[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Proposed Rules]
[Pages 44932-44933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18775]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9183-1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Intent To Delete the SMS Instruments, Inc. 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA), Region 2, is 
issuing a Notice of Intent to Delete the SMS Instruments, Inc. 
Superfund Site (Site),

[[Page 44933]]

located in Deer Park, 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, is an 
Appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). The EPA and the State of New York, through the 
New York State Department of Environmental Conservation, have 
determined that all appropriate remedial actions under CERCLA have been 
completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: Comments must be received by August 30, 2010.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, 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 Mark Dannenberg at 212-637-3966.
    Mail: To the attention of Mark Dannenberg, 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 Records Center'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-
1986-0005. 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 Web site. 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 1, SUNY 
@ Stony Brook, 50 Circle Road, Stony Brook, New York 11790, Phone: 631-
444-0240.


FOR FURTHER INFORMATION CONTACT: Mark Dannenberg, 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 212-637-4251; 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 SMS Instruments, Inc. Superfund 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, and those reasons are incorporated herein. If we receive no 
adverse comment(s) on this deletion action, 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 waste, Hazardous substances, Intergovernmental relations, 
Natural resources, Oil pollution, Penalties, Reporting and 
recordkeeping 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: July 20, 2010.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2010-18775 Filed 7-29-10; 8:45 am]
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