[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Pages 59591-59593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22362]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7824-4]


Proposed Fourth Administrative Cashout Settlement Under Section 
122(g) of the Comprehensive Environmental Response, Compensation, and 
Liability Act; in Re: Beede Waste Oil Superfund Site, Plaistow, NH

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed fourth administrative settlement and request 
for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended, 42 
U.S.C. 9622(i), notice is hereby given of a proposed fourth 
administrative settlement for recovery of past and projected future 
response costs concerning the Beede Waste Oil Superfund Site in 
Plaistow, New Hampshire with the settling parties listed in the 
Supplementary Information portion of this notice. The U.S. 
Environmental Protection Agency--Region I (``EPA'') is proposing to 
enter into a fourth de minimis settlement agreement to address claims 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq. 
Notice is being published to inform the public of the proposed fourth 
settlement and of the opportunity to comment. This fourth settlement, 
embodied in a CERCLA section 122(g) Administrative Order on Consent 
(``AOC''), is designed to resolve each settling party's liability at 
the Site for past work, past response costs and specified future work 
and response costs through covenants under sections 106 and 107 of 
CERCLA, 42 U.S.C. 9606 and 9607, as well as to resolve each such 
settling party's liability at the Site for past response costs and 
estimated future response costs by the State of New Hampshire, through 
its Department of Environmental Services. The proposed AOC requires the 
settling parties listed in the Supplementary Information section below 
to pay an aggregate total of approximately $10,736,723.91. For thirty 
(30) days following the date of publication of this notice, the EPA 
will receive written comments relating to the settlement. The EPA will 
consider all comments received and may modify or withdraw its consent 
to the settlement if comments received disclose facts or considerations 
which indicate that the settlement is inappropriate, improper, or 
inadequate. The EPA's response to any comments received will be 
available for public inspection at the EPA Records Center, 1 Congress 
Street, Boston, MA 02114-2023 (Telephone Number: 617-918-1440) and at 
the Plaistow Public Library, 85 Main Street, Plaistow, NH (Telephone 
Number: 603-382-6011).

DATES: Comments must be submitted on or before November 4, 2004.

ADDRESSES: The proposed fourth settlement is available for public 
inspection at the EPA Records Center, 1 Congress Street, Boston, MA 
02114-2023 and at the Plaistow Public Library, 85 Main Street, 
Plaistow, NH (Telephone Number: 603-382-6011). Please call 617-918-1440 
to schedule an appointment. A copy of the proposed fourth settlement 
may be obtained from Kristin Balzano, U.S. Environmental Protection 
Agency, Region I, 1 Congress Street, Suite 1100 (SES), Boston, MA 
02114-2023 (Telephone Number: 617-918-1772). Comments should reference 
the Beede Waste Oil Superfund Site in Plaistow, New Hampshire and EPA 
Docket No. CERCLA-01-2004-0012 and should be addressed to Kristin 
Balzano, U.S. Environmental Protection Agency, Region I, 1 Congress 
Street, Suite 1100 (SES), Boston, MA 02114-2023.

FOR FURTHER INFORMATION CONTACT: Cindy Lewis, U.S. Environmental 
Protection Agency, Region I, 1 Congress Street, Suite 1100 (SES), 
Boston, MA 02114-2023 (Telephone Number: 617-918-1889).

