National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hiteman Leather Superfund Site, 77388-77392 [2011-31912]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Rules and Regulations]
[Pages 77388-77392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31912]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1999-0013; FRL-9503-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hiteman Leather Superfund 
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA, Region 2, is publishing a direct final Notice of Deletion 
of the Hiteman Leather Superfund Site (Site), located in West Winfield, 
Herkimer County, 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 Notice of 
Deletion is being published by EPA with the concurrence of the State of 
New York, through the New York State Department of Environmental 
Conservation (NYSDEC). EPA and NYSDEC have determined that all 
appropriate response actions under CERCLA, other than monitoring and 
maintenance (M&M) and five-year reviews, have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: This direct final deletion will be effective February 13, 2012 
unless EPA receives significant adverse comments by January 12, 2012. 
If significant adverse comments are received, EPA will publish a timely 
withdrawal of this 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-1999-0013, by one of the following methods:
    Web site: https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    Email: mongelli.thomas@epa.gov.
    Fax: To the attention of Thomas Mongelli at (212) 637-3966.
    Mail: To the attention of Thomas Mongelli, 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). Such deliveries 
are only accepted during the Record Center's normal hours of operation 
(Monday to Friday from 9 a.m. to 5 p.m.). Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1999-0013. EPA's policy is that all comments received will be included 
in the Docket without change and may be made available online at https://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 https://www.regulations.gov or via 
email. The https://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 comments. If you 
send comments to EPA via email, your email address will be included as 
part of the comment that is placed in the Docket and made available on 
the Web site. If you submit electronic comments, EPA recommends that 
you include your name and other contact information in the body of your 
comments and with any disks or CD-ROMs that you submit. If EPA cannot 
read your comments due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comments. 
Electronic files should avoid the use of special characters and any 
form of encryption and should be free of any defects or viruses.
    Docket: All documents in the Docket are listed in the https://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 statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available Docket materials can be viewed electronically at 
https://www.regulations.gov or obtained 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.
     and

West Winfield Library, Bisby Hall, 179 South Street, West Winfield, NY 
13491, Phone: (315) 822-6394, Hours: Monday, Tuesday, Thursday, and 
Friday from 12:30-5:30 p.m., Wednesday from 10 a.m.-12 p.m. and 6-8 
p.m., and Saturdays from 10 a.m.-12 p.m. (Sept.-May).

FOR FURTHER INFORMATION CONTACT: Thomas Mongelli, Remedial Project 
Manager, by mail at Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, 
New York, NY 10007-1866; telephone at (212) 637-4256; fax at (212) 637-
3966; or email at mongelli.thomas@epa.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 77389]]

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 deletion of the Site 
from the NPL. The NPL constitutes Appendix B of 40 CFR part 300, which 
is the NCP, which EPA promulgated pursuant to Section 105 of CERCLA, 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 
Section 300.425(e)(3) of the NCP, a site deleted from the NPL remains 
eligible for remedial actions if conditions at the site warrant such 
action.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective February 13, 2012 unless EPA 
receives significant adverse comments by January 12, 2012. Along with 
this direct final Notice of Deletion, EPA is co-publishing a Notice of 
Intent to delete the Site in the ``Proposed Rules'' section of today's 
Federal Register. 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 the deletion will not take effect. EPA will, if 
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 received. In such a case, there will be no additional 
opportunity to comment.
    Section II below explains the criteria for deleting sites from the 
NPL. Section III discusses procedures that EPA is using for this 
action. Section IV discusses the Site and demonstrates how it meets the 
deletion criteria. Section V discusses EPA's action to delete the Site 
from the NPL unless significant 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 there is no risk posed or 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 parties have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release of 
hazardous substances poses no significant threat to public health or 
the environment and, therefore, taking of remedial measures is not 
appropriate.
    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 
also 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 NYSDEC, 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 a major local newspaper, The 
Observer Dispatch (Utica). The newspaper notice announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (4) EPA placed copies of documents supporting the proposed deletion 
in the 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. If appropriate, 
EPA may then continue with the deletion process based on 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's management of sites. 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 summary provides the Agency's rationale for deleting 
the Site from the NPL.

