Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs, 28443-28444 [E9-14114]
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Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations
[FR Doc. E9–13990 Filed 6–15–09; 8:45 am]
BILLING CODE 4910–22–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 35
[EPA–HQ–SFUND–2009–0144; FRL–8919–3]
RIN 2050–AG53
Inclusion of CERCLA Section 128(a)
State Response Programs and Tribal
Response Programs
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This final rule revises
regulations to include State Response
Programs and Tribal Response Programs
under Section 128(a) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) as among the
Environmental Program Grants eligible
for inclusion in a Performance
Partnership Grant (PPG). The rule also
adds State Response Program and Tribal
Response Program specific provisions.
DATES: This rule is effective on June 16,
2009.
ADDRESSES: The mailing address of the
Office of Brownfields and Land
Revitalization, Office of Solid Waste and
Emergency Response, is U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., MC 5105T,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: For
general information contact the U.S.
EPA’s Virginia Fornillo, Office of Solid
Waste and Emergency Response, Office
of Brownfields and Land Revitalization,
at (202) 566–2770
(fornillo.virginia@epa.gov), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460–0002, Mail Code
5105T.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PRODPC61 with RULES
I. Background
State Response Program Grants and
Tribal Response Program Grants,
authorized under Section 128(a) of
CERCLA, are awarded to States and
Tribes to establish or enhance the
response program of the State or Tribe;
capitalize a revolving loan fund for
Brownfield remediation under section
104(k)(3); or purchase insurance or
develop a risk sharing pool, an
indemnity pool, or insurance
mechanism to provide financing for
response actions under a State or Tribal
VerDate Nov<24>2008
15:01 Jun 15, 2009
Jkt 217001
response program. Public Law 104–134
authorizes EPA to combine State and
Tribal Assistance Grant (STAG)
‘‘categorical’’ program grant funds into
PPGs. The CERCLA 128(a) State and
Tribal Response program grants are
funded from STAG categorical
appropriations and are eligible for
inclusion under 40 CFR 35.133 and
35.533 in a PPG. On August 20, 2004,
EPA implemented a pilot program
authorizing EPA Regional Offices to add
CERCLA 128(a) State and Tribal Grant
program funds into PPGs for one state
and one tribe in each region (69 FR
51756).
II. This Action
The intent of this action is to include
CERCLA 128(a) grants in the list of
grants eligible to be included in a
Performance Partnership Grant (PPG).
Consistent with current Agency
guidance on using CERCLA 128 funds,
EPA has determined that funds awarded
to states and tribes under CERCLA
128(a)(1)(B)(ii) to capitalize a revolving
loan fund for Brownfield remediation
under section 104(k)(3); or purchase
insurance or develop a risk sharing
pool, an indemnity pool, or insurance
mechanism to provide financing for
response actions under a State or Tribal
response program are not eligible for
inclusion in PPGs. EPA’s regulations
implementing PPGs are found at 40 CFR
35.101, 40 CFR 35.130–35.138, 40 CFR
35.501 and 40 CFR 35.530–35.538. This
rule amends these regulations to include
State Response Programs Section
CERCLA 128(a) under Title 40 Part 35
Subpart A and Tribal Response
Programs Section CERCLA 128(a) under
Title 40 Part 35, Subpart B as a PPG
eligible grant program. The rule also
adds State Response Program and Tribal
Response Program specific provisions to
40 CFR Part 35, Subparts A and B.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to OMB review.
Because this grant action is not subject
to notice and comment requirements
under the Administrative Procedures
Act or any other statute, it is not subject
to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) or Sections 202 and
205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104–4). In
addition, this action does not
significantly or uniquely affect small
governments. Although this action does
not generally create new binding legal
requirements, where it does, such
requirements do not substantially and
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
28443
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). Although this grant action does
not have significant Federalism
implications under Executive Order
13132 (64 FR 43255, August 10, 1999),
EPA consulted with states in the
development of these grant guidelines.
