[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Pages 1929-1930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1050]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5401-9]
Proposed CERCLA Section 122(h)(1) Administrative Cost Recovery
Settlement for the Ninth Avenue Dump Site
AGENCY: Environmental Protection Agency (``U.S. EPA'').
ACTION: Proposal of CERCLA Section 122(h)(1) administrative cost
recovery settlement for the Ninth Avenue Dump Site.
-----------------------------------------------------------------------
SUMMARY: U.S. EPA proposes to address the potential liability of the
following companies (hereinafter referred to as the ``Settling
Parties'') 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''), Public Law 99-499, for past and future costs incurred
at the Ninth Avenue Dump Site (``the Site'') located in Gary, Indiana:
American National Can Company; Ashland Chemical Company, a division of
Ashland, Inc.; Cargill, Incorporated; Chamberlain Manufacturing
Corporation; Crown Cork & Seal Co., Inc., and Continental Can Co.;
Flint Ink Corporation; General Electric Company; J.M. Huber
Corporation; Mobil Oil Corporation; Monsanto Company; Navistar
International Transportation Corp.; PPG Industries, Inc.; Premier
Coatings, Inc.; Regal Tube Company, currently doing business as
Copperweld Chicago Division of Copperweld Tubing Products Company; RHI
Holdings, Inc., as successor to Rexnord, Inc.; Rust-Oleum Corporation;
The Sherwin-Williams Company; Valhi, Inc. (Chicago Steel and Wire
Division; and The Valspar Corporation/Elliot Paint. The U.S. EPA
proposes to address the potential liability of the Settling Parties by
execution of a CERCLA Section 122(h)(1) Administrative Cost Recovery
Settlement (``AOC'') prepared pursuant to 42 U.S.C. 9622(h)(1). The key
terms and conditions of the AOC may be briefly summarized as follows:
(1) The
[[Page 1930]]
U.S. EPA would be reimbursed for all of its outstanding past costs of
$2,545,773.63 incurred at the Ninth Avenue Dump Site; (2) the Settling
Parties agree to reimburse the U.S. EPA for all of its future response
costs incurred at the Site; (3) the Settling Parties agree not to
assert any claims or causes of action against the United States with
respect to any matters concerning the Site; and (4) the U.S. EPA
affords the Settling Parties a covenant not to sue for past and future
response costs and contribution protection as provided by CERCLA
Sections 113(f)(2) and 122(h)(4) upon satisfactory completion of their
obligations under the Settlement. However, U.S. EPA is free to pursue
any other necessary and appropriate judicial and administrative relief
against the Settling Parties and any necessary and appropriate judicial
and administrative relief against any other party. The Site is on the
National Priorities List (``NPL''), and remedial response activities at
the Site are continuing. The Attorney General has approved the
Settlement.
DATES: Comments on the proposed AOC must be received by U.S. EPA on or
before February 23, 1996.
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 Mike 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 Mike Berman/
Mike Anastasio, Office of Regional Counsel, U.S. EPA, Region 5, 77 West
Jackson Boulevard (Mail Code CS-29A), Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mike Berman at (312) 886-6837 or Mike
Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of
Regional Counsel.
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 addressee identified in this notice.
Valdas V. Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
[FR Doc. 95-1050 Filed 1-23-96; 8:45 am]
BILLING CODE 6560-50-M