[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Pages 56452-56453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23364]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9461-6]


Proposed Administrative Settlement Agreement and Order on Consent 
for Removal Action for 6472 Selkirk Avenue Superfund Site (a/k/a 
``Reclamation Oil Site''), Detroit, MI

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of proposed settlement agreement and order on consent; 
request for public comment.

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SUMMARY: Notice is hereby given that a proposed Administrative 
Settlement Agreement and Order on Consent for Removal Action (``AOC'') 
for a removal action at the 6472 Selkirk Avenue Superfund site (a/k/a 
``Reclamation Oil Site'' or ``Site'') has been negotiated by the United 
States Environmental Protection Agency (``EPA'') and the following 
potentially responsible parties (``PRPs''): Univar USA Inc., SPX 
Corporation, BorgWarner Inc., and Ford Motor Company subject to the 
final review and approval of EPA and the U.S. Department of Justice.
    The proposed AOC relates to the removal action at the Reclamation 
Oil Site to be performed by the Respondents in exchange for a covenant 
by EPA not to sue for EPA's Past Response Costs incurred at the Site 
and to require Respondents to pay only the first fifty thousand dollars 
($50,000) of Future Response Costs incurred at the Site.
    The Site is located at 6472 Selkirk Avenue, Detroit, Wayne County, 
Michigan 48211. The Site is a partially fenced lot measuring 199 by 220 
feet, approximately 1 acre in size. The work to be done by the 
Respondents includes: removal and disposal of concrete in areas to be 
excavated; excavate identified contaminated soils on Site above 
applicable Michigan Act 451, Part 201 Direct Contact Criteria for 
residential sites (``Part 201''); if field screening indicates that 
soil contamination exceeds Part 201 requirements at the Site 
boundaries, continue excavation to the extent practicable; collect and 
analyze excavation sidewall and floor confirmation soil samples in 
accordance with the State of Michigan Sampling Strategies and 
Statistics Training Materials for Part 201; removal and disposal of a 
storm drain on site; backfilling and compacting of all excavations with 
clean soil; and revegetating the area of excavation. Soils containing 
fifty (50) ppm of PCBs or more will be disposed of at a TSCA-regulated 
landfill; all other materials

[[Page 56453]]

will be disposed of at a nonhazardous waste disposal facility (Michigan 
Type II disposal facility). This removal action will be conducted in 
accordance with the National Contingency Plan pursuant to Section 
104(a)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (``CERCLA''), as amended, 42 U.S.C. 9604(a)(1).
    EPA is negotiating the proposed AOC pursuant to its authority under 
Section 122 of CERCLA, 42 U.S.C. 9622. The PRPs will perform the 
activities EPA has determined are necessary to protect the public 
health and environment at the Site, which are estimated to cost 
approximately $1,016,863, in exchange for a covenant by EPA not to sue 
for Past Response Costs incurred at the Site, which are estimated to be 
$203,642.11, and for a requirement that the Respondents only pay the 
first fifty thousand ($50,000) of Future Response Costs incurred at the 
Site. EPA is proposing to compromise its response costs for this 
removal action is by approximately 25% under its ``Orphan Share 
Policy'' because there are a number of potentially responsible parties 
at the Site who are no longer financially viable and who are 
responsible for a substantial amount of the waste disposed of at the 
Site.

DATES: For thirty (30) days following the date of publication of this 
Notice, EPA will receive written comments relating to the cost 
forgiveness portions of the above referenced AOC. EPA will consider all 
comments received and will only approve the cost forgiveness portions 
of the AOC after the public comment period has ended and after it has 
considered all comments received.

ADDRESSES: EPA's response to any comments and the proposed AOC is 
available for public inspection at the EPA Superfund Record Center, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604-3590. 
Comments and requests for copies of the proposed AOC should be 
addressed to Karen L. Peaceman, Associate Regional Counsel, EPA Region 
5, Mail Code 14-J, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590; E-mail: [email protected] and should reference the 6472 
Selkirk Avenue Superfund Site, Detroit, Michigan. A copy of the 
proposed AOC may also be found at the Detroit Public Library, 5201 
Woodward Street, Detroit, MI 48202.

FOR FURTHER INFORMATION CONTACT: Karen L. Peaceman, Associate Regional 
Counsel, EPA Region 5, Mail Code 14-J, 77 West Jackson Boulevard, 
Chicago, Illinois, 60604-3590, (312) 353-5751.

    Dated: September 6, 2011.
Richard C. Karl,
Director, Superfund Division, Region 5, U.S. Environmental Protection 
Agency.
[FR Doc. 2011-23364 Filed 9-12-11; 8:45 am]
BILLING CODE 6560-50-P