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because this is not an
economically significant regulatory
action as defined by Executive Order
12866, and this action does not address
environmental health or safety risks
disproportionately affecting children.
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001), because it is
not a significant regulatory action under
Executive Order 12866. This action does
not involve technical standards; thus,
the requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This action does
not entail special considerations of
environmental justice related issues as
delineated by Executive Order 12898
(59 FR 7629, February 16, 1994). The
Congressional Review Act, 5 U.S.C. 801
et seq., generally provides that before
certain actions may take effect, the
agency promulgating the action must
submit a report, which includes a copy
of the action, to each House of the
Congress and to the Comptroller General
of the United States. Since this grant
action, when finalized, will contain
legally binding requirements, it is
subject to the Congressional Review Act,
and EPA will submit its final action in
its report to Congress under the Act.
List of Subjects in 40 CFR Part 35
Environmental protection, Air
pollution control, Grant programs—
environmental protection, Grant
programs—Indians, Indians,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: June 9, 2009.
Lisa P. Jackson,
Administrator.
EPA amends 40 CFR Part 35 as
follows:
■
PART 35—STATE AND LOCAL
ASSISTANCE—[AMENDED]
1. The authority citation for part 35,
subpart A continues to read as follows:
■
E:\FR\FM\16JNR1.SGM
16JNR1
28444
Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C.
1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C.
6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.
2601 et seq.; 42 U.S.C. 13101 et seq.; Public
Law 104–134, 110 Stat. 1321, 1321–299
(1996); Public Law 105–65, 111 Stat. 1344,
1373 (1997); 5. 105–276, 112 Stat. 2461, 2499
(1988).
Subpart A—[Amended]
2. Amend § 35.101 by adding
paragraph (a)(20) to read as follows:
■
§ 35.420
§ 35.101 Environmental programs covered
by the subpart.
(a) * * *
(20) State Response Program Grants
(section 128(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)).
*
*
*
*
*
■ 3. Section 35.133 is amended by
revising paragraph (a) to read as follows:
§ 35.133
Programs eligible for inclusion.
(a) Eligible programs. Except as
provided in paragraph (b) of this
section, the environmental programs
eligible, in accordance with
appropriation acts, for inclusion in a
Performance Partnership Grant are
listed in § 35.101(a)(2) through (17) and
(20). (Funds available from the section
205(g) State Administration Grants
program (§ 35.100(b)(18)) and the Water
Quality Management Planning Grant
program (§ 35.100(b)(19)) and funds
awarded to states under State Response
Program Grants (§ 35.100(b)(20)) to
capitalize a revolving loan fund for
Brownfield remediation or purchase
insurance or develop a risk sharing
pool, an indemnity pool, or insurance
mechanism to provide financing for
response actions may not be included in
Performance Partnership Grants.)
*
*
*
*
*
■ 4. Subpart A is amended by adding an
undesignated center heading and
§§ 35.419, 35.420 and 35.421 to read as
follows:
Subpart A—[Amended]
State Response Program Grants
(CERCLA Section 128(A))
cprice-sewell on PRODPC61 with RULES
§ 35.419
Purpose.
(a) Purpose of section. Sections 35.419
through 35.421 govern State Response
Program Grants (as defined in section
128(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)).
(b) Purpose of program. State
Response Program Grants are awarded
to States to establish or enhance the
VerDate Nov<24>2008
15:01 Jun 15, 2009
Jkt 217001
response program of the State; capitalize
a revolving loan fund for Brownfield
remediation under section 104(k)(3) of
CERCLA; or purchase insurance or
develop a risk sharing pool, an
indemnity pool, or insurance
mechanism to provide financing for
response actions under a State response
program.
Basis for allotment.
The Administrator allots response
program funds to each EPA regional
office. Regional Administrators award
funds to States based on their
programmatic needs and applicable EPA
guidance.
§ 35.421
Maximum federal share.
