[Federal Register Volume 68, Number 206 (Friday, October 24, 2003)]
[Notices]
[Page 60990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26924]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7578-2]


Agreement for Recovery of Past Response Costs and Covenant Not To 
Sue Under the Comprehensive Environmental Response, Compensation, and 
Liability Act Regarding the Universal Oil Products Superfund Site, East 
Rutherford, NJ

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and 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 U.S.C. 9601 et seq., the U.S. Environmental 
Protection Agency (``EPA'') announces a proposed administrative 
settlement to resolve claims under CERCLA. This settlement is intended 
to resolve the liability of responsible parties for certain past 
response costs incurred by EPA at the Universal Oil Products (Chemical 
Division) Superfund Site, East Rutherford, New Jersey (``Site''). The 
proposed administrative settlement is contained in an Agreement for 
Recovery of Past Response Costs (``Agreement'') between Honeywell 
International Inc., Honeywell Specialty Materials, LLC (``the Settling 
Parties'') and EPA. By this Notice, EPA is informing the public of the 
proposed settlement and of the opportunity to comment.
    The soil and groundwater at the approximately 75-acre Site became 
contaminated with hazardous substances from the operations of a former 
chemical manufacturing facility. The New Jersey Department of 
Environmental Protection (NJDEP) is the lead agency responsible for 
cleanup of the Site, and EPA serves as the support agency. With EPA's 
concurrence, NJDEP issued a Record of Decision selecting interim soil 
and groundwater remedies for the Site. The interim soil and groundwater 
remedies were completed in 2001. Further studies will be required to 
select a final remedy for the Site.
    Section 122(h) of CERCLA authorizes EPA to consider, compromise and 
settle certain claims incurred by the United States. Under the terms of 
the Agreement, the Settling Parties will pay a total of $219,491.64 to 
reimburse EPA for certain response costs incurred at the Site. In 
exchange, EPA will grant a covenant not to sue or take administrative 
action against the Settling for reimbursement of past-response costs 
pursuant to Section 107(a) of CERCLA.
    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 that indicate the proposed 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. Environmental Protection Agency, Office of Regional Counsel, 290 
Broadway--17th Floor, New York, New York 10007-1866. Telephone: (212) 
637-3111.

DATES: Comments must be provided by November 24, 2003.

ADDRESSES: Comments should be sent to the U.S. Environmental Protection 
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York, 
NY 10007-1866 and should refer to: Universal Oil Products (Chemical 
Division) Superfund Site, U.S. EPA Index No. CERCLA-02-2003-2019.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, New 
York 10007-1866. Telephone: (212) 637-3111.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
settlement may be obtained in person or by mail from John Prince, U.S. 
Environmental Protection Agency, 290 Broadway--19th Floor, New York, NY 
10007-1866. Telephone: (212) 637-4380.

    Dated: October 2, 2003.
George Pavlou,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 03-26924 Filed 10-23-03; 8:45 am]
BILLING CODE 6560-50-P