Proposed Administrative Settlement Under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act, Regarding the Hudson Coal Tar Site, Hudson, NY

[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Page 64062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30103]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5344-1]


Proposed Administrative Settlement Under Section 122(g)(4) of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
Regarding the Hudson Coal Tar Site, Hudson, NY

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and opportunity 
for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. Sec. 9622(i), the U.S. Environmental Protection 
Agency (``EPA'') Region II announces a proposed administrative de 
minimis settlement pursuant to Section 122(g)(4) of CERCLA, relating to 
the Hudson Coal Tar Site (``Site'') in Hudson, New York. This Site is 
not on the National Priorities List established pursuant to Section 
105(a) of CERCLA. This notice is being published to inform the public 
of the proposed settlement and of the opportunity to comment.
    The settlement, memorialized in an Administrative Order on Consent 
(the ``Order''), is being entered into by EPA and Lockwood Properties, 
Inc. (``Lockwood''). EPA has determined that Lockwood, the owner of a 
portion of the Site, is eligible for a de minimis settlement pursuant 
to Section 122(g)(1)(B) of CERCLA, 42 U.S.C. 9622(g)(1)(B).
    Under the Order, Lockwood will provide EPA and Niagara Mohawk Power 
Corp., a potentially responsible party currently undertaking a removal 
action at the Site, with access to its property in order to permit the 
performance of response actions there. Lockwood has also agreed, among 
other things, to cooperate with EPA and Niagara Mohawk in their 
implementation of response actions at the Site; exercise due care with 
respect to hazardous substances at Lockwood's property; and provide 
perimeter fencing to secure the portion of the Site owned by Lockwood. 
Under the Order, EPA, in turn, covenants not to sue Lockwood for any 
civil liability for injunctive relief or reimbursement of response 
costs with regard to the Site, pursuant to Sections 106 or 107(a) of 
CERCLA, 42 U.S.C. Secs. 9606, 9607(a), subject to certain reservations 
of rights.

DATES: EPA will accept written comments relating to the proposed 
settlement on or before January 12, 1996.

ADDRESSES AND FURTHER INFORMATION: Comments should reference the Hudson 
Coal Tar Site and EPA Index No. II-CERCLA-95-0212. Comments and 
requests for further information, including requests for a copy of the 
Order, should be sent to: Brian E. Carr, Assistant Regional Counsel, 
New York/Caribbean Superfund Branch, Office of Regional Counsel, U.S. 
Environmental Protection Agency, 290 Broadway, 17th Floor, New York, NY 
10007-1866, telephone: (212) 637-3170.

    Dated November 14, 1995.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 95-30103 Filed 12-12-95; 8:45 am]
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