[Federal Register Volume 72, Number 165 (Monday, August 27, 2007)]
[Rules and Regulations]
[Pages 48942-48945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16685]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-R04-SFUND-2007-0719; FRL-8458-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Standard Auto Bumper 
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 Standard Auto 
Bumper Site (Site), located in Hialeah, 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) because EPA has determined that 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 October 26, 2007 
unless EPA receives adverse comments by September 26, 2007. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by EPA-R04-SFUND-2007-0613, 
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-8896.

[[Page 48943]]

    4. Mail: EPA-R04-SFUND-2007-0719, Superfund Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Michael Taylor, Remedial Project 
Manager, Superfund Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to EPA-R04-SFUND-2007-0719. 
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 through http://www.regulations.gov 
or e-mail, information that you consider to be CBI or otherwise 
protected. The http://www.regulations.gov Web site is an ``anonymous 
access'' systems, 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 e-mail comment directly to EPA without going through 
http://www.regulations.gov, your e-mail 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. For additional information about EPA's public docket visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the for further information contact section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30 excluding legal 
holidays.
    Comprehensive information on this Site is available through the 
Region 4 public docket, which is available for viewing at the following 
repository location:
    John F. Kennedy Memorial Library, Hialeah Public Library, 190 West 
49th Street, Hialeah, Florida 33012, Hours: Monday through Thursday--10 
a.m. until 8:45 p.m., and Friday-Saturday 9:30 a.m. until 4:45 p.m.
    U.S. EPA Record Center, Attn: Ms. Debbie Jourdan, Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone: 
(404) 562-8862, Hours 8 a.m. to 4 p.m., Monday through Friday by 
appointment only.

FOR FURTHER INFORMATION CONTACT: Michael Taylor, Remedial Project 
Manager, Superfund Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone: 
(404) 562-8762, Electronic Mail: [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 Standard Auto Bumper, Superfund 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 October 26, 2007 unless 
EPA receives adverse comments by September 26, 2007 on this document. 
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 that EPA is using 
for this action. Section IV discusses the Standard Auto Bumper, 
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 that 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 that 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 that 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.

[[Page 48944]]

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 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 Location

    The Standard Auto Bumper Site is approximately 0.8 acres in size 
and located in an industrial/commercial area at 2500 West 3rd Court, 
Hialeah, Dade County, Florida.

Site History

    The facility operated as a chrome plating facility from 1959 until 
the early 1990s. Prior to 1970 processed and untreated electroplating 
waste was discharged on the property behind the main building along a 
drainage ditch west of the property. This discharged waste percolated 
into the soil and groundwater. In 1972, the facility began pretreating 
the waste water before discharging it into the septic tank. The 
treatment system was constructed to convert hexavalent chromium to 
trivalent chromium. Pretreated waste water was routed to the Hialeah 
waste water treatment system in 1979. In early 1993, Standard Auto 
Bumper ceased operations and abandoned the facility. The Site property 
was taken by Miami-Dade county in 2004 due to non payment of property 
taxes. The property was sold in July 2005 for the taxes owed to the 
county. In August of 1985, the EPA conducted a site inspection and 
field investigation at the site. During this multi-media investigation 
groundwater samples, surface and subsurface soil samples were 
collected. Analytical data later revealed contamination of soil and 
groundwater. Chromium and nickel, substances used in the facility 
process, were detected in the soil and groundwater. In addition, the 
analytical data indicated the presence of cadmium, lead, cyanide, and 
copper.
    The site is in the recharge zone of the Biscayne Aquifer, which 
supplies drinking water for Dade County. Four municipal well fields, 
the Upper and Lower Miami Springs, the Hialeah, and the John E. 
Preston, that supply drinking water to over 750,000 people, are within 
three miles of the site.
    The site was included on the National Priority List in October of 
1989 based upon the Hazard Ranking System (HRS) package from 1987.

Remedial Investigation and Feasibility Study (RI/FS)

    In February of 1990, an Administrative Order on Consent for a 
Remedial Investigation/Feasibility Study (RI/FS) was signed by the EPA 
and Standard Auto Bumper. This agreement was later withdrawn by 
Standard Auto Bumper which resulted in the EPA completing the required 
site work.
    This Superfund site was addressed in two operable units. Operable 
unit one dealt with the soil. Operable unit two addressed issues 
dealing with the groundwater. In 1991, the EPA conducted soil, 
sediment, surface water and groundwater sampling as part of the RI/FS. 
The RI/FS for OU1 was completed in August of 1992. The RI/FS for OU2 
was completed in September of 1992.

