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###### Environmental Protection Agency

          - 40 CFR Part 300
          - [EPA-HQ-SFUND-1986-0005; FRL-8784-6]

# AGENCY:

Environmental Protection Agency.

# ACTION:

Notice of Intent for Partial Deletion of the Mouat Industries Superfund Site from the National Priorities List.

# SUMMARY:

The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent for Partial Deletion of the surface and subsurface soils component of the Mouat Industries Superfund Site (Site) located in Columbus, Montana, 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 found at Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Montana, through the Montana Department of Environmental Quality (MDEQ), have determined that all appropriate response actions at these identified parcels under CERCLA, other than five-year reviews and operation and maintenance, have been completed. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the surface and subsurface soils component of the Mouat Industries Superfund Site. The groundwater component will remain on the NPL and is not being considered for deletion as part of this action.

# DATES:

Comments must be received by April 23, 2009.

# ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-1986-0005, by one of the following methods:
      -  http://www.regulations.gov . Follow on-line instructions for submitting comments.                    
      -  E-mail: hoogerheide.roger@epa.gov .                    
      -  Fax:                          (406) 457-5056.                    
      -  Mail:                          Roger Hoogerheide, Remedial Project Manager; U.S. EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; Helena, MT 59626.                    
      -  Hand delivery:                          U.S. EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; Helena, MT 59626. 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-1986-0005. 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 e-mail. The                               ( print page 12297)    *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 e-mail comment directly to EPA without going through                         *http://www.regulations.gov*, your e-mail 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 hard copy. Publicly available docket materials are available either electronically in                         *http://www.regulations.gov*                         or are available for viewing and copying at the Site information repositories located at: U.S. EPA Montana Office, Federal Building, Suite 3200, 10 West 15th Street, Helena, MT 59626, (406) 457-5000.                    

Viewing Hours: Mon.-Fri. 8 a.m. to 5 p.m., excluding holidays. Stillwater County Library, 27 North 4th Street; PO Box 266, Columbus, MT 59019-0266, 406-322-5009. Hours: (Library hours vary)

# FOR FURTHER INFORMATION CONTACT:

                        Roger Hoogerheide, Remedial Project Manager, 8MO,                         *hoogerheide.roger@epa.gov*, U.S. EPA, Region 8—Montana Office, 10 W. 15th St., Suite 3200, Helena, Montana 59626, (406) 457-5031 or 1-866-457-2690, extension 5031.                    

# SUPPLEMENTARY INFORMATION:

                    In the “Rules and Regulations” Section of today's                     **Federal Register**                    , we are publishing a direct final Notice of Partial Deletion for the surface and subsurface soils component of the Mouat Industries Superfund Site without prior Notice of Intent for Partial Deletion because EPA views this as a noncontroversial revision and anticipates no adverse comment. We have explained our reasons for this partial deletion in the preamble to the direct final Notice of Partial Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this partial deletion action, we will not take further action on this Notice of Intent for Partial Deletion. If we receive adverse comment(s), we will withdraw the direct final Notice of Partial Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Partial Deletion based on this Notice of Intent for Partial Deletion. We will not institute a second comment period on this Notice of Intent for Partial Deletion. Any parties interested in commenting must do so at this time.                

                    For additional information, see the direct final Notice of Partial 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: March 10, 2009.

Carol Rushin,

Acting Regional Administrator, Region 8.

[FR Doc. E9-6143 Filed 3-23-09; 8:45 am]

BILLING CODE 6560-50-P