[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50038-50044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9718-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the Hooker (Hyde Park) 
Superfund Site (Site), located in Niagara Falls, New York, from the 
National Priorities List (NPL). 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). 
This direct final deletion is being published by EPA with the 
concurrence of the State of New York, through the Department of 
Environmental Conservation, because EPA has determined that all 
appropriate

[[Page 50039]]

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: This direct final deletion is effective September 30, 2012 
unless EPA receives adverse comments by September 19, 2012. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

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 212-637-4283.
     Mail: To the attention of 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, Telephone: 
(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. to 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: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 2 is publishing this direct final Notice of Deletion of 
the Hooker (Hyde Park) Superfund Site (Site), from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300, which is 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) of 1980, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
As described in Sec.  300.425(e)(3) of the NCP, sites deleted from the 
NPL remain eligible for Fund-financed remedial actions if future 
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 30, 2012 unless EPA 
receives adverse comments by September 19, 2012. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent To 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Hyde Park Landfill Superfund 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Site from the NPL unless adverse 
comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.

[[Page 50040]]

    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the state of New York prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the State, through the New York Department of 
Environmental Conservation, has concurred on the deletion of the Site 
from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in Niagara Gazette, a major local 
newspaper. The newspaper notice announces the 30-day public comment 
period concerning the Notice of Intent to Delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent To 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Site, EPA ID No. NYD00831644, consists of approximately fifteen 
acres and is located in the northwest corner of the Town of Niagara, 
New York. The Site is immediately surrounded by several industrial 
facilities and property owned by the New York Power Authority. 
Residential neighborhoods are located to the northwest and south of the 
landfill. The Niagara River, an international boundary, is located 
2,000 feet to the northwest, down the Niagara Gorge which descends 
approximately 350 feet below the surface of the landfill. The Niagara 
River flows into Lake Ontario approximately 10 miles downstream of the 
Site. Lake Ontario is a drinking-water source for millions. Niagara 
University, which has three thousand students, is less than one mile in 
distance from the Site.
    The Bloody Run is a small drainage area flowing north from the 
landfill and considered part of the Site. The stream flows under a 
neighboring industry via a storm sewer, and under University Drive via 
a storm sewer which emerges at the Niagara Gorge.
    The geology underlying the Site is glacial overburden overlying the 
fractured Lockport Dolomite bedrock. Groundwater in the vicinity of the 
landfill flows in both the overburden and the bedrock. Generally, the 
overburden is saturated at depths below ten feet. The groundwater 
movement from the landfill is both downward and horizontal. Some of 
this groundwater exits the Niagara Gorge Face in the form of seeps 
which flow into the Niagara River. Contaminants migrate from the 
landfill in two forms: Aqueous phase liquid (APL or contaminated 
groundwater) and dense non-aqueous phase liquid (NAPL).
    Hooker Chemical and Plastic Corporation, now Occidental Chemical 
Corporation (OCC), disposed of approximately 80,000 tons of waste 
(drummed and bulk liquids, and solids) at the Site, from 1953 to 1975, 
primarily chlorobenzenes, chlorotoluenes, halogenated aliphatics and 
2,4,5-trichlorophenol (TCP) still bottoms. An estimated 3,300 tons of 
TCP were disposed of at the Site; TCP wastes are known to contain 
significant amounts of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD). EPA 
has estimated that approximately 0.7-1.6 tons of TCDD were associated 
with the TCP wastes at the Site.
    The Site was proposed to the NPL in December 1982 (47 FR 58476) and 
was listed on the NPL in September 1983 (48 FR 40658).

