[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Pages 52451-52452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25652]


[FRL 5631-5]

Proposed Settlement Under the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980, as Amended 
(``CERCLA''), In the Matter of the Prestolite Battery Superfund Site, 
Knox County, IN

AGENCY: Environmental Protection Agency.

ACTION: Notice of a proposed administrative settlement and request for 
public comment.


SUMMARY: The Environmental Protection Agency (``EPA'') is hereby giving 
notice that it proposes to enter into an administrative prospective 
purchaser settlement relating to the Prestolite Battery Superfund Site 
located in Vincennes, Knox County, Indiana. The proposed settlement is 
with Rex and Rita Alton, d/b/a Rex Alton & Companies (``Alton''), and 
will resolve their prospective liability, pursuant to Sections 106 and 
107(a) of CERCLA, for injunctive relief and for past response costs 
incurred in connection with the Prestolite Battery Site. This notice is 
an invitation to file written comments on the proposed administrative 

DATES: Comments must be provided on or before November 6, 1996.

ADDRESSES: Comments should be addressed to Elizabeth Murphy, Office of 
Regional Counsel, Mail Code C-29A, U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, and should refer to: In the Matter of Prestolite Battery Site.

FOR FURTHER INFORMATION CONTACT: Elizabeth Murphy, Office of Regional 
Counsel, Mail Code C-29A, U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3590, 312/886-0748.

SUPPLEMENTARY INFORMATION: The Prestolite Battery site (``Site'') is an 
inactive lead-acid battery manufacturing facility located in Knox 
County, Indiana. The facility occupies approximately 18 acres on U.S. 
Highway 41 northeast of the city of Vincennes. Lead-acid batteries were 
manufactured at the Site from 1945 to 1985, at which time the current 
owner, Allied-Signal, Inc., ceased operations at the plant. As a result 
of the manufacturing process, the soil and atmosphere surrounding the 
Site became contaminated with lead and polychlorinated biphenyls and 
the groundwater underlying the Site became contaminated with Site-
related chlorinated solvents.
    The Site was placed on the National Priorities List in 1989. 
Pursuant to an administrative order on consent, Allied-Signal, Inc. 
removed lead-contaminated soil and debris from the Site. Additionally, 
the buildings and on- and off-Site sewers have been decontaminated for 
lead, and asbestos has been removed from some areas of the buildings. 
On August 23, 1994, U.S. EPA issued a Record of Decision which calls 
for long-term monitoring of the groundwater, surface water and 
sediments; provision of municipal water to a nearby resident; and 
abandonment of one unused well. Implementation of this remedy is 
currently the subject of negotiations between EPA and Allied-Signal, 
    On March 29, 1995, EPA perfected a CERCLA lien against the Site 
property to secure the payment of its response costs. This lien has 
interfered with the closing of a transfer of ownership of the site 
property from Allied-Signal, Inc. to Alton. Under the terms of the 
proposed agreement, EPA has agreed to lift the lien on the property and 
is providing a covenant not to sue Alton for any existing contamination 
at the Site in exchange for Alton's placement of the purchase price 
into an interest-bearing escrow account pending final resolution of the 
case between EPA and Allied-Signal, Inc., at which time the proceeds 
will be disbursed accordingly. Additionally, the agreement provides 
Alton will demolish all of the existing buildings and other structures 
on the Site which currently are in a poor and unsightly state of 
repair. Alton intends to commercially develop the Site and anticipates 
that in so doing, approximately 150 new employment opportunities will 
be created.
    The Environmental Protection Agency will receive written comments 
relating to this agreement for thirty days from the date of publication 
of this notice.

[[Page 52452]]

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 
et seq.
Richard C. Karl,
Acting Director, Superfund Division.
[FR Doc. 96-25652 Filed 10-4-96; 8:45 am]