81 FR 1185 - Proposed CERCLA Section 122(g)(4) Administrative Settlement Agreement and Order on Consent for the Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, New York

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range		1185-1185
FR Document		2016-00338

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 also includes settlement of claims under the Federal Priority Statute, 31 U.S.C. 3713 (``FPS''), and the Federal Debt Collection Procedures Act, 28 U.S.C. 3301, et seq. (``FDCPA'') 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, Yates Foil USA, Inc., and Craig Yates pertaining to the Mercury Refining Superfund Site (``Site'') located in the Towns of Guilderland and Colonie, Albany County, New York. The settlement requires Yates Foil USA, Inc. and Craig Yates to pay $275,000 to the EPA Hazardous Substance Superfund in reimbursement of response costs incurred by the EPA at the Site. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, the FPS, 31 U.S.C. 3713, and the FDCPA, 28 U.S.C. 3301 et seq., subject to standard 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.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1185]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00338]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9941-18-Region 2]


Proposed CERCLA Section 122(g)(4) 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 also includes settlement of claims under the 
Federal Priority Statute, 31 U.S.C. 3713 (``FPS''), and the Federal 
Debt Collection Procedures Act, 28 U.S.C. 3301, et seq. (``FDCPA'') 
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, Yates Foil USA, Inc., and Craig Yates pertaining to the 
Mercury Refining Superfund Site (``Site'') located in the Towns of 
Guilderland and Colonie, Albany County, New York. The settlement 
requires Yates Foil USA, Inc. and Craig Yates to pay $275,000 to the 
EPA Hazardous Substance Superfund in reimbursement of response costs 
incurred by the EPA at the Site. The settlement includes a covenant not 
to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607, relating to the Site, the FPS, 31 U.S.C. 3713, and the FDCPA, 28 
U.S.C. 3301 et seq., subject to standard 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 February 10, 2016.

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-
2015-2020. 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. E-
Mail: [email protected].

    Dated: December 30, 2015.
Walter Mugdan,
Director, Emergency and Remedial Response Division, EPA, Region 2.
[FR Doc. 2016-00338 Filed 1-8-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 1185

