Proposed CERCLA Administrative Cost Recovery Settlement for the Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County, 58989 [2012-23587]

Download as PDF emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 77, No. 186 / Tuesday, September 25, 2012 / Notices denied the August 4, 2011, Petition (Petition), submitted under title V of the Clean Air Act (Act) by WildEarth Guardians (Petitioner), to object to WDEQ’s June 7, 2011 Permit (Permit) issued to Cheyenne Light, Fuel & Power (CLF&P) for their Wygen II power plant (Wygen II). Pursuant to sections 307(b) and 505(b)(2) of the Act, a petition for judicial review of those portions of the Order that deny issues in the Petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice appears in the Federal Register. ADDRESSES: You may review copies of the final Order, the Petition, and other supporting information at the EPA Region 8 Office, 1595 Wynkoop Street, Denver, Colorado, 80202–1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the copies of the final Order, the Petition, and other supporting information. You may view the hard copies Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. If you wish to examine these documents, you should make an appointment at least 24 hours in advance. Additionally, the final Order for CLF&P Wygen II is available electronically at: https://www. epa.gov/region07/air/title5/petitiondb/ petitions/wygen2_response2011.pdf. FOR FURTHER INFORMATION CONTACT: Donald Law, Air Program (8P–AR), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202–1129. Phone: (303) 312–7015. Email: law.donald@epa.gov. SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to review and object to, as appropriate, a title V operating permit proposed by State permitting authorities. Section 505(b)(2) of the Act authorizes any person to petition the EPA Administrator, within 60 days after the expiration of this review period, to object to a title V operating permit if EPA has not done so. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the State, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. EPA received a petition from WildEarth Petitioner dated August 4, 2011, requesting that EPA object to the issuance of the Permit to CLF&P for the Wygen II power plant located in Campbell County, Wyoming. The Petition alleges that WDEQ failed to respond to comments on the draft permit. VerDate Mar<15>2010 14:15 Sep 24, 2012 Jkt 226001 On August 23, 2012, the Administrator issued an Order denying the Petition. The Order explains the reasons behind EPA’s conclusions. Dated: September 11, 2012. James B. Martin, Regional Administrator, Region 8. [FR Doc. 2012–23590 Filed 9–24–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9720–7] Proposed CERCLA Administrative Cost Recovery Settlement for the Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: In accordance with Section 122 (h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Buckbee-Mears Co. Superfund Site located in Cortland, Cortland County, New York, (the ‘‘Site’’) with the State Bank of India, New York Branch (the ‘‘Bank’’). Pursuant to the settlement EPA will receive: (1) All funds in an escrow account with accrued interest (approximately $116,500); (2) Twentyfive percent of any funds the Bank collects from the principals of International Electron Devices (USA), LLC, the current owner and past operator of the Site at the time of disposal; and (3) A share of the proceeds from the sale of two parcels of land within the Site (‘‘Properties’’) following the Bank’s foreclosure sale and distribution of certain amounts to the City of Cortland (‘‘City’’) and Cortland County (‘‘County’’) in settlement of their respective tax liens. The sales proceeds shall be distributed as follows: (a) The Bank will pay to the City the greater of $302,881 or 15% after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties; (b) The Bank will pay to the County $2,120; and (c) Any proceeds from the foreclosure sale remaining after the above payments will be distributed in proportion to the following lien amounts: (1) For EPA, $8,323.204; (2) for the Bank, $8,434,911; (3) for the City, $1,199,043 minus the greater of $302,881 or fifteen percent (15%) of the SUMMARY: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 58989 proceeds from the sale of the Properties. The settlement also includes a covenant not to sue the settling party pursuant to Sections 106 and 107(a) of CERCLA, for Existing Contamination, as defined in the settlement, at the Site. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. DATES: Comments must be provided within thirty days of the publication of this notice. ADDRESSES: Comments should be addressed to the U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New York 10007–1866 and should refer to the Buckbee-Mears Co. Superfund Site located in Cortland, New York, Cortland County, EPA Region II Docket No. CERCLA–02– 2012–2017. FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New York 10007–1866, Attention: Marla E. Wieder, Assistant Regional Counsel at (212) 637–3184. SUPPLEMENTARY INFORMATION: A copy of the proposed settlement may be obtained from Marla Wieder, Assistant Regional Counsel at the address above, or via email at wieder.marla@epa.gov. Dated: July 20, 2012. John LaPadula, Deputy Director, Emergency & Remedial Response Division. [FR Doc. 2012–23587 Filed 9–24–12; 8:45 am] BILLING CODE 6560–50–P EXPORT–IMPORT BANK [Public Notice 2012–0505] Agency Information Collection Activities: Final Collection; Comment Request Export-Import Bank of the U.S. Submission for OMB Review and Comments Request. AGENCY: ACTION: Form Title: EIB 11–05 Exporter’s Certificate for Loan Guarantee & MT Insurance Programs SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a part of its continuing effort to reduce paperwork and respondent burden, E:\FR\FM\25SEN1.SGM 25SEN1

