Global Operations, Environment, Health & Safety

159 Plastics Avenue Pittsfield, MA 01201

November 21, 2016

BY FEDERAL EXPRESS: Mr. Kevin Boland CSX Environmental Rights of Entry Program CSX Transportation, Inc. 673 7 Southpoint Drive South, 1915 Jacksonville, Florida 32216

Re: CSXT Property in Pittsfield, MA-Tax Parcels Lll-4-11 and Lll-4-12

Dear Mr. Boland:

This letter relates to the above-referenced properties, which are owned by CSX Transportation, Inc. (CSXT) in Pittsfield, Massachusetts. As you will recall, a portion of each of these properties is subject to the Consent Decree (CD) that General Electric Company (GE) has executed with the United States, the Commonwealth of Massachusetts, and other governmental entities requiring GE to conduct sampling and, if necessary, cleanup at several areas at and near GE's former manufacturing facility in Pittsfield. The portions of the properties subject to that Decree are shown on the attached Figure 1 and are located within an area designated in the CD as the "Unkamet Brook Area." (These portions are referred to herein as "the CD portions" of the properties.) As depicted on Figure 1, the CD portions of the properties consist of the following:

• A narrow linear portion of Parcel L 11-4-12 that contains railroad tracks as part of a rail siding, but excluding the tracks themselves and the associated ballast ( which is assumed to extend to ten feet from the centerline of the railroad tracks), referred to herein as the "Rail Siding Area"; and

• A portion of Parcel L 11-4-11, a rail yard property owned by CSXT in the southern portion of the Unkamet Brook Area, together with another, small portion of Parcel Ll 1-4-12 located adjacent to and immediately to the south of Parcel L 11-4-11, jointly referred to as the "Rail Yard Area."

I am writing at this time because the CD portion of each of the properties is now subject to what the CD calls a "Conditional Solution." Under the Decree, GE is required to provide the owner of such a property with a letter explaining the terms of the Conditional Solution, as well as describing the remaining levels of chemicals in soil at the property.

GE OneEHS

November 21, 2016 Page2

Background

GE conducted extensive sampling of the soils at the Unkamet Brook Area, including the CD portions of the CSXT properties, to determine whether they contained levels of polychlorinated biphenyls (PCBs) or other chemicals that required cleanup under the CD. The sampling results from the CD portions of the properties were then compared to the applicable cleanup standards in the CD. These standards differ for the two areas of the properties. The Rail Siding Area was designated as a commercial/industrial area and was subject to the CD's cleanup standards for such areas, while the Rail Yard Area was designated as a non-industrial/recreational area and was subject to the CD's cleanup standards for those types of areas. The evaluation of these areas indicated that some soil cleanup actions would be necessary in both areas to meet the applicable cleanup standards. GE proposed those cleanup actions ( consisting of soil removal and replacement) in work plans submitted to the U.S. Environmental Protection Agency (EPA), which were approved by EPA. Copies of those work plans were provided to CSXT.

GE's review of the sampling results also indicated that, while these areas, following the soil cleanup, would meet the cleanup standards specified in the CD for the pertinent types of non­residential properties, those areas would not meet the standards that would apply if the areas were ever converted to residential or other unrestricted use ( or, for the Rail Siding Area, recreational use). For such non-residential properties, the CD provides two alternative approaches for addressing future uses and activities. The first would involve the owner's execution of a legal deed restriction on the property, known as a "Grant of Environmental Restriction and Easement" ( or "ERE" for short), which would allow continuation of the current non-residential uses of the property, but would place restrictions on future changes to different types of use (e.g., residential use) and on future excavations. Alternatively, if the owner elects not to execute an ERE for the property, GE is required to implement what is called a Conditional Solution. Under a Conditional Solution, as discussed further below, GE would agree to conduct cleanup (if necessary) in the future if the owner meets certain conditions demonstrating a commitment to implement a future use for which such cleanup is necessary.