Remedial Investigation and Feasibility Study (RI/FS)

    EPA filed a lawsuit in 1979 in federal district court under the 
authority of the Resource Conservation and Recovery Act and the Clean 
Water Act seeking to require that OCC remediate the Site. EPA, New York 
State and OCC filed a Stipulation and Judgment Approving Settlement 
Agreement (Settlement Agreement) in January 1981, which the Court 
approved in April 1982. The Settlement Agreement required OCC to 
perform an Aquifer Survey (which can be compared to a Remedial 
Investigation) to define the extent of contamination in the overburden 
and bedrock and assess remedial alternatives. OCC completed this effort 
in 1983. The results of the aquifer survey were used by the negotiation 
team (EPA/NY State and OCC) to agree on remedial actions to be 
performed at the Site. These required remedial actions were documented 
in a Stipulation on Requisite Remedial Technology (RRT Stipulation), 
which was approved by the Court in August 1986. During the RRT 
negotiations, EPA performed a risk assessment using worst case exposure 
scenarios which indicated that the greatest risk from the Site was the 
consumption of fish contaminated with TCDD.

Selected Remedy

    EPA issued an Enforcement Decision Document (EDD--a precursor and 
equivalent to a Record of Decision) on November 26, 1985, which 
documented the remedial action selected for Site cleanup. EPA 
acknowledged that the APL and NAPL plumes would not be remediated to 
drinking water standards because of the persistent nature of NAPL. 
Therefore, the goal of the remedies selected in the EDD was to 
hydraulically contain contaminated groundwater (APL plume) in the 
vicinity of the Site, while extracting as much NAPL as is practicable.
    The major components of the 1985 EDD included the following:
     Source control (prototype extraction wells);

[[Page 50041]]

     Containment and collection of APL and NAPL in the 
overburden;
     Containment and collection of APL and NAPL in the bedrock;
     Treatment of collected APL and NAPL;
     Community Monitoring Program (monitoring wells for early 
detection of Site chemicals);
     Intermediate and Deep Formations Study (monitoring wells);
     Industrial Protection Program (remediation of sumps and 
sealing of manholes);
     Perimeter Capping (clay cap around perimeter of landfill);
     Gorge face seeps remediation;
     Bloody Run Excavation or Capping;
     Final capping and Site closure; and,
     TCDD Bioaccumulation Study in Lake Ontario.
    The RRT established APL Plume Flux Action Levels for the following 
chemicals: TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex] 
(0.005 lbs/day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7 
lbs/day). These action levels represent concentrations of these 
contaminants that, if detected entering the river (flux of contaminants 
to the river) at or above these concentrations, would cause OCC to take 
additional remedial actions (e.g. increased pumping, installing 
additional wells or other remedial measures) to reduce these 
contaminant levels.
    On May 7, 2012, EPA issued an ESD which had two components. This 
ESD documented the placement of an institutional control, a Declaration 
of Restrictive Covenants and Environmental Easement, on the property 
which constitutes the former Hyde Park Landfill. In addition, this ESD 
clarifies that the selected remedy for the Site in the EDD is a 
containment remedy and not an aquifer restoration remedy intended to 
restore the aquifer to its best beneficial use (i.e., a source of 
drinking water). The goal of a containment remedy is to prevent the 
migration of disposed waste and leachate along with affected 
groundwater from a landfill or site.

