[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Notices]
[Page 61165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26507]



[[Page 61165]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6885-2]


Proposed Cercla Agreement and Administrative Order by Consent for 
Clean Up And Costs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed CERCLA Agreement and Administrative Order by Consent.

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SUMMARY: EPA is proposing to execute an Agreement and Administrative 
Order by Consent (AOC) under sections 106(a) and 122(h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA). The AOC requires Potentially Responsible Parties 
(PRPs) to conduct a clean up of the Ramona Park Battery Casing Area 
Superfund Site and reimburse the EPA Hazardous Substances Superfund for 
all EPA costs of overseeing the clean up (not to exceed $400,000). As 
part of this settlement, EPA will agree not to pursue from these PRPs 
approximately $286,836 in past response costs incurred prior to May 14, 
1998. It is this portion of the settlement that EPA seeks public 
comment. In exchange for completing the work required and paying the 
oversight costs, EPA will provide the PRPs with a covenant not to sue 
and contribution protection for all costs associated with the Site. EPA 
is today proposing to accept this agreement because it forwards the 
Agency's public policy of protecting human health and the environment 
and recovers a fair and reasonable amount of costs incurred and to be 
incurred by EPA.

DATES: Comments on the past response cost component of this proposed 
settlement must be received on or before November 15, 2000.

ADDRESSES: Copies of the proposed settlement are available at the 
following address for review: (It is recommended that you telephone Mr. 
Stuart Hill at (312) 886-0689 before visiting the Region 5 Office).

Mr. Stuart Hill, Community Involvement Coordinator, Office of Public 
Affairs, U.S. Environmental Protection Agency, Region 5, 77 W. Jackson 
Boulevard (P-19J), Chicago, Illinois 60604 (312) 886-0689.
    Comments on this proposed settlement should be addressed to:
    Mr. Stuart Hill, Community Involvement Coordinator, Office of 
Public Affairs, U.S. Environmental Protection Agency, Region 5, 77 W. 
Jackson Boulevard (P-19J), Chicago, Illinois 60604, (312) 886-0689. 
(Please submit an original and three copies, if possible).

FOR FURTHER INFORMATION CONTACT: Mr. Stuart Hill, Office of Public 
Affairs, at (312) 886-0689.

SUPPLEMENTARY INFORMATION: The Site is an approximately five and one-
half acre area located in a residential-recreational area at 6255 
Auburn Road in Utica, Macomb County, Michigan. The Site is situated in 
the flood plain of the Clinton River and contains a significant 
quantity of lead-acid battery casings. The PRPs that have signed this 
AOC include the current property owner and parties that are alleged to 
have arranged for the disposal of lead batteries through a lead 
reclaiming operation which disposed of the contaminated casings at the 
Site. These PRPs are Ameritech Corporation (Michigan Bell Telephone), 
Auburn Supply Company, DaimlerChrysler Corporation, Detroit Edison 
Company, Exide Corporation, Ford Motor Corporation, General Motors 
Corporation, and NL Industries, Inc. A federal government agency, the 
Defense Logistics Agency, is also signing this AOC, and is referred to 
in the AOC as the Settling Federal Agency.
    The proposed AOC requires the Respondents to excavate, treat and 
dispose off-site in appropriate landfills all soil and other debris on-
site containing lead in concentrations of equal to or greater than 400 
parts per million (ppm). Respondents will also conduct post removal 
testing for lead on-site to demonstrate that the removal action 
achieved the clean-up goal. Respondents will reimburse EPA for all 
costs of overseeing the removal action (since July 9, 1999) up to a cap 
of $400,000. The Settling Federal Agency will pay $50,000 to the 
Respondents for use on the removal action and $50,000 to the Hazardous 
Substances Superfund for future oversight costs. As part of the 
settlement, EPA will not pursue its past response costs (incurred prior 
to May 14, 1998) of $286,836.25 from the Respondents or the Settling 
Federal Agency.

William E. Muno,
Director, Superfund Division, Environmental Protection Agency.
[FR Doc. 00-26507 Filed 10-13-00; 8:45 am]
BILLING CODE 6560-50-U