Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Proposed Rules 19481 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0175; FRL–8897–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; Montclair/ 

West Orange and Glen Ridge Radium 

Superfund Sites; National Priorities 

List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; National 

Priorities List; notice of intent to delete. 

SUMMARY: The Environmental Protection 

Agency (EPA)—Region II is issuing a 

Notice of Intent to Delete the Montclair/ 

West Orange and Glen Ridge Radium 

Superfund Sites located in Montclair, 

West Orange, Glen Ridge, Bloomfield 

and East Orange, New Jersey 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, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). EPA and the 

State of New Jersey, through the 

Department of Environmental 

Protection, have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

May 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2009–0175, by one of the 

following methods: 

• http://www.regulations.gov— 

Follow on-line instructions for 

submitting comments. 

• E-mail: donovan.betsy@epa.gov. 

• Fax: To the attention of Betsy 

Donovan at 212–637–4439. 

• Mail: To the attention of Betsy 

Donovan, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency—Region 2, 290 Broadway, 19th 

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 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–2009– 

0175. 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means that 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. 

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 the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or 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 9 a.m. 

to 5 p.m. 

Montclair Public Library Reference 

Department, 50 South Fullerton 

Avenue, Montclair, New Jersey 07042, 

Phone 973–744–0500. Hours: Monday to 

Thursday 10 a.m. to 9 p.m.; Friday & 

Saturday 10 a.m. to 5 p.m.; and Sunday 

1 p.m. to 5 p.m. 

The Township of West Orange Health 

Department, 66 Main Street, Room 203, 

West Orange, New Jersey 07052, Phone 

973–325–4120. Hours: Monday to 

Friday 8:30 a.m. to 4:30 p.m. 

Glen Ridge Public Library Reference 

Department, 240 Ridgewood Avenue, 

Glen Ridge, New Jersey 07028, Phone 

973–748–5482. Hours: Monday 9 a.m. to 

8 p.m.; Tuesday 9 a.m. to 5 p.m.; 

Wednesday 9 a.m. to 8 p.m.; and 

Thursday, Friday, Saturday 9 a.m. to 5 

p.m. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Betsy Donovan, Remedial Project 

Manager, by mail: Emergency and 

Remedial Response Division, U.S. 

Environmental Protection Agency— 

Region 2, 290 Broadway, 19th Floor, 

New York, NY 10007–1866; (or) 

telephone (212) 637–4369; (or) fax (212) 

637–4439; (or) e-mail 

donovan.betsy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Site Deletion 

I. Introduction 

EPA Region 2 announces its intent to 

delete the Montclair/West Orange and 

Glen Ridge Radium Superfund Sites 

from the National Priorities List (NPL) 

and requests public comment on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR Part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP) that EPA promulgated pursuant 

to Section 105 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) of 1980, as 

amended. EPA maintains the NPL as the 

list of sites that appear to present a 

significant risk to public health, welfare, 

or the environment. Sites on the NPL 

may be the subject of remedial actions 

financed by the Hazardous Substance 

Superfund (Trust Fund or Fund). As 

described in 40 CFR 300.425(e)(3) of the 

NCP, sites deleted from the NPL remain 

eligible for Fund-financed remedial 

actions if future conditions warrant 

such actions. 

EPA will accept comments on the 

proposal to delete this site for thirty (30) 

days after publication of this document 

in the Federal Register. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Montclair/West Orange 

and Glen Ridge Radium Superfund Sites 

and demonstrates how they meet the 

deletion criteria. 


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II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the State, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

EPA may initiate further action to 

ensure continued protectiveness at a 

deleted site if new information becomes 

available that indicates it is appropriate. 

Whenever there is a significant release 

from a site deleted from the NPL, the 

deleted site may be restored to the NPL 

without application of the Hazard 

Ranking System. 

III. Deletion Procedures 

The following procedures apply to 

deletion of these Sites: 

(1) EPA consulted with the State 

before developing this Notice of Intent 

to Delete. 

(2) EPA provided the State with 30 

working days for review of this notice 

prior to publication of it today. 

(3) In accordance with the criteria 

discussed above, EPA has determined 

that no further response is appropriate. 