SUPPLEMENTARY INFORMATION: This section contains a list of the 
approximately 276 settling parties. Each party name is listed as it 
appears on the current EPA list of potentially responsible parties 
(PRPs) and many of the names are followed by a parenthetical which 
refers to the name of the party listed on the AOC signature page. The 
following is a list of the settling parties, including settling federal 
agencies, to the proposed fourth settlement: 67 Smith Place 
Corporation, A & C Tire Company, Inc., A & O Service Center, Inc., A. 
Neal Perley d/b/a Perley's Marina, Acton Tire Inc., Advisory Realty 
Corporation, Agri-Mark, Inc., Alcatel (Alcatel Vacuum Products), Alvin 
Hollis and Company, Inc., American Eagle Tours, Inc., American Medical 
Response of Massachusetts, Inc., Amesbury Coach Inc., Amesbury Group 
Inc., AMI Leasing (Trucklease Corporation d/b/a AMI Leasing), Antoine's 
Auto Repair, Inc., Aquacultural Research Corporation, Ashland Motors, 
Inc., Atamian Volkswagen Inc. d/b/a Atamian Honda, Atlantic Waste 
Systems North (Wood Recycling, Inc.), Auto Service & Tire, Inc., Auto 
West, Automotive Consultants, Inc., Ayotte Plumbing Heating and Air 
Conditioning, B & B Auto Clinic, Inc., Bailey Distributing Corporation 
(Yeliab Corporation, Successor), Ballard Motor Sales Inc. (Ballard Mack 
Sales & Service Inc.), Bancroft Tire Center (H. Glick & Son's, Inc.), 
Bennett Service Station, Inc., Bert Libon Inc., BMW Gallery, Bob Innis 
and Son, Inc., Bob's Auto Repair Inc. (Bob's Auto Repair LLC), Bob's 
Auto Service, Boott Mills Hydro (Boott Hydropower, Inc.), Boston Harbor 
Cruises, Inc. (Harbor Cruises, LLC d/b/a Boston Harbor Cruises), Boston 
Public Health Commission, Boston Sand & Gravel Company, Bourne Bridge 
Auto Sales Inc. d/b/a Hyannis Saab, Bridge Marina, Inc., Bridgestone/
Firestone North

[[Page 59592]]

