No.   000074
Tztle:Sea Change Panel  - New Bedford Harbor
            Treatability Studies.
Date:       October 30, 1997
Format:     PUBLIC MEETING RECORDS       No  Pgs-   27
AR No.      13.04.28                     Document No.   000075
New Bedford Harbor Superfund Forum Meeting ^
November 6, 1997.
November  6, 1997
PUBLIC MEETING RECORDS       No. Pgs:  4
13.04.29 .                    Document No.  000076
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Title:

Date :
Format:
AR No.
New Bedford Harbor Superfund Site Treatability
Study Participants - Presentations.
TREATABILITY STUDY PARTICIPANTS
JIM BROWN - EPA - REGION I
November 18, 1997
LETTER                       No. Pgs.  3
13.04.30                     Document No.  000077
New Bedford Harbor Superfund Forum - December 1
1997.
December  l, 1997
PUBLIC MEETING RECORDS       No. Pgs:  15
13.04.31                     Document No.  000078

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Title:
Date:
Format:
AR No.
               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    34
Title:      New Bedford Harbor Superfund  Forum  - December 8,
            1997.
Date:       December  8, 1997
Format:     PUBLIC MEETING RECORDS        No. Pgs:  28
AR No.      13.04.32                      Document No.  000079

Title:Summary of Meeting of the New Bedford Harbor
            Forum - December 16, 1997.
Date:       December 16, 1997
Format:     PUBLIC MEETING RECORDS        No. Pgs:  5
AR No.      13.04.33                      Document No.  000080

Title:New Bedford Harbor Superfund  Forum  - January 21,
            1998.
Date:       January 21, 1998
Format:     PUBLIC MEETING RECORDS        No. Pgs:  16
AR No.      13.04.34                      Document No.  000081

Title:      New Bedford Harbor Superfund  Forum  - January 21,
            1998.
Date:       January 21, 1998
Format:     PUBLIC MEETING RECORDS        No. Pgs:  9
AR No.      13.04.35                      Document No.  000098

Title:New Bedford Harbor Superfund  Forum  - February 5,
            1998.
Date:       February  5, 1998
Format:     PUBLIC MEETING RECORDS        No. Pgs:  3
AR No.      13.04.36                      Document No.  000082

Title:New Bedford Harbor Superfund  Forum  - February 12,
            1998.
Date:       February 12, 1998
Format:     PUBLIC MEETING RECORDS        No. Pgs:  6
AR No.      13.04.37                      Document No.  000083
New Bedford Community Meeting.
February 19, 1998
PUBLIC MEETING RECORDS
13.04.38
No.  Pgs:   2
Document No.
                                                       000084

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               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
               04/23/99
             Page    35
Title:      New Bedford Harbor Superfund Forum  -  February  25
            1998.
Date:       February 25, 1998
Format:     PUBLIC MEETING RECORDS       No. Pgs:   5
AR No.      13.04.39                     Document No.  000085
Title:      New Bedford Harbor Superfund
            1998.
Date:       March 15, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.40
Forum - March 15,
No. Pgs:  21
Document No.  000086
Title:      New Bedford Harbor Superfund
            1998.
Date:       March 24, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.41
Forum - March 24,
No.  Pgs:  7
Document No.  000087
Title:      New Bedford Harbor Superfund
            1998.
Date:       March 31, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.42
Forum - March 31,
No. Pgs:  34
Document No.  000088
Title:      New Bedford Harbor Superfund
            1998.
Date:       April 28, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.43
Forum - April 28,
No. Pgs:  15
Document No.  000089
Title:      New Bedford Harbor Superfund
Date:       May  7, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.44
Forum - May 7, 1998.

No.  Pgs:   6
Document No.  000090
Title:      New Bedford Harbor Superfund
            1998.
Date:       May 22, 1998
Format:     PUBLIC MEETING RECORDS
AR No.      13.04.45
Forum - May 22,
No.  Pgs:  6
Document No.  000091

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Title:

Date:
Format:
AR No.
               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    3 6
Title:      New Bedford Harbor Superfund Forum - June 4,
            1998.
Date:       June  4, 1998
Format:     PUBLIC MEETING RECORDS       No. Pgs:  6
AR No.      13.04.46                     Document No.  000092

Title:New Bedford Harbor Superfund Forum - June 17,
            1998.
Date:       June 17, 1998
Format:     PUBLIC MEETING RECORDS       No. Pgs:  26
AR No.      13.04.47                     Document No.  000093