Response Actions

Source Control
    The purpose of the source control program is to reduce the amount 
of chemicals migrating downward from the landfill by removing any 
mobile NAPL remaining in the landfill. OCC installed 6 source controls 
wells (two 36-inch wells and four 2-inch wells) in the landfill. Nine 
monitoring wells were also installed in the landfill. One source-
control well has since been converted to a monitoring well because of 
low NAPL collection. The source control program has not yielded large 
amounts of NAPL. EPA believes that most of NAPL which was once present 
in the overburden in the landfill has either sorbed to the bedrock, 
been captured, or remains in pockets or pools that are not 
hydraulically connected to the source control wells. In addition, the 
installation of the final cap on the landfill has eliminated the 
continued production of leachate from rainfall and thereby dramatically 
reduced the hydraulic head of APL within the landfill, removing the 
driving force for the NAPL.
    NAPL is extracted by the source-control wells and flows into a 
decanter at the onsite Storage and Treatment Facility. NAPL is 
transported by truck to a permitted offsite facility for incineration. 
To date, more than 300,000 gallons of NAPL have been removed and 
destroyed.
Overburden APL and NAPL Plume Containment System
    The Overburden Barrier Collection System (OBCS), a drain around the 
entire landfill to contain and collect contaminated groundwater, was 
installed by OCC in 1991. Pumping wells create an inward hydraulic 
gradient. Water-level measurements indicate that an inward gradient is 
being achieved in the overburden, thereby capturing the contaminated 
groundwater associated with the Site. Both APL (above MCLs) and NAPL 
were not observed in any of the overburden monitoring well locations 
after 1996, indicating that the OBCS serves as an effective barrier to 
offsite NAPL migration.
Bedrock NAPL Plume Containment System
    The Bedrock NAPL Plume Containment System, consisting of extraction 
(pumping) wells, was designed and installed by OCC in a phased approach 
between 1990 and 1997. A total of 16 extraction wells were installed 
and are pumped to achieve an inward hydraulic gradient. Water-levels 
are measured quarterly to ensure capture of contaminated groundwater.
Bedrock APL Plume Containment System
    The APL Plume Containment System, consisting of three purge wells 
installed at the Niagara Gorge Face in 1994, contains and collects a 
significant portion of the APL plume. The portion of the APL plume not 
collected by these wells is monitored by 3 flux monitoring well 
clusters to the west of the Site and 3 piezometer clusters in the 
northern and eastern portion of the APL plume.
Leachate Storage and Treatment Facility
    APL is treated onsite at the Leachate Storage and Treatment 
Facility constructed by OCC which began operating in April 1990. The 
APL/NAPL mixture is pumped from the wells through force mains into a 
decant tank. The NAPL, denser than water, settles to the bottom. APL is 
taken off the top of the decanter and pumped into the storage tanks. 
The APL first passes through sacrificial activated carbon beds (which 
cannot be recycled because of the dioxin and are disposed of offsite). 
The APL is then treated in an activated carbon system. The facility 
currently has a capacity to treat 400 gallons per minute.
Landfill Cap
    The perimeter cap of the landfill was completed in 1991, and the 
entire landfill was capped in 1994. The final cap consisted of the 
following: 36 inches of low-permeability clay; a synthetic membrane; a 
drainage layer and topsoil seeded with native vegetation for barrier 
protection. EPA routinely inspects the landfill cap for erosion. The 
current condition of the cap is excellent.
Bloody Run Remediation
    The Bloody Run received drainage from the landfill prior to any 
remedial measures being conducted at the Site. OCC excavated 
approximately thirty thousand cubic yards of contaminated sediment from 
the Bloody Run drainage area. The area was then backfilled and covered 
with riprap. This work was completed in January 1993. The Bloody Run 
now flows via a storm sewer which surfaces at the Niagara Gorge. The 
restored area was observed to have abundant vegetation during a Site 
visit in June 2011.
Niagara River Gorge Face Remediation
    Groundwater seeps from the rock at the Niagara Gorge, approximately 
2000 feet from the Site. TCDD was detected in one sample from a seep 
during remedial investigations at 0.2 parts per trillion (ppt). EPA and 
New York State determined that humans should be isolated from the seeps 
to prevent an exposure pathway to the contaminants. The Gorge Face 
Seeps were remediated in 1988, except for the Bloody Run portion, which 
was remediated in 1994. Access by humans to the seeps has been 
prevented by the installation of fences and the diversion of seeps into 
culverts. All contaminated sediments were scraped away. Annual 
inspections of the

[[Page 50042]]

