UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


Region 1 


5 Post Office Square, Suite 100 


Boston, MA 02109-3912 


Mr. Ben Ericson November 17, 2014 

Assistant Commissioner 

Bureau ofWaste Site Cleanup 

Department ofEnvironmental Protection 

One Winter Street 

Boston, MA 02108 

Dear Mr. Ericson, 

As you know, the United States Environmental Protection Agency (EPA) is considering 

proposing the BJAT LLC site in Franklin, Massachusetts to the Superfund National 

Priorities List (NPL), pursuant to its authority under Section 105 ofthe Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 

U.S.C. Section 9605. The NPL contains a list ofpriority sites with releases of hazardous 

substances, pollutants or contaminants that require evaluation for possible remediation. It 

is EPA's policy to determine the state's position on sites that EPA is considering placing 

on the NPL. With this letter, EPA is seeking the concurrence ofthe Commonwealth of 

Massachusetts on adding the BJAT LLC site to the NPL. 

BJAT LLC is an 18.3 acre site which has not been active since approximately 1985. Prior 

to that time, the property was used for many industrial operations dating back to the late 

1800's, most predominantly the manufacture or nibber and plastic products. The site was 

also formerly operated as a beet sugar refinery and a poultry market. The Massachusetts 

Department ofEnvironmental Protection (MassDEP) has worked with the current 

property owner in the past to characterize the degree ofcontamination and to mitigate 

Imminent Hazard (IH) situations. In the recent past the site owner has become unwilling 

or unable to participate fully in these activities. There is documented soil and 

groundwater contamination at the site. The site is within 0.5 miles of a Town of Franklin 

groundwater supply well field. Beaver Pond, a recreational swimming area, is located 

along the surface water pathway less than o.ne (1) mile downstream. 

At the request ofthe MassDEP, EPA has been evaluating the site to determine if it 

qualifies for inclusion on the NPL. As part ofthis process, EPA and MassDEP provided a 

public briefing at a Franklin Board ofSelectmen's meeting to discuss the site and the 

Superfund process. Following that meeting, the Franklin Town Administrator, on behalf 

ofthe Board ofSelectmen, submitted a letter to the Commonwealth requesting that the 

state support efforts to place the site on the NPL. 
EPA is committed to working cooperatively with the Commonwealth and local 

community throughout the listing and subsequent Superfund cleanup process, and to 

ensuring that EPA's actions are conducted in an open and transparent manner. For a 

fund-financed remedial action prior to initiation of the remedial action, EPA and the 

Commonwealth will collaborate in the development ofa Superfund state contract to 

provide the state assurances required by CERCLA, inc1uding, for example, the state's 

statutory cost share for the remedial action and assumption ofoperation and maintenance 

responsibilities. 

EPA is requesting your assistance in obtaining a written response to this letter from the 

Governor by January 13, 2015. EPA has set this date to allow adequate time to meet the 

proposed rule schedule. The response letter should indicate whether the Commonwealth 

supports placement of the site on the NPL. EPA will be sharing information with the 

community regarding the Commonwealth's position, including posting the information 

on the internet 

We will continue to work closely with and seek input from the Commonwealth as the 

listing process proceeds. We appreciate your consideration of this matter. Ifadditional 

information is needed or you would like to meet to discuss this matter further, please call 

me at (617) 918-1201, or your staff may wish to contact Meghan Cassidy, Chief of the 

Superfund Technical and Enforcement Support Section at (617) 918-1387. 

Sincerely, 

v { li!uiW1,111W{ra,,l;!J'-­

James T. Wens, III, Director 


Office ofSite Remediation and Restoration 


cc: 	Jay Naparstek/MassDEP 


Mary Gardner/MassDEP 


Mike LeBlanc/MassDEP 


Matthew Fitzpatrick/MassDEP 


Doug Ammon/EPA OSRTI 


Terry Jeng/EPA OSRTI 


Nancy Barmakian/EPA Rl 


Stan Chin/EPA R 1 


Meghan Cassidy/BP A Rl 


Martha Bosworth/BP A R 1 


Kelsey O'Neil/EPA RI