[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Notices]
[Pages 6374-6375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3720]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5425-6]


Proposed Settlement Pursuant to Section 122(g) of the 
Comprehensive Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and opportunity 
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), 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 Bern Metals Superfund 
Site (``Site''). The Site is located in the City of Buffalo, Erie 
County, New York State. 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 administrative settlement has been memorialized in an 
Administrative Order on Consent (``Order'') between EPA and New York 
State Electric & Gas Corporation (``Respondent''). This Order will 
become effective after the close of the public comment period, unless 
comments received disclose facts or considerations which indicate that 
this Agreement is inappropriate, improper or inadequate, and EPA, in 
accordance with Section 122(i)(3) of CERCLA, modifies or withdraws its 
consent to this Agreement. Under the Order, the Respondent will be 
obligated to pay $10,000 to the Hazardous Substance Superfund in 
reimbursement of its share of EPA's response costs relating to the Site 
plus a premium.
    Pursuant to CERCLA Section 122(h)(1), 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.

DATES: Comments must be provided on or before March 21, 1996.


[[Page 6375]]

ADDRESSES: Comments should be addressed to the U.S. Environmental 
Protection Agency, Office of Regional Counsel, New York/Caribbean 
Superfund Branch, 17th Floor, 290 Broadway, New York, New York 10007 
and should refer to: ``Bern Metals Superfund Site, U.S. EPA Index No. 
II CERCLA-95-0218''. For a copy of the settlement document, contact the 
individual listed below.

FOR FURTHER INFORMATION CONTACT: Jean H. Regna, 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. Telephone: (212) 637-3164.

    Dated: December 12, 1995.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 96-3720 Filed 2-16-96; 8:45 am]
BILLING CODE 6560-50-P