[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45852-45853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21397]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8952-9]


Notice of Proposed Settlement Agreement and Opportunity for 
Public Comment: Coeburn Produce Disposal Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERCLA), 42 U.S.C. 9622(h)(1), notice is hereby given of a 
Proposed Settlement Agreement and Administrative Order, Docket No. 
CERC-03-2009-0076CR (Proposed Settlement Agreement), that is intended 
to resolve the potential liability under CERCLA of two parties for 
response costs incurred by EPA and the United States Department of 
Justice on behalf of EPA, in connection with the Coeburn Produce 
Disposal Site, Coeburn, Wise County, Virginia (Site).

DATES: Written comments on the Proposed Settlement Agreement must be 
received by October 5, 2009.

ADDRESSES. Submit your comments, identified by Docket No. CERC-03-2009-
0076-CR, by mail to: Docket Clerk (3RC00), United States Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029.

FOR FURTHER INFORMATION CONTACT: James Van Orden (3RC42), Office of 
Regional Counsel, U.S. EPA, 1650 Arch Street, Philadelphia, PA 19103-
2029, telephone: (215) 814-2693, fax number (215) 814-2603 e-mail 
address: [email protected].
    Maria Goodine (3HS62), U.S. EPA, 1650 Arch Street, Philadelphia, PA 
19103-2029, telephone: (215) 814-2488, fax number (215) 814-2603, e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    Notice is hereby given of a Proposed Settlement Agreement and 
Administrative Order, Docket No. CERC-03-2009-0076CR, among the United 
States Environmental Protection Agency, Fuller Investments, Inc. and 
the Town of Coeburn, that has been approved, subject to public comment, 
pursuant to Section 122(h)(1) of CERCLA. The Proposed Settlement 
Agreement was signed by the Director of the Hazardous Site Cleanup 
Division, EPA Region III, on August 5, 2009. The Proposed Settlement 
Agreement provides for recovery of $185,000.00 from Fuller Investments, 
Inc., which represents approximately 7.11% of the $2,600,864.50 in 
costs incurred by EPA and the U.S. Department of Justice on behalf of 
EPA in connection with the Site. The Town of Coeburn will not make any 
payment, but will be required to impose institutional controls at the 
Site and to maintain the remedy at the Site.
    The Environmental Protection Agency will receive written comments 
on the Proposed Settlement Agreement for a period of thirty (30) days 
from the date of publication of this Notice. EPA or the Department of 
Justice may withdraw or withhold consent to the Proposed Settlement 
Agreement if the comments disclose facts or considerations that 
indicate that such consent is inappropriate, improper, inadequate, or 
inconsistent with the requirements of CERCLA. Unless EPA or the 
Department of Justice determines, based on any comments which may be 
submitted, that consent to the Proposed Settlement Agreement should be 
withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How Can I Get A Copy of the Proposed Settlement Agreement?

    A copy of the Proposed Settlement Agreement can be obtained from 
the United States Environmental Protection Agency, Region III, Office 
of Regional Counsel (3RC00), 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029 by contacting James Van Orden, Assistant 
Regional Counsel, at (215) 814-2693, or via e-mail at 
[email protected]. It is important to note that it is EPA's policy 
to make public comments, whether submitted electronically or in paper, 
available to the public, unless the comment contains copyrighted 
material,

[[Page 45853]]

CBI, or other information whose disclosure is restricted by statute.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and e-mail address or other contact 
information in the body of your comment. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. Any 
identifying or contact information provided in the body of a comment 
will be included as part of the comment. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.

    Dated: August 28, 2009.
Paul Leonard,
Acting Director, Hazardous Site Cleanup Division, Region III.
[FR Doc. E9-21397 Filed 9-3-09; 8:45 am]
BILLING CODE 6560-50-P