[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Rules and Regulations]
[Page 47377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17788]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7797-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of deletion for the Hooker (102nd Street) Superfund Site 
from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region II Office 
announces the deletion of the Hooker (102nd Street) Superfund Site from 
the National Priorities List (NPL). The Hooker (102nd Street) Site is 
located in the City of Niagara Falls, Niagara County, New York. The NPL 
is Appendix B to the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR part 300, which the EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as amended. The EPA 
and New York State, through the Department of Environmental 
Conservation (NYSDEC) have determined that all appropriate response 
actions have been implemented and that no further response actions, 
other than operation, maintenance, and monitoring, are required. In 
addition, the EPA and the NYSDEC have determined that the remedial 
action taken at the Hooker (102nd Street) Site is protective of public 
health, welfare, and the environment.

EFFECTIVE DATE: August 5, 2004.

FOR FURTHER INFORMATION CONTACT: Paul J. Olivo, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
20th Floor, New York, New York 10007-1866, (212) 637-4280.

SUPPLEMENTARY INFORMATION: To be deleted from the NPL is the Hooker 
(102nd Street) Superfund Site, City of Niagara Falls, Niagara County, 
New York.
    A Notice of Intent-to-Delete for the Hooker (102nd Street) Site was 
published in the Federal Register on March 17, 2004 (69 FR 12604). The 
closing date for comments on the Notice of Intent-to-Delete was April 
16, 2004. The EPA received no comments on the proposed deletion. The 
EPA identifies sites that appear to present a significant risk to 
public health, welfare, or the environment, and the EPA 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]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended by removing ``Hooker 
(102nd Street), Niagara Falls, New York.''

[FR Doc. 04-17788 Filed 8-4-04; 8:45 am]
BILLING CODE 6560-50-P