Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57155 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 1151) in 

Montana? 

Montana is not authorized to carry out 

its hazardous waste program in Indian 

country, as defined in 18 U.S.C. 1151. 

This includes, but is not limited to: 

A. Lands within the exterior 

boundaries of the following Indian 

Reservations located within or abutting 

the State of Montana: 

a. Blackfeet Indian Reservation. 

b. Crow Tribe of Montana Indian 

Reservation. 

c. Flathead Indian Reservation. 

d. Fort Belknap Indian Reservation. 

e. Fort Peck Indian Reservation. 

f. Northern Cheyenne Indian 

Reservation. 

g. Rocky Boy’s Indian Reservation. 

B. Any land held in trust by the U.S. 

for an Indian tribe, and 

C. Any other land, whether on or off 

a reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. 

Therefore, this program revision does 

not extend to Indian country where EPA 

will continue to implement and 

administer the RCRA program in these 

lands. 

K. What is Codification and is EPA 

Codifying Montana’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the State’s authorized hazardous waste 

program statutes and regulations into 

the Code of Federal Regulations. We do 

this by referencing the authorized State 

rules in 40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

BB for this authorization of Montana’s 

program until a later date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, this action also does 

not significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), EPA 

grants a State’s application for 

authorization as long as the State meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’ issued under the 

executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action will be effective November 29, 

2005. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation-byreference, Indians-lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: September 22, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–19619 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7977–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct Final Deletion of the 

Batavia Landfill Superfund Site from 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region 2, announces the 

deletion of the Batavia Landfill 

Superfund Site (Site), located in the 

Town of Batavia, Genesee County, New 

York, from the National Priorities List 

(NPL) and will consider 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 

57156 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended. 

This Direct Final Notice of Deletion is 

being published by EPA with the 

concurrence of the State of New York, 

through the Department of 

Environmental Conservation (NYSDEC). 

EPA and NYSDEC have determined that 

potentially responsible parties have 

implemented all appropriate response 

actions required. Moreover, EPA and 

NYSDEC have determined that the Site 

poses no significant threat to public 

health or the environment. 

DATES: This direct final deletion will be 

effective November 29, 2005 unless EPA 

receives significant adverse comments 

by October 31, 2005. 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: Comments may be mailed 

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. 

Information Repositories: 

Comprehensive information about the 

Site is available for viewing and copying 

at the Site information repositories 

located at: U.S. Environmental 

Protection Agency, Region 2, Superfund 

Records Center, 290 Broadway, Room 

1828, New York, New York 10007–1866, 

(212) 637–4308, 

Hours: 9 a.m. to 5 p.m., Monday 

through Friday; 

Batavia Town Hall, 3833 West Main 

Street Road, Batavia, New York 

14020, Telephone Number (585) 343–

1729, Hours: 9 a.m. to 8 p.m., Monday 

through Friday. 

Richmond Public Library, 19 Ross 

Street, Batavia, New York 14020, 

Mon., Tues., Thurs. 9 a.m. to 9 p.m., 

Wed. 9 a.m. to 6 p.m., Fri. 9 a.m. to 

5 p.m. Closed on Saturday and 

Sunday, Telephone (585) 343–9550. 

FOR FURTHER INFORMATION CONTACT: 

Michael Walters, Remedial Project 

Manager, U.S. EPA Region 2, 290 

Broadway, 20th Floor, New York, New 

York 10007–1866, (212) 637–4279; Fax 

Number (212) 637–4284; E-mail address: 

Walters.Michael@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

I. Introduction 

EPA Region 2 announces the deletion 

of the Batavia Landfill Superfund Site 

from the NPL. The EPA maintains the 

NPL as the list of those sites that appear 

to present a significant risk to public 

health, welfare, or the environment. As 

described in 300.425(e)(3) of the NCP, 

sites deleted from the NPL remain 

eligible for remedial actions if 

conditions at the deleted site warrant 

such action. 

EPA considers this action to be 

noncontroversial and routine, and 

therefore, EPA is taking it without prior 

publication of a Notice of Intent to 

Delete. This action will be effective 

November 29, 2005 unless EPA receives 

significant adverse comments by 

October 31, 2005 on this action or the 

parallel Notice of Intent to Delete 

published in the Notice section of 

today’s Federal Register. If significant 

adverse comments are received within 

the 30-day public comment period, EPA 

Region 2 will publish a timely 

withdrawal of this Direct Final 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 already received. There will 

be no additional opportunity to 

comment. 

Section II explains the criteria for 

deleting sites from the NPL. Section III 

discusses procedures that EPA is using 

for this action. Section IV discusses the 

Batavia Landfill Superfund Site and 

demonstrates how it meets the deletion 

criteria. 

