[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42301-42302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20212]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8947-5]


Proposed CERCLA Section 122(g) Administrative Agreement for De 
Minimis Settlement for the Mercury Refining Superfund Site, Towns of 
Guilderland and Colonie, Albany 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 U.S.C. 9622(i), notice is hereby given by the 
U.S. Environmental Protection Agency (``EPA''), Region II, of a 
proposed de minimis administrative agreement pursuant to Section 122(g) 
of CERCLA, 42 U.S.C. 9622(g), between EPA and two hundred ninety one 
(291) settling parties pertaining to the Mercury Refining Superfund 
Site (``Site'') located in the Towns of Guilderland and Colonie, Albany 
County, New York. The settlement requires specified individual payments 
by each settling party to the EPA Hazardous Substance Superfund Mercury 
Refining Superfund Site Special Account, which combined total 
$3,743,361.69. Each settling party's individual settlement amount is 
considered to be that party's fair share of cleanup costs incurred and 
anticipated to be incurred in the future, plus a ``premium'' that 
accounts for, among other things, uncertainties associated with the 
costs of that future work at the Site. The settlement includes a 
covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 
U.S.C. 9606 and 9607, relating to the Site, subject to limited 
reservations, and protection from contribution actions or claims as 
provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 
9613(f)(2) and 9622(g)(5). 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 II, 290 Broadway, New York, New York 10007-1866.

DATES: Comments must be submitted on or before September 21, 2009.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region II offices at 290 Broadway, New York, New York 10007-
1866. Comments should reference the Mercury Refining Superfund Site, 
Index No. CERCLA-02-2009-2006. To request a copy of the proposed 
settlement agreement, please contact the individual identified below.

FOR FURTHER INFORMATION CONTACT: Sharon E. Kivowitz, 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: 212-637-3183. E-
Mail: [email protected].


[[Page 42302]]


    Dated: August 11, 2009.
John S. Frisco,
Acting Director, Emergency and Remedial Response Division, EPA, Region 
2.
[FR Doc. E9-20212 Filed 8-20-09; 8:45 am]
BILLING CODE 6560-50-P