Commonwealth of Massachusetts

Executive Office of Energy & Environmental Affairs

Department of Environmental Protection

Western Regional Office• 436 Dwight Street, Springfield MA 01103 • 413-784-1100

Charles D. Baker Matthew A. Beaton

Governor Secretary

Karyn E. Polito Martin Suuberg

Lieutenant Governor Commissioner

December 1, 2017

Mr. James E. Gagnon, P.E. &

fy1r. Edward J. Weagle, LSP
O'Reilly, Talbot & Okun
293 Bridge Street Suite 500
Springfield, MA O1103

RE: PEDA Site #3

Proposed Berkshire Innovation Center
Pittsfield, Massachusetts

Dear Messrs. Gagnon and Weagle:

I am writing in response to your letter of November 20, 2017 regarding the Pittsfield Economic
Development Authority's (PEDA) stated position that an amendment to the existing 30s
Complex Amended Grant of Environmental Restriction and Easement (ERE), dated June 19,
2013, is not necessary for the intended use of the Berkshire Innovation Center facility. You
disagree with the Department's position that the ERE would need to be amended to allow
PEDA's proposed educational uses at the site, as the ERE currently prohibits educational use for
children under eighteen years of age.

The ERE was developed to prevent future site users from potential health effects as the cleanup
and restoration of the site allowed for polychlorinated biphenyls (PCBs) to remain in site soil at
concentrations that would be protective for certain site activities or uses. The guidelines used to
develop the ERE that are outlined in the Definitive Economic Development Agreement between
PEDA and General Electric Company were based on an intended light-industrial or office use of
the site while specifically prohibiting those activities and uses that would allow children to be
present. Some of the proposed activities and uses listed in your letter identify site use by
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751.
TTY# MassRelay Service 1-800-439-2370
MassOEP Website: www.mass.gov/dep
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December I, 2017
PEDA Site #3
Proposed Berkshire Innovation Center
Pittsfield, Massachusetts

children under 18 years of age for educational purposes. For example, you identify the
possibility of high school students to be present on site for training and education. This group of
individuals for this site use is clearly restricted under Paragraph 3 of the ERE, and the plain and
clear language used in Paragraph 3 of the ERE identifying restricted activities and uses is not
subject to interpretation. We have consulted with U.S. EPA on this matter and they fully concur
with our determination.

The Department fully supports PEDA's redevelopment efforts of the Berkshire Innovation
Center and is willing to provide technical assistance on this matter. As explained to you
previously, there is a mechanism to amend the ERE so that the site uses are commensurate with
whatever development use is proposed (outlined in Paragraph 15 .B of the ERE). At a minimum,
further site evaluation of risks would be required to assure that current site conditions would be
protective of sensitive populations, such as children under 18. To support this evaluation, PEDA
could, among other tasks, evaluate applicable data in the DATA EVALUATION REPORT 30s
·Complex Water Quality Basin and General Commercial Area Net-Cuts (December 7, 2009). Ifit
is determined that current PCB concentrations would not be protective or if sufficient data do not
exist to adequately make this determination, then additional sampling and potentially further
remediation may be required.

We are happy to assist PEDA and its consultants with any questions regarding amendment of the
ERE. Please contact me at (413) 755-2228 should you wish to discuss the amendment process.

Sincerely,

/lJlv
ohn Ziegle
Section Chie
MassDEP Western Region
Bureau of Waste Site Cleanup

ec: Eva Tor, MassDEP Western Region

Christine LeBel, MassDEP Western Region
Andy Cohen, MassDEP Boston
John Kilborn, US EPA Region I
Dean Tagliaferro, US EPA Region I
Corydon Thurston, PEDA
Barbara Landau, Noble, Wickersham & Heart LLP