Title:New Bedford Harbor Superfund Site Community Forum
            Recommendation.
Authors:    NEW BEDFORD SITE COMMUNITY FORUM
Date:       July 1998
Format:     MEMORANDUM                   No. Pgs:  17
AR No.      13.04.48                     Document No.  000234

Title:Notice of a Public Meeting on the Proposed Plan.
Authors:    EPA - REGION I
Date:       August  7, 1998
Format:     NEWS CLIPPING                No. Pgs:  1
AR No.      13.04.49                     Document No,  000050

Title:Proposed Cleanup Plan for the Hot Spot Sediment  -
            Public Informational Meeting.
Date:       August 26, 1998
Format:     PUBLIC MEETING RECORDS       No. Pgs:  12
AR No.      13.04.50                     Document No.  000096
Attendance List - Proposed Plan to Amend the 1990
Cleanup Plan - Public Hearing.
September 16, 1998
LIST                         No. Pgs:  2
13.04.51                     Document No.  000097

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        Title:

        Date:
        Format:
        AR No.
                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    37
 EPA Public Hearing - Cleanup Plan for the New
 Bedford Harbor Hot Spot Sediments.
 September 16,  1998
 PUBLIC MEETING RECORDS       No.  Pgs:   50
 13.04.52                     Document No.  000232
13.05   COMMUNITY RELATIONS - FACT SHEETS
        Title:
        Authors:
        Format:
        AR No.
 New Bedford Harbor Superfund Site:  The Community
 Forum's Focus on Cleanup of the Hot Spot
 Sediment.
 EPA -  REGION I
 FACT SHEET,  PRESS RELEASE
.13.05.1                      Document No.   000033
        Title:
        Format:
        AR No.
 The USEPA Announces the Scheduling of a Public
 Meeting,  Hearing,  and Public Comment Period on
 the Proposed Plan.
 FACT SHEET,  PRESS  RELEASE    No.  Pgs:  2
 13.05.2                       Document No.   000095
        Title:       An Open Letter to the Members of the New Bedford
                    Harbor Superfund Forum.
        Addressee:   NEW BEDFORD HARBOR SUPERFUND FORUM
        Authors:     THOMAS E.  NOEL - COMMODORE ADVANCED SCIENCES
        Date:        July 30,  1997
        Format:      LETTER                       No. Pgs:  1
        AR No.       13.05.3                      Document No.  000037
        Title:

        Authors:
        Date:
        Format:
        AR No.
New Bedford Harbor Superfund Site  Verification
Test. Program.
COMMODORE  SOLUTION TECHNOLOGIES, INC.
August  1997
REPORT, STUDY
13.05.4                       Document  No.   000035

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
                                            04/23/99
                                          Page    38
        Title:

        Addressee:
        Authors:

        Date:
        Format:
        AR No.
Explanation of the Merits of the Commodore SET
Process in Remediating PCB Waste.
NEW BEDFORD HARBOR SUPERFUND FORUM
PAUL E. HANNESSON - COMMODORE APPLIED
TECHNOLOGIES,  INC.
November  5, 1997
LETTER                       No. Pgs:  1
13.05.5                      Document No.
                                                               000036
        Title:      Innovative Treatment Technology Proposal
                   , Evaluation Criteria.
        Authors:    JIM BROWN - EPA - REGION I
        Date:       January 16, 1998
        Format:     CORRESPONDENCE               No. Pgs:   5
        AR No.      13.05.6                      Document No.  000034

        Title:New Bedford Harbor Superfund Site Community Forum
                    Recommendation.
        Date:       July 1998
        Format:     REPORT, STUDY
        AR No.      13.05.7                      Document No.  000039

        Title:Update on the Release of the Proposed Plan.
        Addressee:  NEW BEDFORD HARBOR SUPERFUND FORUM
        Authors:    JIM BROWN - EPA - REGION I
        Date:       July 17, 1998
        Format:     LETTER                       No. Pgs:   1
        AR No.      13.05.8                      Document No.  000038
14.01   CONGRESSIONAL RELATIONS - CORRESPONDENCE
        Title:
        Addressee:
        Authors:
        Date:
        Format:
        AR No.
Request for Participation in Workshop  -
Alternatives to Incineration for Disposal of PCB
Contaminants.
JULIE BELAGA - EPA  - REGION I
GERRY STUDDS - U.S. HOUSE OF REPRESENTATIVES
January 29, 1992
LETTER                       No. Pgs:  2
14.01.1                      Document  No.   000001