On December 6, 2005, GE sent a letter to CSXT for Parcel Ll 1-4-11, explaining these options in more detail, asking whether CSXT wished to execute an ERE for that property, offering compensation in accordance with the CD for doing so, and stating that if CSXT elected not to execute an ERE, GE would implement a Conditional Solution at this property. By letter dated February 16, 2006, CSXT advised GE that it did not wish to execute an ERE for Parcel Ll 1-4­11. With regard to Parcel L 11-4-12, counsel to CSXT advised counsel to GE in a telephone conversation on October 27, 2009 that CSXT also did not wish to execute an ERE for Parcel Ll 1-4-12. Accordingly, GE determined that it would implement a Conditional Solution on the CD portions of both properties and so informed EPA. EPA approved that determination.

GE has now completed the required cleanup activities at the Unkamet Brook Area, including the CD portions of the CSXT properties. Those cleanup activities involved the removal and replacement of approximately 1,570 cubic yards of soil from the Rail Siding Area and approximately 2,760 cubic yards of soil from the Rail Yard Area of the CSXT properties. Now that the cleanup has been completed, consistent with the prior EPA-approved determination, a Conditional Solution has been implemented at the CD portions of the CSXT properties,

November 21, 2016 Page 3

effective immediately. The attached Figure 1 shows the portions of the properties that are subject to this Conditional Solution.

As required by the CD, the remainder of this letter explains: (1) the terms of the Conditional Solution, including the requirements applicable to GE and CSXT regarding future cleanup activities at the CD portion of the properties; and (2) the levels of PCBs and other chemicals remaining at the CD portion of the properties.

Requirements for Implementing Future Cleanup

As noted above, since the CD portions of these properties would not satisfy the standards that would apply if these portions were ever used for residential purposes (or, for the Rail Siding Area, recreational purposes), a Conditional Solution has been implemented for these portions of the properties to address future uses and activities. Under the CD requirements for Conditional Solutions, this means the following:

If, in the future, CSXT should decide to change the current use of the CD portion of either property to residential or a similar use ( or, for the Rail Siding Area, recreational use) or to perform construction or excavation activities in that portion, and if any such new or changed use is legally permissible, GE will conduct cleanup or soil handling actions at that portion of the applicable property, if necessary, to be protective for such future use or activity, provided that certain conditions specified in the CD are met. Specifically, those conditions require that CSXT satisfy the following criteria:

• First, CSXT must show that it has submitted a plan to the appropriate governmental authorities to authorize the future use or activity (if such a plan or authorization is necessary) and that such plan (if required) has been approved by the governmental authorities. Such governmental approvals may include zoning approval, Conservation Commission approval, building permits, and any other necessary approvals.

• In addition, CSXT must provide to EPA and to GE ( directly or through EPA) "other documented evidence of a commitment to such use," such as, for example, evidence of financing or other financial assurance for the project, other plans for implementing the project (such as architectural plans, contracts for performance of the project, or other similar plans), or an affidavit that CSXT intends to go forward with the project or other change in use if the necessary cleanup actions are taken.

IfCSXT provides this required documentation and EPA determines that CSXT has satisfied the above criteria and that cleanup is necessary at the CD portion of the applicable property to allow such use or activity, EPA will notify GE. GE will then be required to submit work plans for any necessary additional sampling and/or cleanup actions and, upon EPA approval, to implement those plans. Such cleanup may include soil removal or other remediation as necessary to meet the applicable cleanup standards under the CD for the new use, or may include, for activities that involve excavation or off-property disposition of soils, actions to ensure the proper excavation, management, and disposition of such soils. While GE is required to conduct such actions in the event that the above conditions are met, GE also retains any

November 21, 2016 Page4

rights it may have under the law to seek contribution from others for costs incurred by GE to clean up contaminants not related to GE.

In the event that CSXT sells the property, these same requirements will continue to apply, provided that the successor owner meets the criteria specified above.