The Regional Administrator may
provide up to 100 percent of the
approved work plan costs with the
exception of the cost shares required by
CERCLA 104(k)(9)(B)(iii) for
capitalization of revolving loan funds
under CERCLA 104(k)(3).
5. Amend § 35.501 by adding
paragraph (a)(10) to read as follows:
■
§ 35.501 Environmental programs covered
by the subpart.
Subpart B—[Amended]
Tribal Response Program Grants
(CERCLA Section 128(A))
§ 35.736
Purpose.
(a) Purpose of section. Sections 35.736
through 35.738 govern Tribal Response
Program Grants (as defined in section
128(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)).
(b) Purpose of program. Tribal
Response Program Grants are awarded
to Tribes to establish or enhance the
response program of the Tribe;
capitalize a revolving loan fund for
brownfield remediation under section
104(k)(3) of CERCLA; or purchase
insurance or develop a risk sharing
pool, an indemnity pool, or insurance
mechanism to provide financing for
response actions under a Tribal
response program.
§ 35.737
Basis for allotment.
The Administrator allots response
program funds to each EPA regional
office. Regional Administrators award
funds to Tribes based on their
programmatic needs and applicable EPA
guidance.
(a) * * *
(10) Tribal Response Program Grants
(section 128(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)).
*
*
*
*
*
§ 35.738
6. Section 35.533 is amended by
revising paragraph (a) to read as follows:
[FR Doc. E9–14114 Filed 6–15–09; 8:45 am]
■
§ 35.533
BILLING CODE 6560–50–P
Programs eligible for inclusion.
(a) Eligible programs. Except as
provided in paragraph (b) of this
section, the environmental programs
eligible for inclusion in a Performance
Partnership Grant are listed in
§ 35.101(a)(2) through (10) of this
subpart. Funds awarded to tribes under
Tribal Response Program Grants
(§ 35.101(a)(10)) to capitalize a revolving
loan fund for Brownfield remediation or
purchase insurance or develop a risk
sharing pool, an indemnity pool, or
insurance mechanism to provide
financing for response actions may not
be included in Performance Partnership
Grants.
*
*
*
*
*
7. Subpart B is amended by adding a
new undesignated center heading and
§§ 35.736, 35.737 and 35.738 to read as
follows:
■
PO 00000
Maximum federal share.
The Regional Administrator may
provide up to 100 percent of the
approved work plan costs with the
exception of the cost shares required by
CERCLA 104(k)(9)(B)(iii) for
capitalization of revolving loan funds
under CERCLA 104(k)(3).
Frm 00006
Fmt 4700
Sfmt 4700
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0287; FRL–8918–2]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Northern Virginia Reasonably
Available Control Technology Under
the 8-Hour Ozone National Ambient Air
Quality Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This SIP revision consists of a
demonstration that the Virginia portion
(Cities of Alexandria, Fairfax, Falls
Church, Manassas, and Manassas Park;
E:\FR\FM\16JNR1.SGM
16JNR1
]]>Agencies
[Federal Register Volume 74, Number 114 (Tuesday, June 16, 2009)]
[Rules and Regulations]
[Pages 28443-28444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14114]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 35
[EPA-HQ-SFUND-2009-0144; FRL-8919-3]
RIN 2050-AG53
Inclusion of CERCLA Section 128(a) State Response Programs and
Tribal Response Programs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises regulations to include State Response
Programs and Tribal Response Programs under Section 128(a) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) as among the Environmental Program Grants eligible for
inclusion in a Performance Partnership Grant (PPG). The rule also adds
State Response Program and Tribal Response Program specific provisions.
DATES: This rule is effective on June 16, 2009.
ADDRESSES: The mailing address of the Office of Brownfields and Land
Revitalization, Office of Solid Waste and Emergency Response, is U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., MC
5105T, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: For general information contact the
U.S. EPA's Virginia Fornillo, Office of Solid Waste and Emergency
Response, Office of Brownfields and Land Revitalization, at (202) 566-
2770 (fornillo.virginia@epa.gov), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002, Mail Code
5105T.
