[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Notices]
[Pages 64106-64107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28309]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7585-5]


Proposed Third Administrative Cashout Settlement Under Section 
122(g) of the Comprehensive Environmental Response, Compensation, and 
Liability Act; in Re: Beede Waste Oil Superfund Site, Plaistow, NH

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed third administrative settlement and request 
for public comment.

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

SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended, 42 
U.S.C. 9622(i), notice is hereby given of a proposed third 
administrative settlement for recovery of past and projected future 
response costs concerning the Beede Waste Oil Superfund Site in 
Plaistow, New Hampshire with the settling parties listed in the 
Supplementary Information portion of this notice. The U.S. 
Environmental Protection Agency--Region I (EPA) is proposing to enter 
into a third de minimis settlement agreement to address claims under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq. The Beede 
Third De Minimis Settlement Administrative Order on Consent (``AOC'') 
is modeled on the same or substantially similar terms and conditions as 
the Beede Second De Minimis Settlement of 2002, including reliance on 
the same cost basis. This third settlement addresses the 17 parties who 
raised, and submitted the necessary documentation for, an Ability to 
Pay (``ATP'') claim in response to the second settlement, and it 
includes reduced cashout amounts for 10 of the 17 parties who 
demonstrated an inability to pay. For each party who submitted an ATP 
claim, EPA sought to determine whether there was a valid basis for 
finding the PRP unable to pay the full cashout amount without suffering 
severe undue financial hardship. Notice is being published to inform 
the public of the proposed third settlement and of the opportunity to 
comment. This third settlement, embodied in a CERCLA section 122(g) 
Administrative Order on Consent (``AOC''), is designed to resolve each 
settling party's liability at the Site for past work, past response 
costs and specified future work and response costs through covenants 
under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, as well 
as to resolve each such settling party's liability at the Site for past 
response costs and estimated future response costs by the State of New 
Hampshire, through its Department of Environmental Services. The 
proposed AOC requires the settling parties listed in the Supplementary 
Information section below to pay an aggregate total of approximately 
$45,037.44. For thirty (30) days following the date of publication of 
this notice, the EPA will receive written comments relating to this 
third settlement. The EPA 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 EPA's response to any 
comments received will be available for public inspection at the EPA 
Records Center, 1 Congress Street, Boston, MA 02114-2023 (Telephone 
Number: 617-918-1440).

DATES: Comments must be submitted on or before December 12, 2003.

ADDRESSES: The proposed third settlement is available for public 
inspection at the EPA Records Center, 1 Congress Street, Boston, MA 
02114-2023. Please call 617-918-1440 to schedule an appointment. A copy 
of the proposed third settlement may be obtained from Kristin Balzano, 
U.S. Environmental Protection Agency, Region I, 1 Congress Street, 
Suite 1100 (SES), Boston, MA 02114-2023 (Telephone Number: 617-918-
1772). Comments should reference the Beede Waste Oil Superfund Site in 
Plaistow, New Hampshire and EPA Docket No. CERCLA-01-2003-0038 and 
should be addressed to Kristin Balzano, U.S. Environmental Protection 
Agency, Region I, 1 Congress Street, Suite 1100 (SES), Boston, MA 
02114-2023.

FOR FURTHER INFORMATION CONTACT: Cindy Lewis, U.S. Environmental 
Protection Agency, Region I, 1 Congress Street, Suite 1100 (SES), 
Boston, MA 02114-2023 (Telephone Number: 617-918-1889).

SUPPLEMENTARY INFORMATION: This section contains a list of the 12 
settling parties. Each party name is accompanied by its 4-digit PRP 
identification number, a party-specific identifier uniquely associated 
with the PRP to which it refers. The following is a list of the 
settling parties to the proposed third settlement: A.J. Gagnon & Sons, 
Inc. (PRP 2195), Auto Radiator Service, Inc. (PRP 
0401), Cargo Transport, Inc. (PRP 1787), Christie 
Transfer, Inc. (PRP 1924), City of Quincy (GRP 404), 
Internal Combustion, Ltd. (PRP 2691), James R. Nicholson, 
Individually (PRP 3716), LBJ Inc. (PRP 3043), New 
England Transmission Co., Inc. (PRP 3679), New Tern Harbor 
Marina, Inc. (PRP 3689), Roberts Motor Sales, Inc. (PRP 
4344) and Wakefield Auto Service, Inc. (PRP 5235).
    In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et 
seq., notice is hereby given of a

[[Page 64107]]

proposed third de minimis settlement agreement under section 122(g) of 
CERCLA concerning the Beede Waste Oil Superfund Site in Plaistow, NH. 
The third settlement was approved by EPA Region I, subject to review by 
the public pursuant to this notice.
    The proposed third settlement has been approved by the United 
States Department of Justice and, for the State portion of the 
settlement, by the State of New Hampshire. EPA will receive written 
comments relating to this settlement for thirty (30) days from the date 
of publication of this Notice.

    Dated: November 3, 2003.
Richard Cavagnero,
Acting Director, Office of Site Remediation and Restoration, EPA--
Region I.
[FR Doc. 03-28309 Filed 11-10-03; 8:45 am]
BILLING CODE 6560-50-P