[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Rules and Regulations]
[Pages 4077-4081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1821]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL 7615-1]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Tyler Refrigeration Pit 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final notice of deletion of the Tyler Refrigeration 
Pit Superfund Site (Site), located in Smyrna (Kent County), Delaware, 
from the National Priorities List (NPL).
    The NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (CERCLA), is appendix B of 40 CFR part 300, which is 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 Delaware, through the Department of Natural 
Resources and Environmental Control (DNREC), because EPA has determined 
that all appropriate response actions under CERCLA have been completed 
and, therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final deletion will be effective March 29, 2004 
unless EPA receives adverse comments by February 27, 2004. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Matthew T. Mellon, Remedial 
Project Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-3168.

Information Repositories: Comprehensive information about the Site is 
available for viewing and copying at the Site information repositories 
located at: U.S. EPA Region III, Regional Center for Environmental 
Information (RCEI), 1650 Arch Street (2nd Floor), Philadelphia, PA 
19103-2029, (215) 814-5254, Monday through Friday, 8 a.m. to 5 p.m.; 
and in Delaware at the Delaware Department of Natural Resources and 
Environmental Control, Site Investigation and Restoration Branch, 391 
Lukens Drive, New Castle, DE 19720, (302) 395-2600, Monday through 
Friday, 8 a.m. to 4 p.m.

FOR FURTHER INFORMATION CONTACT: Matthew T. Mellon, Remedial Project 
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, 
PA 19103-2029, (215) 814-3168 or 1-800-553-2509.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region III is publishing this direct final notice of deletion 
of the Tyler Refrigeration Pit Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective March 29, 2004 unless 
EPA receives adverse comments by February 27, 2004 on this notice or 
the parallel notice of intent to delete published in the ``Proposed 
Rules'' section of today's Federal Register. If adverse comments are 
received within the 30-day public comment period on this notice or the 
notice of intent to delete, 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, as 
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 of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Tyler Refrigeration Pit 
Superfund Site and demonstrates how it meets the deletion criteria. 
Section V discusses EPA's action to delete the Site from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a Site from the NPL, EPA shall consider, in 
consultation with the State, whether any of the following criteria have 
been met:

    i. responsible parties or other persons have implemented all 
appropriate response actions required;

[[Page 4078]]

    ii. all appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response 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, 
the taking of 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 Sec. 
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the 
site be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. 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 Delaware on the deletion of the 
Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) The State of Delaware concurred with 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 published today in the ``Proposed Rules'' section of 
the Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate federal, state, and local government officials and other 
interested parties; 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 deletion in the 
Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, 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 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 enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. 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 information provides EPA's rationale for deleting the 
Site from the NPL:

Executive Summary of the Basis for Site Deletion

    The Tyler Refrigeration Pit Superfund Site was the location of 
refrigeration manufacturing from the 1940s until 1976, with wastes 
disposed of in two unlined lagoons. These lagoons were excavated, the 
material removed, and the holes backfilled sometime between 1973 and 
1975. From 1978 through 1995, Metal Masters Food Service Equipment 
Company (``Metal Masters'') manufactured restaurant supplies (such as 
metal cabinetry and countertops) at the Site. The Site was the focus of 
two Remedial Investigations (one performed by Clark Equipment Company 
(``Clark''), overseen by EPA, and one performed by Metal Masters, 
overseen by the State) and a Record of Decision (ROD). The conclusions 
of the investigations and subsequent ROD were that the former lagoons 
presented no substantial elevated level of contaminant or additional 
risk, but that the loading dock area of the Metal Masters facility 
appeared to be a source of a trichloroethane (TCA) plume discovered in 
ground water on-site. Furthermore, it was found that the ground water 
at the Site did not present any current elevated risk because there was 
no current exposure (due to a State-implemented Ground Water Management 
Zone (GMZ) that prohibits the installation of wells), but that there 
was the potential for future elevated risk. Therefore, a monitoring 
program was implemented to ensure that levels of contaminants on-site 
continue to diminish, and that no contaminants are leaving the Site or 
the area of the GMZ.
    The No Action remedy was determined in the 2002 Five Year Review of 
the Site to be protective of human health and the environment. Since 
the ground water beneath and near the Site is not currently in use and 
is not migrating off-site, there is no current risk to human health or 
the environment. The GMZ implemented over the area of the Site by DNREC 
prevents the installation of wells, and therefore prevents any future 
exposure to ground water, thereby eliminating any future risk to human 
health or the environment. The monitoring program will continue to 
verify that no contaminants are migrating off-site. The only work 
remaining at the Site is to continue the monitoring program, which is 
to be taken over by Metal Masters pursuant to an Administrative Order 
on Consent that became effective June 4, 2002.