SUPPLEMENTARY INFORMATION:
I. Background
State Response Program Grants and Tribal Response Program Grants,
authorized under Section 128(a) of CERCLA, are awarded to States and
Tribes to establish or enhance the response program of the State or
Tribe; capitalize a revolving loan fund for Brownfield remediation
under section 104(k)(3); or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a State or Tribal response
program. Public Law 104-134 authorizes EPA to combine State and Tribal
Assistance Grant (STAG) ``categorical'' program grant funds into PPGs.
The CERCLA 128(a) State and Tribal Response program grants are funded
from STAG categorical appropriations and are eligible for inclusion
under 40 CFR 35.133 and 35.533 in a PPG. On August 20, 2004, EPA
implemented a pilot program authorizing EPA Regional Offices to add
CERCLA 128(a) State and Tribal Grant program funds into PPGs for one
state and one tribe in each region (69 FR 51756).
II. This Action
The intent of this action is to include CERCLA 128(a) grants in the
list of grants eligible to be included in a Performance Partnership
Grant (PPG). Consistent with current Agency guidance on using CERCLA
128 funds, EPA has determined that funds awarded to states and tribes
under CERCLA 128(a)(1)(B)(ii) to capitalize a revolving loan fund for
Brownfield remediation under section 104(k)(3); or purchase insurance
or develop a risk sharing pool, an indemnity pool, or insurance
mechanism to provide financing for response actions under a State or
Tribal response program are not eligible for inclusion in PPGs. EPA's
regulations implementing PPGs are found at 40 CFR 35.101, 40 CFR
35.130-35.138, 40 CFR 35.501 and 40 CFR 35.530-35.538. This rule amends
these regulations to include State Response Programs Section CERCLA
128(a) under Title 40 Part 35 Subpart A and Tribal Response Programs
Section CERCLA 128(a) under Title 40 Part 35, Subpart B as a PPG
eligible grant program. The rule also adds State Response Program and
Tribal Response Program specific provisions to 40 CFR Part 35, Subparts
A and B.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
Although this action does not generally create new binding legal
requirements, where it does, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Although this grant action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999), EPA consulted with states in the development of these
grant guidelines. This action is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children. This action is not subject to
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards; thus, the requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). This action does not entail special considerations of
environmental justice related issues as delineated by Executive Order
12898 (59 FR 7629, February 16, 1994). The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides that before certain actions may
take effect, the agency promulgating the action must submit a report,
which includes a copy of the action, to each House of the Congress and
to the Comptroller General of the United States. Since this grant
action, when finalized, will contain legally binding requirements, it
is subject to the Congressional Review Act, and EPA will submit its
final action in its report to Congress under the Act.
List of Subjects in 40 CFR Part 35
Environmental protection, Air pollution control, Grant programs--
environmental protection, Grant programs--Indians, Indians,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: June 9, 2009.
Lisa P. Jackson,
Administrator.
0
EPA amends 40 CFR Part 35 as follows:
PART 35--STATE AND LOCAL ASSISTANCE--[AMENDED]
0
1. The authority citation for part 35, subpart A continues to read as
follows:
[[Page 28444]]
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42
U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.;
15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Public Law 104-134,
110 Stat. 1321, 1321-299 (1996); Public Law 105-65, 111 Stat. 1344,
1373 (1997); 5. 105-276, 112 Stat. 2461, 2499 (1988).
Subpart A--[Amended]
0
2. Amend Sec. 35.101 by adding paragraph (a)(20) to read as follows:
Sec. 35.101 Environmental programs covered by the subpart.
(a) * * *
(20) State Response Program Grants (section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
* * * * *
0
3. Section 35.133 is amended by revising paragraph (a) to read as
follows:
Sec. 35.133 Programs eligible for inclusion.