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               ADMINISTRATIVE RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                                         04/23/99
                                                       Page     3 9
Title:      Response to Representative Studds  Letter  of
            January 29, 1992 Requesting EPA  Participation  in
            a Workshop.
Addressee:  GERRY STUDDS  - U.S. HOUSE 'OF REPRESENTATIVES
Authors:    JULIE BELAGA  - EPA  - REGION I
Date:       February 27,  1992
Format:     LETTER                       No. Pgs:   2
AR No.      14.01.2                      Document No.  000002
Title:

Addressee:
Authors:
Date:
Format:
AR No.
            Results of the Alternative Treatment Technologies
            Workshop Conducted on March 5, 1992.
            GERRY STUDDS - U.S. HOUSE OF REPRESENTATIVES
            JULIE BELAGA - EPA - REGION I
            March 18, 1992
            LETTER                       No. Pgs:  1
            14.01.3                      Document No.  000003
            Letter Congratulating EPA on Its Research into
            Treatment Technologies at the New Bedford
            Superfund Site.
            JULIE BELAGA - EPA - REGION I
            EDWARD KENNEDY, JOHN KERRY - U.S. SENATE
            March 24, 1992
            LETTER                       No. Pgs:  1
            14.01.4                      Document No.  000004
Title:
Addressee:
Authors:
Date:
Format:
AR No.
Title:      Cover letter - Letter Sent to Congressman Studds
            on April 21, 1992 Regarding Use of Alternative
            Treatment Technologies.
Addressee:  EDWARD KENNEDY - U.S. SENATE
Authors:    JULIE BELAGA - EPA - REGION I
Date:       April 21, 1992
Format:      LETTER                       No. Pgs:  1
AR No.      14.01.5                      Document No.  000005
Title:
Addressee:
Authors:
Date:
Format:
AR No.
            Cover letter - Letter Sent to Congressman Studds
            on April 21, 1992 Regarding Use of Alternative
            Treatment Technologies.
            JOHN KERRY - U.S. SENATE
            JULIE BELAGA - EPA - REGION I
            April 21, 1992
            LETTER                       No. Pgs:  1
            14.01.6  .                    Document No.  000006

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               ADMINISTRATIVE RECORD  INDEX               04/23/99
                    NEW BEDFORD HARBOR                 Page     40
                  HOT SPOT OPERABLE UNIT

Title:      Incineration Considered as Best Treatment
            Technology for the New Bedford Harbor Superfund
            Site  (Hot Spot).
Addressee:  GERRY STUDDS - U.S. HOUSE OF REPRESENTATIVES
Authors:    JULIE BELAGA - EPA - REGION I
Date:       April 21, 1992
Format:     LETTER                       No.  Pgs:   2
AR No.      14.01.7                      'Document No.   000007

Title:Letter in Response to the Review  of Technologies
            as Alternatives to Incineration for the New
            Bedford Superfund Site.
Addressee:  JULIE BELAGA - EPA - REGION I
Authors:    EDWARD KENNEDY, JOHN KERRY - U.S. SENATE
.Date:       May 11, 1992
Format:     LETTER                       No.  Pgs:   2
AR No.      14.01.8                      Document No.   000009

Title:Letter Expressing Concerns Regarding EPA's
            Proposed Cleanup Plan for the Acushnet  Bay,  Lower
            New Bedford Harbor, and Parts of  Buzzards  Bay.
Addressee:  JULIE BELAGA - EPA - REGION I
Authors:    GERRY STUDDS - U.S. HOUSE OF REPRESENTATIVES
Date:       May 15, 1992
Format:     LETTER                       No.  Pgs:   2
AR No.      14.01.9                      Document No.   000010

Title:Response to Letter of May 11, 1992 Requesting
            Additional Information on EPA's Review  of
            Technologies for the Remediation  of the Hot Spot.
Addressee:  JOHN KERRY - U.S. SENATE
Authors:    JULIE BELAGA - EPA - REGION I
Date:       June 12, 1992
Format:     LETTER                       No.  Pgs:   3
AR No.      14.01.10                     Document No.   000011
Title:
Addressee;
Authors:
Date:
Format:
AR No.
Response to Letter of May 11,1992 Requesting
Additional Information on EPA's Review of
Technologies for the Remediation of the Hot Spot.
EDWARD KENNEDY - U.S. SENATE
JULIE BELAGA - EPA - REGION I
June 12, 1992
LETTER                       No. Pgs:  3
14.01.11                     Document No.  000012