Site History and Characteristics

Land and Resource Use
    The Tyler Refrigeration Pit Site (Site) is located on a 3-acre 
parcel of property at 655 Glenwood Avenue, Smyrna, Delaware. This 
property is currently owned by the State of Delaware and occupied by a 
tenant of Metal Masters, but was formerly owned by the Tyler 
Refrigeration Corporation and subsequently by Clark. The Site is 
approximately 1/2 mile southwest of the center of the town of Smyrna.
    The Site includes an area which formerly contained two wastewater 
lagoons in the northeast portion of the property. Based on aerial 
photographs, the two lagoons were approximately 70 feet x 70 feet and 
60 feet x 60 feet, and existed on the property from as early as 1954. 
The lagoons received wastewater from manufacturing operations at the 
property. Sometime between 1973 and 1975, Clark excavated and removed 
the contents of the lagoons. The lagoons were then backfilled and 
graded, and are currently maintained as parts of a lawn and an asphalt 
parking lot.
    The land use in the area surrounding the Site is predominantly 
residential with some light industry and farming. Properties to the 
north of the Site across Glenwood Avenue include commercial properties, 
several residences and agricultural lands. To the west-northwest of the 
Site are several residences along Glenwood Avenue. To the south and 
southwest of the lagoons are the Metal Masters building and property 
and a grain elevator/silo structure. The area to the south-southeast of 
the Site is mainly residential.

History of Contamination

    In the late 1940s, a plant was constructed on the property to

[[Page 4079]]

manufacture refrigerators by Wilson Refrigeration, Inc. Prior to this 
time the property was owned by the John E. Wilson, Jr. and Bertha M. 
Wilson and Wilson Cabinet Company. In 1951, Tyler Refrigeration 
Corporation (Tyler) leased the property from the Wilsons until 1956 
when the title of the property was passed to Tyler. Based on existing 
aerial photographs, the two lagoons were constructed in the northeast 
portion of the property sometime prior to 1954. These lagoons were 
apparently constructed to receive wastewater from the refrigeration 
manufacturing operations at the Site, although little information is 
available as to their operation. The wastewater reportedly contained 
paints, paint-related waste, and solvents including trichloroethylene 
(TCE). In 1963, Tyler became part of the refrigeration division of 
Clark. Clark manufactured refrigeration equipment at the property until 
1976. Wastewater discharges from the manufacturing operation were 
connected to a municipal sewage system in 1969. Sometime between 1973 
and 1975, Clark excavated and removed the contents of the lagoons, and 
then backfilled the lagoons. In 1978, Metal Masters took possession of 
the property. At approximately the same time, pursuant to a financing 
arrangement in connection with this transaction, the Delaware 
Department of Community Affairs and Economic Development took title to 
the property.
    In 1977, during routine monitoring, the Town of Smyrna's two 
municipal water supply wells were found to contain trichloroethene 
(TCE). Investigations by DNREC, the Delaware Division of Public Health 
and the Town of Smyrna identified a number of potential sources of TCE 
in the Smyrna area, including the Site. In 1982, Smyrna installed 
Granular Activated Carbon (GAC) units on its two municipal water supply 
wells. The GAC units effectively reduced TCE concentrations in the 
drinking water supplies to safe levels.
    In 1982, EPA, performed a Preliminary Assessment/Site Inspection at 
the Site. Low levels of trichloroethane (TCA) and dichloroethane (DCA) 
were detected in one soil sample and toluene was detected in another 
soil sample. In December 1983, DNREC performed a Preliminary Site 
Assessment at the Site and concluded that TCE concentrations in the 
Smyrna wells appeared to be decreasing. Consequently, the GAC units 
were no longer necessary, and were later removed.
    In June 1985, EPA reviewed the available information for the Site 
and concluded that it was one of several possible sources of the TCE 
found in the Smyrna municipal wells. On May 7, 1986, EPA collected a 
total of 10 ground water samples from domestic wells in the vicinity of 
the Site. The samples were analyzed for volatile organic compounds 
(VOCs). The only VOCs detected were low levels of chloroform in two of 
the samples.
    On June 10, 1986, EPA formally proposed adding the Site to the 
National Priorities List (NPL). Significant comments were then 
submitted to EPA regarding the Hazard Ranking System (HRS) score 
(29.41) and opposing the inclusion of the Site onto the NPL. As a 
result, EPA commissioned DNREC to perform a follow-up inspection of the 
Site. Under this investigation, DNREC installed and sampled six (6) 
monitoring wells located across Glenwood Avenue from the Site. Based on 
the ground water sampling results, three substances of concern were 
identified in connection with the Site: l,l,l-TCA, l,l-dichloroethene 
(l,l-DCE) and chromium. Using the ground water sampling data collected 
by DNREC, EPA revised the HRS score for the Site in 1989, increasing 
the score to 33.94. The Site was formally added to the NPL on February 
20, 1990.
    In March 1991, EPA and Clark entered into an Administrative Order 
on Consent whereby Clark agreed to perform a Remedial Investigation 
(RI) and Feasibility Study at the Site.
    In the spring of 1995, Metal Masters ceased operations and the 
property is currently leased and for sale.

