Harbor Cleanup Plans and Legal/Administrative Records
This page includes the Harbor Cleanup Plans and site Administrative Records.
On this page:
- 2017 Sixth Explanation of Significant Differences (ESD)
- 2015 Fifth Explanation of Significant Differences (ESD)
- Supplemental Consent Decree with AVX Corp.
- 2012 EPA Enforcement Order to AVX Corp.
- 2011 Lower Harbor CAD Cell Explanation of Significant Differences (ESD)
- 1998 Record of Decision (ROD) and ESDs
- 1990 Record of Decision (ROD), ESDs, ROD Amendment
2017 Sixth Explanation of Significant Differences (ESD)
- Final Sixth Explanation of Significant Differences (ESD6), September 2017 (pdf)
- Administrative Record (AR) Index for Draft Sixth Explanation of Significant Differences (ESD) 6 for Public Comments (pdf)
- Administrative Record Collection: Draft Sixth ESD for Public Comment, 06-27-2017
- Draft Sixth ESD, 2017 (pdf)
2015 Fifth Explanation of Significant Differences (ESD)
- Administrative Record Index, OU1 Final Fifth Explanation of Significant Differences (ESD5), July 2015 (pdf)
- Final Fifth Explanation of Significant Differences (ESD5), July 16, 2015 (pdf)
- Administrative Record Index for the Draft Fifth Explanation of Significant Differences (ESD) for Public Comment, April 22, 2015 (pdf)
- Draft Fifth Explanation of Significant Differences (ESD) for Public Comment, April 2015 (pdf)
These records are also available at EPA New England's office in Boston and at the New Bedford Public Library.
Supplemental Consent Decree with AVX Corp.
On September 19, 2013, after oral argument the day before, the U.S. District Court for the District of Massachusetts approved the Supplemental Consent Decree, which will require AVX Corp. to pay $366.25 million plus interest to allow EPA to accelerate the cleanup of PCB contaminated sediment in the Harbor.
- Supplemental Consent Decree (CD) with Defendant AVX Corporation, Entered by the Court on September 19, 2013 (pdf)
- Supplemental Consent Decree with Defendant AVX Corporation, lodged with the Court on October 10, 2012 (pdf)
- Motion to Enter Supplemental Consent Decree, filed with the Court on June 11, 2013 (pdf)
- Memorandum in Support of Motion to Enter Supplemental Consent Decree, filed with the Court on June 11, 2013 (pdf)
- Responses to Public Comments on the Proposed Supplemental Consent Decree with Defendant AVX Corporation, June 11, 2013 (filed with the Court as Exhibit 1) (pdf)
- Declaration of Elaine T. Stanley in Support of Motion to Enter Supplemental Consent Decree, May 30, 2013 (filed with the Court as Exhibit 2) (pdf)
- Declaration of James E. Woolford in Support of Motion to Enter Supplemental Consent Decree, May 30, 2013 (filed with the Court as Exhibit 3) (pdf)
- Public Comments on Supplemental Consent Decree, listed by Bates numbers for filing with the Court (filed with the Court as Exhibit 4) (pdf)
- Community Update on the New Bedford Harbor Supplemental Consent Decree with AVX Corporation, June 11, 2013 (pdf)
- Community Update on New Bedford Harbor Issues, December 21, 2012 (pdf)
- Additional Frequently Asked Questions, October 25, 2012 (pdf)
- Frequently Asked Questions, October 10, 2012 (pdf)
- News Release October 10, 2012: AVX Corp. to Pay $366 Million in Settlement, Accelerating Cleanup of New Bedford Harbor Contamination in Massachusetts
The following three sets of public comments are duplicative of the full set of public comments (which includes Bates numbers for filing with the Court) listed above and were posted on this website following the close of the public comment period for the proposed Supplemental Consent Decree:
- Public Comments (Other than Buzzards Bay Coalition's and the E-Petition) on Proposed Settlement with AVX Corp, submitted on or before December 17, 2012
