42298 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 

information concerning the EPA Science 

Advisory Board can be found on the 

SAB Web site at http://www.epa.gov/ 

sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

5 U.S.C., App. 2 (FACA), notice is 

hereby given that the EPA Science 

Advisory Board will hold a public 

meeting to conduct two reviews of draft 

SAB committee reports and to conduct 

other business as noted. The SAB was 

established pursuant to 42 U.S.C. 4365 

to provide independent scientific and 

technical advice to the Administrator on 

the technical basis for Agency positions 

and regulations. The SAB is a Federal 

Advisory Committee under FACA. The 

SAB will comply with the provisions of 

FACA and all appropriate SAB Staff 

Office procedural policies. 

Background: (a) SAB Quality Review 

of the Draft SAB Report on Reactive 

Nitrogen in the United States. The 

Chartered Science Advisory Board will 

conduct a review of the SAB Integrated 

Nitrogen Committee (INC) draft report: 

Reactive Nitrogen in the United States; 

An Analysis of Inputs, Flows, 

Consequences, and Management 

Options from 1 p.m. until not later than 

4 p.m. on Wednesday, September 23, 

2009. Reactive nitrogen, a form of 

nitrogen consisting mainly of 

ammonium and nitrate, is ‘‘fixed’’ by 

natural or human-driven processes or 

recycled from decaying organic matter. 

Increasing quantities of reactive 

nitrogen released by human activities, 

such as the production and use of 

synthetic fertilizers, burning of fossil 

fuel, and planting of nitrogen-fixing 

crops currently surpasses the amount of 

nitrogen fixed by natural processes (e.g., 

microbial activities, wildfire). Adverse 

environmental effects may occur when 

reactive nitrogen occurs in amounts that 

exceed what the ecosystem can 

normally use or recycle. Adverse effects 

may include degradation of air and 

water quality, harmful algae blooms, 

hypoxia, fish kills, loss of drinking 

water supplies, loss of biodiversity, 

forest declines, and human health 

effects. 

The SAB Integrated Nitrogen 

Committee undertook this study to 

assess linkages among the 

environmental effects of reactive 

nitrogen and to explore their 

implications for nitrogen research and 

risk management. The study 

recommends a more integrated 

approach to reactive nitrogen research 

and identifies opportunities for 

integrated approaches for nitrogen 

management. Information about the 

work of the SAB Integrated Nitrogen 

Committee is available on the SAB Web 

site at http://yosemite.epa.gov/sab/sab

product.nsf/fedrgstr_activites/

Nitrogen%20Project?OpenDocument. 

(b) SAB Quality Review of the Draft 

Radiation Advisory Committee Report 

on Radiogenic Cancer Risk. The 

chartered Science Advisory Board will 

conduct a quality review of the draft 

report from its Radiation Advisory 

Committee during its teleconference 

scheduled from 1 p.m. until 4 p.m. on 

Thursday, September 24, 2009. EPA’s 

Office of Air and Radiation requested an 

SAB review of a draft document entitled 

EPA Radiogenic Cancer Risk Models 

and Projections for the U.S. Population 

dated December 2008. EPA’s draft 

document discusses a revised approach 

to cancer dose-response assessment for 

radionuclides, based on 

recommendations in the National 

Academies of Science 2005 report on 

Biological Effects of Ionizing Radiation 

(known as the BEIR VII report) as 

modified and expanded for EPA’s 

purposes. At this teleconference, the 

SAB will conduct a quality review of 

the SAB Radiation Advisory 

Committee’s draft advisory on this EPA 

draft document. Information about this 

work of the SAB Radiation Advisory 

Committee is available on the SAB Web 

site at http://yosemite.epa.gov/sab/

sabproduct.nsf/fedrgstr_activites/%E2%

80%9CRevised%20Book%E2%80%9D?

OpenDocument. The SAB will also 

discuss plans for future SAB advisory 

activities. 