Physical Characteristics

Geology
    The Site lies within the Atlantic Coastal Plain physiographic 
province. Directly underlying the Site are sediments of the 
Pleistocene-aged Columbia Formation. The Columbia Formation sediments 
in the vicinity of the Site are comprised of light brown to orange 
brown colored coarse to fine grained sand with some gravel and gravel 
layers. Underlying the Columbia Formation beneath the Site are the 
Miocene age sediments of the Chesapeake Group which consist of dark 
gray silty clay.
    The Columbia Formation sediments underlying the Site form a 
productive regional water table aquifer. The Chesapeake Group sediments 
form a confining layer beneath the water table aquifer. Potable water 
supplies in the vicinity of the Site are obtained from ground water and 
are provided primarily through municipal water systems. The Town of 
Smyrna operates two public water supply wells. Well numbers 1 and 2 are 
1600 feet and 4600 feet east of the Site, respectively. The town of 
Clayton operates three public water supply wells. The closest of these 
wells, Well number 3, is located approximately 3300 feet southwest of 
the Site. All three of the Clayton wells are located in the upgradient 
ground water flow direction from the Site. The Smyrna municipal wells 
draw water from the Columbia Formation aquifer while the Clayton 
municipal wells draw water from the deeper Rancocas aquifer. In the 
Smyrna area, the Columbia and Rancocas aquifers are separated by the 
Calvert and Nanjemoy formations. These formations are 200 feet thick in 
the Smyrna area and act as a confining unit above the Rancocas aquifer.
    Based on the well inventory conducted during the RI, several wells 
in the Smyrna-Clayton area are classified as domestic water wells. 
However, none of these wells is located in a downgradient ground water 
flow direction from the Site.
    Ground water flow direction in the Columbia Aquifer was determined 
based on a four-month water level study conducted during the Clark RI 
(referred to herein as ``the RI''). The ground water flow direction 
from the Site is generally to the northeast. An eight-day water level 
study conducted during the RI indicated that pumping at Smyrna Well 
number 1 does not influence the water levels at the Site, although the 
Site may be within the capture zone of Smyrna Well number 1 under 
steady-state, long-term conditions.
Surface Drainage
    The topography at the Site is nearly level. The entire Site is at 
an elevation of approximately 40 feet above sea level. Surface drainage 
from the parking lot area at and adjacent to the Site is conveyed via 
storm drains to a shallow drainage ditch and retention basin, with no 
outlet, located east of the Site. The drainage ditch and retention 
basin were constructed by Metal Masters after the closure of the 
lagoons in conjunction with the construction of the parking lot. A 
scrub/shrub-emergent wetland area is located within the retention 
basin. Since this area is only intermittently saturated as a result of 
storm water runoff from blacktop areas and building roofs, it is not 
considered to be a functional wetland.
    Surface water bodies in the general area include Greens Branch, 
Duck Creek, Lake Como, and Mill Creek. Greens Branch is located 
approximately 1500 feet west of the Site and flows in a northeasterly 
direction into Duck Creek. Duck Creek is located approximately 4000 
feet to the north of

