[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Notices]
[Pages 16376-16378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8298]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7167-2]
Proposed CERCLA Administrative Cost Recovery Settlement Pursuant
to the Comprehensive Environmental Response, Compensation, and
Liability Act; Environmental Waste Resources Site, Coal City, IL
AGENCY: Environmental Protection Agency.
ACTION: Notice; Request for Public Comment.
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SUMMARY: In accordance with Section 122(i) of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(``CERCLA''), 42 U.S.C.
[[Page 16377]]
9622(i), notice is hereby given of a proposed administrative cost
recovery settlement concerning the Environmental Waste Resources, Inc.,
facility (``Site'') located near Coal City, Illinois. The settling
parties are listed in the Supplementary Information portion of this
Notice. The settlement is designed to resolve the liability of the
settling parties for response costs the United States Environmental
Protection Agency (``U.S. EPA'' or ``Agency'') incurred responding to
the release or threat of release of hazardous substances from the Site.
The settlement requires the settling parties to pay $136,457 to the
Hazardous Substances Superfund. The settlement includes a covenant from
U.S. EPA not to sue the settling parties pursuant to Section 107 of
CERCLA, 42 U.S.C. 9607, to recover Past Response Costs. U.S. EPA has
the authority to enter into this administrative settlement agreement
pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1). 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 U.S. EPA, Region 5,
Superfund Division Record Center, 77 West Jackson Boulevard, 7th Floor,
Chicago, Illinois 60604.
DATES: Comments must be submitted 30 days following the date of
publication of this notice.
ADDRESSES: The proposed Administrative Order on Consent (``AOC'')
embodying the settlement agreement and additional background
information relating to the settlement are available for public
inspection at the U.S. EPA, Region 5, Superfund Division Record Center,
77 West Jackson Boulevard, 7th Floor, Chicago, Illinois 60604. A copy
of the proposed AOC may be obtained from Craig Melodia (address see
below). Comments should reference the Environmental Waste Resources
Site.
FOR FURTHER INFORMATION CONTACT: Craig Melodia, Office of Regional
Counsel, Mail Code C-14J, U.S. EPA, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
SUPPLEMENTARY INFORMATION:
A. Background
Environmental Waste Resources, Inc. (``EWR''), a Connecticut
corporation, operated a Resource Conservation and Recovery Act-
permitted treatment, storage, and recycling facility at the 26-acre
Site from 1976 to 1997. During its operation EWR accepted hazardous and
nonhazardous waste in bulk and container shipments. On July 8, 1997,
EWR filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy
Act (Case No. 97-32784). On February 3, 1998, the Chapter 11 proceeding
converted into a Chapter 7 proceeding to liquidate the Debtor's assets
(Case No. 97-51487). When EWR's bankruptcy proceeding converted to a
Chapter 7 proceeding, EWR abandoned the Site, including hazardous
substances, pollutants and contaminants. This waste remained on the
Site in drums, some of which were deteriorating, and in the bulk tanks.
Waste containing elevated concentrations of volatile organic compounds
(``VOCs'') as well as lower concentrations of other VOCs and
semivolatile organic compounds (``SVOCs'') was stored in drums and
tanks on the Site. Additionally, approximately 40 compressed gas
cylinders, many of which contained flammable gases, were left in
outdoor areas of the Site. Numerous laboratory chemicals that included
concentrated acids, bases, flammables, oxidizers, poisons, and
radioactive material were left in the laboratory building on the Site.
Shortly after EWR filed for bankruptcy the Illinois Environmental
Protection Agency (``IEPA'') conducted a site investigation. That
investigation prompted IEPA to refer the Site to U.S. EPA for response
actions. From March 3 to March 6, 1998, U.S. EPA and its Superfund
Technical Assessment and Response Team (``START'') contractor conducted
an emergency site assessment. The site assessment identified 831 full
drums labeled as containing both hazardous and non-hazardous waste;
several hundred empty and partially full drums stored in three semi-
trailers; 23 aboveground tanks in outdoor tank farms, most of which
were full (capacity of 10,000 to 50,000 gallons each); four aboveground
tanks within the process building; 29 compressed gas cylinders; and a
variety of laboratory chemicals. Several leaking drums were also
identified during the site assessment.
On March 7, 1998, U.S. EPA and its emergency response contractor
mobilized to the Site to conduct an emergency response. A total of nine
leaking 55-gallon drums were over packed, semi-trailers containing
empty and partially full drums were investigated, and missing bolts
were replaced on a storage tank man-way. In addition, U.S. EPA's
contractor provided 24-hour security at the Site.
On December 22, 1998, the U.S. EPA, Region 5, Superfund Division
Director signed an AOC with 21 parties (``AOC parties'') to perform a
time-critical removal action and to reimburse U.S. EPA for oversight
costs associated with overseeing the removal. The AOC parties took
control of the Site and began providing site security on February 8,
1999. The removal took place from April 21, 1999, until September 3,
1999. The AOC parties' final report was issued on October 1, 1999, and
stated that over 300,000 gallons of liquid and solid waste, 928 drums,
257 containers of laboratory hazardous substances, and 48 compressed
gas cylinders had been removed from the Site. According to the final
report, the AOC parties spent $1,186,894 performing the removal. In
addition, the AOC parties paid $163,393 to U.S. EPA in oversight costs.
B. Settling Parties
The parties to this proposed AOC are: Warner-Lambert; Eastman
Chemical Company and its subsidiaries, including Eastman Company;
Chicago Specialty, Inc.; Release International/Rexam Release, Inc.;
Valspar Corporation; Esco Co. Limited Partnership; ACME Borden; Morton
International, Inc.; Coleman Chemical, Inc.; Mallinckrodt Specialty
Chemical; Northwestern Flavors, Inc.; Viskase Corp.; Quebecor Printing
Mt. Morris, Inc.; Libra Industries, Inc.; Allied Tube & Conduit;
Jefferson Smurfit Corporation; Lyon Metal Products; Mozel, Inc.;
Chicago Steel Container Corp.; Precision Coatings, Inc.; and
International Paper.
C. Description of Settlement
The proposed AOC is a cash settlement to reimburse the Hazardous
Waste Superfund for costs U.S. EPA incurred conducting the emergency
removal action at the Site. The proposed AOC calls for the settling
parties to pay $136,457 of U.S. EPA's total remaining costs of $243,925
(``past costs''). The settling parties have already paid $163,393 in
oversight costs. The proposed settlement compromises U.S. EPA's claim
for the remaining costs in recognition of the settling parties'
cooperation in conducting the time-critical removal at the Site, and in
recognition of the substantial share of liability EWR is responsible
for as the owner and operator of the Site. Since EWR is in bankruptcy
and did not
[[Page 16378]]
participate in the removal, or reimburse U.S. EPA for its oversight
costs, the settling parties have contributed more than their fair
share. In recognition of this fact U.S. EPA would forgive $107,468 of
its past costs under the proposed settlement.
Dated: March 22, 2002.
Wendy Carney,
Acting Director, Superfund Division.
[FR Doc. 02-8298 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-P