-------
Title:
Addressee:
Authors:
Date:
Format:
AR No.
               ADMINISTRATIVE  RECORD  INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
                                             04/23/99
                                          Page    41
Title:      Letter of Support  for Overturning  the  Decision to
            Incinerate PCBs.
Addressee:  WILLIAM REILLY  - EPA-HEADQUARTERS
Authors:    BARNEY FRANK  - U.S. HOUSE OF REPRESENTATIVES
Date:       June 17, 1992
Format:     LETTER                       No. Pgs:   1
AR No.      14.01.12                     Document  No.   000013
Response to Gerry Studds Letter of May 15, 1992
Which Commented on the Proposed Plan for the
Estuary/Lower Harbor/Bay Portion of New Bedford
Harbor.
GERRY STUDDS - U.S. HOUSE OF REPRESENTATIVES
JULIE BELAGA - EPA - REGION I
June 18, 1992
LETTER                       No. Pgs:  2
14.01.13                     Document No.  000014
Title:

Addressee:
Authors:
Date:
Format:
AR No.
Request Suspension of the Incineration of PCBs in
Favor of an Alternative Method.
CAROL BROWNER - EPA-HEADQUARTERS
BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
January 22, 1993
LETTER                       NO. Pgs:  2
14.01.14                     Document No.  000017
Title:      Letter Identifying Incineration as the Best
            Treatment Technology.
Addressee:  BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
Authors:    RICHARD GUIMOND - EPA-HEADQUARTERS
Date:       March  8, 1993
Format:     LETTER                       No. Pgs:  3
AR No.      14.01.15                     Document No.  000015

Title:Request for an On-Site Test of Thermal Gas-Phase
            Reductive Chlorination.
Addressee:  CAROL BROWNER - EPA-HEADQUARTERS
Authors:    EDWARD KENNEDY, JOHN KERRY - U.S. SENATE
Date:       July  9, 1993
Format:     LETTER                       No. Pgs:  2
AR No.      14.01.16                     Document No.  000016

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page    42
Title:      Support for Incineration as the Established
            Remedy for the New Bedford Superfund Site.
Addressee:  EDWARD KENNEDY - U.S. SENATE
Authors:    HENRY LONGEST - EPA-HEADQUARTERS
Date:       August 18, 1993
Format:      LETTER                       No. Pgs:  2
AR No.      14.01.17                     Document No.  000018

Title:Request to Reconsider the Termination of the
            Incineration Remedial Treatment Technology.
Addressee:  BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
Authors:    JOHN MORAN - LABORERS HEALTH & SAFETY FUND
Date:       August 20, 1993
Format:      LETTER                       No. Pgs:  6
AR No.      14.01.18                     Document No.  000019

Title:Discussion of Issues Involving the Incineration
            of PCBs in New Bedford.
Addressee:  CAROL BROWNER - EPA-HEADQUARTERS
Authors:    BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
Date:       October 12, 1993
Format:      LETTER                       No. Pgs:  3
AR No.      14.01.19                     Document No.  000021

Title:Reopening Discussions about the Method of Cleanup
            at the New Bedford Harbor Superfund Site.
Addressee:  PAUL KEOUGH - EPA - REGION I
Authors:    EDWARD KENNEDY, JOHN KERRY, BARNEY FRANK - U.S.
            SENATE
Date:       October 19, 1993
Format:      LETTER                  "     No. Pgs:  2
AR No.      14.01.20                     Document No.  000020

Title:Reopening the Question of How Best to Deal-with
            the PCB Problem in New Bedford.
Addressee:  PAUL KEOUGH - EPA - REGION I
Authors:    BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
Date:       November  2, 1993
Format:      LETTER                       No. Pgs:  1
AR No.      14.01.21                     Document No.  000027