[[Page 4080]]

the Site and flows east to its confluence with the Smyrna River. The 
Smyrna River flows to the northeast and discharges to the Delaware Bay. 
Lake Como is located approximately 4000 feet to the southeast of the 
Site and is used for recreational purposes.
Subsurface Soils
    Three distinct layers were encountered in the soil borings taken 
during the RI in the locations of the former lagoons: (1) A surficial 
material consisting predominantly of silty sand to sandy silt, probable 
backfill material; (2) a soft, dark gray colored silt to sandy silt 
material containing some organic material. This most likely marks the 
bottom of the lagoons; and (3) native Columbia Formation sediments. 
Former Lagoon 1 is approximately 11.5 feet deep at its deepest point. 
The sandy silt material at what appears to be the bottom of Former 
Lagoon 1 is approximately 2 to 5.5 feet thick. In Former Lagoon 2, the 
sandy silt material is thinner and less aerially extensive.
    As part of the RI, surface soil samples were collected from nine 
(9) locations. In general, the surface soil samples did not show the 
presence of elevated concentrations of contaminants of concern. No 
volatile organic compounds (VOCs) were detected in the surface soil 
samples other than methylene chloride, which is most likely an 
analytical laboratory contaminant, and no semivolatile organic 
compounds (SVOCs) were found. In addition, no inorganic substances were 
detected in any of the surface soil samples at concentrations 
significantly above background levels. One of the surface soil samples, 
however, contained several pesticides (0.93 micrograms per killigram 
(ug/kg) dieldrin, 0.49 ug/kg lindane, 0.57 ug/kg Heptachlor, 0.38 ug/kg 
DDE, 1.4 ug/kg DDT, and 0.91 ug/kg endrin). The presence of pesticides 
at this location may be attributable to the use of fill that was 
deposited on the property from a neighboring agricultural area. Several 
of the pesticides detected, including DDT, have been banned for as long 
as twenty years, indicating that the pesticides have resided in the 
soils for a considerable amount of time.
    A total of 23 subsurface soil samples were collected from 10 soil 
borings to assess subsurface soil quality in the area within, adjacent 
to and below the former lagoons. VOCs were detected in 4 of the 23 
subsurface soil samples analyzed. These compounds included acetone (10 
to 46 ug/kg), xylene (6 to 950 ug/kg), carbon disulfide (8 ug/kg), 
1,1,2-TCA (8 ug/kg), 2-butanone (22 ug/kg), and ethylbenzene (140 ug/
kg). None of the VOCs of concern in the ground water (1,1-TCE, 1,1,1-
TCA and 1,1-DCE) was detected. Semivolatile organic compounds were 
detected in 3 of the 23 samples. These compounds are 2-ethylhexyl 
phthalate (56 to 130 ug/kg) and diethyl phthalate (330 ug/kg). 
Pesticides were detected in 3 of the 23 samples including dieldrin 
(0.28 ug/kg), DDE (0.26 to 0.86 ug/kg), DDT (0.75 ug/kg), and DDD (0.38 
ug/kg). Finally, chromium and zinc were detected at levels above 
background samples from 2 of the borings. Chromium concentrations 
ranged from 159 to 385 ug/kg and zinc concentrations ranged from 628 to 
982 ug/kg.
Ground Water
    Ground water samples were collected from 12 monitoring wells in the 
vicinity of the Site. VOCs were detected in 5 of the 12 wells sampled. 
The highest concentrations of VOCs were 1,1,1-TCA and 1,1-DCE which 
were detected in monitoring well S-1 at 720 ug/l and 33 ug/l, 
respectively. TCE was not detected in any of the ground water samples. 
In addition, no vinyl chloride was detected. Low levels of SVOCs were 
detected in samples from 5 of the 12 wells. Low levels of pesticides 
were also detected in samples from 5 of the 12 wells during the RI, 
including dieldrin, lindane, endrin and ketone. Chromium was detected 
at levels above background levels in four of the twelve wells. The 
highest total chromium concentration was detected at 87.2 ug/l. Zinc 
was not detected above background levels in any ground water samples 
collected.
    The ground water and soils data presented in the RI indicate that 
the lagoons are not the primary source of the 1,1,1-TCA and the 1,1-DCE 
detected in monitoring well S-1. Neither of these contaminants was 
detected in any of the soils within or below the former lagoons. In 
