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Docket. Documents relevant to this scheduled for March 31, 2004. Persons Dated: March 9, 2004. action are available for public wishing to present oral testimony on the Jeffrey R. Holmstead, inspection at the EPA Docket Center, Supplemental Proposal may do so. The Assistant Administrator for Air and located at 1301 Constitution Avenue, meeting facilities and their phone Radiation. NW., Room B102, Washington, DC numbers are provided above under [FR Doc. 04–6093 Filed 3–16–04; 8:45 am] between 8:30 a.m. and 4:30 p.m., ADDRESSES. BILLING CODE 6560–50–P Monday through Friday, excluding legal If you would like to present oral holidays. A reasonable fee may be testimony at the hearing, please notify charged for copying. Documents are also Ms. Kelly Hayes at (919) 541–5578 no ENVIRONMENTAL PROTECTION available through EPA’s electronic later than March 26, 2004. She will AGENCY Docket system at http://www.epa.gov/ provide you with a specific time and 40 CFR Part 300 edocket. date to speak. Worldwide Web. The EPA Web site for The public hearing will begin each [FRL–7637–3] this rulemaking, which includes the day at 8 a.m. and continue into the Supplemental Proposal and information National Oil and Hazardous evening until 9 p.m., or later if about the public hearing, is at http:// Substances Pollution Contingency necessary, depending on the number of www.epa.gov/mercury. Plan; National Priorities List speakers. The EPA is scheduling lunch FOR FURTHER INFORMATION CONTACT: If breaks from 12:30 until 2 p.m. and AGENCY: Environmental Protection you would like to speak at the public dinner breaks from 6 to 7:30 p.m. Agency. hearing or have questions concerning Oral testimony will be limited to a ACTION: Notice of intent to delete the the public hearing, please contact Ms. Hooker-102nd Street Superfund Site Kelly Hayes at the address given below total of 10 minutes per commenter to address the Supplemental Proposal. We from the National Priorities List. under SUPPLEMENTARY INFORMATION or at will not be providing equipment for (919) 541–5578. Questions concerning SUMMARY: The Environmental Protection commenters to show overhead slides or the Supplemental Proposal should be Agency (the ‘‘EPA’’ or the ‘‘Agency’’), make computerized slide presentations addressed to William Maxwell, U.S. Region 2, announces its intent to delete unless we receive special requests in EPA, Office of Air Quality Planning and the Hooker-102nd Street Superfund Site advance. Commenters should notify Ms. Standards, Emission Standards (Site) from the National Priorities List Kelly Hayes if they will need specific Division, Combustion Group (C439–01), (NPL) and requests public comment on equipment. The EPA encourages Research Triangle Park, NC 27711, this action. commenters to provide written versions telephone number (919) 541–5430, e- The NPL is Appendix B of the; of their oral testimonies either mail at [email protected]. For National Oil and Hazardous Substances electronically on computer disk or CD information on section 111 Hg Model Pollution Contingency Plan (NCP), 40 ROM or in paper copy. Trading Rule contact Mary Jo Krolewski, CFR Part 300, which the EPA U.S. EPA, 1200 Pennsylvania Ave. (MC The hearing schedules, including lists promulgated pursuant to Section 105 of 6204J), Washington, DC 20460, of speakers, will be posted on EPA’s the Comprehensive Environmental telephone number (202) 343–9847, fax Web pages for the rulemakings at http:/ Response, Compensation, and Liability number (202) 343–2358, electronic mail /www.epa.gov/mercury prior to the Act of 1980 (CERCLA), as amended. The (e-mail) address, hearing. Verbatim transcripts of the EPA and New York State, through its [email protected]. For hearing and written statements will be Department of Environmental information on the part 75 Hg included in the rulemaking docket. Conservation (NYSDEC) have monitoring requirements contact Ruben Comment Period determined that all appropriate Deza, U.S. EPA, 1200 Pennsylvania Ave. response actions under CERCLA have (MC 6204J), Washington, DC 20460, Due to the many requests we have been implemented and that no further telephone number (202) 343–3956, fax received from both the public and response actions, other than operation, number (202) 343–2358, electronic mail members of Congress to extend the maintenance, and monitoring, are (e-mail) address, [email protected]. public comment period for the January required. Moreover, the EPA and the SUPPLEMENTARY INFORMATION: 30, 2004, Proposed Utility Mercury NYSDEC have determined that the Site Reduction Rule to reduce air emissions no longer poses a significant threat to Public Hearing of mercury and nickel, EPA is extending public health or the environment. The The public hearing will provide the public comment period by 30 days. Site is located in the City of Niagara interested parties the opportunity to Therefore, the public comment period Falls, Niagara County, New York. present data, views, or arguments will end on April 30, 2004, rather than