[Federal Register: October 19, 2004 (Volume 69, Number 201)]
[Notices]               
[Page 61494]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc04-31]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7828-5]

 
Notice of Proposed Agreement for Recovery of Past Response Costs 
Under the Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA) as Amended, Bernstein Salvage Superfund Site, 
Oskaloosa, IA, Docket No. CERCLA-07-2004-0158

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement for past response costs, Bernstein 
Salvage Site, Oskaloosa, Iowa.

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SUMMARY: Notice is hereby given that a proposed agreement regarding the 
Bernstein Salvage Superfund Site located in Oskaloosa, Iowa, was signed 
by the United States Environmental Protection Agency (EPA) on July 26, 
2004, and by the United States Department of Justice (DOJ) on September 
15, 2004.

DATES: EPA will receive, for a period of thirty (30) days from the date 
of this publication, written comments relating to the proposed 
agreement.

ADDRESSES: Comments should be addressed to Barbara L. Peterson, Senior 
Assistant Regional Counsel, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, Kansas 66101 and 
should refer to: In the Matter of Bernstein Salvage Superfund Site, 
Oskaloosa, Iowa, Union Pacific Railroad (Settling Party), Docket No. 
CERCLA-07-2004-0158.
    The proposed agreement may be examined or obtained in person or by 
mail from Barbara L. Peterson, United States Environmental Protection 
Agency, Region VII, 901 N. 5th Street, Kansas City, KS 66101, (913) 
551-7277.

SUPPLEMENTARY INFORMATION: This proposed agreement concerns the 
Bernstein Salvage Superfund Site, located in Oskaloosa, Iowa, and is 
made and entered into by EPA and Union Pacific Railroad (Settling 
Party).
    In response to the release of hazardous substances at or from the 
Site, EPA undertook response actions at the Site pursuant to Section 
104 of CERCLA, 42 U.S.C. 9604. In performing these response actions, 
EPA incurred response costs at or in connection with the Site.
    Pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), the 
Settling Party is a responsible party and is liable for response costs 
incurred or to be incurred at or in connection with the Site. This 
Agreement requires the Settling Party to pay to the Hazardous Substance 
Superfund the principal sum of $100,000 in reimbursement of Past 
Response Costs, plus an additional sum for interest and will resolve 
the Settling Party's civil liability for these costs. The proposed 
agreement also includes a covenant not to sue the Settling Party 
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

    Dated: September 29, 2004.
James B. Gulliford,
Regional Administrator, United States Environmental Protection Agency, 
Region VII.
[FR Doc. 04-23263 Filed 10-18-04; 8:45 am]

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