[Federal Register: October 2, 2003 (Volume 68, Number 191)]
[Notices]               
[Page 56835-56836]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc03-59]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7567-5]

 
Proposed CERCLA Section 122(h) Administrative Agreement for 
Recovery of Past Costs for the Mercury Refining Superfund Site, Towns 
of Guilderland and Colonie, Albany 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 administrative agreement pursuant to section 122(h) of CERCLA, 
42 U.S.C. 9622(h), with the settling parties, Mercury Refining Company, 
Inc. (``Mereco''), and Leo Cohen, for recovery of past and future 
response costs concerning the Mercury Refining Superfund Site 
(``Site'') located in the Towns of Guilderland and Colonie, Albany 
County, New York. The settlement requires that EPA be paid a total of 
approximately $524,000: the total remaining funds in an escrow account 
established by Mereco (estimated to be approximately $494,000) and 
$30,000 from Leo Cohen, Mereco's founder, sole shareholder and former 
president. The settlement includes a covenant not to sue the settling 
parties pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 
and 9607(a), and section 7003 of the Resource Conservation and Recovery 
Act (``RCRA''), 42 U.S.C. 6973, in exchange for their payment of 
monies.
    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. Commenters may request an 
opportunity for a public meeting in the affected area in accordance 
with section 7003(d) of RCRA, 42 U.S.C. 6973(d).

DATES: Comments must be submitted on or before November 3, 2003.

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 Mercury Refining Superfund Site, 
Towns of Guilderland and Colonie, Albany County, New York, Index No. 
CERCLA-02-2003-2009. 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, 290 Broadway--17th 
Floor, New York, New York 10007-1866. Telephone: 212-637-3183.


[[Page 56836]]


    Dated: September 16, 2003.
William J. Muszynski,
Deputy Regional Administrator, Region 2.
[FR Doc. 03-25010 Filed 10-1-03; 8:45 am]

BILLING CODE 6560-50-P