[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Page 36938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12653]
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ENVIRONMENTAL PROTECTION AGENCY
[ FRL-7929-1]
Proposed CERCLA Administrative Past Cost Recovery Settlement:
47th and Dan Ryan Superfund Site Gustavo and Guadalupe Martinez d/b/a
Menchaca Transport Express, and Biddle Sawyer Corporation
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. 9622(i), notice is hereby given of a proposed
administrative Agreement for Recovery of Past Response Costs
(``Agreement''), issued pursuant to Section 122(h)(1) of CERCLA,
concerning the 47th and Dan Ryan Superfund Site in Chicago, Cook
County, Illinois, between the United States Environmental Protection
Agency (``U.S. EPA'' or ``the Agency'') and the following Settling
Parties:
Gustavo and Guadalupe Martinez individually, d/b/a Menchaca Transport
Express; and Biddle Sawyer Corporation
The proposed Agreement contains a settlement between U.S. EPA and
Gustavo and Guadalupe Martinez individually and d/b/a Menchaca
Transport Express; and Biddle Sawyer Corporation for the payment of a
portion of EPA's unreimbursed costs incurred at the 47th and Dan Ryan
Superfund Site. The Agreement requires the Settling Parties to pay a
total of $90,000 to the EPA Hazardous Substance Superfund. The
Agreement also includes a covenant not to sue the Settling Parties
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
Agreement. The Agency will consider all comments received and may
modify or withdraw its consent to the Agreement if comments received
disclose facts or considerations which indicate that the Agreement is
inappropriate, improper, or inadequate. The Agency's response to any
comments received will be available for public inspection at the
following location: Records Center, U.S. EPA, Region 5, 7th Floor, 77
W. Jackson Blvd., Chicago, IL 60604.
DATES: Comments must be submitted on or before June 27, 2005.
Background: On August 8, 2001, a semi-truck and trailer owned by
Gustavo and Guadalupe Martinez, individually and d/b/a Menchaca
Transport Express, headed east-bound on the Dan Ryan Expressway,
overturned on the highway at the 47th Street overpass in Chicago, Cook
County, Illinois and spilled its contents of dry azodicarbonamide. The
City of Chicago, Illinois Department of Transportation, and U.S. EPA
incurred response costs in containing and addressing the impact of the
spill. U.S. EPA's emergency response contractors decontaminated the
impacted portion of the highway with pressure washers, and sent the
rinse water into a bulk liquids trailer for offsite disposal. Impacted
soil from along the berm west of the highway, burned debris and other
solid waste associated with the incident was drummed up and removed.
U.S. EPA response personnel also performed air monitoring and conducted
other sampling activities; U.S. EPA also incurred response costs
relating to its responsible party search, negotiations and other
enforcement costs.
As of March 31, 2005, U.S. EPA's response and enforcement costs for
the Site were $190,422.03. The Settling Parties Gustavo and Guadalupe
Martinez individually, and d/b/a Menchaca Transport Express (now a
defunct entity); and Biddle Sawyer Corporation, the shipper and owner
of the hazardous substances at the time of the incident, are jointly
and severally liable for the proposed payment under the terms of the
Agreement. Miken Cartage, Inc. a transporter which had contracted with
Biddle Sawyer Corporation and the driver of the truck owned by
Menchaca, is recalcitrant and is not participating in the Agreement.
Subject to U.S. EPA's reservations of rights, any response costs which
would not be recovered under the terms of the Agreement would be
forgiven as against the Settling Parties.
ADDRESSES: The proposed settlement is available for public inspection
at the following location: Records Center, U.S. EPA, Region 5, 7th
Floor, 77 W. Jackson Blvd., Chicago, IL.
Comments should reference the 47th and Dan Ryan Superfund Site;
Gustavo and Guadalupe Martinez d/b/a Menchaca Transport Express; and
Biddle Sawyer Corporation; City of Chicago, Cook County, Illinois and
U.S. EPA Docket No. V-W-'05-C-818, and should be addressed to Sherry L.
Estes, Associate Regional Counsel, 77 West Jackson Blvd., Mail Code C-
14J, Chicago, Illinois 60604. Copies of the proposed Agreement may be
obtained from Deloris Johnson, Paralegal, Office of Regional Counsel,
77 West Jackson Blvd., Mail Code C-14J, Chicago, Illinois 60604, (312)
886-6806.
FOR FURTHER INFORMATION CONTACT: Sherry L. Estes, Associate Regional
Counsel, 77 West Jackson Blvd., Mail Code C-14J, Chicago, Illinois
60604, (312) 886-7164.
Dated: June 9, 2005.
Richard C. Karl,
Director, Superfund Division.
[FR Doc. 05-12653 Filed 6-24-05; 8:45 am]
BILLING CODE 6560-50-P