[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Notices]
[Page 39810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14004]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8441-5]


Proposed Amendment to CERCLA Section 122(h) Administrative 
Agreement for the Lower Passaic River Study Area Portion of the Diamond 
Alkali Superfund Site, Located in and About Essex, Hudson, Bergen and 
Passaic Counties, NJ

AGENCY: Environmental Protection Agency.

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

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
proposing to enter into an amendment to an administrative settlement 
that resolved certain claims under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (CERCLA) 
pursuant to Section 122(h) of CERCLA, 42 U.S.C 9622(h). In accordance 
with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is being 
published to inform the public of the proposed amendment and of the 
opportunity to comment.
    The amendment will incorporate twenty-nine (29) additional Settling 
Parties into Settlement Agreement, CERCLA Docket No. 02-2004-2011, 
binding the new Settling Parties to the terms and conditions of the 
Settlement Agreement, which became effective on June 22, 2004. As a 
result of this amendment, and a previous amendment, effective on 
November 9, 2005, the total number of Settling Parties under the 
Settlement Agreement will be seventy-one (71).
    The new Settling Parties, and the previous Settling Parties, will 
be jointly and severally liable for the requirements of the Settlement 
Agreement, as amended, to pay up to $13,150,000 to fund EPA's 
performance of a remedial investigation and feasibility study (``RI/
FS'') for the Lower Passaic River Study Area of the Diamond Alkali 
Superfund Site. Of this amount, $10,750,000 has already been paid; the 
amendment will make available up to $2,400,000 in additional contingent 
funding for those aspects of the RI/FS that EPA is performing. The 
Settling Parties have also recently entered into an administrative 
order on consent with EPA under which they will take over performance 
of most aspects of the RI/FS.
    By entering into the amendment, the new Settling Parties will 
resolve their potential liability for Past Response Costs incurred in 
connection with the RI/FS (defined as those costs incurred through the 
effective date of the original Settlement Agreement, June 22, 2004, 
which total $2,829,802.62), as well as certain Future Response Costs 
incurred in connection with the RI/FS (those costs up to $13,150,000 
that the Settling Parties have collectively committed to pay).
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating to the settlement. 
EPA will consider all comments received and may modify or withdraw its 
consent to the settlement if comments received disclose facts or 
considerations that indicate that the proposed settlement is 
inappropriate, improper or inadequate.
    EPA's response to any comments received will be available for 
public inspection at EPA Region 2, 290 Broadway, 17th floor, New York, 
New York 10007-1866.

DATES: Comments must be submitted on or before August 20, 2007.

ADDRESSES: The proposed amendment is available on the internet at 
http://www.ourpassaic.org. Comments should reference the Lower Passaic 
River Study Area/Diamond Alkali Superfund Site, EPA Docket No. CERCLA-
02-2004-2011, and should be addressed to the individual identified 
below.

FOR FURTHER INFORMATION CONTACT: Sarah Flanagan, Assistant Regional 
Counsel, New Jersey Superfund Branch, Office of Regional Counsel, U.S. 
Environmental Protection Agency, 17th Floor, 290 Broadway, New York, 
New York 10007-1866. Telephone: 212-637-3136.

    Dated: June 18, 2007.
George Pavlou,
Division Director, Emergency and Remedial Response Division.
 [FR Doc. E7-14004 Filed 7-19-07; 8:45 am]
BILLING CODE 6560-50-P