Proposed CERCLA Section 122(h) Settlement Relating to the Jewett White Lead Company Superfund Site (“Site”), Located on Staten Island, Richmond County, NY, 43073-43074 [2012-17886]

Download as PDF Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices The filings in the above-referenced proceeding(s) are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: July 17, 2012. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2012–17825 Filed 7–20–12; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER12–2244–000] Dated: July 17, 2012. Nathaniel J. Davis, Sr., Deputy Secretary. mstockstill on DSK4VPTVN1PROD with NOTICES Intelligen Resources, L.P.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization [FR Doc. 2012–17824 Filed 7–20–12; 8:45 am] BILLING CODE 6717–01–P This is a supplemental notice in the above-referenced proceeding, of Intelligen Resources, L.P.’s application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant’s request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability is August 7, 2012. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be VerDate Mar<15>2010 19:21 Jul 20, 2012 Jkt 226001 listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St. NE., Washington, DC 20426. The filings in the above-referenced proceeding(s) are accessible in the Commission’s eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. ENVIRONMENTAL PROTECTION AGENCY [FRL–9703–5] Proposed CERCLA Section 122(h) Settlement Relating to the Jewett White Lead Company Superfund Site (‘‘Site’’), Located on Staten Island, Richmond 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’’), notice is hereby given by the U.S. Environmental Protection Agency (‘‘EPA’’), Region 2, of a proposed Administrative Settlement Agreement (‘‘Agreement’’) pursuant to Section 122(h)(1) of CERCLA, and the inherent settlement authority of the United States with NL Industries, Inc. (the ‘‘Settling Party’’). Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, and thus is potentially liable for response costs incurred or to be incurred at or in SUMMARY: PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 43073 connection with the Jewett White Lead Company Superfund Site (‘‘Site’’), located on Staten Island, Richmond County, New York. Based upon Settling Party’s commitment to provide this funding to EPA, as set forth in the Agreement, EPA intends to perform or finance this removal action. Within 10 days after the effective date, Settling Party agrees to pay to EPA $1,374,000. Thereafter, Settling Party shall pay an additional $176,000 six months after the effective date of the Agreement. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement. SUPPLEMENTARY INFORMATION: 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 Administrative Settlement Agreement (‘‘Agreement’’) pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and the inherent settlement authority of the United States with NL Industries, Inc. (the ‘‘Settling Party’’). Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and thus is potentially liable for response costs incurred or to be incurred at or in connection with the Jewett White Lead Company Superfund Site (‘‘Site’’), located on Staten Island, Richmond County, New York. The Site includes two parcels of land separated by an active roadway, one located at 2000–2012 Richmond Terrace, and the other at 2015 Richmond Terrace, in the Port Richmond area of the north shore of Staten Island, New York. EPA and Settling Party seek through this proposed Agreement to enable Settling Party to finance the performance of EPA’s documented removal action of excavation and off-site disposal of contaminated soils at the 2000–2012 Richmond Terrace portion of the Site. Based upon Settling Party’s commitment to provide this funding to EPA, as set forth in the Agreement, EPA intends to perform or finance this removal action. Within 10 days after the effective date, Settling Party agrees to pay to EPA $1,374,000. Thereafter, Settling Party shall pay an additional $176,000 six months after the effective date of the Agreement. The proposed Agreement includes a covenant by EPA not to sue or take administrative action against Settling Party pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to E:\FR\FM\23JYN1.SGM 23JYN1 43074 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices this specific removal action which EPA intends to perform at the 2000–2012 Richmond Terrace portion of the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement. EPA will consider all comments received and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations that indicate that the proposed Agreement is inappropriate, improper, or inadequate. EPA’s response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007– 1866. DATES: Comments must be submitted on or before August 22, 2012. ADDRESSES: The Agreement is available for public inspection at EPA Region 2 offices at 290 Broadway, New York, New York 10007–1866. Comments should reference the Jewett White Lead Company Superfund Site (‘‘Site’’), located on Staten Island, Richmond County, New York. Index No. II– CERCLA–02–2012–2016. To request a copy of the Agreement, please contact the EPA employee identified below. FOR FURTHER INFORMATION CONTACT: ´ Henry Guzman, Assistant Regional Counsel, New York/Caribbean Superfund Branch, Office of Regional Counsel, U.S. Environmental Protection Agency, 290 Broadway—17th Floor, New York, New York 10007–1866. Telephone: 212–637–3166. Dated: July 3, 2012. Walter E. Mugdan, Director, Emergency and Remedial Response Division, Region 2. [FR Doc. 2012–17886 Filed 7–20–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9703–7] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’), notice is hereby given of a proposed consent decree to address a lawsuit filed by Southern Alliance for Clean Energy, et al. v. EPA, No. 1:12– cv–00338–ESH (D.D.C). On or about March 2, 2012, Southern Alliance for Clean Energy, et al. filed a complaint mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:21 Jul 20, 2012 Jkt 226001 that EPA failed to perform its nondiscretionary duty pursuant to section 505(b)(2) of the Act, to grant or deny, within 60 days after it was filed, a petition (‘‘Shawnee Petition’’) requesting that EPA object to a proposed title V operating permit for the Tennessee Valley Authority’s Fossil Plant issued by the Commonwealth of Kentucky (‘‘Shawnee Permit’’). Under the terms of the proposed consent decree, EPA would be required to sign its response to Plaintiffs’ petition by September 1, 2012. DATES: Written comments on the proposed consent decree must be received by August 22, 2012. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0571, online at www.regulations.gov (EPA’s preferred method); by email to oei.docket@epa.gov; mailed 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: Gretchen Graves, Esq., Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–5581; fax number (202) 564–5603; email address: graves.gretchen@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would settle Plaintiffs’ claims in a title V deadline suit concerning a petition to object to a permit issued by the Kentucky Department for Air Quality for the Tennessee Valley Authority’s Shawnee Fossil Plant. The proposed consent decree would require EPA to sign its response to Plaintiffs’ petition by September 1, 2012. Once EPA has signed its response, EPA would be required to promptly deliver notice of its response to the Office of the Federal Register for publication. Under the proposed consent decree, once EPA has met these obligations, and any claims by Plaintiffs for costs of litigation have PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 been resolved pursuant to the process provided in the proposed consent decree, the court would dismiss the suit with prejudice. For a period of thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the proposed consent decree from persons who were not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to the consent decree should be withdrawn, the terms of the decree will be affirmed. II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree? Direct your comments to the official public docket for this action under Docket ID No. EPA–HQ–OGC–2012– 0571 which contains a copy of the consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566– 1752. An electronic version of the public docket is available through www.regulations.gov. You may use the www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the appropriate docket identification number. It is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43073-43074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17886]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9703-5]