Background

    The Site includes a former tannery and leather manufacturing 
facility located in the Village of West Winfield, New York at 173 South 
Street (Route 51) just south of the intersection of Route 51 with State 
Highway Route 20. The former tannery property, currently owned by the 
Village of West Winfield, is bordered to the north by commercial 
buildings and residences, to the east by South Street, to the south by 
a residential property, to the southwest by a landlocked, privately-
owned 2-acre parcel, and to the west by the West Winfield Cemetery. The 
Site is approximately 12 acres in size and is traversed by 
approximately 800 feet of the Unadilla River. Ten acres are located on 
the northern bank of the river and 2 acres are located on the southern 
bank.
    A tannery business was established at the Site in 1820 on the 
northern bank of the Unadilla River by a Mr. Adsit. In 1910, after 
several changes in ownership, the tannery business was acquired by the 
Hiteman family and the name of the business was later changed to the 
Hiteman Leather Company. In 1922, the company was reorganized as a 
corporation under the name of Hiteman Leather Company, Inc., and the 
name remained unchanged until the termination of the business in 1968.
    In the leather tanning process, animal hides and skins absorb 
chemicals that prevent the resulting leather from decaying, make it 
resistant to wetting,

[[Page 77390]]

and keep it supple and durable. In the early years, tree bark extract 
containing tannins was used, but in later years, chromium salts were 
also used. Waste from tannery operations at the Site was originally 
discharged from the tannery buildings directly to the Unadilla River. 
During operation under the Hiteman family, the tannery and tannery 
property experienced many changes over the years to expand business and 
increase production, including a major change during the early 1900s to 
incorporate chromium-based tanning into the process. The chromium-based 
process, in combination with mechanization, reduced the time to 
manufacture leather from years to weeks; however, the wastes that were 
generated were more toxic and far more voluminous, resulting in the 
construction of two unlined lagoons in 1931 and a third unlined lagoon 
in 1959. Berms were constructed around the lagoons to increase their 
capacity.
    Wastewater was discharged via a sluiceway to the lagoons. The 
wastewater lagoons reportedly discharged to the Unadilla River and to 
the wetland area to the northwest of the lagoons (which ultimately 
drains to the Unadilla River). Wastewater from the coloring process was 
discharged into two 240-cubic foot concrete dye tanks prior to being 
discharged to the Unadilla River. Sludge from the bottom of the lagoons 
was periodically dredged and was reportedly deposited as berm material 
surrounding the lagoons.
    The inability to economically treat contaminated wastewater from 
the tannery forced the closing of tannery operations at the Site in 
1968. The real property and buildings were sold in 1969 to Erle Davis 
of Clinton, New York, who subsequently rented the buildings in the 
1970s, mostly for storage, to various small businesses including a 
cookie company and a tire company. The former tannery buildings were no 
longer occupied after 1982 and they gradually deteriorated.
    In 1985, NYSDEC added the Site to its Registry of Inactive 
Hazardous Waste Disposal Sites and, thereafter, from 1988 to 1992, 
conducted environmental investigations of the Site that resulted in the 
Site being referred to EPA for further evaluation. In 1994, EPA 
performed some preliminary sampling at the former tannery property and 
fenced the northern part of the Site to prevent unauthorized access, 
particularly to the deteriorating buildings.
    In 1996, EPA conducted a Site Investigation (SI) that found 
elevated concentrations of chromium in the surface soil, subsurface 
soils, and surface water. Several other contaminants were detected at 
low levels in soils, including metals, pesticides, semi-volatiles, and 
volatiles. The SI also found asbestos-covered pipes throughout the main 
former tannery building and determined that the wood-frame sections of 
the building were structurally unsound.
    Based upon the SI, EPA conducted an asbestos removal pursuant to 
CERCLA and demolished the wood frame sections of the building, power 
house, and chimney stack in 1996. The remaining concrete and steel 
building was demolished by the Davis estate in 1998, with the latter 
demolition leaving piles of loose brick and concrete debris, as well as 
other concrete remnants (e.g., building pillars, concrete dye tanks, 
etc.). Much of the loose debris was removed from the concrete 
foundation floor by EPA in May 2001 to facilitate sampling under the 
floor.
    The Site was proposed to the NPL in March 1998 (63 FR 51882) and 
listed on the NPL in January 1999 (64 FR 2942).
    In 2003, EPA awarded a $100,000 Federal grant to the Village of 
West Winfield to develop a reuse assessment and redevelopment plan for 
the Hiteman Leather site as part of the EPA's Superfund Redevelopment 
Initiative, a nationally coordinated effort to restore toxic waste 
sites to productive reuse. The Village's reuse assessment and 
redevelopment plan calls for the construction of a community center, 
development of recreational facilities, consolidation and modernization 
of the existing Department of Public Works facility, and commercial 
development.