- From Dowton, David (US EPA) to Ng, Man Chak (US EPA Region 1), 10/11/2012 (pdf)
- From Vilandry, Karen (Fairhaven (MA) - Resident of), 10/24/2012 (pdf)
- From Ng, Man Chak (US EPA Region 1) to Vilandry, Karen (Fairhaven (MA) - Resident of), 10/25/2012 (pdf)
- From Kennedy, Thomas A (New Bedford (MA) - City of) to US Department of Justice, 10/25/2012 (pdf)
- From Kennedy, Thomas A (New Bedford (MA) - City of) to US Department of Justice, 10/25/2012 (pdf)
- From Vilandry, Karen (Fairhaven (MA) - Resident of) to Jackson, Lisa P (US EPA), 11/1/2012 (pdf)
- From Phinney, Malcolm (Wareham (MA) Town of) to US Department of Justice, 11/2/2012 (pdf)
- From McMullen, Rebecca (US DOJ) to MacLaughlin, Jerry (US DOJ); Tashima, Keith (US DOJ); Levine, Bradley L (US DOJ), 11/5/2012 (pdf)
- From McMullen, Rebecca (US DOJ) to Levine, Bradley L (US DOJ); MacLaughlin, Jerry (US DOJ); Tashima, Keith (US DOJ), 11/5/2012 (pdf)
- From McMullen Rebecca (US DOJ) to MacLaughlin, Jerry (US DOJ); Levine, Bradley L (US DOJ); Tashima, Keith (US DOJ), 11/6/2012 (pdf)
- From McMullen, Rebecca (US DOJ) to MacLaughlin, Jerry (US DOJ); Levine, Bradley L (US DOJ); Tashima, Keith (US DOJ), 11/6/2012 (pdf)
- From D'Haiti, Valencia (US Department of Justice) to US Department of Justice, 11/7/2012 (pdf)
- From Ng, Man Chak (US EPA Region 1) to Vilandry, Karen (Fairhaven (MA) - Resident of), 11/9/2012 (pdf)
- From Barboza, Jonathan to US Department of Justice, 11/27/2012 (pdf)
- From Bourne, Mark to US Department of Justice, 11/30/2012 (pdf)
- From Calusine, William to US Department of Justice, 11/30/2012 (pdf)
- From Costas, Steven to US Department of Justice, 11/30/2012 (pdf)
- From Dempsey, Steve to US Department of Justice, 11/30/2012 (pdf)
- From Durkee, Mal to US Department of Justice, 11/30/2012 (pdf)
- From Garfield, Becky to US Department of Justice, 11/30/2012 (pdf)
- From Hammond, Susan (SC Hammond Advisors) to US Department of Justice, 11/30/2012 (pdf)
- From Legault, Rich to US Department of Justice, 11/30/2012 (pdf)
- From Marcus, Donald to US Department of Justice, 11/30/2012 (pdf)
- From Myerson, Joseph to US Department of Justice, 11/30/2012 (pdf)
- From Kelley, Bob to US Department of Justice, 12/1/2012 (pdf)
- From Payne, Dick to US Department of Justice, 12/1/2012 (pdf)
- From Ross, Brenda to US Department of Justice, 12/1/2012 (pdf)
- From Farrell, John (Rail Development Group) to US Department of Justice, 12/3/2012 (pdf)
- From Nardi, Edward to US Department of Justice, 12/3/2012 (pdf)
- From Savino, Aneshia to US Department of Justice, 12/10/2012 (pdf)
- From Montigny, Mark (MA Senate) to US Department of Justice, 12/13/2012 (pdf)
- From Tashima, Keith (US Department of Justice) to Moss, Karen (US Department of Justice), 12/14/2012 (pdf)
- From Johnson, Gary (Mattapoisett Land Trust Inc.) to US Department of Justice, 12/14/2012 (pdf)
- From Costello, Lauren (New Bedford Economic Development Council) to US Department of Justice, 12/14/2012 (pdf)
- From Stieb, Jeffrey D (Harbor Development Commission) to US Department of Justice, 12/14/2012 (pdf)
- From Anthes-Washburn, Edward (MA Commonwealth of) to US Department of Justice, 12/17/2012 (pdf)
- From Bernier, Pierre (Maritime Terminal Inc) to US Department of Justice, 12/17/2012 (pdf)
- From Chase, MacKenzie to US Department of Justice, 12/17/2012 (pdf)
- From Dade, Chuck to US Department of Justice, 12/17/2012 (pdf)
- From Dade, Chuck to US Department of Justice, 12/17/2012 (pdf)
- From Dade, Chuck to US Department of Justice, 12/17/2012 (pdf)
- From Vilandry, Karen (Fairhaven (MA) - Resident of) to US Department of Justice, 12/17/2012 (pdf)
- From Mello, Neil to US Department of Justice, 12/17/2012 (pdf)
