Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Notices 2679

than other hazardous substances at a

site. Under the authority granted by

Section 122(g), EPA proposes to settle

with 42 potentially responsible parties

at the Lorentz Barrel and Drum

Superfund Site, each of whom is

responsible for no more than one

percent of the total hazardous

substances sent to the Site, as that total

is reflected on the July 29 waste-in list

developed by EPA.

De minimis settling parties will be

required to pay their allocated share of

all past response costs and the estimated

future response costs at the Lorentz

Barrel and Drum Site, including all

federal and state response costs, and a

premium to cover the risks of remedy

failure and cost overruns.

EPA may withdraw or withhold its

consent to this settlement if comments

received during the 30-day public

comment period disclose facts of

considerations which indicate the

proposed settlement is inappropriate,

improper, or inadequate.

DATES: Pursuant to section 122(i)(1) of

CERCLA and section 7003(d) of RCRA,

EPA will receive written comments

relating to this proposed settlement on

or before February 17, 1998. If EPA

receives a request for a public meeting

on or before February 17, 1998,

pursuant to section 7003(d) of RCRA,

EPA will hold a public meeting.

ADDRESSES: Comments and requests for

a public meeting should be addressed to

the Docket Clerk, U.S. EPA Region IX

(RC–1), 75 Hawthorne Street, San

Francisco, CA 94105 and should refer

to: Lorentz Barrel and Drum Superfund

Site, San Jose, CA, U.S. EPA Docket No.

97–10. A copy of the proposed

Administrative Order on Consent may

be obtained from the Regional Hearing

Clerk at the address provided above.

EPA’s response to any comments

received will be available for inspection

from the Regional Hearing Clerk; at the

Dr. Martin Luther King, Jr. Public

Library, Reference Desk, 180W. San

Carlos Street, San Jose, CA 95113; and

at San Jose State University, Clark

Library, Government Publications Desk,

One Washington Square, San Jose, CA

95192.

FOR FURTHER INFORMATION CONTACT:

Vicky Lang, Assistant Regional Counsel,

(415) 744–1331, U.S. Environmental

Protection Agency (RC–1), Regional IX,

75 Hawthorne Street, San Francisco, CA

94105.

SUPPLEMENTARY INFORMATION: The

proposed de minimis settlement

resolves EPA and DTSC’s claims under

section 107 of CERCLA and section

7003 of RCRA against the following

respondents: Almaden Vineyards Inc.,

American Home Foods, Apache

Enterprises, Apex Marble, Armour

Grocery Products Co., Beatrice Foods

Co., Borden Inc., Bruce Church Co., Cal

Stone, California Cheese Co., California

Roofing, Concrete Chemicals, FMC

Corp., Four Phase, Garratt-Callahan Co.,

Gibson Homans Co., Globe Union Inc.,

Hal Crumly Inc., Industrial Models, ITT,

L.M. Quartaroli, Libby Labs, Monsanto

Chemical Co., Olocco Agricultural Pest

Control, Pacific Coast Lacquer, Pacific

Coast Producers, Power &

Communication Systems, Precision

Technical Coatings, Protect-o-Top,

Racor Industries Inc., Safeway Stores

Inc., Savnik & Co. Inc., SCM Corp.

Glidden Div., Sears Roebuck & Co.,

Stokely Van Camp, Teledyne

McCormick Selph, Teralive Mfg., TriValley Growers Packing, U.S. Printing

Ink Corp., United Technologies Corp.,

Western Farm Service, and Witco

Chemical Co.

Dated: January 8, 1998.

Michael Hingerty,

Acting Director, Superfund Division.

[FR Doc. 98–1131 Filed 1–15–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5951–4]

Proposed CERCLA Administrative

Cost Recovery Settlement Pursuant to

the Comprehensive Environmental

Response, Compensation, and Liability

Act; Stickney Avenue Landfill, Toledo,

OH

AGENCY: Environmental Protection

Agency.

ACTION: Notice; request for public

comment.

SUMMARY: In accordance with section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act, as

amended (CERCLA), 42 U.S.C. 9622(I),

notification is hereby given of a

proposed administrative settlement by

consent, pursuant to CERCLA sections

106(a), 107 and 122(h), 42 U.S.C.

sections 9606(a), 9607 and 9622,

concerning the Stickney Avenue

Landfill and Tyler Street Landfill Sites

in Lucas County, Toledo, Ohio. The

settling parties are listed in section B of

this document.

