[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12357-12358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03988]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-01-2023-0031; FRL-10685-01-R1]


Proposed CERCLA Administrative Settlement Agreement and Order on 
Consent: City of Salem, Mansell Field Site, Salem, 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 EPA has entered into a proposed 
settlement, embodied in an Administrative Settlement Agreement and 
Order on Consent, with the Settling Party, City of Salem, with respect 
to the Mansell Field Site, located in Salem, Essex County, 
Massachusetts. The settlement, which involves a mixed work and funding 
agreement with Salem, includes a proposed compromise of up to $1.841 
million in direct and indirect EPA costs associated with EPA's 
contribution to the implementation of a removal action at the Site, to 
which this notice applies. The settlement also resolves Salem's 
liability for work performed and future response costs. Under the 
settlement, Salem will perform part of the removal action, in 
coordination with EPA, and as set forth in the September 8, 2022 Action 
Memorandum for the Site.

DATES: Comments must be submitted by March 29, 2023.

ADDRESSES: Comments should be addressed to Michelle Lauterback, Senior 
Enforcement Counsel, U.S. Environmental Protection Agency, 5 Post 
Office Square, Suite 100 (ORC 04-4), Boston, MA 02109-3912, telephone 
number (617) 918-1774, email address: [email protected] and 
should reference the Mansell Field Site, U.S. EPA Docket No: CERCLA 01-
2023-0031.

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,

[[Page 12358]]

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 the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), 42 
U.S.C. 9622(i). This administrative settlement agreement is made in 
accordance with sections 104, 106, 107(a), 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 the Settling 
Party, City of Salem, concerning the Mansell Field Site. The proposed 
settlement, which involves a mixed work and funding agreement with the 
Settling Party, includes a compromise of up to $1.841 million in direct 
and indirect EPA costs associated with EPA's contribution to the 
implementation of a removal action at the 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 $1.841 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 
1229h)(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 $1.841 million, as well as 
EPA's past costs. The settlement 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 notice, 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 $1.841 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 effective when EPA notifies Salem 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.

Meghan Cassidy,
Deputy Director, Superfund and Emergency Management Division.
[FR Doc. 2023-03988 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P