[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Pages 65353-65354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27131]




Proposed Prospective Purchaser Agreement under CERCLA for the 
Midwest Portland Cement Superfund Site

AGENCY: United States Environmental Protection Agency (``USEPA'').

ACTION: Proposal of CERCLA prospective purchaser agreement for the 
Midwest Portland Cement Superfund Site.


SUMMARY: USEPA is proposing to execute a Prospective Purchaser 
Agreement (``PPA'') under authority of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (``CERCLA''), 42 
U.S.C. 9601 et seq., as amended, and under the inherent authority of 
the Attorney General of the United States to compromise and settle 
claims of the United States, for the transfer of title to property at 
the Midwest Portland Cement Superfund Site, located in East Fultonham, 
Ohio, to a purchaser who will obtain title to the Site through the 
judicial sale process. The PPA is intended to resolve the liability 
under CERCLA of the purchaser for costs incurred by USEPA in conducting 
response actions at the Site. In return for a covenant not to sue and 
contribution protection from USEPA, subject to standard reservations of 
rights, the purchaser will pay $350,000 in reimbursement of USEPA's 
response costs.
    The Site was operated by the Midwest Portland Cement Company 
(``MPC'') as a cement manufacturing and limestone mining facility until 
ceasing operations in March, 1993. USEPA's response action at the Site 
was completed on January 20, 1998. The Site is not on the National 
Priorities List. No further response activities by USEPA are 
anticipated at the Site at this time. The MPC estate is being 
liquidated under Chapter 7 of the Bankruptcy Code in the United States 
Bankruptcy Court for the Western District of Pennsylvania (Case No. 97-
23098-JLC). MPC's real estate was the subject of a judicial sale that 
took place on June 18, 2002.

DATES: Comments on this proposed PPA must be received by November 25, 

ADDRESSES: A copy of the proposed PPA is available for review at USEPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please 
contact Kevin C. Chow at (312) 353-6181, prior to visiting the Region 5 
office. Comments on the proposed PPA should be addressed to Kevin C. 
Chow, Office of Regional Counsel (C-14J), USEPA, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Kevin C. Chow, Office of Regional 
Counsel, at (312) 353-6181.

SUPPLEMENTARY INFORMATION: In accordance with CERCLA, notice is hereby 
given of a proposed Prospective Purchaser Agreement concerning the 
Midwest Portland Cement Superfund Site, located at 6400 Maysville Pike, 
East Fultonham, Muskingum County, Ohio. The proposed PPA has been 
signed and approved by USEPA and the Department of Justice, subject to 
review by the public pursuant to this Notice. The purchaser--Belmont 
Leasing, Inc. (``Belmont Leasing'')--participated in the judicial sale 
of the Site and successfully bid for title to the property. Belmont 
Leasing will be required to execute the signature page for the PPA at 
the closing of the sale. Under the proposed PPA, the Settling 
Respondent will pay $350,000 in reimbursement of USEPA's response 
costs, and will

[[Page 65354]]

provide for the productive re-use of the property. In addition, the 
Settling Respondent will: provide future access to the Site; exercise 
due care with respect to any existing contamination; covenant not to 
sue USEPA; cooperate with USEPA and the State of Ohio; comply with all 
relevant environmental laws and regulations, including conducting 
closure of any remaining hazardous waste management units identified by 
the Ohio Environmental Protection Agency (``OEPA'') by meeting OEPA's 
closure performance standards in Ohio Administrative Code 3745-66-12 
through 3745-66-20; and put notice of the PPA in the title records for 
the MPC real estate. USEPA believes the PPA is fair and in the public 
    A 30-day period, beginning on the date of publication of this 
Notice, is open for comments on the proposed Prospective Purchaser 

William E. Muno,
Director, Superfund Division, United States Environmental Protection 
Agency, Region 5.
[FR Doc. 02-27131 Filed 10-23-02; 8:45 am]