American Tire, LLC, Brownie's Swan Street Garage, Browning-Ferris 
Industries (BFI Waste Services of Massachusetts, LLC), Burlington 
Dodge, Inc., Bursaw Oil Corporation, C W Equipment Company Inc., C. N. 
Wood Company, Inc., CDST Corporation d/b/a Quality Lube & Wash, 
Champy's Service Tire & Supply Inc., Chets Auto Repair, Chrysler 
Plymouth of Medford, Inc. (n/k/a Grava of Medford, Inc.), Chuckran Auto 
Parts Inc., Cinderella Carriage Company, Inc., City of Lawrence, 
Massachusetts, City of Lynn, Massachusetts, City of Methuen, 
Massachusetts, City of Newburyport, Massachusetts, City of Newton, 
Massachusetts, CJ 3A Service & Repair Inc. (d/b/a CJ Auto Repair), 
Clark & Reid Company, Inc., Coast Pontiac-Cadillac, Inc., Computron 
Metal Products, Inc., Connolly Buick Company, Inc. (500 Enterprises, 
Inc. d/b/a Herb Connolly Acura of Framingham), Consumer Auto Parts, 
Inc., Copeland's Automotive, Coppola Inc., Cote & Sons Automotive 
Center, Inc., Cox Fuel Company, Inc., Coyne International Enterprises 
Corporation (d/b/a Coyne Textile Services), Cyndan Inc. d/b/a Speedway 
Lube & Tube, D.N. Kelley & Son, Inc., Daley & Wanzer, Inc., Daniels 
LeSaffre Motors, Inc., Dave's Enterprises, Inc., Davidson Chevrolet 
Company, Inc. (d/b/a Davidson Chevrolet-Oldsmobile), DeLucca Fence 
Company, Inc., Denison Pharmaceuticals, Inc., Derry Cooperative School 
District, Dick Industrial Inc., Dobles Chevrolet (Dobles Chevrolet 
Buick, Inc.), Donald J. Michaud d/b/a Auto Care, Donna Lou Enterprises, 
Inc. (d/b/a Dobbins Auto Repair), Downeast Dispatch, Inc., Dreher-
Holloway, Inc., Drum Hill Ford Inc., Dunk's Automotive Service, Eagle-
Tribune Publishing Company, Eastern Lumber Company, Inc., Eastern 
Transmission Service, Edward T. Neal (d/b/a Neal's Automotive Repair), 
Edwards Buick (Edward Buick-GMC Truck, Inc.), Erickson Fuel Company, 
Inc., Ernest Service Center, Excel Auto Unlimited Inc., Federal Express 
Corporation (Flying Tiger Line, Inc.), Fitchburg Gas & Electric Light 
Company, Foreign Auto Doctor, Foreign Cars of Belmont Inc. d/b/a 
Belmont Volkswagen, Framingham Auto Sales Inc. (Framingham Ford d/b/a 
Framingham Auto Sales, Inc.), Fred's Auto Service, Friction Materials, 
Inc., Gallo Construction Company, Inc., Gary W. Blake, Inc., Gaston 
Andre Associates, Inc. (d/b/a Charles River Saab), General Cable 
Industries, Inc. (Carol Cable Company, Inc.), Genuity (GLT Liquidating 
Trust, successor to Genuity Inc., Genuity Solutions, Inc., & Genuity 
Telecom Inc. et al), George Luddy Chevrolet, Inc., George R. Cairns & 
Sons, Inc., Georgetown Service Station, Inc. d/b/a Georgetown Citgo, 
Global Petroleum Corporation, Greater Lawrence Regional Vocational 
Technical High School District, Greater Lowell Regional Vocational 
Technical School District, Grove Products, Inc., Gullwing Service 
Company, Inc. d/b/a Paul Russell & Company, Gurney's Service Station, 
Inc., H. Wright's Service, Inc., Hamilton-Wenham Regional School 
District, Harry's Auto Repair, Henry's Sunoco Inc., Holden Oil Inc., 
Honda Village, Inc., Hydramatic Sales & Service Corporation, Hyster New 
England Inc. (f/k/a Lewis & Boyle Company), Ideal Transportation 
Company, Inc., Interstate Electrical Services Corporation, Ipswich Ford 
Inc., Ipswich Shellfish Company, Inc., Irwin Motors Inc., J.G. 
MacLellan Concrete Company Inc., James W. Flett Company, Inc., Jannell 
Motors Inc., Jerry's Auto Service Inc., JF White Contractor, Jim's 
American, JLJ Enterprises, Inc., John C. Bell, Inc. d/b/a New Meadows 
Auto Repair, Joseph A. Noujaim d/b/a Byblos Mercedes Clinic, Kelley's 
Service Station, Kelly's Tire Mart Inc., Ken's Auto Repair Inc., Ken's 
Haus, Inc., Kriswood, Inc., L & R Services Inc., Lawrence Boys & Girls 
Club, Lawrence HydroElectric (Lawrence Hydroelectric Associates), Lily 
Transportation Corporation (f/k/a Lily Truck Leasing Corporation and 
LTL Inc.), Lindberg Heat Treating Company (n/k/a Bodycote Thermal 
Processing, Inc.), Longhorn Inc. of Lawrence, Louis Pasqualucci & Son, 
Inc., Lynn Screw Corporation, M H R Auto Body Inc. (d/b/a River Street 
Auto Body & Collision), Mabardy's Gulf Service, Maestranzi Bros Inc., 
Manchester Mack Sales Inc. (McDevitt Trucks, Inc.), Marshall E. Merrill 
Jr., Martel Automotive Service, Massachusetts Bay Transportation 
Authority, Massachusetts Department of Correction, Massachusetts 
Institute of Technology, McDevitt Machinery, Inc. (McDevitt Trucks, 
Inc.), McLaughlin Chevrolet Inc., Medway Auto Sales Inc., Menard & 
Holmberg, Inc., Merrimack Valley Tire Inc., Metcalf & Eddy Services 
Inc., Michael's Motor Sales Inc., Michaud's Garage, Midas International 
Corporation/Cape Auto Systems (Cosmic Enterprises, Inc.; Cape Auto 
Systems, Inc.), Midway Garage Inc. d/b/a Midway Auto Imports Inc., 
Mihold, Inc. d/b/a Raynham Midas Muffler and Brake Shop, Mirra Company 
Inc., MKK Enterprises Inc. d/b/a Mike's Quicklube & Quality Car Care, 
Montachusett Regional Transit Authority, Moody St. Mobil, Inc., Mutual 
Oil Company, Inc., Nashua Industrial Machine (Ultima Nashua Industrial 
Machine Corporation), New England Frozen Foods, Inc., (f/k/a Hendrie's 
Frozen Foods, Inc.), New England Tank Company, New Hampshire Department 
of Environmental Services, North Andover Texaco Inc., Norwood 
Automobile Company d/b/a Cadillac of Norwood, Nuri Asmar d/b/a Chandler 
Value, O.F. Welker, Inc. d/b/a Welker's 16 Acres Mobil, Oakland Avenue 
Garage, Old Colony Motors Inc., Olson's Greenhouses Inc., Owens-
Illinois Inc., Palmer Automotive (Palmer's Automotive Service), Park 
Avenue Citgo, Parkway Texaco (Parkway Automotive), Pearl Street Motors, 
Inc., Perkins School for the Blind, Peters Auto Sales Inc., Petroleum 
Heat & Power Company, Inc., Pica's Automotive Services, Inc., Plymouth 
County Sheriffs Department, Porter Chevrolet Inc., Portside Marine 
Service Inc., Praxair, Inc., Precision Auto Repair, Inc., Precision 
Wire Shapes, Public Service of New Hampshire, Quality Controls Inc., R 
Zambino & Sons Inc. (Rocco Zambino & Sons, Inc.), R.L. Buzzell, Inc., 
Raymers Express, Inc., Reimel's Automotive Specialist, Rockingham 
Toyota Dodge Nissan, Inc., Rods Auto Care, Rolling Green Service 
Center, Inc., Romie's Auto Repair, Inc., Route 114 Mobil Inc. (Rte 114 
Mobil), S J McNeilly Oldsmobile Inc., Saint-Gobain Corporation (Bird, 
Inc. predecessor of Saint-Gobain Corporation), Salter Transportation, 
Inc., Sam's Service Inc., Sanders & Lockheed Martin Company (BAE 
SYSTEMS Information and Electronic Systems Integration Inc.), Scooby's 
Truck Sales, Seabrook Tire & Auto Inc., SEMASS Partnership LP, Sentry 
Lincoln Mercury Sales, Inc., Sloban Auto Body Inc., Southworth-Milton, 
Inc., Stoneham Motor Company, Inc., Streeter Plumbing & Heating Inc., 
Stutz Motor Car Company Inc., Subaru of Milford, Inc., Subaru of 
Wakefield, Inc., Sunnyside Motor Company Inc., Sunoco, Inc. (R & M), 
Suns Total Systems, Inc., Supervalu Holdings, Inc. (Supervalu Inc. and 
its wholly owned subsidiary Supervalu Holdings, Inc.), Talarico 
Chevrolet-Geo-Pontiac, Inc., Terzakis Brothers, Inc., The Bracken 
Company, Inc., The Federal Corporation, The Goodyear Tire and Rubber 
Company, The Lane Construction Corporation, The Middlesex Corporation 
and Middlesex Paving Corporation, Thompson Oil Company Inc., Three-C 
Electrical Company Inc., Tichon Lincoln Mercury Corporation, Tom's Auto 
Service, Inc., Toupin Rigging Company, Inc., Town of Amesbury, 
Massachusetts, Town of

