National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the B&B Chemical Co., Inc., 32673-32677 [2014-13210]
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 2, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
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Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.629, revise the table in
paragraph (a) to read as follows:
§ 180.629 Flutriafol; tolerances for
residues.
(a) * * *
Parts per
million
Commodity
African tree nut .........................
Almond ......................................
Almond, hull ..............................
Banana 1 ...................................
Beet sugar ................................
Brazil nut ...................................
Bur oak .....................................
Butternut ...................................
Cajou ........................................
Cashew .....................................
Castanha-do-maranhao ............
Cattle, fat ..................................
Cattle, liver ................................
Cattle, meat byproducts, except
liver ........................................
Cattle, muscle ...........................
Coconut ....................................
Coffee, green, bean 1 ...............
Coffee, instant 1 ........................
Coquito nut ...............................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, refined oil ...............
Corn, field, stover .....................
Corn, pop ..................................
Corn, pop, stover ......................
Dika nut ....................................
Fruit, pome, group 11–09 .........
Fruit, stone, group 12–10 .........
Goat, fat ....................................
Goat, liver .................................
Goat, meat byproducts, except
liver ........................................
Goat, muscle ............................
Grain, aspirated fractions .........
Grape ........................................
Grape, raisin .............................
Guiana chestnut .......................
Hazelnut ....................................
Heartnut ....................................
Hickory nut ................................
Hog, fat .....................................
Hog, muscle ..............................
Horse, fat ..................................
Horse, liver ...............................
Horse, meat byproducts, except
liver ........................................
Horse, muscle ...........................
Japanese horse-chestnut .........
Macadamia nut .........................
Milk ...........................................
Mongongo nut ...........................
Monkey-pot ...............................
Pachira nut ...............................
Peanut ......................................
Peanut, hay ..............................
Pecan ........................................
Sapucaia nut .............................
Sheep, fat .................................
Sheep, liver ...............................
Sheep, meat byproducts, except liver ................................
Sheep, muscle ..........................
Soybean, seed ..........................
Strawberry ................................
PO 00000
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Fmt 4700
Sfmt 4700
0.02
0.60
15
0.30
0.08
0.02
0.02
0.02
0.02
0.02
0.02
0.05
0.80
0.05
0.05
0.02
0.15
0.30
0.02
5.0
0.01
0.02
15
0.01
15
0.02
0.40
1.5
0.05
0.80
0.05
0.05
2.2
1.5
2.4
0.02
0.02
0.02
0.02
0.01
0.01
0.05
0.80
0.05
0.05
0.02
0.02
0.01
0.02
0.02
0.02
0.09
15
0.02
0.02
0.05
0.80
0.05
0.05
0.35
1.5
Parts per
million
Commodity
■
32673
Tomato, paste ...........................
Vegetable, cucurbit, group 9 ....
Vegetable, fruiting, group 8–10
Walnut, black ............................
Walnut, English .........................
Wheat, bran ..............................
Wheat, forage ...........................
Wheat, germ .............................
Wheat, grain .............................
Wheat, hay ...............................
Wheat, straw .............................
1.5
0.30
1.0
0.02
0.02
0.30
30
0.25
0.15
15
9.0
1 There are no U.S. registrations as of October 22, 2013.
*
*
*
*
*
[FR Doc. 2014–13223 Filed 6–5–14; 8:45 am]
BILLING CODE 6560–50–P
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.
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY:
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Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
Submit your comments,
identified by Docket ID No., EPA–HQ–
SFUND–1990–0011, by one of the
following methods:
• www.regulations.gov Follow the online 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 https://
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 https://
www.regulations.gov or email. The
https://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 https://
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 https://
www.regulations.gov index. Although
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ADDRESSES:
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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 https://
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 copublishing 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
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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.
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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.
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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
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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, 1,1dichloroethane, 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).
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32675
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 groundwater 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. Groundwater 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
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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.
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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 groundwater sampling.
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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.
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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 groundwater 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
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 79, No. 109 / Friday, June 6, 2014 / Rules and Regulations
requirements, Superfund, Water
pollution control, Water supply.
Dated: April 15, 2014.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
instruction that published in a 2011
final rule. This document corrects the
error in 50 CFR 17.95(d).
Proposed and Final Rules
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
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.
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
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2009–0044;
4500030113]
RIN 1018–AW86
Endangered and Threatened Wildlife
and Plants; Designating Critical
Habitat for the California Tiger
Salamander; Correction
Fish and Wildlife Service,
Interior.