DATES: The EPA will accept comments concerning the Supplemental Proposal. March 30, 2004. concerning its intent to delete on or The EPA may ask clarifying questions How Can I Get Copies of This before April 16, 2004. during the oral presentations, but will Document and Other Related ADDRESSES: Comments should be not respond to the presentations at that Information? mailed to: Paul J. Olivo, Hooker-102nd time. Written statements and supporting Street Site Remedial Project Manager, information submitted during the The EPA has established the official U.S. Environmental Protection Agency, comment period will be considered public docket for the Supplemental Region 2, 290 Broadway, 20th Floor, with the same weight as any oral Proposal and the Utility Mercury New York, New York 10007–1866. comments and supporting information Reductions Rule under Docket ID No. Comprehensive information on the presented at the public hearing. Written OAR–2002–0056. The EPA has also Site is available for viewing, by comments must be postmarked by the developed Web sites for these appointment only, at: U.S. last day of the comment period, as rulemakings at the addresses given Environmental Protection Agency, specified in the Supplemental Proposal. above. Please refer to the Supplemental Region 2, Superfund Records Center, The public hearing will be held in Proposal for details on accessing 290 Broadway, Room 1828, New York, Denver, Colorado. The hearing is information related to that action. New York 10007–1866, (212) 637–4308.

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Hours: Monday through Friday: 9 a.m. (iii) A remedial investigation has shown IV. Basis for Intended Site Deletion through 5 p.m. that the release poses no significant The following summary provides a Information on the Site is also threat to public health or to the brief description and history of the Site available for viewing at the Site environment and, therefore, taking and the Agency’s rationale for Administrative Record Repository remedial measures is not recommending deletion of the Site from located at: U.S. EPA Public Information appropriate. the NPL. Office, 345 Third Street, Suite 530, III. Deletion Procedures The Site consists of two land parcels Niagara Falls, New York 14303, Tel. totaling 22.1 acres. The Occidental The following procedures apply to the (716) 285–8842. Hours: Monday through Chemical Corporation (OCC), formerly deletion of this Site: Friday: 8 a.m. to 4:30 p.m. the Hooker Chemical and Plastics FOR FURTHER INFORMATION CONTACT: Mr. 1. The EPA, Region 2, issued a Record of Decision (ROD) for the Site on Corporation, owns 15.6 acres, and the Olivo at the address above, by telephone remaining 6.5 acres are owned by the at (212) 637–4280, by electronic mail at September 26, 1990, which selected the remedy for the Site. The ROD was Olin Chemical Corporation (Olin). The [email protected], or by FAX at (212) Site is located on Buffalo Avenue in 637–4284. amended on June 9, 1995. 2. Responsible parties implemented Niagara Falls, Niagara County, New SUPPLEMENTARY INFORMATION the remedy selected in the amended York. It borders on the Niagara River, CONCERNING THE HOOKER (102ND STREET) ROD as described in a Final Closeout and lies less than one-quarter of a mile SITE: Report dated September 8, 2003. south of the Love Canal Superfund Site. Table of Contents 3. The EPA, Region 2, recommends It is separated from the Love Canal Site I. Introduction deletion and has prepared the relevant by the LaSalle Expressway, Buffalo II. NPL Deletion Criteria documents. Avenue and Frontier Avenue. III. Deletion Procedures 4. The State of New York, through the Since the mid-1940s, the Site was IV. Basis for Intended Site Deletion NYSDEC, concurred with the proposed used as an industrial waste landfill. In deletion of the Site in a letter dated the early 1970s, landfilling operations at I. Introduction September 29, 2003. the Site were stopped. OCC and Olin The Environmental Protection Agency 5. A notice has been published in a remain as the current owners of the Site. (EPA), Region 2, announces its intent to local newspaper, and in addition, a During the period of active waste delete the Hooker-102nd Street notice has been distributed to disposal at the Site, OCC and Olin Superfund Site (Site) from the National appropriate Federal, State or local deposited at least 159,000 tons of Priorities List (NPL) and requests public officials, and other interested parties wastes, in both liquid and solid forms, comment on this deletion. The EPA announcing a thirty-day public into the landfill. These deposits maintains the NPL as a list of sites that comment period which starts on the included approximately 4,600 tons of appear to present a significant risk to date of publication of this notice in the benzene, chlorobenzene, chlorophenols, public health, or the environment. As Federal Register and a newspaper of and hexachlorocyclohexanes, all of described in § 300.425(e)(3) of the NCP, record. which are hazardous substances. a site deleted from the NPL remains 6. The EPA has made available the In 1979, the U.S. Department of eligible for Fund-financed remedial relevant documents to this decision at Justice, on behalf of the EPA, filed a actions, if conditions at the site warrant the addresses listed above. lawsuit against OCC and Olin, two such action. 