[[Page 59593]]

Barnstable, Massachusetts, Town of Carlisle, Massachusetts, Town of 
Chelmsford, Massachusetts, Town of Danvers, Massachusetts, Town of 
Dennis, Massachusetts, Town of East Bridgewater, Massachusetts, Town of 
Harvard, Massachusetts, Town of Hingham, Massachusetts, Town of 
Lynnfield, Massachusetts, Town of Needham, Massachusetts, Town of 
Norfolk, Massachusetts, Town of North Andover, Massachusetts, Town of 
Pepperell, Massachusetts, Town of Wellesley, Massachusetts, Transgas 
Inc., Tremont Nail Company, Trombly Brothers Inc., Trustees of Boston 
College, Unisorb, Inc., United States Army Corps of Engineers, United 
States Coast Guard, United States General Services Administration--New 
England Region, Valley Design Corporation, Vendetti Motors Inc., Weber 
Auto and Truck Parts, Inc., Wentworth Motor Company, Inc., Wesson's 
Mobil, West Lynn Creamery, Inc. (Dean Northeast, LLC, successor by 
merger to West Lynn Creamery, Inc.), Weymouth Motor Sales Inc., White 
Equipment Leasing Corporation, Whittier Regional Vocational Technical 
High School, and William Phillips Automotive (Phillips Automotive).
    In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et 
seq., notice is hereby given of a proposed fourth de minimis settlement 
agreement under section 122(g) of CERCLA concerning the Beede Waste Oil 
Superfund Site in Plaistow, NH. The fourth settlement was approved by 
EPA Region I, subject to review by the public pursuant to this Notice.
    The proposed fourth settlement has been approved by the United 
States Department of Justice and, for the State portion of the 
settlement, by the State of New Hampshire. EPA will receive written 
comments relating to this settlement for thirty (30) days from the date 
of publication of this Notice.

    Dated: September 27, 2004.
Susan Studlien,
Director, Office of Site Remediation and Restoration, EPA--Region I.
[FR Doc. 04-22362 Filed 10-4-04; 8:45 am]
BILLING CODE 6560-50-P