[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Page 7168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2362]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5956-7]
Proposed Agreement and Covenant Not To Sue for the Allied Paper/
Portage Creek/Kalamazoo River Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposal of agreement and covenant not to sue for the Allied
Paper/Portage Creek/Kalamazoo River superfund site.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq., as
amended by the Superfund Amendments and Reauthorization Act of 1986,
Pub. L. 99-499 (``CERCLA''), and section 7003(d) of the Resources
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973(d),
notification is hereby given that a proposed Agreement and Covenant Not
to Sue (``Agreement'') for a portion of the Allied Paper/Portage Creek/
Kalamazoo River Superfund Site (``the Site''), located in Kalamazoo and
Allegan Counties, Michigan, has been executed by Building Materials
Corporation of America (``BMCA'') and GAF Kalamazoo Acquisition Corp.
(``GAF Kalamazoo''). The proposed Agreement has been submitted to the
Attorney General for approval.
The Michigan Department of Environmental Quality, in consultation
with EPA, is currently overseeing response activities at the Site.
Response activities are being conducted by four of the potentially
responsible parties under the terms of an Administrative Order by
Consent negotiated with the State of Michigan. The Site is on the NPL,
and response activities are expected to continue for several years. The
Kalamazoo, Michigan area has been designated a national Brownfields
Pilot community.
BMCA and GAG Kalamazoo intend to lease and redevelop a small
portion of the Site in connection with the manufacturing of roofing
materials. The proposed Agreement would resolve certain potential
claims of the United States and the State of Michigan under Sections
106 and 107(a) of CERCLA, 42 U.S.C. sections 9606 and 9607(a), and
section 7003 of RCRA, 42 U.S.C. 6973 against BMCA and GAF Kalamazoo.
The United States and the State of Michigan would also release
potential claims for natural resource damages. Under the terms of the
proposed agreement, BMCA and GAF Kalmazoo would conduct soil and
groundwater investigations at the leased property, and would implement
response activities thereafter, as approved by MDEQ, in consultation
with EPA.
DATES: Comments on the proposed Agreement must be received on or before
March 16, 1998.
ADDRESSES: A copy of the proposed Agreement is available for review at
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Please contact Eileen L. Furey at (312) 353-6124, prior to visiting the
Region 5 office.
Comments on the proposed Agreement should be addressed to Eileen L.
Furey, Associate Regional Counsel, U.S. EPA, Region 5, 77 West Jackson
Boulevard (Mail Code C-14J), Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT:
Eileen L. Furey, Associate Regional Counsel, at the address and phone
number specified above.
A 30-day period, commencing on the date of publication of this
document is open for comments on the proposed Agreement. Comments
should be sent to the addressee identified in this document.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 98-2362 Filed 2-11-98; 8:45 am]
BILLING CODE 6560-50-M
