Proposed Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Administrative Settlement Agreement and Order on Consent: City of Somerville, Conway Park Site, Somerville, Massachusetts, 54376-54377 [2020-19197]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with NOTICES
54376
Federal Register / Vol. 85, No. 170 / Tuesday, September 1, 2020 / Notices
The licensees provided this information
to the Services, who concurred and
provided new fish passage
determinations. As such, the licensees
are requesting the following
modifications: (1) Requiring PacifiCorp
to implement an aquatic habitat
restoration program in lieu of
constructing fish passage facilities into
and out of Merwin Reservoir; (2)
delaying decisions regarding the
appropriateness of constructing fish
passage facilities into and out of the
Yale Reservoir until 2031 and 2035; and
(3) requiring PacifiCorp to construct the
Yale Downstream, Yale Upstream, and
Swift Upstream bull trout passage
facilities. Additional areas potentially
impacted by the proposed modifications
include: the three Project reservoirs; the
river reach below Merwin Dam; and
river and creek reaches above Swift
Reservoir. The licensees’ applications
provided additional detail on the
proposed modifications and associated
resource enhancement measures.
l. Locations of the Application: This
filing may be viewed on the
Commission’s website 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. You may
also register online at https://
www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
For assistance, call (866) 208–3676 or
email FERCOnlineSupport@ferc.gov, for
TTY, call (202) 502–8659. A copy is also
available for inspection and
reproduction at the address in item (h)
above. Agencies may obtain copies of
the application directly from the
applicant.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Protests, or Motions to
Intervene: Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
protests, or motions to intervene must
be received on or before the specified
comment date for the particular
application.
o. Filing and Service of Documents:
Any filing must (1) bear in all capital
VerDate Sep<11>2014
20:01 Aug 31, 2020
Jkt 250001
letters the title COMMENTS; PROTEST,
or MOTION TO INTERVENE as
applicable; (2) set forth in the heading
the name of the applicant and the
project number of the application to
which the filing responds; (3) furnish
the name, address, and telephone
number of the person commenting,
protesting or intervening; and (4)
otherwise comply with the requirements
of 18 CFR 385.2001 through 385.2005.
All comments, motions to intervene, or
protests, must set forth their evidentiary
basis. Any filing made by an intervenor
must be accompanied by proof of
service on all persons listed in the
service list prepared by the Commission
in this proceeding, in accordance with
18 CFR 385.2010.
Dated: August 26, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020–19253 Filed 8–31–20; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[CERCLA 01–2020–0054; FRL–10014–18–
Region 1]
Proposed Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) Administrative Settlement
Agreement and Order on Consent: City
of Somerville, Conway Park Site,
Somerville, Massachusetts
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed settlement;
request for public comments.
AGENCY:
SUMMARY: Notice is hereby given that
the Environmental Protection Agency
(‘‘EPA’’), has entered into a proposed
settlement, embodied in an
Administrative Settlement Agreement
and Order on Consent (‘‘Settlement
Agreement’’), with settling party City of
Somerville, Massachusetts
(‘‘Somerville’’), with respect to the
Conway Park Site, located in
Somerville, Middlesex County,
Massachusetts (‘‘Conway Park Site’’).
Under the settlement, Somerville will
perform part of the removal action, in
coordination with EPA, as set forth in
the June 15, 2020 Action Memorandum
for the Site. This notice applies to a
compromise of up to $3 million in
direct and indirect EPA costs associated
with EPA’s contribution to the removal
action at the Site. The Settlement
Agreement also resolves Somerville’s
liability for work performed and future
response costs.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Comments must be submitted by
October 1, 2020.
ADDRESSES: Comments should be
addressed to Cynthia Lewis, Senior
Enforcement Counsel, U.S.
Environmental Protection Agency, 5
Post Office Square, Suite 100 (ORC 04–
4), Boston, MA 02109–3912 (Telephone
number: (617) 918–1889) and should
reference the Conway Park Site, U.S.
EPA Docket No: CERCLA 01–2020–
0054.