addition, the pattern of contaminants detected in the ground water 
suggests the existence of a source unrelated to the lagoons and located 
to the south and upgradient of well S-1. Finally, the increase in 
1,1,1-TCA concentrations in the samples from well S-1 collected in 1988 
and 1992 indicates that a release of 1,1,1-TCA may have recently 
occurred from a source upgradient of well S-1 or recently migrated from 
such an upgradient source. Since 1,1-DCE is a breakdown product of 
1,1,1-TCA, the same source is most likely responsible for the presence 
of both contaminants.
    These conclusions are further supported by the findings of the 
Metal Masters RI [Metal Masters Food Services Company, Inc., Remedial 
Investigation Report (Groundwater Technology, June 1995)] conducted 
pursuant to an order with DNREC. The Metal Masters' RI identified three 
possible source areas: (1) a loading dock where drums of TCA were 
received, (2) a TCA Storage Area and (3) an underground sanitary sewer 
holding tank. Surface and subsurface soil samples were taken from these 
areas. Three additional monitoring wells were installed downgradient of 
these areas to study the ground water. The distribution of 
contamination in the soil and ground water indicated that the historic 
source of the 1,1,1-TCA and 1,1-DCE was near the TCA Storage Area. The 
Metal Masters' RI concluded that the TCA Storage Area, however, does 
not likely represent a continuing potential source because little 
contamination remains in the soil and Metal Masters discontinued 
operations in the spring of 1995.
    In July of 2003, EPA conducted the final sampling event to be 
performed by EPA. The purpose of the sampling was to determine if a 
recently understood contaminant--1,4-dioxane--was present at or near 
the Site, and if so, at what levels. The compound 1,4-dioxane is a 
stabilizer present in TCA. The nearest municipal water supply well was 
also checked for this compound. The results of this sampling event 
showed very low concentrations of 1,4-dioxane (<1 part per billion). At 
such low levels, this contaminant does not pose any significant risk. 
Future monitoring will, however, include monitoring for 1,4-dioxane. In 
addition, the 2003 sampling results showed continued stable or 
decreasing levels of other site contaminants.
    Despite the slightly elevated levels of contaminants found at the 
Site, these investigations found that there was no elevated risk at 
present because all residents near the Site are serviced by the 
municipal water supply. The potential for a future elevated risk 
existed because of the possibility that drinking water wells could be 
installed in the future that would draw contaminated water from the 
Site. The GMZ that encompasses the Site protects residents that might 
have otherwise installed wells from the slightly elevated contaminant 
levels.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA 113(k), 42 U.S.C. 9613(k), and CERCLA 117, 42 U.S.C. 9617. 
Documents in the deletion docket which EPA relied on for recommendation 
of the deletion from the NPL are available to the public in the 
information repositories.

[[Page 4081]]

V. Deletion Action

    One of the criteria for site deletions, set forth in Section 
300.425(e)(1)(i) of the NCP, specifies that EPA may delete a site from 
the NPL if ``[r]esponsible parties or other persons have implemented 
all appropriate response actions required.'' EPA, with the concurrence 
of the State of Delaware, believes that this criterion has been met. 
Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective March 29, 2004 unless 
EPA receives adverse comments by February 27, 2004 on this notice or 
the parallel notice of intent to delete published 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 it will not take effect and EPA will 
also 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.

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: November 18, 2003.
Donald S. Welsh,
Regional Administrator, U.S. EPA Region III.

0
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.

Appendix B--[Amended]

0
2. Table 1 of appendix B to part 300 is amended under Delaware (``DE'') 
by removing the site name ``Tyler Refrigeration Pit, Smyrna.''

[FR Doc. 04-1821 Filed 1-27-04; 8:45 am]
BILLING CODE 6560-50-P