[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Page 40140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16071]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL 9830-3]
Proposed CERCLA Administrative Settlement Agreement and Order on
Consent for the Mercury Refining Superfund Site, Towns of Guilderland
and Colonie, Albany County, New York
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment
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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 2, of a proposed
de minimis administrative settlement agreement and order on consent
pursuant to Section 122(g)(4)of CERCLA, 42 U.S.C. 9622(g)(4). The
settlement agreement includes settlement of penalties under Section
104(e)(5) of CERCLA, 42 U.S.C. 9604(e)(5) under the authority of the
Attorney General of the United States to compromise and settle claims
of the United States. The settlement is between EPA and Titan Wheel
Corporation of Illinois (hereafter ``Titan'') pertaining to the Mercury
Refining Superfund Site (``Site'') located in the Towns of Guilderland
and Colonie, Albany County, New York. The settlement requires Titan to
pay $23,000 to the EPA Hazardous Substance Superfund. The settlement
amount covers Titan'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 plus a penalty for Titan's
failure to comply with an information request letter sent pursuant to
Section 104(e) of CERCLA, 42 U.S.C. 9604(e). The settlement includes a
covenant not to sue pursuant to Sections 106, 107 and 104(e)(5) of
CERCLA, 42 U.S.C. 9606, 9607, and 9604(e)(5) 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 August 2, 2013.
ADDRESSES: The proposed settlement is available for public inspection
at EPA Region 2 offices at 290 Broadway, New York, New York 10007-1866.
Comments should be sent to the individual identified below and should
reference the Mercury Refining Superfund Site, Index No. CERCLA-02-
2013-2012. 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.
Email: [email protected].
Dated: June 6, 2013.
Nicoletta DiForte,
Acting Director, Emergency and Remedial Response Division, EPA, Region
2.
[FR Doc. 2013-16071 Filed 7-2-13; 8:45 am]
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