[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Page 45604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17374]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7794-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of deletion for the Niagara County Refuse Superfund site 
from the National Priorities List.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region II 
Office announces the deletion of the Niagara County Refuse Superfund 
site from the National Priorities List (NPL). The Niagara County Refuse 
site is located in the Town of Wheatfield, Niagara County, New York. 
The NPL constitutes Appendix B to the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. 
EPA and New York State, through the Department of Environmental 
Conservation (NYSDEC) have determined that all appropriate response 
actions have been implemented and no further response actions, other 
than operation, maintenance, and monitoring, are required. In addition, 
EPA and the NYSDEC have determined that the remedial action taken at 
the Niagara County Refuse site is protective of public health, welfare, 
and the environment.

EFFECTIVE DATE: July 30, 2004.

FOR FURTHER INFORMATION CONTACT: Michael J. Negrelli, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
20th Floor, New York, New York 10007-1866, (212) 637-4278.

SUPPLEMENTARY INFORMATION: To be deleted from the NPL is: the Niagara 
County Refuse Superfund site, Town of Wheatfield, Niagara County, New 
York.
    A Notice of Intent to Delete for the Niagara County Refuse site was 
published in the Federal Register on March 17, 2004. The closing date 
for comments on the Notice of Intent to Delete was April 16, 2004. EPA 
received two comments on the proposed deletion during the public 
comment period. Both comments were from local residents opposed to the 
deletion due to historical flooding problems experienced at their homes 
associated with wetlands adjacent to the landfill and their properties. 
The commentors assigned a portion of the blame for the flooding to the 
presence of the landfill and EPA's actions at the landfill. In 
response, EPA notes that research shows that poor drainage and flooding 
were evident at least as far back as the 1970s and that both federal 
and State designated wetlands located to the north of the site have 
been regulated since the late 1970s. Steps were taken during the 
remediation of the landfill to minimize or reduce the impacts of 
increased surface water drainage to an already existing flood prone 
environment. EPA's decision to propose the site for delisting is based 
on the successful implementation of the multi-layered cap remedy to 
contain landfill wastes to prevent the migration of contaminants into 
the surrounding environment, thereby mitigating risks to human health 
and the environment. The monitoring data collected on a regular basis 
since the construction of the remedy was completed in December 2000 
confirm that the remedy is operating as designed and is protective of 
human health and the environment. EPA identifies sites that appear to 
present a significant risk to public health, welfare, or the 
environment and it maintains the NPL as the list of those sites. As 
described in Sec.  300.425(e)(3) of the NCP, any site or portion 
thereof deleted from the NPL remains eligible for remedial actions in 
the unlikely event that conditions at the site warrant such action in 
the future. Deletion of a site from the NPL does not affect responsible 
party liability or impede agency efforts to recover costs associated 
with response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution controls, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 6, 2004.
Walter Mugdan,
Acting Regional Administrator, Region II.

0
For the reasons set out in the preamble, part 300, Chapter I of Title 
40 of the Code of Federal Regulations, is amended as follows:

PART 300--[AMENDED]

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

    Authority: 42 U.S.C. 9601-9675; 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]

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2. Table 1 of Appendix B to Part 300 is amended by removing ``Niagara 
County Refuse, Town of Wheatfield, New York.''
[FR Doc. 04-17374 Filed 7-29-04; 8:45 am]
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