(4) The State of New Jersey, through 

the Department of Environmental 

Protection, has concurred with the 

proposed deletion of the Sites from the 

NPL. 

(5) Concurrently with the publication 

of this Notice of Intent to Delete in the 

Federal Register, notices are being 

published in major local newspapers, 

The Montclair Times, The West Orange 

Chronicle, The Glen Ridge Paper, 

Bloomfield Life, and East Orange 

Record. The newspaper notices 

announce the 30-day public comment 

period concerning the Notice of Intent 

to Delete the Sites from the NPL. 

(6) EPA placed copies of documents 

supporting the proposed deletion in the 

deletion docket and made these items 

available for public inspection and 

copying at the information repositories 

for the Sites identified above. 

If comments are received within the 

30-day public comment period on this 

document, EPA will evaluate and 

respond appropriately to the comments 

before making a final decision to delete. 

If necessary, EPA will prepare a 

Responsiveness Summary to address 

any significant public comments 

received. After the public comment 

period, if EPA determines it is still 

appropriate to delete the Sites, the 

Regional Administrator will publish a 

final Notice of Deletion in the Federal 

Register. Public notices, public 

submissions and copies of the 

Responsiveness Summary, if prepared, 

will be made available to interested 

parties and in the site information 

repositories listed above. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that deletion of a site 

from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Intended Site Deletion 

The following information provides 

EPA’s rationale for deleting these Sites 

from the NPL: 

A. Site Background and History 

The Montclair/West Orange Radium 

Superfund Site, CERCLIS ID Number 

NJD980785653, and the Glen Ridge 

Radium Superfund Site, CERCLIS ID 

Number NJD980785646, are located in 

Montclair, West Orange, Glen Ridge, 

Bloomfield and East Orange, Essex 

County, New Jersey. 

The Montclair/West Orange and Glen 

Ridge Radium Sites are identified as two 

Sites on the Superfund National 

Priorities List (NPL). Although listed 

separately on the NPL, the two Sites are 

addressed jointly due to their 

geographic proximity and similar 

characteristics. The two Sites include 

three non-contiguous areas located in 

five residential communities of 

suburban Essex County in northeastern 

New Jersey, about 12 miles west of New 

York City. The Sites cover a total area 

of approximately 250 acres and include 

900 residential and 24 municipal 

properties. Municipal properties are 

areas such as city streets, lots and parks. 

Radium research and the radium 

products industry were prevalent in 

northern New Jersey from the early 

1900s to the late 1920s. Radium was 

used to destroy cancerous tissue and as 

a pigment in luminous paint on wrist 

watch dials, gun sights, survey 

equipment, and instrument panels for 

airplanes and submarines. 

The U.S. Radium Corporation, 

formerly known as the Radium 

Luminous Material Corporation, 

operated a facility in Orange, New 

Jersey from 1915 through 1926. The 

main activity at the facility involved the 

extraction and purification of radium 

from carnotite ore. At its peak, up to two 

tons of ore per day were processed at 

the plant. The extraction process 

removed about 85 percent of the 

radium. Because it was not 

economically feasible to remove all of 

the radium, the ore processing wastes 

contained residual amounts of radium 

and other radiological contaminants. 

Each ton of ore yielded five to seven 

milligrams of radium, which is a 

quantity no bigger than an average grain 

of sand. Consequently, a large volume of 

process wastes, or tailings, containing 

residual radioactive materials were 

generated and dumped in undeveloped, 

low-lying and marshy areas. 

The Montclair/West Orange and Glen 

Ridge Sites were originally identified in 

1979 by the New Jersey Department of 

Environmental Protection (NJDEP) as 

part of a program to investigate former 

radium processing facilities in the State. 

It was recognized that radioactive ore 

processing wastes could have been 

disposed at locations distant from the 

ore processing facilities. 

In 1981, NJDEP requested that EPA 

conduct an aerial gamma radiation 

survey of a 12-square-mile area 

surrounding a former ore processing 

facility in Essex County. The EPA 

survey identified a number of locations 

with elevated levels of gamma radiation 

in Montclair and Glen Ridge, as well as 

the former U.S. Radium processing 

facility in nearby Orange, New Jersey, 

which is being addressed as a separate 

NPL site. The two Sites were proposed 

for inclusion on the NPL in October 

1984 (49 FR 40320), and were formally 

added in February 1985 (50 FR 6320) in 

a special listing process. 

