[Federal Register: September 5, 2002 (Volume 67, Number 172)]
[Notices]               
[Page 56832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se02-44]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7272-9]

 
Motorola 52nd Street Superfund Site, Phoenix, Arizona; Notice of 
Proposed Administrative Settlement

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for Public Comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C 
9600 et seq., notice is hereby given that a proposed Agreement and 
Covenant Not to Sue (Prospective Purchaser Agreement) associated with 
the Motorola 52nd Street Superfund Site (the Site) was executed by the 
United States Environmental Protection Agency (EPA) on August 28, 2002. 
The Prospective Purchaser Agreement would resolve certain potential 
claims of the United States under sections 106 and 107(a) of CERCLA, 42 
U.S.C 9606 and 9607(a), and section 7003 of the Resource Conservation 
and Recovery Act (RCRA), 42 U.S.C. 6973, against the City of Phoenix, a 
municipal corporation of the State of Arizona (Phoenix).
    Phoenix plans to acquire a parcel of land comprising 0.5 acres 
within Operable Unit 2 of the Site as part of an expansion of Sky 
Harbor International Airport. Phoenix plans to use this parcel for 
aviation-related purposes, including airfields, terminals, parking, 
airport administrative functions, and air cargo and aircraft 
maintenance operations. This acquisition is the latest step in the 
airport expansion begun in 2001, when EPA issued the first Prospective 
Purchaser Agreement (Docket No. 2000-06) to Phoenix, covering 6 
parcels, 22 acres in extent. According to the terms of this proposed 
Agreement, Phoenix will pay EPA $10,000, will provide access to the 
parcel to EPA as necessary to accomplish cleanup of the Site and will 
implement institutional controls on this property if requested by EPA.
    For thirty (30) calendar days following the date of publication of 
this notice, EPA will receive written comments relating to the proposed 
settlement. If requested prior to the expiration of this public comment 
period, EPA will provide an opportunity for a public meeting in the 
affected area. EPA's response to any comments received will be 
available for public inspection at the U.S. Environmental Protection 
Agency, 75 Hawthorne Street, San Francisco, California 94105.

DATES: Comments must be submitted on or before October 7, 2002.

ADDRESSES: The proposed Prospective Purchaser Agreement and additional 
background documents relating to the settlement are available for 
public inspection at the U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105. A copy of the proposed 
settlement may be obtained from William Keener, Assistant Regional 
Counsel (ORC-1), Office of Regional Counsel, U.S. EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105. Comments should reference 
``City of Phoenix PPA 2, Motorola 52nd Street Site'' and 
``Docket No. 2002-07,'' and should be addressed to William Keener at 
the above address.

FOR FURTHER INFORMATION CONTACT: William Keener, Assistant Regional 
Counsel (ORC-1), Office of Regional Counsel, U.S. EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; phone: (415) 972-3940; fax: 
(415) 947-3570; e-mail: keener.bill@epa.gov

    Dated: August 28, 2002.
Jane Diamond,
Acting Director, Superfund Division, U.S. EPA, Region IX.
[FR Doc. 02-22610 Filed 9-4-02; 8:45 am]
BILLING CODE 6560-50-P