Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57239 

Dated: September 22, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–19617 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7977–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent to Delete the 

Batavia Landfill Superfund Site from 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 office is issuing 

this notice of intent to delete the Batavia 

Landfill Superfund Site (Site), located 

in the Town of Batavia, Genesee County, 

New York from the National Priorities 

List (NPL) and requests public comment 

on this action. The NPL is Appendix B 

of the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), 40 CFR part 300, which EPA 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended. The 

EPA and the State of New York, through 

the Department of Environmental 

Conservation (NYSDEC), have 

determined that potentially responsible 

parties have implemented all 

appropriate response actions, other than 

operation and maintenance and fiveyear reviews. Moreover, EPA and 

NYSDEC have determined that the Site 

poses no significant threat to public 

health or the environment. In the ‘‘Rules 

and Regulations’’ Section of today’s 

Federal Register, EPA is publishing a 

direct final notice of deletion for the 

Batavia Landfill Superfund Site without 

prior notice of this action because EPA 

views this as a noncontroversial 

revision and anticipates no significant 

adverse comment. EPA has explained its 

reasons for this action in the preamble 

to the direct final deletion. If EPA 

receives no significant adverse 

comment(s) on this notice of intent to 

delete or the direct final notice of 

deletion or other notices it may issue, 

EPA will not take further action on this 

notice of intent to delete. If EPA 

receives significant adverse comment(s), 

it will withdraw the direct final notice 

of deletion and it will not take effect. 

EPA will, as appropriate, address all 

public comments. If, after evaluating 

public comments, EPA decides to 

proceed with deletion, it will do so in 

a subsequent final deletion notice based 

on this notice of intent to delete. Any 

parties 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. 

DATES: Comments concerning this Site 

must be received by October 31, 2005. 

ADDRESSES: Written comments should 

be addressed to: Michael Walters, 

Remedial Project Manager, Emergency 

and Remedial Response Division, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 20th Floor, 

New York, New York 10007–1866. 

FOR FURTHER INFORMATION CONTACT: 

Michael Walters at the address provided 

above, or by telephone at (212) 637–

4279, by fax at (212) 637–4284 or by email at Walters.Michael@EPA.GOV. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the Direct 

Final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9675; 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: September 21, 2005. 

Alan J. Steinberg, 

Regional Administrator, U.S. EPA, Region II. 

[FR Doc. 05–19614 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7976–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of intent to partially 

delete the Jacobs Smelter Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

notice of intent to partially delete the 

Jacobs Smelter Superfund Site, located 

in Tooele County, Utah, from the 

National Priorities List (NPL) and 

requests public comments on this notice 

of intent. Specifically, EPA intends to 

delete Operable Unit 3 from the site, 

comprised only of soils within the 

Union Pacific Rail Road (UPRR) right-ofway. The NPL constitutes appendix B to 

the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), 40 CFR part 300, which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980 as amended. The 

EPA and the state of Utah, through the 

Utah Department of Environmental 

Quality (UDEQ), have determined that 

all appropriate response actions under 

CERCLA have been completed for the 

properties subject to the partial deletion. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

In the ‘‘Rules and Regulations’’

section of today’s Federal Register, we 

are publishing a direct final notice of 

partial deletion of the Jacobs Smelter 

Superfund Site without prior notice of 

intent to partially delete because we 

view this as a non-controversial revision 

and anticipate no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final partial deletion. If we 

receive no adverse comment(s) on this 

notice of intent to partially delete or the 

direct final notice of partial deletion, we 

will not take further action on this 

notice of intent to partially delete. 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 partial deletion notice based on 

this notice of intent to partially delete. 

We will not institute a second comment 

period on this notice of intent to 

partially delete. Any parties interested 

in commenting must do so at this time. 

For additional information, see the 

direct final notice of partial deletion 

that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

DATES: Comments concerning this 

notice must be received by October 31, 

2005. 

ADDRESSES: Written comments should 

be addressed to: Jennifer Lane, 

Community Involvement Coordinator 

(80C), U.S. EPA Region 8, 999 18th 

Street, Suite 300, Denver, CO 80202–

2466, (303) 312–6813 or 1–800–227–

8917, ext. 6813 (Region 8 only). E-mail: 

lane.jennifer@epa.gov. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Lloyd, Remedial Project Manager (8EPRSR), U.S. EPA Region 8, 999 18th Street, 

Suite 300, Denver, CO 80202–2466, 

(303) 312–6537 or 1–800–227–8917, ext. 

6537 (Region 8 only). 

SUPPLEMENTARY INFORMATION: For 

additional information, see the Direct 

Final Notice of Partial Deletion, which