[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Notices]
[Pages 14722-14723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7431]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6316-1]


Administrative Order on Consent Between the United States 
Environmental Protection Agency and Wise Garage, Inc., a CERCLA 
Sec. 122(g) Deminimis Party at the Powell Road Landfill Site; In the 
Matter of Powell Road Landfill Site; Huber Heights, OH

AGENCY: Environmental Protection Agency (EPA).

ACTION: Administrative Order on Consent authorizing an installment 
payment arrangement with a deminimis party at the Powell Road Landfill 
Site.

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SUMMARY: Wise Garage, Inc. (``Wise'') is a deminimis party at the 
Powell Road Landfill Site (``Site''), but was unable to execute the 
January 21, 1998, deminimis settlement Administrative Order on Consent 
(``AOC'') because of an inability to pay. Under the terms of the 
January 21, 1998, deminimis settlement, Wise has a payment amount of 
$83,583. An analysis by U.S. EPA determined that an installment payment 
arrangement was justified by Wise's financial condition. On April 23, 
1998, a signature copy of the Wise installment payment Administrative 
Order on Consent (``Wise AOC'') was sent to Wise by the U.S. EPA. On 
July 1, 1998, Wise sent the U.S. EPA a signed version of the Wise AOC. 
The Wise AOC requires a lump sum payment of $10,000 within 60 days of 
the effective date of the order. Wise is then required to pay five 
equal installments of $14, 717 each over the next five years.
    In approximately October, 1996, U.S. EPA sent ``first point of 
contact letters'' to several hundred deminimis generators and 
transporters informing them of the impending deminimis settlement 
offer. On May 13, 1997, U.S. EPA issued deminimis settlement offers to 
182 eligible deminimis PRPs, including Wise Garage, Inc. By the 
deadline for submission of signature pages on July 14, 1997, 71 of 182 
eligible deminimis PRPs submitted signature pages to U.S. EPA 
certifying their commitment to participate in the settlement. The 
deminimis settlement AOC was executed on October 17, 1997. As required 
by section 12(g)(4) of CERCLA, the deminimis settlement AOC was 
approved by the Attorney General's designee on November 7, 1997. 
Pursuant to section 122(i) of CERCLA, U.S. EPA published notice of the 
proposed deminimis settlement in the Federal Register on November 28, 
1997. The 30-day public notice and comment period ended on December 28, 
1997. On January 21, 1998, the deminimis settlement AOC was approved as 
a final matter and became effective.

DATES: Comments on this Administrative Order on Consent must be 
received on or before April 26, 1999.

ADDRESSES: Written comments relating to this Administrative Order on 
Consent, Docket No. VW-98-C-499, should be sent to William H. Clune, 
Assistant Regional Counsel, U.S. Environmental Protection Agency, 
Region 5, Mail Code C-14J, 77 West Jackson Blvd., Chicago, IL, 60604.

SUPPLEMENTARY INFORMATION: Copies of the Administrative Order on 
Consent and the Administrative record for this Site are available at 
the following address for review. It is strongly recommended that you 
telephone Mike

[[Page 14723]]

Bellot at (312) 353-6425 before visiting the Region 5 office.

U.S. Environmental Protection Agency, Region 5, Superfund Division, 77 
West Jackson Blvd., Chicago, IL 60604

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 
et seq.
William E. Muno,
Director, Superfund Division.
[FR Doc. 99-7431 Filed 3-25-99; 8:45 am]
BILLING CODE 6560-50-P