[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Notices]
[Pages 1929-1930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1050]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5401-9]


Proposed CERCLA Section 122(h)(1) Administrative Cost Recovery 
Settlement for the Ninth Avenue Dump Site

AGENCY: Environmental Protection Agency (``U.S. EPA'').

ACTION: Proposal of CERCLA Section 122(h)(1) administrative cost 
recovery settlement for the Ninth Avenue Dump Site.

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SUMMARY: U.S. EPA proposes to address the potential liability of the 
following companies (hereinafter referred to as the ``Settling 
Parties'') under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9601 et 
seq., as amended by the Superfund Amendments and Reauthorization Act of 
1986 (``SARA''), Public Law 99-499, for past and future costs incurred 
at the Ninth Avenue Dump Site (``the Site'') located in Gary, Indiana: 
American National Can Company; Ashland Chemical Company, a division of 
Ashland, Inc.; Cargill, Incorporated; Chamberlain Manufacturing 
Corporation; Crown Cork & Seal Co., Inc., and Continental Can Co.; 
Flint Ink Corporation; General Electric Company; J.M. Huber 
Corporation; Mobil Oil Corporation; Monsanto Company; Navistar 
International Transportation Corp.; PPG Industries, Inc.; Premier 
Coatings, Inc.; Regal Tube Company, currently doing business as 
Copperweld Chicago Division of Copperweld Tubing Products Company; RHI 
Holdings, Inc., as successor to Rexnord, Inc.; Rust-Oleum Corporation; 
The Sherwin-Williams Company; Valhi, Inc. (Chicago Steel and Wire 
Division; and The Valspar Corporation/Elliot Paint. The U.S. EPA 
proposes to address the potential liability of the Settling Parties by 
execution of a CERCLA Section 122(h)(1) Administrative Cost Recovery 
Settlement (``AOC'') prepared pursuant to 42 U.S.C. 9622(h)(1). The key 
terms and conditions of the AOC may be briefly summarized as follows: 
(1) The 

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U.S. EPA would be reimbursed for all of its outstanding past costs of 
$2,545,773.63 incurred at the Ninth Avenue Dump Site; (2) the Settling 
Parties agree to reimburse the U.S. EPA for all of its future response 
costs incurred at the Site; (3) the Settling Parties agree not to 
assert any claims or causes of action against the United States with 
respect to any matters concerning the Site; and (4) the U.S. EPA 
affords the Settling Parties a covenant not to sue for past and future 
response costs and contribution protection as provided by CERCLA 
Sections 113(f)(2) and 122(h)(4) upon satisfactory completion of their 
obligations under the Settlement. However, U.S. EPA is free to pursue 
any other necessary and appropriate judicial and administrative relief 
against the Settling Parties and any necessary and appropriate judicial 
and administrative relief against any other party. The Site is on the 
National Priorities List (``NPL''), and remedial response activities at 
the Site are continuing. The Attorney General has approved the 
Settlement.

DATES: Comments on the proposed AOC must be received by U.S. EPA on or 
before February 23, 1996.

ADDRESSES: A copy of the proposed AOC is available for review at U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please contact Mike Berman at (312) 886-6837 or Mike Anastasio at (312) 
886-7951, prior to visiting the Region 5 office.
    Comments on the proposed AOC should be addressed to Mike Berman/
Mike Anastasio, Office of Regional Counsel, U.S. EPA, Region 5, 77 West 
Jackson Boulevard (Mail Code CS-29A), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mike Berman at (312) 886-6837 or Mike 
Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of 
Regional Counsel.
    A 30-day period, commencing on the date of publication of this 
notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C. 
9622(i), for comments on the proposed AOC. Comments should be sent to 
the addressee identified in this notice.
Valdas V. Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
[FR Doc. 95-1050 Filed 1-23-96; 8:45 am]
BILLING CODE 6560-50-M