Availability of Meeting Materials: The 

agenda and other materials in support of 

these meetings will be placed on the 

SAB Web site at http://www.epa.gov/sab 

in advance of each meeting. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

information for the SAB to consider 

during this teleconference. Oral 

Statements: In general, individuals or 

groups requesting time to make an oral 

presentation at a public SAB 

teleconference will be limited to three 

minutes, with no more than one-half 

hour for all speakers. To be placed on 

the public speakers list for the 

September 23 and September 24, 2009 

teleconferences, interested individuals 

should contact Mr. Thomas Miller, DFO, 

in writing (preferably by e-mail), by 

September 14, 2009 at the contact 

information provided above. Written 

Statements: Written statements relevant 

to the September 23 and September 24, 

2009 teleconferences should be received 

in the SAB Staff Office by September 15, 

2009 so that the information may be 

made available to the SAB for their 

consideration prior to the teleconference 

meeting. Written statements should be 

supplied to the DFO via e-mail to 

miller.tom@epa.gov (acceptable file 

format: Adobe Acrobat PDF, 

WordPerfect, MS Word, MS PowerPoint, 

or Rich Text files in IBM–PC/Windows 

98/2000/XP format). Submitters are 

asked to provide versions of each 

document submitted with and without 

signatures, because the SAB Staff Office 

does not publish documents with 

signatures on its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Mr. Thomas 

Miller at (202) 343–9982, or miller.tom

@epa.gov. To request accommodation of 

a disability, please contact Mr. Miller, 

preferably at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Dated: August 14, 2009. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. E9–20171 Filed 8–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8947–9; EPA–HQ–OEI–2008–0791] 

Type of Action: Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974 (5 U.S.C. 552a), 

EPA’s Office of Pollution Prevention 

and Toxics (OPPT) is providing notice 

of its proposal to amend an existing 

system of records (SOR) by changing the 

title of ‘‘Lead-Based Paint System of 

Records’’ (LPSOR) to the ‘‘Federal Leadbased Paint Program System of Records’’ 

(FLPPSOR). FLPPSOR stores 

information in both electronic and hardcopy formats and contains information 

about individuals who: have applied for 

certification to conduct lead-based paint 

and renovation activities; are students 

taking classes in lead-based paint and 

renovation activities; or have been 

identified to provide training in leadbased paint and renovation activities. 

On April 22, 2008, EPA published the 

Renovation, Repair, and Painting 

Program rule in the Federal Register 

with an effective date of June 23, 2008. 

The Renovation, Repair, and Painting 

rule establishes requirements for 

training renovators and dust-sampling 

technicians; certifying renovators, dustsampling technicians and renovation 

firms; accrediting providers of renovator 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42299 

and dust-sampling technician training; 

and renovation work practices. 

FLPPSOR will contain information 

about individuals who are certified 

inspectors, supervisors, risk assessors, 

project designers, abatement workers, 

renovators and dust-sampling 

technicians. EPA administers the 

certification and accreditation programs 

in States, Tribal areas, and territories 

that do not have EPA’s authorization to 

independently administer such 

programs. EPA is no longer requiring 

individuals to provide their social 

security numbers on application forms 

for certification. 

DATES: Persons wishing to comment on 

this system of records notice 

amendment must do so by September 

30, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

2008–0791, by one of the following 

methods: 

• http://www.regulations.gov.: Follow 

the online instructions for submitting 

comments. 

• E-mail: oei.docket@epa.gov. 

Fax: 202–566–1752. 

• Mail: OEI Docket, Environmental 

Protection Agency, Mail code: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: OEI Docket, EPA/ 

DC, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–2008–0791. 

EPA’s policy is that all comments 

received will be included in the public 

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 

for which disclosure is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. 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 comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center home page at http:// 

www.epa.gov/epahome/dockets.htm. 

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 for which disclosure is 

restricted by statute). Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OEI 

Docket is (202) 566–1745. 

FOR FURTHER INFORMATION CONTACT: 

Robert Wright, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 566–1975; e-mail address: 

wright.robert@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

FLPPSOR contains information about 

individuals who: have applied for 

certification to perform lead-based paint 

and renovation activities; take classes 

on how to perform lead-based paint and 

renovation activities; and/or are 

identified on behalf of firms to provide 

training in lead-based paint and 

renovation activities. In addition, 

FLPPSOR will contain information 

about individuals who: are certified 

renovators or dust sampling technicians; 

are taking renovator or dust-sampling 

technician training classes; or have been 

identified by those firms that are 

accredited by EPA to provide training 

for renovation or dust-sampling 

technician courses. The EPA Federal 

Lead-Based Paint Program system of 

records does not duplicate any existing 

system of records. The system handles 

Privacy Act protected information in the 

same manner regardless of whether the 

information is contained in electronic or 

hard-copy form. Access to the system is 

restricted to authorized users and will 

be maintained in a secure, passwordprotected computer system, in secure 

areas and buildings with physical access 

controls and environmental controls. 

