Notice2023-01494

Proposed CERCLA Administrative Cost Recovery Settlement; Tittabawassee River, Saginaw River and Bay Site, Michigan

Primary source

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Published
January 26, 2023

Issuing agencies

Environmental Protection Agency

Abstract

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), notice is hereby given by the U.S. Environmental Protection Agency ("EPA"), Region 5, of a proposed administrative settlement for recovery of past response costs concerning the Tittabawassee River, Saginaw River and Bay Site, Michigan (the Site) with The Dow Chemical Company. The settlement requires the settling party to pay $5,415,846.64 in past response costs to a Special Account. The settlement includes a covenant not to sue pursuant to sections 106 and 107 of CERCLA, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA. For thirty (30) days following the date of publication of this notice, EPA will accept written comments relating to the cost recovery component of this 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. The proposed settlement is available for public inspection at https://www.regulations.gov, Docket ID EPA-R05-SFUND-2023-0019, at EPA Region 5 offices at 77 West Jackson Blvd., Chicago, IL 60604, and at https://www.epa.gov/superfund/ tittabawassee-river. EPA's response to any comments received will be available for public inspection at https://www.epa.gov/superfund/ tittabawassee-river.

Full Text

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<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Page 4999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01494]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-SFUND-2023-0019; FRL-10575-01-Region 5]


Proposed CERCLA Administrative Cost Recovery Settlement; 
Tittabawassee River, Saginaw River and Bay Site, Michigan

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''), notice is hereby given by the U.S. Environmental 
Protection Agency (``EPA''), Region 5, of a proposed administrative 
settlement for recovery of past response costs concerning the 
Tittabawassee River, Saginaw River and Bay Site, Michigan (the Site) 
with The Dow Chemical Company. The settlement requires the settling 
party to pay $5,415,846.64 in past response costs to a Special Account. 
The settlement includes a covenant not to sue pursuant to sections 106 
and 107 of CERCLA, relating to the Site, subject to limited 
reservations, and protection from contribution actions or claims as 
provided by Section 113(f)(2) of CERCLA. For thirty (30) days following 
the date of publication of this notice, EPA will accept written 
comments relating to the cost recovery component of this 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. The proposed settlement is 
available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket 
ID EPA-R05-SFUND-2023-0019, at EPA Region 5 offices at 77 West Jackson 
Blvd., Chicago, IL 60604, and at <a href="https://www.epa.gov/superfund/tittabawassee-river">https://www.epa.gov/superfund/tittabawassee-river</a>. EPA's response to any comments received will be 
available for public inspection at <a href="https://www.epa.gov/superfund/tittabawassee-river">https://www.epa.gov/superfund/tittabawassee-river</a>.

DATES: Comments must be submitted on or before February 27, 2023.

ADDRESSES: Submit your comments, identified by Docket ID EPA-R05-SFUND-
2023-0019, to the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.

FOR FURTHER INFORMATION CONTACT: Colleen Moynihan, Remedial Project 
Manager, EPA, Superfund & Emergency Management Division, Region 5, 
Cleveland Office, 25063 Center Ridge Road, Westlake, OH 44145, email 
address: <a href="/cdn-cgi/l/email-protection#395456405750515857175a5655555c5c57795c4958175e564f"><span class="__cf_email__" data-cfemail="086567716661606966266b6764646d6d66486d7869266f677e">[email&#160;protected]</span></a>, telephone number: (440) 250-1702; or 
Jeffrey A. Cahn, Associate Regional Counsel, EPA, Office of Regional 
Counsel, Region 5, 77 West Jackson Blvd., Mail code: C-14J, Chicago, IL 
60604, telephone number: (312) 886-6670, email address: 
<a href="/cdn-cgi/l/email-protection#bbd8dad3d595d1deddddfbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="0a696b626424606f6c6c4a6f7a6b246d657c">[email&#160;protected]</span></a>.

Douglas Ballotti,
Director, Superfund & Emergency Management Division, Region 5.
[FR Doc. 2023-01494 Filed 1-25-23; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on January 26, 2023.

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