[Federal Register Volume 69, Number 18 (Wednesday, January 28, 2004)]
[Proposed Rules]
[Pages 4096-4097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-1822]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7615-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Tyler Refrigeration Pit 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
issuing a notice of intent to delete the Tyler Refrigeration Pit 
Superfund Site (Site) located in Smyrna, Delaware, from the National 
Priorities List (NPL) and requests public comments on this notice of 
intent. The NPL, promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended (CERCLA), is found at appendix B of 40 CFR part 
300, which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). EPA and the State of Delaware, through the 
Department of Natural Resources and Environmental Control (DNREC), have 
determined that all appropriate response actions under CERCLA, other 
than operation and maintenance and five-year reviews, have been 
completed. However, this deletion does not preclude future actions 
under CERCLA.
    In the ``Rules and Regulations'' section of today's Federal 
Register, EPA is publishing a direct final notice of deletion of the 
Tyler Refrigeration Pit Site without prior notice of intent to delete 
because EPA views this as a noncontroversial deletion and anticipates 
no adverse comment. EPA

[[Page 4097]]

has explained its reasons for this deletion in the direct final notice 
of deletion. If EPA receives no adverse comment(s) on the direct final 
notice of deletion, EPA will not take further action. If EPA receives 
adverse comment(s), EPA will withdraw the direct final notice of 
deletion and it will not take effect. EPA will, as appropriate, address 
all public comments in a subsequent final deletion notice based on this 
notice of intent to delete. EPA 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 and 
Regulations'' section of this Federal Register.

DATES: Comments concerning this Site must be received by February 27, 
2004.

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

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: For additional information, see the Direct 
Final Notice of Deletion which is located in the ``Rules and 
Regulations'' section of this Federal Register.
    Information Repositories: Repositories have been established to 
provide detailed information concerning this decision at the following 
addresses: 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.

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.

    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: November 18, 2003.
Donald S. Welsh,
Regional Administrator, U.S. EPA Region III.
[FR Doc. 04-1822 Filed 1-27-04; 8:45 am]
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