[Federal Register: December 19, 2001 (Volume 66, Number 244)]
[Notices]               
[Page 65490-65491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de01-39]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7120-1]

 
Lorentz Barrel & Drum Superfund Site Notice of Proposed 
Administrative Settlement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (CERCLA), 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 Lorentz 
Barrel & Drum National Priorities List Superfund Site was executed by 
the United States Environmental Protection Agency (EPA) on November 20, 
2001. The proposed 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) against 10th Street Land 
Management, a California corporation, (the Purchaser). The Purchaser 
plans to acquire the 5-acre parcel constituting the Superfund Site, 
located at the intersection of S. 10th Street and Alma Avenue, San 
Jose, California, and operate it as a parking and storage facility for 
commercial trucks, other vehicles and equipment.
    In exchange for the settlement, 10th Street Land Management has 
agreed to pay EPA $408,000 in cash that will be placed in a special 
account for use at the Site. In addition, 10th Street Land Management 
has agreed to maintain the asphalt cap.
    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, CA 94105.

DATES: Comments must be submitted on or before January 18, 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 
``10th Street Land Management PPA, Lorentz Barrel &

[[Page 65491]]

Drum Superfund Site'' and ``Docket No. 2002-04'' 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: December 12, 2001.
Jane Diamond,
Acting Director, Superfund Division, U.S. EPA, Region IX.
[FR Doc. 01-31241 Filed 12-18-01; 8:45 am]
BILLING CODE 6560-50-P