[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Notices]
[Pages 22064-22065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11036]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5202-7]


Proposed Administrative Settlement Pursuant to Section 122(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, as Amended by the Superfund Amendments and Reauthorization Act

AGENCY: U.S. Environmental Protection Agency.

ACTION: Request for Public Comment.

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SUMMARY: The United States Environmental Protection Agency (``U.S. 
EPA'') is proposing to enter into an administrative settlement 
agreement under Section 122(h)(1) of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 
et seq., as amended by the Superfund Amendments and Reauthorization Act 
of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) (``CERCLA''). The 
proposed agreement provides for: (1) Recoupment by U.S. EPA of $30,000 
in past costs; (2) resolution of the proposed settling party's 
liability for past costs; and (3) contribution protection.

DATES: Comments should be provided on or before June 5, 1995.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region V, 77 West Jackson Boulevard, 
Chicago, IL 60604, and should refer to: Performance One, Inc, Site, 
Loves Park, IL.

FOR FURTHER INFORMATION CONTACT: Eileen L. Furey, U.S. Environmental 
Protection Agency, Region V, 77 West Jackson Boulevard (C-29A), 
Chicago, IL 60604, (312) 353-6124.

NOTICE OF SETTLEMENT: In accordance with Section 122(i)(1) of CERCLA, 
notice is hereby given of a proposed administrative settlement 
agreement [[Page 22065]] concerning the Performance One, Inc. Site, 
which is located in Loves Park, Illinois.
    In response to the release or threat of release of hazardous 
substances, U.S. EPA undertook a removal action at the Performance One 
Site pursuant to Section 104 of CERCLA. The removal action was 
completed on February 16, 1994. The former owner and operator of the 
Site defaulted on loans secured by the property, which had been 
guaranteed by the U.S. Small Business Administration (``SBA''). After 
conducting several environmental audits, the SBA was able to secure 
Donald D. Elmore (the proposed ``Settling Party'') as a potential 
purchaser. The purchase/sale transaction occurred on December 20, 1994.
    Under the terms of the proposed agreement, the Agency will receive 
$30,000 from the Settling Party in exchange for a release from any 
liability for the payment of past costs, as defined in the proposed 
agreement, associated with the removal action. The Settling Party will 
receive the contribution protection afforded by Sections 113(f)(2) and 
122(h)(4) of CERCLA, 42 U.S.C. Secs. 9613(f)(2) and 9622(h)(4) for past 
response costs.
    Nothing in the proposed agreement compromises U.S. EPA's potential 
claims against any person not a party to the agreement.
    U.S. EPA will receive written comments relating to this agreement 
for 30 days from the date of publication of this notice.
    A copy of the proposed administrative settlement agreement may be 
obtained in person or by mail from U.S. EPA's Region V Office of 
Regional Counsel, 77 West Jackson Boulevard (C-29A), Chicago, IL 60604.

    Authority: The Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601-9675, as 
amended by the Superfund Amendments and Reauthorization Act of 1986, 
Pub. L. No. 99-499, 100 Stat. 1613 (1986).

    Dated: April 14, 1995.
Richard C. Karl,
Acting Associate Division Director, Office of Superfund.
[FR Doc. 95-11036 Filed 5-3-95; 8:45 am]
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