Notices. Notice; request for public comment

457 words·~2 min read·/register/2003/10/10/03-25806

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BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7571-6] Notice of Proposed Administrative Cost Recovery Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Environmental Protection Agency. ACTION: Notice; request for public comment. SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), notice is hereby given of a proposed administrative cost recovery settlement under Section 122(h)(1) of CERCLA concerning the Windham Alloys site in Windham, Ohio which was signed by the EPA Superfund Division Director, Region 5, on September 30, 2003.

The settlement resolves EPA's claim for past costs under Section 107(a) of CERCLA against the estate of Tony D. Rubino, the Tony D. Revocable Trust, the Irene Rubino Revocable Trust and the trustee and executor of the trusts and estate, Jack Alpern (Settling Parties). EPA has determined that the Settling parties are financially able to pay a portion of EPA's past costs if Settling Parties sell certain real property. The settlement requires the Settling Parties to use their best efforts to sell real property held in the estate and trusts and to pay to the Hazardous Substances Superfund a percentage of the proceeds from the sale of the real estate minus reasonable closing costs.

The payments are due within 30 days of the transfers. If both properties sell for approximately their fair market value, the Settling Parties' payments to the Hazardous Substances Superfund will be approximately $520,000. For thirty

(30)days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the Superfund Records Center, located at 77 West Jackson Boulevard, Seventh Floor, Chicago, Illinois. DATES: Comments must be submitted on or before November 10, 2003. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at the Superfund Records Center, located at 77 West Jackson Boulevard, Seventh Floor, Chicago, Illinois. A copy of the proposed settlement may be obtained from the Superfund Records Center, located at 77 West Jackson Boulevard, Seventh Floor, Chicago, Illinois. Comments should reference the Windham Alloys site and EPA Docket No. V-W-03-760 and should be addressed to Randa Bishlawi, Associate Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago, Illinois 60604. FOR FURTHER INFORMATION CONTACT: Randa Bishlawi,

(312)886-0510, Associate Regional Counsel, 77 West Jackson Boulevard (C-14J), Chicago, Illinois 60604. Dated: September 30, 2003. William E. Muno, Director, Superfund Divison, Region 5. [FR Doc. 03-25806 Filed 10-9-03; 8:45 am]