02-24913. Proposed Agreement Pursuant to Sections 122(g) and (h) of the Comprehensive Environmental Response, Compensation, and Liability Act for the Zionsville Third Site Superfund Site  

  • [Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
    [Notices]
    [Pages 61624-61625]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 02-24913]
    
    
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    ENVIRONMENTAL DEPARTMENT AGENCY
    
    [FRL-7388-1]
    
    
    Proposed Agreement Pursuant to Sections 122(g) and (h) of the 
    Comprehensive Environmental Response, Compensation, and Liability Act 
    for the Zionsville Third Site Superfund Site
    
    AGENCY: Environmental Protection Agency (``EPA'').
    
    ACTION: Notice; request for public comment on proposed de minimis 
    settlement.
    
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    SUMMARY: In accordance with section 122(i)(1) of the Comprehensive 
    Environmental Response, Compensation and Liability Act of 1984, as 
    amended (`CERCLA''), notification is hereby given of a proposed 
    administrative agreement concerning the Zionsville Third Site hazardous 
    waste site located approximately 150 feet east of U.S. Highway 421 and 
    approximately 350 feet south of the Environ-Chem Superfund site in 
    Zionsville, Indiana (the ``Site''). EPA proposes to enter into this 
    agreement under the authority of sections 122(g) and (h) and 107 of 
    CERCLA. The proposed agreement has been executed by the following de 
    minimis parties: Ahlstrom Filtration, Inc.; Akzo Nobel Coatings Inc. 
    (Wyandotte Paint Co.); Also Industries, Inc. (Synthane-Taylor); Allen-
    Bradley Company, LLC.; Allied Waste Transportation, Inc. d/b/a 
    Vermillion Waste Systems; American National Can Company, now Rexam 
    Beverage Can Company; American Recovery Company, Incorporated; A.O. 
    Smith Corporation; Ashland Inc.; Belden Inc. (Cooper Industries); BMC 
    Industries, Inc. (for Buckbee Mears Co.); Borg Warner Inc. on behalf of 
    Warner Gear Division (Borg-Warner); Brulin & Company, Inc.; Carlisle 
    Tire &Wheel Company (formerly known as Carlisle Tire & Rubber Company 
    (Indus Wheel); Chemical Waste Management, Inc.; Child Craft Industries, 
    Inc. (Smith Cabinet); Cintech Industrial Coatings, Inc. (for Cincinnati 
    Varnish); Cloudsley Company; Cohesant of MO, Inc. s/k/a King Adhesives, 
    Inc. and its parent Cohesant Technologies Inc.; Commercial Sewer 
    Cleaning Company, Inc.; Cummins Engine Co.; David L. Wade, Inc. (FKA 
    Standard Paints Incorporated); Davis-Frost, Inc. (formerly Frost Paint 
    & Oil Co.); Devro-Teepak, Inc.; Egyptian Lacquer Mfg. Co., Inc.; 
    Electro-Spec, Inc.; Emhart Industries, Inc.; Ericsson Inc.; Farm Credit 
    Services of Mid-America; Freudenberg-NOK, Gen. Corp Inc (General Tire); 
    Georgia Pacific Corporation, successor in interest to James River II 
    (Crown Zellerback); H.B. Fuller Company; Heriff Jones, Inc.; Hill-Room 
    Company, Inc.; International Paper Company (successor in interest to 
    Champion International Corporation); International Paper Company (for 
    Chase Packaging Corp.); I.W.D. Waste, Inc.; Kurfees Coatings 
    (Louisville Varnish); KCL Corporation; Kewanee Industries Inc. for 
    Bruning Paint Company and Chevron Environmental Management
    
    [[Page 61625]]
    