Proposed CERCLA Section 122(h) Settlement Relating to the Jewett 
White Lead Company Superfund Site (``Site''), Located on Staten Island, 
Richmond 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''), notice is hereby given by the U.S. Environmental 
Protection Agency (``EPA''), Region 2, of a proposed Administrative 
Settlement Agreement (``Agreement'') pursuant to Section 122(h)(1) of 
CERCLA, and the inherent settlement authority of the United States with 
NL Industries, Inc. (the ``Settling Party''). Settling Party is a 
potentially responsible party, pursuant to Section 107(a) of CERCLA, 
and thus is potentially liable for response costs incurred or to be 
incurred at or in connection with the Jewett White Lead Company 
Superfund Site (``Site''), located on Staten Island, Richmond County, 
New York. Based upon Settling Party's commitment to provide this 
funding to EPA, as set forth in the Agreement, EPA intends to perform 
or finance this removal action. Within 10 days after the effective 
date, Settling Party agrees to pay to EPA $1,374,000. Thereafter, 
Settling Party shall pay an additional $176,000 six months after the 
effective date of the Agreement. For thirty (30) days following the 
date of publication of this notice, EPA will receive written comments 
relating to the proposed Agreement.

SUPPLEMENTARY INFORMATION: 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 Administrative Settlement Agreement (``Agreement'') 
pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and the 
inherent settlement authority of the United States with NL Industries, 
Inc. (the ``Settling Party''). Settling Party is a potentially 
responsible party, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), and thus is potentially liable for response costs incurred or 
to be incurred at or in connection with the Jewett White Lead Company 
Superfund Site (``Site''), located on Staten Island, Richmond County, 
New York. The Site includes two parcels of land separated by an active 
roadway, one located at 2000-2012 Richmond Terrace, and the other at 
2015 Richmond Terrace, in the Port Richmond area of the north shore of 
Staten Island, New York. EPA and Settling Party seek through this 
proposed Agreement to enable Settling Party to finance the performance 
of EPA's documented removal action of excavation and off-site disposal 
of contaminated soils at the 2000-2012 Richmond Terrace portion of the 
Site. Based upon Settling Party's commitment to provide this funding to 
EPA, as set forth in the Agreement, EPA intends to perform or finance 
this removal action. Within 10 days after the effective date, Settling 
Party agrees to pay to EPA $1,374,000. Thereafter, Settling Party shall 
pay an additional $176,000 six months after the effective date of the 
Agreement. The proposed Agreement includes a covenant by EPA not to sue 
or take administrative action against Settling Party pursuant to 
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to

[[Page 43074]]

this specific removal action which EPA intends to perform at the 2000-
2012 Richmond Terrace portion of the Site. For thirty (30) days 
following the date of publication of this notice, EPA will receive 
written comments relating to the proposed Agreement. EPA will consider 
all comments received and may modify or withdraw its consent to the 
Agreement if comments received disclose facts or considerations that 
indicate that the proposed Agreement is inappropriate, improper, or 
inadequate. EPA's response to any comments received will be available 
for public inspection at EPA Region 2 offices, 290 Broadway, New York, 
New York 10007-1866.

DATES: Comments must be submitted on or before August 22, 2012.

ADDRESSES: The Agreement is available for public inspection at EPA 
Region 2 offices at 290 Broadway, New York, New York 10007-1866. 
Comments should reference the Jewett White Lead Company Superfund Site 
(``Site''), located on Staten Island, Richmond County, New York. Index 
No. II-CERCLA-02-2012-2016. To request a copy of the Agreement, please 
contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Henry Guzm[aacute]n, Assistant 
Regional Counsel, New York/Caribbean Superfund Branch, Office of 
Regional Counsel, U.S. Environmental Protection Agency, 290 Broadway--
17th Floor, New York, New York 10007-1866. Telephone: 212-637-3166.

    Dated: July 3, 2012.
Walter E. Mugdan,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 2012-17886 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P
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