[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Notices]
[Page 67019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32242]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5668-2]


Agreement and Covenant Not To Sue Pursuant to Sections 9601-9675 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative agreement 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 settlement under CERCLA for a ``prospective purchaser'' 
relating to a portion of the former Marathon Battery Company Superfund 
Site (``Site''). The Site is located in the Village of Cold Spring, 
Putnam County, New York City, New York. 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, which begins 
on December 20, 1996 and concludes on January 19, 1997, 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 
Agreement and Covenant Not to Sue (``Agreement'') between EPA and 
Scenic Hudson Land Trust, Inc. (``Respondent''). The Agreement will 
become effective after the close of the public comment period, unless 
comments received disclose facts or considerations which indicate that 
the Agreement is inappropriate, improper or inadequate, and EPA, in 
accordance with Section 122(i)(3) of CERCLA, modifies or withdraws its 
consent to the Agreement.
    Under the Agreement, the United States covenants not to sue or take 
any other civil or administrative action against Respondent for any and 
all civil liability, for injunctive relief or reimbursement of response 
costs pursuant to Sections 106 or 107(a) of CERCLA, 42 U.S.C. 
Secs. 9606 or 9607(a) with respect to existing contamination, below 
EPA's action levels, present on or under the property in East Foundry 
Cove and East Foundry Cove Marsh as of the effective date of the 
Agreement. In return, the Respondent has agreed to accept a deed 
restriction which permits access for monitoring and maintenance and 
protects the EPA-approved remedy.
    Pursuant to EPA guidance, the Agreement may not be issued without 
the written approval of the Attorney General or her designee. In 
accordance with that guidance, the Attorney General or her designee has 
approved the proposed Agreement in writing.

DATES: Comments must be provided on or before January 21, 1997.

ADDRESS: 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: ``Agreement and Covenant Not to Sue Scenic Hudson 
Land Trust, Incorporated, U.S. EPA Index No. II-CERCLA-97-0202''. For a 
copy of the settlement document, contact the individual listed below.

FOR FURTHER INFORMATION CONTACT: Beverly Kolenberg, 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) 637-3167.

    Dated: December 13, 1996.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 96-32242 Filed 12-18-96; 8:45 am]
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