The settlement requires that the

settling parties construct multi-layer

landfill cover systems over the Stickney

Avenue Landfill, the Tyler Street

Landfill, and the central portion of the

XXKem facility, as defined in the

Enforcement Action Memoranda for the

Stickney Avenue and Tyler Street

Landfills. The settlement includes

EPA’s covenant not to sue the settling

parties pursuant to section 106 and 107

of CERCLA, 42 U.S.C. sections 9606 and

9607, for the work which is to be

completed pursuant to the settlement,

and for the recovery of past response

costs and the payment of oversight

costs. The EPA’s authority to enter into

this administrative settlement

agreement was conditioned upon the

approval of the Attorney General of the

United States (or her delegatee); this

approval has been obtained.

For thirty (30) days following the date

of publication of this notice, the Agency

will receive written comments relating

to the settlement. The Agency 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 Agency’s response to any comments

received will be available for public

inspection at the 7th Floor Records

Center, (for address, see below).

DATES: Comments must be submitted on

or before February 17, 1998.

ADDRESSES: Comments should be

addressed to Sherry Estes, Office of

Regional Counsel, Mail Code C–14J,

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Blvd.,

Chicago, Illinois, 60604–3590, and

should reference the Stickney Avenue

Landfill and Tyler Street Landfill Sites,

Toledo, Ohio.

The proposed AOC embodying the

settlement agreement and additional

background information relating to the

settlement are available for public

inspection at the U.S. Environmental

Protection Agency, Region 5, Superfund

Division Record Center (address above),

or a copy of the proposed AOC may be

obtained from Sherry L. Estes.

FOR FURTHER INFORMATION CONTACT:

Sherry L. Estes, Office of Regional

Counsel, (address above) or call (312)

886–7164.

SUPPLEMENTARY INFORMATION:

A. Background

The Stickney Avenue Landfill and

Tyler Avenue Landfill are located in

Lucas County, Toledo, Ohio. The Sites

are 50-acre and 41-acre, respectively,

inactive municipal, commercial,

industrial and institutional landfills

located along the Ottawa River,

upstream from the point where the

Ottawa River discharges into the

Maumee Bay and Lake Erie. Fifty-eight

known dump sites, including Stickney
2680 Federal Register / Vol. 63, No. 11 / Friday, January 16, 1998 / Notices

and Tyler, along with combined sewer

overflows, agricultural pollution and

sediment desposition, have caused

severe pollution problems in the

Maumee Bay.

Separate Engineering Evaluations/

Cost Analyses (EE/CAs) were performed

for the Stickney Avenue and Tyler

Street Landfills, which studied the

nature and extent of the contamination

at the sites and evaluated the

presumptive remedy for municipal

landfills. Based upon the analyses

contained in the EE/CA, EPA issued

proposed plans for public comment

from October 16, 1995, through

December 15, 1995 and responded to

the substantive comments received

during this period. Enforcement Action

Memoranda (EAM), embodying the

EPA’s response action decision for the

two sites, were issued on January 22,

1996. The EAM call for the installation

of a multi-layer cover system in

compliance with the functional

requirements of the Ohio

Administrative Code, landfill gas

collection and passive venting to the

atmosphere, and institutional controls.

Immediately south of the Stickney

Avenue Landfill is the XXKem facility,

which formerly was occupied by

companies which performed waste

solvent and waste fuel oil blending

operations. This site is divided by a

fence line which separates the front

(east) portion from the central portion,

which contains a closed lagoon. The

EAM for the Stickney Avenue Landfill

also calls for the same multi-layer cover

system that will be installed at Stickney

to be installed over the closed lagoon

area. It should also be noted that further

EPA response action decisions are

anticipated for the central portion of the

XXKem facility.