II. NPL Deletion Criteria 

Section 300.425(e) of the NCP 

provides that sites may be deleted from 

the NPL where no further response is 

appropriate. In making this 

determination, EPA, in consultation 

with the State, shall consider 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 poses no 

significant threat to public health or the 

environment and, therefore, 

implementing remedial measures is not 

appropriate. 

Even if a site is deleted from the NPL, 

where hazardous substances, pollutants, 

or contaminants remain at the deleted 

site above levels that allow for 

unlimited use and unrestricted 

exposure, CERCLA section 121(c), 42 

U.S.C. 9261(c) requires that a 

subsequent review of the site be 

conducted at least every five years after 

initiation of the remedial action at the 

deleted site to ensure that the action 

remains protective of human health and 

the environment. If new information 

becomes available which indicates a 

need for further action, EPA may initiate 

remedial actions. Based upon Section 

300.425(e)(3) of the NCP, 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. EPA proposes to delete this Site 

because potentially responsible parties 

have implemented all appropriate 

response actions. 

III. Deletion Procedures 

The following procedures were used 

for the intended deletion of this Site: 

(1) The Site was listed on the NPL in 

September 1983. 

(2) In August 1984, EPA entered into 

an Administrative Order on Consent 

with NL Industries for the performance 

of the Remedial Investigation/Feasibility 

Study (RI/FS) for the Site. 

(3) The RI Report was completed in 

1992, the FS Report in 1994. 

(4) On March 31, 1993, EPA signed a 

Record of Decision (ROD) selecting an 

interim remedy for the Site which 

required the extension of the municipal 

water supply system to residents 

affected or potentially affected by the 

Site. 

(5) On September 21, 1993, EPA 

issued a Unilateral Administrative 

Order to the Potentially Responsible 

Parties (PRPs) directing them to 

implement the interim remedy. 

(6) On January 30, 1996, EPA formally 

approved the completion of the 

extension of the municipal waterline 

system and connection of the homes. 

(7) On June 6, 1995, EPA issued a 

ROD which selected a final remedy for 

the Site which included engineered and 

institutional controls. 

(8) The first Five-Year Review was 

signed by EPA on June 30, 2000. 

(9) On July 10, 2003, EPA determined 

that the engineered controls had been 

constructed. A final Remedial Action 

Report was approved on September 26, 

2003. 

(10) In June 2005, institutional 

controls were recorded with the 

Genesee County Register of Deeds. 

(11) The EPA consulted with the 

NYSDEC on the deletion of this Site and 

NYSDEC concurred with the deletion of 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57157 

the Site from the NPL on September 13, 

2005. 

(12) Concurrently with the 

publication of this Direct Final Deletion, 

a parallel Notice of Intent to Delete has 

been published today in the Notice 

section of the Federal Register. Notices 

are also being published in local 

newspapers and appropriate notice is 

being provided to federal, state, and 

local government officials and other 

interested parties. 

(13) The EPA placed copies of 

documents supporting the deletion in 

the Site information repositories 

identified above. 

If no significant adverse comments are 

received, the Site will be deleted. If 

significant adverse comments are 

received within the 30-day public 

comment period on this action, EPA 

will publish a timely notice of 

withdrawal of this deletion before its 

effective date. EPA will prepare, if 

appropriate, 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 

appropriate enforcement actions. 

IV. Basis for Site Deletion 

The following summary provides a 

brief description and actions taken at 

the Batavia Landfill Superfund Site 

which provides the Agency’s rationale 

for recommending deletion of the Site 

from the NPL. 

The Batavia Landfill Superfund Site 

(the Site or the Landfill) is located in the 

Town of Batavia, Genesee County, 

approximately three miles westnorthwest of the City of Batavia, New 

York. The Site is approximately 35 acres 

in area and is bounded to the north and 

portions of the east by the Galloway 

Swamp, to the east by the Town’s 

former Sanitary Landfill (now closed), 

to the south by Harloff Road (the New 

York State Thruway is approximately 

200 feet south of the Landfill), and to 

the west by vacant property. The Town 

of Batavia owns the Site and the 

adjoining sanitary landfill to the east. 

The Landfill accepted wastes, 

including industrial wastes, for on-site 

disposal from 1968 until 1980, when the 

NYSDEC declared the property an open 

dump based on noncompliance with 

surface water criteria (40 CFR Part 257). 

Poor housekeeping practices and the 

disposal of industrial and hazardous 

wastes resulted in the closure of the 

Landfill. 

During the active years of waste 

management approximately 800,000 

cubic yards of industrial wastes have 

been disposited at the Site. In December 

1982, Fred C. Hart Associates, under 

contract with EPA, conducted a 

groundwater sampling survey in the 

area of the Site. Sampling data from onsite monitoring wells revealed the 

presence of hazardous organic and 

inorganic chemical constituents 

(including methylene chloride, 1,1 

dichloroethane, and barium) which 

exceeded New York State and Federal 

drinking water standards. 

