[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Rules and Regulations]
[Pages 32673-32677]
[FR Doc No: 2014-13210]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9911-80-Region 4]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the B&B Chemical Co., Inc.

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
publishing this direct final Notice of Deletion for the B&B Chemical
Co., Inc. Superfund Site (Site), located in Miami-Dade County, Florida,
from the National Priorities List (NPL) and requests public comments on
this action. The NPL, promulgated pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of Florida, through the Florida Department of Environmental
Protection (FDEP), have determined that all appropriate response
actions under CERCLA, other than operation, maintenance, and five year
reviews, have been completed. However, this deletion does not preclude
future actions under Superfund.

DATES: This direct final deletion is effective August 5, 2014 unless
EPA receives adverse comments by July 7, 2014. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final
deletion in the Federal Register informing the public that the deletion
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No., EPA-HQ-
SFUND-1990-0011, by one of the following methods:
     www.regulations.gov Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, Attention: Shelby Johnston.
     Mail: Shelby Johnston, Remedial Project Manager, Superfund
Remedial Section D, Superfund Remedial Branch, Superfund Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    Hand Delivery: U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Docket's normal hours of operation and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at: U.S.
EPA Record Center, attn: Mr. Ronald Saskowski, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960, Phone: (404) 562-
8862, Hours 8 a.m.-4 p.m., Monday through Friday by appointment only;
or, John F. Kennedy Library, 190 West 49th Street, Hialeah, Florida
33012, Phone:<PHONE_NUMBER>, Hours 12 p.m.-8 p.m., Monday through
Thursday, 9 a.m.-5 p.m. Saturday.

FOR FURTHER INFORMATION CONTACT: Shelby Johnston, Remedial Project
Manager, Superfund Remedial Section D, Superfund Remedial Branch,
Superfund Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 4 is publishing this direct final Notice of Deletion of
the B&B Chemical Co., Inc. Superfund Site from the NPL. The NPL
constitutes Appendix B of 40 CFR part 300 which is the NCP, which EPA
promulgated pursuant to section 105 of the CERCLA of 1980, as amended.
EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in the Section
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if conditions at a deleted site
warrant such actions.
    Because EPA considers this action to be noncontroversial and
routine, this action will be effective August 5, 2014 unless EPA
receives adverse comments by July 7, 2014. Along with this direct final
Notice of Deletion, EPA is co-publishing a Notice of Intent to Delete
in the ``Proposed Rules'' section of the Federal Register. If adverse
comments are received within the 30-day public comment period on this
deletion action, EPA will publish a timely withdrawal of this direct
final Notice of Deletion before the effective date of the deletion, and
the deletion will not take effect. EPA will, as appropriate, prepare a
response to comments and continue with the deletion process on the
basis of the Notice of Intent to Delete and the comments already
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria to delete sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the B&B Chemicals Superfund Site and
demonstrates how it meets the deletion criteria. Section V discusses
EPA's action to delete the Site from the NPL unless adverse comments
are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
    i. Responsible parties or other persons have implemented all
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
    iii. the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the Hazard Ranking System.

III. Deletion Procedures

    The following procedures apply to deletion of the site:
    (1) EPA consulted with the State of Florida before developing this
direct final Notice of Deletion and the Notice of Intent to Delete co-
published today in the ``Proposed Rules'' section of the Federal
Register
    (2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent to Delete prior to their
publication today, and the state, through the FDEP, has concurred on
the deletion of the site from the NPL.
    (3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, Miami
Today. The newspaper notice announces the 30-day public comment period
concerning the Notice of Intent to Delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
    (5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion before its
effective date and will prepare a response to comments and continue
with the deletion process on the basis of the Notice of Intent to
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
Site from the NPL:

