[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Notices]
[Pages 29754-29755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14909]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5519-9]


De Minimis Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation and Liability Act; In the Matter 
of Conservation Chemical Company of Illinois, Gary, IN

AGENCY: Environmental Protection Agency.

ACTION: De Minimis Settlement.

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SUMMARY: EPA is proposing to settle claims with certain de minimis 
potentially responsible parties (PRPs) regarding past and estimated 
future response costs at the Conservation Chemical Company of Illinois 
Site in Gary, Indiana. EPA is authorized under Section 122(i)(1) of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, as amended (``CERCLA'') to enter into this settlement. The U.S. 
Department of Justice has approved this de minimis settlement, 
consistent with Section 122(g)(4) of CERCLA. Through July 31, 1995, 
response costs totalling approximately $5,140,059.38 were incurred by 
EPA and certain PRPs in connection with the Site. It is estimated that 
future costs of $10,806,165 will be required to complete cleanup of the 
Site. The settling PRPs will pay approximately $2,800,000 in settlement 
payments for response costs related to the Conservation Chemical 
Company of Illinois Site. EPA is proposing to approve this de minimis 
settlement because it reimburses EPA, in part, for costs incurred 
during EPA's response activities at this Site.
    On February 8, 1996, U.S. EPA sent a de minimis settlement offer 
and Administrative Order by Consent to 171 de minimis PRPs. 
Approximately 153 of these PRPs executed binding certifications of 
their consent to participate in the de minimis settlement. The 
Administrative Order by Consent provides for settlement with certain 
parties who are, individually, responsible for less than 1% of the 
total volume 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 $1.01 per gallon 
of hazardous substances that the PRP contributed to the Site; there is 
a minimum settlement payment amount of $50.00. The de minimis 
settlement includes a premium of 100% assessed against estimated future 
response costs to account for potential cost overruns, the potential 
for failure of the selected response action to clean up the Site, and 
other risks. The de minimis settlement

[[Page 29755]]

also provides for the settling de minimis PRPs to receive credits 
against their base de minimis settlement amounts, for any properly 
documented prior payments made by the de minimis PRPs to the group of 
major PRPs who previously did work at the Site. Pursuant to the 
Agency's de minimis settlement offer, numerous settling de minimis PRPs 
have appropriately documented their prior payments and applied for 
credits. Subsequently, EPA has amended Appendix D to the Consent Order 
to reflect the amount of all credits approved by EPA, and the final 
revised individual de minimis settlement amounts.

DATES: Comments on this de minimis settlement must be received within 
30 days from publication of this notice.

ADDRESSES: Written comments relating to this de minimis settlement, 
Docket Number V-W-96-C-337, should be sent to Cynthia N. Kawakami, 
Associate Regional Counsel, U.S. Environmental Protection Agency, 
Region 5, Mail Code: CM-29A, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590.

ADDITIONAL INFORMATION: Copies of the Administrative Order by Consent 
and the Administrative Record for this Site are available at the 
following address for review. It is strongly recommended that you 
telephone Ms. Beth Guria at (312) 886-5892 before visiting the Region 5 
Office. U.S. Environmental Protection Agency, Region 5, Superfund 
Division, Emergency Response Branch, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 
Sections 9601 et seq.
William E. Muno,
Director, Superfund Division.
[FR Doc. 96-14909 Filed 6-11-96; 8:45 am]
BILLING CODE 6560-50-P