[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Notices]
[Pages 4435-4436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2353]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5417-3]
Proposed Second Round De Minimis Settlement Under Section 122(g)
of the Comprehensive Environmental Response, Compensation and Liability
Act; In the Matter of Thermo-Chem, Inc.
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)(1) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given
of a second round de minimis settlement concerning past and estimated
future
[[Page 4436]]
response actions at the Thermo-Chem, Inc. Site in Muskegon, Michigan.
The Department of Justice approved the settlement as set forth in
122(g)(4) of CERCLA.
DATES: Comments must be provided on or before March 7, 1996.
ADDRESSES: Comments should be addressed to James Hahnenberg, Mail Code
MFA-10J, U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois, 60604, and should refer to: In the Matter
of Thermo-Chem, Inc., Docket No. V-W-96-C-319.
FOR FURTHER INFORMATION CONTACT: Ignacio L. Arrazola, Mail Code CS-29A,
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
SUPPLEMENTARY INFORMATION: The following parties executed binding
certifications of their consent to participate in the settlement: Aero
Oil Company, Inc.; American National Can Company; American Coils Spring
Co.; James River Paper Company, Inc. & James River Corporation of
Virginia; Bush Concrete; C.W. Marsh Company; Checker Motors
Corporation; Dale Schaap; Caddillac Plastic Group, Inc. f/k/a Day
International Corp.; EBW Inc.; Fort Wayne Pools; Georgia Pacific
Corporation; Grav-I-Flo; Howmet Corporation; Cooper Industries, Inc.;
Labeltape, Inc.; Label Technique, Inc. n/k/a LTI Printing, Inc.;
Champion International Corp.; Simpson Industries, Inc.; Port City
Paints, Inc.; Robert's Packaging Corporation; Sunstrand Corporation;
Wilson Sporting Goods Co.; The Leisure Group, Inc.; and Montgomery Ward
& Co. Incorporated;
These parties will pay approximately $2,000,000 in settlement
payments for response costs related to the Thermo-Chem, Inc. Site, 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 notice.
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
parties who are responsible for less than 1% of the total volume 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 $15.20 per gallon of
hazardous substances that the party contributed to the Site. The
settlement payment amount includes a premium of 135% against estimated
future response costs to account for potential cost overruns, the
potential for failure of the remedies selected to clean up the site,
other risks, and the failure of settlors to participate in an earlier
de minimis settlement.
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 Ignacio L. Arrazola, 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 this 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. 9601
et seq.
Sally Avervill,
Acting Director, Office of Superfund, Region 5.
[FR Doc. 96-2353 Filed 2-5-96; 8:45 am]
BILLING CODE 6560-50-P
