[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Notices]
[Page 25190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11991]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5823-2]


Proposed Past Response Costs Provision, Part of an Administrative 
Order on Consent, Noticed Under Section 122(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act; In Re: The 
Galary Property Site, Fairhaven, MA

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed past response costs provision in an 
administrative order on consent, and request for public comment.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') has signed 
an administrative order on consent (``AOC'') with Cornell-Dubilier 
Electronics, Inc. (``CDE'') in which CDE has agreed to perform a 
removal action at the Galary Property Site, Fairhaven, Massachusetts 
(``Site''). The AOC contains a provision stating that the EPA will not 
sue CDE for recovery of the EPA's past response costs incurred in 
connection with the removal action or the AOC. The EPA is giving notice 
of this provision and is seeking public comment on it.

DATES: Comments must be provided on or before June 9, 1997.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region I, JFK Federal Building, 
Mailcode RCH, Boston, Massachusetts 02203, and should refer to: Past 
Response Cost Provision, Galary Property Site, Fairhaven, 
Massachusetts, CERCLA Docket No. I-97-1034.

FOR FURTHER INFORMATION CONTACT: Sharon C. Fennelly, U.S. Environmental 
Protection Agency, Region I, J.F.K. Federal Building, Mailcode HBR, 
Boston, Massachusetts 02203, (617) 223-5541.

SUPPLEMENTARY INFORMATION: On April 15, 1997, the EPA signed the above-
described AOC. The AOC contains a provision (the ``Past Response Cost 
Provision'') stating that the EPA will not sue or take administrative 
action under section 107(a) of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. Sec. 9607(a), against CDE for recovery of past 
response costs incurred by the EPA or the United States in connection 
with the removal action or the AOC, provided that certain conditions 
are met. ``Past response costs'' are defined elsewhere in the AOC to 
mean all costs incurred by the EPA and the United States in connection 
with the Site for the period of time up to and including the effective 
date of the AOC. The AOC's effective date is April 18, 1997.
    Notice of the Past Response Costs Provision (AOC Paragraph 48) is 
being published, and an opportunity for public comment being provided, 
in accordance with section 122(I) of CERCLA, 42 U.S.C. Sec. 9622(I). 
The public comment period will last thirty (30) days from the date of 
publication of this notice.
    The EPA will consider any public comments received during the 
thirty (30) day comment period before the EPA makes a final decision as 
to whether to accept the Past Response Cost Provision as part of the 
AOC. Should the EPA accept the Past Response Costs Provision, the EPA 
would do so under the authority of section 122(h) of CERCLA, 42 U.S.C. 
Sec. 9622(h), which provides the EPA with authority to consider, 
compromise, and settle a claim under section 107 of CERCLA, 42 U.S.C. 
Sec. 9607, for costs incurred by the United States if the claim has not 
been referred to the U.S. Department of Justice for further action.
    To facilitate public comment on the Past Response Cost Provision, 
the EPA will place the AOC, together with all exhibits, into the Docket 
for public inspection. Further, a copy of the AOC may be obtained in 
person or by mail from Sharon C. Fennelly, U.S. Environmental 
Protection Agency, Region I, J.F.K. Federal Building, Mailcode HBR, 
Boston, Massachusetts 02203, (617) 223-5541.
    The EPA's response to any comments received will be available for 
public inspection with the Docket Clerk, U.S. Environmental Protection 
Agency, Region I, JFK Federal Building, Mailcode RCH, Boston, 
Massachusetts 02203 (CERCLA Docket No. I-97-1034).

    Dated: May 1, 1997.
Frank Ciavattieri,
Acting Director of the Office of Site Remediation and Restoration.
[FR Doc. 97-11991 Filed 5-7-97; 8:45 am]
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