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[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Page 40140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16071]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9830-3]

Proposed CERCLA Administrative Settlement Agreement and Order on 
Consent for the Mercury Refining Superfund Site, Towns of Guilderland 
and Colonie, Albany 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 
de minimis administrative settlement agreement and order on consent 
pursuant to Section 122(g)(4)of CERCLA, 42 U.S.C. 9622(g)(4). The 
settlement agreement includes settlement of penalties under Section 
104(e)(5) of CERCLA, 42 U.S.C. 9604(e)(5) under the authority of the 
Attorney General of the United States to compromise and settle claims 
of the United States. The settlement is between EPA and Titan Wheel 
Corporation of Illinois (hereafter ``Titan'') pertaining to the Mercury 
Refining Superfund Site (``Site'') located in the Towns of Guilderland 
and Colonie, Albany County, New York. The settlement requires Titan to 
pay $23,000 to the EPA Hazardous Substance Superfund. The settlement 
amount covers Titan's fair share of cleanup costs incurred and 
anticipated to be incurred in the future, plus a ``premium'' that 
accounts for, among other things, uncertainties associated with the 
costs of that future work at the Site plus a penalty for Titan's 
failure to comply with an information request letter sent pursuant to 
Section 104(e) of CERCLA, 42 U.S.C. 9604(e). The settlement includes a 
covenant not to sue pursuant to Sections 106, 107 and 104(e)(5) of 
CERCLA, 42 U.S.C. 9606, 9607, and 9604(e)(5) relating to the Site, 
subject to limited reservations, and protection from contribution 
actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of 
CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). For thirty (30) days 
following the date of publication of this notice, 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 II, 290 Broadway, New York, New 
York 10007-1866.

DATES: Comments must be submitted on or before August 2, 2013.

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 be sent to the individual identified below and should 
reference the Mercury Refining Superfund Site, Index No. CERCLA-02-
2013-2012. To request a copy of the proposed settlement agreement, 
please contact the individual identified below.

FOR FURTHER INFORMATION CONTACT: Sharon E. Kivowitz, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 17th Floor, 290 
Broadway, New York, New York 10007-1866. Telephone: 212-637-3183. 
Email: kivowitz.sharon@epa.gov.

    Dated: June 6, 2013.
Nicoletta DiForte,
Acting Director, Emergency and Remedial Response Division, EPA, Region 
2.
[FR Doc. 2013-16071 Filed 7-2-13; 8:45 am]
BILLING CODE 6560-50-P
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