### 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 of Waste Site Cleanup Department of Environmental 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 Li st (NPL), pursuant to its authority under Section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended, 42 U.S.C. Section 9605. The NPL contains a li s t ofpriority sites w ith 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 of Environmental Protection (MassDEP) has worked with the current propert y owner in the past to characterize the degree ofcontamination and to mitigate Imminent Hazard (IH) situations. In t he 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 ofthi s process, EPA and MassDEP provided a public briefing at a Franklin Board of Selectmen's meeting to discuss the s ite and the Superfund process. Following that meeting, the Franklin Town Administrator, on behalf ofthe Board of Selectmen, 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 th e 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 informa tion
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

. 

### If additional information is needed or you would like to meet to discuss this matter further, please call me at (6 17) 918-1201, or your staffmay wish to contact Meghan Cassidy, Chief of the Superfund Technical and Enforcement Support Section at (617) 918 -1387. Sincerely, 

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James T. 

### Wens, III, Director Office of Site Remediation and Restoration

cc: Jay Naparstek/MassDEP Mary Gardner/MassDEP Mike LeB lanc/MassDEP Matthew Fitzpatrick/MassDEP Doug Ammon/EPA OSRTI Terry Jeng/EPA OSRTI Nancy Barmakian/EPA Rl Stan Chin/EPA R 1 Meghan Cassidy/BPA Rl Martha Bosworth/ BPA R 1 Kelsey O'Nei l /EPA RI