[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18373-18374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-43]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8895-4]
Notice of Proposed Administrative Cashout Agreement Pursuant to
Section 122(H)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act; In Re: Hassan Barrel Superfund Site,
Fort Wayne, Allen County, IN
AGENCY: Environmental Protection Agency.
ACTION: Notice; request for public comment.
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SUMMARY: Notice is hereby given of a proposed administrative settlement
under CERCLA concerning the Hassan Barrel Superfund Site (``Site'') in
Fort Wayne, Allen County, Indiana. Subject to review and comment by the
public pursuant to this Notice, the settlement has been approved by the
United States Department of Justice. The settlement resolves a United
States Environmental Protection Agency (EPA) claim under Sections 106,
107(a), and 122 of CERCLA, against 61 parties who have executed binding
certifications of their consent to the settlement, as listed below in
the Supplementary Information section.
The settlement requires the settling parties to pay a total of
$950,000 to the Hazardous Substances Superfund, Hassan Barrel Superfund
Site, Special Account. Each settling party is required to pay an amount
specified for that party in the settlement based upon the volume of
waste that party contributed to the Site. The settling parties shall
also pay to the EPA, 50% of the net environmental insurance proceeds
recovered and received by some or all of the settling parties in a
pending insurance recovery action. The payments shall not exceed the
difference between $950,000 and EPA's estimate of total past response
costs, which is approximately $1.7 million. Payments received shall be
applied, retained, or used to finance the response actions taken or to
be taken at or in connection with the Site.
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 EPA,
Region 5, 7th Floor File Room, 77 West Jackson Boulevard, Chicago,
Illinois.
DATES: Comments must be submitted on or before May 22, 2009.
ADDRESSES: The proposed settlement is available for public inspection
at the EPA, Region 5, 7th Floor File Room, 77 West Jackson Boulevard,
Chicago, Illinois. In addition, a copy of the proposed settlement also
may be obtained from Nola M. Hicks, Associate Regional Counsel (C-14J),
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, or
by calling (312) 886-7949. Comments should reference the Hassan Barrel
Superfund Site, Fort Wayne, Allen County, Indiana and EPA Docket No.
and should be addressed to Nola M. Hicks, Associate Regional Counsel
(C-14J), Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
SUPPLEMENTARY INFORMATION: The parties listed below have executed
binding certifications of their consent to participate in the
settlement.
The Performing Parties are as follows: Austin Petroleum, Inc., Buis
Oil Company, Inc., Chroma Source Inc., Cintas Corporation, Colwell,
Inc., Cooper Standard Automotive, Crystal Flash Petroleum Corporation,
Dreyer's Grand Ice Cream, Inc., Fort Wayne Newspapers, Inc., Franklin
Electric Co. Inc., Gregory Porter dba Porter's BP, Hartson-Kennedy
Cabinet Top Co. Inc., Heritage-Cristal Clean LLC, Heritage
Environmental Services LLC, Hoosier Tire & Rubber Corp., J.M. Reynolds
Oil Co. Inc., Co-Alliance LLP f/k/a LaPorte County Co-op, Master
Petroleum Products Inc., North Central Co-op, Phelps Dodge Industries
Inc., Rackham Service Corp., Rea Magnet Wire Company Inc., Thomson
Inc., Warner Oil Co., Yoder Oil.
The Buy-out Parties are as follows: 14/69 Car Wash Super Center
Inc., American Electric Power Service Corporation on behalf of itself
and Indiana Michigan Power Company, Autoliv ASP Inc., Carpenter Co.,
CME Automotive Corporation, Cole Pattern & Engineering, CTS
Corporation, Eaton Corp/Eaton Aeroquip Inc., Fasson Roll North American
Division of Avery Dennison Corporation, Gallahan Oil Co. Inc., Grabill
Cabinet Company Inc., Griffith Rubber Mills of Garrett LLC, Harris
Kayot/Fort Wayne Anodizing, K-Com Transportation Services Inc. (Kemark
Environmental Service) Kemco International Inc., Keystone RV Company,
Kimball International Inc. and Kimball Electronic Inc., Labecca LLC,
Lift All Division of Hydra-Tech, Inc., McCoy Bolt Works Inc., McGill
Manufacturing Co., McIntosh Energy Co. Inc., Metalloid Corporation,
Parrot Press Inc., Elantas PDG Inc. f/k/a The PD George Company, Group
Dekko Inc. f/k/a Pent Technologies, Rieke Corporation, Skyline
Corporation, Square D, Sroufe Healthcare Products/Wilmot Holdings,
Stonestreet & Stonestreet Oil Company (S&S Oil), Trelleborg Sealing
Solutions (TSS F Wayne), Trelleborg YSH Inc., Tuthill Transfer Systems
Tuthill Corp., United Technologies Corporation, Waggoner's Fuel Co.
Inc.
FOR FURTHER INFORMATION CONTACT: Nola M. Hicks, Associate Regional
Counsel (C-14J), Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604, or call (312) 886-7949.
Authority: The Comprehensive Environmental Response,
Compensation and Liability Act, of 1980, 42 U.S.C. 9604, 9606(a),
9607, and 9622, as amended.
[[Page 18374]]
Dated: April 8, 2009.
Richard C. Karl,
Director, Superfund Division, Region 5.
[FR Doc. E9-9211 Filed 4-21-09; 8:45 am]
BILLING CODE 6560-50-P