Notice2023-03988
Proposed CERCLA Administrative Settlement Agreement and Order on Consent: City of Salem, Mansell Field Site, Salem, Massachusetts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 27, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given that EPA has entered into a proposed settlement, embodied in an Administrative Settlement Agreement and Order on Consent, with the Settling Party, City of Salem, with respect to the Mansell Field Site, located in Salem, Essex County, Massachusetts. The settlement, which involves a mixed work and funding agreement with Salem, includes a proposed compromise of up to $1.841 million in direct and indirect EPA costs associated with EPA's contribution to the implementation of a removal action at the Site, to which this notice applies. The settlement also resolves Salem's liability for work performed and future response costs. Under the settlement, Salem will perform part of the removal action, in coordination with EPA, and as set forth in the September 8, 2022 Action Memorandum for the Site.
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12357-12358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03988]
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ENVIRONMENTAL PROTECTION AGENCY
[CERCLA-01-2023-0031; FRL-10685-01-R1]
Proposed CERCLA Administrative Settlement Agreement and Order on
Consent: City of Salem, Mansell Field Site, Salem, Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comments.
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SUMMARY: Notice is hereby given that EPA has entered into a proposed
settlement, embodied in an Administrative Settlement Agreement and
Order on Consent, with the Settling Party, City of Salem, with respect
to the Mansell Field Site, located in Salem, Essex County,
Massachusetts. The settlement, which involves a mixed work and funding
agreement with Salem, includes a proposed compromise of up to $1.841
million in direct and indirect EPA costs associated with EPA's
contribution to the implementation of a removal action at the Site, to
which this notice applies. The settlement also resolves Salem's
liability for work performed and future response costs. Under the
settlement, Salem will perform part of the removal action, in
coordination with EPA, and as set forth in the September 8, 2022 Action
Memorandum for the Site.
DATES: Comments must be submitted by March 29, 2023.
ADDRESSES: Comments should be addressed to Michelle Lauterback, Senior
Enforcement Counsel, U.S. Environmental Protection Agency, 5 Post
Office Square, Suite 100 (ORC 04-4), Boston, MA 02109-3912, telephone
number (617) 918-1774, email address: <a href="/cdn-cgi/l/email-protection#571b36222332253536343c793a3e343f323b3b321732273679303821"><span class="__cf_email__" data-cfemail="e1ad80949584938380828acf8c888289848d8d84a1849180cf868e97">[email protected]</span></a> and
should reference the Mansell Field Site, U.S. EPA Docket No: CERCLA 01-
2023-0031.
FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from Stacy Greendlinger, Superfund and Emergency Management
Division, U.S. Environmental Protection Agency, Region I, 5 Post Office
Square,
[[Page 12358]]
Suite 100 (02-2), Boston, MA 02109-3912, telephone number: (617) 918-
1403, email address: <a href="/cdn-cgi/l/email-protection#b9decbdcdcd7ddd5d0d7dedccb97cacdd8dac0f9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="dfb8adbabab1bbb3b6b1b8baadf1acabbebca69fbaafbef1b8b0a9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Notice of this proposed settlement agreement
is made in accordance with section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. 9622(i). This administrative settlement agreement is made in
accordance with sections 104, 106, 107(a), and 122 of CERCLA, and
includes a compromise of EPA response costs, under CERCLA sections
107(a) and the authority of the Attorney General of the United States
to compromise and settle claims of the United States with the Settling
Party, City of Salem, concerning the Mansell Field Site. The proposed
settlement, which involves a mixed work and funding agreement with the
Settling Party, includes a compromise of up to $1.841 million in direct
and indirect EPA costs associated with EPA's contribution to the
implementation of a removal action at the Site. The settlement
agreement includes a covenant not to sue pursuant to sections 106 (for
the work) and 107(a) (for future response costs and EPA costs to
perform the work up to the amount of $1.841 million) of CERCLA, 42
U.S.C. 9606 and 9607(a), relating to the Site, and protection from
contribution actions or claims as provided by sections 113(f)(2) and
1229h)(4) of CERCLA. Pursuant to the terms of the proposed settlement,
EPA has reserved its right to recover any costs incurred to perform the
removal action that are above the amount of $1.841 million, as well as
EPA's past costs. The settlement has been approved by the Environmental
and Natural Resources Division of the United States Department of
Justice.
For 30 days following the date of publication of this notice, the
Agency will receive written comments relating solely to the cost
compromise component of the settlement under CERCLA section 107(a) (the
compromise of up to $1.841 million in direct and indirect EPA costs
associated with EPA's contribution to the implementation of a removal
action at the Site). Section XIV (Payment of Response Costs) of the
settlement agreement will become effective when EPA notifies Salem that
the public comment period has closed and that such comments, if any, do
not require that EPA modify or withdraw from consent to section XIV
(Payment of Response Costs) of this agreement. The United States will
consider all comments received and may seek to modify or withdraw
consent from the cost compromise contained in the proposed settlement
if comments received disclose facts or considerations which indicate
that the cost compromise contained in the settlement is inappropriate,
improper, or inadequate. The Agency's response to any comments received
will be available for public inspection at the Environmental Protection
Agency--Region I, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.
Meghan Cassidy,
Deputy Director, Superfund and Emergency Management Division.
[FR Doc. 2023-03988 Filed 2-24-23; 8:45 am]
BILLING CODE 6560-50-P
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