Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Notices 1929

to a risk-based standard. This Federal

Register notice announces the

availability of the draft PR Notice and

solicits comment on the proposed

policy. After reviewing public

comments received, EPA may make

changes to the Policy and revise the

draft PR Notice prior to release.

A record has been established for this

action docket number ‘‘OPP–00424’’

(including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Rm. 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this action, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

‘‘ADDRESSES’’ at the beginning of this

document.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: December 13, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 96–882 Filed 1–23–96; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5401–8]

Proposed CERCLA Section 122(h)(1)

Administrative Cost Recovery

Settlement for the City Bumper Site

AGENCY: Environmental Protection

Agency (‘‘U.S. EPA’’).

ACTION: Proposal of CERCLA Section

122(h)(1) administrative cost recovery

settlement for the City Bumper Site.

SUMMARY: U.S. EPA proposes to address

the potential liability of General

Dynamics Corporation under the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (‘‘CERCLA’’), 42 U.S.C. 9601

et seq., as amended by the Superfund

Amendments and Reauthorization Act

of 1986 (‘‘SARA’’), Public Law 99–499,

for past costs incurred in connection

with a federal fund lead removal action

conducted at the City Bumper Site (‘‘the

Site’’) located in Cincinnati, Ohio. The

U.S. EPA proposes to address the

potential liability of General Dynamics

by execution of a CERCLA Section

122(h)(1) Administrative Cost Recovery

Settlement (‘‘AOC’’) prepared pursuant

to 42 U.S.C. 9622(h)(1). The key terms

and conditions of the AOC may be

briefly summarized as follows: (1)

General Dynamics agrees to pay U.S.

EPA $83,689.00 in satisfaction of claims

for past costs incurred at the Site in

connection with the removal and

disposal of a underground storage tanks

(‘‘USTs’’) and their contents; (2) General

Dynamics agrees to waive all claims

against the United States that arise out

of response activities conducted at the

Site; and (3) U.S. EPA affords General

Dynamics a covenant not to sue for past

costs incurred during the removal action

and contribution protection as provided

by CERCLA Sections 113(f)(2) and

122(h)(4) upon satisfactory completion

of obligations under the Settlement.

However U.S. EPA is free to pursue any

other necessary and appropriate judicial

and administrative relief against General

Dynamics. The Site is not on the NPL,

and no further response activities at the

Site are anticipated at this time. The

Attorney General has approved the

Settlement.

DATES: Comments on the proposed AOC

must be received by U.S. EPA on or

before February 23, 1996.

ADDRESSES: A copy of the proposed

AOC is available for review at U.S. EPA,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Please contact

Mike Anastasio at (312) 886–7951, prior

to visiting the Region 5 office.

Comments on the proposed AOC

should be addressed to Mike Anastasio,

Office of Regional Counsel, U.S. EPA,

Region 5, 77 West Jackson Boulevard

(Mail Code CS–29A), Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Mike Anastasio at (312) 886–7951, of

the U.S. EPA Region 5 Office of

Regional Counsel.

A 30-day period, commencing on the

date of publication of this notice, is

open pursuant to Section 122(i) of

CERCLA, 42 U.S.C. 9622(i), for

comments on the proposed AOC.

Comments should be sent to the

addressee identified in this notice.

Valdas V. Adamkus,

Regional Administrator, U.S. Environmental

Protection Agency, Region 5.

[FR Doc. 96–1049 Filed 1–23–96; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5401–9]

Proposed CERCLA Section 122(h)(1)

Administrative Cost Recovery

Settlement for the Ninth Avenue Dump

Site

AGENCY: Environmental Protection

Agency (‘‘U.S. EPA’’).

ACTION: Proposal of CERCLA Section

122(h)(1) administrative cost recovery

settlement for the Ninth Avenue Dump

Site.

