81 FR 59218 - Proposed Settlement Pursuant to Section 122(h)(1) of CERCLA Relating to the Newstead Superfund Site, in the Town of Newstead, Erie County, New York.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59218-59218
FR Document		2016-20657

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 settlement agreement pursuant to Section 122(h) of CERCLA, entered into by and EPA, Region 2, and The Sherwin-Williams Company, (``Settling Party''), pertaining to the Newstead Superfund Site (``Site'') located in the Town of Newstead, Erie County, New York. Under the Settlement Agreement, the Settling Party agrees to pay EPA $1,000,000.00 in reimbursement of past response costs incurred at the Site. The Settlement Agreement includes a covenant by EPA not to sue or to take administrative action against the Settling Party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to Past Response Costs as defined in the Settlement Agreement. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the Settlement Agreement. EPA will consider all comments received and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations that indicate that the proposed Settlement Agreement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.

Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Page 59218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20657]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9951-61-Region 2]


Proposed Settlement Pursuant to Section 122(h)(1) of CERCLA 
Relating to the Newstead Superfund Site, in the Town of Newstead, Erie 
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 
settlement agreement pursuant to Section 122(h) of CERCLA, entered into 
by and EPA, Region 2, and The Sherwin-Williams Company, (``Settling 
Party''), pertaining to the Newstead Superfund Site (``Site'') located 
in the Town of Newstead, Erie County, New York. Under the Settlement 
Agreement, the Settling Party agrees to pay EPA $1,000,000.00 in 
reimbursement of past response costs incurred at the Site.
    The Settlement Agreement includes a covenant by EPA not to sue or 
to take administrative action against the Settling Party pursuant to 
Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to Past 
Response Costs as defined in the Settlement Agreement. For thirty (30) 
days following the date of publication of this notice, EPA will receive 
written comments relating to the Settlement Agreement. EPA will 
consider all comments received and may modify or withdraw its consent 
to the Settlement Agreement if comments received disclose facts or 
considerations that indicate that the proposed Settlement Agreement is 
inappropriate, improper or inadequate. EPA's response to any comments 
received will be available for public inspection at EPA Region 2 
offices, 290 Broadway, New York, New York 10007-1866.

DATES: Comments must be submitted on or before September 28, 2016.

ADDRESSES: The proposed Settlement Agreement is available for public 
inspection at EPA Region 2 offices at 290 Broadway, New York, New York 
10007-1866. A copy may also be obtained from Meredith D. Fishburn, 
Attorney-Advisor, Office of Enforcement & Compliance, Office of Site 
Remediation Enforcement, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave NW., Washington, DC 20460, 202-564-4790, 
[email protected]. Comments should reference the Newstead 
Superfund Site, Town of Newstead, Erie County, New York., Index No. 
CERCLA-02-2016-2015 and should be sent by mail or email to Meredith 
Fishburn, Newstead Superfund Site Attorney, at the above address.

FOR FURTHER INFORMATION CONTACT: Meredith D. Fishburn, Attorney-
Advisor, Office of Enforcement & Compliance, Office of Site Remediation 
Enforcement, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave NW., Washington, DC 20460, 202-564-4790, [email protected].

    Dated: August 18, 2016.
Walter Mugdan,
Director, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, Region 2.
[FR Doc. 2016-20657 Filed 8-26-16; 8:45 am]
 BILLING CODE 6560-50-P

