[Federal Register: December 3, 2002 (Volume 67, Number 232)]
[Notices]               
[Page 71965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de02-84]                         


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ENVIRONMENTAL PROTECTION AGENCY


[FRL-7416-2]


 
Proposed CERCLA Administrative Agreement Relating to the Liberty 
Industrial Finishing Superfund Site, Town of Oyster Bay, Nassau County, 
New York


AGENCY: Environmental Protection Agency.


ACTION: Notice; request for public comment.


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SUMMARY: In accordance with the Agency's May 24, 1995, ``Guidance on 
Agreements with Prospective Purchasers of Contaminated Property,'' 
notice is hereby given of a proposed prospective purchaser agreement 
(``PPA agreement'') with the Town of Oyster Bay (the ``Town'') 
concerning their possible acquisition, by eminent domain, of an 
approximately 15-acre parcel of real property (the ``Property'') 
included within the Liberty Industrial Finishing Superfund Site in the 
Town of Oyster Bay, Nassau County, New York (the ``Site''). Under the 
PPA agreement, the United States would covenant not to sue or take 
administrative action against the Town under section 106 or 107(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (``CERCLA'') if the Town becomes the owner of 
the Property. In exchange, the Town will pay to EPA the difference 
between the value of the Property, determined as though the Property 
was not contaminated, and the amount that the Town is required to pay 
to the owners of the Property for the eminent domain taking, but in no 
event less than $500,000 nor more than $5,300,000. By publication of 
this notice, a 30 day period has been established in which the Agency 
will accept written comments relating to the PPA agreement. The Agency 
will consider all comments received and may modify or withdraw its 
consent to the PPA agreement if comments received disclose facts or 
considerations which indicate that the agreement is inappropriate, 
improper, or inadequate. The Agency's response to any comments received 
will be available for public inspection at the U.S. Environmental 
Protection Agency, Region II, Office of Regional Counsel, New York/
Caribbean Superfund Branch, 290 Broadway, 17th Floor, New York, NY 
10007-1866.


DATES: Comments must be submitted on or before January 2, 2003.


ADDRESSES: The proposed PPA agreement is available for public 
inspection at the U.S. Environmental Protection Agency, Region II, 
Superfund Records Center, 290 Broadway, 18th Floor, New York, NY 10007-
1866. A copy of the proposed PPA agreement may be obtained from the 
individual listed below. Comments should reference the Liberty 
Industrial Finishing Superfund Site, Nassau County, New York and EPA 
Index No. CERCLA-02-2002-2019, and should be addressed to the 
individual listed below.


FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional 
Counsel, New York/Caribbean Superfund Branch, Office of Regional 
Counsel, U.S. Environmental Protection Agency, 290 Broadway, 17th 
Floor, New York, NY 10007-1866, Telephone: (212) 637-3168.


    Dated: November 18, 2002.
William J. Muszynski,
Deputy Regional Administrator, U.S. Environmental Protection Agency, 
Region II.
[FR Doc. 02-30600 Filed 12-2-02; 8:45 am]

BILLING CODE 6560-50-P