[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Rules and Regulations]
[Pages 59017-59020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7377-4]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Basic Microelectronics, 
Incorporated (BMI)-Textron Superfund Site from the National Priorities 
List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
publishing a direct final notice of deletion of the BMI-Textron 
Superfund Site (Site), located in Lake Park, West Palm Beach County, 
Florida, from the National Priorities List (NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of Florida, through the Florida Department of 
Environmental Protection (FDEP (formerly FDER)) because EPA has 
determined all appropriate response actions under CERCLA have been 
completed and, therefore, further remedial action pursuant to CERCLA is 
not appropriate.

DATES: This direct final deletion will be effective November 18, 2002, 
unless EPA receives adverse comments by October 21, 2002. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public the 
deletion will not take effect.

ADDRESSES: Comments may be mailed to: Jan Martin, Remedial Project 
Manager (RPM), U.S. EPA, Region 4 (4WD-SSMB), 61 Forsyth Street, SW., 
Atlanta, Georgia 30303, (404) 562-8593, [email protected].
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at:

U.S. EPA Record Center, 61 Forsyth Street, SW., Atlanta, Georgia 30365, 
Phone: (404) 562-8190, Hours: 8 a.m. to 5 p.m., Monday through Friday 
(By Appointment Only).
Lake Park Library, 529 Park Avenue, Lake Park, Florida 30403, Phone: 
(561) 881-3330, Hours: 9 a.m. to 8:30 p.m., Monday and Tuesday, 9 a.m. 
to 5:30 p.m., Wednesday through Friday, 9:30 a.m. to 2 p.m., Saturday.

FOR FURTHER INFORMATION CONTACT: Jan Martin, Remedial Project Manager 
(RPM), U.S. EPA, Region 4 (4WD-SSMB), 61 Forsyth Street, SW., Atlanta, 
Georgia 30303, (404) 562-8593, [email protected].

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 BMI-Textron Superfund Site (Site) from the NPL. The EPA identifies 
sites that appear to present a significant risk to public health or the 
environment and maintains the NPL as the list of those sites. As 
described in the Sec.  300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for remedial actions if conditions at a deleted 
site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective November 18, 2002, 
unless EPA receives adverse comments by October 21, 2002, on this 
document.

[[Page 59018]]

If adverse comments are received within the 30-day public comment 
period on this document, EPA will publish a timely withdrawal of this 
direct final 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 for deleting 
sites from the NPL. Section III discusses procedures EPA is using for 
this action. Section IV discusses the BMI-Textron, 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

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a Site from the NPL, EPA shall 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 (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response action by responsible parties is appropriate; or
    iii. The remedial investigation has shown the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c) requires a subsequent review of the site be 
conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. 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. The EPA consulted with the State of Florida on the deletion of 
the Site from the NPL prior to developing this direct final notice of 
deletion.
    2. Florida concurred with 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 published today in the ``Proposed Rules'' section of the 
Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state, and local government officials and other 
interested parties; 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 deletion in 
the Site information repositories identified above.
    5. If adverse comments are received within the 30-day public 
comment period on this document, 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 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

Site Location

    The Basic Microelectronics, Incorporated (BMI)-Textron Site (Site) 
is an inactive 3.5 acre industrial site located within the Tri-City 
Industrial Park on Silver Beach Road in Lake Park, Palm Beach County, 
Florida. The Site consists of parcels 1 through 14 in Section C of the 
Tri-City Industrial Park. The boundaries include: Newman Road to the 
north, Silver Beach Road to the south, Reed Road to the east and Miller 
Way to the west. Adjacent properties on the north, east and west are 
businesses and industrial sites. Residential areas are to the south.

Site Background and History

    Basic Microelectronics, Inc. began operations at the site in 1969. 
Textron, Inc. acquired Basic Microelectronics in 1981 and began 
operating as BMI-Textron. The company's main product was chrome backed 
glass plates which were used in the production of electronic 
components. During company operations, the Site included 6 domestic 
waste drain fields, 3 percolation ponds, 2 septic tanks, and settling 
basins. The present Site includes storage warehouses and small 
workshops. Most of the land is either paved or covered by buildings.
    During site operations liquid waste from the process was disposed 
of on-site through a combination of percolation ponds and drain fields. 
The wastewater system was operated under a Florida Department of 
Environmental Regulation (FDER) permit. Prior to 1984, cyanide wastes 
were disposed of in Percolation Pond 1. This pond was abandoned in 
1984. Hazardous wastes from facility operations were disposed of off-
site at approved facilities.
    In 1981, BMI-Textron obtained a FDER construction permit for a 
drain field for wastewater disposal. Four monitoring wells were 
installed as a permit requirement. The wastewater included chromium 
stripping operations wastewater, process wastewater from glass 
cleaning, coating, polishing and rinse waters, wastewater from a 
reverse osmosis water purification plant and domestic sanitary 
wastewater.
    EPA and the Florida Department of Environmental Regulation (FDER) 
conducted several investigations and took enforcement actions between 
1984 and 1990. These investigations/actions included:
    1. A 1984 soil and groundwater assessment of percolation pond 1 
revealed cyanide contamination and resulted in a consent order to 
remove contaminated soils from percolation pond 1.
    2. A 1985-86 soil and groundwater assessment of percolation pond 2 
revealed cyanide, nitrate and fluoride contamination.
    3. A 1986 soil assessment of percolation pond 3 and the Reverse 
Osmosis drain field revealed cyanide, nitrate and fluoride 
contamination.
    4. In 1987, a groundwater and soil investigation revealed barium, 
chromium and cyanide contamination. EPA investigated the site for 
placement on the NPL. The Groundwater Route

