[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Notices]
[Pages 17377-17378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8653]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7478-4]


Notice of Proposed Lessee Agreement Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
Amended by the Superfund Amendments and Reauthorization Act and the 
Solid Waste Disposal Act, Commonly Referred to as the Resource 
Conservation and Recovery Act of 1976, as Amended by the Hazardous and 
Solid Waste Amendments of 1984 (``RCRA'')

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. 
9601-9675, and the Solid Waste Disposal Act, commonly referred to as 
the Resource Conservation and Recovery Act of 1976, as amended by the 
Hazardous and Solid Waste Amendments of 1984 (``RCRA''), 42 U.S.C. 
6901-6992k, notice is hereby given that a proposed Prospective Lessee 
Agreement (``Lessee Agreement'') associated with a 27-acre parcel of 
property formerly owned and operated by Allied-Signal located in 
Baltimore, Maryland (the ``Property''), was executed by the 
Environmental Protection Agency, the Maryland

[[Page 17378]]

Department of the Environment and the Department of Justice and is now 
subject to public comment, after which the United States and the State 
of Maryland may modify or withdraw their consent if comments received 
disclose facts or considerations which indicate that the Lessee 
Agreement is inappropriate, improper, or inadequate. The Lessee 
Agreement will resolve certain potential EPA claims under sections 106 
and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a); sections 3008(h) and 
7003 of RCRA, 42 U.S.C. 6928(h) and 6973 and MDE claims under Title 7, 
Subtitle 2 of the Environment Article of the Annotated Code of Maryland 
against SBER Harbor Point, LLC and Harbor Point Development, LLC (the 
``Lessees'').
    During its operation and ownership of the Property, Allied-Signal 
used the Property for chromium processing activities which contributed 
to chromium contamination in the soil and the groundwater at the 
Property. In June 1989, Region III, the MDE and Allied-Signal entered 
into a Consent Decree under RCRA under which Allied-Signal agreed to 
conduct an on-site and off-site investigation. As a result of those 
investigations, EPA and MDE chose a remedy for the Site which required 
Allied-Signal to, among other things, construct a hydraulic barrier to 
contain the contaminated groundwater and conduct perpetual monitoring.
    EPA and MDE have determined that Honeywell, the current owner of 
the Property, is successfully completing the requirements under the 
Consent Decree. Upon entering a lease with the Lessees, Honeywell will 
still be required to complete and maintain the remedy as provided for 
under the Consent Decree.
    For fifteen (15) days following the date of publication of this 
notice, the Agency will accept written comments relating to the 
proposed Lessee Agreement. The Agency's response to any comments 
received will be available for public inspection at the U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103.

DATES: Comments must be submitted on or before April 24, 2003.
    Availability: The proposed Lessee Agreement and additional 
background information relating to the proposed Lessee Agreement are 
available for public inspection at the U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. A copy of 
the proposed Lessee Agreement may be obtained from Suzanne Canning, 
U.S. Environmental Protection Agency, Legal Program Coordinator 
(3RC00), 1650 Arch Street, Philadelphia, PA 19103. Comments should 
reference the ``Allied-Signal Prospective Lessee Agreement'' and 
``RCRA-03-2003-0088TH,'' and should be forwarded to Suzanne Canning at 
the above address.

FOR FURTHER INFORMATION CONTACT: Sheila Briggs-Steuteville (3RC43), 
Senior Assistant Regional Counsel, U.S. Environmental Protection 
Agency, 1650 Arch Street, Philadelphia, PA 19103, Phone: (215) 814-
2468.

    Dated: April 2, 2003.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 03-8653 Filed 4-8-03; 8:45 am]
BILLING CODE 6560-50-P