FOR FURTHER INFORMATION CONTACT: A
copy of the proposed settlement may be
obtained from Stacy Greendlinger,
Superfund and Emergency Management
Division, U.S. Environmental Protection
Agency, Region I, 5 Post Office Square,
Suite 100 (02–2), Boston, MA 02109–
3912, Telephone number: (617) 918–
1403; email address:
greendlinger.stacy@epa.gov.
SUPPLEMENTARY INFORMATION: Notice of
this proposed Settlement Agreement is
made in accordance with section 122(i)
of CERCLA, 42 U.S.C. 9622(i). The
Settlement Agreement is an
administrative settlement agreement
made in accordance with sections 104,
106(a), 107, and 122 of CERCLA, and
includes a compromise of EPA response
costs, under CERCLA sections 107(a)
and the authority of the Attorney
General of the United States to
compromise and settle claims of the
United States, with Somerville
concerning the Conway Park Site. The
Settlement Agreement includes a
covenant not to sue pursuant to sections
106 (for the work) and 107(a) (for future
response costs and EPA costs to perform
the work up to the amount of $3
million) of CERCLA, 42 U.S.C. 9606 and
9607(a), relating to the Site, and
protection from contribution actions or
claims as provided by sections 113(f)(2)
and 1229(h)(4) of CERCLA. Pursuant to
the terms of the proposed settlement,
EPA has reserved its right to recover any
costs incurred to perform the removal
action that are above the amount of $3
million, as well as EPA’s past costs. The
Settlement Agreement has been
approved by the Environmental and
Natural Resources Division of the
United States Department of Justice.
For 30 days following the date of
publication of this document, the
Agency will receive written comments
relating solely to the cost compromise
component of the settlement under
CERCLA section 107(a) (the compromise
of up to $3 million in direct and indirect
EPA costs associated with EPA’s
contribution to the implementation of a
removal action at the Site). Section XIV
(Payment of Response Costs) of the
Settlement Agreement will become
DATES:
E:\FR\FM\01SEN1.SGM
01SEN1
Federal Register / Vol. 85, No. 170 / Tuesday, September 1, 2020 / Notices
effective when EPA notifies Somerville
that the public comment period has
closed and that such comments, if any,
do not require that EPA modify or
withdraw from consent to Section XIV
(Payment of Response Costs) of this
Agreement. The United States will
consider all comments received and
may seek to modify or withdraw
consent from the cost compromise
contained in the proposed settlement if
comments received disclose facts or
considerations which indicate that the
cost compromise contained in the
settlement is inappropriate, improper,
or inadequate. The Agency’s response to
any comments received will be available
for public inspection at the
Environmental Protection Agency—
Region I, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
• Hand Delivery/Courier: Guard
station at the rear of the 550 17th Street
building (located on F Street) on
business days between 7:00 a.m. and
5:00 p.m. (EST).
• Public Inspection: All comments
received will be posted without change
to https://www.fdic.gov/regulations/
laws/federal, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
Samuel B. Lutz, Counsel, Legal
Division, (202) 898–3773, salutz@
fdic.gov; James Watts, Counsel, Legal
Division, (202) 898–6678, jwatts@
fdic.gov.
Bryan Olson,
Director, Superfund and Emergency
Management Division.
The Federal Deposit Insurance
Corporation (FDIC) is publishing for
comment proposed amendments to its
Guidelines for Appeals of Material
Supervisory Determinations
(Guidelines). The FDIC is seeking
comments regarding these amendments
to the Guidelines in order to provide the
public an opportunity to provide input
and feedback, although notice and
comment is not required.
The Guidelines describe the process
by which insured depository
institutions (IDIs) may appeal material
supervisory determinations made by the
FDIC. The current appeals process
provides for two stages of review. First,
an IDI requests review of a material
supervisory determination by the
appropriate Division Director from the
Division of Risk Management
Supervision (RMS), the Division of
Depositor and Consumer Protection
(DCP), or the Division of Complex
Institution Supervision and Resolution
(CISR). If the IDI is not satisfied with the
Division Director’s decision, it may
proceed to the second stage of the
process—an appeal of that decision to
the FDIC’s Supervision Appeals Review
Committee (SARC), a standing
committee of the FDIC’s Board of
Directors (Board).