- From Nersesian, Jennifer T (National Park Service) to US Department of Justice, 12/17/2012 (pdf)
- From Straus, William M (MA House of Representatives) to US Department of Justice, 12/17/2012 (pdf)
- Buzzards Bay Coalition Comments on Proposed Settlement with AVX Corp, December 17, 2012 (pdf)
- E-Petition Signatures and Corresponding Comments on Proposed Settlement with AVX Corp, submitted on or before December 17, 2012 (pdf)
2012 EPA Enforcement Order to AVX Corp. (Administrative Record posted 5/7/12)
- Transcript of U.S. District Court Hearing on Motion to Enter the Supplemental Consent Decree with AVX (pdf)
- Rescission of Unilateral Administrative Order for Remedial Design, Remedial Action, and Operation and Maintenance, November 26, 2013 (pdf)
- Letter Transmitting the Rescission of Unilateral Administrative Order for Remedial Design, Remedial Action, and Operation and Maintenance, November 26, 2013 (pdf)
- Eleventh Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, October 31, 2013 (pdf)
- Letter Transmitting the Eleventh Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, October 31, 2013 (pdf)
- Tenth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, August 29, 2013 (pdf)
- Letter Transmitting the Tenth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, August 29, 2013 (pdf)
- Ninth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance with Transmittal Letter, June 20, 2013 (pdf)
- Eighth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, April 30, 2013 (pdf)
- Transmittal Letter for Eighth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, April 30, 2013 (pdf)
- Seventh Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, March 1, 2013 (pdf)
- Sixth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, January 3, 2013 (Transmittal Letter Attached) (pdf)
- Fifth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action and Operation and Maintenance, November 1, 2012 (pdf)
- Letter Transmitting the Fifth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, November 1, 2012 (pdf)
- Fourth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action and Operation and Maintenance, October 1, 2012 (pdf)
- Letter Transmitting the Fourth Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, October 1, 2012 (pdf)
- Third Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action and Operation and Maintenance, August 2, 2012 (pdf)
- Letter Transmitting the Third Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design, Remedial Action, and Operation and Maintenance, August 2, 2012 (pdf)
- Letter Transmitting Second Modification of Effective Date of Unilateral Administrative Order, July 18, 2012 (pdf)
- Second Modification of Effective Date of Unilateral Administrative Order for Remedial Design, Remedial Action, and Operation and Maintenance, July 18. 2012 (pdf)
- Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design/Remedial Action and Operation and Maintenance, June 18, 2012 (pdf)
- Transmittal Letter for Modification of Effective Date of Unilateral Administrative Order (UAO) for Remedial Design/Remedial Action and Operation and Maintenance, June 18, 2012 (pdf)
- Unilateral Administrative Order (UAO) for Remedial Design/Remedial Action and Operation and Maintenance, OU1, April 18, 2012 (pdf)
- Administrative Record Index for the Unilateral Administrative Order (UAO) for Remedial Design/Remedial Action and Operation and Maintenance, April 18, 2012 (Doc ID: 509322)
2011 Lower Harbor CAD Cell Explanation of Significant Differences (ESD)
This section describes and provides documents related to the official decision to use a CAD Cell to help cleanup New Bedford Harbor. For further background information and data about the lower harbor CAD Cell and to find out how to get involved click here.
