[Federal Register Volume 65, Number 117 (Friday, June 16, 2000)]
[Notices]
[Pages 37781-37782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15295]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6714-9]


Proposed Prospective Purchaser Agreement Under CERCLA for the 
Solar Paints & Varnishes Superfund Site

AGENCY: U.S. Environmental Protection Agency (``USEPA'').

ACTION:  Proposal of CERCLA Prospective Purchaser Agreement for the 
Solar Paints & Varnishes Superfund Site.

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SUMMARY: USEPA is proposing to execute a Prospective Purchaser 
Agreement (``PPA'') under authority of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``CERCLA''), 42 
U.S.C. 9601 et seq., as amended, and under the inherent authority of 
the Attorney General of the United States to compromise and settle 
claims of the

[[Page 37782]]

United States, for the transfer of title to property at the Solar 
Paints & Varnishes Superfund Site to Ralos, LLC. Ralos, in turn, will 
lease the property to Excel Connection, Inc. and Marshall Erecting, 
Inc. The owner of all three companies is Mr. Joseph Marshall. These 
companies and Mr. Marshall are all Settling Respondents under the PPA.
    In return for a covenant not to sue and contribution protection 
from USEPA, the Settling Respondents will continue to participate in 
the Wisconsin Department of Natural Resources (``WDNR'') Voluntary 
Clean-Up Program for further investigation and remediation of any 
remaining contamination at the Site, and redevelopment of the Site. The 
proposed PPA has been executed by the Settling Respondents, and has 
been submitted to the Attorney General for approval. USEPA today is 
proposing to execute the PPA because it achieves a benefit for the 
community where the Site is located by encouraging the reuse or 
redevelopment of property at which fear of Superfund liability may have 
been a barrier, thereby fulfilling USEPA's Brownfields policies and 
goals. The Site is not on the National Priorities List. No further 
response activities by USEPA are anticipated at the Site at this time.

DATES: Comments on this proposed PPA must be received on or before July 
17, 2000.

ADDRESSES: A copy of the proposed PPA is available for review at USEPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please 
contact Kevin C. Chow at (312) 353-6181 prior to visiting the Region 5 
office. Comments on the proposed PPA should be addressed to Kevin C. 
Chow, Office of Regional Counsel (C-14J), USEPA, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Kevin C. Chow, Office of Regional 
Counsel, at (312) 353-6181.

SUPPLEMENTARY INFORMATION: The Site is located at 5375 South Ninth 
Street, Milwaukee, Wisconsin, and is about 6.23 acres in size. Solar 
Paints manufactured paint at the facility until May 1995, when it filed 
for bankruptcy. Solar Paints retained title to the property. Upon 
ending operations, Solar Paints left behind paint, paint ingredients, 
varnishes, and solvents containing hazardous substances throughout the 
Site.
    Because of these conditions, USEPA determined that the Site posed 
an imminent and substantial endangerment to human health and 
environment, and undertook at emergency removal action. USEPA concluded 
the clean-up on December 8, 1995, and perfected a lien for its response 
costs in February 1996.
    Upon acquiring title to Site property, the Settling Respondents 
will investigate and remediate any remaining hazardous substances under 
the WDNR's Voluntary Clean-Up Program, and redevelop the property in 
order to locate their equipment moving and wire harness assembly 
businesses there, thereby returning an abandoned Superfund site to 
productive use and creating jobs.
    Under the proposed PPA, USEPA covenants not to sue and provides 
contribution protection to the Settling Respondents as consideration 
for these clean-up and redevelopment activities. Additionally, upon the 
Settling Respondents' performance of their obligations under the PPA, 
USEPA will remove its lien on property acquired by the Settling 
Respondents. A 30-day period, beginning on the date of publication of 
this notice, is open for comments on the proposed Prospective Purchaser 
Agreement.

Doug Ballotti,
Acting Director, Superfund Division, United States Environmental 
Protection Agency, Region 5.
[FR Doc. 00-15295 Filed 6-15-00; 8:45 am]
BILLING CODE 6560-50-M