7. Upon completion of the thirty-day potentially responsible parties (PRPs) The EPA will accept comments public comment period, the EPA will for the Site’s contamination, in order to concerning the deletion of this Site from evaluate all comments received before put an end to the continuing discharges the NPL for thirty (30) days after issuing a final decision on deletion. The and to clean up Site contamination. The publication of this document in the EPA, Region 2, will prepare a PRPs, with EPA and NYSDEC guidance, Federal Register. Responsiveness Summary, if agreed to conduct a study into the Section II of this document explains appropriate, which will address nature and extent of Site contamination the criteria for deleting sites from the significant comments received during and to recommend alternatives for the NPL Section III discusses procedures the public comment period. The cleanup of the Site. that the EPA is using for this action. Responsiveness Summary will be made The investigation included the Section IV discusses how the Site meets available to the public at the landfill residues, contaminated fill in an the NPL deletion criteria. information repositories. area outside the landfill, shallow ground 8. If, after consideration of the water, bedrock ground water, liquid II. NPL Deletion Criteria comments received, the EPA decides to waste, soil, river sediments, and storm Section 300.425(e) of the NCP proceed with the deletion, the EPA will drains. The investigation was completed provides that sites may be deleted from place a Notice of Deletion in the Federal in 1990. the NPL where no further response is Register. Deletion does not occur until In September 1990, the EPA selected appropriate. In making this the final Notice of Deletion is published a remedy which included the determination, the EPA, in consultation in the Federal Register. Generally, the installation of a synthetic-lined cap; with the NYSDEC, will consider NPL will reflect deletions in the next consolidation of contaminated soils whether any of the following criteria has final update following the final Notice beneath the cap; surrounding the waste been met: publication. mass with a slurry wall; dredging and (i) Responsible parties or other persons Deletion of a site from the NPL does incineration of highly contaminated have implemented all appropriate not, by itself, alter, or revoke any sediments; dredging, dewatering, and response actions required; or, individual’s rights or obligation. consolidation, beneath the cap, of the (ii) All appropriate Fund-financed Deletion of a site from the NPL does not remaining contaminated sediments; responses under CERCLA have been alter the EPA’s right to take appropriate recovery and treatment of ground water; implemented, and no further enforcement actions. The NPL is incineration of any recovered NAPL response action by responsible primarily for informational purposes (non-aqueous phase liquids); parties is appropriate; or, and to assist EPA management. monitoring; and restricting access to the

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Site by the installation of additional the terms of the Consent Decree, the ENVIRONMENTAL PROTECTION security fencing. PRPs agreed to implement the long-term AGENCY In September 1991, the EPA issued O&M for the Site and reimbursed to the the PRPs an Administrative Order to EPA $6,800,000 of its past costs plus 40 CFR Part 300 conduct the remedial design and the interest. Additionally, OCC and Olin [FRL–7619–5] remedial action. The two PRPs agreed to implemented institutional controls in comply with the Order. Design of the the form of deed notifications that the National Oil and Hazardous EPA-selected remedy was begun in Site property was subject to the terms of Substances Pollution Contingency October 1991. The Intermediate the Consent Decree, and use restrictions Plan; National Priorities List Engineering Report (IER) was approved that run with the land that prohibit by the EPA on August 31, 1993. AGENCY: Environmental Protection future uses of the property such as However, certain concerns raised by the Agency. groundwater extraction or excavation federal and state natural resource ACTION: that could adversely affect the remedy Notice of intent to delete the trustees caused the EPA to reexamine Niagara County Refuse Superfund Site for the Site. These institutional controls the remedial design as proposed in the from the National Priorities List. IER. As a result of the reexamination, are recorded in the property records of the September 1990 ROD was amended Niagara County. SUMMARY: The Environmental Protection in June 1995. The amendment The Site no longer poses a significant Agency (EPA), Region 2, announces its eliminated the incineration