[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1626]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4825-8]

 

Proposed CERCLA De Minimis Waste Contributor Administrative Order 
on Consent for the Ninth Avenue Dump Site

agency: U.S. Environmental Protection Agency (``U.S. EPA'').

action: Proposal of CERCLA De Minimis Waste Contributor Administrative 
Order on Consent for the Ninth Avenue Dump Site.

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summary: U.S. EPA proposes to address the potential liability of the 
Institute of Gas Technology (``IGT'') under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(``CERCLA''), 42 U.S.C. 9601 et seq., as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (``SARA''), Pub. L. 99-499, 
in connection with the Ninth Avenue Dump Site (``the Facility'') by 
execution of a CERCLA de minimis waste contributor Administrative Order 
on Consent (``AOC'') prepared pursuant to 42 U.S.C. 9622(g). The key 
terms and conditions of the AOC may be briefly summarized as follows: 
(1) IGT would agree to a settlement amount of $1,019,723.53, U.S. EPA 
would credit IGT for $340,863.00 for the amount already contributed by 
IGT toward the cleanup of the Facility, and, accordingly, IGT would pay 
$678,860.53 to the Hazardous Substance Superfund; (2) U.S. EPA would 
covenant not to sue IGT for ``covered matters'' which are defined as 
any and all civil liability in connection with the Facility for 
reimbursement of response costs or for injunctive relief pursuant to 
CERCLA Sections 106 and 107 and RCRA Section 7003; (3) IGT would agree 
to the following reservations of rights and reopeners (i.e., 
limitations on the covenant not to sue) by U.S. EPA--(a) U.S. EPA could 
sue IGT for failure to make a payment required by the AOC and/or in 
connection with any matter not expressly included in ``covered 
matters'', (b) the covenant not to sue becomes null and void if (i) 
U.S. EPA discovers that IGT contributed more than 400,000 gallons or 
1.2% of the estimated total volume of hazardous substances at the 
Facility, (ii) U.S. EPA discovers that IGT's waste contributions 
contribute disproportionately to the toxic or other hazardous effects 
of the hazardous substances at the Facility, or (iii) IGT fails to make 
a payment required by the AOC.

dates: Comments on the proposed AOC must be received by U.S. EPA on 
February 25, 1994.

addresses: A copy of the proposed AOC is available for review at U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please contact Bernie Schorle at (312) 886-4746, Michael Berman at 
(312) 886-6837, or Mike Anastasio at (312) 886-7951, prior to visiting 
the Region 5 office.
    Comments on the proposed AOC should be addressed to Michael R. 
Berman and Mike Anastasio, Office of Regional Counsel, U.S. EPA, Region 
5, 77 West Jackson Boulevard (Mail Code CS-3T), Chicago, Illinois 
60604.

for further information contact: Michael Berman at (312) 886-6837, or 
Mike Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of 
Regional Counsel.

supplementary information: The Facility is located in Gary, Indiana, 
and was operated as a hazardous waste storage facility until the mid-
1970s. Consequently, in 1983, the Facility was placed on the National 
Priority List. On December 7, 1988, U.S. EPA issued a Unilateral 
Administrative Order (``UAO'') pursuant to Section 106(a) of CERCLA, 42 
U.S.C. 9606(a), to the Facility operator and other Potentially 
Responsible Parties (``PRPs'') for the performance of a Phase I 
Operable Unit, or interim, remedy. The Phase I Operable Unit remedy 
included construction of a slurry wall around the contaminated portion 
of the Facility, extraction of contaminated oil floating on surface 
groundwater, and storage of the oil at the Facility until 
implementation of the final remedy. In May, 1992, Phase I Operable Unit 
Remedial Action construction activities were completed. Phase I 
Operation and Maintenance activities are ongoing. In March, 1989, U.S. 
EPA proposed a final remedial action plan. After considering the public 
comments which it received, U.S. EPA selected a final, or Phase II 
Operable Unit, remedy for the Facility. On August 17, 1989, U.S. EPA 
issued a second UAO pursuant to Section 106(a) of CERCLA, 42 U.S.C. 
9606(a), to PRPs for performance of the Phase II Operable Unit remedy. 
The Phase II Operable Unit remedy provides for excavation of 
contaminated waste and fill; removal of contaminated sediment and 
debris from surface water bodies; treatment of excavated waste, fill 
and highly contaminated sediments; back-filling of the excavated area, 
installation of a RCRA Subtitle C cap; and extraction, treatment and 
reinjection of contaminated groundwater. Phase II Operable Unit 
remediation activities are ongoing.
    In 1991, a de minimis settlement was entered into between U.S. EPA 
and 86 PRPs associated with the Facility. IGT was not provided an 
opportunity to participate in the 1991 de minimis settlement because 
the waste-in volumetric ranking at that time allocated to IGT a waste-
in estimate that did not meet the de minimis cutoff for that 
settlement. However, during the public comment period for the 1991 de 
minimis settlement, IGT submitted comments arguing that it qualified 
for de minimis eligibility. In response to IGT's comments, U.S. EPA 
stated that ``the Agency has not foreclosed the possibility of an 
additional settlement, should one be warranted, to include such parties 
at IGT.'' Since that time, U.S. EPA has received sufficient information 
to make an appropriate determination, pursuant to Section 122(g) of 
CERCLA, 42 U.S.C. 9622(g), and all relevant U.S. EPA policy and 
guidance documents, that IGT is eligible for a de minimis settlement 
under the terms embodied in the AOC and in light of all the presently 
known facts and circumstances involving the Facility.
    A 30-day period, commencing on the date of publication of this 
notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C. 
9622(i), for comments on the proposed AOC. Comments should be sent to 
the addressees identified in this notice.
William H. Sanders II,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 5.
[FR Doc. 94-1626 Filed 1-25-94; 8:45 am]
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