Gorge Face are conducted by representatives of EPA, New York State and 
OCC. The pumping of the APL wells has strongly influenced the seeps, 
drying many.
Institutional Controls
    A Declaration of Restrictive Covenants and Environmental Easement 
was placed on the property and lodged with the County of Niagara on 
October 7, 2010. The Grantor (OCC) grants a permanent restrictive 
covenant and an environmental easement to the Grantee (Town of Niagara) 
to provide a right of access over the approximately twenty-one acre 
property (the ``Property'') for purposes of implementing, facilitating 
and monitoring the remedial action. The Property includes the Site as 
well as the Bloody Run Drainage area. The covenant/easement also 
imposes on the property use restrictions that will run with the land 
for the purpose of protecting human health and the environment in the 
future.
    The following restrictions apply to the use of the Property, run 
with the land, and are binding on the Grantor: The Property shall not 
be used in any manner that would interfere with or adversely affect the 
implementation, integrity, or effectiveness of the remedial action 
performed at the Site, including, but not limited to: (a) The 
extraction of on-site groundwater; (b) any digging, excavation, 
extraction of materials, construction, or other activity outside the 
requirements of the remedial action that would disturb the cap placed 
upon the Landfill at the Site; or (c) other activity that would disturb 
or interfere with any portion of the remedial action for the Site 
enumerated in the RRT Stipulation. The Property may not be used for 
residential use. However, the Property may be used for commercial or 
industrial use as long as designated, and long term engineering 
controls are employed and remain effective, specifically, the operation 
of the portion of the Response Action pertaining to the extraction 
wells, treatment facility and maintenance of the cap.
    In addition to the Site-specific institutional control, the Niagara 
County Department of Health imposes restrictions on the drilling and 
usage of wells. These restrictions ensure that drinking-water wells are 
not installed in areas of contaminated groundwater, effectively 
preventing exposure to Site-related contaminants through ingestion.
Additional Remedial Actions
    OCC has performed additional remedial actions at the Site in 
addition to those previously discussed. The onsite lagoons were 
remediated in 1991. NAPL in the lagoons was pumped into the leachate 
storage facility and the lagoons were closed. NAPL was also pumped from 
four railroad tank cars, which had been used onsite for years as 
storage for NAPL generated from remedial investigations because there 
was no facility permitted to destroy dioxin. In 1991, the tank cars 
were placed in the waste disposal cells.
    OCC also remediated sewers in the area. Sewers provided 
preferential pathways for contaminants to migrate through the 
overburden. OCC relocated a sewer at TAM Ceramics and remediated the 
College Heights sewer. The remediation of the University Drive 
(bordering Niagara University) sewer was completed in August 1993. NAPL 
contaminated soils were removed from under University Avenue.
Additional Studies Conducted
    OCC conducted an Intermediate Formations Study to determine if 
contaminants from the Site had penetrated the Rochester Shale 
(aquitard) formation below the Lockport Dolomite. Most of the 
parameters were not detected above the concentrations of Lower 
Formation Survey Parameters listed in the RRT Stipulation. However, 
phenol, total organic halogen, PCB-1248 and conductivity did exceed the 
survey levels. OCC calculated a flux in the monitoring report which was 
four to five orders of magnitude below the Flux Action Level. OCC was 
not required to install monitoring wells in the Deep Formations because 
the Intermediate Formations' investigation indicated that Site 
contaminants had not migrated through the shale and were not present in 
the Intermediate Formations.
Lake Ontario TCDD Bioaccumulation Study
    The RRT established APL Plume Flux Action Levels based on EPA's 
worst-case bioaccumulation assumptions for the following chemicals: 
TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex] (0.005 lbs/
day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7 lbs/day). 
These action levels represent concentrations of these contaminants 
that, if detected entering the river (flux of contaminants to the 
river) at or above these concentrations, would require OCC to take 
additional remedial actions (e.g. increased pumping, installing 
additional wells or other remedial measures) to reduce these 
contaminant levels. The only parameter detected in 2001 was TCDD. OCC 
calculated the flux of TCDD to the Niagara River as 7.06 x 10-5 grams/
year, which is several orders of magnitude below the Flux Action.
    The predicted steady-state TCDD concentrations for an input 
comparable to the TCDD APL Plume Flux Action Level of 0.5 grams/year 
are 0.026 nanograms/year (sorbed sediment concentrations) and 9.5 x 10-
5 picograms/liter (water column dissolved concentration).
    The TCDD Study, together with the model, indicated that TCDD was 
bioaccumulating in the tissues of various species of Lake Ontario fish 
at a range of rates such that the overall TCDD APL Plume Flux Action 
Level of 0.5 grams/year stipulated by the RRT remains protective.
Community Monitoring Program
    The Community Monitoring Wells, a system of wells installed in 1987 
in both the overburden and shallow bedrock throughout the neighborhood, 
provide early warning of the presence of Site-related contaminants in 
the groundwater. These wells are sampled and analyzed quarterly. Should 
Site-related contaminants be detected, OCC must take further remedial 
action. Site-related contaminants have never been detected in these 
wells. The data collected have demonstrated that the groundwater flow 
is vertically downward in the nearby community. EPA and New York State 
review the analytical results from sampling of these wells to ensure 
the community is being protected.
    Vapor monitoring is performed in the overburden community 
monitoring wells annually during the third quarter when temperature is 
high and the volatilization potential is greatest. If vapor readings 
for total VOCs exceed 0.050 parts per million by volume (ppmv), OCC is 
required to take a groundwater quality sample. Vapor readings, as 
documented in the 2011 Annual Report, have been at 0 parts per billion 
by volume (ppbv) for all Community Monitoring Wells.