On December 20, 1982, the Site was 

proposed for inclusion on the NPL and 

was added to the NPL by publication in 

the Federal Register on September 8, 

1983 (48 FR 40658). 

On August 9, 1984, EPA entered into 

an Administrative Order on Consent 

(AOC) with NL Industries, a Potentially 

Responsible Party (PRP), for the 

performance of a RI/FS at the Site. 

A residential well program conducted 

by the New York State Department of 

Health in 1992 at homes in close 

proximity to the Site revealed levels of 

contaminants in the wells above the 

Federal Maximum Contaminant Levels. 

A subsequent risk assessment performed 

by EPA revealed that the continued 

ingestion of the groundwater posed a 

significant endangerment to the area 

residents. 

On March 31, 1993, EPA signed a 

Record of Decision (ROD) selecting an 

interim remedy for the Site which 

required the extension of the municipal 

water supply system to residents 

affected or potentially affected by the 

Site. 

On September 21, 1993, EPA issued a 

Unilateral Administrative Order to the 

PRPs directing them to implement the 

interim remedy outlined in the 1993 

ROD. On January 30, 1996, EPA 

approved the completion of the 

replacement and/or retrofitting of 

residential groundwater well piping 

systems with new piping and 

appurtenances connecting each home to 

the waterline. 

On June 6, 1995, EPA selected the 

final remedy: (a) The excavation of 

approximately 50,000 cubic yards of 

contaminated soil from the northern 

area of the Landfill and consolidation of 

these materials under a landfill cap in 

the southern area of the Landfill; (b) 

excavation of approximately 150 drums 

from the southern area of the Landfill 

and their off-site treatment and disposal; 

(c) construction of a cap over the 

southern region of the Landfill; (d) the 

restoration of the surrounding wetlands 

at the Landfill impacted by past waste 

disposal activities; and, (e) 

establishment of institutional controls to 

preclude certain uses of the property. 

In September 1995, EPA issued an 

AOC for the performance of the 

remedial design (RD) for the site 

remedy. The RD was completed in 

December 1999. The site remedy was 

modified on September 16, 1999 in an 

Explanation of Significant Difference 

(ESD) which called for the excavation 

and removal of 126,000 cubic yards of 

contaminated soils from the northern 

and central areas of the Site, an increase 

of 76,000 cubic yards of wastes from the 

previous estimate. 

The final landfill cap, constructed in 

the southern area of the Site, covers an 

approximate area of 15.5 acres and is 

consistent with New York State 

hazardous waste management 

regulations. Approximately 210,000 

cubic yards of excavated wastes from 

the northern, central and wetland areas 

of the Site were consolidated under the 

southern area landfill cap. The landfill 

cap was constructed with 18 inches of 

compacted clay, a drainage and leachate 

collection system, a gas venting system 

and a 24-inch barrier protection layer of 

soil and 6 inches of topsoil suitable to 

maintain vegetative growth. 

A perimeter chain-linked fence 

around the Site, including three access 

gates, has been installed. Approximately 

seven acres of waste-impacted wetlands 

(including some areas of standing water 

which support a submergent vegetative 

community) were remediated and 

restored during the conclusion of 

remedial construction activities in 

September and October 2002. 

Institutional controls have been put in 

place at the Site to restrict future 

activities at the Site that may negatively 

impact the effectiveness of the 

implemented site remedy or threaten 

human health and the environment. 

These site restrictions include a ban on 

the construction of drinking water wells 

and new building structures that may 

impede the effectiveness of the landfill 

cap systems. 

Implementation of the interim and 

final remedies have utilized permanent 

solutions in the effective short-term and 

long-term abatement of the human 

health and ecological risks posed by the 

Site. The final remedy is reducing the 

toxicity, mobility, and volume of 

contaminants by reducing infiltration 

through the landfilled wastes and 

collecting and treating the leachate. In 

addition, the final remedy also involved 

the remediation and restoration of seven 

acres of wetlands at the Site. 

EPA has determined that all 

appropriate response measures under 

the Comprehensive Environmental 

Response, Compensation, and Liability 

57158 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Act have been implemented and that no 

further cleanup is required. The Site 

poses no significant threat to public 

health or the environment. 

Consequently, this Site no longer needs 

to be listed on the NPL; however, this 

decision does not preclude future 

actions under Superfund should they 

become necessary. 

A Remedial Action Work Plan 

(RAWP) for the implementation of longterm operation and maintenance for the 

landfill cap systems is in place. The 

Town of Batavia is required to manage 

the required operation and maintenance 

(O&M) activities in accordance with the 

RAWP. Required O&M activities include 

the long-term implementation of a semiannual groundwater monitoring 

program, periodic Site inspections, and 

regular landfill cap maintenance 

activities. The inspections are required 

to ensure and maintain the operational 

effectiveness and structural integrity of 

the Site remedy to protect human health 

and the environment. 

