[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44498-44499]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-47]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to conduct a natural resource damage
assessment at the Diamond Alkali Superfund Site in New Jersey.
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SUMMARY: The National Oceanic and Atmospheric Administration, acting as
the lead administrative trustee on behalf of itself and the U.S.
Department of the Interior, collectively acting as Federal natural
resource trustees (Federal Trustees), have concluded their preliminary
investigation of potential injuries to natural resources under their
trusteeship that may have occurred as the result of releases of
hazardous substances at or from the Diamond Alkali Superfund Site
ASite@). Pursuant to 43 CFR 11, the Federal Trustees have completed a
Preassessment Screen (``PAS''). The Federal Trustees made the
determination to perform a natural resource damage assessment for the
Site. Notice letters have been issued to potentially responsible
parties (PRPs) to participate in the development and performance of
this assessment, and in its funding.
FOR FURTHER INFORMATION CONTACT: PRPs that are being noticed are
requested to provide a response within 30 calendar days of receipt of
their notice letters, stating whether they wish to participate in this
process. PRPs are asked to send responses to: Eli Reinharz, NOAA
Assessment and Restoration Division, 1305 East-West Highway, N/ORR3,
SSMC4, Room 10342, Silver Spring, Maryland, 20910-3281.
For further information regarding the notice letters, please feel
free to contact Eli Reinharz (NOAA) at (301) 713-4248 ext.193,
eli.reinharz@noaa.gov, or Tim Kubiak (FWS) at (609) 646-9310, tim--
kubiak@fws.gov. Legal questions should be addressed to Linda Burlington
(NOAA) at (301) 713-1332, linda.b.burlington@noaa.gov, or Mark Barash
(DOI) at (617) 527-2103, r5mbarash@gmail.com.
SUPPLEMENTARY INFORMATION: Please be advised that the National Oceanic
and Atmospheric Administration, acting as the lead administrative
trustee on behalf of itself and the U. S. Department of the Interior,
collectively acting as Federal natural resource trustees (Federal
Trustees), have concluded their preliminary investigation of potential
injuries to natural resources under their trusteeship that may have
occurred as the result of releases of hazardous substances at or from
the Diamond Alkali Superfund Site (ASite@). Pursuant to 43 CFR part 11,
the Federal Trustees have completed a Preassessment Screen (``PAS'').
The complete PAS may be found at http://www.darrp.noaa/gov/northeast/passaic/injury.html
.
The two agencies cited serve as Federal Trustees under authority of
Subpart G of the National Contingency Plan, 40 CFR 300.600(b)(1-3), and
300.605.
Information gathered and presented in the PAS forms the basis of
the Federal Trustees--conclusion that the following criteria are met:
1. A release of a hazardous substance has occurred.
2. Natural resources for which the Federal Trustees may assert
trusteeship under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) are or are likely to be
adversely affected by the release.
3. The quantity and concentration of the released hazardous
substances are sufficient to potentially cause injury to natural
resources for which the Trustees may assert trusteeship under CERCLA.
4. Data sufficient to pursue a natural resource damage assessment
are available or likely to be obtained at a reasonable cost.
5. Currently implemented and planned response actions will not
sufficiently remedy the injury to natural resources without further
action.
Based upon the above findings, the Federal Trustees made the
determination to perform a natural resource damage assessment for the
Site, and have issued letters to those companies identified as PRPs in
connection with the release of hazardous substances and the subsequent
damages resulting from natural resource injury. The Notice of Intent to
Perform an Assessment is provided pursuant to 43 CFR
11.32(a)(2)(iii)(A). Accordingly, PRPs are invited to participate in
the development and performance of this assessment, and in its funding.
Note that other PRPs are being noticed at this time, and the Federal
Trustees may in the future also provide notices to additional PRPs as
may be deemed appropriate.
[[Page 44499]]
Dated: August 3, 2007.
Ken Barton,
Acting Director, Office of Response and Restoration, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. E7-15464 Filed 8-7-07; 8:45 am]
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