[Federal Register Volume 59, Number 190 (Monday, October 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24413]
[[Page Unknown]]
[Federal Register: October 3, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5084-3]
Proposed De Minimis Settlement Under Section 122(g) of the
Comprehensive Environmental Response, Compensation and Liability Act;
in the Matter of American Chemical Services
AGENCY: U.S. Environmental Protection Agency.
ACTION: Request for public comment.
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SUMMARY: Notice of De Minimis Settlement: in accordance with Section
122(i) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given
of a de minimis settlement concerning past and estimated future
response actions at the American Chemical Services (ACS) Site in
Griffith, Indiana. U.S. EPA Region 5 has submitted the proposed
agreement to the U.S. Department of Justice for review concurrent with
this request for public comment. This settlement will not be finalized
until the approval process set forth in Section 122(g)(4) of CERCLA has
been completed.
DATES: Comments must be provided on or before November 2, 1994.
ADDRESSES: Comments should be addressed to the Docket Clerk, Mail Code
MFA-10J, U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604, and should refer to: In the Matter
of American Chemical Services.
FOR FURTHER INFORMATION CONTACT:
Steven Siegel, Mail Code CS-29A, U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago, Illinois 60604.
SUPPLEMENTARY INFORMATION: 959 Respondents and the State of Indiana
executed binding certifications of their consent to participate in the
settlement. The settlement may be amended to add additional parties.
The Respondents will pay approximately $23,649,894.84 in settlement
payments for response costs related to the American Chemical Services
Site, including past response costs incurred by the State of Indiana,
if the United States Environmental Protection Agency determines that it
will not withdraw or withhold its consent to the proposed settlement
after consideration of comments submitted pursuant to this office.
U.S. EPA may enter into this settlement under the authority of
Section 122(g) of CERCLA. Section 122(g) authorizes de minimis
settlements with potentially responsible parties (``PRPs'') that
contributed hazardous substances to a site where those contributions
were small and where the toxicity of the substances contributed is not
significantly different from the other substances brought to the site.
Pursuant to this authority, the agreement proposes to settle with
generator parties whose individual volume of hazardous substances sent
to site does not exceed .08% of the total amount of hazardous
substances sent to the site. Settling de minimis PRPs will be required
to pay their fair share of the past and estimated future response costs
at the site based on a payment of $3.76 per pound of hazardous
substances that the party contributed to the Site. Certain reduction
factors were applied in determining the pounds sent by each company
based upon the operations of the ACS facility at different time
periods. Some participants in the settlement also have presented
ability to pay issues and have settled on that basis. The estimated
future response costs account for potential cost overruns, the
potential for failure of the remedies selected to clean up the site,
and other risks.
A copy of the proposed administrative order on consent and
additional background information relating to the settlement, including
a list of parties to the settlement, are available for review and may
be obtained in person or by mail from Steven Siegel, Mail Code CS-29A,
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
The U.S. Environmental Protection Agency will receive written
comments relating to the settlement for thirty days from the date of
publication of this notice.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C.
Sections 9601 et seq.
Identification of Documents: Proposed De Minimis Settlement:
American Chemical Services Site.
William E. Muno,
Director, Waste Management Division.
[FR Doc. 94-24413 Filed 9-30-94; 8:45 am]
BILLING CODE 6560-50-M