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[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Notices]
[Page 58989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23587]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9720-7]


Proposed CERCLA Administrative Cost Recovery Settlement for the 
Buckbee-Mears Co. Superfund Site in Cortland, NY, Cortland County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with Section 122 (h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), notice is hereby given of a proposed 
administrative settlement for recovery of past response costs 
concerning the Buckbee-Mears Co. Superfund Site located in Cortland, 
Cortland County, New York, (the ``Site'') with the State Bank of India, 
New York Branch (the ``Bank''). Pursuant to the settlement EPA will 
receive: (1) All funds in an escrow account with accrued interest 
(approximately $116,500); (2) Twenty-five percent of any funds the Bank 
collects from the principals of International Electron Devices (USA), 
LLC, the current owner and past operator of the Site at the time of 
disposal; and (3) A share of the proceeds from the sale of two parcels 
of land within the Site (``Properties'') following the Bank's 
foreclosure sale and distribution of certain amounts to the City of 
Cortland (``City'') and Cortland County (``County'') in settlement of 
their respective tax liens. The sales proceeds shall be distributed as 
follows: (a) The Bank will pay to the City the greater of $302,881 or 
15% after the Bank is paid $150,000 attributable to the costs of 
marketing and selling the Properties; (b) The Bank will pay to the 
County $2,120; and (c) Any proceeds from the foreclosure sale remaining 
after the above payments will be distributed in proportion to the 
following lien amounts: (1) For EPA, $8,323.204; (2) for the Bank, 
$8,434,911; (3) for the City, $1,199,043 minus the greater of $302,881 
or fifteen percent (15%) of the proceeds from the sale of the 
Properties. The settlement also includes a covenant not to sue the 
settling party pursuant to Sections 106 and 107(a) of CERCLA, for 
Existing Contamination, as defined in the settlement, at the Site. For 
thirty (30) days following the date of publication of this notice, the 
Agency will receive written comments relating to the settlement. The 
Agency will consider all comments received and may modify or withdraw 
its consent to the settlement if comments received disclose facts or 
considerations which indicate that the settlement is inappropriate, 
improper, or inadequate.

DATES: Comments must be provided within thirty days of the publication 
of this notice.

ADDRESSES: Comments should be addressed to the U.S. Environmental 
Protection Agency, Office of Regional Counsel, 290 Broadway, 17th 
Floor, New York, New York 10007-1866 and should refer to the Buckbee-
Mears Co. Superfund Site located in Cortland, New York, Cortland 
County, EPA Region II Docket No. CERCLA-02-2012-2017.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway, 17th Floor, New York, New 
York 10007-1866, Attention: Marla E. Wieder, Assistant Regional Counsel 
at (212) 637-3184.

SUPPLEMENTARY INFORMATION: A copy of the proposed settlement may be 
obtained from Marla Wieder, Assistant Regional Counsel at the address 
above, or via email at wieder.marla@epa.gov.

    Dated: July 20, 2012.
John LaPadula,
Deputy Director, Emergency & Remedial Response Division.
[FR Doc. 2012-23587 Filed 9-24-12; 8:45 am]
BILLING CODE 6560-50-P
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