[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Notices]
[Page 26615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12354]



[[Page 26615]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7499-3]


Notice of Proposed Administrative Order on Consent Pursuant to 
Section 122(g)(4) and (7) 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 07-2003-
0079

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 between Midwest Energy, Inc. and the United States 
Environmental Protection Agency (EPA) was signed by the United States 
Environmental Protection Agency (EPA) on March 21, 2003 and approved by 
the United States Department of Justice (DOJ) on April 16, 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. 07-2003-0079.
    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 Midwest 
Energy, 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. Based on financial information submitted 
by Midwest Energy, Inc., EPA determined that Midwest Energy, Inc. 
demonstrated an inability to pay its allocated share, and qualifies for 
a reduction in the settlement amount. This proposed settlement requires 
Midwest Energy, Inc. to pay $200,000 to resolve its liability at the 
Site. Through this settlement, and subject to certain reopeners, EPA 
covenants not to sue Midwest Energy, Inc. for injunctive relief or 
response costs concerning the Site. In addition, Midwest Energy, 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. 03-12354 Filed 5-15-03; 8:45 am]
BILLING CODE 6560-50-P