50038 Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 

EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP—Continued 

Name of SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date EPA approval date Explanation 

Infrastructure for the 

1997 and 2006 PM2.5

NAAQS.

Statewide ..................... 3/28/2008 

9/16/2009 

8/20/2012 .....................

[Insert FR page number 

where document begins].

Approval for CAA elements 110(a)(2)(A), (B), 

(E), (F), (G), (H), (K), (L), and (M). 

Interstate transport for 

the 1997 ozone 

NAAQS (Noninterference with measures 

required to prevent 

significant deterioration of air quality in 

any other State).

Statewide ..................... 4/5/2011 8/20/2012 .....................

[Insert FR page number 

where document begins].

Approved except as it relates to GHGs. 

■ 3. Section 52.172 is amended by 

designating the existing text as 

paragraph (a) and adding paragraphs (b), 

(c), and (d) to read as follows: 

§ 52.172 Approval status. 

* * * * * 

(b) 1997 8-hour ozone NAAQS: The 

SIPs submitted December 17, 2007 and 

March 28, 2008 are partially 

disapproved for Clean Air Act (CAA) 

elements 110(a)(2)(C), (D)(i)(II) (interfere 

with measures in any other state to 

prevent significant deterioration of air 

quality), (D)(ii), and (J), only as it relates 

to Greenhouse Gas emissions. 

(c) 1997 PM2.5 NAAQS: The SIP 

submitted March 28, 2008 is 

disapproved for CAA elements 

110(a)(2)(C), (D)(ii), and (J). 

(d) 2006 PM2.5 NAAQS: The SIPs 

submitted March 28, 2008 and 

September 16, 2009 are disapproved for 

CAA elements 110(a)(2)(C), (D)(i)(II)) 

(interfere with measures in any other 

state to prevent significant deterioration 

of air quality), (D)(ii), and (J). 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—Section 107 Attainment 

Status Designations 

■ 5. Section 81.304 is amended: 

■ a. By revising the entry for entitled for 

‘‘Memphis TN–AR: (AQCR Metropolitan 

Memphis Interstate) Crittenden County’’ 

in the table entitled ‘‘Arkansas—1997 8- 

Hour Ozone NAAQS (Primary and 

Secondary)’’. 

■ b. By revising footnote 2 in the table 

entitled ‘‘Arkansas—1997 8-Hour Ozone 

NAAQS (Primary and Secondary)’’. 

The revisions read as follows: 

§ 81.304 Arkansas. 

* * * * * 

ARKANSAS—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY) 

Designated area 

Designation a Category/classification 

Date1 Type Date1 Type 

*******

Memphis TN–AR: (AQCR Metropolitan Memphis Interstate) 

Crittenden County.

..................... Attainment ................................ (2) 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 1This date is June 15, 2004, unless otherwise noted. 

2Effective April 23, 2010. 

* * * * * 

[FR Doc. 2012–20085 Filed 8–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9718–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Hooker (Hyde Park) Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is publishing a 

direct final Notice of Deletion of the 

Hooker (Hyde Park) Superfund Site 

(Site), located in Niagara Falls, New 

York, 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 an 

appendix of 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 

New York, through the Department of 

Environmental Conservation, because 

EPA has determined that all appropriate 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 50039 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 30, 2012 unless 

EPA receives adverse comments by 

September 19, 2012. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• Web site: http:// 

www.regulations.gov. Follow on-line 

instructions for submitting comments. 

• Email: sosa.gloria@epa.gov. 

• Fax: To the attention of Gloria M. 

Sosa at 212–637–4283. 

• Mail: To the attention of Gloria M. 

Sosa, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866. 

• Hand delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308), (Monday to Friday from 9 

a.m. to 5 p.m.). 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–1983– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region 2, Superfund Records Center, 

290 Broadway, 18th Floor, New York, 

NY 10007–1866, Telephone: (212) 

637–4308, Hours: Monday to Friday 

from 9 a.m. to 5 p.m. 

