[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Notices]
[Pages 17709-17710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8128]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6960-3]


Supplemental Notice of Proposed Administrative De Minimis 
Settlement, and Notice of Proposed Second Administrative De Minimis 
Settlement, Pursuant to Section 122(g) of the Comprehensive 
Environmental Response, Compensation and Liability Act, and Notice of 
Public Meeting and Proposed Settlement Pursuant to Section 7003(d) of 
the Resource Conservation and Recovery Act; In Re: Lenz Oil Services, 
Inc., Site, Lemont, IL

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), and section 7003(d) of the Resource Conservation and 
Recovery Act, as amended (``RCRA''), the EPA is giving this 
supplemental notice of a proposed administrative de minimis settlement, 
and is giving notice of a proposed second administrative de minimis 
settlement, under section 122(h)(1) of CERCLA and section 7003 of RCRA 
concerning the Lenz Oil Services, Inc., site (``Site'') in Lemont, 
Illinois. The United States Department of Justice has approved of these 
settlements, subject to review and comment by the public as provided by 
this notice. If the public requests a meeting pursuant to RCRA section 
7003(d), EPA will hold a public meeting in the vicinity of the Site to 
discuss these settlements.
    Both of these settlements resolve Environmental Protection Agency 
(EPA) claims under section 107(a) of CERCLA and section 7003 of RCRA, 
and a State of Illinois claim under section 22.2a of the Illinois 
Environmental Protection Act. The supplemental notice to the first 
settlement resolves claims against 15 parties who timely executed 
binding certifications of their consent to the settlement. The second 
settlement resolves claims against 12 parties who timely executed 
binding certifications of their consent to the second settlement. U.S. 
EPA identified 6 of these 27 settlers in the October 28, 1998, notice 
of the original de minimis settlement, but now requires additional 
public notice due to clarifications to the name of the party or the 
settling amount. The Supplemental Information Section below identifies 
the parties executing binding certifications of their consent to these 
settlements.
    The supplemental notice for the first settlement identifies 15 
settling parties who will pay a total of $118,840.17 to the Hazardous 
Substances Superfund, Lenz Oil Services, Inc., Special Account, and a 
total of $48,462.09, to the State of Illinois for costs incurred 
relating to past Site response actions. The second settlement 
identifies 12 parties who will pay a total of $91,701.28 to the 
Hazardous Substances Superfund, Lenz Oil Services, Inc., Special 
Account, and a total of $6,787.05, to the State of Illinois for costs 
incurred relating to past Site response actions.
    Each settling party must pay an amount specified for that party in 
the settlement based on the volume of waste that party contributed to 
the Site; except as to 2 parties in this notice, who are paying a 
lesser amount based on an analysis of their ability to pay the 
settlement. 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, including payments for past response costs, future 
oversight costs and/or other future costs of conducting the response.
    The first settlement was modified as specified in an errata sheet 
to correct certain errors in the settlement documents and to supplement 
settlement terms relating to federal agency settlers. Consequently, 
following the public comment period, we are providing each supplemental 
notice party with an opportunity to ratify the errata changes, or to 
withdraw from the settlement without penalty.
    For 30 days following the date of publication of this notice, and 
at the public meeting identified above, 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 Lemont Town Hall, 418 Main Street, Lemont, 
Illinois and at the EPA, Region 5, 7th Floor File Room, 77 West Jackson 
Boulevard, Chicago, Illinois.

DATES: You must submit comments on or before May 3, 2001.

ADDRESSES: The proposed settlement, including the errata sheet, and 
additional background information relating to the settlement are 
available for public inspection at the Lemont Town Hall, 418 Main 
Street, Lemont, Illinois, and at the EPA, Region 5, 7th

[[Page 17710]]

Floor File Room, 77 West Jackson Boulevard, Chicago, Illinois. In 
addition, you may obtain a copy of the proposed settlement from Stuart 
P. Hersh, Associate Regional Counsel (C-14J), Region V, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604-3590, or by calling (312) 886-6235. 
Comments should reference the Lenz Oil Services Inc., Superfund Site, 
Lemont, Illinois and EPA Docket No. V-W-98-C-440 and should be 
addressed to Stuart P. Hersh, Associate Regional Counsel (C-14J), 
Region V, 77 West Jackson Boulevard, Chicago, Illinois, 60604.

SUPPLEMENTARY INFORMATION: The following parties have executed binding 
certifications of their consent to participate in the first settlement.

Respondents

    Avenue Motor Sales; Crosstown Services (n/k/a Laidlaw Transit); 
Exhaust Works, The; Diller-Rod, Inc.; Jimmy Diesel, Inc.; McHenry 
Ready-Mix Co.; Oak Park & River Forest High School; Oehler Automotive & 
Leasing; Sadowski, Jack, consolidated with Lambert Jones; Schaumburg 
Transportation n/k/a Laidlaw Transit); Silica Sand Transport; Taylor 
Motor Sales; Tinley Auto Repair; Village of Carpentersville; and Waspi 
Trucking.
    The following parties have executed binding certifications of their 
consent to participate in the second settlement.

Respondents

    Batavia Standard; Bauer Buick; Burren Transfer; Chanute Air Force 
Base; Community Unit School District 300; Everpure (a/k/a Culligan); J/
B Industries; J&S Plastics; Knaack Manufacturing Co.; Montgomery 
Standard; Reber and Foley Standard; and Vaia Auto Specialists.
    The following Respondents from those listed above were also, 
incorrectly, identified as settlers in the October 28, 1998, public 
notice to the first settlement.

Respondents

    Bauer Buick; Vaia Auto Specialists, Inc.; Crosstown Services 
(incorrectly listed as Crosstown Service Center); Diller-Rod; Sadowski, 
Jack (Lambert Jones); and Waspi Trucking.

FOR FURTHER INFORMATION CONTACT: Stuart P. Hersh, Associate Regional 
Counsel (C-14J), Region V, 77 West Jackson Boulevard, Chicago, 
Illinois, 60604, or call (312) 353-9484.

    Authority: The Comprehensive Environmental Response, 
Compensation and Liability Act, as amended, 42 U.S.C. 9601-9675, the 
Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901-
6992, and the Illinois Environmental Protection Act, as amended, 415 
ILCS section 5/22.2a.

    Dated: March 13, 2001
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 01-8128 Filed 4-2-01; 8:45 am]
BILLING CODE 6560-50-P