[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Notices]
[Pages 22943-22944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9249]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8559-2]


Notice of Proposed Administrative Settlement Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act

AGENCY:  Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122(h)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(h)(1), notice is hereby given of a 
proposed administrative settlement concerning the Webster-Gulf Nuclear 
Superfund Site, Gulf Nuclear Superfund Site, and the Tavenor-Gulf 
Nuclear Superfund Site, collectively known as the Gulf Nuclear 
Superfund Site (the Sites). The Sites are located in Webster, Harris 
County, Texas; Odessa, Ector County, Texas; and Houston, Harris County, 
Texas.
    The Settling Party, the Texas Department of State Health Services 
(DSHS) has provided to EPA In-Kind Services valued at $124,592.40. A 
$102,000 portion of the value of the In-Kind Services already provided 
shall be valued as consideration in the Settlement Agreement. The 
remaining In-Kind Services value of $22,592.40 will be available to the 
Settling Party to use as credit for any expenditure of costs at the 
Sites that go beyond EPA's estimated response costs of $29,864,194.82. 
The purpose of this Agreement is to settle the claims for past costs 
incurred by EPA against DSHS, a

[[Page 22944]]

potentially responsible party (PRP) who arranged for the disposal or 
treatment of hazardous substances at the Sites. The settlement includes 
a covenant not to sue which includes, but is not limited to: (1) Any 
direct or indirect claim for reimbursement from the EPA Hazardous 
Substance Superfund pursuant to Sections 106(b)(2), 107, 111, 112, or 
113 of CERCLA, 42 U.S.C. 9606(b)(2), 9607, 9611, 9612, or 9613; (2) any 
claims arising out of the response actions at or in connection with the 
Sites; and (3) any claims against the United States pursuant to 
Sections 107 and 113 of CERCLA, 42 U.S.C. 9607 and 9613, relating to 
the Sites.
    For thirty (30) days following 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 1445 Ross 
Avenue, Dallas, Texas 75202-2733.

DATES: Comments must be submitted on or before May 28, 2008.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the 
proposed settlement may be obtained from Kenneth Talton, 1445 Ross 
Avenue, Dallas, Texas 75202-2733 at (214) 665-7475. Comments should 
reference the Webster-Gulf Nuclear Superfund Site, Gulf Nuclear 
Superfund Site, and the Tavenor-Gulf Nuclear Superfund Site, 
collectively known as the Gulf Nuclear Superfund Site, Webster and 
Odessa, Texas, EPA Docket Number 06-01-08 and should be addressed to 
Kenneth Talton at the address listed above.

FOR FURTHER INFORMATION CONTACT: Amy Salinas, 1445 Ross Avenue, Dallas, 
Texas 75202-2733 at (214) 665-8063.

    Dated: April 18, 2008.
Lawrence E. Starfield,
Deputy Regional Administrator (6RA), Region 6.
[FR Doc. E8-9249 Filed 4-25-08; 8:45 am]
BILLING CODE 6560-50-P