[[Page 59019]]

score was the major factor in the hazard ranking score of 37.93.
    5. In 1988, FDER issued a consent order. Under this consent order, 
a soil investigation revealed cyanide, fluoride, nitrate and chromium 
contamination in the area of percolation pond 2.
    In 1990, an Interim Remedial Action Soil Disposal Plan was approved 
by FDER. Soils from percolation pond 2 were removed and disposed of 
under this plan. The area of percolation pond 3 was backfilled with 4 
feet of material and capped with asphalt.

Remedial Investigation and Feasibility Study (RI/FS)

    In August 1990, the Site was listed on the NPL. In June 1992, BMI-
Textron entered into an Administrative Order (AO) by consent with EPA 
to conduct a RI/FS. The RI/FS was conducted in 2 phases between 
February 1993 and August 1994. The results of the Remedial 
Investigation (RI) can be summarized as follows:
    1. Groundwater was identified as the principal media of concern at 
the Site.
    2. Groundwater at the Site was contaminated with elevated levels of 
arsenic, sodium, cyanide and fluoride, i.e. the Contaminants of Concern 
(COC).
    3. Groundwater contamination was present only in the shallow 
aquifer in the northeast portion of the site.
    4. Contaminated groundwater had not migrated off-site.
    5. There were no private water wells near the site.
    6. Surface water bodies were not impacted.
    7. Air contamination was not a concern because most of the site was 
paved and the COCs were not present in surface soils.
    8. No impacts to local plants and animals were expected or 
evaluated because of the industrial nature of the site.
    The Feasability Study (FS) resulted in several important points:
    1. Previous soil excavations at percolation ponds 1 and 3 
effectively remediated contaminated soils at these areas.
    2. Soils remaining at the site did not pose a threat to groundwater 
quality.
    3. The restriction of groundwater contamination to the upper 
surficial aquifer zone of percolation ponds 1 and 2 indicated a lack of 
vertical migration of the COCs and a lack of connectivity between the 
upper and intermediate aquifers.
    4. Arsenic, sodium, cyanide and fluoride were detected at 
concentrations above Florida drinking water standards and required 
remedial action.
    5. Potential cleanup criteria for these COCs were established.
    The FS compared 4 remedial alternatives with available technologies 
and appropriate regulations.

Record of Decision

    On August 11, 1994, EPA signed a Record of Decision (ROD) for the 
Site. The ROD describes the contamination and the remedy selected to 
address the Site.
    In regard to use of the Site in 1994, the ROD determined there was 
no risk to human health based on the ``then current use'' of the site. 
The RI had determined the potable wells in the vicinity of the Site and 
down gradient were not contaminated from Site operations. The ROD 
determined groundwater was the only possible medium available for human 
contact with COCs on-site and off-site.
    A future, hypothetical worst-case exposure scenario for groundwater 
was also considered. In the scenario, use of contaminated groundwater 
as a potable water source by future residents was considered. The 
cumulative, carcinogenic and non-carcinogenic risks associated with 
such use was determined to be unacceptable.
    The primary remedial objective stated in the ROD was to remediate 
COCs to drinking water standards, i.e. Maximum Contaminant Levels 
(MCLs). Prior site data indicated natural attenuation of COCs in 
groundwater was already occurring at the Site. As the remedy, EPA chose 
natural attenuation of the COC (arsenic, cyanide, fluoride, and sodium) 
concentrations with groundwater monitoring to ensure drinking water 
MCLs were achieved through natural attenuation. The selected remedy 
involved:
    1. Quarterly groundwater monitoring for one year including 
submission of quarterly monitoring reports,
    2. Annual groundwater data review and monitoring frequency by the 
EPA for the remaining two years,
    3. Use of existing institutional controls to protect against 
possible exposure to COCs (i.e. requirements for obtaining well permits 
from FDEP),
    4. Use of existing wells for groundwater monitoring to ensure 
natural attenuation was occurring (a total of 30 wells existed on and 
off site), and
    5. Site security (fenced area and locked gate).
    The institutional controls described in the ROD included 
established regional well controls and use of existing well permitting 
regulations administered through the South Florida Water Management 
Department (SFWMD), the Palm Beach County Health Department (PBCHD) and 
FDEP.
    In March 1995, a Groundwater Monitoring Work Plan (Groundwater 
Monitoring Plan) was approved which required three years of groundwater 
monitoring, with provisions for more monitoring if needed. The 
Groundwater Monitoring Plan selected 8 of the existing wells, 4 on-site 
and 4 off-site, for use as monitoring wells. The on-site wells were 
located in areas where RI sample data indicated contaminant levels had 
exceeded drinking water standards. The off-site wells were used to 
monitor for off-site migration of groundwater contamination. Under the 
terms of the Groundwater Monitoring Plan, all 8 wells were to be 
sampled for the COCs, i.e. fluoride, total cyanide, sodium and arsenic 
until the sample concentration met MCLs for 2 consecutive sampling 
events. After those 2 consecutive events, sampling could cease at the 
wells meeting the drinking water standards. Sampling at the Site 
continued until MCLs were met for all COCs at all 8 wells. The last 
sampling event occurred in July 2000.
    Monitoring reports were submitted for sampling in April 1995, July 
1995, October 1995, January 1996, July 1996, January 1997, July 1997 
and January 1998, January 2000, April 2000 and July 2000. According to 
the data in these reports the MCLs have been achieved and the Remedial 
Action Objectives (RAOs) met.

