[Federal Register: February 11, 2003 (Volume 68, Number 28)]
[Notices]               
[Page 6915-6916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe03-61]                         


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ENVIRONMENTAL PROTECTION AGENCY


[FRL-7450-7]


 
Notice of Proposed Prospective Purchaser Agreement Pursuant to 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as Amended, Ithaca Gun Company Superfund Site


AGENCY: Environmental Protection Agency.


ACTION: Notice; request for public comment.


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SUMMARY: Notification is hereby given that a Prospective Purchaser 
Agreement (``PPA'') associated with the Ithaca Gun Company Superfund 
Site (``Site'') located in Ithaca, New York was executed by the 
Environmental Protection Agency (``EPA'') and the


[[Page 6916]]


United States Department of Justice. This Agreement is subject to final 
approval after the comment period. The PPA would resolve certain 
potential EPA claims under Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), 42 U.S.C. 9606 and 9607, against Fall Creek 
Redevelopment, L.L.C., the prospective purchaser.
    The settlement would require the purchaser to pay $50,000 to EPA. 
The purchaser intends to use a parcel of land that is part of the Site 
property to create a commercial/residential development in the Ithaca 
Falls area in the City of Ithaca, New York. That property, and 
adjoining Site property which is expected to be dedicated as parkland 
by the City of Ithaca, are currently subject to an EPA response action 
under CERCLA for the removal of lead-contaminated soils. The purchaser 
has agreed to provide EPA with an irrevocable right of access to the 
Site, to conduct all business in compliance with all applicable local, 
State, and federal laws and regulations, and to exercise due care at 
the Site. The purchaser will record a notice with the County Clerk's 
Office that the property is part of the Site subject to the EPA removal 
action.
    For thirty (30) days following the date of publication of this 
document, the Agency will receive written comments relating to the 
proposed settlement. The Agency's response to any comments received 
will be available for public inspection at the U.S. Environmental 
Protection Agency, Region II, 290 Broadway, New York, New York 10007-
1866.
    Availability: The proposed settlement is available for public 
inspection at the U.S. Environmental Protection Agency, Region II, 290 
Broadway, New York, New York 10007-1866. A copy of the proposed 
Agreement may be obtained from George A. Shanahan, Assistant Regional 
Counsel, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
New York, New York 10007-1866. Comments should reference the ``Ithaca 
Gun Superfund Site Prospective Purchaser Agreement'' and should be 
forwarded to Mr. Shanahan, at the above address.


FOR FURTHER INFORMATION CONTACT: George A. Shanahan, Assistant Regional 
Counsel, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
New York, New York 10007-1866 or at (212) 637-3171.


    Dated: January 29, 2003.
William J. Muszynski,
P.E., Deputy Regional Administrator, EPA Region 2.
[FR Doc. 03-3415 Filed 2-10-03; 8:45 am]

BILLING CODE 6560-50-P