Cleanup Goals

    The RRT established APL Plume Flux Action Levels for the following 
chemicals: TCDD (0.5 grams/year); perchloropentacyclodecane [Mirex] 
(0.005 lbs/day); Aroclor 1248 (0.005 lbs/day); and, chloroform (1.7 
lbs/day). Sampling results from December 2011 indicate that the 
concentrations of the APL Flux parameters are significantly below their 
respective Flux Action Levels. None of the APL Flux Parameters were 
detected above their detection levels and calculation of the flux to 
the Niagara River Gorge was not required. The detection levels for the 
Polychlorinated Biphenyls (PCBs) are as follows: Pentachlorobiphenyl is 
0.20

[[Page 50043]]

micrograms per liter ([mu]g/L), Tetrachlorobiphenyl is 0.20 [mu]g/L and 
Trichlorobiphenyl is 0.098 [mu]g/L. The detection levels for the 
pesticides are as follows: alpha-BHC 0.050 [mu]g/L, beta-BHC 0.050 
[mu]g/L, delta-BHC 0.050 [mu]g/L, gamma-Chlordane 0.050 [mu]g/L. The 
detection limit for Mirex is 0.050 [mu]g/L and for 2,3,7,8-TCDD) is 
9.52 picograms/L.
    The performance goal for the remedy is containment of contaminated 
groundwater. EPA utilized multiple lines of evidence to determine that 
site related contamination is being hydraulically contained. These 
multiple lines of evidence include: Potentiometric surface maps for the 
eight monitored flow zones; groundwater quality data; groundwater flow 
budget and particle tracking analysis using a numerical groundwater 
flow model; vertical hydraulic gradient data; historical groundwater 
quality trends from the NAPL Performance Monitoring Wells; groundwater 
relative age dating based on sulfate concentrations; and, comparison of 
the chemistry of the seeps in the Niagara River gorge to the chemistry 
of the bedrock groundwater.
    Following all these lines of evidence, EPA concluded that the 
performance objectives of the remedy were maintained throughout the 
year. Based upon these results, the EDD remedy selected for the Site is 
deemed to be effective in protecting human health and the environment. 
Groundwater monitoring continues to demonstrate that hydraulic 
containment is being achieved at the Site. The results of the 
groundwater monitoring are presented in the Site annual reports which 
document containment.
    Although cleanup levels were not developed for Bloody Run, post 
excavation sampling indicated that contaminants were remediated to 
concentrations below 1 microgram per kilogram ([mu]g/kg) for TCDD and 
25 milligram per kilogram (mg/kg) for Arochlor 1248. The excavated area 
was backfilled with clean soil and covered in riprap, further reducing 
exposure.

