42727
Federal
Register
/
Vol.
68,
No.
138
/
Friday,
July
18,
2003
/
Notices
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7530
 
1]

Notice
of
Proposed
Prospective
Purchaser
Agreement
Pursuant
to
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
of
1980,
as
Amended
by
the
Superfund
Amendments
and
Reauthorization
Act,
Sand
Creek
Superfund
Site
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice;
request
for
public
comment.

Notification
is
hereby
given
that
a
Proposed
Prospective
Purchaser
Agreement
(
PPA)
associated
with
the
Sand
Creek
Superfund
Site
located
in
Commerce
City,
Colorado
was
executed
by
the
United
States
Department
of
Justice
on
June
3,
2003.
This
Agreement
is
subject
to
final
approval
after
the
comment
period.
The
Prospective
Purchaser
Agreement
would
resolve
certain
potential
EPA
claims
under
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
of
1980,
as
amended
by
the
Superfund
Amendments
and
Reauthorization
Act
of
1986
(
CERCLA),
against
NDSC,
LLC.,
the
prospective
purchaser
(
the
purchaser).
The
settlement
would
require
the
purchaser
to
provide
EPA
and
the
State
of
Colorado
an
irrevocable
right
of
access,
cash
payments
to
EPA
(
90%)
and
the
State
of
Colorado
(
10%)
in
the
total
amount
of
$
290,000.00,
and
the
grant
of
an
environmental
covenant,
under
Colorado
law,
that
will
place
land
use
controls
on
the
purchased
properties
consistent
with
the
response
actions
conducted
by
EPA
and
the
State
of
Colorado
on
these
properties.
The
purchasers
will
use
the
Site
property
in
conjunction
with
their
landscaping
business
operations.
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
Superfund
Records
Center
at
the
U.
S.
Environmental
Protection
Agency,
Region
VIII,
999
18th
Street,
Denver,
Colorado,
80202.
Availability:
The
proposed
agreement
is
available
for
public
inspection
at
the
U.
S.
Environmental
Protection
Agency,
Region
VIII,
999
18th
Street,
Denver,
Colorado,
80202.
A
copy
of
the
proposed
Agreement
may
be
obtained
from
Maureen
O'Reilly,
Enforcement
Specialist,
U.
S.
Environmental
Protection
Agency,
Region
VIII,
999
18th
Street,
Suite
300,
ENF
 
T,
Denver,
Colorado,
80202.
Comments
should
be
sent
to
Maureen
O'Reilly
at
the
address
above
and
should
reference
the
``
Sand
Creek
Superfund
Site
Prospective
Purchaser
Agreement,
EPA
Docket
No.
CERCLA
 
08
 
2003
 
0008''.

FOR
FURTHER
INFORMATION
CONTACT:
Richard
Sisk,
Enforcement
Attorney,
U.
S.
Environmental
Protection
Agency,
Region
VIII,
999
18th
Street,
Suite
300,
ENF
 
L,
Denver,
Colorado,
80202,
(
303)
312
 
6638.

Dated:
June
27,
2003.
It
is
so
agreed:
Robert
E.
Roberts,
Regional
Administrator,
U.
S.
Environmental
Protection
Agency
Region
8.
[
FR
Doc.
03
 
18159
Filed
7
 
17
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
M
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7529
 
8]

Proposed
CERCLA
Section
122(
h)(
1)
Administrative
Agreement
for
Recovery
of
Response
Costs
for
the
Radiation
Technology,
Inc.
Superfund
Site,
Rockaway
Township,
Morris
County,
NJ
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice;
request
for
public
comment.

