[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Page 59218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20657]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9951-61-Region 2]


Proposed Settlement Pursuant to Section 122(h)(1) of CERCLA 
Relating to the Newstead Superfund Site, in the Town of Newstead, Erie 
County, New York.

AGENCY: Environmental Protection Agency (EPA).

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 2, of a proposed 
settlement agreement pursuant to Section 122(h) of CERCLA, entered into 
by and EPA, Region 2, and The Sherwin-Williams Company, (``Settling 
Party''), pertaining to the Newstead Superfund Site (``Site'') located 
in the Town of Newstead, Erie County, New York. Under the Settlement 
Agreement, the Settling Party agrees to pay EPA $1,000,000.00 in 
reimbursement of past response costs incurred at the Site.
    The Settlement Agreement includes a covenant by EPA not to sue or 
to take administrative action against the Settling Party pursuant to 
Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to Past 
Response Costs as defined in the Settlement Agreement. For thirty (30) 
days following the date of publication of this notice, EPA will receive 
written comments relating to the Settlement Agreement. EPA will 
consider all comments received and may modify or withdraw its consent 
to the Settlement Agreement if comments received disclose facts or 
considerations that indicate that the proposed Settlement 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 September 28, 2016.

ADDRESSES: The proposed Settlement Agreement is available for public 
inspection at EPA Region 2 offices at 290 Broadway, New York, New York 
10007-1866. A copy may also be obtained from Meredith D. Fishburn, 
Attorney-Advisor, Office of Enforcement & Compliance, Office of Site 
Remediation Enforcement, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave NW., Washington, DC 20460, 202-564-4790, 
[email protected]. Comments should reference the Newstead 
Superfund Site, Town of Newstead, Erie County, New York., Index No. 
CERCLA-02-2016-2015 and should be sent by mail or email to Meredith 
Fishburn, Newstead Superfund Site Attorney, at the above address.

FOR FURTHER INFORMATION CONTACT: Meredith D. Fishburn, Attorney-
Advisor, Office of Enforcement & Compliance, Office of Site Remediation 
Enforcement, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave NW., Washington, DC 20460, 202-564-4790, [email protected].

    Dated: August 18, 2016.
Walter Mugdan,
Director, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region 2.
[FR Doc. 2016-20657 Filed 8-26-16; 8:45 am]
 BILLING CODE 6560-50-P