Areas; Transportation Conformity Rule Refining Superfund Site (‘‘Site’’) located EXPORT-IMPORT BANK OF THE
Amendments: Response to Court in the Towns of Guilderland and UNITED STATES
Decision and Additional Rule Changes’’ Colonie, Albany County, New York. The
(69 FR 40004). Please note that an settlement requires Yates Foil USA, Inc. Notice of Open Meeting of the
adequacy review is separate from EPA’s and Craig Yates to pay $275,000 to the Advisory Committee of the Export-
completeness review, and it should not EPA Hazardous Substance Superfund in Import Bank of the United States (Ex-
be used to prejudge EPA’s ultimate reimbursement of response costs Im Bank)
approval of the DFW RFP SIP revision incurred by the EPA at the Site. The
submittal. Even if EPA finds the budgets settlement includes a covenant not to SUMMARY: The Advisory Committee was
adequate, the DFW RFP SIP revision sue pursuant to Sections 106 and 107 of established by Public Law 98–181,
submittal could later be disapproved. CERCLA, 42 U.S.C. 9606 and 9607, November 30, 1983, to advise the
Within 24 months from the effective Export-Import Bank on its programs and
relating to the Site, the FPS, 31 U.S.C.
date of this notice, the DFW-area to provide comments for inclusion in
3713, and the FDCPA, 28 U.S.C. 3301 et
transportation partners, such as the the report on competitiveness of the
seq., subject to standard reservations,
North Central Texas Council of Export-Import Bank of the United States
Governments, will need to demonstrate and protection from contribution
actions or claims as provided by to Congress.
conformity to the new MVEBs if the
demonstration has not already been Sections 113(f)(2) and 122(g)(5) of Time and Place: Wednesday, January
made, pursuant to 40 CFR 93.104(e). CERCLA, 42 U.S.C. 9613(f)(2) and 20, 2016 from 9:30 a.m. until 3:30 p.m.
See, 73 FR 4419 (January 24, 2008). 9622(g)(5). For thirty (30) days following A break for lunch will be at the expense
the date of publication of this notice, of the attendee. Security processing will
Authority: 42 U.S.C. 7401 et seq.
EPA will receive written comments be necessary for reentry into the
Dated: December 29, 2015. relating to the settlement. EPA will building. The meeting will be held at
Samuel Coleman, consider all comments received and Ex-Im Bank in the Main Conference
Acting Regional Administrator, Region 6. may modify or withdraw its consent to Room—11th Floor, 811 Vermont
[FR Doc. 2016–00339 Filed 1–8–16; 8:45 am] the settlement if comments received Avenue NW., Washington, DC 20571.
BILLING CODE 6560–50–P disclose facts or considerations that
Agenda: Agenda items include
indicate that the proposed settlement is
updates for the Advisory Committee
inappropriate, improper, or inadequate.
ENVIRONMENTAL PROTECTION members regarding: 2015
EPA’s response to any comments
AGENCY Reauthorization Law, EXIMs business
received will be available for public
and pipeline, and EXIMs report on
[FRL 9941–18–Region 2] inspection at EPA Region II, 290
competitiveness to Congress.
Broadway, New York, New York 10007–
Proposed CERCLA Section 122(g)(4) 1866. Public Participation: The meeting will
Administrative Settlement Agreement be open to public participation, and 10
and Order on Consent for the Mercury DATES: Comments must be submitted on minutes will be set aside for oral
Refining Superfund Site, Towns of or before February 10, 2016. questions or comments. Members of the
Guilderland and Colonie, Albany ADDRESSES: The proposed settlement is public may also file written statement(s)
County, New York before or after the meeting. If you plan
available for public inspection at EPA
AGENCY: Environmental Protection Region 2 offices at 290 Broadway, New to attend, a photo ID must be presented
Agency (EPA). York, New York 10007–1866. Comments at the guard’s desk as part of the
should be sent to the individual clearance process into the building, you
ACTION: Notice; request for public
identified below and should reference may contact Tia Pitt at tia.pitt@exim.gov
comment.
the Mercury Refining Superfund Site, placed on an attendee list. If any person
SUMMARY: In accordance with Section Index No. CERCLA–02–2015–2020. To wishes auxiliary aids (such as a sign
122(i) of the Comprehensive request a copy of the proposed language interpreter) or other special
Environmental Response, settlement agreement, please contact the accommodations, please email Tia Pitt
Compensation, and Liability Act of individual identified below. at tia.pitt@exim.gov by January 14, 2016.
1980, as amended (‘‘CERCLA’’), 42 Members of the Press: For members of
U.S.C. 9622(i), notice is hereby given by FOR FURTHER INFORMATION CONTACT:
the Press planning to attend the
the U.S. Environmental Protection Sharon E. Kivowitz, Assistant Regional
meeting, a photo ID must be presented
Agency (‘‘EPA’’), Region 2, of a Counsel, New York/Caribbean
at the guard’s desk as part of the
proposed de minimis administrative Superfund Branch, Office of Regional clearance process into the building
settlement agreement and order on Counsel, U.S. Environmental Protection please email Niki Shepperd at
consent pursuant to Section 122(g)(4) of Agency, 17th Floor, 290 Broadway, New niki.shepperd@exim.gov to be placed on
CERCLA, 42 U.S.C. 9622(g)(4). The York, New York 10007–1866.
settlement agreement also includes an attendee list.
Telephone: 212–637–3183. E-Mail:
settlement of claims under the Federal kivowitz.sharon@epa.gov. Further Information: For further
Priority Statute, 31 U.S.C. 3713 (‘‘FPS’’), information, contact Tia Pitt, 811
and the Federal Debt Collection Dated: December 30, 2015. Vermont Ave. NW., Washington, DC
ebenthall on DSK6SPTVN1PROD with NOTICES

Procedures Act, 28 U.S.C. 3301, et seq. Walter Mugdan, 20571, at tia.pitt@exim.gov.
(‘‘FDCPA’’) under the authority of the Director, Emergency and Remedial Response
Attorney General of the United States to Division, EPA, Region 2. Lloyd Ellis,
compromise and settle claims of the [FR Doc. 2016–00338 Filed 1–8–16; 8:45 am] Program Specialist, Office of the General
United States. The settlement is Counsel.
BILLING CODE 6560–50–P
between EPA, Yates Foil USA, Inc., and [FR Doc. 2016–00281 Filed 1–8–16; 8:45 am]
Craig Yates pertaining to the Mercury BILLING CODE 6690–01–P

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Document Created: 2016-01-16 01:07:12
Document Modified: 2016-01-16 01:07:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for public comment.
Dates		Comments must be submitted on or before February 10, 2016.
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. E- Mail: [email protected]
FR Citation		81 FR 1185