Remedial Investigation and Feasibility Study

    EPA conducted a remedial investigation and feasibility study (RI/
FS) at the Site from 2001-2006. The findings are presented in an RI 
report and FS report. The results of the RI indicated that metals were 
the predominant contaminants in the soils in the northern 10 acres of 
the Site and in sediments in the wetland and in the Unadilla River. 
While carcinogenic risks were found to be within acceptable risk 
ranges, the results of the risk assessment indicated that former 
tannery property soil hot spots presented unacceptable increased non-
cancer hazards. Contaminated soils along the river on the former 
tannery property area and contaminated wetland and river sediments 
posed unacceptable ecological risks. In addition, inorganic groundwater 
concentrations in the semi-confining unit exceeded their respective 
federally recognized Maximum Contaminant Levels, thereby posing a 
potential human health risk. Although a number of organic compounds 
were detected in the groundwater at the Site, they appear to be 
incidental, were found only infrequently and at relatively low 
concentrations, and could not be attributed to tannery operations. In 
addition, some of the organics appear to be from an upgradient source. 
The contaminants of concern identified for the Site include antimony, 
arsenic, cadmium, chromium, hexavalent chromium, lead, manganese, 
mercury, and nickel.

Selected Remedy

    Based upon the results of the RI/FS, on September 28, 2006, a 
Record of Decision (ROD) was signed, selecting a remedy for the Site. 
The selected remedy included the excavation of contaminated soil from 
the former tannery property; excavation of contaminated riverbank 
soils; excavation/dredging of contaminated wetland and river sediments 
located adjacent to the former tannery property; treatment by 
solidification (the addition of cement additives to change the physical 
and chemical characteristics in order to immobilize contaminants) and 
consolidation of the excavated/dredged soils and sediments on the 
former tannery property; placement of a soil cover; and intermittent 
groundwater extraction and treatment. The ROD also indicated that the 
need for the remediation of river sediments in areas downstream of the 
former tannery would be determined based upon post-remediation sediment 
chemical analyses, sediment toxicity testing, and analysis of benthic 
macroinvertebrate communities. In addition, an environmental easement/
restrictive covenant would be filed to restrict the future land use of 
the Site, and a Site Management Plan (SMP) would provide for the proper 
management of all post-construction remedy components.
    The following remedial action objectives were established for the 
Site:
     Reduce or eliminate any direct contact, ingestion, or 
inhalation threat to future recreational users or construction workers 
to contaminated soils and sediments;
     Minimize exposure of wildlife or fish to contaminated 
soils and sediments;
     Protect human health by preventing exposure of future 
users to contaminated groundwater; and
     Restore groundwater to levels that meet state and Federal 
standards within a reasonable time frame.

Response Actions

    Based upon the results of additional testing at the Site during the 
design, it

[[Page 77391]]

