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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5062-2]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection Agency.

ACTION: Notice of Deletion of the Wide Beach Development site from the

National Priorities List (NPL).

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SUMMARY: The Environmental Protection Agency (EPA), Region II,

announces the deletion of the Wide Beach Development site from the NPL.

The NPL is Appendix B of 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), as amended. EPA and the State of New York

have determined that all appropriate Hazardous Substance Response Trust

Fund (Fund)-financed responses under CERCLA have been implemented and

that no further cleanup by responsible parties is appropriate.

Moreover, EPA and the State of New York have determined that remedial

actions conducted at the site to date have been protective of public

health, welfare, and the environment.

EFFECTIVE DATE: August 30, 1994.

FOR FURTHER INFORMATION CONTACT: Herbert H. King, Remedial Project

Manager, U.S. Environmental Protection Agency, Region II, 26 Federal

Plaza, Room 29-102, New York, NY 10278, (212) 264-1129.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Wide

Beach Development site, Brant, New York.

The closing date for comments on the Notice of Intent to Delete was

April 30, 1994. EPA received two comment letters. One commentor

suggested that deleting the site from the NPL at this time is

premature, because he believes that an on-site wetland was not properly

restored and because the owner of the restored wetland has cut down

some trees and shrubs located on the wetland. The commentor also

suggested that the site not be deleted from the NPL since a number of

contractual claims have not been resolved with the remedial action

contractor. The second commentor expressed concern about the possible

instability of the treated soil that was used as fill on a portion of

her property. This commentor also expressed concern about possible

problems disposing of the treated soil, in the event that a home were

to be built on her property. EPA's response to the first commentor is

that the design of the wetlands restoration was performed by an

experienced landscape architect and biologist and that the restored

wetland is the functional equivalent of the original wetland. EPA also

noted that, because of its small size, this wetland is not covered by

New York State wetland regulations; and since it is an isolated wetland

and of limited size, disturbances of up to one acre do not require a

federal permit. Therefore, the land owner's removal of trees and shrubs

from the restored wetland is not in violation of state or federal

wetland regulations. In addition, EPA indicated that, since the

unresolved claims are contractual issues, they are not relevant to

deleting the site from the NPL. To the second commentor, EPA noted that

the treated soil has been stable since 1991, and that, since the

treated soil is nonhazardous, it could be disposed of in the same

manner as any other excavated, nonhazardous soils.

EPA identifies sites which appear to present a significant risk to

public health, welfare, or the environment and it maintains the NPL as

the list of those sites. Sites on the NPL may be the subject of Fund-

financed remedial actions. Any site deleted from the NPL remains

eligible for Fund-financed remedial actions in the unlikely event that

conditions at the site warrant such action. Section 300.425 (e)(3) of

the NCP states that Fund-financed actions may be taken at sites deleted

from the NPL. Deletion of a site from the NPL does not affect

responsible party liability or impede EPA's efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air pollution control, Chemicals,

Hazardous substances, Hazardous waste, Intergovernmental relations,

Penalties, Reporting and recordkeeping requirements, Water pollution

control, Water supply.

40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

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

follows:

Authority: 42 U.S.C. 9601-9657; 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]

2. Table 1 of Appendix B to part 300 is amended by removing the

Wide Beach Development site, Brant, New York.

Dated: August 17, 1994.

William J. Muszynski,

Deputy Regional Administrator.

[FR Doc. 94-21370 Filed 8-29-94; 8:45 am]

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