Site Background and History

    B & B Chemical Co., Inc. Superfund Site, (EPA ID: FLD004574190) is
located at 875 West 20th Street, Hialeah, Florida 33010. The B&B
Chemical Co., Inc. Superfund Site (the Site) is still operational and
occupies 5 acres in the industrial area of Hialeah, Miami-Dade County,
Florida. B&B Tritech, Inc., formerly B&B Chemical Co., Inc. (B&B)
manufactured industrial cleaning compounds at the Site since 1958. The
Site is bounded to the north by Highway 934 (Hialeah Expressway), to
the east by West 8th Avenue, to the south by West 20th Street, and to
the west by the Dade County Metrorail Okeechobee Station and parking
garage. Chemicals and products used by the facility include a variety
of solvents, polishes, detergents, oxidizing agents, corrosive
inhibitors and metal cleaners. In the mid-1970s, inspectors from the
Miami-Dade County Department of Environmental Resource Management
(DERM) documented wastewater residues in soakage pits at the Site, and
subsequently issued a Cease and Desist Order related to wastewater
discharge to the soakage pits. In May 1976, B&B put a wastewater pre-
treatment system into operation. During a 1979 area-wide ground water
study conducted for DERM, two samples were collected from irrigation
wells located on the Site. Analytical data from these samples indicated
the presence of trans-1,2-dichloroethlyene, tetrachloroethylene,
chlorobenzene, 1,1-dichloroethane, vinyl chloride and
trichloroethylene. In September 1981, construction workers installing a
potable water line immediately south of the B&B site experienced skin
irritation. Analytical data from a ground water sample collected in the
ditch indicated the presence of phenol, trichoroethylene,
tetrachloroethlyene, vinyl chloride, trans-1,2 dichloroethlyene and
cis-1,2 dichloroethylene. In June 1982, during the construction of the
Metrorail track immediately south of the Site, workers also complained
of skin bums while working in the trenches.
    In August 1985, at the request of DERM, EPA conducted an
investigation at the Site and found benzene, chlorobenzene, vinyl
chloride and chromium in the ground water. Results of the 1986 EPA-
funded investigation were used to compute a Hazard Ranking System (HRS)
score for ground water at the Site. The HRS score exceeded the
threshold at which sites would normally be placed on the National
Priorities List (NPL). The primary contaminants of concern at the Site
include, but are not limited to, benzene, chlorobenzene, vinyl chloride
and chromium in the ground water. The Site was proposed for the NPL
June 24, 1988 (53 FR 23988) and finalized on the NPL August 30, 1990
(55 FR 35502).

Remedial Investigation, Feasibility Study (RI/FS)

    In 1987, B&B completed a Remedial Investigation/Feasibility Study
(RI/FS) to determine the type and extent of contamination at the Site.
Starting in August 1988, B&B operated a ground-water treatment system
on site, in accordance with a Court Order of Stipulated Settlement with
DERM. The treatment system operated, with some periods of interruption,
until 1993. The B&B RI/FS was determined inadequate based on NCP
requirements and thus EPA conducted another investigation. The EPA
Remedial Investigation (RI) and Feasibility Study (FS) were conducted
between September 13, 1989 and September 12, 1994.
    Analytical results of the RI sampling identified at the Site were
constituents commonly associated with chemical manufacturing operations
that posed a threat to human health and the environment. The primary
contaminants of concern (COCs) identified in the 1994 RI/FS included
benzene, chlorobenzene, chromium and vinyl chloride in ground water and
were selected based on exceedences of State of Florida and federal MCLs
for contaminants in the 1992 to 1994 ground-water monitoring period.
The feasibility study at the site was focused on the validity of
monitored natural attenuation for the ground-water remediation. Ground-
water monitoring results revealed a downward trend in the contaminant
concentrations which supported the natural attenuation as a viable
remedy.

Selected Remedy

    EPA's Record of Decision (ROD) was signed on September 12, 1994,
and the State of Florida concurred with the selected remedy. The
selected alternative included the following:
     Natural attenuation of ground-water contaminants;
     Ground-water monitoring to verify natural attenuation;
     Implementation of institutional controls in the form of a
notification agreement between EPA and the landowner to ensure
continued integrity of the asphalt cover;

The remedial objective for the B&B Chemical Co., Inc. site was to
eliminate potential health hazards due to the impact of vinyl chloride,
benzene, chromium and chlorobenzene in the ground water.

Remedy Implementation

    The remedy involves the natural attenuation of groundwater
contaminants to levels below MCLs. Decreasing trends of groundwater

contaminant concentrations were observed during the 1992 through 1994
monitoring period. These trends gave evidence that natural attenuation
would be protective of human health and the environment.
    Ground-water monitoring was conducted primarily to verify that
natural attenuation of ground-water contamination is occurring.
Monitoring consisted of semi-annual sampling of eight existing wells
(MWT-31, MWS-06, MWD-07, CDM-02, CDM-03, MWF-27, MWD-29 and MWM-29),
selected because of their historical exceedences of MCLs. Each well was
sampled semi-annually until the groundwater contaminants decreased to
levels below maximum contaminant levels (MCLs) for two consecutive
rounds of sampling. Once this occurred, the wells were to be omitted
from further semi-annual sampling events. The ROD required the final
round of ground-water sampling to include all the monitoring wells at
the site and that all contaminants of concern are below MCLs as
requested by FDEP at the time the ROD was signed. Ground-water samples
were to be analyzed for the analytes on EPA's target compound list,
excluding semivolatile compounds, as these compounds were not observed
above MCLs during the RI/FS.
    On July 17, 2013 a restrictive covenant was filed to comply with
the remedy component. The restrictive covenant states that the entire
property is restricted to future use of commercial or industrial, that
the potential for vapor intrusion into any newly constructed buildings
is evaluated and properly addressed before construction, and that
maintenance and inspection of all paved areas and building foundations
in the areas for which the soil contamination levels did not meet the
criteria for unlimited use is required yearly. All institutional
controls have been implemented.

