55774 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 

9. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113, 

section 12(d) (15 U.S.C. 272 note), 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This final rule 

does not involve technical standards. 

Therefore, EPA did not consider the use 

of any voluntary consensus standards. 

10. Executive Order 12898 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 provides that each Federal 

agency must conduct its programs, 

policies, and activities that substantially 

affect human health or the environment 

in a manner that ensures that such 

programs, policies, and activities do not 

have the effect of excluding persons 

(including populations) from 

participation in, denying persons 

(including populations) the benefits of, 

or subjecting persons (including 

populations) to discrimination under 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

No action from this final rule would 

have a disproportionately high and 

adverse human health and 

environmental effect on any particular 

segment of the population. In addition, 

this rule does not impose substantial 

direct compliance costs on those 

communities. 

11. The Congressional Review Act 

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 rule 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 of the rule 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). 

Accordingly, the requirements of 

Executive Order 12898 do not apply. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Dated: September 14, 2005. 

J.I. Palmer, Jr., 

Regional Administrator for Region 4. 

■ In consideration of the foregoing, 

Subchapter H of Chapter I of Title 40 is 

amended as follows: 

PART 228—[AMENDED] 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

■ 2. Section 228.15 is amended by 

adding (h)(23) to read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(h) * * * 

(23) Port Royal, SC; Ocean Dredged 

Material Disposal Site. 

(i) Location (NAD83): 32°05.00′ N., 

80°36.47′ W.; 32°05.00′ N., 80°35.30′ W.; 

32°04.00′ N., 80°35.30′ W.; 32°04.00′ N., 

80°36.47′ W. 

(ii) Size: Approximately 1.0 square 

nautical miles. 

(iii) Depth: Averages 36 feet. 

(iv) Primary use: Dredged material. 

(v) Period of use: Continuing use. 

(vi) Restriction: Disposal shall be 

limited to suitable dredged material 

from the greater Port Royal, South 

Carolina, vicinity. Disposal shall 

comply with conditions set forth in the 

most recent approved Site Management 

and Monitoring Plan. 

* * * * * 

[FR Doc. 05–19063 9–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7973–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the 

Nutmeg Valley Road Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’ or the ‘‘Agency’’) New 

England (Region 1) announces the 

deletion of the Nutmeg Valley Road Site 

(‘‘Site’’) from the National Priorities List 

(‘‘NPL’’). The NPL constitutes appendix 

B of 40 part 300 which is 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’’) of 1980, as amended. 

EPA and the Connecticut Department of 

Environmental Protection (‘‘CT DEP’’) 

have determined that the Site poses no 

significant threat to public health or the 

environment and, therefore, no further 

remedial measures pursuant to CERCLA 

are appropriate. 

EFFECTIVE DATE: September 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Karen Lumino, Remedial Project 

Manager, at 617–918–1348, or, 

lumino.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: 

Nutmeg Valley Road Site, Wolcott, 

New Haven County, Connecticut. 

A Notice of Intent to Delete for this 

Site was published in the Federal 

Register on August 5, 2005 (70 FR 

45334). The closing date for comments 

on the Notice of Intent to Delete was 

September 6, 2005. No comments were 

received therefore, EPA has not 

prepared a Responsiveness Summary. 

EPA identifies sites that appear to 

present a significant risk to public 

health, welfare, or the environment and 

it maintains the NPL as the list of those 

sites. 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 agency 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, Superfund, Water 

pollution control, Water supply. 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 55775 

Dated: September 15, 2005. 

Ira W. Leighton, 

Acting Regional Administrator, U.S. EPA—

New England. 

■ For the reasons set out in the 

preamble, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended by removing the entry for 

the ‘‘Nutmeg Valley Road Site in 

Wolcott, Connecticut.’’

[FR Doc. 05–19054 Filed 9–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7974–1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Deletion of the Jones Sanitation 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region 2 office, 

announces the deletion of the Jones 

Sanitation Superfund Site (Site), located 

in Hyde Park, New York, from the 

National Priorities List (NPL). 

The NPL is 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. 

EPA and the State of New York, through 

the New York State Department of 

Environmental Conservation (NYSDEC), 

have determined that potentially 

responsible parties have implemented 

all appropriate response actions 

required. Moreover, EPA and NYSDEC 

have determined that with proper 

monitoring, operation and maintenance, 

this Site poses no significant threat to 

public health or the environment. 

EFFECTIVE DATE: September 23, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Isabel Rodrigues, 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, phone (212) 637–

4248; fax: (212) 637–4284; 

e-mail:Rodrigues.Isabel@EPA.GOV. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Jones 

Sanitation Superfund Site, Town of 

Hyde Park, Dutchess County, New York. 

A direct final deletion and a notice of 

intent to delete of the Site were 

published in the Federal Register on 

July 7, 2005 ( 70 FR 30217 and 39180 

to 39182). In these notices, EPA 

requested public comment on the 

proposed NPL deletion of the Site until 

August 8, 2005. During the 30-day 

comment period, EPA received 

correspondence offering critical 

comments. As a result of the critical 

comments, EPA published a Notice of 

Withdrawal of Direct Final Deletion of 

the Site on September 1, 2005. EPA 

evaluated the comments received and 

prepared a Responsiveness Summary 

and has concluded after a review of the 

comments that the Site does not pose a 

significant threat to public health or the 

environment. Copies of the 

Responsiveness Summary are available 

at the following repositories: U.S. 

Environmental Protection Agency, 

Superfund Records Center, 290 

Broadway, Room 1828, New York, New 

York 10007–1866, (212) 637–4308; and, 

Hyde Park Free Public Library, 2 Main 

Street, Hyde Park, NY 12538. 

EPA identifies sites that appear to 

present a significant risk to public 

health or the environment, and it 

maintains the NPL as the active list of 

these sites. As described in 40 CFR 

300.425(e)(3), any site deleted from the 

NPL remains eligible for remedial action 

in the unlikely event that conditions at 

a site warrant such action. Deletion of 

a site from the NPL does not affect the 

liability of potentially responsible 

parties nor does it impede EPA 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, Superfund, Water 

pollution control, Water supply. 

Dated: September 9, 2005. 

Alan J. Steinberg, 

Regional Administrator, Region II. 

Authority 

■ 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] 

■ 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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended under New York (NY) by 

removing the site name ‘‘Jones 

Sanitation’’ and the corresponding city/ 

county designation ‘‘Hyde Park/ 

Dutchess County.’’

[FR Doc. 05–19055 Filed 9–22–05; 8:45 am] 

BILLING CODE 6560–50–P