[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24413]


[[Page Unknown]]

[Federal Register: October 3, 1994]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5084-3]

 

Proposed De Minimis Settlement Under Section 122(g) of the 
Comprehensive Environmental Response, Compensation and Liability Act; 
in the Matter of American Chemical Services

AGENCY: U.S. Environmental Protection Agency.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: Notice of De Minimis Settlement: in accordance with Section 
122(i) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given 
of a de minimis settlement concerning past and estimated future 
response actions at the American Chemical Services (ACS) Site in 
Griffith, Indiana. 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 November 2, 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 American Chemical Services.

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

SUPPLEMENTARY INFORMATION: 959 Respondents and the State of Indiana 
executed binding certifications of their consent to participate in the 
settlement. The settlement may be amended to add additional parties.

    The Respondents will pay approximately $23,649,894.84 in settlement 
payments for response costs related to the American Chemical Services 
Site, including past response costs incurred by the State of Indiana, 
if the United States Environmental Protection Agency determines that it 
will not withdraw or withhold its consent to the proposed settlement 
after consideration of comments submitted pursuant to this office.
    U.S. EPA may enter into this settlement under the authority of 
Section 122(g) of CERCLA. Section 122(g) authorizes de minimis 
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 
generator parties whose individual volume of hazardous substances sent 
to site does not exceed .08% of the total amount of hazardous 
substances sent to the site. Settling de minimis 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 $3.76 per pound of hazardous 
substances that the party contributed to the Site. Certain reduction 
factors were applied in determining the pounds sent by each company 
based upon the operations of the ACS facility at different time 
periods. Some participants in the settlement also have presented 
ability to pay issues and have settled on that basis. The estimated 
future response costs 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 Steven Siegel, 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 the 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.

Identification of Documents: Proposed De Minimis Settlement: 
American Chemical Services Site.
William E. Muno,
Director, Waste Management Division.
[FR Doc. 94-24413 Filed 9-30-94; 8:45 am]
BILLING CODE 6560-50-M