On December 6, 1983, the Centers for 

Disease Control (CDC) issued a health 

advisory recommending immediate 

action to reduce the human health risks 

at the Sites. In response, EPA installed 

radon mitigation systems to reduce 

indoor radon gas concentrations in 

homes where radon measurements 

exceeded the recommended levels. 

Shielding (e.g., lead) was also installed 

in areas with excessive gamma radiation 

measurements to reduce potential 

exposures. The systems and shielding 

were installed as temporary measures 


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until a soil cleanup program could be 

implemented to permanently remove 

the source of the radon gas and gamma 

radiation. 

B. Remedial Investigation and 

Feasibility Study 

In 1983, follow-up ground 

investigations were conducted in the 

areas exhibiting elevated surface gamma 

radiation as identified by the 1981 aerial 

survey. Investigations found that the 

soil was contaminated primarily with 

radionuclides in the uranium decay 

chain, including isotopes of radium, 

thorium, uranium and lead. The main 

radionuclide of concern was radium226, because its radioactive decay can 

cause elevated indoor concentrations of 

radon gas and radon decay products. 

Radon monitoring in the study areas 

found many homes with radon gas 

above the recommended action level. In 

addition, some properties exhibited 

elevated levels of indoor and outdoor 

gamma radiation. Radionuclides are 

known human carcinogens. Long-term 

exposure to indoor radon and gamma 

radiation posed the major health threats 

at the Sites. 

In May 1984, EPA and NJDEP jointly 

planned a pilot study to evaluate the 

feasibility of excavation and off-site 

disposal of the radium-contaminated 

soil. Twelve properties with varying 

degrees of contamination were selected 

for the pilot study and preliminary 

engineering assessments were prepared. 

In November 1984, EPA decided to 

forego the pilot study and instead began 

a comprehensive remedial investigation 

and feasibility study (RI/FS) to 

determine the nature and extent of the 

contamination and to identify cleanup 

alternatives. NJDEP proceeded with the 

pilot cleanup project on its own and 

began to excavate contaminated soil in 

June 1985. Nevada revoked the waste 

disposal permit, stranding thousands of 

drums and stalling cleanup at several 

properties, while other disposal 

solutions were identified, and a lawsuit 

over the permit revocation went to the 

U.S. Supreme Court. Eventually, all 

drums were disposed at licensed 

facilities in late 1988. The pilot study 

demonstrated that excavation of the 

contaminated soil was a feasible 

remedial action, but that transportation 

and disposal of the contaminated 

material would make excavation and 

off-site disposal a very tenuous cleanup 

approach. 

The initial RI/FS report was released 

in September 1985 and during a 

November 1985 public meeting, EPA 

identified excavation of the 

contaminated soil along with off-site 

disposal as the preferred cleanup 

solution. However, the lack of a disposal 

facility and transportation uncertainties, 

as demonstrated by NJDEP’s pilot study, 

would likely delay the implementation 

of such a remedy. This led EPA to 

initiate a supplemental feasibility study 

in March 1987 to research other cleanup 

alternatives, including additional 

interim measures. The supplemental 

feasibility study and proposed plan 

were made available to the public in 

April 1989. 

Groundwater at the Sites was 

investigated; a June 2005 focused 

feasibility study was undertaken after 

the majority of the soil cleanup work 

had been completed. Investigation data 

and other studies indicated that any 

site-related impacts to the groundwater 

had been removed by the extensive soil 

cleanup effort and that groundwater 

quality at the Sites was comparable to 

background for the area. 

C. Selected Remedy 

Records of Decision (RODs) (one for 

each NPL site) were signed on June 30, 

1989. These initial RODs selected a 

permanent remedy consisting of full 

excavation and off-site disposal for 

residential properties with the most 

extensive contamination and provided 

an interim solution (i.e., limited 

excavation, engineering/institutional 

controls) for other properties where 

radon gas or indoor gamma radiation 

levels exceeded health guidelines. EPA 

made the decision to begin excavation 

of contaminated soil after a disposal 

facility that could accept a large 

quantity of radiological waste became 

available in 1990. 