In addition, CSXT should be aware that the CD requires GE to conduct annual inspections of the CD portions of these properties to determine whether there has been any changes in activities and uses that would be inconsistent with current uses or would involve certain soil disturbance activities.

For purposes of providing the documentation described above or if you have any questions about this matter, the following are the relevant contact persons for GE, EPA, and the Massachusetts Department of Environmental Protection (MassD EP):

For GE: Matthew Calacone Environmental Operations Leader General Electric Company 159 Plastics Avenue Pittsfield, MA 01201 ( 413) 448-5914

For EPA: Dean Tagliaferro GE-Pittsfield Team Leader U.S. Environmental Protection Agency EPA New England 5 Post Office Square - Suite 100 Boston, MA 02109 (617) 918-1282

For MassDEP: John Ziegler Bureau of Waste Site Cleanup Massachusetts Department of Environmental Protection 436 Dwight Street Springfield, Massachusetts O1103 ( 413) 755-2228

Existing Levels of PCBs and Other Chemicals

GE is also required to notify the owner of the remaining levels of PCBs arid other chemicals at a property where a Conditional Solution is implemented. For the CD portions of the CSXT properties, the results of GE's soil sampling were described in prior reports submitted to EPA, with copies to CSXT, and the evaluation of those results is discussed below.

As noted above, the Rail Siding Area and the Rail Yard Area of the CSXT properties are subject to different cleanup standards and thus were evaluated separately. Under the CD, GE

November 21, 2016 Page 5

was required to evaluate the concentrations of various chemicals in soil in certain specified depth intervals at each of those areas. The results of those evaluations were included in GE's Conceptual Removal Design/Removal Action Work Plan for Unkamet Brook Area-Remainder (March 2009) 1 and Revised Final Removal Design/Removal Action Work Plan for Unkamet Brook Area-Remainder (April 2014), both of which were approved by EPA. For your convenience, the attached Tables 1 and 2 summarize, for the Rail Siding Area and Rail Yard Area, respectively, the concentrations of PCBs, as well as the other chemicals retained for evaluation after an initial screening step, that were calculated to be present in each of the relevant depth intervals. These tables also show that, both for PCBs and for the other chemicals retained for evaluation, the concentrations in each relevant depth interval at each area evaluated are less than the applicable cleanup standards under the CD: for the Rail Siding Area, the standards for industrial/commercial properties; and for the Rail Yard Area, the standards for recreational properties.

Therefore, for all of the substances evaluated, the CD portions of the CSXT properties satisfy the applicable CD standards for such non-residential properties. CSXT and any successor owners should, however, take into account the existence of these substances on those portions of the properties in conducting any activities such as excavation or digging in the future. In this connection, EPA has prepared a Fact Sheet relating to future uses and activities at the CD portions of the CSXT properties. A copy of that Fact Sheet is also attached to this letter.

Finally, you should be aware that GE is also required to notify any other entity with an easement or other interest in the CD portions of these properties of the Conditional Solution implemented at those portions of the properties. GE will provide these notifications in the near future, with copies to CSXT.

Please call me at 413-448-5914 if you have any questions about the information in this letter.

Sincerely yours,

Matthew Calacone Environmental Operations Leader

Attachments

This report inadvertently designated the Rail Siding Area as Parcel K 11-4-2.

November 21, 2016 Page 6

cc: Julia Herron Jorgensen, CSXT Larry Dixon, CSXT Dean Tagliaferro, EPA Dave Dickerson, EPA John Kilborn, EPA Michael Gorski, MassDEP John Ziegler, MassDEP Richard Gates, GE Andrew Silfer, GE Roderic McLaren, GE Laurence Kirsch, Goodwin Procter Anthony Massimiano, George, Massimiano & McCarthy