U.S. EPA Western NY Public 

Information Office, 86 Exchange 

Place, Buffalo, NY 14204–2026, 

Telephone: (716) 551–4410, Hours: 

Monday to Friday from 8:30 a.m. to 4 

p.m. 

FOR FURTHER INFORMATION CONTACT: 

Gloria M. Sosa, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866, 

telephone: (212) 637–4283, email: 

sosa.gloria@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 2 is publishing this direct 

final Notice of Deletion of the Hooker 

(Hyde Park) Superfund Site (Site), from 

the National Priorities List (NPL). The 

NPL constitutes Appendix B of 40 CFR 

part 300, which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (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 § 300.425(e)(3) 

of the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 30, 

2012 unless EPA receives adverse 

comments by September 19, 2012. 

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 for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Hyde Park Landfill 

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. 


emcdonald on DSK67QTVN1PROD with RULES
50040 Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the state of 

New York prior to 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 New York 

Department of Environmental 

Conservation, 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 Niagara Gazette, a major 

local newspaper. 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 

The Site, EPA ID No. NYD00831644, 

consists of approximately fifteen acres 

and is located in the northwest corner 

of the Town of Niagara, New York. The 

Site is immediately surrounded by 

several industrial facilities and property 

owned by the New York Power 

Authority. Residential neighborhoods 

are located to the northwest and south 

of the landfill. The Niagara River, an 

international boundary, is located 2,000 

feet to the northwest, down the Niagara 

Gorge which descends approximately 

350 feet below the surface of the 

landfill. The Niagara River flows into 

Lake Ontario approximately 10 miles 

downstream of the Site. Lake Ontario is 

a drinking-water source for millions. 

Niagara University, which has three 

thousand students, is less than one mile 

in distance from the Site. 

The Bloody Run is a small drainage 

area flowing north from the landfill and 

considered part of the Site. The stream 

flows under a neighboring industry via 

a storm sewer, and under University 

Drive via a storm sewer which emerges 

at the Niagara Gorge. 

The geology underlying the Site is 

glacial overburden overlying the 

fractured Lockport Dolomite bedrock. 

Groundwater in the vicinity of the 

landfill flows in both the overburden 

and the bedrock. Generally, the 

overburden is saturated at depths below 

ten feet. The groundwater movement 

from the landfill is both downward and 

horizontal. Some of this groundwater 

exits the Niagara Gorge Face in the form 

of seeps which flow into the Niagara 

River. Contaminants migrate from the 

landfill in two forms: Aqueous phase 

liquid (APL or contaminated 

groundwater) and dense non-aqueous 

phase liquid (NAPL). 

Hooker Chemical and Plastic 

Corporation, now Occidental Chemical 

Corporation (OCC), disposed of 

approximately 80,000 tons of waste 

(drummed and bulk liquids, and solids) 

at the Site, from 1953 to 1975, primarily 

chlorobenzenes, chlorotoluenes, 

halogenated aliphatics and 2,4,5- 

trichlorophenol (TCP) still bottoms. An 

estimated 3,300 tons of TCP were 

disposed of at the Site; TCP wastes are 

known to contain significant amounts of 

2,3,7,8-tetrachlorodibenzo-p-dioxin 

(TCDD). EPA has estimated that 

approximately 0.7–1.6 tons of TCDD 

were associated with the TCP wastes at 

the Site. 

The Site was proposed to the NPL in 

December 1982 (47 FR 58476) and was 

listed on the NPL in September 1983 (48 

FR 40658). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

EPA filed a lawsuit in 1979 in federal 

district court under the authority of the 

Resource Conservation and Recovery 

Act and the Clean Water Act seeking to 

require that OCC remediate the Site. 

