2024-19580. Proposed CERCLA Cost Recovery Settlement for the Lake Erie Smelting Corp. Superfund Site, Buffalo, Erie County, New York

Document Headings

Document headings vary by document type but may contain the following:

1. the agency or agencies that issued and signed a document
2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
3. the agency docket number / agency internal file number
4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions

See the Document Drafting Handbook for more details.

Environmental Protection Agency

1. [CERCLA-02-2024-2012; FRL-12208-01-R2]

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice; request for public comment.

SUMMARY:

In accordance with section 122(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (“CERCLA”), notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 2, of a proposed cost recovery settlement agreement (Settlement) pursuant to CERCLA with the City of Buffalo and Metalico Buffalo, Inc. (Settling Parties) relating to the Lake Erie Smelting Corp. Superfund Site (Site), located in Buffalo, Erie County, New York.

DATES:

Comments must be submitted on or before September 30, 2024.

ADDRESSES:

Requests for copies of the proposed Settlement and submission of comments must be via electronic mail. Comments should reference the Lake Erie Smelting Corp. Superfund Site, Buffalo, Erie County, New York, Index No. CERCLA-02-2024-2012. For those unable to communicate via electronic mail, please contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT:

Andrea Leshak, Attorney, Office of Regional Counsel, New York/Caribbean Superfund Branch, U.S. Environmental Protection Agency, 290 Broadway, 17th Floor, New York, NY 10007-1866. Email: [e-mail]. Telephone: [phone].

SUPPLEMENTARY INFORMATION:

The Settling Parties will pay to the United States $100,000.00 for past costs incurred by EPA at the Site. The Settlement includes a covenant by EPA not to sue or to take administrative action against the Settling Parties pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to EPA's past response costs as provided in the Settlement. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Settlement. EPA will consider all comments received and may modify or withdraw its consent to the proposed 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 2, 290 Broadway, New York, New York 10007-1866.

Pasquale Evangelista,

Director, Superfund & Emergency Management Division, U.S. Environmental Protection Agency Region 2.