L11-4-12

L11-4-12

CITY: SYRACUSE, NY DIV/GROUP: EBC-IM/DV DB: G.STOWELL, L.POSENAUER PIC/PM: C.AVERILL TM: C.CUMMINGS C:\GE\ENVCAD\ACT\N\ALL40190\3000\3001B\UB-CD\40190G01-02.dwg LAYOUT: 1 SAVED: 11/11/2016 1:05 PM ACADVER: 19.1S (LMS TECH) PAGESETUP: C-PB-PDF-GMS PLOTSTYLETABLE: PLTFULL.CTB PLOTTED: 11/11/2016 1:06 PM BY: SARTORI, KATHERINE

XREFS: 40190X12

L12-1-5

L12-2-1

L12-1-4

L12-1-101

L11-4-11

L11-4-11

L11-4-12

L11-4-12

L11-4-11

GENERAL ELECTRIC COMPANY PITTSFIELD, MASSACHUSETTS

UNKAMET BROOK AREA -CONSENT DECREE PORTIONS OFPARCELS L11-4-11 AND L11-4-12

FIGURE

1

TABLE 1: RESIDUAL CONCENTRATIONS IN SOIL AT RAIL SIDING AREA ON PARCEL Lll-4-121

Depth Interval (feet below ground)

Constituent Concentration (in parts per million - ppm)1

PCBs2 PCDD/PCDF

TEQs3 Benzo(a)­

anthracene4 Benzo(a)­pyrene4

Benzo(b)­fluoranthene4

Dibenzo(a,h) -anthracene4

lndeno(l,2,3 -cd)pyrene4 Arsenic4

0- to I -foot depth 10.59

(max= 89) 0.0027 2.51 2.03 2.10 0.94 1.29 13.12

0- to 3-foot depth 18.39 0.0024 2.34 1.99 2.03 0.98 1.31 13.96

1- to 6-foot depth 135.08 NIA 2.55 2.20 1.97 1.31 1.72 13.58

0- to 15-foot depth 84.76 0.00058 (for

3-15 ft depth) 2.18 1.80 1.80 0.91 1.22 12.25

1. This narrow linear area (which was previously identified as Parcel Kl 1-4-2) was evaluated under the standards for commercial/industrial properties. This table includes those chemical constituents that were retained for evaluation at this area after an initial conservative screening step. All concentrations listed are averages except that the maximum is also given for PCBs in the top foot and the concentrations listed for PCDD/PCDF TEQs are upper-bound statistical values. The concentrations shown represent post-cleanup concentrations for PCBs and pre-cleanup concentrations for other chemicals (since cleanup was not necessary for those chemicals).

2. For comparison, the cleanup standards in the Consent Decree for PCBs at commercial/industrial areas subject to a Conditional Solution are a maximum of 125 ppm in the top foot and averages of25 ppm for the 0-1 foot and 0-3 foot depths, 200 ppm for the 1-6 foot depth, and 100 ppm for the 0-15 foot depth.

3. This refers to toxicity equivalency quotient (TEQ) concentrations of polychlorinated dibenzo-p- dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs). For comparison, the cleanup standards in the Consent Decree for PCDD/PCDF TEQs at commercial/industrial areas are 0.005 ppm for the 0-1 foot and 0-3 foot depths and 0.02 ppm for deeper soil. In addition, following the Consent Decree, EPA adopted revised TEQ evaluation criteria, which are 0.003 ppm for the 0-1 and 0-3 foot depths and 0.02 ppm for deeper soil in commercial areas.

4. For these substances, the standards used for this area were the "Method 1" soil standards adopted by the MassDEP. For comparative purposes, the then-applicable Method 1 soil standards used for evaluation of this area were as follows: For the 0-1 and 0-3 foot depths, 40 ppm for benzo(a)anthracene, benzo(b)fluoranthene, and indeno(l,2,3-cd)pyrene; 4 ppm for benzo(a)pyrene and dibenzo(a,h)-anthracene; and 20 ppm for arsenic. For the 1-6 and 0-15 foot depths, 300 ppm for benzo(a)anthracene, benzo(b)fluoranthene, and indeno(l,2,3-cd)pyrene; 30 ppm for benzo(a)pyrene and dibenzo(a,h)-anthracene; and 20 ppm for arsenic.

