[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1626]
[[Page Unknown]]
[Federal Register: January 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4825-8]
Proposed CERCLA De Minimis Waste Contributor Administrative Order
on Consent for the Ninth Avenue Dump Site
agency: U.S. Environmental Protection Agency (``U.S. EPA'').
action: Proposal of CERCLA De Minimis Waste Contributor Administrative
Order on Consent for the Ninth Avenue Dump Site.
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summary: U.S. EPA proposes to address the potential liability of the
Institute of Gas Technology (``IGT'') under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(``CERCLA''), 42 U.S.C. 9601 et seq., as amended by the Superfund
Amendments and Reauthorization Act of 1986 (``SARA''), Pub. L. 99-499,
in connection with the Ninth Avenue Dump Site (``the Facility'') by
execution of a CERCLA de minimis waste contributor Administrative Order
on Consent (``AOC'') prepared pursuant to 42 U.S.C. 9622(g). The key
terms and conditions of the AOC may be briefly summarized as follows:
(1) IGT would agree to a settlement amount of $1,019,723.53, U.S. EPA
would credit IGT for $340,863.00 for the amount already contributed by
IGT toward the cleanup of the Facility, and, accordingly, IGT would pay
$678,860.53 to the Hazardous Substance Superfund; (2) U.S. EPA would
covenant not to sue IGT for ``covered matters'' which are defined as
any and all civil liability in connection with the Facility for
reimbursement of response costs or for injunctive relief pursuant to
CERCLA Sections 106 and 107 and RCRA Section 7003; (3) IGT would agree
to the following reservations of rights and reopeners (i.e.,
limitations on the covenant not to sue) by U.S. EPA--(a) U.S. EPA could
sue IGT for failure to make a payment required by the AOC and/or in
connection with any matter not expressly included in ``covered
matters'', (b) the covenant not to sue becomes null and void if (i)
U.S. EPA discovers that IGT contributed more than 400,000 gallons or
1.2% of the estimated total volume of hazardous substances at the
Facility, (ii) U.S. EPA discovers that IGT's waste contributions
contribute disproportionately to the toxic or other hazardous effects
of the hazardous substances at the Facility, or (iii) IGT fails to make
a payment required by the AOC.
dates: Comments on the proposed AOC must be received by U.S. EPA on
February 25, 1994.
addresses: A copy of the proposed AOC is available for review at U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Please contact Bernie Schorle at (312) 886-4746, Michael Berman at
(312) 886-6837, or Mike Anastasio at (312) 886-7951, prior to visiting
the Region 5 office.
Comments on the proposed AOC should be addressed to Michael R.
Berman and Mike Anastasio, Office of Regional Counsel, U.S. EPA, Region
5, 77 West Jackson Boulevard (Mail Code CS-3T), Chicago, Illinois
60604.
for further information contact: Michael Berman at (312) 886-6837, or
Mike Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of
Regional Counsel.
supplementary information: The Facility is located in Gary, Indiana,
and was operated as a hazardous waste storage facility until the mid-
1970s. Consequently, in 1983, the Facility was placed on the National
Priority List. On December 7, 1988, U.S. EPA issued a Unilateral
Administrative Order (``UAO'') pursuant to Section 106(a) of CERCLA, 42
U.S.C. 9606(a), to the Facility operator and other Potentially
Responsible Parties (``PRPs'') for the performance of a Phase I
Operable Unit, or interim, remedy. The Phase I Operable Unit remedy
included construction of a slurry wall around the contaminated portion
of the Facility, extraction of contaminated oil floating on surface
groundwater, and storage of the oil at the Facility until
implementation of the final remedy. In May, 1992, Phase I Operable Unit
Remedial Action construction activities were completed. Phase I
Operation and Maintenance activities are ongoing. In March, 1989, U.S.
EPA proposed a final remedial action plan. After considering the public
comments which it received, U.S. EPA selected a final, or Phase II
Operable Unit, remedy for the Facility. On August 17, 1989, U.S. EPA
issued a second UAO pursuant to Section 106(a) of CERCLA, 42 U.S.C.
9606(a), to PRPs for performance of the Phase II Operable Unit remedy.
The Phase II Operable Unit remedy provides for excavation of
contaminated waste and fill; removal of contaminated sediment and
debris from surface water bodies; treatment of excavated waste, fill
and highly contaminated sediments; back-filling of the excavated area,
installation of a RCRA Subtitle C cap; and extraction, treatment and
reinjection of contaminated groundwater. Phase II Operable Unit
remediation activities are ongoing.
In 1991, a de minimis settlement was entered into between U.S. EPA
and 86 PRPs associated with the Facility. IGT was not provided an
opportunity to participate in the 1991 de minimis settlement because
the waste-in volumetric ranking at that time allocated to IGT a waste-
in estimate that did not meet the de minimis cutoff for that
settlement. However, during the public comment period for the 1991 de
minimis settlement, IGT submitted comments arguing that it qualified
for de minimis eligibility. In response to IGT's comments, U.S. EPA
stated that ``the Agency has not foreclosed the possibility of an
additional settlement, should one be warranted, to include such parties
at IGT.'' Since that time, U.S. EPA has received sufficient information
to make an appropriate determination, pursuant to Section 122(g) of
CERCLA, 42 U.S.C. 9622(g), and all relevant U.S. EPA policy and
guidance documents, that IGT is eligible for a de minimis settlement
under the terms embodied in the AOC and in light of all the presently
known facts and circumstances involving the Facility.
A 30-day period, commencing on the date of publication of this
notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C.
9622(i), for comments on the proposed AOC. Comments should be sent to
the addressees identified in this notice.
William H. Sanders II,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region 5.
[FR Doc. 94-1626 Filed 1-25-94; 8:45 am]
BILLING CODE 6560-50-M