The system is maintained by EPA’s 

Office of Pollution Prevention and 

Toxics. 

Dated: July 25, 2009. 

Linda A. Travers, 

Acting Assistant Administrator and Chief 

Information Officer. 

EPA–54 

SYSTEM NAME: 

Federal Lead-Based Paint Program 

System of Records (FLPPSOR). 

SYSTEM LOCATION: 

Records maintained in FLPPSOR are 

stored in electronic and hard-copy 

formats at Research Triangle Park (RTP), 

NC, EPA regional offices and the 

Federal program contractor’s office. In 

addition: 

(1) The main system is located at 

EPA’s National Computer Center (NCC) 

in Research Triangle Park (RTP), North 

Carolina. This database contains 

information entered from some of the 

primary sources listed below under 

‘‘Categories of Records in the System’’ 

(submitted form and notifications). 

(2) Hard-copy files are located in EPA 

regional offices and the facility operated 

by EPA’s Federal program contractor’s 

office. These records include the 

original or photocopied paper 

submissions (including supplementary 

information) provided to the Agency. 

Though similar in file content, the hardcopy collections maintained by the EPA 

contractor may differ from those 

maintained by the applicable regional 

office. 

(3) EPA regional offices have 

developed electronic systems for their 

local uses. These electronic records are 

maintained separate from the main 

central server at RTP and are used solely 

by the regional offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered by the system 

include those who have applied for 

certification to perform lead-based paint 

and renovation activities in the 

following disciplines: inspectors, 


srobinson on DSKHWCL6B1PROD with NOTICES
42300 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 

supervisors, risk assessors, project 

designers, abatement workers, 

renovators, and dust-sampling 

technicians. Certified inspectors, 

supervisors, risk assessors, project 

designers, and abatement workers may 

be listed on EPA’s Lead home page in 

the future. All renovators and dustsampling technicians will be listed on 

EPA’s Lead home page. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

FLPPSOR contains individuals’ 

names, home addresses, telephone 

numbers, dates of birth, work-related 

information, signatures, course test 

scores, submitted fees, and certificate 

numbers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

40 CFR Part 745 Lead—Requirements 

for Lead-Based Paint Activities in Target 

Housing and Child-Occupied Facilities 

and 40 CFR Part 745 Lead—Renovation, 

Repair, and Painting Program. 

PURPOSE(S): 

The purpose of FLPPSOR is to 

maintain information submitted to the 

Agency through various documents 

under the Federal Lead-Based Paint 

Program and the Federal Lead-Based 

Paint Renovation, Repair and Painting 

Program. These records include 

application forms, notification forms, 

and various support documents. 

FLPPSOR supports activities integral to 

the program (i.e., issuing certificates and 

badges, analyzing information, 

generating letters and reports, and 

providing information to allow for 

executing various enforcement actions). 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM AND THEIR PURPOSE; CATEGORIES OF

USERS: 

General routine uses are as follows: A, 

B, C, E, F, G, H, I, K, and L. (A detailed 

description of these routine uses can be 

found in the Agency’s System of 

Records Web site at http://www.epa.gov/ 

privacy/notice/general.htm). In 

addition, the following routine uses may 

also apply: 

PROGRAM DISCLOSURE/USER CATEGORIES: 

Consistent with applicable provisions 

of the Privacy Act and the Freedom of 

Information Act (FOIA), the Agency 

may disclose information from 

FLPPSOR to Federal, State, or local 

agencies, present and former employers 

and business and personal associates, 

and hearing officials, as a given 

situation might require, for purposes 

including the following: 

(1) To verify the identity of the 

individual; 

(2) To enforce the conditions or terms 

of the Agency’s Lead-Based Paint 

Program and Lead-Based Paint 

Renovation, Repair and Painting 

Program regulations; 

(3) To investigate possible fraud by, 

for example, applicants and users, and 

verify compliance with Agency LeadBased Paint Program and Lead-Based 

Paint Renovation, Repair and Painting 

Program regulations; 

(4) To prepare for litigation or to 

litigate fee collections and reporting 

enforcement matters; 

(5) To initiate a limitation, 

suspension, and termination (LS&T) or 

debarment action; 

(6) To investigate complaints, update 

files, and correct errors; 

(7) To prepare for alternative dispute 

resolutions (ADR) in any of the cases 

described in paragraphs (2), (3), and (4); 

(8) To engage in audits or other 

internal matters within EPA; 