EPA, New York State and OCC filed a 

Stipulation and Judgment Approving 

Settlement Agreement (Settlement 

Agreement) in January 1981, which the 

Court approved in April 1982. The 

Settlement Agreement required OCC to 

perform an Aquifer Survey (which can 

be compared to a Remedial 

Investigation) to define the extent of 

contamination in the overburden and 

bedrock and assess remedial 

alternatives. OCC completed this effort 

in 1983. The results of the aquifer 

survey were used by the negotiation 

team (EPA/NY State and OCC) to agree 

on remedial actions to be performed at 

the Site. These required remedial 

actions were documented in a 

Stipulation on Requisite Remedial 

Technology (RRT Stipulation), which 

was approved by the Court in August 

1986. During the RRT negotiations, EPA 

performed a risk assessment using worst 

case exposure scenarios which 

indicated that the greatest risk from the 

Site was the consumption of fish 

contaminated with TCDD. 

Selected Remedy 

EPA issued an Enforcement Decision 

Document (EDD—a precursor and 

equivalent to a Record of Decision) on 

November 26, 1985, which documented 

the remedial action selected for Site 

cleanup. EPA acknowledged that the 

APL and NAPL plumes would not be 

remediated to drinking water standards 

because of the persistent nature of 

NAPL. Therefore, the goal of the 

remedies selected in the EDD was to 

hydraulically contain contaminated 

groundwater (APL plume) in the 

vicinity of the Site, while extracting as 

much NAPL as is practicable. 

The major components of the 1985 

EDD included the following: 

• Source control (prototype extraction 

wells); 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 50041 

• Containment and collection of APL 

and NAPL in the overburden; 

• Containment and collection of APL 

and NAPL in the bedrock; 

• Treatment of collected APL and 

NAPL; 

• Community Monitoring Program 

(monitoring wells for early detection of 

Site chemicals); 

• Intermediate and Deep Formations 

Study (monitoring wells); 

• Industrial Protection Program 

(remediation of sumps and sealing of 

manholes); 

• Perimeter Capping (clay cap around 

perimeter of landfill); 

• Gorge face seeps remediation; 

• Bloody Run Excavation or Capping; 

• Final capping and Site closure; and, 

• TCDD Bioaccumulation Study in 

Lake Ontario. 

The RRT established APL Plume Flux 

Action Levels for the following 

chemicals: TCDD (0.5 grams/year); 

perchloropentacyclodecane [Mirex] 

(0.005 lbs/day); Aroclor 1248 (0.005 lbs/ 

day); and, chloroform (1.7 lbs/day). 

These action levels represent 

concentrations of these contaminants 

that, if detected entering the river (flux 

of contaminants to the river) at or above 

these concentrations, would cause OCC 

to take additional remedial actions (e.g. 

increased pumping, installing 

additional wells or other remedial 

measures) to reduce these contaminant 

levels. 

On May 7, 2012, EPA issued an ESD 

which had two components. This ESD 

documented the placement of an 

institutional control, a Declaration of 

Restrictive Covenants and 

Environmental Easement, on the 

property which constitutes the former 

Hyde Park Landfill. In addition, this 

ESD clarifies that the selected remedy 

for the Site in the EDD is a containment 

remedy and not an aquifer restoration 

remedy intended to restore the aquifer 

to its best beneficial use (i.e., a source 

of drinking water). The goal of a 

containment remedy is to prevent the 

migration of disposed waste and 

leachate along with affected 

groundwater from a landfill or site. 

Response Actions 

Source Control 

The purpose of the source control 

program is to reduce the amount of 

chemicals migrating downward from the 

landfill by removing any mobile NAPL 

remaining in the landfill. OCC installed 

6 source controls wells (two 36-inch 

wells and four 2-inch wells) in the 

landfill. Nine monitoring wells were 

also installed in the landfill. One 

source-control well has since been 

converted to a monitoring well because 

of low NAPL collection. The source 

control program has not yielded large 

amounts of NAPL. EPA believes that 

most of NAPL which was once present 

in the overburden in the landfill has 

either sorbed to the bedrock, been 

captured, or remains in pockets or pools 

that are not hydraulically connected to 

the source control wells. In addition, the 

installation of the final cap on the 

landfill has eliminated the continued 

production of leachate from rainfall and 

thereby dramatically reduced the 

hydraulic head of APL within the 

landfill, removing the driving force for 

the NAPL. 

