Two Proposed CERCLA Section 122(g) Administrative Agreements for De Minimis Settlements for the Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, NY, 52942 [2010-21548]

Download as PDF 52942 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Notices ENVIRONMENTAL PROTECTION AGENCY [FRL–9194–7] Two Proposed CERCLA Section 122(g) Administrative Agreements for De Minimis Settlements for the Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, NY Environmental Protection Agency. ACTION: Notice; request for public comment. AGENCY: 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 II, of two proposed de minimis administrative agreements pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g). One settlement is between EPA and the Metropolitan Transportation AuthorityNew York City Transit Authority (‘‘MTA–NYCTA’’) and Tyson Foods, Inc. (‘‘Tyson’’), hereinafter referred to as the ‘‘MTA-Tyson Settlement.’’ The second settlement is between EPA and MG Automation and Controls Corporation (‘‘MG’’) and Occidental Chemical Corporation (‘‘OxyChem’’), hereinafter referred to as the ‘‘MG-OxyChem Settlement.’’ Both settlements pertain to the Mercury Refining Superfund Site (‘‘Site’’) located in the Towns of Guilderland and Colonie, Albany County, New York. The MTA-Tyson Settlement requires that MTA–NYCTA pay $67,844.54, and that Tyson pay $32,684.84. The MG-OxyChem Settlement requires MG to pay $39,946.45 and OxyChem to pay $20,741.84. All payments will be paid to the EPA Hazardous Substance Superfund Mercury Refining Superfund Site Special Account. Each settling party’s individual settlement amount is considered to be that party’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. Each 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, 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 jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:28 Aug 27, 2010 Jkt 220001 this notice, EPA will receive written comments relating to the settlements. EPA will consider all comments received and may modify or withdraw its consent to one or both of the settlements if comments received disclose facts or considerations that indicate that one or both of the proposed settlements are 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 September 29, 2010. ADDRESSES: The proposed settlement is available for public inspection at EPA Region II offices at 290 Broadway, New York, New York 10007–1866. Comments on the MTA-Tyson settlement should reference the Mercury Refining Superfund Site, Index No. CERCLA–02– 2010–2002. Comments on the MGOxyChem settlement should reference the Mercury Refining Superfund Site, Index No. CERCLA–02–2010–2013. To request a copy of either settlement agreement, please contact Sharon E. Kivowitz at the address identified below. All comments should be submitted to Sharon E. Kivowitz at the address 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. E-mail: kivowitz.sharon@epa.gov. Dated: August 18, 2010. Walter Mugdan, Director, Emergency and Remedial Response Division, EPA, Region 2. [FR Doc. 2010–21548 Filed 8–27–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested August 24, 2010. The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Act (PRA) of 1995, 44 U.S.C. 3501 – 3520. Comments are requested concerning: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before October 29, 2010. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202– 395–5167 or via email to Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: Cathy Williams on (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Approval Number: 3060–0216. Title: Section 73.3538, Application to Make Changes in an Existing Station; Section 73.1690(e), Modification of Transmission Systems. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other for– profit entities, Not–for–profit institutions. Number of Respondents and Responses: 650 respondents and 650 responses. Estimated Hours per Response: 0.50 – 3 hours Frequency of Response: On occasion reporting requirement; Recordkeeping requirement. E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Page 52942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21548]



[[Page 52942]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9194-7]


Two Proposed CERCLA Section 122(g) Administrative Agreements for 
De Minimis Settlements for the Mercury Refining Superfund Site, Towns 
of Guilderland and Colonie, Albany County, NY

AGENCY: Environmental Protection Agency.

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 II, of two 
proposed de minimis administrative agreements pursuant to Section 
122(g) of CERCLA, 42 U.S.C. 9622(g). One settlement is between EPA and 
the Metropolitan Transportation Authority-New York City Transit 
Authority (``MTA-NYCTA'') and Tyson Foods, Inc. (``Tyson''), 
hereinafter referred to as the ``MTA-Tyson Settlement.'' The second 
settlement is between EPA and MG Automation and Controls Corporation 
(``MG'') and Occidental Chemical Corporation (``OxyChem''), hereinafter 
referred to as the ``MG-OxyChem Settlement.'' Both settlements pertain 
to the Mercury Refining Superfund Site (``Site'') located in the Towns 
of Guilderland and Colonie, Albany County, New York. The MTA-Tyson 
Settlement requires that MTA-NYCTA pay $67,844.54, and that Tyson pay 
$32,684.84. The MG-OxyChem Settlement requires MG to pay $39,946.45 and 
OxyChem to pay $20,741.84. All payments will be paid to the EPA 
Hazardous Substance Superfund Mercury Refining Superfund Site Special 
Account. Each settling party's individual settlement amount is 
considered to be that party'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. Each 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, 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 settlements. EPA will consider all comments received and may 
modify or withdraw its consent to one or both of the settlements if 
comments received disclose facts or considerations that indicate that 
one or both of the proposed settlements are 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 September 29, 2010.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region II offices at 290 Broadway, New York, New York 10007-
1866. Comments on the MTA-Tyson settlement should reference the Mercury 
Refining Superfund Site, Index No. CERCLA-02-2010-2002. Comments on the 
MG-OxyChem settlement should reference the Mercury Refining Superfund 
Site, Index No. CERCLA-02-2010-2013. To request a copy of either 
settlement agreement, please contact Sharon E. Kivowitz at the address 
identified below. All comments should be submitted to Sharon E. 
Kivowitz at the address 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. E-
mail: kivowitz.sharon@epa.gov.

    Dated: August 18, 2010.
Walter Mugdan,
Director, Emergency and Remedial Response Division, EPA, Region 2.
[FR Doc. 2010-21548 Filed 8-27-10; 8:45 am]
BILLING CODE 6560-50-P
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