[Federal Register Volume 66, Number 91 (Thursday, May 10, 2001)]
[Notices]
[Pages 23924-23925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11831]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6976-3]


Proposed Agreement Pursuant to Sections 122(g) and (h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
for the Marina Cliffs/Northwestern Barrel Superfund Site

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

ACTION: Notice; request for public comment on proposed de minimis 
settlement.

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SUMMARY: In accordance with section 122(i)(1) of the Comprehensive 
Environmental Response, Compensation and liability Act of 1984, as 
amended (``CERCLA''), notification is hereby given of a proposed 
administrative agreement concerning the Marina Cliffs/Northwestern 
Barrel hazardous waste site located between 5th Avenue and Lake 
Michigan in South Milwaukee, Wisconsin (the ``Site''). EPA proposes to 
enter into this agreement under the authority of sections 122(g) and 
(h) and 107 of CERCLA. The proposed agreement has been executed by the 
following de minimis parties: AF Gallun & Sons, LLC; Albert Trostel & 
Sons Company; Aldrich Chemical Co. Inc.; Allen-Bradley Co. LLC; Ampco 
Metals, Inc.; A.O. Smith Corporation; Appleton Papers Inc., a.k.a. 
Appleton Papers, Inc., NCR Corporation, Appleton Papers, Inc. division 
of National Cash Register Company, Appleton Coated Paper Co.; Appleton 
Coated Paper Company; Appleton Papers Division of NCR Corporation, The 
National Cash Register Company, NCR Delaware, Inc., Combined Paper 
Company, Combined Locks Paper Company, Combined Paper Mills, Inc.; AR 
Accessories Liquidating Trust as successor to Amity Leather, Ato 
Findley, Inc.; Atofina Chemicals Inc. (Elf Atochem North America, Inc.) 
on behalf of Beazer East, Inc., on behalf of its former subsidiary 
Thiem Corporation; Blackhawk Leather, Ltd. and its successor, Blackhawk 
Leather LLC; Briggs & Stratton Corporation; Bucyrus International, Inc. 
(f/k/a Bucyrus-Erie Company); Carbolineum Wood Preserving Co.; Case 
Corporation; Caterpillar Inc.; City of Green Bay,

[[Page 23925]]

