[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Page 31611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12921]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9678-4]


Proposed CERCLA Section 122(g)(4) Administrative Agreement and 
Order on Consent 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 settlement agreement and order on 
consent pursuant to Section 122(g)(4) of CERCLA, 42 U.S.C. 9622(g)(4), 
between EPA and Recycle Technologies, Inc., American Lamp Recycling, 
LLC, Lighting Resources, LLC, Western Finger Lakes Solid Waste 
Management Authority, H-B Instrument Company, Inc. and H.J. Heinz 
Company (hereinafter ``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 $76,562.04. Each settling party's individual 
settlement amount is considered to be either 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, or the 
amount that EPA has determined the settling party can afford to pay. 
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 June 28, 2012.

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 be sent to the individual identified below and 
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. 
Email: [email protected].

    Dated: May 10, 2012.
Walter Mugdan,
Director, Emergency and Remedial Response Division, EPA, Region 2.
[FR Doc. 2012-12921 Filed 5-25-12; 8:45 am]
BILLING CODE 6560-50-P