[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18373-18374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9211]


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ENVIRONMENTAL PROTECTION AGENCY

 [FRL-8895-4]


Notice of Proposed Administrative Cashout Agreement Pursuant to 
Section 122(H)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act; In Re: Hassan Barrel Superfund Site, 
Fort Wayne, Allen County, IN

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: Notice is hereby given of a proposed administrative settlement 
under CERCLA concerning the Hassan Barrel Superfund Site (``Site'') in 
Fort Wayne, Allen County, Indiana. Subject to review and comment by the 
public pursuant to this Notice, the settlement has been approved by the 
United States Department of Justice. The settlement resolves a United 
States Environmental Protection Agency (EPA) claim under Sections 106, 
107(a), and 122 of CERCLA, against 61 parties who have executed binding 
certifications of their consent to the settlement, as listed below in 
the Supplementary Information section.
    The settlement requires the settling parties to pay a total of 
$950,000 to the Hazardous Substances Superfund, Hassan Barrel Superfund 
Site, Special Account. Each settling party is required to pay an amount 
specified for that party in the settlement based upon the volume of 
waste that party contributed to the Site. The settling parties shall 
also pay to the EPA, 50% of the net environmental insurance proceeds 
recovered and received by some or all of the settling parties in a 
pending insurance recovery action. The payments shall not exceed the 
difference between $950,000 and EPA's estimate of total past response 
costs, which is approximately $1.7 million. Payments received shall be 
applied, retained, or used to finance the response actions taken or to 
be taken at or in connection with the Site.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
settlement. The Agency 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 Agency's response to any 
comments received will be available for public inspection at the EPA, 
Region 5, 7th Floor File Room, 77 West Jackson Boulevard, Chicago, 
Illinois.

DATES: Comments must be submitted on or before May 22, 2009.

ADDRESSES: The proposed settlement is available for public inspection 
at the EPA, Region 5, 7th Floor File Room, 77 West Jackson Boulevard, 
Chicago, Illinois. In addition, a copy of the proposed settlement also 
may be obtained from Nola M. Hicks, Associate Regional Counsel (C-14J), 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, or 
by calling (312) 886-7949. Comments should reference the Hassan Barrel 
Superfund Site, Fort Wayne, Allen County, Indiana and EPA Docket No. 
and should be addressed to Nola M. Hicks, Associate Regional Counsel 
(C-14J), Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The parties listed below have executed 
binding certifications of their consent to participate in the 
settlement.
    The Performing Parties are as follows: Austin Petroleum, Inc., Buis 
Oil Company, Inc., Chroma Source Inc., Cintas Corporation, Colwell, 
Inc., Cooper Standard Automotive, Crystal Flash Petroleum Corporation, 
Dreyer's Grand Ice Cream, Inc., Fort Wayne Newspapers, Inc., Franklin 
Electric Co. Inc., Gregory Porter dba Porter's BP, Hartson-Kennedy 
Cabinet Top Co. Inc., Heritage-Cristal Clean LLC, Heritage 
Environmental Services LLC, Hoosier Tire & Rubber Corp., J.M. Reynolds 
Oil Co. Inc., Co-Alliance LLP f/k/a LaPorte County Co-op, Master 
Petroleum Products Inc., North Central Co-op, Phelps Dodge Industries 
Inc., Rackham Service Corp., Rea Magnet Wire Company Inc., Thomson 
Inc., Warner Oil Co., Yoder Oil.
    The Buy-out Parties are as follows: 14/69 Car Wash Super Center 
Inc., American Electric Power Service Corporation on behalf of itself 
and Indiana Michigan Power Company, Autoliv ASP Inc., Carpenter Co., 
CME Automotive Corporation, Cole Pattern & Engineering, CTS 
Corporation, Eaton Corp/Eaton Aeroquip Inc., Fasson Roll North American 
Division of Avery Dennison Corporation, Gallahan Oil Co. Inc., Grabill 
Cabinet Company Inc., Griffith Rubber Mills of Garrett LLC, Harris 
Kayot/Fort Wayne Anodizing, K-Com Transportation Services Inc. (Kemark 
Environmental Service) Kemco International Inc., Keystone RV Company, 
Kimball International Inc. and Kimball Electronic Inc., Labecca LLC, 
Lift All Division of Hydra-Tech, Inc., McCoy Bolt Works Inc., McGill 
Manufacturing Co., McIntosh Energy Co. Inc., Metalloid Corporation, 
Parrot Press Inc., Elantas PDG Inc. f/k/a The PD George Company, Group 
Dekko Inc. f/k/a Pent Technologies, Rieke Corporation, Skyline 
Corporation, Square D, Sroufe Healthcare Products/Wilmot Holdings, 
Stonestreet & Stonestreet Oil Company (S&S Oil), Trelleborg Sealing 
Solutions (TSS F Wayne), Trelleborg YSH Inc., Tuthill Transfer Systems 
Tuthill Corp., United Technologies Corporation, Waggoner's Fuel Co. 
Inc.

FOR FURTHER INFORMATION CONTACT: Nola M. Hicks, Associate Regional 
Counsel (C-14J), Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604, or call (312) 886-7949.

    Authority:  The Comprehensive Environmental Response, 
Compensation and Liability Act, of 1980, 42 U.S.C. 9604, 9606(a), 
9607, and 9622, as amended.


[[Page 18374]]


    Dated: April 8, 2009.
Richard C. Karl,
Director, Superfund Division, Region 5.
[FR Doc. E9-9211 Filed 4-21-09; 8:45 am]
BILLING CODE 6560-50-P