[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Notices]
[Pages 44498-44499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15464]


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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, 
[email protected], or Tim Kubiak (FWS) at (609) 646-9310, [email protected]. Legal questions should be addressed to Linda Burlington 
(NOAA) at (301) 713-1332, [email protected], or Mark Barash 
(DOI) at (617) 527-2103, [email protected].

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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