SUMMARY: U.S. EPA proposes to address

the potential liability of the following

companies (hereinafter referred to as the

‘‘Settling Parties’’) under the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (‘‘CERCLA’’), 42 U.S.C. 9601

et seq., as amended by the Superfund

Amendments and Reauthorization Act

of 1986 (‘‘SARA’’), Public Law 99–499,

for past and future costs incurred at the

Ninth Avenue Dump Site (‘‘the Site’’)

located in Gary, Indiana: American

National Can Company; Ashland

Chemical Company, a division of

Ashland, Inc.; Cargill, Incorporated;

Chamberlain Manufacturing

Corporation; Crown Cork & Seal Co.,

Inc., and Continental Can Co.; Flint Ink

Corporation; General Electric Company;

J.M. Huber Corporation; Mobil Oil

Corporation; Monsanto Company;

Navistar International Transportation

Corp.; PPG Industries, Inc.; Premier

Coatings, Inc.; Regal Tube Company,

currently doing business as Copperweld

Chicago Division of Copperweld Tubing

Products Company; RHI Holdings, Inc.,

as successor to Rexnord, Inc.; RustOleum Corporation; The SherwinWilliams Company; Valhi, Inc. (Chicago

Steel and Wire Division; and The

Valspar Corporation/Elliot Paint. The

U.S. EPA proposes to address the

potential liability of the Settling Parties

by execution of a CERCLA Section

122(h)(1) Administrative Cost Recovery

Settlement (‘‘AOC’’) prepared pursuant

to 42 U.S.C. 9622(h)(1). The key terms

and conditions of the AOC may be

briefly summarized as follows: (1) The
1930 Federal Register / Vol. 61, No. 16 / Wednesday, January 24, 1996 / Notices

U.S. EPA would be reimbursed for all of

its outstanding past costs of

$2,545,773.63 incurred at the Ninth

Avenue Dump Site; (2) the Settling

Parties agree to reimburse the U.S. EPA

for all of its future response costs

incurred at the Site; (3) the Settling

Parties agree not to assert any claims or

causes of action against the United

States with respect to any matters

concerning the Site; and (4) the U.S.

EPA affords the Settling Parties a

covenant not to sue for past and future

response costs and contribution

protection as provided by CERCLA

Sections 113(f)(2) and 122(h)(4) upon

satisfactory completion of their

obligations under the Settlement.

However, U.S. EPA is free to pursue any

other necessary and appropriate judicial

and administrative relief against the

Settling Parties and any necessary and

appropriate judicial and administrative

relief against any other party. The Site

is on the National Priorities List

(‘‘NPL’’), and remedial response

activities at the Site are continuing. The

Attorney General has approved the

Settlement.

DATES: Comments on the proposed AOC

must be received by U.S. EPA on or

before February 23, 1996.

ADDRESSES: A copy of the proposed

AOC is available for review at U.S. EPA,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Please contact

Mike Berman at (312) 886–6837 or Mike

Anastasio at (312) 886–7951, prior to

visiting the Region 5 office.

Comments on the proposed AOC

should be addressed to Mike Berman/

Mike Anastasio, Office of Regional

Counsel, U.S. EPA, Region 5, 77 West

Jackson Boulevard (Mail Code CS–29A),

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Mike Berman at (312) 886–6837 or Mike

Anastasio at (312) 886–7951, of the U.S.

EPA Region 5 Office of Regional

Counsel.

A 30-day period, commencing on the

date of publication of this notice, is

open pursuant to Section 122(i) of

CERCLA, 42 U.S.C. 9622(i), for

comments on the proposed AOC.

Comments should be sent to the

addressee identified in this notice.

Valdas V. Adamkus,

Regional Administrator, U.S. Environmental

Protection Agency, Region 5.

[FR Doc. 95–1050 Filed 1–23–96; 8:45 am]

BILLING CODE 6560–50–M

[FRL–5402–3]

CWA 303(d): Establishment of Phased

Total Maximum Daily Loads (TMDLs)

for Copper, Mercury, Nickel and Lead

in New York-New Jersey Harbor

AGENCY: Environmental Protection

Agency, Region II.

ACTION: Notice.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) Region II is

hereby issuing final public notice on the

establishment of Phased Total

Maximum Daily Loads (TMDLs) for

copper and mercury in New York-New

Jersey Harbor. The TMDLs are being

established in cooperation with the

States of New York and New Jersey.

