[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Notices]
[Pages 61624-61625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24913]


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ENVIRONMENTAL DEPARTMENT AGENCY

[FRL-7388-1]


Proposed Agreement Pursuant to Sections 122(g) and (h) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
for the Zionsville Third Site 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 Zionsville Third Site hazardous 
waste site located approximately 150 feet east of U.S. Highway 421 and 
approximately 350 feet south of the Environ-Chem Superfund site in 
Zionsville, Indiana (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: Ahlstrom Filtration, Inc.; Akzo Nobel Coatings Inc. 
(Wyandotte Paint Co.); Also Industries, Inc. (Synthane-Taylor); Allen-
Bradley Company, LLC.; Allied Waste Transportation, Inc. d/b/a 
Vermillion Waste Systems; American National Can Company, now Rexam 
Beverage Can Company; American Recovery Company, Incorporated; A.O. 
Smith Corporation; Ashland Inc.; Belden Inc. (Cooper Industries); BMC 
Industries, Inc. (for Buckbee Mears Co.); Borg Warner Inc. on behalf of 
Warner Gear Division (Borg-Warner); Brulin & Company, Inc.; Carlisle 
Tire &Wheel Company (formerly known as Carlisle Tire & Rubber Company 
(Indus Wheel); Chemical Waste Management, Inc.; Child Craft Industries, 
Inc. (Smith Cabinet); Cintech Industrial Coatings, Inc. (for Cincinnati 
Varnish); Cloudsley Company; Cohesant of MO, Inc. s/k/a King Adhesives, 
Inc. and its parent Cohesant Technologies Inc.; Commercial Sewer 
Cleaning Company, Inc.; Cummins Engine Co.; David L. Wade, Inc. (FKA 
Standard Paints Incorporated); Davis-Frost, Inc. (formerly Frost Paint 
& Oil Co.); Devro-Teepak, Inc.; Egyptian Lacquer Mfg. Co., Inc.; 
Electro-Spec, Inc.; Emhart Industries, Inc.; Ericsson Inc.; Farm Credit 
Services of Mid-America; Freudenberg-NOK, Gen. Corp Inc (General Tire); 
Georgia Pacific Corporation, successor in interest to James River II 
(Crown Zellerback); H.B. Fuller Company; Heriff Jones, Inc.; Hill-Room 
Company, Inc.; International Paper Company (successor in interest to 
Champion International Corporation); International Paper Company (for 
Chase Packaging Corp.); I.W.D. Waste, Inc.; Kurfees Coatings 
(Louisville Varnish); KCL Corporation; Kewanee Industries Inc. for 
Bruning Paint Company and Chevron Environmental Management

[[Page 61625]]

Co.; Knauf Fiber Glass; Lennox International Inc. as related to Wickes 
Mfg. (Bohn Alum./Heat); Marathon Oil Company (includes Rock Island 
Refining Corporation which merged with Marathon Oil Company); Marathon 
Pipe Line Company; Marcus Paint Company; Marisol, Inc.; McLaughlin 
Gormley King Company; Modine Manufacturing Company (successor in 
interest to Signet Systems (Easton)); Moormann Bros. Mfg.; Mueller 
Copper Tube Products, Inc. f/k/a Halstead Industries, Inc.; National 
Railroad Passenger Corporation; Onan Corporation; Philips Electronics 
North America Corporation; PPG Industries, Inc.; R.R. Donnelley & Sons 
Company; Red Spot Paint & Varnish Co., Inc.; Reliance Electric Company; 
RHI Holdings, Inc. as successor to Rexnold Holdings, Inc.; Robbie 
Manufacturing, Inc.; Rockwell International; Seagate Technology LLC, as 
successor in interest to the operating assets of Seagate Technology, 
Inc. and on behalf of Magnet Peripherals, Inc & MPI Plastic; Sequa 
Corporation; The Sherwin-Williams Corporation; Superior Oil Company, 
Inc.; The Timken Company; TRW Inc.; Unisys Corporation, United States 
Gypsum (for itself and as successor for this matter only to Durabond); 
United Technologies Corporation (Inmont Corporation and Essex Group); 
United Technologies Corporation (United Technologies Automotive, Inc.--
Alam Plastics); Valhi, Inc./IMPEX; Viacom Inc., successor by merger to 
CBS Corporation, f/k/a Westinghouse Electric Corporation; Thermo King; 
Wabash Products; White Consolidated Industries, Inc.; Whittaker 
Corporation (Dayton Coatings) and all affiliates; World Color Press 
(Salem Gravure) [n/k/a Quebecor World (USA), Inc.]; Federal Bureau of 
Prisons; and U.S. Department of the Navy.
    Under the proposed agreement, the de minimis parties will pay a 
total of approximately $3,083,555.54, which will be placed into an 
escrow account to be used for response costs incurred and to be 
incurred at the Site. A group of 34 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 
has incurred and will continue to incur 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 approximately $8 million to perform cleanup activities at the 
Site to date, and the remaining response cost are estimated at $6 
million. The non-de minimis settlors under this proposed agreement are: 
Alcoa Inc.; Anderson Development Company; ArvinMeritor, Inc., successor 
in interest to Arvin Industries, Inc.; Batesville Casket Company, Inc.; 
Beazer East, Inc.; Bemis Company, Inc.; Bridgestone/Firestone North 
America Tire, LLC; Chemical Marketing Corp.; Detrex Corporation; Exxon 
Mobil Corporation for Mobil Oil Corporation; Ford Motor Company; 
Freightliner LLC (formerly Freightliner Corp.); General Electric 
Company; General Motors Corporation; HC Industries, Inc.; Honeywell 
International Inc.; JCI Jones Chemicals, Inc.; Jeffboat LLC; Kimberly 
Clark Corporation; Liberty Solvents & Chemicals; Lilly Ind. Coatings, 
Inc. n/k/a The Valspar Corporation and The Valspar Corporation; Lucent 
Technologies (AT&T); Maytag Corporation (Jenn-Air); McDonnell Douglas 
Corporation, a wholly-owned subsidiary of The Boeing Company; Pratt & 
Lambert; Radio Materials Corporation; RCA Corporation; S.C. Johnson & 
Son, Inc.; Stolle Corporation; Tyco Healthcare Group LP, as successor 
in interest to the Kendall Company; Tyco International (US) Inc. 
(Ludlow Corporation); Union Carbide Corporation; Waste Research & 
Reclamation Co., Inc.; and Whirlpool Corporation.
    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 October 31, 2002.

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 
Zionsville Third Site, Zionsville, Indiana, U.S. EPA Docket No. V-W-
02C-698.

FOR FURTHER INFORMATION CONTACT: Thomas J. Krueger, U.S. Environmental 
Protection Agency, Office of Regional Counsel, C-14J, 77 West Jackson 
Boulevard, Chicago, Illinois 66064-3490, (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. 02-24913 Filed 9-30-02; 8:45 am]
BILLING CODE 6560-50-M