[Federal Register Volume 74, Number 156 (Friday, August 14, 2009)]
[Notices]
[Page 41130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19536]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8945-9]


Proposed Amendment to Administrative Order on Consent, Index No. 
CERCLA-02-2001-2020, Containing a Covenant Not To Sue Under CERCLA 
Section 122(h), Shenandoah Road Groundwater Contamination Superfund 
Site, East Fishkill, New York

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 U.S.C. 9622(i), notice is hereby given of a 
proposed settlement embodied in an amendment to an Administrative Order 
on Consent, Index No. CERCLA-02-2001-2020 (``Order''). The Order was 
issued to the International Business Machines Corporation (``IBM'') in 
connection with the Shenandoah Road Groundwater Contamination Superfund 
Site, East Fishkill, Dutchess County, New York (``Site''). The 
amendment to the Order was signed by the U.S. Environmental Protection 
Agency (``EPA'' or the ``Agency'') on June 15, 2009, and contains a 
covenant not to sue under Section 122(h) of CERCLA, 42 U.S.C. 9622(h). 
Under the proposed amendment, EPA is covenanting not to sue IBM for 
$50,000 of response costs, conditioned upon IBM's assistance to the 
Town of East Fishkill in acquiring waterline easements to properties at 
the Site, and upon IBM's performance of its obligations under the 
Order, including construction of an alternate water supply. For thirty 
(30) days following the date of publication of this notice, EPA will 
receive written comments relating to the amendment. EPA 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 2, 290 Broadway, New York, New York 10007-1866.

DATES: Comments must be submitted on or before September 14, 2009.

ADDRESSES: The amendment is available for public inspection at the 
United States Environmental Protection Agency, 290 Broadway, New York, 
New York 10007-1866. Comments should reference the Shenandoah Road 
Groundwater Contamination Superfund Site, East Fishkill, Dutchess 
County, New York, Index No. CERCLA-02-2001-2020. To request a copy of 
the amendment, please contact the individual identified below.

FOR FURTHER INFORMATION CONTACT: Carol Y. Berns, 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: 212-637-3177.

    Dated: July 31, 2009.
John S. Frisco,
Acting Director, Emergency and Remedial Response Division, EPA, Region 
2.
[FR Doc. E9-19536 Filed 8-13-09; 8:45 am]
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