DATES: January 24, 1996.

ADDRESSES: Copies of the

responsivenesss summary and TMDL

support documents can be obtained by

writing to Ms. Rosella T. O’Connor,

Technical Evaluation Section, U.S.

Environmental Protection Agency

Region II, 290 Broadway, 25th Floor,

New York, New York 10006–1866 or

calling (212) 637–3711.

The administrative record containing

background technical information on

the TMDLs developed by EPA, in

conjunction with the States of NY and

NJ, is on file and may be inspected at

the U.S. EPA, Region II office between

the hours of 9:00 a.m. and 4:30 p.m.,

Monday through Friday, except

holidays. Arrangements to examine the

administrative record may be made by

contacting Ms. Rosella O’Connor.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosella O’Connor, telephone (212) 637–

3711.

SUPPLEMENTARY INFORMATION:

I. Background

II. Final Determination

I. Background

The New York-New Jersey Harbor is

geographically defined as the Hudson

River from the Tappan Zee Bridge

extending out to the Outer Harbor and

including the Harlem River, East River

to the Throgs Neck Bridge, Jamaica Bay,

Newark Bay, Hackensack River below

the Oradell Dam, Passaic River below

the Dundee Dam, Kill Van Kull, Arthur

Kill, and the Raritan River/Bay below

the Fieldville Dam.

Under the auspices of the New YorkNew Jersey Harbor Estuary Program, the

States of New York and New Jersey and

EPA joined in a cooperative effort to

collect ambient and source data,

develop a water quality model to assess

relative loadings from all sources

(municipal and industrial discharges,

storm water, combined sewer overflows,

sediment flux, atmospheric deposition

and tributaries), and develop Total

Maximum Daily Loads (TMDLs).

Due to the interstate nature of the

New York-New Jersey Harbor and the

desirability of consistency and equity

among dischargers, the State of New

Jersey requested that EPA promulgate

TMDLs for the New York-New Jersey

Harbor. EPA will, therefore, establish

TMDLs as a federal action. Except for

the Kill Van Kull, New York State has

already implemented the necessary

water quality-based effluent limits for

waterbodies within the Harbor by

issuing individual control strategies in

the form of modified permits. EPA is

establishing TMDLs for the remaining

waterbodies for which New York State

has not established TMDLs as well as

Harbor waterbodies in the State of New

Jersey. The EPA promulgation will

result in the incorporation of TMDLs

into State Water Quality Management

Plans. In the State of New Jersey, this

promulgation will amend the Northeast,

the Lower Raritan/ Middlesex County

and the Monmouth County Water

Quality Management Plans. In New

York State, this promulgation will

amend the New York State Water

Quality Management Plan.

II. Final Determination

In the proposed public notice (40 FR

41293, August 11, 1994), EPA indicated

that the basis of the TMDLs was the

most stringent of the applicable NJ or

NY standards for mercury (0.025 μg/L),

nickel (7.1 μg/L) and lead (8.5 μg/L),

expressed as the total recoverable form

of the metal. Since that time, EPA

issued an Interim Final Rule (60 FR

22228, May 4, 1995), amending the

National Toxics Rule. The Interim Final

Rule became effective on April 14, 1995.

This rule establishes dissolved criteria

for nickel and lead in New Jersey. Phase

I TMDLs are not being developed for

nickel and lead, at this time. Insufficent

data were available to determine if

TMDLs based on the dissolved nickel

and lead criteria were necessary. The

mercury criterion will continue to be

expressed as total recoverable since it is

a fish tissue based criterion. The copper

criterion used to develop TMDLs is 5.6

μg/L (expressed as dissolved metal).

This value is the most stringent of the

two proposed site-specific copper

criteria developed (7.9 [acute] and 5.6

[chronic] μg/L dissolved) for the Harbor

waters (for additional information

regarding the development of the sitespecific copper criteria, refer to EPA’s

document entitled ‘‘Development of a

Site-Specific Copper Criterion for the

NY/NJ Harbor Complex Using the

Indicator Species Procedure’’).