[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Notices]
[Pages 1722-1723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-412]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8268-8]


Notice of Proposed Agreement for Recovery of Past Response Costs 
Under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as Amended, 42 U.S.C. 9622(h)(1), Tru-
Fit Battery Superfund Site, Carroll, IA, Docket No. CERCLA-07-2004-0300

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: Notice is hereby given that a proposed agreement regarding the 
Tru-Fit Battery Superfund Site located in Carroll, Iowa, will be signed 
by the Environmental Protection Agency following completion of the 
public comment period.

DATES: Comments must be submitted on or before February 15, 2007.

ADDRESSES: Comments should be addressed to J. Scott Pemberton, Senior 
Assistant Regional Counsel, Environmental Protection Agency, Region 
VII, 901 N. 5th Street, Kansas City, Kansas 66101, and should refer to: 
In the Matter of Tru-Fit Battery Superfund Site, Carroll, Iowa, Docket 
No. CERCLA-07-2004-0300.
    The proposed agreement may be examined or obtained in person or by 
mail from Kathy Robinson, Regional Hearing Clerk, at the office of the 
Environmental Protection Agency, Region VII, 901 N. 5th Street, Kansas 
City, Kansas 66101, (913) 551-7567.

SUPPLEMENTARY INFORMATION: This proposed Agreement concerns the Tru-Fit 
Battery Superfund Site, located in Carroll, Iowa, and is made and 
entered

[[Page 1723]]

into by the EPA and T.J.'s Enterprises, Inc. (``the Settling Party'').
    In response to the release or threatened release of hazardous 
substances including lead at or from the Site, EPA undertook response 
actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. 9604. 
In April 1998, response actions were initiated by EPA to address the 
release of lead to surface and subsurface soils at the Site. Excavation 
of lead-contaminated soils began in December 1998, resulting in the 
excavation, on-Site treatment and off-Site disposal of approximately 
2,650 tons of lead-contaminated material. The soils were excavated to 
below 1000 parts per million, a level suitable only for limited uses of 
the property. EPA's response action has been completed and all costs 
incurred.
    Pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), the 
Settling Party is responsible for response costs incurred at or in 
connection with the Site. The Regional Administrator of EPA, Region 
VII, or his designee, has determined that the total past and projected 
response costs of the United States at or in connection with the Site 
will not exceed $500,000, excluding interest.
    This Agreement requires the Settling Party to pay to the EPA 
Hazardous Substance Superfund the principal sum of $45,000 in 
reimbursement of Past Response Costs, and will resolve the Settling 
Party's alleged civil liability for these costs. The proposed Agreement 
also includes a covenant not to sue the Settling Party pursuant to 
Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

    Dated: December 21, 2006.
John B. Askew,
Regional Administrator, Environmental Protection Agency, Region VII.
 [FR Doc. E7-412 Filed 1-12-07; 8:45 am]
BILLING CODE 6560-50-P