[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Notices]
[Page 14572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7873]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5450-4]
Proposed Administrative Agreement on Consent; XXKEM Company
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed settlement.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to settle a claim under Section 107 of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. 9607, for past response costs incurred during
removal activities at the XXKEM Company site in Toledo, Lucas County,
Ohio (XXKEM Site). EPA has incurred $1,361,840 in response costs at the
XXKEM Site. Settling parties participating thus far have agreed to
reimburse the EPA in the amount of $762,585. Additional settling
parties may join the settlement under the same terms, in which case the
amount reimbursed would be higher. EPA today is proposing to approve
this settlement because it reimburses EPA, in part, for costs incurred
during EPA's removal action at this site.
On February 6, 1996, EPA sent a settlement agreement to
approximately 893 potentially responsible parties (PRPs), providing an
opportunity to settle for past response costs incurred during removal
activities at the XXKEM Site. Subsequently, EPA received comments
regarding various provisions of the settlement agreement.
In response to those comments, EPA changed the settlement agreement
in three limited respects. First, as originally drafted, the covenant
not to sue by EPA did not become effective for any settlor until all
settlors paid the amount due pursuant to the settlement agreement. In
addition, if any settlor did not pay on time, all settlors faced the
possibility of paying interest, stipulated penalties or attorney's fees
for other settlors' failure to pay. These provisions have been changed
so that the consequences of any settlor's failure to pay or make late
payments are reserved only for that specific settlor.
Second, the group of settlors includes one federal agency, the
United States Postal Service. For a variety of reasons, including the
fact that the Anti-Deficiency Act, 31 U.S.C. 1341 et seq., restricts a
federal agency's ability to commit funds absent a Congressional
appropriation, the settlement agreement addresses this federal agency
separately. The payment provisions that apply to this settling federal
agency have absolutely no effect on the terms of the settlement for any
other party.
Third, EPA offered to consider ability to pay claims. EPA will be
adding a certification to the signature page of parties for whom EPA
agrees to reduce the amount of money owed. Such parties must certify
that: (1) The financial information provided to EPA is complete and
accurate, and that if this is not the case, the settlement as to that
settlor is null and void; and (2) the settlor has not received
insurance proceeds and if any insurance coverage becomes available, the
settlor agrees to pay any proceeds recovered to the EPA.
EPA believes that the revised settlement is responsive to the
comments received to date, and, from the standpoint of the prospective
settlors, a more advantageous way to settle this matter.
DATES: Comments on this proposed settlement must be received on or
before May 2, 1996.
ADDRESSES: Copies of the proposed settlement agreement are available at
the following address for review (It is recommended that you telephone
Ms. Gloria Kilgore at (312) 886-0813 before visiting the Region 5
Office): U.S. Environmental Protection Agency, Region 5, Office of
Superfund, Removal and Enforcement Response Branch, 77 West Jackson
Blvd., Chicago, Illinois 60604.
Comments should be sent to Ms. Gloria Kilgore at the Office of
Regional Counsel (C-29A), United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590.
Arlene R. Haas,
Assistant Regional Counsel, United States Environmental Protection
Agency.
[FR Doc. 96-7873 Filed 4-1-96; 8:45 am]
BILLING CODE 6560-50-P
