[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Notices]
[Page 59528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20812]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-02-2020-2012; FRL 10014-52-Region 2]


Proposed CERCLA Cost Recovery Settlement for the Charlestown Mall 
Site, Utica and Frankfort, Oneida and Herkimer Counties, New York

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with 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 cost recovery settlement agreement 
pursuant to CERCLA with Charlestown Mall of Utica, LLC (the ``Settling 
Party'') for the Charlestown Mall Site, consisting of two adjacent 
parcels, one in the City of Utica, Oneida County, New York, the other 
in the Town of Frankfort, Herkimer County, New York.

DATES: Comments must be submitted on or before October 22, 2020.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region 2 offices at 290 Broadway, New York, New York 10007-1866. 
Comments should reference the Charlestown Mall Site, located in Utica 
and Frankfort, Oneida and Herkimer Counties, New York, Index No. 
CERCLA-02-2020-2012. To request a copy of the proposed settlement 
agreement, please contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Henry Guzman, Attorney, Office of 
Regional Counsel, New York/Caribbean Superfund Branch, U.S. 
Environmental Protection Agency, 290 Broadway, 17th Floor, New York, NY 
10007-1866. Email: [email protected], Telephone: 212-637-3166.

SUPPLEMENTARY INFORMATION: The Settling Party will pay $30,000 to the 
EPA Hazardous Substance Superfund in reimbursement of EPA's past 
response costs paid at or in connection with the Site, and it also 
agrees to market and sell those portions of the Site property owned by 
the Settling Party (``Site Property'') and pay to EPA the net proceeds 
from the sale of the Site Property.
    The settlement 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 the response costs 
related to the work performed at the Site by EPA as enumerated in the 
settlement agreement. For thirty (30) days following the date of 
publication of this notice of the proposed settlement, 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 2, 290 Broadway, New York, New York 
10007-1866.

    Dated: September 14, 2020.
Pasquale Evangelista,
Director, Superfund & Emergency Management Division, U.S. Environmental 
Protection Agency, Region 2.
[FR Doc. 2020-20812 Filed 9-21-20; 8:45 am]
BILLING CODE 6560-50-P