[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Proposed Rules]
[Page 57239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19614]


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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.

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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 five-year 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 e-mail at [email protected].

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