[Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28707]


[[Page Unknown]]

[Federal Register: November 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5110-6]

 

Notice of Proposed Administrative De Minimis Settlement Pursuant 
to Section 122(g)(4) of the Comprehensive Environmental Response, 
Compensation, and Liability Act Regarding the Niagara County Refuse 
Superfund Site, Niagara County, NY

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed de minimis settlement and opportunity 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), the U.S. Environmental 
Protection Agency (``EPA''), Region II announces a proposed 
administrative de minimis settlement pursuant to Section 122(g)(4) of 
CERCLA, 42 U.S.C. 9622(g)(4), relating to the Niagara County Refuse 
Superfund Site (``Site''). The Site is located in the Town of 
Wheatfield and City of North Tonawanda, Niagara County, New York and is 
on the National Priorities List established under Section 105 of 
CERCLA. This notice is being published pursuant to Section 122(i) of 
CERCLA to inform the public of the proposed settlement and of the 
opportunity to comment. EPA will consider any comments received during 
the comment period and may withdraw or withhold consent to the proposed 
settlement if comments disclose facts or considerations which indicate 
that the proposed settlement is inappropriate, improper or inadequate.
    The proposed de minimis settlement will be memorialized in an 
Administrative Order on Consent (``Order'') between EPA and eleven 
settling parties (``Respondents''). Under the Order, the Respondents 
will be obligated to pay an aggregate of $793,866 to the Hazardous 
Substances Superfund. The amount required to be paid by each settling 
party represents the share attributable to such Respondent of projected 
total response costs at the Site, based upon the Respondent's estimated 
volumetric contribution, plus a premium to account for the potential of 
cost overruns, the potential of failure of the selected remedy and 
other risks.
    Pursuant to CERCLA Section 122(g)(4), the Order may not be issued 
without the prior written approval of the Attorney General or her 
designee. In accordance with that requirement, the Attorney General or 
her designee has approved the proposed administrative order in writing.
    EPA intends to settle with other potentially responsible parties 
concerning the performance of the remedy selected for the Site and 
concerning payment of additional amounts to EPA in respect of past 
costs.

DATES: Comments must be submitted on or before December 21, 1994.

ADDRESSES: Comments should be addressed to the U.S. Environmental 
Protection Agency, Office of Regional Counsel, New York/Caribbean 
Superfund Branch, Room 437, 26 Federal Plaza, New York City, New York 
10278 and should refer to: ``Niagara County Refuse Superfund Site, U.S. 
EPA Index No. II CERCLA-94-0213''. For a copy of the settlement 
document, contact the individual listed below.

FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 26 Federal Plaza, Room 
437, New York, New York 10278, Telephone: (212) 264-3348.

    Dated: November 7, 1994.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 94-28707 Filed 11-18-94; 8:45 am]
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