The subsequent remedy selected in 

the 1990 RODs (one for each NPL site) 

provided a permanent solution for the 

radium-contaminated soil at all 

properties (residential and municipal) 

and included the excavation of all soil 

exceeding the cleanup criteria. The 

remedy also called for environmental 

monitoring, as necessary, to ensure its 

effectiveness. 

The remedial action objective was to 

reduce, to the lowest practical levels, 

the existing public health threats posed 

by indoor radon and radon decay 

product concentrations, indoor and 

outdoor gamma radiation levels, and the 

inhalation or ingestion of radiumcontaminated materials. Construction 

activities were undertaken via a series of 

remedial action and disposal contracts 

awarded by the U.S. Army Corps of 

Engineers and funded by the EPA 

Superfund Trust Fund with a 10-percent 

share provided by the State of New 

Jersey. 

The September 2005 RODs (one for 

each NPL site) for groundwater called 

for no action, based on investigation 

data and other studies indicating that 

any site-related impacts to the 

groundwater have been removed by the 

extensive soil remedial action and that 

groundwater quality at the Sites was 

comparable to background for the area. 

Public water is available in all five 

communities and there is no known use 

of the groundwater as a drinking water 

source at the present time. Risks 

associated with use of the site 

groundwater are in the same range as 

those estimated for groundwater 

regionally and are not related to the 

CERCLA releases, which have been 

addressed under the soil cleanup. 

D. Response Actions 

Architectural and engineering (A/E) 

firms under contract with the U.S. Army 

Corps of Engineers prepared designs for 

all cleanup work. Remedial designs 

were based on soil investigation data, 

consisting of samples collected and 

analyzed from boreholes. Four-inch 

diameter boreholes were typically 

augered by hand; samples were 

collected at six-inch intervals down to 

sixteen feet or more below the surface, 

where native soils were encountered. 

These sample results were used to plot 

the areas to be excavated to accomplish 

removal of the contaminated material. 

Primary excavation areas were designed 

to facilitate the removal of material that 

exceeded the cleanup criteria. 

Secondary excavation areas were 

designed to indicate where additional 

excavation might be required, due to the 

proximity of contamination, the 

presence of man-made fill material, or 

the presence of material exhibiting 

marginal concentrations below the 

cleanup criteria. Other project support 

services such as the maintenance of a 

field office compound, on-site quick 

count laboratory, verification sampling, 

data reporting, property status tracking, 

and structural assessments were 

included in the remedial design 

contract. Designs were prepared with 

civil survey data and detailed 

inventories of existing landscape and 

structural features on each property, as 

a reference for the post-excavation 

restoration. 

Construction was completed in 

phases and included 340 residential and 

16 municipal properties. The cleanup 

and restoration work on each individual 

property typically took from six to nine 

months to complete. The EPA soil 

cleanup effort took approximately 14 

years to complete (1990 to 2004). About 

100 families were temporarily relocated 

when the construction work (sub-slab 

excavation, utility disruptions, no 

access to dwelling, etc.) precluded safe 


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occupancy of the homes. Perimeter and 

on-site air monitoring was conducted 

for dust, radionuclides, and organic 

vapors during construction. Primary soil 

excavation was carried out according to 

the remedial design drawings and 

followed by confirmatory sampling per 

the project specifications. Secondary 

excavation was undertaken, by approval 

of EPA, if contamination was found 

beyond the limits of the primary 

excavation areas. Contaminated soil and 

debris were removed from each property 

by heavy equipment and loaded into 

containers. At residential properties 

with contamination beneath the 

basement slab, the material was 

removed by vacuum truck and then 

loaded into containers for transport. A 

majority of the contaminated material 

was transported by 28-cubic yard 

intermodal containers. Intermodal 

containers allowed transport by truck 

and rail without the need to handle the 

waste numerous times. Once the soil 

and debris were loaded, the containers 

were sealed and waste shipping 

manifests prepared. Containers were 

trucked to a transloading facility in 

Newark, New Jersey. After inspection, 

the containers were loaded onto railcars 

for transport to regulated and approved 

disposal facilities. 

