[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Page 27790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13729]




Proposed CERCLA Section 122(h) Ability-to-Pay Settlement Relating 
to the Crumb Trailer Park Superfund Site, Village of West Winfield, 
Herkimer County, NY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.


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), notice is hereby given by the 
U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed 
settlement agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 
9622(h), in accordance with EPA ``ability-to-pay'' policies, with 
Crumb's Trailer Park, LLC (the ``Settling Party''), a New York limited 
liability corporation which is a potentially responsible party, 
pursuant to CERCLA, for a removal response action conducted by EPA at 
the Crumb Trailer Park Superfund Site (``Site'') in the Village of West 
Winfield, Herkimer County, New York. The Site includes a 2.6-acre 
parcel of real property that had been occupied as a mobile home 
facility. The removal response action included the placement of a soil 
cover over contaminated soils at the Site, the imposition of 
institutional controls to prohibit residential use of the Site and the 
relocation, pursuant to the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), of 
the residents of the mobile home facility at the Site to an adjacent 
mobile home facility on property owned by the Settling Party. EPA has 
estimated the value of the settlement at $132,600. Pursuant to the 
settlement, the Settling Party will lease to the relocated residents at 
their existing rents for at least forty-two (42) months, will impose 
institutional controls at the Site property to prohibit residential use 
of that property and will perform specified post-removal Site controls. 
The settlement includes a covenant by EPA not to sue nor to take 
administrative action against the Settling Party pursuant to Sections 
106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to the 
Site. 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 
offices, 290 Broadway, New York, New York 10007-1866.

DATES: Comments must be submitted on or before July 13, 2009.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region 2 offices at 290 Broadway, New York, New York 10007-1866. 
Comments should reference the Crumb Trailer Park Superfund Site, 
Village of West Winfield, Herkimer County, Index No. CERCLA-02-2009-
2004. To request a copy of the proposed settlement agreement, please 
contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 290 Broadway, 17th 
Floor, New York, New York 10007-1866. Telephone: 212-637-3168.

    Dated: May 27, 2009.
John E. LaPadula,
Acting Director, Emergency and Remedial Response, Division, Region 2.
[FR Doc. E9-13729 Filed 6-10-09; 8:45 am]