Agreement for Recovery of Response Costs and Covenant not to Sue Under the Comprehensive Environmental Response, Compensation, and Liability Act Regarding the Delilah Road Landfill Superfund Site, Egg Harbor Township, Atlantic County, NJ, 11915-11916 [E8-4255]

Download as PDF Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08–75–000] Texas Eastern Transmission, LP; Notice of Request Under Blanket Authorization jlentini on PROD1PC65 with NOTICES February 26, 2008. Take notice that on February 15, 2008, Texas Eastern Transmission, LP (Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056–5310, filed in Docket No. CP08–75–000, a prior notice request pursuant to sections 157.205 and 157.212 of the Federal Energy Regulatory Commission’s regulations under the Natural Gas Act for authorization to construct and operate a new receipt point and to receive natural gas, located in Beauregard Parish, Louisiana, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at https:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (886) 208–3676 or TTY, (202) 502–8659. Specifically, Texas Eastern proposes to design and construct a new receipt point to receive natural gas from Cheniere Creole Trail Pipeline, L.P. (Cheniere), consisting of dual 14-inch hot taps on Line No. 14, an existing 30inch side valve on Line No. 18, electronic gas measurement equipment, and a gas chromatograph. Texas Eastern states that Cheniere will be installing the connecting piping, which will be owned and operated by Texas Eastern. Texas Eastern estimates the cost of construction to be $435,235. Texas Eastern asserts that Cheniere will reimburse Texas Eastern for all costs associated with constructing such facilities. Texas Eastern states that the new receipt point will provide Texas Eastern with the ability to receive up to 500 million cubic feet per day of natural gas from Cheniere into Texas Eastern’s pipeline system. Any questions regarding the application should be directed to Garth Johnson, General Manager, Certificates & Reporting, Texas Eastern Transmission, LP, P.O. Box 1642, Houston, Texas 77251–1642, call (713) 627–5415 or fax (713) 627–5947. Any person or the Commission’s Staff may, within 60 days after the issuance of the instant notice by the Commission, VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and, pursuant to section 157.205 of the Commission’s Regulations under the Natural Gas Act (NGA) (18 CFR 157.205) a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (https:// www.ferc.gov) under the ‘‘e-Filing’’ link. Kimberly D. Bose, Secretary. [FR Doc. E8–4161 Filed 3–4–08; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8537–7] Agreement for Recovery of Response Costs and Covenant not to Sue Under the Comprehensive Environmental Response, Compensation, and Liability Act Regarding the Delilah Road Landfill Superfund Site, Egg Harbor Township, Atlantic County, NJ Environmental Protection Agency. ACTION: Notice of proposed administrative settlement and request for public comment. AGENCY: 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. 9601 et seq., the U.S. Environmental Protection Agency (EPA) announces a proposed administrative settlement to resolve claims under CERCLA. This settlement is intended to resolve the liability of four responsible parties for certain response costs incurred and to be incurred by EPA at the Delilah Road Landfill Superfund Site located in Egg Harbor Township, Atlantic County, New Jersey (Site). The proposed administrative settlement is contained in a Settlement Agreement for recovery of response costs (Agreement) between PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 11915 Atlantic City Electric Company, Lenox, Incorporated, Wyeth Holdings Corporation, and Wyeth (Settling Parties) and EPA. By this Notice, EPA is informing the public of the proposed settlement and of the opportunity to comment. The Site, consisting of approximately 45 acres, was originally used for sand and gravel excavation, but was later converted to a solid waste disposal area. Landfill operations ceased in 1980. The Site was placed on the National Priorities List (NPL) on October 4, 1984, and in 1986, the New Jersey Department of Environmental Protection (NJDEP) began a remedial investigation and feasibility study (RI/FS) to investigate conditions at the Site and evaluate remedial alternatives. On September 28, 1990, NJDEP issued a Record of Decision (ROD) for the Site which included placement of an impermeable layer cap on the landfill and installation of a gas collection and treatment system. Certain private parties, including some of the Settling Parties or their predecessors, entered into an Administrative Consent Order with NJDEP, as the lead agency for the Site, effective on October 12, 1994, to implement the remedy selected in the ROD. NJDEP issued an Explanation of Significant Differences (ESD) effective September 30, 1998, based on the results of additional groundwater sampling, through which the remedy was modified to provide for a soil cap, rather than the synthetic membrane cap originally selected. Construction of the remedy began in late 2001, and was substantially completed by the summer of 2002. As the support agency for the Site, EPA’s costs consist primarily of oversight costs. Section 122(h) of CERCLA authorizes EPA to consider, compromise and settle certain claims. Under the terms of the proposed Agreement, the Settling Parties will pay $81,410.95 in reimbursement of past and future Site costs incurred by EPA. In exchange, EPA will grant a covenant not to sue or take administrative action against the Settling Parties for reimbursement of past or future EPA Site response costs pursuant to Section 107(a) of CERCLA, subject to reopeners for unknown conditions or new information. EPA will consider any comments received during the comment period and may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. EPA’s response to any comments received will be available for public inspection at the U.S. Environmental E:\FR\FM\05MRN1.SGM 05MRN1 11916 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices Protection Agency, Office of Regional Counsel, 290 Broadway—17th Floor, New York, New York 10007–1866. Telephone: (212) 637–3111. DATES: Comments must be provided by April 4, 2008. ADDRESSES: Comments should be sent to the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway—17th Floor, New York, NY 10007–1866 and should refer to: Delilah Road Landfill Superfund Site, U.S. EPA Docket No. CERCLA–02–2008–2008. SUPPLEMENTARY INFORMATION: A copy of the proposed administrative Agreement may be obtained in person or by mail from Diego Garcia, U.S. Environmental Protection Agency, 290 Broadway—19th Floor, New York, NY 10007–1866. Telephone: (212) 637–4947. FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway—17th Floor, New York, New York 10007–1866. Telephone: (212) 637–3139. Dated: January 24, 2008. George Pavlou, Director, Emergency and Remedial Response Division, Region 2. [FR Doc. E8–4255 Filed 3–4–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8537–4; Docket ID No. EPA–HQ–ORD– 2005–0029] Draft Integrated Science Assessment for Oxides of Nitrogen-Health Criteria Environmental Protection Agency. ACTION: Notice of Public Comment Period. