[Federal Register Volume 60, Number 86 (Thursday, May 4, 1995)]
[Notices]
[Pages 22064-22065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11036]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5202-7]
Proposed Administrative Settlement Pursuant to Section 122(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act, as Amended by the Superfund Amendments and Reauthorization Act
AGENCY: U.S. Environmental Protection Agency.
ACTION: Request for Public Comment.
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SUMMARY: The United States Environmental Protection Agency (``U.S.
EPA'') is proposing to enter into an administrative settlement
agreement under Section 122(h)(1) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601
et seq., as amended by the Superfund Amendments and Reauthorization Act
of 1986, Pub. L. No. 99-499, 100 Stat. 1613 (1986) (``CERCLA''). The
proposed agreement provides for: (1) Recoupment by U.S. EPA of $30,000
in past costs; (2) resolution of the proposed settling party's
liability for past costs; and (3) contribution protection.
DATES: Comments should be provided on or before June 5, 1995.
ADDRESSES: Comments should be addressed to the Docket Clerk, U.S.
Environmental Protection Agency, Region V, 77 West Jackson Boulevard,
Chicago, IL 60604, and should refer to: Performance One, Inc, Site,
Loves Park, IL.
FOR FURTHER INFORMATION CONTACT: Eileen L. Furey, U.S. Environmental
Protection Agency, Region V, 77 West Jackson Boulevard (C-29A),
Chicago, IL 60604, (312) 353-6124.
NOTICE OF SETTLEMENT: In accordance with Section 122(i)(1) of CERCLA,
notice is hereby given of a proposed administrative settlement
agreement [[Page 22065]] concerning the Performance One, Inc. Site,
which is located in Loves Park, Illinois.
In response to the release or threat of release of hazardous
substances, U.S. EPA undertook a removal action at the Performance One
Site pursuant to Section 104 of CERCLA. The removal action was
completed on February 16, 1994. The former owner and operator of the
Site defaulted on loans secured by the property, which had been
guaranteed by the U.S. Small Business Administration (``SBA''). After
conducting several environmental audits, the SBA was able to secure
Donald D. Elmore (the proposed ``Settling Party'') as a potential
purchaser. The purchase/sale transaction occurred on December 20, 1994.
Under the terms of the proposed agreement, the Agency will receive
$30,000 from the Settling Party in exchange for a release from any
liability for the payment of past costs, as defined in the proposed
agreement, associated with the removal action. The Settling Party will
receive the contribution protection afforded by Sections 113(f)(2) and
122(h)(4) of CERCLA, 42 U.S.C. Secs. 9613(f)(2) and 9622(h)(4) for past
response costs.
Nothing in the proposed agreement compromises U.S. EPA's potential
claims against any person not a party to the agreement.
U.S. EPA will receive written comments relating to this agreement
for 30 days from the date of publication of this notice.
A copy of the proposed administrative settlement agreement may be
obtained in person or by mail from U.S. EPA's Region V Office of
Regional Counsel, 77 West Jackson Boulevard (C-29A), Chicago, IL 60604.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601-9675, as
amended by the Superfund Amendments and Reauthorization Act of 1986,
Pub. L. No. 99-499, 100 Stat. 1613 (1986).
Dated: April 14, 1995.
Richard C. Karl,
Acting Associate Division Director, Office of Superfund.
[FR Doc. 95-11036 Filed 5-3-95; 8:45 am]
BILLING CODE 6560-50-M