TABLE 2: RESIDUAL CONCENTRATIONS IN SOIL AT RAIL YARD AREA ON PARCELS Lll-4-11 AND Lll-4-121

Depth Interval Constituent Concentration (in parts per million - ppm)1

(feet below ground) PCBs2 PCDD/PCDF TEQs3 Benzo(a)­

anthracene4 Benzo(a)pyrene4 Benzo(b)­fluoranthene4

Benzo(k)­fluoroanthene4

0- to I -foot depth 2.56 (max= 49) 0.000297 2.54 1.04 1.78 1.67

0- to 3-foot depth 3.37 0.000297 2.05 0.88 1.46 1.3 8

0- to 15-foot depth 1.31 0.00015 (for> 3 ft) 1.51 0.70 1.10 1.04

Depth Interval (ft below ground)

Chrysene Dibenzo(a,h)­anthracene4

lndeno(l,2,3-cd)­pyrene4 Arsenic Lead4 Sulfide4 Thallium4

0- to I -foot depth 2.60 0.47 0.79 13.2 128 32.9 1.4

0- to 3-foot depth 2.12 0.43 0.67 12.2 107.02 28.4 1.4

0- to 15-foot depth 1.56 0.36 0.54 10.2 79.4 26.0 1.2

1. This area was evaluated under the standards for recreational properties. This table includes those chemical constituents that were retained for evaluation at this area after an initial conservative screening step. All concentrations listed are averages except that the maximum is also given for PCBs in the top foot and the concentrations listed for PCDD/PCDF TEQs are maximums or upper-bound statistical limits. The concentrations shown represent post-cleanup concentrations for PCBs and PCDD/PCDF TEQs and pre-cleanup concentrations for other chemicals (since cleanup was not necessary for those chemicals).

2. For comparison, the cleanup standards in the Consent Decree for PCBs at recreational areas with Conditional Solutions are a maximum of 50 ppm in the top foot and averages of 10 ppm for the 0-1 foot and 0-3 foot depth intervals and 100 ppm for the 0-15 foot depth interval.

3. This refers to toxicity equivalency quotient (TEQ) concentrations of polychlorinated dibenzo-p- dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs). For comparison, the cleanup standards in the Consent Decree for PCDD/PCDF TEQs at recreational areas with Conditional Solutions are 0.001 ppm for the 0-1 foot and 0-3 foot depths and 0.02 ppm for depths greater than 3 feet. In addition, following the Consent Decree, EPA adopted revised TEQ evaluation criteria, which are 0.0004 ppm for the 0-1 foot and 0-3 foot depths and 0.02 ppm for deeper depths at recreational areas.

4. For these substances, the standards used for this area were the "Method l" soil standards adopted by the MassDEP (or derived by GE). For comparative purposes, the then-applicable Method 1 soil standards used for evaluation of this area were as follows: For the 0-1 and 0-3 foot depths, 7 ppm for benzo(a)anthracene, benzo(b)fluoranthene, and indeno(l,2,3-cd)pyrene; 2 ppm for benzo(a)pyrene; 0.7 ppm for dibenzo(a,h)anthracene; 70 ppm for benzo(k)fluoranthene and chrysene; 20 ppm for arsenic; 300 ppm for lead; and 8 ppm for thallium. For the 0-15 foot depth, the applicable standards were higher or, in a few cases, the same. No MCP Method 1 soil standard exists for sulfide, but a derived standard of 633 ppm (based on carbon disulfide) was used for all depths.