NAPL is extracted by the sourcecontrol wells and flows into a decanter 

at the onsite Storage and Treatment 

Facility. NAPL is transported by truck to 

a permitted offsite facility for 

incineration. To date, more than 

300,000 gallons of NAPL have been 

removed and destroyed. 

Overburden APL and NAPL Plume 

Containment System 

The Overburden Barrier Collection 

System (OBCS), a drain around the 

entire landfill to contain and collect 

contaminated groundwater, was 

installed by OCC in 1991. Pumping 

wells create an inward hydraulic 

gradient. Water-level measurements 

indicate that an inward gradient is being 

achieved in the overburden, thereby 

capturing the contaminated 

groundwater associated with the Site. 

Both APL (above MCLs) and NAPL were 

not observed in any of the overburden 

monitoring well locations after 1996, 

indicating that the OBCS serves as an 

effective barrier to offsite NAPL 

migration. 

Bedrock NAPL Plume Containment 

System 

The Bedrock NAPL Plume 

Containment System, consisting of 

extraction (pumping) wells, was 

designed and installed by OCC in a 

phased approach between 1990 and 

1997. A total of 16 extraction wells were 

installed and are pumped to achieve an 

inward hydraulic gradient. Water-levels 

are measured quarterly to ensure 

capture of contaminated groundwater. 

Bedrock APL Plume Containment 

System 

The APL Plume Containment System, 

consisting of three purge wells installed 

at the Niagara Gorge Face in 1994, 

contains and collects a significant 

portion of the APL plume. The portion 

of the APL plume not collected by these 

wells is monitored by 3 flux monitoring 

well clusters to the west of the Site and 

3 piezometer clusters in the northern 

and eastern portion of the APL plume. 

Leachate Storage and Treatment Facility 

APL is treated onsite at the Leachate 

Storage and Treatment Facility 

constructed by OCC which began 

operating in April 1990. The APL/NAPL 

mixture is pumped from the wells 

through force mains into a decant tank. 

The NAPL, denser than water, settles to 

the bottom. APL is taken off the top of 

the decanter and pumped into the 

storage tanks. The APL first passes 

through sacrificial activated carbon beds 

(which cannot be recycled because of 

the dioxin and are disposed of offsite). 

The APL is then treated in an activated 

carbon system. The facility currently 

has a capacity to treat 400 gallons per 

minute. 

Landfill Cap 

The perimeter cap of the landfill was 

completed in 1991, and the entire 

landfill was capped in 1994. The final 

cap consisted of the following: 36 

inches of low-permeability clay; a 

synthetic membrane; a drainage layer 

and topsoil seeded with native 

vegetation for barrier protection. EPA 

routinely inspects the landfill cap for 

erosion. The current condition of the 

cap is excellent. 

Bloody Run Remediation 

The Bloody Run received drainage 

from the landfill prior to any remedial 

measures being conducted at the Site. 

OCC excavated approximately thirty 

thousand cubic yards of contaminated 

sediment from the Bloody Run drainage 

area. The area was then backfilled and 

covered with riprap. This work was 

completed in January 1993. The Bloody 

Run now flows via a storm sewer which 

surfaces at the Niagara Gorge. The 

restored area was observed to have 

abundant vegetation during a Site visit 

in June 2011. 

Niagara River Gorge Face Remediation 

Groundwater seeps from the rock at 

the Niagara Gorge, approximately 2000 

feet from the Site. TCDD was detected 

in one sample from a seep during 

remedial investigations at 0.2 parts per 

trillion (ppt). EPA and New York State 

determined that humans should be 

isolated from the seeps to prevent an 

exposure pathway to the contaminants. 

The Gorge Face Seeps were remediated 

in 1988, except for the Bloody Run 

portion, which was remediated in 1994. 

Access by humans to the seeps has been 

prevented by the installation of fences 

and the diversion of seeps into culverts. 

