[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2418]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7618-9]


Proposed Amendment to CERCLA Section 122(h) Administrative 
Agreement for Recovery of Response Costs for the Amenia Town Landfill 
Superfund Site, Town of Amenia, Dutchess 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''), 42 U.S.C. 9622(i), notice is hereby given by the 
U.S. Environmental Protection Agency (``EPA''), Region II, of a 
proposed amendment to an administrative agreement pursuant to section 
122(h) of CERCLA, 42 U.S.C. 9622(h), for recovery of response costs 
concerning the Amenia Town Landfill Superfund Site (``Site'') located 
in the Town of Amenia, Dutchess County, New York. The proposed 
amendment would add two parties, Great Eastern Color Lithographic 
Corporation and H.O. Penn Machinery Company, Inc. to the prior cost 
recovery settlement concerning this Site. The prior settlement required 
the original settling parties, Town of Amenia, New York; Ashland, Inc.; 
BP America Inc.; Curtiss-Wright Corporation; International Business 
Machines Corporation; Alastair B. Martin; Estate of Edith Martin; Metal 
Improvement Company, Inc.; Town of Sharon, Connecticut; Syngenta Crop 
Protection, Inc.; TBG Services, Inc.; Unisys Corporation; and 
Weyerhaeuser Company to pay $361,873.17 in reimbursement of EPA's 
response costs at the Site. That settlement included a covenant not to 
sue the settling parties pursuant to section 107(a) of CERCLA, 42 
U.S.C. 9607(a), in exchange for their payments. The prior settlement 
was the subject of a public notice published in 68 FR 48383 (August 13, 
2003). No comments were received concerning the prior settlement which 
became effective on September 18, 2003. The proposed amendment to the 
prior settlement agreement would add the two additional parties who 
would be subject to the same obligations and benefits under the prior 
settlement as the original parties to that settlement and a further 
obligation to pay an additional $11,000 each ($22,000 total) in 
reimbursement of EPA's past costs. For thirty (30) days following the 
date of publication of this notice, EPA will receive written comments 
relating to the proposed amendment to the prior settlement. EPA will 
consider all comments received and may modify or withdraw its consent 
to the amendment to the settlement if comments received disclose facts 
or considerations that indicate that the proposed amendment 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 March 8, 2004.

ADDRESSES: The proposed amendment to the prior settlement is available 
for public inspection at EPA Region II offices at 290 Broadway, New 
York, New York 10007-1866. Comments should reference the Amenia Town 
Landfill Superfund Site located in the Town of Amenia, Dutchess County, 
New York, Index No. CERCLA-02-2003-2029. To request a copy of the 
proposed amendment to the prior settlement agreement, please contact 
the individual identified below.

FOR FURTHER INFORMATION CONTACT: George A. Shanahan, 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: 212-637-3171.

    Dated: January 23, 2004.
William McCabe,
Acting Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 04-2418 Filed 2-4-04; 8:45 am]
BILLING CODE 6560-50-P