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing the availability of the second external review draft of a document titled, ‘‘Draft Integrated Science Assessment for Oxides of Nitrogen—Health Criteria’’ (EPA/600/R–099aB). The document was prepared by the National Center for Environmental Assessment within EPA(s Office of Research and Development as part of the review of the primary (health-based) national ambient air quality standards (NAAQS) for oxides of nitrogen. EPA is releasing this draft document solely for the purpose of seeking public comment and for review by the Clean Air Scientific Advisory Committee (CASAC) (meeting date and location to be specified in a separate Federal Register notice). It does not represent VerDate Aug<31>2005 18:03 Mar 04, 2008 Jkt 214001 and should not be construed to represent any Agency policy, viewpoint, or determination. EPA will consider any public comments submitted in accordance with this notice when revising the document. DATES: The public comment period begins on or about March 6, 2008. Comments must be received on or before May 5, 2008. ADDRESSES: The ‘‘Draft Integrated Science Assessment for Oxides of Nitrogen—Health Criteria’’ will be available primarily via the Internet on the National Center for Environmental Assessment’s home page under the Recent Additions and Publications menus at https://www.epa.gov/ncea. A limited number of CD–ROM or paper copies will be available. Contact Ms. Emily Lee by telephone: 919–541–4169, facsimile: 919–541–1818, or e-mail: lee.emily@epa.gov to request either of these, and please provide your name, your mailing address, and the document title, ‘‘Draft Integrated Science Assessment for Oxides of Nitrogen— Health Criteria’’ (EPA/600/R–099aB) to facilitate processing of your request. FOR FURTHER INFORMATION CONTACT: Dennis Kotchmar, NCEA; telephone: 919–541–4158; facsimile: 919–541– 1818; or e-mail: kotchmar.dennis@epa.gov. SUPPLEMENTARY INFORMATION: I. Information About the Document Section 108 (a) of the Clean Air Act directs the Administrator to identify certain pollutants that ‘‘may reasonably be anticipated to endanger public health and welfare’’ and to issue air quality criteria for them. These air quality criteria are to ‘‘accurately reflect the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of [a] pollutant in the ambient air.’’* * * Under section 109 of the Act, EPA is then to establish national ambient air quality standards (NAAQS) for each pollutant for which EPA has issued criteria. Section 109 (d) of the Act subsequently requires periodic review and, if appropriate, revision of existing air quality criteria to reflect advances in scientific knowledge on the effects of the pollutant on public health and welfare. EPA is also to revise the NAAQS, if appropriate, based on the revised air quality criteria. Oxides of nitrogen is one of six principal (or ‘‘criteria’’) pollutants for which EPA has established NAAQS. Periodically, EPA reviews the scientific basis for these standards by preparing an Integrated Science Assessment (ISA), PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 formerly called an Air Quality Criteria Document (AQCD). The ISA and supplementary annexes, in conjunction with additional technical and policy assessments, provide the scientific basis for EPA decisions on the adequacy of a current NAAQS and the appropriateness of new or revised standards. The Clean Air Scientific Advisory Committee (CASAC), an independent science advisory committee mandated by the Clean Air Act and part of the EPA’s Science Advisory Board (SAB), is charged with independent expert scientific review of EPA’s draft ISAs. On December 9, 2005 (70 FR 73236), EPA formally initiated its current review of the criteria for Oxides of Nitrogen, requesting the submission of recent scientific information on specified topics. A draft of EPA’s ‘‘Integrated Plan for Review of the Primary National Ambient Air Quality Standard’’ was made available in February 2007 for public comment and was discussed by the Clean Air Scientific Advisory Committee (CASAC) via a publicly accessible teleconference consultation on May 11, 2007 (72 FR 20336). A review of the secondary (welfare-based) NAAQS for Oxides of Nitrogen is being conducted separately, in conjunction with the review of the secondary NAAQS for Sulfur Oxides. In February 2007 (72 FR 6238), a workshop was held to discuss, with invited scientific experts, initial draft materials prepared in the development of the ISA and supplementary annexes for oxides of nitrogen. The first external review draft of this ISA was released for public comment and review by the CASAC on August 31, 2007 (72 FR 50107), and was reviewed by CASAC at a public meeting held on October 24–25, 2007. This second draft document incorporates revisions to address comments raised by CASAC and the public. The second external review draft Integrated Science Assessment for Oxides of Nitrogen will be discussed at a public meeting for review by CASAC, and public comments received will be provided to the CASAC review panel. A future Federal Register notice will inform the public of the exact date and time of that CASAC meeting. II. How To Submit Technical Comments to the Docket at https:// www.regulations.gov Submit your comments, identified by Docket ID No. EPA–HQ–ORD–2005– 0029, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: ORD.Docket@epa.gov. • Fax: 202–566–1753. E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11915-11916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4255]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8537-7]


