[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Notices]
[Page 5550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3195]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5421-5]


Proposed CERCLA Section 122(g)(4) De Minimis Administrative Order 
on Consent for the Bohaty Drum Site in Medina, OH

AGENCY: United States Environmental Protection Agency (``USEPA'').

ACTION: Proposal of CERCLA section 122(g)(4) de minimis administrative 
order on consent for the Bohaty Drum Site in Medina, OH .

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SUMMARY: United States Environmental Protection Agency USEPA proposes 
to address the potential liability of nine 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 in connection with a 
federal fund lead removal action conducted at the Bohaty Drum Site 
(``the Site'') located in Medina, Ohio. The USEPA proposes to address 
the potential liability of Ashland Chemical Company, Dow Chemical 
Company, General Motors Corporation, Quaker Oats Company, State 
Chemical Manufacturing Company, Inc., Synthetic Products Company, 
Uniroyal Chemical Company, Inc. and Upjohn Company by execution of a 
CERCLA Section 122(g)(4) De Minimus Administrative Order on Consent 
(``AOC'') prepared pursuant to 42 U.S.C. 9622(g)(4). The key terms and 
conditions of the AOC may be briefly summarized as follows: (1) USEPA 
has determined that the amount of hazardous substances contributed to 
the Site by each party and the toxic or other hazardous effects of the 
hazardous substances contributed to the Site by each party are minimal 
in comparison to other hazardous substances at the Site within the 
meaning of Section 122(g)(1)(A) of CERCLA, 42 U.S.C. 9622(g)(1)(A); (2) 
Each party agrees to pay USEPA $1,050.00 in satisfaction of claims for 
past and future costs incurred at the Site in connection with the 
removal and disposal of approximately 1000 drums and their contents; 
(3) The parties agree to waive all claims against the United States 
that arise out of response activities conducted at the Site; and (4) 
USEPA affords the parties a covenant not to sue for past and future 
costs incurred at the Site and contribution protection as provided by 
CERCLA Sections 113(f)(2) and 122(g)(5) upon satisfactory completion of 
obligations under the Settlement. The Site is not on the NPL, and no 
further response activities at the Site are anticipated at this time. 
The Attorney General has approved the Settlement.

DATES: Comments on the proposed AOC must be received by USEPA on or 
before March 14, 1996.

ADDRESSES: A copy of the proposed AOC is available for review at USEPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please 
contact Andrew Warren at (312) 353-5483, prior to visiting the Region 5 
office.
    Comments on the proposed AOC should be addressed to Andrew Warren, 
Office of Regional Counsel, U.S. EPA, Region 5, 77 West Jackson 
Boulevard (Mail Code CS-29A), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT:
Andrew Warren at (312) 353-5485, of the USEPA 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. 96-3195 Filed 2-12-96; 8:45 am]
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