[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Notices]
[Page 26614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12353]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7499-4]


Notice of Proposed Administrative Order on Consent Pursuant to 
Section 122(g)(4) of the Comprehensive Environmental Response 
Compensation and Liability Act (CERCLA), PCB Treatment, Inc. Superfund 
Site, Kansas City, KS, and Kansas City, MO, Docket No. CERCLA 07-2002-
0003

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative order on consent, PCB 
Treatment, Inc. Superfund Site, Kansas City, Kansas, and Kansas City, 
Missouri.

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SUMMARY: Notice is hereby given that a proposed administrative order on 
consent betweenDenton County Electric Cooperative, Inc. and the United 
States Environmental Protection Agency (EPA) was approved by the United 
States Department of Justice (DOJ) on April 16, 2003 and signed by the 
United States Environmental Protection Agency (EPA) on April 28, 2003. 
This settlement relates to the PCB Treatment Inc. Superfund Site 
(Site).

DATES: EPA will receive, until June 16, 2003, comments relating to the 
proposed agreement.

ADDRESSES: Comments should be addressed to Audrey Asher, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 901 N. Fifth Street, Kansas City, Kansas 66101 and 
should refer to the PCB Treatment, Inc. Superfund Site Administrative 
Order on Consent, CERCLA Docket No. 07-2002-0003.
    The proposed agreement may be examined or obtained in person or by 
mail at the office of the United States Environmental Protection 
Agency, Region VII, 901 North Fifth Street, Kansas City, KS 66101 (913) 
551-7255.

SUPPLEMENTARY INFORMATION: The Site consists of two facilities, about 
two miles apart, located in the industrial areas of Kansas City, Kansas 
at 45 Ewing Street and Kansas City, Missouri at 2100 Wyandotte Street. 
The facilities were formerly operated by PCB Treatment, Inc., now a 
defunct corporation. Between 1982 and 1987, PCB Treatment, Inc. and its 
subsidiaries or affiliates treated and stored PCBs contained in used 
transformers, capacitors, oil, equipment, and other materials at the 
Wyandotte facility and the Ewing facility. During its period of 
operations, spills of PCB contaminated waste occurred.
    Samples collected at the Site in the late 1990s indicated that the 
PCB contamination at Ewing Street exceeded 1,790 parts per million 
(ppm) in the building and 1,450 ppm in the soils. At Wyandotte Street, 
the PCB contamination exceeded 23,800 ppm in the building and 800 ppm 
in the soils.
    Over 1000 parties arranged for disposal of PCB wastes at the Site. 
EPA identified a large number of these parties, including Denton County 
Electric Cooperative, Inc., as de minimis parties. EPA offered 
settlements to the de minimis parties based on their allocated share of 
the waste plus a premium. The payments by the de minimis parties have 
been placed in a Special Account that will be used towards the cleanup 
of the Site, estimated to cost $35,000,000.
    Denton County Electric Cooperative, Inc. filed for protection under 
Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court 
for the Northern District of Texas and subsequently accepted EPA's 
offer to settle as a de minimis party, subject to approval of the 
United States Bankruptcy Court.
    Through this settlement, and subject to the Bankruptcy Court 
approval, Denton County Electric Cooperative, Inc. will pay $6,742.19 
to the EPA Hazardous Substance Superfund, PCB Treatment, Inc. Special 
Account. Subject to certain reopeners, EPA covenants not to sue Denton 
County Electric Cooperative, Inc. for injunctive relief or response 
costs concerning the Site. In addition, Denton County Electric 
Cooperative, Inc. receives contribution protection for matters 
addressed in the settlement.

    Dated: May 2, 2003.
Gale Hutton,
Acting Regional Administrator, United States Environmental Protection 
Agency, Region VII.
[FR Doc. 03-12353 Filed 5-15-03; 8:45 am]
BILLING CODE 6560-50-P