Proposed CERCLA Section 122(g) Administrative Agreement for De Minimis Settlement for the Consolidated Iron and Metal Co. Superfund Site, City of Newburgh, Orange County, NY, 31273 [E9-15419]

Download as PDF Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 12:30 p.m.—Adjourn. [FR Doc. E9–15421 Filed 6–29–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8924–5] Proposed CERCLA Section 122(g) Administrative Agreement for De Minimis Settlement for the Consolidated Iron and Metal Co. Superfund Site, City of Newburgh, Orange County, NY sroberts on PROD1PC70 with NOTICES6 AGENCY: Environmental Protection Agency (EPA). 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 2, of a proposed de minimis administrative agreement pursuant to section 122(g) of CERCLA, 42 U.S.C. 9622(g), between EPA and the Town of Rhinebeck (‘‘the Town’’), Dutchess County, New York, pertaining to the Consolidated Iron and Metal Co. Superfund Site (‘‘Site’’) located in the City of Newburgh, Orange County, New York. Under the settlement, the Town will pay $49,907.23 to the EPA Hazardous Substance Superfund Consolidated Iron and Metal Co. Site Special Account, which is considered to be its fair share of past and future cleanup costs, plus a ‘‘premium’’ for uncertainties associated with 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, 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). EPA will receive written comments relating to the settlement for thirty (30) days following publication of this notice. 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 2, 290 Broadway, New York, New York 10007– 1866. VerDate Nov<24>2008 19:55 Jun 29, 2009 Jkt 217001 DATES: Comments must be submitted on or before July 30, 2009. 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 reference the Consolidated Iron and Metal Co. Superfund Site, Index No. CERCLA–02–2009–2001. To request a copy of the proposed settlement agreement, please contact the individual identified below. FOR FURTHER INFORMATION CONTACT: Carol Y. Berns, Assistant Regional Counsel, New York/Caribbean Superfund Branch, Office of Regional Counsel, EPA Region 2, 17th Floor, 290 Broadway, New York, New York 10007– 1866. Telephone: 212–637–3177. Dated: June 17, 2009. Walter Mugdan, Director, Emergency and Remedial Response Division, Region 2. [FR Doc. E9–15419 Filed 6–29–09; 8:45 am] BILLING CODE 6560–60–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8924–8] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; Request for public comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the Alliance of Automobile Manufacturers (‘‘Alliance’’) in the United States Court of Appeals for the District of Columbia Circuit: Alliance of Automobile Manufacturers v. EPA, No. 08–1109 (DC Cir.). On or about March 10, 2008, the Alliance filed a petition for review challenging regulations promulgated by EPA in a final rule entitled ‘‘National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, and Gasoline Dispensing Facilities,’’ 73 FR 1916 (Jan. 10, 2008), published at 40 CFR part 63, subparts BBBBBB and CCCCCC (the ‘‘Gasoline Distribution NESHAP’’). Under the terms of the proposed settlement agreement, EPA will sign and submit for publication in the Federal Register a notice of proposed rulemaking to amend the Gasoline Distribution NESHAP that contains amendments that are substantially the same in substance as PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 31273 set forth in Attachment A to this Agreement as expeditiously as practicable after entry of this Agreement. If EPA signs and submits for publication in the Federal Register a notice of final rulemaking to amend the Gasoline Distribution NESHAP that contains amendments that are substantially the same in substance as set forth in Attachment A to this Agreement, the Alliance and EPA will file a joint motion for dismissal with prejudice in accordance with Rule 42(b) of the Federal Rules of Appellate Procedure. DATES: Written comments on the proposed settlement agreement must be received by July 30, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0471, online at https:// www.regulations.gov (EPA’s preferred method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD– ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Susan Stahle, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–1272; fax number (202) 564–5603; e-mail address: stahle.susan@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement This proposed settlement agreement would resolve a petition for review filed by the Alliance challenging regulations promulgated by EPA in a final rule entitled ‘‘National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, and Gasoline Dispensing Facilities,’’ 73 FR 1916 (Jan. 10, 2008), published at 40 CFR part 63, subparts BBBBBB and CCCCCC (the ‘‘Gasoline Distribution NESHAP’’). Specifically, the Alliance challenged the Gasoline Distribution NESHAP by raising three issues regarding: (1) Allegedly duplicative requirements under E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Page 31273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15419]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8924-5]


Proposed CERCLA Section 122(g) Administrative Agreement for De 
Minimis Settlement for the Consolidated Iron and Metal Co. Superfund 
Site, City of Newburgh, Orange County, NY

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 agreement pursuant to section 122(g) of 
CERCLA, 42 U.S.C. 9622(g), between EPA and the Town of Rhinebeck (``the 
Town''), Dutchess County, New York, pertaining to the Consolidated Iron 
and Metal Co. Superfund Site (``Site'') located in the City of 
Newburgh, Orange County, New York. Under the settlement, the Town will 
pay $49,907.23 to the EPA Hazardous Substance Superfund Consolidated 
Iron and Metal Co. Site Special Account, which is considered to be its 
fair share of past and future cleanup costs, plus a ``premium'' for 
uncertainties associated with 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, 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). EPA will 
receive written comments relating to the settlement for thirty (30) 
days following publication of this notice. 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 2, 290 Broadway, New York, New York 
10007-1866.

DATES: Comments must be submitted on or before July 30, 2009.

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 reference the Consolidated Iron and Metal Co. Superfund 
Site, Index No. CERCLA-02-2009-2001. To request a copy of the proposed 
settlement agreement, please contact the individual identified below.

FOR FURTHER INFORMATION CONTACT: Carol Y. Berns, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, EPA Region 2, 17th Floor, 290 Broadway, New York, New York 
10007-1866. Telephone: 212-637-3177.

    Dated: June 17, 2009.
Walter Mugdan,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. E9-15419 Filed 6-29-09; 8:45 am]
BILLING CODE 6560-60-P
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