[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3348-3349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00416]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2016-N222; FVHC98310503020-XXX-FF05E1NY00]
Proposed Settlement Agreement Under Environmental Protection
Statutes
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of proposed settlement; request for public comments.
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SUMMARY: Notice is hereby given that the Department of the Interior,
U.S. Fish and Wildlife Service (DOI), together with the State of New
York Department of Environmental Conservation (DEC), reached agreement
on a proposed settlement with Atlantic Richfield Company regarding
natural resource
[[Page 3349]]
damages arising from environmental contamination at the Sinclair
Refinery Superfund Site, located in Allegany County, New York. The
settlement will resolve claims under the Comprehensive Environmental
Response, Compensation, and Liability Act; the Oil Pollution Act; the
Clean Water Act; and applicable State law.
DATES: Comments must be submitted by February 10, 2017.
ADDRESSES: Document availability: A copy of the proposed settlement may
be obtained from Amy Roe, USFWS Biologist, by mail to the U.S. Fish and
Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, NY
13045; via email to amy_roe@fws.gov; or via telephone at 607-753-9334.
Comment submission: Comments should be addressed to Amy Roe at the
contact information listed above and should reference the Sinclair
Refinery Superfund Site.
DOI response to comments: DOI's response to any comments received
will be available for public inspection at https://www.fws.gov/northeast/nyfo/ec/nrda.htm.
FOR FURTHER INFORMATION CONTACT: Direct technical questions to Amy Roe
(see ADDRESSES). For legal questions, contact Mark Barash, via mail to
the Office of the Solicitor, U.S. Department of the Interior, Suite
612, 1 Gateway Center, 300 Washington Street, Newton, MA 02458; via
email to mark.barash@sol.doi.gov; or via telephone at 617-527-2103.
SUPPLEMENTARY INFORMATION: This proposed settlement with Atlantic
Richfield Company regarding natural resource damages arising from
environmental contamination at the Sinclair Refinery Superfund Site,
located in Allegany County, NY, will resolve claims in accordance with
section 122(j) of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9622(j);
CERCLA), and Executive Order 12580 (52 FR 2923; January 29, 1987). The
settling party to this settlement is Atlantic Richfield Company. The
settlement includes a covenant not to sue the settling party pursuant
to section 107(a)(1)(C) of CERCLA, 42 U.S.C. 9607(a)(1)(C); the Oil
Pollution Act of 1990, 33 U.S.C. 2701 et seq.; and the natural resource
damages provisions of the Clean Water Act, 33 U.S.C. 1321(f)(4).
The settlement will require Atlantic Richfield Company to pay a
total of $275,000. DOI and DEC will receive $9,000 and $1,500,
respectively, to reimburse assessment costs. The rest of the money,
$264,500, will fund projects to restore, rehabilitate, replace, and/or
acquire the equivalent of the natural resources injured at the site,
including the costs of restoration planning and oversight activities.
In exchange, DOI and DEC will provide the settling party a covenant not
to sue. 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 (see
DATES), DOI will receive written comments relating to the settlement
(section XI of the proposed settlement). DOI and DEC will consider all
comments received and may modify or withdraw their consent to
settlement if comments received disclose facts or considerations that
indicate that the settlement is inappropriate, improper, or inadequate.
Written comments that we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee we will be able to do so. All submissions from organizations
or businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
made available for public disclosure in their entirety.
Dated: December 28, 2016.
Deborah Rocque,
Acting Regional Director, Northeast Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2017-00416 Filed 1-10-17; 8:45 am]
BILLING CODE 4333-15-P