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###### Environmental Protection Agency

          - [FRL-8785-5] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice; request for public comment. 

# SUMMARY:

In accordance with Section 122 (h) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Malone Service Company Superfund Site, Texas City, Galveston County, Texas. 

The settlement requires the seventy-four (74) settling parties to pay a total of $4,403,290 payment of response costs to the Hazardous Substances Superfund. The settlement includes a covenant not to sue pursuant to Sections 106 or 107 of CERCLA, 42, U.S.C. 9606 or 9607. 

For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. 

# DATES:

Comments must be submitted on or before April 22, 2009. 

# ADDRESSES:

                        The proposed settlement and additional background information                               ( print page 12130)                            relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the proposed settlement may be obtained from Patrice Miller, 1445 Ross Avenue, Dallas, Texas 75202-2733 or by calling (214) 665-3158. Comments should reference the Malone Service Company Superfund Site, Texas City, Galveston County, Texas, and EPA Docket Number 06-17-07, and should be addressed to Patrice Miller at the address listed above.                     

# FOR FURTHER INFORMATION CONTACT:

Anne Foster, 1445 Ross Avenue, Dallas, Texas 75202-2733 or call (214) 665-2169 or I-Jung Chiang, 1445 Ross Avenue, Dallas, Texas 75202-2733 or call (214) 665-2160. 

Dated: March 10, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6.

 [FR Doc. E9-6274 Filed 3-20-09; 8:45 am] 

BILLING CODE  6560-50-P