Disposal facilities were selected 

utilizing the U.S. Army Corps of 

Engineers—Kansas City District’s preplaced radiological disposal contracts. 

Radiological contaminated materials 

were disposed at Envirocare of Utah, 

Inc., located in Clive, Utah, and at U.S. 

Ecology Idaho, Inc., located in 

Grandview, Idaho. 

Excavated areas were sampled to 

ensure that the contamination had been 

removed. After completion of the 

testing, the excavated areas were 

backfilled with clean fill material. 

Proposed backfill sources were tested to 

ensure they did not exceed the 

remediation goals and met the contract 

specifications. The backfill and topsoil 

were sampled at least every 5,000 cubic 

yards for radium, gamma radiation, 

EPA’s target analyte list for metals, and 

EPA’s target analyte compound list for 

volatile organic compounds. Properties 

were restored to pre-construction 

conditions with in-kind replacements or 

repairs to property damaged during 

excavation of contamination, including 

sidewalks, driveways, garages, decks, 

steps, porches, basement interiors, 

landscaping, fences, etc. All properties 

were restored in accordance with the 

contract restoration plans and 

landscaping specifications, as nearly as 

possible to their original conditions. 

Since hazardous substances do not 

remain at the Montclair/West Orange 

and Glen Ridge Superfund Sites above 

health based levels for unrestricted use, 

there is no operation and maintenance 

or five-year review activities required. 

E. Cleanup Goals 

Health-based cleanup goals were 

identified in the RODs or subsequent 

documents and guidance, as follows: 

radon—4 picoCuries per liter (pCi/l); 

radon decay products—0.2 Working 

Levels (WL); gamma radiation rate—20 

microRoentgens per hour (μR/hr); 

radium in soil 5—picoCuries per gram 

(pCi/g); radium-226 + thorum-232 ≤ 7 

pCi/g in soil. 

Two independent companies, the 

remedial action contractor and the A/E 

firm, sampled excavated areas to ensure 

that the contamination had been 

removed and cleanup goals were 

achieved. Year-long radon tests were 

performed at each residential property 

following the soil cleanup work to 

confirm that radon source material had 

been removed. All property owners 

received a final data package with postexcavation testing results for their 

records. In addition, the five 

municipalities received information for 

all properties included in the project 

areas for their records. 

F. Community Involvement 

Public availability sessions and public 

meetings for the local community and 

government officials were held 

throughout the project. EPA, the U.S. 

Army Corps of Engineers and the 

remedial action contractor provided 

written notices and updates involving 

work schedules and activities on a 

continuous basis for the immediate 

neighborhood and town officials. EPA 

also established a field office in close 

proximity to the Sites in Montclair, 

where project management and 

community involvement staff were 

located for nearly twenty years while 

directing and overseeing the cleanup. 

G. Determination That Sites Meet 

Criteria for Deletion in the NCP 

In accordance with the NCP at 40 CFR 

300.425(e)(1)(ii), EPA and the State of 

New Jersey have determined that all 

appropriate Fund-financed response 

actions under CERCLA has been 

implemented at the Sites, and no further 

response action by responsible parties is 

appropriate. By letters February 19, 

2009, from Irene Kropp, Assistant 

Commissioner of the NJDEP, the State 

concurred with the proposed deletion of 

the Sites from the NPL. Therefore, EPA, 

with the concurrence of the State of 

New Jersey, is proposing the deletion of 

the Sites from the NPL. While EPA and 

the State of New Jersey have determined 

that the Sites do not require further 

response, the Sites do remain eligible 

for further Fund-financed remedial 

action should future conditions warrant 

such action. 

All of the completion requirements 

for the Sites have been met as described 

in the Superfund Final Close-Out 

Report, dated January 26, 2009. 

Documents supporting this action are 

available in the Sites files and deletion 

docket. 

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: April 14, 2009. 

George Pavlou, 

Acting Regional Administrator, EPA—Region 

2. 

[FR Doc. E9–9648 Filed 4–28–09; 8:45 am] 

BILLING CODE 6560–50–P 


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