Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 63099 

* * * * * 

[FR Doc. 2013–24118 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9901– 

75–Region 2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Hooker (Hyde Park) Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 announces the 

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). The EPA and 

the State of New York, through the 

Department of Environmental 

Conservation, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This action is effective October 

23, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1983–0002. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., confidential 

business information 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 through http://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers, 

and viewing hours are: 

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 9:00 a.m. to 5:00 p.m. 

U.S. EPA Western New York Public 

Information Office, 86 Exchange 

Place, Buffalo, NY 14204–2026. 

Telephone: (716) 551–4410. Hours: 

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

4:00 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: The Site 

to be deleted from the NPL is the 

Hooker (Hyde Park) Superfund Site, 

located in Niagara Falls, New York. A 

Notice of Intent to Delete for this Site 

was published in the Federal Register 

on August 20, 2012 (77 FR 50038– 

50044). 

The closing date for comments on the 

Notice of Intent to Delete was 

September 19, 2012. During the 

comment period, EPA received 

correspondence offering critical 

comments. The comments reflected 

concern that the Site is a continuing 

source of contaminants to the Niagara 

River and the deletion of the Site was 

premature. As a result of the critical 

comments, EPA published a Notice of 

Withdrawal of Direct Final Deletion of 

the Site in the Federal Register on 

September 27, 2012 (77 FR 59338), 

withdrawing the direct final deletion for 

the Site and announcing it would 

evaluate and respond to the significant 

comments and, if appropriate, proceed 

with the traditional two-step deletion 

process. 

After careful consideration of the 

comments received, EPA concluded that 

the deletion of the Site is still 

appropriate. Following various lines of 

evidence, EPA has concluded that the 

performance objectives of the remedy 

selected for the Site in 1984 continue to 

be met and that the remedy selected for 

the Site is protective of human health 

and the environment. All response 

activities selected in the remedy have 

been implemented, and operation and 

maintenance activities are ongoing. EPA 

has the authority to respond 

appropriately if a problem or situation 

arises at a site after it is deleted. EPA 

will continue to provide oversight, 

review monitoring reports, and 

routinely communicate with the 

responsible party performing work at 

the Site. Operation and maintenance of 

the remedy will continue at the Site and 

monitoring will continue to be 

performed to confirm the effectiveness 

of response actions performed at the 

Site, including the maintenance of 

hydraulic capture. 

A responsiveness summary was 

prepared which addresses all comments 

received on the deletion and provides 

rationale that the deletion is considered 

appropriate. The responsiveness 

summary and all comments on the 

deletion action may be viewed in both 

the docket, EPA–HQ–SFUND–1983– 

0002, on www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. 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. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

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: September 26, 2013. 

Judith A. Enck, 

Regional Administrator, EPA, Region 2. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry under 

‘‘NY’’ for Hooker (Hyde Park), Niagara 

Falls. 

[FR Doc. 2013–24689 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 


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