Five-Year Review

    A five-year review of the remedy was performed in June 2000 in 
accordance with EPA policy. The review findings are contained in the 
Final Superfund Five-Year Review Report which concluded the selected 
remedy remained protective of human health and the environment. 
Sampling data from groundwater monitoring reports demonstrated natural 
attenuation of COCs had occurred.
    Attainment of the remedial goal for arsenic of 0.05 mg/L in the 
groundwater at the Site was first reported in the results from the 
April 1995 monitoring event. Additional monitoring events were 
performed after the initial attainment to ensure the arsenic in site 
groundwater met the remedial goal. The last sampling for arsenic was in 
January 1996.
    Attainment of the remedial goal for sodium of 160 mg/L in the 
groundwater at the Site was first reported in the results from the 
January 1997 monitoring event. Two additional monitoring events were 
performed after the initial attainment to ensure the sodium in site 
groundwater met the remedial goal. The last sampling for sodium was in 
January 1998.

[[Page 59020]]

    Attainment of the remedial goal for fluoride of 4 mg/L in the 
groundwater at the Site was first reported in the results from the 
October 1998 monitoring event. Two additional monitoring events were 
performed after the initial attainment to ensure the fluoride in site 
groundwater met the remedial goal. The last sampling for fluoride was 
in July 2000.
    Attainment of the remedial for cyanide of 0.2 mg/L in the 
groundwater at the Site was reported in the results from January 2000 
monitoring event. Two additional monitoring events were performed after 
the initial attainment to ensure the cyanide in site groundwater met 
the remedial goal. The drinking water standard for cyanide is based on 
the amenable cyanide concentration. The last sampling for cyanide was 
in July 2000.
    EPA, with concurrence of FDEP, has determined all appropriate 
actions at the BMI-Textron Site, have been completed, and no further 
remedial action is necessary. Water well permitting regulations 
continue to be administered through the South Florida Water Management 
Department, the Palm Beach County Health Department and FDEP.

Final Project Closeout Activities

    Between January 31, 2001 and February 15, 2001, Arcadis, Geragthy & 
Miller completed a final site inspection and closeout activities to 
ensure all associated equipment and items used to complete the site 
remedy were removed from the property and properly disposed of or 
properly abandoned.
    On January 31, 2001 Arcadis, Geragthy & Miller observed and 
documented the proper abandonment (grouting of wells with neat cement, 
using a tremie pipe, from the bottom of the well to land surface) of 7 
of the 8 remaining on and off-site monitoring wells (3, 35R, 36A, 37, 
38, MW-93-4 and MW-93-6) by a state-licensed drilling contractor. 
Monitoring well 10A was not abandoned because it is part of a three-
well cluster initially installed / owned by the FDEP which may be 
useful for monitoring groundwater in the area of the nearby 
Transcircuit Superfund site. The steel protective casings extending 
above grade on two of the wells were cut off a few inches below grade 
and the ground surface re-paved.
    On February 15, 2001, Arcadis, Geragthy & Miller observed and 
documented the removal of the two above-ground steel storage tanks 
(ASTs) from the property. These ASTs were used over the past several 
years for the storage of water purged from the monitoring wells.

Community Involvement

    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.

V. Deletion Action

    The EPA, with concurrence of the State of Florida, has determined 
all appropriate responses under CERCLA have been completed, and no 
further response actions under CERCLA are necessary. 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 November 18, 2002, unless EPA receives adverse comments by 
October 21, 2002. 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 and, 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: July 19, 2002,
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]

    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.

Appendix B--[Amended]

    2. Table 1 of Appendix B to Part 300 is amended under Florida (FL) 
by removing the entry for ``BMI-Textron'' and the city ``Lake Park.''

[FR Doc. 02-23586 Filed 9-18-02; 8:45 am]
BILLING CODE 6560-50-P