[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21370]


[[Page Unknown]]

[Federal Register: August 30, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5062-2]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Deletion of the Wide Beach Development site from the 
National Priorities List (NPL).

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SUMMARY: The Environmental Protection Agency (EPA), Region II, 
announces the deletion of the Wide Beach Development site from the NPL. 
The NPL is Appendix B of 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), as amended. EPA and the State of New York 
have determined that all appropriate Hazardous Substance Response Trust 
Fund (Fund)-financed responses under CERCLA have been implemented and 
that no further cleanup by responsible parties is appropriate. 
Moreover, EPA and the State of New York have determined that remedial 
actions conducted at the site to date have been protective of public 
health, welfare, and the environment.

EFFECTIVE DATE: August 30, 1994.

FOR FURTHER INFORMATION CONTACT: Herbert H. King, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 26 Federal 
Plaza, Room 29-102, New York, NY 10278, (212) 264-1129.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Wide 
Beach Development site, Brant, New York.
    The closing date for comments on the Notice of Intent to Delete was 
April 30, 1994. EPA received two comment letters. One commentor 
suggested that deleting the site from the NPL at this time is 
premature, because he believes that an on-site wetland was not properly 
restored and because the owner of the restored wetland has cut down 
some trees and shrubs located on the wetland. The commentor also 
suggested that the site not be deleted from the NPL since a number of 
contractual claims have not been resolved with the remedial action 
contractor. The second commentor expressed concern about the possible 
instability of the treated soil that was used as fill on a portion of 
her property. This commentor also expressed concern about possible 
problems disposing of the treated soil, in the event that a home were 
to be built on her property. EPA's response to the first commentor is 
that the design of the wetlands restoration was performed by an 
experienced landscape architect and biologist and that the restored 
wetland is the functional equivalent of the original wetland. EPA also 
noted that, because of its small size, this wetland is not covered by 
New York State wetland regulations; and since it is an isolated wetland 
and of limited size, disturbances of up to one acre do not require a 
federal permit. Therefore, the land owner's removal of trees and shrubs 
from the restored wetland is not in violation of state or federal 
wetland regulations. In addition, EPA indicated that, since the 
unresolved claims are contractual issues, they are not relevant to 
deleting the site from the NPL. To the second commentor, EPA noted that 
the treated soil has been stable since 1991, and that, since the 
treated soil is nonhazardous, it could be disposed of in the same 
manner as any other excavated, nonhazardous soils.
    EPA identifies sites which appear to present a significant risk to 
public health, welfare, or the environment and it maintains the NPL as 
the list of those sites. Sites on the NPL may be the subject of Fund-
financed remedial actions. Any site deleted from the NPL remains 
eligible for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such action. Section 300.425 (e)(3) of 
the NCP states that Fund-financed actions may be taken at sites deleted 
from the NPL. Deletion of a site from the NPL does not affect 
responsible party liability or impede EPA's efforts to recover costs 
associated with response efforts.

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, Water pollution 
control, Water supply.

    40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321 (c)(2); 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 by removing the 
Wide Beach Development site, Brant, New York.
    Dated: August 17, 1994.
William J. Muszynski,
Deputy Regional Administrator.
[FR Doc. 94-21370 Filed 8-29-94; 8:45 am]
BILLING CODE 6560-50-P