[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43073-43074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17886]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9703-5]


Proposed CERCLA Section 122(h) Settlement Relating to the Jewett 
White Lead Company Superfund Site (``Site''), Located on Staten Island, 
Richmond 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''), notice is hereby given by the U.S. Environmental 
Protection Agency (``EPA''), Region 2, of a proposed Administrative 
Settlement Agreement (``Agreement'') pursuant to Section 122(h)(1) of 
CERCLA, and the inherent settlement authority of the United States with 
NL Industries, Inc. (the ``Settling Party''). Settling Party is a 
potentially responsible party, pursuant to Section 107(a) of CERCLA, 
and thus is potentially liable for response costs incurred or to be 
incurred at or in connection with the Jewett White Lead Company 
Superfund Site (``Site''), located on Staten Island, Richmond County, 
New York. Based upon Settling Party's commitment to provide this 
funding to EPA, as set forth in the Agreement, EPA intends to perform 
or finance this removal action. Within 10 days after the effective 
date, Settling Party agrees to pay to EPA $1,374,000. Thereafter, 
Settling Party shall pay an additional $176,000 six months after the 
effective date of the Agreement. For thirty (30) days following the 
date of publication of this notice, EPA will receive written comments 
relating to the proposed Agreement.

SUPPLEMENTARY INFORMATION: 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 Administrative Settlement Agreement (``Agreement'') 
pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and the 
inherent settlement authority of the United States with NL Industries, 
Inc. (the ``Settling Party''). Settling Party is a potentially 
responsible party, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), and thus is potentially liable for response costs incurred or 
to be incurred at or in connection with the Jewett White Lead Company 
Superfund Site (``Site''), located on Staten Island, Richmond County, 
New York. The Site includes two parcels of land separated by an active 
roadway, one located at 2000-2012 Richmond Terrace, and the other at 
2015 Richmond Terrace, in the Port Richmond area of the north shore of 
Staten Island, New York. EPA and Settling Party seek through this 
proposed Agreement to enable Settling Party to finance the performance 
of EPA's documented removal action of excavation and off-site disposal 
of contaminated soils at the 2000-2012 Richmond Terrace portion of the 
Site. Based upon Settling Party's commitment to provide this funding to 
EPA, as set forth in the Agreement, EPA intends to perform or finance 
this removal action. Within 10 days after the effective date, Settling 
Party agrees to pay to EPA $1,374,000. Thereafter, Settling Party shall 
pay an additional $176,000 six months after the effective date of the 
Agreement. The proposed Agreement includes a covenant by EPA not to sue 
or take administrative action against Settling Party pursuant to 
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to

[[Page 43074]]

this specific removal action which EPA intends to perform at the 2000-
2012 Richmond Terrace portion of the Site. For thirty (30) days 
following the date of publication of this notice, EPA will receive 
written comments relating to the proposed Agreement. EPA will consider 
all comments received and may modify or withdraw its consent to the 
Agreement if comments received disclose facts or considerations that 
indicate that the proposed Agreement 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 August 22, 2012.

ADDRESSES: The Agreement is available for public inspection at EPA 
Region 2 offices at 290 Broadway, New York, New York 10007-1866. 
Comments should reference the Jewett White Lead Company Superfund Site 
(``Site''), located on Staten Island, Richmond County, New York. Index 
No. II-CERCLA-02-2012-2016. To request a copy of the Agreement, please 
contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Henry Guzm[aacute]n, 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: 212-637-3166.

    Dated: July 3, 2012.
Walter E. Mugdan,
Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 2012-17886 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P