[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Notices]
[Pages 15173-15174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7507]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL: 7474-7]


Proposed Covenant Not To Sue Under CERCLA Section 122(h) 
Contained in Administrative Order on Consent, Index No. CERCLA-02-2002-
2025, Shenandoah Road Groundwater Contamination Superfund Site, East 
Fishkill, Dutchess County, NY

AGENCY: Environmental Protection Agency.

ACTION: Notice; request 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

[[Page 15174]]

U.S.C. 9622(i), notice is hereby given of a proposed covenant not to 
sue under section 122(h) of CERCLA, 42 U.S.C. 9622(h), contained in 
Administrative Order on Consent, Index No. CERCLA-02-2002-2025 
(``Order''), that has been issued in connection with the Shenandoah 
Road Groundwater Contamination Superfund Site, East Fishkill, Dutchess 
County, New York (``Site''). The Order was issued on September 27, 
2002, by the U.S. Environmental Protection Agency (``EPA'' or the 
``Agency''). Under the Order, International Business Machines 
Corporation (``IBM'') will conduct a remedial investigation and 
feasibility study (``RI/FS'') for the Site and reimburse EPA for the 
costs of overseeing the work. Pursuant to Paragraph 75 of the Order, 
EPA is granting IBM a covenant not to sue for $150,000 of EPA's past 
response costs. For thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
covenant not to sue. The Agency will consider all comments received and 
may modify or withdraw its consent to the covenant not to sue if 
comments received disclose facts or considerations that indicate that 
the proposed covenant not to sue is inappropriate, improper, or 
inadequate. The Agency's response to any comments received will be 
available for public inspection at EPA, Region II, 290 Broadway, New 
York, New York 10007-1866.

DATES: Comments must be submitted on or before April 28, 2003.

ADDRESSES: The Order containing the proposed covenant not to sue is 
available for public inspection at the United States Environmental 
Protection Agency, 290 Broadway, New York, New York 10007-1866. A copy 
of the Order containing the proposed covenant not to sue may also be 
obtained from Laura Y. McDavid, Assistant Regional Counsel, New York/
Caribbean Superfund Branch, Office of Regional Counsel, 17th Floor, 290 
Broadway, New York, New York 10007-1866. Requests for a copy of the 
Order should reference Index No. CERCLA-02-2002-2025. Any comments or 
requests should be addressed to Ms. McDavid and should reference the 
Shenandoah Road Groundwater Contamination Superfund Site, East 
Fishkill, Dutchess County, New York.

FOR FURTHER INFORMATION CONTACT: Laura Y. McDavid, 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 10007-1866. Telephone: 212-637-3179.

    Dated: March 19, 2003.
William J. Muszynski, P.E.,
Deputy Regional Administrator, U.S. Environmental Protection Agency, 
Region II.
[FR Doc. 03-7507 Filed 3-27-03; 8:45 am]
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