Record of Decision Findings

    The Record Of Decision (ROD) for OU1 was signed by EPA on September 
28, 1992. The ROD for OU1 describes the contamination at the Site and 
the approved cleanup method to be used at the Site. The remedial 
objective for OU1 was to prevent current or future exposure to the soil 
contaminated with nickel and chromium through treatment and/or 
containment, and to reduce the migration of these contaminants from the 
soil to groundwater. The ROD required all soils above the cleanup 
standards to be excavated and disposed at an offsite permitted landfill 
facility. The ROD also required up to five years of groundwater 
monitoring.
    The ROD for OU2 was issued by EPA on December 10, 1993. The 
remedial objective for OU2 was to prevent current and future exposure 
to contaminated groundwater from nickel and other inorganic compounds. 
This remedy addressed groundwater contamination through natural 
attenuation, groundwater use controls, and groundwater monitoring for a 
minimum of 18 months. The remedy was designed to follow the OU1 source 
removal and the required groundwater monitoring was to be conducted as 
part of the OU1 groundwater monitoring plan.

Characterization of Risk

    The OU1 soil posed a threat to human health and the environment due 
to ingestion of contaminated surface soils by children of potential 
future residents and the soil contamination's impact on the 
groundwater.
    The OU2 groundwater posed a threat to human health and the 
environment due to ingestion of contaminated groundwater by future 
residents. The groundwater contaminants of concern identified in the 
site's baseline risk assessment were barium, manganese, nickel and 
zinc.
    The environmental risks were also considered for site impact on the 
surrounding habitat. The site does not provide for many habitat 
resources for wildlife, due to the industrial setting of the site. 
Contamination from the site from surface water runoff is not likely due 
to local businesses, highways, and elevated railroad tracks that exist 
between the site and nearby canal.

Response Actions

    An Administrative Order on Consent was signed on May 4, 1989, 
between the EPA and Standard Auto Bumper for a Removal action. This 
Order addressed soil contamination and not groundwater. Contaminated 
soil was excavated during the summer of 1989.

[[Page 48945]]

    In October of 1992, the EPA issued a notice letter to the PRP 
pursuant to 122(a) of CERCLA for conducting the Remedial Design and 
Remedial Action (RD/RA) for OU1. There was no response from the PRP 
resulting in EPA conducting the OU1 RD/RA. The OU1 RD/RA conducted by 
EPA in 1993 and 1994 consisted of removal of the tanks, process water 
and drums along with approximately 10,000 tons of contaminated soils. 
Contaminated soils immediately adjacent to or underlying the Gilda 
Bakery and Quality manufacturing buildings as well as under West 3rd 
Court were inaccessible and left in place.
    OU1 soil contamination remaining on site and off site in areas 
inaccessible for removal during OU1 are being addressed through 
institutional controls as required by CERCLA. Proper notification and 
facility information has been provided to potentially affected parties 
adjacent to the SAB site. A flagging system has been implemented 
through Florida Department of Environmental Resources Management (DERM) 
which utilizes the County permitting requirements for facility 
structural changes and improvements. Any permit request or change in 
structure on the adjacent properties will prompt notification to FDEP 
and the EPA to assure that appropriate steps are taken to address 
contaminated soils still remaining underneath the building foundations, 
where necessary. In addition to the flagging system, FDEP-Bureau of 
Waste Cleanup maintains a registry database for tracking former waste 
sites where remedial action includes use of institutional controls.
    OU2 groundwater monitoring was conducted by EPA in 1994 and from 
May 1995 through February 2001 by FDEP as required under CERCLA. 
Groundwater sampling in February 2001 confirmed that groundwater met 
federal and state drinking water standards. The Pollution Remediation 
Section of the Florida Department of Environmental Resources Management 
(DERM) concurred that sufficient groundwater monitoring for the 
chemicals of concern has occurred in accordance with the requirements 
of Chapter 24, Code of Miami-Dade County. In addition, there are no 
further requirements to address groundwater contamination at the site.
    The new owner agreed to place a restrictive covenant on the 
property deed that would maintain current and future property use 
consistent with the remedial action. In addition to the institutional 
control, the new owner agreed to close a monitoring well on site. 
Institutional controls have been initiated.
    All appropriate Fund-financed response under CERCLA has been 
implemented. No further response action is necessary.

Cleanup Standards

    The OU1 ROD determined that all soil concentrations for total 
chromium, hexavalent chromium or nickel above 519 ppm, 52 ppm or 370 
ppm would be excavated and disposed at an offsite permitted landfill 
facility.
    The OU1 ROD determined that monitoring was required to ensure that 
drinking water Maximum Contaminant Levels (MCLs) were achieved.

Operation and Maintenance

    FDEP conducted the required operation and maintenance and 
groundwater monitoring activities at the site subsequent to completion 
of the removal and remedial actions at the site.

Five-Year Review

    A statutory five-year review of the remedy was conducted in 
November of 1999 and determined that the remedy for the Site remained 
protective of human health and the environment. A second five-year 
review was conducted in 2005. The remedy for the Site continues to be 
protective of human health and the environment. Five-year reviews will 
be conducted in the future to assure the continued protectiveness of 
the remedy.

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 
that all appropriate responses under CERCLA have been completed, and 
that 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 October 26, 2007 unless EPA receives adverse comments by 
September 26, 2007. 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 13, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
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.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
for the ``Standard Auto Bumper Corp'' site in Hialeah, FL.

 [FR Doc. E7-16685 Filed 8-24-07; 8:45 am]
BILLING CODE 6560-50-P