Wisconsin; City of Manitowoc, Wisconsin; City of Milwaukee, Wisconsin; 
City of Sheboygan, Wisconsin; City of West Allis, Wisconsin; City of 
West Bend, Wisconsin; CMC Heartland Partners; Colonial Heights 
Packaging Inc. f/k/a Milprint, Inc.; Cooper Industries, Inc.; Crucible 
Materials Corporation by and through its Trent Tube Division; Cudahy 
Tanning Co.; Deere & Company; Dresser Industries, Inc. (Waukesha 
Engine); E.I. du Pont de Nemours and Company; Eaton Corporation f/k/a 
Cutler-Hammer, Inc.); Eggers Industries; Essential Industries Inc.; FMC 
Corporation on behalf of Bolens Corporation and Bolens Products 
Divisions; Hamilton Sundstrand Corporation and The Falk Corporation; 
Fort James Corporation, successor to Fort Howard Corporation; Georgia 
Gulf Corporation, on behalf of itself, Cook Composites & Polymers, and 
the former Freemen Chemical Co.; Golden Books Publishing Company, Inc. 
(formerly known as Western Publishing Company, Inc.); Grede Foundries, 
Inc.; Harley-Daivdson Motor Company; Harnischfeger Corporation; The 
Heil Co.; Hein-Werner; Henkel Corporation, as successor to Kepec 
Chemical; Hentzen/Wisconsin Paint; Hercules Incorporated; Heresite 
Protective Coatings, Inc.; Honeywell International Inc.; Hydrite 
Chemical Co.; Hydrite Chemical Co. for Benlo Chemical/Hydrite share; 
Ingersoll-Rand Co. for Clark Equipment Co.; International Paper Co. 
(and Champion International, a wholly owned subsidiary of International 
Paper); Invincible Metal Furniture Co.; Johnson Controls Battery Group, 
Inc. as successor to and on behalf of Johnson Controls, Inc.; Kearney & 
Trecker; Kickhaefer Manufacturing Company; Kimberly-Clark Corporation 
and Scott Paper Company; Ladish Co., Inc.; Law Tanning Co. LLC; Litton 
Industries, Inc., on behalf of itself and the Louis Allis company and 
MagneTek, Inc.; Maysteel Corporation (and its successor, Maysteel LLC); 
Midwest Tanning Co.; Miller Brewing Company; Milport Chemical Company; 
Milwaukee County; MRC Holding, Inc. (Northern Paper, Marathon Corp.); 
Navistar International Transportation Corporation; Nekoosa Papers Inc. 
and Georgia-Pacific Corporation; The Nelson Paint Co. of MI, Inc.; 
Niles Chemical Paint Company, Inc.; Nordberg Inc.; Pabst Brewing Co.; 
Pharmacia & Upjohn Company (formerly The Upjohn Company); The Procter & 
Gamble Paper Products Company; Rapco Leather, Inc.; Reichhold 
Chemicals, Inc./J.G. Milligan & Company; Research Products Corporation; 
RHS Holdings, Inc. as successor to Rexnord, Inc./Chainbelt; RHL Inc. 
fka Lindsay Finishes, Inc. (Lindsay Paint); Roper Corp.; SBC Holdings, 
Inc. (f/k/a the Stroh Brewery Company); Seidel Tanning Corp.; The 
Sherwin-Williams Company; Square D Company; Soo Line Railroad Company; 
Stolper Industries (Stolper Steel); Stora Enso North America Corp., 
successor by merger to Consolidated Papers, Inc.; Textron Inc.; Thiele 
Tanning Company; Union Pacific Railroad Company as successor to Chicago 
& North Western; Viad Corp (for Armour and Co.); The Vollrath Co., 
L.L.C.; Wenthe-Davidson Engineering Co.; West Bend Company; W.H. Brady 
Corporation; Wisconsin Electric Power Company; and the U.S. Department 
of the Army.
    Under the proposed agreement, certain of the de minimis Settling 
Parties will pay a total of approximately $468,227.30 which will be 
placed into an escrow account to be used for response costs incurred 
and to be incurred at the Site. Other de minimis Settling Parties have 
already paid approximately $5.2 million toward cleanup costs at the 
Site and will be provided with de minimis protections without making 
further payments. A group of six non-de minimis settlors under this 
agreement will perform the remaining removal actions to be conducted at 
the Site, and pay EPA's costs of overseeing these removal actions. EPA 
incurred response costs overseeing response activities conducted to 
mitigate an imminent and substantial endangerment to human health or 
the environment present or threatened by hazardous substances present 
at the Site. The Settling Parties have spent more than $9.7 million to 
perform cleanup activities at the Site to date. The non-de minimis 
settlors under this proposed agreement are: BASF Corporation, on behalf 
of itself and its predecessors in interest, International Printing Ink, 
Inmont Corp., and Cook Paint & Varnish; DaimlerChrysler Corp.; General 
Motors Corporation; S.C. Johnson & Son, Inc.; Minnesota Mining and 
Manufacturing Company; and PPG Industries, Inc.
    For thirty days following the date of publication of this notice, 
the EPA will receive written comments relating to this proposed 
agreement. EPA will consider all comments received and may decide not 
to enter this proposed agreement if comments disclose facts or 
considerations which indicate that the proposed agreement is 
inappropriate, improper or inadequate.

DATES: Comments on the proposed agreement must be received by EPA on or 
before June 11, 2001.

ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois, 60604-3590, and should refer to: In the Matter of 
Marina Cliffs/Northwestsern Barrel, South Milwaukee, Wisconsin, U.S. 
EPA Docket No. V-W-01C-630.

FOR FURTHER INFORMATION CONTACT: Thomas J. Krueger, U.S. Environmental 
Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604-3590, (312) 886-0562.
    A copy of the proposed administrative settlement agreement may be 
obtained in person or by mail from the EPA's Region 5 Office of 
Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois, 60604-
3590. Additional background information relating to the settlement is 
available for review at the EPA's Region 5 Office of Regional Counsel.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended, 42 U.S.C. 9601-9675.

William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 01-11831 Filed 5-9-01; 8:45 am]
BILLING CODE 6560-50-M