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(
i),
notice
is
hereby
given
by
the
U.
S.
Environmental
Protection
Agency
(``
EPA''),
Region
II,
of
a
proposed
administrative
agreement
pursuant
to
section
122(
h)
of
CERCLA,
42
U.
S.
C.
9622(
h),
for
recovery
of
response
costs
concerning
the
Radiation
Technology,
Inc.
Superfund
Site
(``
Site'')
located
in
Rockaway
Township,
Morris
County,
New
Jersey.
The
settlement
requires
the
settling
parties,
Sterigenics
East
Corporation
and
Ion
Beam
Applications,
Inc.,
the
current
lessees
of
a
15­
acre
parcel
of
property
located
on
the
approximately
280­
acre
Site,
to
pay
$
200,000
in
reimbursement
of
EPA's
response
costs
at
the
Site.
The
settlement
includes
a
covenant
not
to
sue
the
settling
parties
pursuant
to
sections
106
and
107(
a)
of
CERCLA,
42
U.
S.
C.
9606
and
9607(
a),
in
exchange
for
settling
parties'
payment
of
monies.
For
thirty
(
30)
days
following
the
date
of
publication
of
this
notice,
EPA
will
receive
written
comments
relating
to
the
settlement.
EPA
will
consider
all
comments
received
and
may
modify
or
withdraw
its
consent
to
the
settlement
if
comments
received
disclose
facts
or
considerations
that
indicate
that
the
proposed
settlement
is
inappropriate,
improper
or
inadequate.
EPA's
response
to
any
comments
received
will
be
available
for
public
inspection
at
EPA
Region
II,
290
Broadway,
New
York,
New
York
10007
 
1866.
DATES:
Comments
must
be
submitted
on
or
before
August
18,
2003.
ADDRESSES:
The
proposed
settlement
is
available
for
public
inspection
at
EPA
Region
II
offices
at
290
Broadway,
New
York,
New
York
10007
 
1866.
Comments
should
reference
the
Radiation
Technology,
Inc.
Superfund
Site
located
in
Rockaway
Township,
Morris
County,
New
Jersey,
Index
No.
CERCLA
02
 
2003
 
2006.
To
request
a
copy
of
the
proposed
settlement
agreement,
please
contact
the
individual
identified
below.

FOR
FURTHER
INFORMATION
CONTACT:
Frances
M.
Zizila,
Assistant
Regional
Counsel,
New
Jersey
Superfund
Branch,
Office
of
Regional
Counsel,
U.
S.
Environmental
Protection
Agency,
17th
Floor,
290
Broadway,
New
York,
New
York
10007
 
1866.
Telephone:
(
212)
637
 
3135.

Dated:
July
9,
2003.
William
McCabe,
Acting
Director,
Emergency
&
Remedial
Response
Division.
[
FR
Doc.
03
 
18158
Filed
7
 
17
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT
 
2003
 
0035;
FRL
 
7319
 
1]

Approval
of
Test
Marketing
Exemption
for
a
Certain
New
Chemical
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
EPA's
approval
of
an
application
for
test
marketing
exemption
(
TME)
under
section
5(
h)(
1)
of
the
Toxic
Substances
Control
Act
(
TSCA)
and
40
CFR
720.38.
EPA
has
designated
this
application
as
TME
 
03
 
0004.
The
test
marketing
conditions
are
described
in
the
TME
application
and
in
this
notice.
DATES:
Approval
of
this
TME
is
effective
July
9,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information
contact:
Barbara
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NCIC
2003
July
18
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OPPT­
2003­
0035­
0001
42728
Federal
Register
/
Vol.
68,
No.
138
/
Friday,
July
18,
2003
/
Notices
Cunningham,
Acting
Director,
Environmental
Assistance
Division
(
7408M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
202)
554
 
1404;
e­
mail
address:
TSCA­
Hotline@
epa.
gov.
For
technical
information
contact:
Virginia
Lee,
Chemical
Control
Division
(
7405M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
202)
564
 
0883;
e­
mail
address:
Lee.
Virginia@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

This
action
is
directed
in
particular
to
the
chemical
manufacturer
and/
or
importer
who
submitted
the
TME
to
EPA.
This
action
may,
however,
be
of
interest
to
the
public
in
general.
Since
other
entities
may
also
be
interested,
the
Agency
has
not
attempted
to
describe
all
the
specific
entities
that
may
be
affected
by
this
action.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
technical
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPPT
 
2003
 
0035.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center,
Rm.
B102­
Reading
Room,
EPA
West,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
EPA
Docket
Center
Reading
Room
telephone
number
is
(
202)
566
 
1744
and
the
telephone
number
for
the
OPPT
Docket,
which
is
located
in
EPA
Docket
Center,
is
(
202)
566
 
0280.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
What
is
the
Agency's
Authority
for
Taking
this
Action?