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                ADMINISTRATIVE RECORD INDEX
                     NEW BEDFORD HARBOR
                   HOT SPOT OPERABLE UNIT
                                             04/23/99
                                           Page    43
 Title:
 Addressee:
 Authors:
 Date:
 Format:
 AR No.
 Response to Senator Edward Kennedy's Letter of
 October 19,  1993  to Hold a Forum on the Issue of
 Incineration.
 EDWARD  KENNEDY  -  U.S.  SENATE
 PAUL KEOUGH - EPA - REGION I
 November  8, 1993
 LETTER           •             No.  Pgs:   2
 14.01.22                     Document  No.   000022
Title:
Addressee:
Authors:
Date:
Format:
AR No.
Response to Representative Barney Frank's  Letter
of October 19, 1993 to Hold  a  Forum  on  the Issue
of Incineration.
BARNEY FRANK  - U.S. HOUSE OF REPRESENTATIVES
PAUL KEOUGH - EPA  - REGION I
November  8,  1993
LETTER                       No.  Pgs:   2
14.01.23                     Document No.   000023
Title:
Addressee;
Authors:
Date:
Format:
AR No.
Response to Senator John Kerry's Letter of
October 19, 1993 to Hold a Forum on the Issue  of
Incineration.
JOHN KERRY - U.S. SENATE
PAUL KEOUGH - EPA - REGION I
November  8, 1993
LETTER
14.01.24
No.  Pgs:  2
Document No.
                                                        000024
Title:

Addressee;

Authors:
Date:
Format:
AR No.
Reconsider Support of Incineration as the
Acceptable Treatment Technology.
DANIEL GREENBAUM - MA DEPT OF ENVIRONMENTAL
PROTECTION
BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
December 16, 1993
LETTER                       No. Pgs.  ^
14.01.25-                     Document No.  000025
Title:
Addressee:
Authors:

Date:
Format:
AR No.
Response to Representative Barney Frank's Letter
on the Reconsideration of Incineration as the
Chosen Treatment Technology.
BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
DANIEL GREENBAUM - MA DEPT OF ENVIRONMENTAL
PROTECTION
December 29, 1993
LETTER                       No. Pgs:  2
14.01.26                     Document No.  000026

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               ADMINISTRATIVE RECORD INDEX
                    NEW BEDFORD HARBOR
                  HOT SPOT OPERABLE UNIT
  04/23/99
Page    44
Title:      Concern Regarding Change in the Cleanup Remedy at
            the New Bedford Harbor Superfund Site.
Addressee:  STROM THURMOND - U.S. SENATE
Authors:    BENEDICT ROSEN - AVX CORPORATION
Date:       March 24, 1994
Format:     LETTER                       No. Pgs:  4
AR No.      14.01.27                     Document No.  000029

Title:Establishment of a Community Forum to Review
            Alternatives to On-Site Incineration.
Addressee:  STROM THURMOND - U.S. SENATE
Authors:    JOHN DEVILLARS - EPA - REGION I
Date:       May 11, 1994
Format:     LETTER                       No. Pgs:  3
AR No.      14.01.28                     Document No.  000028

Title:EPA Reviewing Alternatives to On-Site
            Incineration at Community Forum.
Addressee:  ERNEST ROLLINGS - U.S. SENATE
Authors:    JOHN DEVILLARS - EPA - REGION I
Date:       May 27, 1994
Format:     LETTER                       No. Pgs:  3
AR No.      14.01.29                     Document No.  000031

Title:EPA Reviewing Alternatives to On-Site
            Incineration at Community Forum.
Addressee:  ARTHUR RAVENEL - U.S. HOUSE OF REPRESENTATIVES
Authors:    JOHN DEVILLARS - EPA - REGION I
Date:       June  1, 1994
Format:     LETTER                       No, Pgs:  3
AR No.      14.01.30                     Document No.  000030

Title:      Response to Representative Barney Frank's Letter
            of January 25, 1996 Regarding the Performance of
            Treatability Studies.
Addressee:  BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
Authors:    JOHN DEVILLARS - EPA - REGION I
Date:       March  1, 1996
Format:     LETTER                       No. Pgs:  2
AR No.      14.01.31                     Document No.  000032

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                       ADMINISTRATIVE RECORD INDEX
                            NEW BEDFORD HARBOR
                          HOT SPOT OPERABLE UNIT
  04/23/99
Page    4 5
        Title:      Discussion of New Bedford Harbor Superfund
                    Community Forum's Position on Site Cleanup.
        Addressee:  BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
        Authors:    CLAUDIA KIRK - NEW BEDFORD HARBOR SUPERFUND FORUM
        Date:       July 26, 1997
        Format:     LETTER                       No. Pgs:  10
        AR No.      14.01.32                     Document No.  000040