(9) To contact certified individuals 

and applicants in the event of a system 

modification; or 

(10) To respond to a change to 

FLPPSOR, as in the case of a 

modification, revocation, or termination 

of a user’s access privileges. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, SAFEGUARDING ACCESS, RETAINING, 

AND DISPOSING OF RECORDS IN THE SYSTEM: 

FLPPSOR maintains records on 

individuals derived from a variety of 

sources relating to the undertaking of 

lead-based paint activities; lead-based 

paint renovation, repair and painting 

activities; and training. These record 

sources include the following forms 

submitted to EPA: EPA Form 8500–27, 

‘‘Application and Instructions for Firms 

Applying for Certification of Lead-Based 

Paint and Renovation Activities;’’ EPA 

Form 8500–25, ‘‘Application and 

Instructions for Training Providers 

Applying for Accreditation of LeadBased Paint Activity and Renovation 

Training Programs,’’ and EPA Form 

8500–28, ‘‘Application and Instructions 

for Individuals Applying for 

Certification to Conduct Lead-Based 

Paint Activities.’’ The information 

derived from these forms concerns 

individuals, firms and training 

providers who have applied for 

certification or accreditation in leadbased paint or renovation activities. 

Two record sources include information 

derived from required notifications 

submitted to EPA pursuant to 40 CFR 

Part 745. The first of these latter record 

sources requires firms certified under 40 

CFR 745.226 to provide notification to 

the Agency prior to conducting leadbased paint abatement activities. The 

second of these record sources requires 

training programs accredited under 40 

CFR 745.225 to provide notification to 

the Agency prior to and then following 

conducting lead-based paint abatement 

and renovation, repair and painting 

activities training courses. The data 

derived from these notifications include 

information on individuals who 

supervise lead-based paint abatement 

and prepare the notification to EPA 

prior to doing so or serve as instructors 

for managing other instructors or 

attending training as students of these 

accredited programs. Finally, other 

record sources of information stored in 

the system may include supplementary 

documents obtained by regional offices 

in the application approval process. 

• Storage: Records maintained under 

the FLPPSOR are stored in different 

formats and in several locations. Each of 

these record collections, which together 

comprise the FLPPSOR, must adhere to 

the requirements of the Privacy Act and 

are subject to the rules and restrictions 

for disclosure of information specified 

under the Freedom of Information Act. 

• Retrievability: Records may be 

retrieved by an individual’s name, 

application ID number, applicant ID 

number, or program activity. 

• Safeguards: Physical access to the 

system housed in the facility at RTP is 

controlled by a computerized badgereading system, with security patrols 

during non-business hours. All 

interactions between the system and the 

authorized individual users are 

recorded through use of a card reader 

and tracking database. Paper records 

stored at EPA’s Federal program 

contractor are protected by 

computerized badge-reading security 

systems, with files maintained in locked 

file drawers. Records stored at EPA 

regional offices are secured through 

building security protocols and 

computerized badge-reading systems. 

• Retention and Disposal: EPA will 

retain and dispose of these records in 

accordance with the EPA Records 

Schedule 089 and the National Archives 

and Records Administration General 

Records Schedule 23/8. Application 

records maintained in the system are 

deleted/destroyed two years after the 

date of the last entry. 

SYSTEM MANAGER’S ADDRESS AND TELEPHONE

NUMBER: 

Maria J. Doa, Ph.D., Director, National 

Program Chemicals Division, USEPA, 

Office of Pollution Prevention and 

Toxics, (7404T), 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, (202) 

566–0500. 

NOTIFICATION PROCEDURE: 

Requests to determine whether this 

system of records contains a record 

pertaining to you must be sent to the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42301 

Agency’s Freedom of Information 

Office. The address is: U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Ave., NW., Room 6416 

West; Washington, DC 20460; (202) 

566–1667; E-mail: (hq.foia@epa.gov); 

Attn: Privacy Act Officer. 

RECORD ACCESS PROCEDURES: 

Requesters seeking access to this 

system will be required to provide 

adequate identification (e.g., driver’s 

license, military identification card, 

employee badge or identification card) 

and, if necessary, proof of authority. 

Additional identity verification 

procedures may be required as 

warranted. Requests must meet the 

requirements of EPA regulations at 40 

CFR Part 16. 

CONTESTING RECORDS PROCEDURES: 

If you wish to contest a record in the 

system of records, contact the Agency’s 

Freedom of Information Office as 

described under ‘‘Notification 

Procedure’’ listed above. 