Section
5(
h)(
1)
of
TSCA
and
40
CFR
720.38
authorizes
EPA
to
exempt
persons
from
premanufacture
notification
(
PMN)
requirements
and
permit
them
to
manufacture
or
import
new
chemical
substances
for
test
marketing
purposes,
if
the
Agency
finds
that
the
manufacture,
processing,
distribution
in
commerce,
use,
and
disposal
of
the
substances
for
test
marketing
purposes
will
not
present
an
unreasonable
risk
of
injury
to
health
or
the
environment.
EPA
may
impose
restrictions
on
test
marketing
activities
and
may
modify
or
revoke
a
test
marketing
exemption
upon
receipt
of
new
information
which
casts
significant
doubt
on
its
finding
that
the
test
marketing
activity
will
not
present
an
unreasonable
risk
of
injury.

III.
What
Action
is
the
Agency
Taking?

EPA
approves
the
above­
referenced
TME.
EPA
has
determined
that
test
marketing
the
new
chemical
substance,
under
the
conditions
set
out
in
the
TME
application
and
in
this
notice,
will
not
present
any
unreasonable
risk
of
injury
to
health
or
the
environment.

IV.
What
Restrictions
Apply
to
this
TME?

The
test
market
time
period,
production
volume,
number
of
customers,
and
use
must
not
exceed
specifications
in
the
application
and
this
notice.
All
other
conditions
and
restrictions
described
in
the
application
and
in
this
notice
must
also
be
met.
TME
 
03
 
0004.
Date
of
Receipt:
June
2,
2003.
Notice
of
Receipt:
June
25,
2003
(
Volume
68
FR
37820)
(
FRL
 
7315
 
1).
Applicant:
PPG
Industries,
Inc.
Chemical:
Urethane
acrylate.
Use:
Component
of
photoresist
coating.
Production
Volume:
40,104
kg/
yr.
Number
of
Customers:
One.
Test
Marketing
Period:
365
days,
commencing
on
first
day
of
commercial
manufacture.
The
following
additional
restrictions
apply
to
this
TME.
A
bill
of
lading
accompanying
each
shipment
must
state
that
the
use
of
the
substance
is
restricted
to
that
approved
in
the
TME.
In
addition,
the
applicant
shall
maintain
the
following
records
until
5
years
after
the
date
they
are
created,
and
shall
make
them
available
for
inspection
or
copying
in
accordance
with
section
11
of
TSCA:
1.
Records
of
the
quantity
of
the
TME
substance
produced
and
the
date
of
manufacture.
2.
Records
of
dates
of
the
shipments
to
each
customer
and
the
quantities
supplied
in
each
shipment.
3.
Copies
of
the
bill
of
lading
that
accompanies
each
shipment
of
the
TME
substance.

V.
What
was
EPA's
Risk
Assessment
for
this
TME?

EPA
identified
no
significant
health
or
environmental
concerns
for
the
test
market
substance.
Therefore,
the
test
market
activities
will
not
present
any
unreasonable
risk
of
injury
to
human
health
or
the
environment.

VI.
Can
EPA
Change
Its
Decision
on
this
TME
in
the
Future?

Yes.
The
Agency
reserves
the
right
to
rescind
approval
or
modify
the
conditions
and
restrictions
of
an
exemption
should
any
new
information
that
comes
to
its
attention
cast
significant
doubt
on
its
finding
that
the
test
marketing
activities
will
not
present
any
unreasonable
risk
of
injury
to
human
health
or
the
environment.

List
of
Subjects
Environmental
protection,
Test
marketing
exemptions.

Dated:
July
9,
2003.
Linda
Gerber,
Chief,
New
Chemicals
Prenotice
Management
Branch,
Office
of
Pollution
Prevention
and
Toxics.
[
FR
Doc.
03
 
18305
Filed
7
 
17
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
FEDERAL
RESERVE
SYSTEM
Change
in
Bank
Control
Notices;
Acquisition
of
Shares
of
Bank
or
Bank
Holding
Companies
The
notificants
listed
below
have
applied
under
the
Change
in
Bank
Control
Act
(
12
U.
S.
C.
1817(
j))
and
§
225.41
of
the
Board's
Regulation
Y
(
12
CFR
225.41)
to
acquire
a
bank
or
bank
holding
company.
The
factors
that
are
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