[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Notices]
[Page 52585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22541]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7552-5]


Proposed Administrative Past Cost Settlement Under Section 
122(h)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act; In the Matter of Ohio Drum Superfund Site, Cleveland, OH

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative settlement for recovery of past response costs 
concerning the Ohio Drum Superfund Site (``the Site'') in Cleveland, 
Ohio, with five parties: DeSantis Paint Manufacturing Co., City Barrel 
& Drum Company, Elmer Freiberg, David Tvert, and Cuyahoga Chemical 
Company (``the settling parties''). The settlement requires DeSantis 
Paint Manufacturing Co. to pay $500.00 to the Hazardous Substance 
Superfund. City Barrel & Drum Company will pay $5,000.00 to the 
Hazardous Substance Superfund. Elmer Freiberg will pay $500.00 to the 
Hazardous Substance Superfund. David Tvert will pay $10,000.00 to the 
Hazardous Substance Superfund. Cuyahoga Chemical Company will pay 
$100.00 to the Hazardous Substance Superfund.
    Under the terms of the settlement, the settling parties agree to 
pay their respective settlement amounts. In exchange for their 
payments, the United States covenants not to sue or take administrative 
action pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), to 
recover costs that the United States paid in connection with the Site 
through February 1, 2003. In addition, the settling parties are 
entitled to protection from contribution actions or claims as provided 
by sections 113(f) and 122(h)(4) of CERCLA, 42 U.S.C. 9613(f) and 
9622(h)(4), for response costs incurred by any person at the Site.
    For thirty (30) days after the date of publication of this notice, 
the Agency will receive written comments relating to the settlement. 
The Agency will consider all comments received and may modify or 
withdraw its consent to the settlement if comments received disclose 
facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at EPA's 
Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604, 
and at the Cleveland Public Library, Cleveland, Ohio.

DATES: Comments must be submitted on or before October 6, 2003.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. A copy of the proposed settlement may be obtained from 
Peter Felitti, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 
77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-5114. 
Comments should reference the Ohio Drum Superfund Site, Cleveland, 
Ohio, and EPA Docket No. V-W-03-C-749, and should be addressed to Peter 
Felitti, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 W. 
Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Peter Felitti, Associate Regional 
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, 
Illinois 60604, telephone (312) 886-5114.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, 
et seq.

    Dated: August 5, 2003.
William E. Muno,
Director, Superfund Division.
[FR Doc. 03-22541 Filed 9-3-03; 8:45 am]
BILLING CODE 6560-50-M