ACTION: Final rule; Correction.
AGENCY:
List of Subjects in 50 CFR Part 17
We, the U.S. Fish and
Wildlife Service, published a final rule
in the Federal Register on August 31,
2011, that designated critical habitat for
the Sonoma County population of the
California tiger salamander.
Inadvertently, we made an error in our
amendatory instructions, which resulted
in an error in the Code of Federal
Regulations. With this document, we
correct our error.
DATES: Effective June 6, 2014.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Susan Wilkinson, (703) 358–2506.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, recently
became aware that, in part 17 of title 50
of the Code of Federal Regulations
(CFR), we have two entries for the
Sonoma County distinct population
segment of the California tiger
salamander. This error in § 17.95(d) is
the result of an incorrect amendatory
VerDate Mar<15>2010
13:35 Jun 05, 2014
Jkt 232001
In a proposed rule that published
August 18, 2009 (74 FR 41662), the third
amendatory instruction reads as follows:
‘‘3. Amend § 17.95(d) by revising
critical habitat for the California tiger
salamander (Ambystoma californiense)
in Sonoma County to read as follows:’’
However, in the final rule that
published August 31, 2011 (76 FR
54346), the third amendatory
instruction reads like this:
‘‘3. In § 17.95, amend paragraph (d) by
adding an entry for ‘‘California Tiger
Salamander (Ambystoma californiense)
in Sonoma County’’ in the same order
that the species appears in the table at
§ 17.11(h), to read as follows:’’
The proposed rule was correct in
using the word ‘‘revising,’’ as a critical
habitat designation already existed for
the Sonoma County distinct population
segment of the California tiger
salamander as the result of a final rule
of December 14, 2005 (70 FR 74137).
The August 31, 2011, final rule
erroneously used the word ‘‘adding,’’
which resulted in an additional critical
habitat entry being added to the CFR
instead of replacing the entry that was
already there. Therefore, with this
document, we remove from 50 CFR
17.95(d) the entry pertaining to the
California tiger salamander in Sonoma
County, CA, that was added to the CFR
following the 2005 final rule and which
should have been removed in 2011.
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
For the reasons given in the preamble,
we amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal
Regulations, as set forth below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245; unless otherwise noted.
§ 17.95
[Amended]
2. Amend § 17.95(d) by removing the
words ‘‘California Tiger Salamander in
Sonoma County—Pursuant to section
4(b)(2) of the Act, we have excluded all
areas determined to meet the definition
of critical habitat under section 4(b)(2)
of the Act for California tiger
■
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
32677
salamander in Sonoma County.
Therefore, no specific areas are
designated as critical habitat for this
species.’’.
Susan L. Wilkinson,
Alternate Federal Register Liaison, U.S. Fish
and Wildlife Service.
[FR Doc. 2014–13204 Filed 6–5–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
[Docket No. FWS–R9–IA–2010–0083; 96300–
1671–0000–R4]
RIN 1018–AW82
Revision of Regulations Implementing
the Convention on International Trade
in Endangered Species of Wild Fauna
and Flora (CITES); Updates Following
the Fifteenth Meeting of the
Conference of the Parties to CITES;
Correction
Fish and Wildlife Service,
Interior.
ACTION: Final rule; Correction.
AGENCY:
We, the U.S. Fish and
Wildlife Service, are correcting a final
rule published in the Federal Register
on May 27, 2014, to revise the
regulations that implement the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES) by incorporating certain
provisions adopted at the fourteenth
and fifteenth meetings of the Conference
of the Parties (CoP14 and CoP15) to
CITES and to clarify and update certain
other provisions. In that rule, one of our
amendatory instructions was incorrect.
This action makes the necessary
correction.
SUMMARY:
This correction is effective June
6, 2014.
FOR FURTHER INFORMATION CONTACT:
Robert R. Gabel, Chief, Division of
Management Authority; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive;
Suite 212; Arlington, VA 22203
(telephone, (703) 358–2093; fax, (703)
358–2280).
SUPPLEMENTARY INFORMATION: In a final
rule that published in the Federal
Register on May 27, 2014, at 79 FR
30400, the following correction is made:
DATES:
§ 23.23
[Corrected]
1. On page 30422, in the second
column, for § 23.23 What information is
required on U.S. and foreign CITES
documents?, in amendment 21,
■
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
https://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 https://www.regulations.gov or email. The https://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 https://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 https://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 https://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]
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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.
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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