[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Proposed Rules]
[Pages 50070-50071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20266]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9718-3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hooker (Hyde Park) Superfund 
Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing 
a Notice of Intent to Delete the Hooker (Hyde Park) Superfund Site 
(Site) located in Niagara Falls, New York, from the National Priorities 
List (NPL) and requests public comments on this proposed action. 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: Comments must be received by September 19, 2012.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     Web site: http://www.regulations.gov. Follow on-line 
instructions for submitting comments.
     Email: sosa.gloria@epa.gov.
     Fax: To the attention of Gloria M. Sosa at 212-637-4284.
     Mail: Gloria M. Sosa, Remedial Project Manager, Emergency 
and Remedial Response Division, U.S. Environmental Protection Agency, 
Region 2, 290 Broadway, 20th Floor, New York, NY 10007-1866.
     Hand delivery: Superfund Records Center, 290 Broadway, 
18th Floor, New York, NY 10007-1866 (telephone: 212-637-4308). (Monday 
to Friday from 9 a.m. to 5 p.m.). Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region 2, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m.
U.S. EPA Western NY Public Information Office, 86 Exchange Place, 
Buffalo, NY 14204-2026, Telephone: (716) 551-4410, Hours: Monday to 
Friday from 8:30 a.m.-4 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: In the ``Rules and Regulations'' Section of 
today's Federal Register, we are publishing a direct final Notice of 
Deletion of the Hyde Park Landfill Superfund Site without prior Notice 
of Intent to Delete because we view this as a noncontroversial revision 
and anticipate no adverse comment. We have explained our reasons for 
this deletion in the preamble to the direct final Notice of Deletion, 
and those reasons are incorporated herein. If we receive no adverse 
comment(s) on this deletion action, we will not take further action on 
this Notice of Intent to Delete. If we receive adverse comment(s), we 
will withdraw the direct final Notice of Deletion, and it will not take 
effect. We will, as appropriate, address all public comments in a 
subsequent final Notice of Deletion based on this Notice of Intent to 
Delete. We will not institute a second comment period on this Notice of 
Intent to Delete. Any parties

[[Page 50071]]

interested in commenting must do so at this time.
    For additional information, see the direct final Notice of Deletion 
which is located in the Rules section of this Federal Register.

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.

    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.

    Dated: August 9, 2012.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2012-20266 Filed 8-17-12; 8:45 am]
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