[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Notices]
[Page 37471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18043]


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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5537-1]


Notice of Proposed Agreement and Covenant Not To Sue Pursuant to 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), as Amended, et seq., Osage Metals Superfund Site, 
Kansas City, Kansas

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement and covenant not to sue, Osage 
Metals Superfund Site, Kansas City, Kansas.

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

SUMMARY: Notice is hereby given that a proposed agreement and covenant 
not to sue regarding the Site at 120 Osage Avenue, Kansas City, Kansas, 
was signed by the United States Environmental Protection Agency (EPA) 
on May 7, 1996 and approved by the United States Department of Justice 
on May 24, 1996.

DATES: EPA will receive, until August 19, 1996, written comments 
relating to the proposed agreement and covenant not to sue.

ADDRESSES: Comments should be addressed to Audrey Asher, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101 and 
should refer to the Osage Metals Superfund Site Agreement and Covenant 
Not to Sue.
    The proposed agreement and covenant not to sue may be examined or 
obtained in person or by mail at the office of the United States 
Environmental Protection Agency, Region VII, 726 Minnesota Avenue, 
Kansas City, KS 66101 (913) 551-7255. In requesting a copy please refer 
to the referenced case and enclose a check in the amount of $10.25 (25 
cents per page reproduction costs), payable to the United States 
Environmental Protection Agency.

SUPPLEMENTARY INFORMATION: The proposed agreement concerns the 1.7-acre 
Osage Metals Superfund Site (``Site''), located at 120 Osage Avenue in 
Kansas City, Kansas. The Site was the location of metals salvage and 
reclamation facilities between 1948 and 1993. Samples taken at the Site 
in 1994 found polychlorinated biphenyls (``PCBs'') in surface soils at 
levels as high as 334 mg/kg, and lead contamination in levels as high 
as 56,600 mg/kg. The EPA approved a removal action at the Site on 
February 13, 1995, and began cleanup in March of 1995. It completed its 
work in October of 1995. As of October 31, 1995, EPA had incurred costs 
in excess of $1.1 million exclusive of interest. On June 26, 1995, EPA 
perfected a CERCLA lien on the Site to secure its $1.1 million in 
response costs.
    The Site owner and the Site operator, who are liable for the United 
States' response costs as owner and operator of the Site, have no 
valuable assets except for their personal residence, personal cars and 
the Site itself. Under the terms of a separate agreement, the owner has 
agreed to transfer title to the property (Site) to W.W. Land Company, 
L.L.C. (U.S. v. Noreen Greenberg et al., Civil Action 96-2289-JWL).
    Under the proposed agreement and covenant not to sue, the W.W. Land 
Company, L.L.C. will pay the United States $80,000 in exchange for a 
Covenant Not to Sue for Past Removal Costs and the release of the 
CERCLA lien now attached to the property. The W.W. Land Company, which 
had no part in the activities that gave rise to the United States' 
response costs of the Site, plans to build and operate a commercial 
warehouse on the Site.

    Dated: July 2, 1996.
William Rice,
Acting Regional Administrator, United States Environmental Protection 
Agency, Region VII.
[FR Doc. 96-18043 Filed 7-17-96; 8:45 am]
BILLING CODE 6560-50-M