(a) Eligible programs. Except as provided in paragraph (b) of this
section, the environmental programs eligible, in accordance with
appropriation acts, for inclusion in a Performance Partnership Grant
are listed in Sec. 35.101(a)(2) through (17) and (20). (Funds
available from the section 205(g) State Administration Grants program
(Sec. 35.100(b)(18)) and the Water Quality Management Planning Grant
program (Sec. 35.100(b)(19)) and funds awarded to states under State
Response Program Grants (Sec. 35.100(b)(20)) to capitalize a revolving
loan fund for Brownfield remediation or purchase insurance or develop a
risk sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions may not be included in Performance
Partnership Grants.)
* * * * *
0
4. Subpart A is amended by adding an undesignated center heading and
Sec. Sec. 35.419, 35.420 and 35.421 to read as follows:
Subpart A--[Amended]
State Response Program Grants (CERCLA Section 128(A))
Sec. 35.419 Purpose.
(a) Purpose of section. Sections 35.419 through 35.421 govern State
Response Program Grants (as defined in section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
(b) Purpose of program. State Response Program Grants are awarded
to States to establish or enhance the response program of the State;
capitalize a revolving loan fund for Brownfield remediation under
section 104(k)(3) of CERCLA; or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a State response program.
Sec. 35.420 Basis for allotment.
The Administrator allots response program funds to each EPA
regional office. Regional Administrators award funds to States based on
their programmatic needs and applicable EPA guidance.
Sec. 35.421 Maximum federal share.
The Regional Administrator may provide up to 100 percent of the
approved work plan costs with the exception of the cost shares required
by CERCLA 104(k)(9)(B)(iii) for capitalization of revolving loan funds
under CERCLA 104(k)(3).
0
5. Amend Sec. 35.501 by adding paragraph (a)(10) to read as follows:
Sec. 35.501 Environmental programs covered by the subpart.
(a) * * *
(10) Tribal Response Program Grants (section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
* * * * *
0
6. Section 35.533 is amended by revising paragraph (a) to read as
follows:
Sec. 35.533 Programs eligible for inclusion.
(a) Eligible programs. Except as provided in paragraph (b) of this
section, the environmental programs eligible for inclusion in a
Performance Partnership Grant are listed in Sec. 35.101(a)(2) through
(10) of this subpart. Funds awarded to tribes under Tribal Response
Program Grants (Sec. 35.101(a)(10)) to capitalize a revolving loan
fund for Brownfield remediation or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions may not be included in Performance
Partnership Grants.
* * * * *
0
7. Subpart B is amended by adding a new undesignated center heading and
Sec. Sec. 35.736, 35.737 and 35.738 to read as follows:
Subpart B--[Amended]
Tribal Response Program Grants (CERCLA Section 128(A))
Sec. 35.736 Purpose.
(a) Purpose of section. Sections 35.736 through 35.738 govern
Tribal Response Program Grants (as defined in section 128(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)).
(b) Purpose of program. Tribal Response Program Grants are awarded
to Tribes to establish or enhance the response program of the Tribe;
capitalize a revolving loan fund for brownfield remediation under
section 104(k)(3) of CERCLA; or purchase insurance or develop a risk
sharing pool, an indemnity pool, or insurance mechanism to provide
financing for response actions under a Tribal response program.
Sec. 35.737 Basis for allotment.
The Administrator allots response program funds to each EPA
regional office. Regional Administrators award funds to Tribes based on
their programmatic needs and applicable EPA guidance.
Sec. 35.738 Maximum federal share.
The Regional Administrator may provide up to 100 percent of the
approved work plan costs with the exception of the cost shares required
by CERCLA 104(k)(9)(B)(iii) for capitalization of revolving loan funds
under CERCLA 104(k)(3).
[FR Doc. E9-14114 Filed 6-15-09; 8:45 am]
BILLING CODE 6560-50-P