Agreement for Recovery of Response Costs and Covenant not to Sue 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act Regarding the Delilah Road Landfill Superfund Site, Egg 
Harbor Township, Atlantic County, NJ

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and 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. 9601 et seq., the U.S. Environmental 
Protection Agency (EPA) announces a proposed administrative settlement 
to resolve claims under CERCLA. This settlement is intended to resolve 
the liability of four responsible parties for certain response costs 
incurred and to be incurred by EPA at the Delilah Road Landfill 
Superfund Site located in Egg Harbor Township, Atlantic County, New 
Jersey (Site). The proposed administrative settlement is contained in a 
Settlement Agreement for recovery of response costs (Agreement) between 
Atlantic City Electric Company, Lenox, Incorporated, Wyeth Holdings 
Corporation, and Wyeth (Settling Parties) and EPA. By this Notice, EPA 
is informing the public of the proposed settlement and of the 
opportunity to comment.
    The Site, consisting of approximately 45 acres, was originally used 
for sand and gravel excavation, but was later converted to a solid 
waste disposal area. Landfill operations ceased in 1980. The Site was 
placed on the National Priorities List (NPL) on October 4, 1984, and in 
1986, the New Jersey Department of Environmental Protection (NJDEP) 
began a remedial investigation and feasibility study (RI/FS) to 
investigate conditions at the Site and evaluate remedial alternatives. 
On September 28, 1990, NJDEP issued a Record of Decision (ROD) for the 
Site which included placement of an impermeable layer cap on the 
landfill and installation of a gas collection and treatment system. 
Certain private parties, including some of the Settling Parties or 
their predecessors, entered into an Administrative Consent Order with 
NJDEP, as the lead agency for the Site, effective on October 12, 1994, 
to implement the remedy selected in the ROD. NJDEP issued an 
Explanation of Significant Differences (ESD) effective September 30, 
1998, based on the results of additional groundwater sampling, through 
which the remedy was modified to provide for a soil cap, rather than 
the synthetic membrane cap originally selected. Construction of the 
remedy began in late 2001, and was substantially completed by the 
summer of 2002. As the support agency for the Site, EPA's costs consist 
primarily of oversight costs.
    Section 122(h) of CERCLA authorizes EPA to consider, compromise and 
settle certain claims. Under the terms of the proposed Agreement, the 
Settling Parties will pay $81,410.95 in reimbursement of past and 
future Site costs incurred by EPA. In exchange, EPA will grant a 
covenant not to sue or take administrative action against the Settling 
Parties for reimbursement of past or future EPA Site response costs 
pursuant to Section 107(a) of CERCLA, subject to reopeners for unknown 
conditions or new information.
    EPA will consider any comments received during the comment period 
and may withdraw or withhold consent to the proposed settlement if 
comments disclose facts or considerations that indicate the proposed 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. Environmental

[[Page 11916]]

Protection Agency, Office of Regional Counsel, 290 Broadway--17th 
Floor, New York, New York 10007-1866. Telephone: (212) 637-3111.

DATES: Comments must be provided by April 4, 2008.

ADDRESSES: Comments should be sent to the U.S. Environmental Protection 
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York, 
NY 10007-1866 and should refer to: Delilah Road Landfill Superfund 
Site, U.S. EPA Docket No. CERCLA-02-2008-2008.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
Agreement may be obtained in person or by mail from Diego Garcia, U.S. 
Environmental Protection Agency, 290 Broadway--19th Floor, New York, NY 
10007-1866. Telephone: (212) 637-4947.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, New 
York 10007-1866. Telephone: (212) 637-3139.

    Dated: January 24, 2008.
George Pavlou,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. E8-4255 Filed 3-4-08; 8:45 am]
BILLING CODE 6560-50-P
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