97-26319. Proposed Settlement Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended, 42 U.S.C. 9622(h)(1)

[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Pages 51857-51858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26319]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5902-5]


Proposed Settlement Under Section 122(h)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
Amended, 42 U.S.C. 9622(h)(1)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed administrative settlement and opportunity 
for comment.

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SUMMARY: The EPA is proposing to enter into an administrative 
settlement to resolve claims under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended (CERCLA). 
Notice is being published to inform the public of the proposed 
settlement and of the opportunity to comment. The settlement is 
intended to recover all past response costs incurred by EPA at the 
Spruce Street Site in Anchorage, Alaska.

DATES: Comments must be provided on or before November 3, 1997.

ADDRESSES: Comments should be addressed to Docket Clerk, U.S. 
Environmental Protection Agency, Region 10, ORC-158, 1200 Sixth Avenue, 
Seattle, Washington, 98101, and should refer to the Spruce Street Site, 
Anchorage, Alaska, U.S. EPA Docket No. 10-96-0090-CERCLA.

FOR FURTHER INFORMATION CONTACT: Edward J. Kowalski, U.S. Environmental 
Protection Agency, Office of Regional Counsel, ORC-158, 1200 Sixth 
Avenue, Seattle, Washington, 98101, [phone]; Gina Belt, U.S. 
Department of Justice, Environmental & Natural Resources Division, 801 
B Street, #504, Anchorage, Alaska, 99501-3657, [phone].

SUPPLEMENTARY INFORMATION: In accordance with section 122(i)(1) of 
CERCLA, 42 U.S.C. 9622(i)(1), notice is hereby given of a proposed 
administrative settlement, Agreement for Payment of Response Costs 
(Agreement), concerning the Spruce Street Site (Site) located in 
Anchorage, Alaska. Pursuant to section 104 of CERCLA, 42 U.S.C. 9604, 
EPA undertook response actions at the Site, which was an inactive 
salvage yard of about two acres. The Agreement resolves EPA's claims 
regarding liability under section 107(a) of CERCLA, 42 U.S.C. 9607(a), 
for response costs incurred by EPA in connection with the Site. Subject 
to review by the public pursuant to this Notice, the Agreement has been 
approved by the United States Department of Justice. The following are 
the parties who have executed the proposed Agreement: the Municipality 
of Anchorage, The State of Alaska, the Defense Logistics Agency, the 
Federal Aviation Administration; the United States Air Force, and the 
United States Army. EPA is entering into this Agreement under the 
authority of section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1).
    EPA initiated a time critical removal action at the Site in October 
1991 to stabilize the wastes located on-site. Hazardous wastes on-site 
included paints, electrical equipment containing PCBs, soils 
contaminated with heavy metals, soils contaminated with PCBs, 
chemicals, acids, and caustics. Due to inclement weather, removal 
activities by EPA were suspended and resumed in June 1992, when EPA 
sorted on-site debris and prepared hazardous materials for removal. In 
January 1993, hazardous materials including paints, electrical 
equipment containing PCBs, some contaminated soils and oils were 
transported off-site. Two nearby residences were supplied with bottled 
water because of elevated levels of arsenic in their wells. These two 
residences have since been hooked up to the city water supply. To 
restrict access to the Site, the Alaska Department of Environmental 
Conservation erected a fence around the Site and posted hazardous 
substance warning signs. In performing these response actions, EPA and 
the State of Alaska incurred response costs at the Site. The Agreement 
requires, inter alia, that the Municipality of Anchorage

[[Page 51858]]

reimburse EPA's response costs in the amount of $302,276.63 plus 
interest from October 6, 1994, through December 31, 1996. The federal 
agencies are required under the Agreement to reimburse EPA's response 
costs in the amount of $2,022,928.23 plus interest from October 6, 
1994, through December 31, 1996. Under the Agreement, EPA will be 
reimbursed for all of its past response costs at the Site. The 
Agreement provides to the Municipality of Anchorage and the federal 
agencies the contribution protection afforded by sections 113(f)(2) and 
122(h)(4) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(h)(4). The Agreement 
contains a reopener section that permits the United States, in certain 
situations, to institute additional proceedings to require that these 
defendants perform further response actions or to reimburse the United 
States for additional costs of response.
    EPA will receive written comments relating to this proposed 
Agreement for a period of thirty (30) days from the date of this 
publication.
    The proposed Agreement may be obtained in person or by mail from 
EPA's Region 10 Office of Regional Counsel, ORC-158, 1200 Sixth Avenue, 
Seattle, Washington, 98101; the U. S. Department of Justice, 
Environmental & Natural Resources Division, 801 B Street, #504, 
Anchorage, Alaska, 99501-3657. The Administrative Record for the Spruce 
Street Site may be examined at EPA's Region 10, Hazardous Waste 
Division Records Center, 1200 Sixth Avenue, Washington, 98101, and at 
the Alaska Resources Library, U.S. Bureau of Land Management, 222 West 
Seventh, #36, Anchorage, Alaska.
Philip Millam,
Acting Regional Administrator.
[FR Doc. 97-26319 Filed 10-2-97; 8:45 am]
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