[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66354-66355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29805]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9092-5]


McClellan Air Force Base Superfund Site; Proposed Notice of 
Administrative Order on Consent

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: Notice is hereby given that a proposed administrative order on 
consent concerning portions of the McClellan Air Force Base Superfund 
Site (``Site'') in McClellan, California has been negotiated by the 
Agency and the Respondent, McClellan Business Park, LLC, a Delaware 
limited liability company. The proposed administrative order on consent 
concerns cleanup of portions of the Site pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9604, 
9606 and 9622 (``CERCLA''). Pursuant to a Federal Facilities Agreement 
(``FFA''), the U.S. Air Force is performing the CERCLA response actions 
for the Site; however, the FFA will be amended to suspend the 
obligations of the Air Force to conduct the response actions undertaken 
by the Respondent. The Air Force has prepared a Finding of Suitability 
for Early Transfer (``FOSET''), which has been subject to a public 
comment period. The Air Force will submit the FOSET to the 
Environmental Protection Agency (``EPA''), Region 9, and the State of 
California for their approval and upon approval of the FOSET, the Air 
Force will transfer portions of the Site to the County of Sacramento, 
which will then transfer those portions to the Respondent. The Air 
Force and the County of Sacramento have entered into an Environmental 
Services Cooperative Agreement, which requires the County of Sacramento 
to perform certain CERCLA response actions on the transferred portions 
of the Site, using funds supplied by the Air Force. The County of 
Sacramento has contracted with Respondent to conduct those CERCLA 
response actions. The proposed administrative order on

[[Page 66355]]

consent would require the Respondent to prepare and perform removal 
actions, one or more remedial investigations and feasibility studies 
and one or more remedial designs and remedial actions for certain 
contaminants present on the transferred portions of the Site, under the 
oversight of EPA and the State of California. The administrative order 
on consent also commits the Respondent to reimburse direct and indirect 
future response costs incurred by EPA in connection with actions 
conducted under CERCLA at the transferred portions of the Site.
    For thirty (30) calendar days following the date of publication of 
this notice, EPA will receive written comments relating to the proposed 
administrative order on consent. If requested prior to the expiration 
of this public comment period, EPA will provide an opportunity for a 
public meeting in the affected area. EPA's response to any comments 
received will be available for public inspection at the U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 
94105.

DATES: Comments must be submitted on or before January 14, 2010.

ADDRESSES: The proposed administrative order on consent may be obtained 
from Judith Winchell, Docket Clerk, telephone (415) 972-3124. Comments 
regarding the proposed administrative order on consent should be 
addressed to Judith Winchell (SFD-7) at United States EPA Region IX, 75 
Hawthorne Street, San Francisco, California 94105, and should reference 
``FOSET 1 Privatization, McClellan Superfund Site,'' and 
``Docket No. R9-2008-08''.

FOR FURTHER INFORMATION CONTACT: Sarah Mueller, Assistant Regional 
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; E-mail: 
[email protected]; phone: (415) 972-3953.

    Dated: December 9, 2009.
Keith Takata,
Director, Superfund Division, Region IX.
[FR Doc. E9-29805 Filed 12-14-09; 8:45 am]
BILLING CODE 6560-50-P