[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Page 10787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4780]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6544-1]


Prospective Purchaser Agreement for Resolution of CERCLA Past 
Costs

AGENCY: U.S. Environmental Protection Agency (U.S. EPA).

ACTION: Notice; proposed CERCLA prospective purchaser agreement.

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

SUMMARY: U.S. EPA is proposing to execute a Prospective Purchaser 
agreement (PPA) under section 122 of CERCLA (and pursuant to the 
inherent authority of the Attorney General of the United States) for 
the arranged transfer of title of the Gary Lagoons Superfund Site 
property from a Potentially Responsible Party (PRP) Conant Land Limited 
(Conant) to the Indiana Department of Natural Resources (IDNR). In 
return for a covenant not to sue and contribution protection from U.S. 
EPA, and a covenant not to sue for federal and state Natural Resource 
Damages claims from the U.S. Department of the Interior (DOI) and the 
State of Indiana Department of Environmental Management (IDEM), IDNR 
will commit to maintaining the Site property in its pristine natural 
Dune and Swale ecological condition. U.S. EPA is today proposing to 
accept this arrangement because it forwards the Agency's public policy 
of protecting human health and the environment, and through the use of 
a PPA, it allows the State of Indiana to take control of the Site 
property for the public good. U.S. EPA will resolve outstanding costs 
of approximately $4,031,000 dollars, as against IDNR.

DATES: Comments on this proposed settlement must be received on or 
before March 30, 2000.

ADDRESSES: Copies of the proposed settlement are available at the 
following address for review. (It is recommended that you telephone Mr. 
Derrick Kimbough at (312) 886-9749 before visiting the Region V 
Office). Mr. Derrick Kimbrough, OPA (P19-J), Coordinator, Office of 
Public Affairs, U.S. Environmental Protection Agency, Region V, 77 W. 
Jackson Boulevard (P-19J), Chicago, Illinois 60604, (312) 886-9749.
    Comments on this proposed settlement should be addressed to: 
(Please submit an original and three copies, if possible). Mr. Derrick 
Kimbrough, Coordinator, Office of Public Affairs, U.S. Environmental 
Protection Agency, Region V, 77 W. Jackson Boulevard (P-19J), Chicago, 
Illinois 60604, (312) 886-9749.

FOR FURTHER INFORMATION CONTACT: Mr. Derrick Kimbrough, Office of 
Public Affairs, at (312) 886-9749.

SUPPLEMENTARY INFORMATION: The Site is a 7-acre vacant property located 
at 5622 and 5624-34 Industrial Highway in Gary, Indiana (Lake County). 
The Site consisted of two unlined and uncovered lagoons situated in a 
sandy environment and surrounded by marshes and wetlands. Pursuant to 
the terms of the prospective Purchaser Agreement, the Prospective 
Purchaser (IDNR) will receive this site free of CERCLA liability and 
Federal or State Natural Resource Damages claims, and EPA will release 
the federal CERCLA Lien currently placed on the site property. A 30-day 
period, beginning on the date of publication, is open pursuant to 
section 122(1) of CERCLA for comments on the proposed prospective 
Purchaser Agreement. Comments should be sent to Mr. Derrick Kimbrough 
of the Office of Public Affairs (P-19J), U.S. Environmental Protection 
Agency, Region 5, 77 W. Jackson Boulevard, Chicago, Illinois 60604.

William E. Muno,
Director, Superfund Division.
[FR Doc. 00-4780 Filed 2-28-00; 8:45 am]
BILLING CODE 6560-50-M