The proposed amendments would
replace the SARC with a newly
established independent office that
would exclusively consider supervisory
appeals. In addition, the proposal would
modify the procedures and timeframes
related to considering formal
enforcement-related decisions through
the supervisory appeals process.
[FR Doc. 2020–19197 Filed 8–31–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
RIN 3064–ZA20]
Guidelines for Appeals of Material
Supervisory Determinations
Federal Deposit Insurance
Corporation.
ACTION: Notice and request for comment.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
SUMMARY: The Federal Deposit
Insurance Corporation proposes to
amend its Guidelines for Appeals of
Material Supervisory Determinations
(Guidelines) to establish an independent
office that would generally replace the
existing Supervision Appeals Review
Committee (SARC) and to modify the
procedures and timeframes for
considering formal enforcement-related
decisions through the supervisory
appeals process.
DATES: Written comments must be
received by the FDIC on or before
October 20, 2020, for consideration.
ADDRESSES: Interested parties are
invited to submit written comments,
identified by RIN 3064–ZA20, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency website: https://
www.fdic.gov/regulations/laws/federal/.
Follow the instructions for submitting
comments.
• Email: Comments@FDIC.gov.
Include ‘‘RIN 3064–ZA20’’ in the
subject line of the message.
VerDate Sep<11>2014
20:01 Aug 31, 2020
Jkt 250001
SUPPLEMENTARY INFORMATION:
Background
Section 309(a) of the Riegle
Community Development and
Regulatory Improvement Act of 1994
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
54377
(Riegle Act) required the FDIC (as well
as the other Federal banking agencies
and the National Credit Union
Administration) to establish an
‘‘independent intra-agency appellate
process’’ to review material supervisory
determinations.1 The Riegle Act defines
the term ‘‘independent appellate
process’’ to mean ‘‘a review by an
agency official who does not directly or
indirectly report to the agency official
who made the material supervisory
determination under review.’’ 2 In the
appeals process, the FDIC is required to
ensure that: (1) An IDI’s appeal of a
material supervisory determination is
heard and decided expeditiously; and
(2) appropriate safeguards exist for
protecting appellants from retaliation by
agency examiners.3
The Riegle Act defines material
supervisory determinations to include
determinations relating to: (1)
Examination ratings; (2) the adequacy of
loan loss reserve provisions; and (3)
classifications on loans that are
significant to an institution.4
Specifically excluded from this
definition are decisions to appoint a
conservator or receiver for an IDI or to
take prompt corrective action pursuant
to Section 38 of the Federal Deposit
Insurance Act (FDI Act), 12 U.S.C.
1831o.5 Finally, Section 309(g) of the
Riegle Act expressly provides that the
requirement to establish an appeals
process shall not affect the authority of
the Federal banking agencies to take
enforcement or supervisory actions
against an IDI.6
A. Structure of the Supervisory Appeals
Review Committee
On March 21, 1995, the Board
adopted the Guidelines to implement
Section 309(a). The Board, at that time,
established the SARC to consider and
decide appeals of material supervisory
determinations.7 The SARC was
initially comprised of five members:
The FDIC’s Vice Chairperson (as
Chairperson of the SARC), the Director
of the Division of Supervision (DOS)
(the predecessor to RMS), the Director of
the Division of Compliance and
Consumer Affairs (DCA) (the
predecessor to DCP), the FDIC
Ombudsman, and the General Counsel.8
1 12
U.S.C. 4806(a).
U.S.C. 4806(f)(2).
3 12 U.S.C. 4806(b).
4 12 U.S.C. 4806(f)(1)(A).
5 12 U.S.C. 4806(f)(1)(B).
6 12 U.S.C. 4806(g).
7 60 FR 15923 (Mar. 28, 1995).
8 60 FR 15923, 15930. Committee members could
also designate another person to serve on their
behalf.