        Title:Issues Raised Regarding the New Bedford Harbor
                    Cleanup Process.
        Addressee:  JIM BROWN - EPA - REGION I
        Authors:    BARNEY FRANK - U.S. HOUSE OF REPRESENTATIVES
        Date:       September 16, 1998
        Format:     LETTER                       No. Pgs:  1
        AR No.      14.01.33                     Document No.  000233
17.08   SITE MANAGEMENT RECORDS - STATE AND LOCAL TECHNICAL RECORDS

        Title:Letter Against the Incineration Process at the
                    New Bedford Harbor Superfund Site/Hot Spot.
        Addressee:  DANIEL GREENBAUM - MA DEPT OF ENVIRONMENTAL
                    PROTECTION
        Authors:    GEORGE ROGERS - CITY OF NEW BEDFORD
        Date:       October  4, 1993
        Format:      LETTER                       No. Pgs:  2
        AR No.      17.08.-1                      Document No.  000198
          *Attached to Document No. 000196 In 13.01

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                                Guidance Documents
The EPA guidance documents listed below were considered during the process of selecting the
response action for  the New Bedford Harbor Hot Spot Operable Unit.  These EPA guidance
documents may be reviewed at the EPA Region I Superfund Records Center.

 1-    Conducting Remedial  Investigations/Feasibility Studies for CERCLA Municipal Landfill
      Sites. OSWER #9355.3-11. February 1, 1991.   [C177]

 2-    Feasibility Study - Development and Screening of Remedial Action Alternatives [Quick
      Reference Fact Sheet]. OSWER #9355.3-01FS3. November 1, 1989.  [2018]

 3-    Guidance on Feasibility  Studies Under CERCLA.  EPA 540/G-85-003  June 1  1985
      [C034]

 4-    Guidance on Preparing Superfund Decision Documents: The Proposed Plan, the Record of
      Decision. ESD's. ROD Amendment.  Interim Final. OSWER #93 55 3-02 Aprils  1989
      [C179]                                                                '

 5     Guidance on Remedial Actions for Superfimd Sites with PCB Contamination. OSWER*
      9355.4-01. August 1,  1990.  [2014]

 6-    Guide for Conducting Treatabilitv Studies Under CERCLA. Interim Final. EPA/540/2-
      89/058. December 1, 1989.  [2015]

 7-    Guide on Remedial Actions at Superfund Sites with PCB Contamination [Quick Reference
      Fact Sheet]. OSWER #9355.4-01FS. August 1, 1990.  [C254]

 8     Guide to Addressing Pre-ROD and Post-RQD Changes OSWER#9355.3-02FS-4  April
      1, 1991.  [C259]

 9     Guide to  Selecting  Superfund Remedial Actions.  EPA/540/2-89/052  March 1  1989
      [2322].

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       Appendix C - State Concurrence Letter

        New Bedford Harbor Superfund Site
Amended Record of Decision for the Hot Spot Sediments

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                           COMMONWEALTH OF MASSACHUSETTS
                           EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
                           DEPARTMENT OF ENVIRONMENTAL PROTECTION
                           ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
ARGEO PAUL CELLUCCI
Governor

JANE SWIFT
Lieutenant Governor
     Ms. Patricia Meaney, Director
     Office of Site Remediation and Restoration
     U.S. EPA
     JFK Federal Building
     Boston, MA 02203
    BOB DURAND
        Secretary

EDWARD P. KUNCE
Acting Commissioner
                                                         April 23,1999
                        Re: Amended ROD - State Concurrence Letter
                          Hot Spot Operable Unit #2
                          ' New Bedford Harbor Superfund Site
     Dear Ms. Meaney:
     The Department of Environmental Protection (DEP) has reviewed the preferred remedial action
     alternative recommended by the EPA for the cleanup of the Hot Spot Operable Unit at the New
     Bedford Harbor Superfund Site. The DEP concurs with the selection of the preferred alternative for
     this operable unit.

     The DEP has evaluated the EPA's preferred alternative for consistency with M.G.L. Chapter 21E,
     and the Massachusetts Contingency Plan  (MCP).  The preferred alternative addresses  the
     contaminated sediments that were previously dredged and are currently being stored in a Confined
     Disposal Facility in New Bedford.  This Operable Unit's amended remedial action has four
     components:

            1)  Upgrade site facilities;
           2)  Remove the Hot Spot sediment from the Confined Disposal Facility (CDF);
           3)  Sediment dewatering and water treatment; and
           4)  Sediment disposal to an appropriate disposal facility off site.