59218 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices

Respondents/affected entities: State administrative action against the ENVIRONMENTAL PROTECTION
and Local Officials. Settling Party pursuant to Section 107(a) AGENCY
Respondent’s obligation to respond: of CERCLA, 42 U.S.C. 9607(a), with
[EPA–HQ–OECA–2012–0695; FRL—9946–
Voluntary. regard to Past Response Costs as defined 19–OEI]
Estimated number of respondents: in the Settlement Agreement. For thirty
235 (total). (30) days following the date of Information Collection Request
Frequency of response: Biweekly publication of this notice, EPA will Submitted to OMB for Review and
requested for air filters, each receive written comments relating to the Approval; Comment Request; NESHAP
measureable event for precipitation, Settlement Agreement. EPA will for Site Remediation (Renewal)
quarterly for drinking water. consider all comments received and
Total estimated burden: 3,726 hours AGENCY: Environmental Protection
may modify or withdraw its consent to Agency (EPA).
(per year). Burden is defined at 5 CFR
the Settlement Agreement if comments
1320.03(b). ACTION: Notice.
Total estimated cost: $139,843 (per received disclose facts or considerations
year), includes $0 annualized capital or that indicate that the proposed SUMMARY: The Environmental Protection
operation & maintenance costs. Settlement Agreement is inappropriate, Agency has submitted an information
Changes in the Estimates: There is a improper or inadequate. EPA’s response collection request (ICR), ‘‘NESHAP for
decrease of 3,815 hours in the total to any comments received will be Site Remediation (40 CFR part 63,
estimated respondent burden compared available for public inspection at EPA subpart GGGGG) (Renewal)’’ (EPA ICR
with the ICR currently approved by Region 2 offices, 290 Broadway, New No. 2062.06, OMB Control No. 2060–
OMB. This decrease is due to the York, New York 10007–1866. 0534), to the Office of Management and
transfer of the milk program to FDA and Budget (OMB) for review and approval
DATES: Comments must be submitted on in accordance with the Paperwork
the elimination of the request to or before September 28, 2016.
radiologically screen air-filters prior to Reduction Act (44 U.S.C. 3501 et seq.).
shipment to NAREL. ADDRESSES: The proposed Settlement This is a proposed extension of the ICR,
Agreement is available for public which is currently approved through
Courtney Kerwin, May 31, 2016. Public comments were
inspection at EPA Region 2 offices at
Director, Regulatory Support Division. previously requested via the Federal
290 Broadway, New York, New York
[FR Doc. 2016–20599 Filed 8–26–16; 8:45 am]
10007–1866. A copy may also be Register (80 FR 32116) on June 5, 2015
BILLING CODE 6560–50–P
obtained from Meredith D. Fishburn, during a 60-day comment period. This
notice allows for an additional 30 days
Attorney-Advisor, Office of Enforcement
for public comments. A fuller
ENVIRONMENTAL PROTECTION & Compliance, Office of Site
description of the ICR is given below,
AGENCY Remediation Enforcement, U.S. including its estimated burden and cost
Environmental Protection Agency, 1200 to the public. An Agency may not
[FRL–9951–61–Region 2] Pennsylvania Ave NW., Washington, DC conduct or sponsor, and a person is not
20460, 202–564–4790, required to respond to, a collection of
Proposed Settlement Pursuant to
Section 122(h)(1) of CERCLA Relating fishburn.meredith@epa.gov. Comments information unless it displays a
to the Newstead Superfund Site, in the should reference the Newstead currently valid OMB control number.
Town of Newstead, Erie County, New Superfund Site, Town of Newstead, Erie DATES: Additional comments may be
York. County, New York., Index No. CERCLA– submitted on or before September 28,
02–2016–2015 and should be sent by 2016.
AGENCY: Environmental Protection mail or email to Meredith Fishburn,
Agency (EPA). ADDRESSES: Submit your comments,
Newstead Superfund Site Attorney, at
ACTION: Notice; request for public
referencing Docket ID Number EPA–
the above address.
comment. HQ–OECA–2012–0695, to: (1) EPA
FOR FURTHER INFORMATION CONTACT: online using www.regulations.gov (our
SUMMARY: In accordance with Section Meredith D. Fishburn, Attorney- preferred method), or by email to
122(i) of the Comprehensive Advisor, Office of Enforcement & docket.oeca@epa.gov, or by mail to: EPA
Environmental Response, Compliance, Office of Site Remediation Docket Center, Environmental
Compensation, and Liability Act of Enforcement, U.S. Environmental Protection Agency, Mail Code 28221T,
1980, as amended (‘‘CERCLA’’), 42 Protection Agency, 1200 Pennsylvania 1200 Pennsylvania Ave. NW.,
U.S.C. 9622(i), notice is hereby given by Ave NW., Washington, DC 20460, 202– Washington, DC 20460; and (2) OMB via
the U.S. Environmental Protection 564–4790, fishburn.meredith@epa.gov. email to oira_submission@omb.eop.gov.
Agency (‘‘EPA’’), Region 2, of a Address comments to OMB Desk Officer
Dated: August 18, 2016. for EPA.
proposed settlement agreement
pursuant to Section 122(h) of CERCLA, Walter Mugdan, EPA’s policy is that all comments
entered into by and EPA, Region 2, and Director, Emergency and Remedial Response received will be included in the public
The Sherwin-Williams Company, Division, U.S. Environmental Protection docket without change including any
(‘‘Settling Party’’), pertaining to the Agency, Region 2. personal information provided, unless
Newstead Superfund Site (‘‘Site’’) [FR Doc. 2016–20657 Filed 8–26–16; 8:45 am] the comment includes profanity, threats,
located in the Town of Newstead, Erie information claimed to be Confidential
jstallworth on DSK7TPTVN1PROD with NOTICES

BILLING CODE 6560–50–P
County, New York. Under the Business Information (CBI), or other
Settlement Agreement, the Settling information for which disclosure is
Party agrees to pay EPA $1,000,000.00 restricted by statute.
in reimbursement of past response costs FOR FURTHER INFORMATION CONTACT:
incurred at the Site. Patrick Yellin, Monitoring, Assistance,
The Settlement Agreement includes a and Media Programs Division, Office of
covenant by EPA not to sue or to take Compliance, Mail Code 2227A,

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Document Created: 2016-08-26 23:49:09
Document Modified: 2016-08-26 23:49:09

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 September 28, 2016.
Contact		Meredith D. Fishburn, Attorney- Advisor, Office of Enforcement & Compliance, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington, DC 20460, 202-564-4790, [email protected]
FR Citation		81 FR 59218