[Federal Register Volume 72, Number 164 (Friday, August 24, 2007)]
[Notices]
[Pages 48638-48639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16793]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8460-5]


Proposed CERCLA Section 122(h) Ability To Pay Settlement for the 
Westwood Chemical Corporation Superfund Site, Middletown, Orange 
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 Ability To Pay settlement agreement pursuant to section 122(h) 
of CERCLA, 42 U.S.C. 9622(h), with Rocco Giovanniello, an individual 
who is a potentially responsible party for the Westwood Chemical 
Corporation Superfund Site (``Site'') in Middletown, Orange County, New 
York. Under the terms of the settlement agreement, Mr. Giovanniello 
would pay to EPA the amount of $25,000 towards reimbursement of EPA's 
past costs at the Site in installments as follows: an initial 
installment of $15,000 following the effective date of the settlement 
agreement, and a second installment of $10,000, plus interest, one year 
after the effective date. The settlement includes a covenant by EPA not 
to sue or to take administrative action against the settling party 
pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 
9607(a), with regard to the Site. 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 September 24, 2007.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region II offices at 290 Broadway, New York, New York 10007-
1866. Comments should reference the Westwood

[[Page 48639]]

Chemical Corporation Superfund Site, Middletown, Orange County, New 
York, Index No. CERCLA-02-2007-2015. To request a copy of the proposed 
settlement agreement, please contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 290 Broadway--17th 
Floor, New York, New York 10007-1866. Telephone: 212-637-3168.

    Dated: August 15, 2007.
William McCabe,
Acting Director, Emergency and Remedial Response Division, Region 2.
 [FR Doc. E7-16793 Filed 8-23-07; 8:45 am]
BILLING CODE 6560-50-P