[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Notices]
[Page 8303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2278]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8033-8]


Proposed Agreement for Recovery of Past Costs and Covenant Not To 
Sue for the Grand Junction Anti-Freeze Site, Grand Junction, CO

ACENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement; request for public comment.

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SUMMARY: In accordance with the requirements of section 122(h)(1) of 
the Comprehensive Environmental Response Compensation, and Liability 
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is 
hereby given of the proposed administrative settlement under section 
122(h) of CERCLA, 42 U.S.C. 9622(h) between the U.S. Environmental 
Protection Agency (``EPA'') and Chemical Specialties Incorporated 
(Chemical Specialties) (collectively, ``Settling Parties''). Chemical 
Specialties consents to and will not contest EPA's authority to enter 
into this Agreement or to implement or enforce its terms. By entering 
into this Agreement, the mutual objective of the Settling Parties is to 
avoid difficult and prolonged litigation by Chemical Specialties making 
a monetary payment to address its alleged civil liability for the Site.
    In return, the Chemical Specialties receives a Covenant Not to Sue 
by the EPA. The EPA has incurred response costs, starting in January 
2003 and extending through June 2004, totaling approximately 
$239,636.70, and additional response costs from June 2004 to the 
present. EPA alleges that Chemical Specialties is a responsible party 
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), and is jointly 
and severally liable for response costs incurred and to be incurred at 
or in connection with the Site. EPA has reviewed the Financial 
Information submitted by the Chemical Specialties to determine whether 
the Chemical Specialties is financially able to pay response costs 
incurred and to be incurred at the Site. Based upon this Financial 
Information, and its review completed July 13, 2005, EPA has determined 
that Chemical Specialties has limited financial ability to pay for 
response costs incurred and to be incurred at and in connection with 
the Site.
    Chemical Specialties has agreed to pay to the EPA Hazardous 
Substance Superfund $22,000.00, plus an additional amount for interest. 
The Settling Parties recognize that this Agreement has been negotiated 
in good faith and that this Agreement is entered into without the 
admission or adjudication of any issue of fact or law.

DATES: Comments must be submitted on or before March 20, 2006. For 
thirty (30) days following the date of publication of this notice, the 
Agency will receive written comments relating to the agreement. The 
Agency will consider all comments received and may modify or withdraw 
its consent to the agreement if comments received disclose facts or 
considerations that indicate that the agreement is inappropriate, 
improper, or inadequate.

ADDRESSES: The Agency's response to any comments, the proposed 
agreement and additional background information relating to the 
agreement are available for public inspection at the EPA Superfund 
Record Center, 999 18th Street, Suite 300, 5th Floor, in Denver, 
Colorado. Comments and requests for a copy of the proposed agreement 
should be addressed to Michael Rudy, Enforcement Specialist, 
Environmental Protection Agency--Region 8, Mail Code 8ENF-RC, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466, and should reference 
the Grand Junction Anti-Freeze Site, Grand Junction, Colorado.

FOR FURTHER INFORMATION CONTACT: James Stearns, Legal Enforcement 
Attorney, Legal Enforcement Program, Environmental Protection Agency--
Region 8, Mail Code 8ENF-L, 999 18th Street, Suite 300, Denver, 
Colorado 80202-2466, (303) 312-6912.

    Dated: February 3, 2006.
David Janik,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region VIII.
 [FR Doc. E6-2278 Filed 2-15-06; 8:45 am]
BILLING CODE 6560-50-P