    Co.; Knauf Fiber Glass; Lennox International Inc. as related to Wickes 
    Mfg. (Bohn Alum./Heat); Marathon Oil Company (includes Rock Island 
    Refining Corporation which merged with Marathon Oil Company); Marathon 
    Pipe Line Company; Marcus Paint Company; Marisol, Inc.; McLaughlin 
    Gormley King Company; Modine Manufacturing Company (successor in 
    interest to Signet Systems (Easton)); Moormann Bros. Mfg.; Mueller 
    Copper Tube Products, Inc. f/k/a Halstead Industries, Inc.; National 
    Railroad Passenger Corporation; Onan Corporation; Philips Electronics 
    North America Corporation; PPG Industries, Inc.; R.R. Donnelley & Sons 
    Company; Red Spot Paint & Varnish Co., Inc.; Reliance Electric Company; 
    RHI Holdings, Inc. as successor to Rexnold Holdings, Inc.; Robbie 
    Manufacturing, Inc.; Rockwell International; Seagate Technology LLC, as 
    successor in interest to the operating assets of Seagate Technology, 
    Inc. and on behalf of Magnet Peripherals, Inc & MPI Plastic; Sequa 
    Corporation; The Sherwin-Williams Corporation; Superior Oil Company, 
    Inc.; The Timken Company; TRW Inc.; Unisys Corporation, United States 
    Gypsum (for itself and as successor for this matter only to Durabond); 
    United Technologies Corporation (Inmont Corporation and Essex Group); 
    United Technologies Corporation (United Technologies Automotive, Inc.--
    Alam Plastics); Valhi, Inc./IMPEX; Viacom Inc., successor by merger to 
    CBS Corporation, f/k/a Westinghouse Electric Corporation; Thermo King; 
    Wabash Products; White Consolidated Industries, Inc.; Whittaker 
    Corporation (Dayton Coatings) and all affiliates; World Color Press 
    (Salem Gravure) [n/k/a Quebecor World (USA), Inc.]; Federal Bureau of 
    Prisons; and U.S. Department of the Navy.
        Under the proposed agreement, the de minimis parties will pay a 
    total of approximately $3,083,555.54, which will be placed into an 
    escrow account to be used for response costs incurred and to be 
    incurred at the Site. A group of 34 non-de minimis settlors under this 
    agreement will perform the remaining removal actions to be conducted at 
    the Site, and pay EPA's costs of overseeing these removal actions. EPA 
    has incurred and will continue to incur response costs overseeing 
    response activities conducted to mitigate an imminent and substantial 
    endangerment to human health or the environment present or threatened 
    by hazardous substances present at the Site. The Settling Parties have 
    spent approximately $8 million to perform cleanup activities at the 
    Site to date, and the remaining response cost are estimated at $6 
    million. The non-de minimis settlors under this proposed agreement are: 
    Alcoa Inc.; Anderson Development Company; ArvinMeritor, Inc., successor 
    in interest to Arvin Industries, Inc.; Batesville Casket Company, Inc.; 
    Beazer East, Inc.; Bemis Company, Inc.; Bridgestone/Firestone North 
    America Tire, LLC; Chemical Marketing Corp.; Detrex Corporation; Exxon 
    Mobil Corporation for Mobil Oil Corporation; Ford Motor Company; 
    Freightliner LLC (formerly Freightliner Corp.); General Electric 
    Company; General Motors Corporation; HC Industries, Inc.; Honeywell 
    International Inc.; JCI Jones Chemicals, Inc.; Jeffboat LLC; Kimberly 
    Clark Corporation; Liberty Solvents & Chemicals; Lilly Ind. Coatings, 
    Inc. n/k/a The Valspar Corporation and The Valspar Corporation; Lucent 
    Technologies (AT&T); Maytag Corporation (Jenn-Air); McDonnell Douglas 
    Corporation, a wholly-owned subsidiary of The Boeing Company; Pratt & 
    Lambert; Radio Materials Corporation; RCA Corporation; S.C. Johnson & 
    Son, Inc.; Stolle Corporation; Tyco Healthcare Group LP, as successor 
    in interest to the Kendall Company; Tyco International (US) Inc. 
    (Ludlow Corporation); Union Carbide Corporation; Waste Research & 
    Reclamation Co., Inc.; and Whirlpool Corporation.
        For thirty days following the date of publication of this notice, 
    the EPA will receive written comments relating to this proposed 
    agreement. EPA will consider all comments received and may decide not 
    to enter this proposed agreement if comments disclose facts or 
    considerations which indicate that the proposed agreement is 
    inappropriate, improper or inadequate.
    
    DATES: Comments on the proposed agreement must be received by EPA on or 
    before October 31, 2002.
    
    ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
    Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
    Chicago, Illinois 60604-3590, and should refer to: In the Matter of 
    Zionsville Third Site, Zionsville, Indiana, U.S. EPA Docket No. V-W-
    02C-698.
    
    FOR FURTHER INFORMATION CONTACT: Thomas J. Krueger, U.S. Environmental 
    Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson 
    Boulevard, Chicago, Illinois 66064-3490, (312) 886-0562.
        A copy of the proposed administrative settlement agreement may be 
    obtained in person or by mail from the EPA's Region 5 Office of 
    Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604-
    3590. Additional background information relating to the settlement is 
    available for review at the EPA's Region 5 Office of Regional Counsel.
    
        Authority:  The Comprehensive Environmental Response, 
    Compensation, and Liability Act, as amended, 42 U.S.C. 9601-9675.
    
    William E. Muno,
    Director, Superfund Division, Region 5.
    [FR Doc. 02-24913 Filed 9-30-02; 8:45 am]
    BILLING CODE 6560-50-M
    
    
    

Document Information

Published:
10/01/2002
Department:
Environment Office, Energy Department
Entry Type:
Notice
Action:
Notice; request for public comment on proposed de minimis settlement.
Document Number:
02-24913
Dates:
Comments on the proposed agreement must be received by EPA on or before October 31, 2002.
Pages:
61624-61625 (2 pages)
Docket Numbers:
FRL-7388-1
PDF File:
02-24913.pdf