2 12
E:\FR\FM\01SEN1.SGM
01SEN1
]]>Agencies
[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Notices]
[Pages 54376-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19197]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[CERCLA 01-2020-0054; FRL-10014-18-Region 1]
Proposed Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) Administrative Settlement Agreement and Order on
Consent: City of Somerville, Conway Park Site, Somerville,
Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comments.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Environmental Protection
Agency (``EPA''), has entered into a proposed settlement, embodied in
an Administrative Settlement Agreement and Order on Consent
(``Settlement Agreement''), with settling party City of Somerville,
Massachusetts (``Somerville''), with respect to the Conway Park Site,
located in Somerville, Middlesex County, Massachusetts (``Conway Park
Site''). Under the settlement, Somerville will perform part of the
removal action, in coordination with EPA, as set forth in the June 15,
2020 Action Memorandum for the Site. This notice applies to a
compromise of up to $3 million in direct and indirect EPA costs
associated with EPA's contribution to the removal action at the Site.
The Settlement Agreement also resolves Somerville's liability for work
performed and future response costs.
DATES: Comments must be submitted by October 1, 2020.
ADDRESSES: Comments should be addressed to Cynthia Lewis, Senior
Enforcement Counsel, U.S. Environmental Protection Agency, 5 Post
Office Square, Suite 100 (ORC 04-4), Boston, MA 02109-3912 (Telephone
number: (617) 918-1889) and should reference the Conway Park Site, U.S.
EPA Docket No: CERCLA 01-2020-0054.
FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from Stacy Greendlinger, Superfund and Emergency Management
Division, U.S. Environmental Protection Agency, Region I, 5 Post Office
Square, Suite 100 (02-2), Boston, MA 02109-3912, Telephone number:
(617) 918-1403; email address: [email protected].
SUPPLEMENTARY INFORMATION: Notice of this proposed Settlement Agreement
is made in accordance with section 122(i) of CERCLA, 42 U.S.C. 9622(i).
The Settlement Agreement is an administrative settlement agreement made
in accordance with sections 104, 106(a), 107, and 122 of CERCLA, and
includes a compromise of EPA response costs, under CERCLA sections
107(a) and the authority of the Attorney General of the United States
to compromise and settle claims of the United States, with Somerville
concerning the Conway Park Site. The Settlement Agreement includes a
covenant not to sue pursuant to sections 106 (for the work) and 107(a)
(for future response costs and EPA costs to perform the work up to the
amount of $3 million) of CERCLA, 42 U.S.C. 9606 and 9607(a), relating
to the Site, and protection from contribution actions or claims as
provided by sections 113(f)(2) and 1229(h)(4) of CERCLA. Pursuant to
the terms of the proposed settlement, EPA has reserved its right to
recover any costs incurred to perform the removal action that are above
the amount of $3 million, as well as EPA's past costs. The Settlement
Agreement has been approved by the Environmental and Natural Resources
Division of the United States Department of Justice.
For 30 days following the date of publication of this document, the
Agency will receive written comments relating solely to the cost
compromise component of the settlement under CERCLA section 107(a) (the
compromise of up to $3 million in direct and indirect EPA costs
associated with EPA's contribution to the implementation of a removal
action at the Site). Section XIV (Payment of Response Costs) of the
Settlement Agreement will become
[[Page 54377]]
effective when EPA notifies Somerville that the public comment period
has closed and that such comments, if any, do not require that EPA
modify or withdraw from consent to Section XIV (Payment of Response
Costs) of this Agreement. The United States will consider all comments
received and may seek to modify or withdraw consent from the cost
compromise contained in the proposed settlement if comments received
disclose facts or considerations which indicate that the cost
compromise contained in the settlement is inappropriate, improper, or
inadequate. The Agency's response to any comments received will be
available for public inspection at the Environmental Protection
Agency--Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.
Bryan Olson,
Director, Superfund and Emergency Management Division.
[FR Doc. 2020-19197 Filed 8-31-20; 8:45 am]
BILLING CODE 6560-50-P
