[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Notices]
[Pages 4435-4436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2353]



-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5417-3]


Proposed Second Round De Minimis Settlement Under Section 122(g) 
of the Comprehensive Environmental Response, Compensation and Liability 
Act; In the Matter of Thermo-Chem, Inc.

AGENCY: U.S. Environmental Protection Agency.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: Notice of de minimis Settlement: in accordance with Section 
122(i)(1) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''), notice is hereby given 
of a second round de minimis settlement concerning past and estimated 
future

[[Page 4436]]

response actions at the Thermo-Chem, Inc. Site in Muskegon, Michigan. 
The Department of Justice approved the settlement as set forth in 
122(g)(4) of CERCLA.

DATES: Comments must be provided on or before March 7, 1996.

ADDRESSES: Comments should be addressed to James Hahnenberg, Mail Code 
MFA-10J, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604, and should refer to: In the Matter 
of Thermo-Chem, Inc., Docket No. V-W-96-C-319.

FOR FURTHER INFORMATION CONTACT: Ignacio L. Arrazola, Mail Code CS-29A, 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The following parties executed binding 
certifications of their consent to participate in the settlement: Aero 
Oil Company, Inc.; American National Can Company; American Coils Spring 
Co.; James River Paper Company, Inc. & James River Corporation of 
Virginia; Bush Concrete; C.W. Marsh Company; Checker Motors 
Corporation; Dale Schaap; Caddillac Plastic Group, Inc. f/k/a Day 
International Corp.; EBW Inc.; Fort Wayne Pools; Georgia Pacific 
Corporation; Grav-I-Flo; Howmet Corporation; Cooper Industries, Inc.; 
Labeltape, Inc.; Label Technique, Inc. n/k/a LTI Printing, Inc.; 
Champion International Corp.; Simpson Industries, Inc.; Port City 
Paints, Inc.; Robert's Packaging Corporation; Sunstrand Corporation; 
Wilson Sporting Goods Co.; The Leisure Group, Inc.; and Montgomery Ward 
& Co. Incorporated;
    These parties will pay approximately $2,000,000 in settlement 
payments for response costs related to the Thermo-Chem, Inc. Site, if 
the United States Environmental Protection Agency determines that it 
will not withdraw or withhold its consent to the proposed settlement 
after consideration of comments submitted pursuant to this notice.
    U.S. EPA may enter into this settlement under the authority of 
Section 122(g) of CERCLA. Section 122(g) authorizes de minimis 
settlements with potentially responsible parties (``PRPs'') that 
contributed hazardous substances to a site where those contributions 
were small and where the toxicity of the substances contributed is not 
significantly different from the other substances brought to the site. 
Pursuant to this authority, the agreement proposes to settle with 
parties who are responsible for less than 1% of the total volume of 
hazardous substances sent to the site. Settling de minimis PRPs will be 
required to pay their fair share of the past and estimated future 
response costs at the site based on a payment of $15.20 per gallon of 
hazardous substances that the party contributed to the Site. The 
settlement payment amount includes a premium of 135% against estimated 
future response costs to account for potential cost overruns, the 
potential for failure of the remedies selected to clean up the site, 
other risks, and the failure of settlors to participate in an earlier 
de minimis settlement.
    A copy of the proposed administrative order on consent and 
additional background information relating to the settlement, including 
a list of parties to the settlement, are available for review and may 
be obtained in person or by mail from Ignacio L. Arrazola, Mail Code 
CS-29A, U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    The U.S. Environmental Protection Agency will receive written 
comments relating to this settlement for thirty days from the date of 
publication of this notice.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 
et seq.
Sally Avervill,
Acting Director, Office of Superfund, Region 5.
[FR Doc. 96-2353 Filed 2-5-96; 8:45 am]
BILLING CODE 6560-50-P