- Lower Harbor CAD Cell Fourth Explanation of Significant Differences for the New Bedford Harbor Superfund Site (OU 1), March 2011 Final (pdf)
- Public Comments on the CAD Cell ESD for New Bedford Harbor Superfund Site (OU 1 ESD#4), Released November 2010 (Doc IDs: 472646 - 472693)
Administrative Record for the Lower Harbor Cad Cell ESD
1998 Record of Decision (ROD) and ESDs
After an extensive process of studying New Bedford Harbor and developing consensus for a solution to the widespread PCB problem in the Upper and Lower Harbor areas, EPA issued a final ROD in September 1998. The selected remedy calls for dredging and shoreline containment of approximately 450,000 cubic yards of contaminated sediment and wetlands in four combined disposal facilities (CDFs). (See Current Site Status for more information on the progress being made on the harbor-wide cleanup.)
Explanation of Significant Differences (ESDs) Documents to the 1998 Record of Decision
- Third Explanation of Significant Differences (ESD) OU1 for Temporary Storage of Sediments in Cell #1, March 3, 2010 (pdf)
- New Bedford Harbor, Explanation of Significant Differences for the Upper and Lower Harbor Operable Unit, August 2002 (pdf)
- New Bedford Harbor, Explanation of Significant Differences for the Upper and Lower Harbor Operable Unit, September 27, 2001 (pdf)
Administrative Record for the 1998 Record of Decision (ROD) for the Upper and Lower Harbor, (Operable Unit 1)
- Upper and Lower Operable Unit, Administrative Record Index for the Record of Decision (ROD), September 25, 1998 (Doc ID: 494734)
- New Bedford Harbor, Administrative Record for Access Order to APRAK Realty Trust, January 2001
- Upper and Lower Operable Unit, Remedial Administrative Record Supplement for the Explanation of Significant Differences, September 2001 (Doc ID: 34589)
- Upper and Lower Operable Unit, Remedial Administrative Record Supplement for the Explanation of Significant Differences, August 2002 (Doc ID: 35028)
- Administrative Record (AR) #61472 Operable Unit 1 - Upper and Lower Harbor Explanation of Significant Differences (ESD) 2010 Upper and Lower Harbor ESD Dated: March 2010 (Doc ID: 462689)
- Administrative Record Index, Confined Aquatic Disposal (CAD) Cell Explanation of Significant Differences (OU 1 ESD #4), March 2011 (Doc ID: 479464)
1990 Record of Decision (ROD), ESDs, ROD Amendment
- Record of Decision OU 2 Hot Spot, April 6, 1990 (pdf)
- Amended Record of Decision, April 27, 1999 (pdf)
Explanation of Significant Differences (ESDs) Documents to the 1990 Record of Decision
Administrative Record for the 1990 Record of Decision for the Hot Spot Area (Operable Unit 2)
- Hotspot Proposed Plan, August 1, 1998 (pdf)
- Hot Spot Operable Unit, Administrative Record Index for the Record of Decision (ROD), April 6, 1990 (Doc ID: 288686)
- Hot Spot Operable Unit, Administrative Record Index for the Explanation of Significant Differences (ESD), April 27, 1992, Amended June 2008 (Doc ID: 288689)
- Hot Spot Operable Unit, Administrative Record Index for the Explanation of Significant Differences (ESD), October 30, 1995 (pdf)
- Hot Spot Operable Unit Administrative Record Index for the Record of Decision (ROD) Amendment, April 27, 1999
- Hot Spot Operable Unit, Administrative Record Index, OU 02, Administrative Access Order, September 10, 1993 (Doc ID: 446537)