[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Notices]
[Pages 54376-54377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19197]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA 01-2020-0054; FRL-10014-18-Region 1]


Proposed Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) Administrative Settlement Agreement and Order on 
Consent: City of Somerville, Conway Park Site, Somerville, 
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comments.

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SUMMARY: Notice is hereby given that the Environmental Protection 
Agency (``EPA''), has entered into a proposed settlement, embodied in 
an Administrative Settlement Agreement and Order on Consent 
(``Settlement Agreement''), with settling party City of Somerville, 
Massachusetts (``Somerville''), with respect to the Conway Park Site, 
located in Somerville, Middlesex County, Massachusetts (``Conway Park 
Site''). Under the settlement, Somerville will perform part of the 
removal action, in coordination with EPA, as set forth in the June 15, 
2020 Action Memorandum for the Site. This notice applies to a 
compromise of up to $3 million in direct and indirect EPA costs 
associated with EPA's contribution to the removal action at the Site. 
The Settlement Agreement also resolves Somerville's liability for work 
performed and future response costs.

DATES: Comments must be submitted by October 1, 2020.

ADDRESSES: Comments should be addressed to Cynthia Lewis, Senior 
Enforcement Counsel, U.S. Environmental Protection Agency, 5 Post 
Office Square, Suite 100 (ORC 04-4), Boston, MA 02109-3912 (Telephone 
number: (617) 918-1889) and should reference the Conway Park Site, U.S. 
EPA Docket No: CERCLA 01-2020-0054.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may 
be obtained from Stacy Greendlinger, Superfund and Emergency Management 
Division, U.S. Environmental Protection Agency, Region I, 5 Post Office 
Square, Suite 100 (02-2), Boston, MA 02109-3912, Telephone number: 
(617) 918-1403; email address: [email protected].

SUPPLEMENTARY INFORMATION: Notice of this proposed Settlement Agreement 
is made in accordance with section 122(i) of CERCLA, 42 U.S.C. 9622(i). 
The Settlement Agreement is an administrative settlement agreement made 
in accordance with sections 104, 106(a), 107, and 122 of CERCLA, and 
includes a compromise of EPA response costs, under CERCLA sections 
107(a) and the authority of the Attorney General of the United States 
to compromise and settle claims of the United States, with Somerville 
concerning the Conway Park Site. The Settlement Agreement includes a 
covenant not to sue pursuant to sections 106 (for the work) and 107(a) 
(for future response costs and EPA costs to perform the work up to the 
amount of $3 million) of CERCLA, 42 U.S.C. 9606 and 9607(a), relating 
to the Site, and protection from contribution actions or claims as 
provided by sections 113(f)(2) and 1229(h)(4) of CERCLA. Pursuant to 
the terms of the proposed settlement, EPA has reserved its right to 
recover any costs incurred to perform the removal action that are above 
the amount of $3 million, as well as EPA's past costs. The Settlement 
Agreement has been approved by the Environmental and Natural Resources 
Division of the United States Department of Justice.
    For 30 days following the date of publication of this document, the 
Agency will receive written comments relating solely to the cost 
compromise component of the settlement under CERCLA section 107(a) (the 
compromise of up to $3 million in direct and indirect EPA costs 
associated with EPA's contribution to the implementation of a removal 
action at the Site). Section XIV (Payment of Response Costs) of the 
Settlement Agreement will become

[[Page 54377]]

effective when EPA notifies Somerville that the public comment period 
has closed and that such comments, if any, do not require that EPA 
modify or withdraw from consent to Section XIV (Payment of Response 
Costs) of this Agreement. The United States will consider all comments 
received and may seek to modify or withdraw consent from the cost 
compromise contained in the proposed settlement if comments received 
disclose facts or considerations which indicate that the cost 
compromise contained in the settlement is inappropriate, improper, or 
inadequate. The Agency's response to any comments received will be 
available for public inspection at the Environmental Protection 
Agency--Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.

Bryan Olson,
Director, Superfund and Emergency Management Division.
[FR Doc. 2020-19197 Filed 8-31-20; 8:45 am]
BILLING CODE 6560-50-P