was determined, that the excavated Site soils and sediments did not 
require treatment prior to on-Site consolidation and containment as 
called for in the ROD.
    The ROD also called for the excavation of a metals-contaminated 
strip along the top of the northern bank of the river to protect 
ecological resources. As part of plans to redevelop the Site, a walkway 
was placed along the top of the northern bank. Since the soils that 
would underlie the walkway would not be accessible to ecological 
receptors, the width of the area requiring excavation was changed. The 
remaining soil was to be covered with two feet of clean material.
    The ROD identified the cleanup goal for manganese for the Site to 
be that level found to be present in the vicinity of the Site, or 
background. Based upon the results of more representative soil sampling 
in the area, the average background concentration for manganese was 
found to be higher than originally determined. The cleanup goal for 
manganese was changed to the updated higher average background 
concentration.
    The above-noted changes to the remedy, which were documented in a 
June 2008 Explanation of Significant Differences (ESD), were 
incorporated into the soil and sediment design.
    EPA, through its contractor, mobilized to the Site on May 5, 2008. 
During the course of the five-month construction effort, 16,000 cubic 
yards of contaminated soil, 8,700 cubic yards of contaminated wetland 
sediments, and 200 cubic yards of contaminated riverbank soils and 
sediments at the toe of the riverbank were excavated and consolidated 
in low-lying areas of the Site. A geomembrane liner and two-foot thick 
soil cover were placed over the consolidated soils and sediments. In 
addition, in areas where residual soil contamination exceeded the 
cleanup objectives, a soil cover with a thickness of two feet was 
placed in areas with ``active'' exposure potential (e.g., playing 
fields) and a thickness of one foot in areas with ``passive'' exposure 
potential (e.g., walking trails, parking lots). The ``active'' and 
``passive'' areas were based on the future-use plan prepared by the 
Village of West Winfield. Approximately 7 acres of the Site (upland and 
the soil and sediment disposal area) was covered with a two-foot soil 
cover and 1.5 acres (building foundation) was covered with a one-foot 
cover.
    The ROD indicated that the extent, if necessary, for the 
remediation of river sediments in areas downstream of the former 
tannery would be determined based upon post-remediation sediment and 
ecological sampling.
    The results of these investigations suggest that there are no 
discernable downstream impacts to the Unadilla River ecosystem from the 
Site. Therefore, the downstream sediments were determined not to need 
remediation. In order to measure the success that the remediation of 
Site soils and sediments has had on downstream ecological receptors, 
downstream sediment (chemical analysis) and ecological monitoring was 
conducted for three years. The results of these monitoring events are 
discussed in the ``Cleanup Goals'' section below.
    During the RI, groundwater samples collected from the bedrock 
aquifer never exceeded groundwater standards. While there were 
groundwater exceedances in the shallow aquifer during early RI sampling 
rounds, these samples were highly turbid. Subsequent samples with lower 
turbidity did not exceed groundwater standards. Groundwater standards 
for inorganics were, however, exceeded in the semi-confining unit, 
which is located between the shallow and bedrock aquifers. Since 
similar contaminants were also present in Site soils, this 
contamination was believed to be Site-related. As a result of these 
findings, the ROD called for the extraction and treatment of 
contaminated groundwater on an intermittent basis from the semi-
confining unit.
    Based upon the results of sampling conducted during the design 
phase, it was concluded that the contamination present in the semi-
confining unit is not related to disposal activities at the Site (i.e., 
the contamination is naturally occurring). Based upon these findings, 
it was determined the contaminated groundwater would not be extracted 
and treated. These above-noted changes to the remedy were documented in 
a second ESD, issued in September 2008.
    Based on the results of an EPA and NYSDEC pre-final inspection on 
September 30, 2008, a Preliminary Close-Out Report was approved on 
September 30, 2008.
    A Remedial Action (RA) Report was approved by EPA in March 2009. 
The RA Report documented that the work was performed in accordance with 
the approved design, consistent with the decision documents and that 
appropriate construction standards and quality assurance/quality 
control procedures were used.
    The ROD required the imposition of institutional controls to 
restrict the future development/use of the Site where contaminated 
sediments and soils were consolidated, prohibit excavation below the 
soil cover unless the activities are in accordance with an SMP, and 
restrict the use of groundwater. An Environmental Easement effecting 
such restrictions was recorded with the Herkimer County Clerk on July 
22, 2010.
    The ROD called for the development of an SMP to provide for the 
proper management of all post-construction remedy components. The SMP 
was issued on December 29, 2010.
    On September 9, 2010, a final inspection was conducted by EPA and 
NYSDEC. Based on the results of this inspection, it has been determined 
that the construction for the entire Site had been completed and that 
the remedy as implemented was consistent with the ROD, as modified by 
the two ESDs.

Monitoring and Maintenance

    Post-construction M&M activities at the Site called for in the SMP 
are being performed by NYSDEC and the Village of West Winfield. NYSDEC 
has entered into a Transfer Agreement (October 13, 2011) with EPA. The 
Site maintenance activities will be performed at three areas of the 
Site: Upland Area; Wetland Area; and Riverbank Area.

Five-Year Review

    Hazardous substances remain at this Site above levels that would 
allow for unlimited use and unrestricted exposure. Therefore, pursuant 
to CERCLA Section 121(c), EPA is required to conduct a review of the 
remedy at least once every five years. The first five-year review will 
be performed before May 2013, which is five years following the 
initiation of construction.

Community Involvement

    Public participation activities for this Site have been satisfied 
as required in CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k) and 
9617. As part of the remedy selection process, the public was invited 
to comment on the proposed remedy. All other documents and information 
that EPA relied on or considered in recommending this deletion are 
available for the public to review at the information repositories 
identified above.

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

    All of the completion requirements for this Site have been met, as 
described in the September 13, 2011 Final Close-Out Report. The State 
of New York, in a September 21, 2011 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

[[Page 77392]]

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. Consequently, EPA is deleting this Site from the NPL. 
Documents supporting this action are available in the Site files.

V. Deletion Action

    EPA, with the concurrence of the State of New York, has determined 
that all appropriate responses under CERCLA have been completed and 
that no further response actions under CERCLA, other than M&M and five-
year reviews, are necessary. Therefore, EPA is deleting the Site from 
the NPL. Because EPA considers this action to be noncontroversial and 
routine, EPA is taking this action without prior publication. This 
action will be effective February 13, 2012 unless EPA receives adverse 
comments by January 12, 2012. If adverse comments are received within 
the 30-day public comment period of this 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, if 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 received. In such a case, 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, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping requirements, Superfund, Water pollution control, Water 
supply.

    Dated: November 22, 2011.
Judith A. Enck,
Regional Administrator, EPA, Region 2.

    For the reasons set out in the preamble, 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 ``Hiteman 
Leather,'' ``West Winfield'', ``NY.''

[FR Doc. 2011-31912 Filed 12-12-11; 8:45 am]
BILLING CODE 6560-50-P