All contaminated sediments were 

scraped away. Annual inspections of the 


emcdonald on DSK67QTVN1PROD with RULES
50042 Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 

Gorge Face are conducted by 

representatives of EPA, New York State 

and OCC. The pumping of the APL 

wells has strongly influenced the seeps, 

drying many. 

Institutional Controls 

A Declaration of Restrictive 

Covenants and Environmental Easement 

was placed on the property and lodged 

with the County of Niagara on October 

7, 2010. The Grantor (OCC) grants a 

permanent restrictive covenant and an 

environmental easement to the Grantee 

(Town of Niagara) to provide a right of 

access over the approximately twentyone acre property (the ‘‘Property’’) for 

purposes of implementing, facilitating 

and monitoring the remedial action. The 

Property includes the Site as well as the 

Bloody Run Drainage area. The 

covenant/easement also imposes on the 

property use restrictions that will run 

with the land for the purpose of 

protecting human health and the 

environment in the future. 

The following restrictions apply to the 

use of the Property, run with the land, 

and are binding on the Grantor: The 

Property shall not be used in any 

manner that would interfere with or 

adversely affect the implementation, 

integrity, or effectiveness of the 

remedial action performed at the Site, 

including, but not limited to: (a) The 

extraction of on-site groundwater; (b) 

any digging, excavation, extraction of 

materials, construction, or other activity 

outside the requirements of the remedial 

action that would disturb the cap placed 

upon the Landfill at the Site; or (c) other 

activity that would disturb or interfere 

with any portion of the remedial action 

for the Site enumerated in the RRT 

Stipulation. The Property may not be 

used for residential use. However, the 

Property may be used for commercial or 

industrial use as long as designated, and 

long term engineering controls are 

employed and remain effective, 

specifically, the operation of the portion 

of the Response Action pertaining to the 

extraction wells, treatment facility and 

maintenance of the cap. 

In addition to the Site-specific 

institutional control, the Niagara County 

Department of Health imposes 

restrictions on the drilling and usage of 

wells. These restrictions ensure that 

drinking-water wells are not installed in 

areas of contaminated groundwater, 

effectively preventing exposure to Siterelated contaminants through ingestion. 

Additional Remedial Actions 

OCC has performed additional 

remedial actions at the Site in addition 

to those previously discussed. The 

onsite lagoons were remediated in 1991. 

NAPL in the lagoons was pumped into 

the leachate storage facility and the 

lagoons were closed. NAPL was also 

pumped from four railroad tank cars, 

which had been used onsite for years as 

storage for NAPL generated from 

remedial investigations because there 

was no facility permitted to destroy 

dioxin. In 1991, the tank cars were 

placed in the waste disposal cells. 

OCC also remediated sewers in the 

area. Sewers provided preferential 

pathways for contaminants to migrate 

through the overburden. OCC relocated 

a sewer at TAM Ceramics and 

remediated the College Heights sewer. 

The remediation of the University Drive 

(bordering Niagara University) sewer 

was completed in August 1993. NAPL 

contaminated soils were removed from 

under University Avenue. 

Additional Studies Conducted 

OCC conducted an Intermediate 

Formations Study to determine if 

contaminants from the Site had 

penetrated the Rochester Shale 

(aquitard) formation below the Lockport 

Dolomite. Most of the parameters were 

not detected above the concentrations of 

Lower Formation Survey Parameters 

listed in the RRT Stipulation. However, 

phenol, total organic halogen, PCB-1248 

and conductivity did exceed the survey 

levels. OCC calculated a flux in the 

monitoring report which was four to 

five orders of magnitude below the Flux 

Action Level. OCC was not required to 

install monitoring wells in the Deep 

Formations because the Intermediate 

Formations’ investigation indicated that 

Site contaminants had not migrated 

through the shale and were not present 

in the Intermediate Formations. 

