[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Proposed Rules]
[Pages 42539-42540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16477]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1994-0001; FRL-8694-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to Delete the Pfohl Brothers Landfill 
Superfund Site (Site) from the National Priorities List.

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SUMMARY: EPA, Region 2, is issuing a Notice of Intent to Delete the 
Site, located in Cheektowaga, New York, from the National Priorities 
List (NPL) and requests public comments on this proposed action. The 
NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, 42 U.S.C. 9605, is found at Appendix B of 40 CFR Part 
300, which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP) which EPA promulgated pursuant to section 105 of 
CERCLA. EPA and the State of New York, through the New York State 
Department of Environmental Conservation, have determined that the 
responsible parties have completed all appropriate remedial actions and 
that no further actions, other than operation and maintenance and five-
year reviews, are required.

DATES: Comments must be received by August 21, 2008.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1994-0001, by one of the following methods:
    Web site: http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
    E-mail: [email protected].
    Fax: To the attention of Pamela Tames at 212-637-3966.
    Mail: To the attention of Pamela Tames, P.E., Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region 2, 290 Broadway, 20th Floor, New York, NY 
10007-1866.
    Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor, 
New York, NY 10007-1866 (telephone: 212-637-4308). Such deliveries are 
only accepted during the Docket's normal hours of operation (Monday to 
Friday from 9 a.m. to 5 p.m.). Special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1994-0001. EPA's policy is that all comments received will be included 
in the Docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider CBI 
or otherwise protected through http://www.regulations.gov or via e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comments. If you 
send comments to EPA via e-mail, your e-mail address will be included 
as part of the comment that is placed in the Docket and made available 
on the website. If you submit electronic comments, EPA recommends that 
you include your name and other contact information in the body of your 
comments and with any disks or CD-ROMs that you submit. If EPA cannot 
read your comments due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comments. 
Electronic files should avoid the use of special characters and any 
form of encryption and should be free of any defects or viruses.
    Docket: All documents in the Docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available Docket materials can be viewed electronically at 
http://www.regulations.gov or obtained in hard copy at:

U.S. Environmental Protection Agency, Region 2, Superfund Records 
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9 a.m. to 5 p.m., and
New York State Department of Environmental Conservation, Region 9, 270 
Michigan Avenue, Buffalo, New York 14203-2999; Phone: 716-851-7200.

FOR FURTHER INFORMATION CONTACT: Pamela Tames, P.E., Remedial Project 
Manager, by mail at Emergency and Remedial Response Division, U.S. 
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor, 
New York, NY 10007-1866; telephone at 212-637-4255; fax at 212-637-
3966; or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
today's Federal Register, we are publishing a direct final Notice of 
Deletion of the Site without prior Notice of Intent to Delete because 
we view this as a noncontroversial revision and anticipate no adverse 
comment. We have explained our reasons for this deletion in the 
preamble to the direct final Notice of Deletion. If we receive no 
adverse comment(s) on this Notice of Intent to Delete or the direct 
final Notice of Deletion, we will not take further action on this 
Notice of Intent to Delete. If we receive adverse comment(s), we will 
withdraw the direct final Notice of Deletion and it will not take 
effect. We will, as appropriate, address all public comments in a 
subsequent final Deletion Notice based on this Notice of Intent to 
Delete. We will not institute a second comment period 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.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping

[[Page 42540]]

requirements, Superfund, Water pollution control, Water supply.

    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.

    Dated: June 30, 2008.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E8-16477 Filed 7-21-08; 8:45 am]
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