     The DEP has determined that the preferred alternative for this Operable Unit is a remedial action on
     a portion of the disposal site which would be consistent with a future permanent or temporary
     solution for the entire disposal site. M.G.L. Chapter 21E allows the implementation of remedies on
     portions of a disposal site.
                    This tefmution b avaHable in literate format by calling «ur ADA CMntiaator at <«7) 574-6871.

                            DEP on the World Wide Vtfeb: httpV/Www.magnetstate.ma.us/ctep
                                     O Printed on Recycled Paper

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State ROD Concurrence
April 23,1999
Page 2
EPA's current project managers, Jim Brown and Dave Dickerson, should be commended for a
superb job in managing this complex project. Their efforts to include the State and the public in the
Superfund process at this site have been greatly appreciated.

The Department looks forward to working with you in implementing the preferred alternative. If
you have any questions, please contact Paul Craffey at 292-5591.
                                                     Very truly yours,
                                                                   c.
                                                     Deirdre C. Menoyo,
                                                     Assistant Commissioner
                                                     Bureau of Waste Site Cleanup
cc: Millie Garcia-Surette, Deputy Regional Director, SERO


DBS/BWSC/pc

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           Appendix D - References Cited

        New Bedford Harbor Superfund Site
Amended Record of Decision for the Hot Spot Sediments

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                        APPENDIX D - REFERENCES CITED

 City of New Bedford, 1993. City of New Bedford, Code of City Ordinances, Chapter 15,
 Licenses and Permits; Business Regulations, Article III, Proposed amendments to Sec 15-70
 (June 10, 1993).

 Forum Agreement, 1998.  New Bedford Harbor Superfund Site Community Forum
 Recommendation.  June-July 1998.

 Foster Wheeler, 1997a. Draft Final New Bedford Harbor Hot Spot Feasibility Study Addendum,
 New Bedford, Massachusetts. December 1997.

 Foster Wheeler, 1997b. New Bedford Harbor Hot Spot Treatability Study Data Compendium
 Volumes H-X.  September 1997.

 NUS Corporation (NUS), 1984. Draft Feasibility Study of Remedial Action Alternatives,
 Acushnet River Estuary Above Coggeshall Street Bridge, New Bedford Site, Bristol County,
 Massachusetts. August 1984.

 USAGE, 1991a. Construction Plans for the New Bedford Harbor Superfund Hazardous Waste
 Cleanup, Hot Spot Operable Unit, New Bedford, Massachusetts. US Army Corps of Engineers,
 Omaha District.  December 1991.

 USAGE, 1991b. Final Design Analysis, New Bedford Harbor/Hot Spot Operable Unit
 Superfund Site, Contract No. DACW 45-91-C-0010,  Interagency Agreement No. DW96934684-
 0, New Bedford, Massachusetts. November 1991.

 USAGE, 1991c. Specifications (For Construction Contract), Request for Proposal No.
 DACW45-92-R-0020, Hazardous Waste Cleanup, New Bedford Harbor/Hot Spot Operable Unit,
 Volumes 1-2. December 1991.

 USEPA, 1990.  Record of Decision, New Bedford Harbor Hot Spot Operable Unit, New
Bedford, Massachusetts.  U.S. Environmental Protection Agency, Region I. April 1990.

 USEPA, 1992.  New Bedford Harbor Site, Hot Spot Operable Unit, Explanation Of Significant
Difference. April 1992.

USEPA, 1995.  New Bedford Harbor Superfund Site, Hot Spot Operable Unit, Explanation Of
 Significant Difference for Continued Storage of Hot Spot Sediments.  Prepared by the EPA-New
England. October 1995.

USEPA 1998a. Proposed Plan to Amend the 1990 Cleanup Plan for the New Bedford Hot Spot
 Sediments, New Bedford, MA. August 1998.

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USEPA 1998b. Record Of Decision for the Upper and Lower Operable Unit, New Bedford
Harbor Superfund Site, New Bedford, Massachusetts. September 1998.

VHB, 1996.  New Bedford Harbor Historic Overview, Natural Resources Uses Status Report.
Prepared by Vanasse Hangen Brustlin, Inc. For New Bedford Harbor Trustee Council. July
1996.

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