Cleanup Goals

    Post-ROD ground-water sampling was initiated in December 1995.
Sampling continued on a semi-annual basis until 2007. After reviewing
the results of the 2007 ground-water sampling, FDEP and EPA determined
that the cleanup goals specified in the 1994 ROD had been met and that
there was no need to continue with regular, semi-annual sampling of the
monitoring wells. Further, upon consultation with FDEP, EPA issued the
2009 Explanation of Significant Difference (ESD) that removed the
requirement for a final round of ground-water sampling.

Explanation of Significant Difference

    The selected remedy was revised by the June 2009 ESD. The 2009 ESD
removed the 1994 ROD requirement for a final round of ground-water
sampling, this requirement was removed because performance standards
were met for all monitoring wells in two consecutive rounds of sampling
and FDEP concurred that the additional sampling was not necessary. In
addition the 2009 ESD further outlined the requirements for the
institutional controls to ensure the remedy remains protective.
    The 2009 ESD required restrictive covenants be placed on the site
properties to:
     Ensure that the integrity of existing impermeable surfaces
is maintained.
     Ensure that future use of the property remains commercial
or industrial.
     Ensure that the potential for vapor intrusion into any
newly constructed buildings is evaluated and properly addressed.

By maintaining the integrity of the existing impermeable surfaces and
requiring the evaluation of vapor intrusion prior to and after
construction of any new buildings on site the long term protectiveness
can be sustained.

Five-Year Reviews

    The first five-year review was completed on October 24, 2001 and
the second was signed on April 26, 2007. These reviews concluded that
the selected remedy remains protective of human health and the
environment.
    The third statutory five-year review was signed on August 9, 2012
pursuant to EPA's Comprehensive Five-Year Review Guidance (OSWER No.
9355.7-03B-P, June 2001). The five-year review concluded that remedial
actions at the B&B Chemical Co., Inc. Superfund Site are protective, in
the short-term, of human health and the environment, and exposure
pathways that could result in unacceptable risks are being controlled
in the long term by the required restrictive covenants. On July 17,
2013 a restrictive covenant was filed to restrict the Site in the Clerk
of Courts, Recorder's Office, Miami-Dade County, Florida, at Deed Book
438, pages 341-345. All institutional controls have been implemented.
    Because hazardous materials remain at the Site below the pavement
at levels above those that allow for unlimited use and unrestricted
exposure, Section 121 of CERCLA requires ongoing statutory review to be
conducted no less than every five years from the start of remedial
actions. The next five-year review will be completed by August 2017.

Community Involvement

    Throughout the removal and remedial process, EPA has kept the
public informed of the activities being conducted at the Site by way of
public meetings, progress fact sheets, and the announcement through
local newspaper advertisement on the availability of documents such as
the RI/FS, Risk Assessment, ROD, Proposed Plan, ESD and five-year
reviews.
    Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion From the
NCP

    This Site meets all the site completion requirements as specified
in Office of Solid Waste and Emergency Response (OSWER) Directive
9320.22, Close Out Procedures for National Priorities List Sites.
Specifically, confirmatory ground-water sampling verifies that the Site
has achieved the ROD cleanup standards, and that all cleanup actions
specified in the ROD and ESD have been implemented.

V. Deletion Action

    The EPA, with concurrence of the State of Florida through the FDEP,
has determined that all appropriate response actions under CERCLA,
other than maintenance of the pavement and five-year reviews have been
completed. Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective August 5, 2014 unless EPA receives adverse comments by
July 7, 2014. If adverse comments are received within the 30-day public
comment period, EPA will publish a timely withdrawal of this direct
final notice of deletion before the effective date of the deletion, and
it will not take effect. EPA will prepare a response to comments and
continue with the deletion process on the basis of the notice of intent
to delete and the comments already received. There will be no
additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping

requirements, Superfund, Water pollution control, Water supply.

    Dated: April 15, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
for ``FL'', ``B&B Chemical Co., Inc'', ``Hialeah''.

[FR Doc. 2014-13210 Filed 6-5-14; 8:45 am]
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