Institutional controls consisting of an 

easement and deed restriction limiting 

access to the Site and preventing the use 

of contaminated water as a drinking 

source were filed with the Genesee 

County Register of Deeds on June 10, 

2005. 

Public participation activities for this 

Site have been satisfied as required by 

CERCLA Section 113(k), 42 U.S.C. 

9613(k), and, CERCLA Section 117,42 

U.S.C. 9617. The RI/FS and the 1993 

and 1995 RODs were both subject to the 

public review process. All documents 

and information which EPA relied on or 

considered in reaching the conclusion 

that this Site can be deleted from the 

NPL are available for the public to 

review at the information repositories. 

The final remedy implemented at this 

Site results in contaminants remaining 

at the Site above levels that allow for 

unlimited use and unrestricted 

exposure. In accordance with CERCLA 

Section 121(c), EPA and/or NYSDEC 

will conduct a review of this remedy no 

less often than every five years. A first 

Five-Year Review Report for the Site 

was completed in June 2000. EPA has 

determined that the remedies protect 

public health and the environment and 

that they function as intended by the 

decision documents. All construction 

activities for the Site required by the 

final ROD were completed in July 2003. 

A second Five-Year Review was 

completed in September 2005. 

One of the three criteria for site 

deletion specifies that a site may be 

deleted from the NPL if ‘‘responsible 

parties or others parties have 

implemented all appropriate response 

actions required.’’ [ 40 CFR 

300.425(e)(1) (i)]. EPA, with 

concurrence of the State of New York, 

through the NYSDEC, believes that this 

criterion for deletion has been met and 

therefore, EPA is deleting this Site from 

the NPL. 

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. 

Dated: September 21, 2005. 

Alan J. Steinberg, 

Regional Administrator, U.S. EPA Region II. 

■ For the reasons set out in the 

preamble Part 300 Title 40 of Chapter I 

of the Code of Federal Regulations is 

amended as follows: 

PART 300—[AMENDED] 

■ 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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended under New York (NY) by 

removing the site name ‘‘Batavia 

Landfill’’ and the corresponding city 

designation ‘‘Town of Batavia.’’

[FR Doc. 05–19613 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7976–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of partial 

deletion of the Jacobs Smelter 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final notice of partial deletion of 

the Jacobs Smelter Superfund Site from 

the National Priorities List (NPL). 

Specifically EPA intends to delete 

Operable Unit 3 from the site, 

comprised only of soils within the 

Union Pacific Rail Road (UPRR) right-ofway in Tooele County, Utah. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substance Pollution Contingency Plan 

(NCP). The EPA is publishing this direct 

final notice of partial deletion with the 

concurrence of the State of Utah, 

through the Utah Department of 

Environmental Quality (UDEQ) because 

the EPA has determined that all 

appropriate response actions under 

CERCLA have been completed at these 

properties and, therefore, further 

remedial action pursuant to CERCLA is 

not appropriate. 

This partial deletion pertains to 

Operable Unit 3 described in section IV 

of this document and does not alter the 

status of any other portion of the Jacobs 

Smelter Superfund Site. Operable Unit 

1 was deleted from the NPL in 2001. 

DATES: This direct final partial deletion 

will be effective November 29, 2005 

unless EPA receives adverse comments 

by October 31, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final partial deletion in the 

Federal Register informing the public 

that the partial deletion will not take 

effect. 

ADDRESSES: Comments may be mailed to 

Jennifer Lane, Community Involvement 

Coordinator, U.S. EPA Region 8 (8OC), 

999 18th Street, Suite 300, Denver, CO 

80202–2466, (303) 312–6813. 

Information Repositories: 

Comprehensive information about the 

site is available for viewing and copying 

at the site information repositories 

located at: 

U.S. Environmental Protection Agency 

Region 8 Records Center, 999 18th St., 

Suite 300, Denver, CO 80202–2466, 

Hours: Monday–Friday, 8:30 a.m. to 

4:30 p.m. 

Tooele City Public Library, 128 West 

Vine Street, Tooele, UT 84074, Hours: 

Tuesday–Friday 11 a.m. to 7:30 p.m.; 

Saturday 10:30 a.m. to 6 p.m. 

Utah Department of Environmental 

Quality, 168 North 1950 West, 1st 

Floor, Salt Lake City, UT 84116, (801) 

536–4400, Hours: Monday–Friday, 8 

a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Lloyd, Remedial Project Manager 

(8EPR–SR), U.S. EPA Region 8, 999 18th 

Street, Suite 300, Denver, CO 80202–

2466, (303) 312–6537. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction