[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2334-2335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-968]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7428-9]


Proposed Administrative Cashout Deminimis Settlement Under 
Section 122(g) of the Comprehensive Environmental Response Compensation 
and Liability Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment for the NL Industries 
(Taracorp) Site.

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

SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed 
administrative settlement for recovery of past and projected future

[[Page 2335]]

response costs concerning the NL Industries (Taracorp) Site, with the 
total of 74 settling parties listed in the SUPPLEMENTARY INFORMATION 
portion of this notice. The settlement requires the settling parties to 
pay $1,163,125.65 to the Hazardous Substance Superfund.
    The total cost of the cleanup is approximately $63 million. This 
number is the sum of EPA's past costs of approximately $43 million, 
plus costs incurred by certain potentially responsible parties of 
approximately $ 20 million. For purposes of settlement, site costs have 
been allocated approximately 50% to generators and 50% to owner/
operators. Since all deminimis parties are generators, the deminimis 
percentage share of site costs is based on fifty percent of total site 
costs, or $30 million. Total future site costs were assigned a premium 
of 20%. Payment amounts for each deminimis generator were calculated by 
multiplying the generator site cost by each deminimis generator's 
percentage share of volume contributed to the site.
    Under the terms of the settlement, the deminimis generators who 
sign the Consent Order agree to pay their respective settlement 
amounts. In exchange for those payments, the United States covenants 
not to sue or take administrative action pursuant to sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), relating to the Site. In 
addition, participating deminimis generators will be entitled to 
protection from contribution action or claims as provided by sections 
113(f) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f) and 9622(g)(5), for 
all response costs incurred and to be incurred by any person at the 
Site.
    For thirty (30) days following the date of publication of this 
notice, the Agency will accept 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 EPA's 
Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604.

DATES: Comments must be submitted on or before February 18, 2003.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. A copy of the proposed settlement may be obtained from 
Larry L. Johnson, Associate Regional Counsel, U.S. EPA, Mail Code C-
14J, 77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-
6609. Comments should reference the NL Industries (Taracorp) Site, and 
EPA Docket No. 91-00578-JLF, and should be addressed to Larry L. 
Johnson, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 W. 
Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Larry L. Johnson, Associate Regional 
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, 
Illinois 60604, telephone 312-886-6609.

SUPPLEMENTARY INFORMATION: The following is a list of the settling de 
minimis generators:
    1. 3-H Industries (Now known as Mayfield Manufacturing Company).
    2. A. Edelstein & Sons.
    3. A.O Smith Corporation.
    4. Ace Comb Company.
    5. Acme Iron & Metal Co.
    6. Acro Sale & Engineering.
    7. Allied Metal Company.
    8. Amax Inc./Amax Lead & Zinc.
    9. American National Can Company.
    10. Baker Iron & Metal.
    11. Ball Metal & Chemical.
    12. Barter Machinery & Supply Company.
    13. Bill's Auto Parts.
    14. C & D Battery dba/C&D Charter Power c/o Allied Signal , Inc.
    15. C.L. Downey Company.
    16. CNC Industries, Inc.
    17. Cerro Copper Products Co.
    18. Chrysler Corporation (Daimler-Chrysler Corporation).
    19. Delhi Battery & Supply Co, Inc.
    20. Douglas Battery Manufacturing Comp.
    21. Dumes, Inc.
    22. Elden R. Erikson & Sons, Inc.
    23. Electro Battery Manufacturing Co.
    24. Farmland Industries.
    25. Fisher Steel & Supply Co.
    26. G & M Scrap Metal.
    27. GSA--General Services Administration.
    28. Grossman Iron & Steel Company.
    29. Herman Strauss, Inc.
    30. Houston Salvage.
    31. Industrial Electrical Equipment Co.
    32. Intra-American Metals.
    33. J. Trockman & Sons.
    34. L. Kahn & Sons.
    35. La Salle Steel Company.
    36. M. Katch.
    37. Mc Graw Edison Company.
    38. Mallin Brothers Company.
    39. Marco Steel Supply.
    40. Martin Brothers Mill & Foundry Supply.
    41. Miller Compressing Company.
    42. Milwaukee Scrap Metal Co.
    43. Modine Manufacturing.
    44. Northbrook Sports Club.
    45. Olin Corporation.
    46. Parks Iron & Metal.
    47. Peltz Brothers.
    48. Pequena Battery Company.
    49. Pet, Inc.
    50. Plough, Inc.
    51. Reeves Scrap Metal.
    52. Sam Allen & Son, Inc.
    53. School of the Ozarks (Now known as College of the Ozarks).
    54. Schuster Metals, Inc.
    55. Senser Metal Company.
    56. Shapiro Sales Company.
    57. Slesnick Iron & Metal.
    58. Southwestern Bell Telephone Company.
    59. Stewart-Warner Corp.
    60. Stewart-Warner Corporation c/o Invensys.
    61. Superior Companies, Inc.
    62. University of Illinois of Urbana.
    63. Vivo Iron & Metal.
    64. Wallach Iron & Metal Company.
    65. Willoughby Iron & Waste Material Co.
    66. Young Radiator Company.
    67. United Technologies Corporation.
    68. Parkans International, Inc.
    69. Sherwin-Williams.
    70. Marchem Resources, Inc.
    71. Rankin Technical Institute.
    72. Crown Cork & Seal Corporation.
    73. Centritech Corporation.
    74. Milford Rivet & Machine Company.

    Dated: January 7, 2003.
Thomas V. Skinner,
Regional Administrator, Region 5.
[FR Doc. 03-968 Filed 1-15-03; 8:45 am]
BILLING CODE 6560-50-P