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[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 52021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21216]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9722-4]

Proposed CERCLA Administrative Settlement Agreement and Order on 
Consent for the Mercury Refining Superfund Site, Towns of Guilderland 
and Colonie, Albany County, NY

AGENCY: Environmental Protection Agency.

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''), 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, between EPA and American Axle & 
Manufacturing, Inc., Amersham Health, Inc., Bishop & Associates, City 
of San Diego, County Board of Arlington, Virginia, Energy Solutions 
Services, Inc., Scientific Ecology Group, Inc., Genesys Regional 
Medical Center, Ingot Metal Company, Ltd., Purina Mills, LLC, Shred-A-
Can Recyclers, Ltd., Triumvirate Environmental, Inc., and Waste 
Management of Michigan, Inc. (hereafter ``Settling Parties'') 
pertaining to the Mercury Refining Superfund Site (``Site'') located in 
the Towns of Guilderland and Colonie, Albany County, New York. The 
settlement requires specified individual payments by each Settling 
Party to the EPA Hazardous Substance Superfund Mercury Refining 
Superfund Site Special Account, which combined total $79,028.49. Each 
Settling Party's individual settlement amount is considered to be that 
party'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. The settlement includes a covenant not to sue 
pursuant to Sections 106 and 107 of CERCLA, 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. 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 September 27, 2012.

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-
2011-2012. 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: August 21, 2012.
Walter Mugdan,
Director, Emergency and Remedial Response Division, EPA, Region 2.
[FR Doc. 2012-21216 Filed 8-27-12; 8:45 am]
BILLING CODE 6560-50-P
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