[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21401]


[[Page Unknown]]

[Federal Register: September 1, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5062-3]

 

Proposed DeMinimis Settlement Under Section 122(g) of the 
Comprehensive Environmental Response, Compensation and Liability Act; 
in the Matter of Thermo-Chem, Inc.

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

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SUMMARY: Notice of De Minimis Settlement: in accordance with Section 
122(i)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given 
of a deminimis settlement concerning past and estimated future response 
actions at the Thermo-Chem, Inc. Site in Muskegon, Michigan. U.S. EPA 
Region 5 has submitted the proposed agreement to the U.S. Department of 
Justice for review concurrent with this request for public comment. 
This settlement will not be finalized until the approval process set 
forth in Section 122(g)(4) of CERCLA has been completed.

DATES: Comments must be provided on or before October 3, 1994.

ADDRESSES: Comments should be addressed to the Docket Clerk, Mail Code 
MFA-10J, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, and should refer to: In the Matter 
of Thermo-Chem, Inc., Docket No. V-W-94-C-246.

FOR FURTHER INFORMATION CONTACT:
Ignacio L. Arrazola, Mail Code CS-29A, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The following parties executed binding 
certifications of their consent to participate in the settlement: 3-M 
Company; Acme Belt Recoating, Inc.; Aero-Motive Company; Addison 
Products Company; Akemi Plastics; Aker Plastics Company, Inc.; Albion 
Industries Inc.; American Bumper & Mfg. Col; Amway Corporation; 
Anderson Development Co.; Arkwright Incorporated; Armstrong 
International, Inc.; Battle Creek Enquirer; United Dominion Industries, 
Inc.; Bissel Inc.; Brammal, Inc.; Browning-Ferris Industries of 
Michigan, Inc. and Browning-Ferriss Industries Chemical Services; Inc.; 
Burwood Products Company; Paulstra CRC Corporation; Temrac Company, 
Inc.; Challenge Machinery Company; Chrysler Corporation; RHI Holdings, 
Inc.; Teledyne Continental Motors--GPD; Dana Printing Corporation; L.A. 
Darling Company; Pratt & Lambert, Inc.; Die Casting Corporation; Difco 
Laboratories Incorporated; The Scott Fetzer Company; Blackmer; Dresser 
Industries; East Shore Chemical Fetzer Company; Blackmer; Dresser 
Industries; East Shore Chemical Company and Appleton Papers Inc.; Eaton 
Corporation; The Egyptian Lacquer Mfg. Inc.; Eli Lilly and Company; 
Enamelite Industries, Inc.; Ermanco Incorporated; Paramount 
Communications Inc.; Gelman Sciences, Inc.; General Aluminum Products, 
Inc. d.b.a Care Free Aluminum Products, Inc.; GPM Industries, Inc.; GM 
Engine Division, General Motors; Grand Rapids Label Company, Grand 
Transformers, Inc.; Great Lakes Plating; Gridcraft, Inc.; Hanchett 
Manufacturing Inc.; Haven-Busch Company; Haviland Products, Co.; Heath 
Company; HomeCrest Corporation; Howard Miller Clock Company; Hughes 
Engraving-Plainwell, Inc.; Indiana Pressed Steel, Division of General 
Cable Corporation; Irwin Seating Company; ITT Automotive; Batts, Inc.; 
Warren-Rool Corporation; Freedom Forge Corporation; CHF Industries; 
Kewaunee Scientific Equipment, Corporation; Kellog Company; Keyes-Davis 
Company; Knape Ind. Inc.; Kux Manufacturing Company; Lamina, Inc.; 
Harrow Products. Inc.; Lorin Industries; McNaughton & Gunn, Inc.; 
Morse-Hemco Corporation; Michigan Spring Company; Precision Products 
Group, Inc.; Thermo-O-Disc, Inc.; Mitchell Corporation of Owasso; 
Modern Plastics Corporation Monsanto Chemical Company The Muskegon 
Chronicle; Spalding & Evenflo Companies, Inc.; NL Industries, Inc.; 
Normic Industries; Panel Processing of Coldwater, Inc.; Owens-Illinois, 
Inc.; ABC Industries, Inc.; Plastic Composites Corporation; Plasti-Kote 
Company, Inc.; Port City Machine & Tool Co., Machinery Division; 
Potlatch Corporation; Precision Heat Treating Corporation; Progressive 
Dynamics, Inc. RAP Products, Inc.; RB & W Corporation; Ralston Foods, 
Inc.; REHAU Incorporated; Reliance Finishing; CIBA-GEIGY Corporation; 
Rinker Boat Co., Inc.; Smithkline Beecham Corporation; Ameriwood 
Industries; Scott Paper Company; Metalworks Inc.; Seibert-Oxidermo, 
Inc.; Busak + Shamban. Inc.; A.E. Staley Manufacturing Company; 
Burgess-Norton Mfg. Co. division of Amsted Industries Incorporated; 
Integrated Metal Technology f/k/a/ Star Industries; Sequa Corporation 
f/k/a Sun Chemical Corporation; Laidlaw Environmental Service (WT); 
Teleflex Incorporated; Tokheim Corporation; Ulrich Chemical, Inc.; 
Upjohn Company; Emhart Industries, Inc.; Ypsilanti Press; Holland 
Transplanter Co.; Marshall Brass Company; and R.R. Donnelley & Sons 
Company.
    These parties will pay approximately $7,000,000 in settlement 
payments for response costs related to the Thermo-Chem, Inc. Site, if 
the United States Environment Protection Agency determines that it will 
not withdraw or withhold its consent to the proposed settlement after 
consideration of comments submitted pursuant to this notice.
    U.S. EPA may enter into this settlement under the authority of 
Section 122(g) of CERCLA. Section 122(g) authorizes deminimis 
settlements with potentially responsible parties (``PRPs'') that 
contributed hazardous substances to a site where those contributions 
were small and where the toxicity of the substances contributed is not 
significantly different from the other substances brought to the site. 
Pursuant to this authority, the agreement proposes to settle with 
parties who are responsible for less than 1% of the total volume of 
hazardous substances sent to the site. Settling deminimis PRPs will be 
required to pay their fair share of the past and estimated future 
response costs at the site based on a payment of $14.60 per gallon of 
hazardous substances that the party contributed to the Site. The 
settlement payment amount includes a premium of 125% against estimated 
future response costs to account for potential cost overruns, the 
potential for failure of the remedies selected to clean up the site, 
and other risks.
    A copy of the proposed administrative order on consent and 
additional background information relating to the settlement, including 
a list of parties to the settlement, are available for review and may 
be obtained in person or by mail from Ignacio L. Arrazola, Mail Code 
CS-29A, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    The U.S. Environmental Protection Agency will receive written 
comments relating to this settlement for thirty days from the date of 
publication of this notice.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 
Sections 9601 et seq.
Jo Lynn Traub,
Acting Director, Waste Management Division.
[FR Doc. 94-21401 Filed 8-31-94; 8:45 am]
BILLING CODE 6560-50-M