Lake Ontario TCDD Bioaccumulation 

Study 

The RRT established APL Plume Flux 

Action Levels based on EPA’s worstcase bioaccumulation assumptions for 

the following chemicals: TCDD (0.5 

grams/year); perchloropentacyclodecane 

[Mirex] (0.005 lbs/day); Aroclor 1248 

(0.005 lbs/day); and, chloroform (1.7 

lbs/day). These action levels represent 

concentrations of these contaminants 

that, if detected entering the river (flux 

of contaminants to the river) at or above 

these concentrations, would require 

OCC to take additional remedial actions 

(e.g. increased pumping, installing 

additional wells or other remedial 

measures) to reduce these contaminant 

levels. The only parameter detected in 

2001 was TCDD. OCC calculated the 

flux of TCDD to the Niagara River as 

7.06 × 10¥5 grams/year, which is 

several orders of magnitude below the 

Flux Action. 

The predicted steady-state TCDD 

concentrations for an input comparable 

to the TCDD APL Plume Flux Action 

Level of 0.5 grams/year are 0.026 

nanograms/year (sorbed sediment 

concentrations) and 9.5 × 10¥5 

picograms/liter (water column dissolved 

concentration). 

The TCDD Study, together with the 

model, indicated that TCDD was 

bioaccumulating in the tissues of 

various species of Lake Ontario fish at 

a range of rates such that the overall 

TCDD APL Plume Flux Action Level of 

0.5 grams/year stipulated by the RRT 

remains protective. 

Community Monitoring Program 

The Community Monitoring Wells, a 

system of wells installed in 1987 in both 

the overburden and shallow bedrock 

throughout the neighborhood, provide 

early warning of the presence of Siterelated contaminants in the 

groundwater. These wells are sampled 

and analyzed quarterly. Should Siterelated contaminants be detected, OCC 

must take further remedial action. Siterelated contaminants have never been 

detected in these wells. The data 

collected have demonstrated that the 

groundwater flow is vertically 

downward in the nearby community. 

EPA and New York State review the 

analytical results from sampling of these 

wells to ensure the community is being 

protected. 

Vapor monitoring is performed in the 

overburden community monitoring 

wells annually during the third quarter 

when temperature is high and the 

volatilization potential is greatest. If 

vapor readings for total VOCs exceed 

0.050 parts per million by volume 

(ppmv), OCC is required to take a 

groundwater quality sample. Vapor 

readings, as documented in the 2011 

Annual Report, have been at 0 parts per 

billion by volume (ppbv) for all 

Community Monitoring Wells. 

Cleanup Goals 

The RRT established APL Plume Flux 

Action Levels for the following 

chemicals: TCDD (0.5 grams/year); 

perchloropentacyclodecane [Mirex] 

(0.005 lbs/day); Aroclor 1248 (0.005 lbs/ 

day); and, chloroform (1.7 lbs/day). 

Sampling results from December 2011 

indicate that the concentrations of the 

APL Flux parameters are significantly 

below their respective Flux Action 

Levels. None of the APL Flux 

Parameters were detected above their 

detection levels and calculation of the 

flux to the Niagara River Gorge was not 

required. The detection levels for the 

Polychlorinated Biphenyls (PCBs) are as 

follows: Pentachlorobiphenyl is 0.20 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 50043 

micrograms per liter (mg/L), 

Tetrachlorobiphenyl is 0.20 mg/L and 

Trichlorobiphenyl is 0.098 mg/L. The 

detection levels for the pesticides are as 

follows: alpha-BHC 0.050 mg/L, betaBHC 0.050 mg/L, delta-BHC 0.050 mg/L, 

gamma-Chlordane 0.050 mg/L. The 

detection limit for Mirex is 0.050 mg/L 

and for 2,3,7,8-TCDD) is 9.52 

picograms/L. 