Operation and Maintenance

    OCC and CRA prepared the Hyde Park Collection and APL Treatment 
System Operation and Maintenance Manual (O&M Manual) in December 2003, 
which was approved by EPA and NYSDEC. The O&M Manual was subsequently 
revised and incorporated into the Performance Monitoring Plan in 2006.
    The treatment system treats more than fifty million gallons of 
water each year and is monitored on a daily, weekly and quarterly basis 
to ensure compliance with the discharge requirements. There are nine 
locations in the system where water samples are collected to monitor 
system performance. The carbon beds at the Treatment Facility are 
routinely changed and regenerated. The sacrificial carbon beds, which 
cannot be regenerated, must also be changed and disposed.
    OCC must perform extensive well and pump maintenance, as NAPL often 
fouls wells and pumps. Annual inspections of the monitoring wells are 
conducted to ensure that the casings and caps are in good condition.

Five-Year Review

    Hazardous substances remain at the Site above levels that would 
allow for unlimited use with unrestricted exposure. Pursuant to Section 
121(c) of CERCLA, EPA reviews site remedies where such hazardous 
substances, pollutants, or contaminants remain no less often than every 
five years after the initiation of a remedy at a site.
    Three Five-Year Reviews have been completed at this Site. The 
fourth Five-Year Review, completed in September 2011, concluded that 
the remedy is functioning as intended by the Site's decision documents. 
There have been no changes in the physical conditions of the Site that 
would affect the protectiveness of the remedy. The hydraulic 
containment stipulated in the EDD and RRT has been achieved. There have 
been no changes in the toxicity factors for the contaminants of concern 
and there has been no change to the standardized risk assessment 
methodology that could affect the protectiveness of the remedy. There 
is no other information that calls into question the protectiveness of 
the remedy. The next Five-Year Review is scheduled to be completed 
before September 2016.

Community Involvement

    Public participation activities for this Site have been satisfied 
as required in CERCLA Section 113(k), 42 U.S.C. 9613(k), and Section 
117, 42 U.S.C. 9617. EPA held numerous public meetings through the 
remedy selection process and subsequent implementation of remedial 
activities by OCC. All other documents and information which EPA relied 
on or considered in recommending this deletion are available for the 
public to review at the information repositories.

Determination That the Site Meets the Criteria for Deletion in the NCP

    All of the completion requirements for this Site have been met, as 
described in the August 2012 Final Close-Out Report. The State of New 
York, in a July 29, 2008 letter, concurred with the proposed deletion 
of this Site from the NPL.
    The NCP specifies that EPA may delete a site from the NPL if ``all 
appropriate Fund-financed response under CERCLA has been implemented, 
and no further response action by responsible parties is appropriate.'' 
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence of the State of New 
York, through NYSDEC, believes that this criterion for deletion has 
been met because landfill cap has decreased leachate generation and as 
a result, NAPL mobility has decreased. In addition, overburden and 
bedrock hydraulic containment is effective in containing both NAPL and 
APL plumes within the TI zone documented in the 2011 ESD and prevent 
contaminants from seeping into the Niagara River. Finally, ICs prevent 
disturbance of the landfill cap and consumption of contaminated 
groundwater. Consequently, EPA is deleting this Site from the NPL. 
Documents supporting this action are available in the Site files.

V. Deletion Action

    The EPA, with concurrence of the State of New York through the 
Department of Environmental Conservation, has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, monitoring and Five-Year Reviews have been completed. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective on September 30, 2012 unless EPA receives adverse comments 
by September 19, 2012. If adverse comments are received within the 30-
day public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion, and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

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.


[[Page 50044]]


    Dated: August 9, 2012.
Judith A. Enck,
Regional Administrator, EPA, Region 2.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    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.


0
2. Table 1 of Appendix B to part 300 is amended by removing ``Hooker 
(Hyde Park)'', ``Niagara Falls '' under NY.

[FR Doc. 2012-20267 Filed 8-17-12; 8:45 am]
BILLING CODE 6560-50-P