[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Rules and Regulations]
[Pages 32673-32677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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.

[[Page 32674]]


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: johnston.shelby@epa.gov.
     Fax: (404) 562-8287, 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: 305-821-2700, 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, 404-562-8287, email: 
johnston.shelby@epa.gov.

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.

[[Page 32675]]

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

[[Page 32676]]

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

[[Page 32677]]

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]
BILLING CODE 6560-50-P