contingency threat to human health or the intent to delete the Niagara County whereby all highly contaminated environment. However, hazardous Refuse Superfund Site (Site) from the sediments in an embayment area in the substances remain at the Site above National Priorities List (NPL) and Niagara River adjacent to the landfill levels that would allow for unlimited requests public comment on this action. would have had to be excavated and use with unrestricted exposure. The Niagara County Refuse Superfund incinerated were they to remain outside Pursuant to Section 121(c) of CERCLA, Site is located in the Town of the final positioning of the slurry wall. the EPA and/or the State will review Wheatfield, Niagara County, New York. The slurry wall was in fact redesigned Site remedies no less often than every The NPL is appendix B of the National so as to be positioned to run as close to Oil and Hazardous Substances Pollution five years. The first Five-Year Review the shoreline as was practical and still Contingency Plan (NCP), 40 CFR part for this Site was signed by the EPA on contain any migration of the NAPL 300, which EPA promulgated pursuant plumes. Remedial action activity began August 15, 2001, and concluded that the to section 105 of the Comprehensive in April 1996. The construction of the response actions implemented at the Environmental Response, slurry wall was completed in 1996 along Site are in accordance with the remedy Compensation, and Liability Act of 1980 with excavation of contaminated selected by the EPA and that the remedy (CERCLA), as amended. EPA and New sediments from the embayment and continues to be protective of human York State, through the Department of consolidation of these sediments into health and the environment. The next Environmental Conservation (NYSDEC) the landfill. The installation of the Five-Year Review will be completed have determined that all appropriate permanent cap over the landfill was before August 2006. response actions have been completed during the 1997 construction Public participation activities for this implemented and no further response season. Site have been satisfied as required in actions, other than operation, The remedy for the Site was maintenance, and monitoring, are completed in March 1999 when the CERCLA Section 113(k), 42 U.S.C. 9613(k), and Section 117, 42 U.S.C. required. In addition, EPA and the forcemain system for pumping leachate NYSDEC have determined that the Site from the landfill to the Love Canal 9617. The ROD was subject to a public review process. All other documents is protective of public health, welfare, Treatment Facility became operational. and the environment. A Preliminary Closeout Report (PCOR) and information which the EPA relied DATES: was approved by the EPA on September on, or considered in recommending this EPA will accept comments 2, 1999. The PCOR documented the fact deletion are available for the public to concerning its intent to delete on or that all construction activities identified review at the information repositories. before April 16, 2004. ADDRESSES: as necessary remedial actions for the One of the three criteria for site Comments should be submitted to: Michael J. Negrelli, Site pursuant to the ROD, as amended, deletion is when ‘‘responsible parties or Remedial Project Manager, U.S. had been completed. The forcemain other persons have implemented all system continues to pump sufficient Environmental Protection Agency, appropriate response actions required’’ Region 2, 290 Broadway, 20th Floor, leachate from the landfill so as to (40 CFR 300.425(e)(1)(i)). The EPA, with maintain an inward gradient across the New York, New York 10007–1866. the concurrence of the State of New slurry wall. The leachate pumping Comprehensive information on the York, through the NYSDEC, believes system reached the steady-state phase in Site is available for viewing, by November 2000. that this criterion for deletion has been appointment only, at: U.S. An Operation and Maintenance met. Consequently, the EPA is Environmental Protection Agency, (O&M) Manual was developed and proposing deletion of this Site from the Region 2, Superfund Records Center, implemented. Annual reports are NPL. 290 Broadway, Room 1828, New York, provided to the EPA and the NYSDEC Dated: March 4, 2004. New York 10007–1866, (212) 637–4308, and both the EPA and the NYSDEC Kathleen C. Callahan, Hours: Monday through Friday: 9 a.m. believe that the reports for 2001 and through 5 p.m. Acting Regional Administrator, Region 2. 2002 confirm that the remedy for the Information on the Site is also Site has been successfully implemented. [FR Doc. 04–5873 Filed 3–16–04; 8:45 am] available for viewing at the Site A Consent Decree between EPA and BILLING CODE 6560–50–M Administrative Record Repository the State of New York and OCC and located at: North Tonawanda Public Olin was approved and entered by a Library, 505 Meadow Road, North federal court on October 1, 1999. Under Tonawanda, New York 14120, Tel. (716)

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