The performance goal for the remedy 

is containment of contaminated 

groundwater. EPA utilized multiple 

lines of evidence to determine that site 

related contamination is being 

hydraulically contained. These multiple 

lines of evidence include: 

Potentiometric surface maps for the 

eight monitored flow zones; 

groundwater quality data; groundwater 

flow budget and particle tracking 

analysis using a numerical groundwater 

flow model; vertical hydraulic gradient 

data; historical groundwater quality 

trends from the NAPL Performance 

Monitoring Wells; groundwater relative 

age dating based on sulfate 

concentrations; and, comparison of the 

chemistry of the seeps in the Niagara 

River gorge to the chemistry of the 

bedrock groundwater. 

Following all these lines of evidence, 

EPA concluded that the performance 

objectives of the remedy were 

maintained throughout the year. Based 

upon these results, the EDD remedy 

selected for the Site is deemed to be 

effective in protecting human health 

and the environment. Groundwater 

monitoring continues to demonstrate 

that hydraulic containment is being 

achieved at the Site. The results of the 

groundwater monitoring are presented 

in the Site annual reports which 

document containment. 

Although cleanup levels were not 

developed for Bloody Run, post 

excavation sampling indicated that 

contaminants were remediated to 

concentrations below 1 microgram per 

kilogram (mg/kg) for TCDD and 25 

milligram per kilogram (mg/kg) for 

Arochlor 1248. The excavated area was 

backfilled with clean soil and covered 

in riprap, further reducing exposure. 

Operation and Maintenance 

OCC and CRA prepared the Hyde Park 

Collection and APL Treatment System 

Operation and Maintenance Manual 

(O&M Manual) in December 2003, 

which was approved by EPA and 

NYSDEC. The O&M Manual was 

subsequently revised and incorporated 

into the Performance Monitoring Plan in 

2006. 

The treatment system treats more than 

fifty million gallons of water each year 

and is monitored on a daily, weekly and 

quarterly basis to ensure compliance 

with the discharge requirements. There 

are nine locations in the system where 

water samples are collected to monitor 

system performance. The carbon beds at 

the Treatment Facility are routinely 

changed and regenerated. The sacrificial 

carbon beds, which cannot be 

regenerated, must also be changed and 

disposed. 

OCC must perform extensive well and 

pump maintenance, as NAPL often fouls 

wells and pumps. Annual inspections of 

the monitoring wells are conducted to 

ensure that the casings and caps are in 

good condition. 

Five-Year Review 

Hazardous substances remain at the 

Site above levels that would allow for 

unlimited use with unrestricted 

exposure. Pursuant to Section 121(c) of 

CERCLA, EPA reviews site remedies 

where such hazardous substances, 

pollutants, or contaminants remain no 

less often than every five years after the 

initiation of a remedy at a site. 

Three Five-Year Reviews have been 

completed at this Site. The fourth FiveYear Review, completed in September 

2011, concluded that the remedy is 

functioning as intended by the Site’s 

decision documents. There have been 

no changes in the physical conditions of 

the Site that would affect the 

protectiveness of the remedy. The 

hydraulic containment stipulated in the 

EDD and RRT has been achieved. There 

have been no changes in the toxicity 

factors for the contaminants of concern 

and there has been no change to the 

standardized risk assessment 

methodology that could affect the 

protectiveness of the remedy. There is 

no other information that calls into 

question the protectiveness of the 

remedy. The next Five-Year Review is 

scheduled to be completed before 

September 2016. 

Community Involvement 

Public participation activities for this 

Site have been satisfied as required in 

CERCLA Section 113(k), 42 U.S.C. 

9613(k), and Section 117, 42 U.S.C. 

9617. EPA held numerous public 

meetings through the remedy selection 

process and subsequent implementation 

of remedial activities by OCC. All other 

documents and information which EPA 

relied on or considered in 

recommending this deletion are 

available for the public to review at the 

information repositories. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

All of the completion requirements 

for this Site have been met, as described 

in the August 2012 Final Close-Out 

Report. The State of New York, in a July 

29, 2008 letter, concurred with the 

proposed deletion of this Site from the 

NPL. 

