[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Notices]
[Pages 16376-16378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8298]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7167-2]


Proposed CERCLA Administrative Cost Recovery Settlement Pursuant 
to the Comprehensive Environmental Response, Compensation, and 
Liability Act; Environmental Waste Resources Site, Coal City, IL

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for Public Comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C.

[[Page 16377]]

9622(i), notice is hereby given of a proposed administrative cost 
recovery settlement concerning the Environmental Waste Resources, Inc., 
facility (``Site'') located near Coal City, Illinois. The settling 
parties are listed in the Supplementary Information portion of this 
Notice. The settlement is designed to resolve the liability of the 
settling parties for response costs the United States Environmental 
Protection Agency (``U.S. EPA'' or ``Agency'') incurred responding to 
the release or threat of release of hazardous substances from the Site. 
The settlement requires the settling parties to pay $136,457 to the 
Hazardous Substances Superfund. The settlement includes a covenant from 
U.S. EPA not to sue the settling parties pursuant to Section 107 of 
CERCLA, 42 U.S.C. 9607, to recover Past Response Costs. U.S. EPA has 
the authority to enter into this administrative settlement agreement 
pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1). For 
thirty (30) days following the date of publication of this notice the 
Agency will receive written comments relating to the settlement. The 
Agency will consider all comments received and may modify or withdraw 
its consent to the settlement if comments received disclose facts or 
considerations which indicate that the settlement is inappropriate, 
improper, or inadequate. The Agency's response to any comments received 
will be available for public inspection at U.S. EPA, Region 5, 
Superfund Division Record Center, 77 West Jackson Boulevard, 7th Floor, 
Chicago, Illinois 60604.

DATES: Comments must be submitted 30 days following the date of 
publication of this notice.

ADDRESSES: The proposed Administrative Order on Consent (``AOC'') 
embodying the settlement agreement and additional background 
information relating to the settlement are available for public 
inspection at the U.S. EPA, Region 5, Superfund Division Record Center, 
77 West Jackson Boulevard, 7th Floor, Chicago, Illinois 60604. A copy 
of the proposed AOC may be obtained from Craig Melodia (address see 
below). Comments should reference the Environmental Waste Resources 
Site.

FOR FURTHER INFORMATION CONTACT: Craig Melodia, Office of Regional 
Counsel, Mail Code C-14J, U.S. EPA, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.

SUPPLEMENTARY INFORMATION:

A. Background

    Environmental Waste Resources, Inc. (``EWR''), a Connecticut 
corporation, operated a Resource Conservation and Recovery Act-
permitted treatment, storage, and recycling facility at the 26-acre 
Site from 1976 to 1997. During its operation EWR accepted hazardous and 
nonhazardous waste in bulk and container shipments. On July 8, 1997, 
EWR filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy 
Act (Case No. 97-32784). On February 3, 1998, the Chapter 11 proceeding 
converted into a Chapter 7 proceeding to liquidate the Debtor's assets 
(Case No. 97-51487). When EWR's bankruptcy proceeding converted to a 
Chapter 7 proceeding, EWR abandoned the Site, including hazardous 
substances, pollutants and contaminants. This waste remained on the 
Site in drums, some of which were deteriorating, and in the bulk tanks. 
Waste containing elevated concentrations of volatile organic compounds 
(``VOCs'') as well as lower concentrations of other VOCs and 
semivolatile organic compounds (``SVOCs'') was stored in drums and 
tanks on the Site. Additionally, approximately 40 compressed gas 
cylinders, many of which contained flammable gases, were left in 
outdoor areas of the Site. Numerous laboratory chemicals that included 
concentrated acids, bases, flammables, oxidizers, poisons, and 
radioactive material were left in the laboratory building on the Site.
    Shortly after EWR filed for bankruptcy the Illinois Environmental 
Protection Agency (``IEPA'') conducted a site investigation. That 
investigation prompted IEPA to refer the Site to U.S. EPA for response 
actions. From March 3 to March 6, 1998, U.S. EPA and its Superfund 
Technical Assessment and Response Team (``START'') contractor conducted 
an emergency site assessment. The site assessment identified 831 full 
drums labeled as containing both hazardous and non-hazardous waste; 
several hundred empty and partially full drums stored in three semi-
trailers; 23 aboveground tanks in outdoor tank farms, most of which 
were full (capacity of 10,000 to 50,000 gallons each); four aboveground 
tanks within the process building; 29 compressed gas cylinders; and a 
variety of laboratory chemicals. Several leaking drums were also 
identified during the site assessment.
    On March 7, 1998, U.S. EPA and its emergency response contractor 
mobilized to the Site to conduct an emergency response. A total of nine 
leaking 55-gallon drums were over packed, semi-trailers containing 
empty and partially full drums were investigated, and missing bolts 
were replaced on a storage tank man-way. In addition, U.S. EPA's 
contractor provided 24-hour security at the Site.
    On December 22, 1998, the U.S. EPA, Region 5, Superfund Division 
Director signed an AOC with 21 parties (``AOC parties'') to perform a 
time-critical removal action and to reimburse U.S. EPA for oversight 
costs associated with overseeing the removal. The AOC parties took 
control of the Site and began providing site security on February 8, 
1999. The removal took place from April 21, 1999, until September 3, 
1999. The AOC parties' final report was issued on October 1, 1999, and 
stated that over 300,000 gallons of liquid and solid waste, 928 drums, 
257 containers of laboratory hazardous substances, and 48 compressed 
gas cylinders had been removed from the Site. According to the final 
report, the AOC parties spent $1,186,894 performing the removal. In 
addition, the AOC parties paid $163,393 to U.S. EPA in oversight costs.

B. Settling Parties

    The parties to this proposed AOC are: Warner-Lambert; Eastman 
Chemical Company and its subsidiaries, including Eastman Company; 
Chicago Specialty, Inc.; Release International/Rexam Release, Inc.; 
Valspar Corporation; Esco Co. Limited Partnership; ACME Borden; Morton 
International, Inc.; Coleman Chemical, Inc.; Mallinckrodt Specialty 
Chemical; Northwestern Flavors, Inc.; Viskase Corp.; Quebecor Printing 
Mt. Morris, Inc.; Libra Industries, Inc.; Allied Tube & Conduit; 
Jefferson Smurfit Corporation; Lyon Metal Products; Mozel, Inc.; 
Chicago Steel Container Corp.; Precision Coatings, Inc.; and 
International Paper.

C. Description of Settlement

    The proposed AOC is a cash settlement to reimburse the Hazardous 
Waste Superfund for costs U.S. EPA incurred conducting the emergency 
removal action at the Site. The proposed AOC calls for the settling 
parties to pay $136,457 of U.S. EPA's total remaining costs of $243,925 
(``past costs''). The settling parties have already paid $163,393 in 
oversight costs. The proposed settlement compromises U.S. EPA's claim 
for the remaining costs in recognition of the settling parties' 
cooperation in conducting the time-critical removal at the Site, and in 
recognition of the substantial share of liability EWR is responsible 
for as the owner and operator of the Site. Since EWR is in bankruptcy 
and did not

[[Page 16378]]

participate in the removal, or reimburse U.S. EPA for its oversight 
costs, the settling parties have contributed more than their fair 
share. In recognition of this fact U.S. EPA would forgive $107,468 of 
its past costs under the proposed settlement.

    Dated: March 22, 2002.
Wendy Carney,
Acting Director, Superfund Division.
[FR Doc. 02-8298 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-P