RECORD SOURCE CATEGORIES: 

Information is obtained from 

individuals, firms, and training 

providers who are certified and/or 

accredited to perform lead-based paint 

and renovation activities. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

[FR Doc. E9–20209 Filed 8–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8947–8] 

Notice of Proposed Administrative 

Settlement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(h)(1) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (‘‘CERCLA’’), 42 U.S.C. 

9622(h)(1), notice is hereby given of a 

proposed administrative settlement 

concerning Jones Road Ground Water 

Plume Superfund Site, Houston, Harris 

County, Texas. 

The settlement requires Henry T. T. 

Lucky, Inc., settling party to pay a total 

of $160,000 as payment of response 

costs to the Hazardous Substances 

Superfund. 

For thirty (30) days following the date 

of publication of this notice, the Agency 

will receive written comments relating 

to this notice and will receive written 

comments relating to the settlement. 

The Agency will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

DATES: Comments must be submitted on 

or before September 21, 2009. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. A 

copy of the proposed settlement may be 

obtained from Kenneth Talton, 1445 

Ross Avenue, Dallas, Texas 75202–2733 

or by calling (214) 665–7475. Comments 

should reference the Jones Road Ground 

Water Superfund Site, Houston, Harris 

County, Texas, and EPA Docket Number 

06–13–08, and should be addressed to 

Kenneth Talton at the address listed 

above. 

FOR FURTHER INFORMATION CONTACT: 

George Malone, III, 1445 Ross Avenue, 

Dallas, Texas 75202–2733 or call (214) 

665–8030. 

Dated: August 12, 2009. 

Lawrence C. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–20210 Filed 8–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8947–5] 

Proposed CERCLA Section 122(g) 

Administrative Agreement for De 

Minimis Settlement for the Mercury 

Refining Superfund Site, Towns of 

Guilderland and Colonie, Albany 

County, NY 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 42 

U.S.C. 9622(i), notice is hereby given by 

the U.S. Environmental Protection 

Agency (‘‘EPA’’), Region II, of a 

proposed de minimis administrative 

agreement pursuant to Section 122(g) of 

CERCLA, 42 U.S.C. 9622(g), between 

EPA and two hundred ninety one (291) 

settling parties pertaining to the 

Mercury Refining Superfund Site 

(‘‘Site’’) located in the Towns of 

Guilderland and Colonie, Albany 

County, New York. The settlement 

requires specified individual payments 

by each settling party to the EPA 

Hazardous Substance Superfund 

Mercury Refining Superfund Site 

Special Account, which combined total 

$3,743,361.69. Each settling party’s 

individual settlement amount is 

considered to be that party’s fair share 

of cleanup costs incurred and 

anticipated to be incurred in the future, 

plus a ‘‘premium’’ that accounts for, 

among other things, uncertainties 

associated with the costs of that future 

work at the Site. The settlement 

includes a covenant not to sue pursuant 

to Sections 106 and 107 of CERCLA, 42 

U.S.C. 9606 and 9607, relating to the 

Site, subject to limited reservations, and 

protection from contribution actions or 

claims as provided by Sections 113(f)(2) 

and 122(g)(5) of CERCLA, 42 U.S.C. 

9613(f)(2) and 9622(g)(5). For thirty (30) 

days following the date of publication of 

this notice, EPA will receive written 

comments relating to the settlement. 

EPA will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations that indicate that the 

proposed settlement is inappropriate, 

improper, or inadequate. EPA’s 

response to any comments received will 

be available for public inspection at 

EPA Region II, 290 Broadway, New 

York, New York 10007–1866. 

DATES: Comments must be submitted on 

or before September 21, 2009. 

ADDRESSES: The proposed settlement is 

available for public inspection at EPA 

Region II offices at 290 Broadway, New 

York, New York 10007–1866. Comments 

should reference the Mercury Refining 

Superfund Site, Index No. CERCLA–02– 

2009–2006. To request a copy of the 

proposed settlement agreement, please 

contact the individual identified below. 

FOR FURTHER INFORMATION CONTACT: 

Sharon E. Kivowitz, Assistant Regional 

Counsel, New York/Caribbean 

Superfund Branch, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, 17th Floor, 290 Broadway, New 

York, New York 10007–1866. 

Telephone: 212–637–3183. E–Mail: 

kivowitz.sharon@epa.gov. 


srobinson on DSKHWCL6B1PROD with NOTICES