The NCP specifies that EPA may 

delete a site from the NPL if ‘‘all 

appropriate Fund-financed response 

under CERCLA has been implemented, 

and no further response action by 

responsible parties is appropriate.’’ 40 

CFR 300.425(e)(1)(ii). EPA, with the 

concurrence of the State of New York, 

through NYSDEC, believes that this 

criterion for deletion has been met 

because landfill cap has decreased 

leachate generation and as a result, 

NAPL mobility has decreased. In 

addition, overburden and bedrock 

hydraulic containment is effective in 

containing both NAPL and APL plumes 

within the TI zone documented in the 

2011 ESD and prevent contaminants 

from seeping into the Niagara River. 

Finally, ICs prevent disturbance of the 

landfill cap and consumption of 

contaminated groundwater. 

Consequently, EPA is deleting this Site 

from the NPL. Documents supporting 

this action are available in the Site files. 

V. Deletion Action 

The EPA, with concurrence of the 

State of New York through the 

Department of Environmental 

Conservation, has determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, monitoring 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 on September 

30, 2012 unless EPA receives adverse 

comments by September 19, 2012. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 


emcdonald on DSK67QTVN1PROD with RULES
50044 Federal Register / Vol. 77, No. 161 / Monday, August 20, 2012 / Rules and Regulations 

Dated: August 9, 2012. 

Judith A. Enck, 

Regional Administrator, EPA, Region 2. 

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 ‘‘Hooker (Hyde 

Park)’’, ‘‘Niagara Falls ’’ under NY. 

[FR Doc. 2012–20267 Filed 8–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL 9717–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the W.R. Grace & Co., Inc./Wayne 

Interim Storage (USDOE) Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region II is publishing a 

direct final Notice of Deletion of the 

W.R. Grace & Co., Inc./Wayne Interim 

Storage (USDOE) Superfund Site (the 

Site), located at 868 Black Oak Ridge 

Road, Wayne Township, NJ 07470, 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 an 

appendix of 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 

New Jersey, through the Department of 

Environmental Protection, because EPA 

has determined that all appropriate 

response actions under CERCLA, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective on September 30, 2012, unless 

EPA receives adverse comments by 

September 19, 2012. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2005–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: ingrisano.paul@epa.gov. 

• Fax: 212–637–3256. 

• Mail: Paul G. Ingrisano, Project 

Manager, Federal Facilities Section, 

Emergency & Remedial Response 

Division, U.S. EPA, Region II, 290 

Broadway, 18th floor, New York, NY 

10007–1866. 

• Hand Delivery: U.S. EPA Superfund 

Records Center, Region II, 290 

Broadway, 18th floor, New York, NY 

10007–1866. 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–2005– 

0011. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through http://www.

regulations.gov or email. The http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http://www.regulations.

gov index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statue. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in the hard copy. Publicly 

available docket materials are available 

either electronically in http://www.

regulations.gov or in hard copy at: 

U.S. EPA Superfund Records Center, 

Region II, 290 Broadway, 18th floor, 

New York, NY 10007–1866. Business 

hours: 9 a.m. to 5 p.m., Monday 

through Friday. Phone 212–637–4308. 

Wayne Public Library, 461 Valley Road, 

Wayne, NJ 07470. Business hours: 9 

a.m. to 9 p.m., Monday through 

Thursday; 9 a.m. to 5:30 p.m., Friday; 

10 a.m. to 5 p.m., Saturday; closed 

Sunday, June through August; 1 p.m. 

to 5 p.m., September through May. 

Phone 973–694–4272. 

FOR FURTHER INFORMATION CONTACT: Paul 

G. Ingrisano, Project Manager, U.S. EPA, 

Region II, 18th Floor, 290 Broadway, 

New York, NY 10007–1866, 212–637– 

4337, email: ingrisano.paul@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 II is publishing this direct 

final Notice of Deletion of the 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 CERCLA, 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 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective on September 

30, 2012, unless EPA receives adverse 

comments by September 19, 2012. 

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 


emcdonald on DSK67QTVN1PROD with RULES