[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Page 52942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21548]



[[Page 52942]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9194-7]


Two Proposed CERCLA Section 122(g) Administrative Agreements for 
De Minimis Settlements 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 two 
proposed de minimis administrative agreements pursuant to Section 
122(g) of CERCLA, 42 U.S.C. 9622(g). One settlement is between EPA and 
the Metropolitan Transportation Authority-New York City Transit 
Authority (``MTA-NYCTA'') and Tyson Foods, Inc. (``Tyson''), 
hereinafter referred to as the ``MTA-Tyson Settlement.'' The second 
settlement is between EPA and MG Automation and Controls Corporation 
(``MG'') and Occidental Chemical Corporation (``OxyChem''), hereinafter 
referred to as the ``MG-OxyChem Settlement.'' Both settlements pertain 
to the Mercury Refining Superfund Site (``Site'') located in the Towns 
of Guilderland and Colonie, Albany County, New York. The MTA-Tyson 
Settlement requires that MTA-NYCTA pay $67,844.54, and that Tyson pay 
$32,684.84. The MG-OxyChem Settlement requires MG to pay $39,946.45 and 
OxyChem to pay $20,741.84. All payments will be paid to the EPA 
Hazardous Substance Superfund Mercury Refining Superfund Site Special 
Account. 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. Each 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 settlements. EPA will consider all comments received and may 
modify or withdraw its consent to one or both of the settlements if 
comments received disclose facts or considerations that indicate that 
one or both of the proposed settlements are 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 29, 2010.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region II offices at 290 Broadway, New York, New York 10007-
1866. Comments on the MTA-Tyson settlement should reference the Mercury 
Refining Superfund Site, Index No. CERCLA-02-2010-2002. Comments on the 
MG-OxyChem settlement should reference the Mercury Refining Superfund 
Site, Index No. CERCLA-02-2010-2013. To request a copy of either 
settlement agreement, please contact Sharon E. Kivowitz at the address 
identified below. All comments should be submitted to Sharon E. 
Kivowitz at the address 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].

    Dated: August 18, 2010.
Walter Mugdan,
Director, Emergency and Remedial Response Division, EPA, Region 2.
[FR Doc. 2010-21548 Filed 8-27-10; 8:45 am]
BILLING CODE 6560-50-P