FACT SHEET RELATING TO FUTURE PROPERTY USES AND ACTIVITIES

Prepared by the United States Environmental Protection Agency

Mr. Boland:

This Fact Sheet is an attachment to a letter that the General Electric Company ("GE") is sending you as a follow-up to the soil contamination evaluation and soil removal activities that GE performed on property owned by CSX Transportation, Inc. ("CSXT") in Pittsfield, Massachusetts. The federal Environmental Protection Agency ("EPA") has prepared this Fact Sheet to inform you and successor owners of future uses and activities that should not be conducted on the property due to the levels of remaining contamination.

This Fact Sheet, and the letter to which it is attached, relate to portions of property owned by CSXT in Pittsfield, Massachusetts, identified as Tax Parcels Ll 1-4-11 and Ll 1-4-12, being (i) a portion of Parcel L 11-4-11 that is a rail yard property located in the southern portion of the Unkamet Brook Area (as defined in the Consent Decree for the GE-Pittsfield/Housatonic River Site) together with a small portion of Parcel Ll 1-4-12 (the "Rail Yard Area," as described in GE's letter), and (ii) a narrow, linear portion of Parcel Ll 1-4-12 that contains railroad tracks, but excludes the tracks themselves and associated ballast (which is assumed to extend ten feet from the center line of the railroad tracks) (the "Rail Siding Area," as described in GE's letter), both as shown on Figure 1 attached to GE's letter. These portions are subject to a Conditional Solution pursuant to the Consent Decree and are referred to herein as the "Subject Areas."

With respect to remaining contamination on the Subject Areas, as GE has described in its letter, for all of the substances evaluated, the Subject Areas currently satisfy the Consent Decree standards for properties in recreational use ( for the Rail Yard Area) or commercial/industrial use (for the Rail Siding Area). Note that GE' s letter and this Fact Sheet relate to the Subject Areas and not other portions of Tax Parcels Ll 1-4-11 and Ll 1-4-12, which are not subject to evaluation under the Consent Decree.

Because the evaluation and cleanup of the Subject Areas currently do not allow for unlimited uses, however, you and any successor owners should observe the following regarding the Subject Areas:

• All of the Subject Areas should not be used for residential uses, and the Rail Siding Area should also not be used for recreational uses.

• Except for emergency excavations, you should not excavate or dig below three feet of the surface of the ground in the Subject Areas. You may perform limited excavation and work in the top three feet of the surface of the ground. Please contact EPA and the Massachusetts Department of Environmental Protection ("MassDEP") before (i) excavating or moving any amount of soil below three feet and/or (ii) before excavating or moving more than ten (10) cubic yards of soil in the top three feet of the surface of the ground. Ten (10) cubic yards is approximately one-half of a standard dump truck of soil. Also, please contact EPA and MassDEP after any emergency excavations.

• Groundwater monitoring wells are located on your property. The wells, which are shown on Figure 1 attached to GE's letter, should not be disturbed in any manner, such as through digging or excavation activities.

• Please contact GE, EPA, and the MassDEP before disposing of any soil off of the Subject Areas. Governmental regulations may restrict the off-site disposal of soil from the Subject Areas.

• Please contact GE before any subsurface utility excavations for any new or existing utilities. Under the Consent Decree, GE is required to ensure that the spatial average PCB concentration of any utility backfill material in commercial/industrial areas is at or below 25 parts per million (ppm) of PCBs and in recreational areas is at or below 10 ppm in the top three feet of the surface of the ground and 25 ppm for soils at a greater depth.

As required by the Consent Decree, if, in the future, you decide to change the current use of any of the Subject Areas to residential use (and also recreational use for the Rail Siding Area) or to perform construction or excavation activities, and if that new or changed use or activity is legally permissible, GE will conduct additional cleanup actions at the Subject Areas, if necessary, to be protective of such future use or activity, provided that certain conditions specified in the Consent Decree are met. Please refer to the letter from GE for more information.

If you have any questions about this Fact Sheet, please call Dean Tagliaferro, EPA, at 617-918­1282, or John Ziegler, MassDEP, at 413-755-2228.

Page 2 of2