B. Settling Parties

Proposed settling parties are: Allied

Signal Inc.; AP Parts International, Inc.;

Blade Communications, Inc.; BFI Waste

Systems of North America, Inc.,

successor to Browning-Ferris Industries

of Ohio and Michigan, Inc.; Centerior

Energy Corporation; Chevron U.S.A.,

Inc.; Chrysler Corporation; City of

Toledo, a municipal corporation;

Cooper Industries; Cytec Industries,

Inc.; Dana Corporation; E.I. du Pont de

Nemours and Company; Envirosafe

Services of Ohio, Inc. f/k/a Fondessey

Enterprises Inc.; Flower Hospital;

Gencorp, Inc.; Mercy Hospital of

Toledo, Ohio Inc.; Owens-Illinois, Inc.

and Libbey Glass Inc.; Riverside

Hospital; Northcoast Health Systems,

Inc.; St. Charles Hospital of Oregon,

Ohio; St. Luke’s Hospital; St. Vincent

Medical Center, Inc.; The Toledo

Hospital; Promedica Health Systems,

Inc.; City Auto Stamping Division of

Shellar-Globe Corporation, n/k/a United

Technologies Automotive Systems, Inc.;

and Waste Management of Ohio, Inc.

C. Description of Settlement

In exchange for the settling parties’

agreement to design, finance and

construct the multi-layer cover systems

at the Stickney Avenue and Tyler Street

Landfills and the central portion of the

XXKem facility, according to the EAM

for the Stickney and Tyler sites, EPA

covenants not to sue or issue

administrative orders to the settling

parties, pursuant to section 106 and 107

of CERCLA, as described above. The

EAM estimated that the cumulative

costs for the multi-layer cover systems

at Stickney, Tyler and the central

portion of the XXKem sites would total

approximately $26 million.

During the 1995 public comment

period on the proposed plans, several

commenters raised concerns that the

proposed plans did not call for the

installation of a leachate collection

system at the sites. However, in the

EAM, EPA found that the installation of

multi-layer cover systems should obtain

the rapid reduction in risk to human

health and to the Ottawa River which is

anticipated in the EE/CAs. The Scope of

Work which is incorporated into the

proposed AOC calls for the detailed

monitoring of the leachate and modeling

of the reduction in risk. If, contrary to

the expectations of the settling parties

and EPA, the anticipated reduction in

risk is not achieved, EPA retains the

authority to determine that additional

response actions are required. While the

settling parties would not be required to

perform these additional response

actions under the terms of the proposed

AOC, EPA has reserved its rights to

initiate additional enforcement actions

under sections 106(a) and 107 of

CERCLA.

EPA is not, pursuant to this

document, requesting further comment

on the response action determinations

embodied in the EAM. This Notice

requests comment on the fairness and

appropriateness of the proposed AOC,

including the AOC’s covenant not to sue

provisions. EPA’s unreimbursed past

costs total approximately $500,000;

oversight costs for the work would be

completed pursuant to the proposed

AOC are estimated at $200,000. Thus, in

exchange for compromising potential

claims for approximately $700,000

against the settling parties, EPA is

assuring that removal actions worth

over $26 million are accomplished at

the Stickney and Tyler sites, and the

central portion of the XXKem facility.

If, after the consideration of

comments during the public comment

period, EPA retains its prior consent to

the AOC and finalizes the settlement,

the Contribution Protection Section of

the AOC states EPA’s belief that the

settling parties are entitled to

contribution protection to the extent

provided by section 113(f) and

122(h)(4), 42 U.S.C. sections 9613(f)(2),

and 9622(h)(4). It should also be noted

that the contribution protection section

of the AOC expressly reserves

contribution claims as to the central

portion of the XXKem facility.

Therefore, the settling parties have

reserved any claims that they might

have as against each other for the central

portion of the XXKem facility, and

would also be subject to contribution

claims for the central portion of the

XXKem facility, to the extent that such

claims exist, from entities which are not

parties respondent to this proposed

AOC.

Dated: January 13, 1998.

William E. Muno,

Director, Superfund Division.

[FR Doc. 98–1247 Filed 1–15–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

Notice of Public Information

Collection(s) Being Reviewed by the

Federal Communications Commission

January 12, 1998.

SUMMARY: The Federal Communications

Commission, as part of its continuing

effort to reduce paperwork burden

invites the general public and other

Federal agencies to take this

opportunity to comment on the

following information collection(s), as

required by the Paperwork Reduction

Act of 1995, Public Law 104–13. An

agency may not conduct or sponsor a

collection of information unless it

displays a currently valid control

number. No person shall be subject to

any penalty for failing to comply with

a collection of information subject to the

Paperwork Reduction Act (PRA) that

does not display a valid control number.

Comments are requested concerning (a)

whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimate; (c) ways to enhance

the quality, utility, and clarity of the

information collected; and (d) ways to

minimize the burden of the collection of