[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Notices]
[Page 9164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5416]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL 5435-3]


Notice of Proposed Agreement and Covenant Not To Sue Under the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
Regarding the SMS Instruments, Inc. Site, Deer Park, New York

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative agreement and opportunity for 
public comment.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') Region II 
announces a proposed administrative agreement pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended (``CERCLA''), relating to the SMS Instruments, Inc. 
Superfund Site (the ``Site'') in Deer Park, Suffolk County, New York. 
This Site is on the National Priorities List established pursuant to 
Section 105(a) of CERCLA. EPA is implementing a remedy at the Site 
pursuant to a 1989 Record of Decision. This notice is being published 
to inform the public of the proposed Agreement and Convenant Not to Sue 
(``Agreement'') and of the opportunity to comment.
    The Agreement is being entered into by EPA and Fernanda 
Manufacturing, Inc. (the ``Settling Respondent''). In 1995, the 
Settling Respondent entered into a lease agreement with the owner of 
the real property at the Site. The Settling Respondent had no 
involvement with the Site prior to entering into this lease, and did 
not contribute any hazardous substances to the Site prior to the date 
of the lease. Under the Agreement, the United States covenants not to 
sue the Settling Respondent under Sections 106 and 107(a) of CERCLA 
with respect to the pre-existing contamination at the Site (subject to 
certain reservation of rights). The Settling Respondent, in turn, 
commits, among other things, to provide access to EPA, cooperate with 
EPA in the implementation of response actions at the Site, exercise due 
care with respect to the pre-existing contamination, and make timely 
rental payments under the lease.

DATES: EPA will accept written comments relating to the proposed 
Agreement for a period of thirty days from the date of publication of 
this notice.

ADDRESSES: Comments should be sent to the individual listed below. 
Comments should reference the SMS Instruments, Inc. Site. For a copy of 
the Agreement, contact the individual listed below.

FOR FURTHER INFORMATION CONTACT: Paul Simon, Section Chief, 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) 637-3172.

    Dated: February 16, 1996.
William Muszynski,
Acting Regional Administrator.
[FR Doc. 96-5416 Filed 3-6-96; 8:45 am]
BILLING CODE 6560-50-M