[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)] [Notices] [Page 14572] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-7873] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5450-4] Proposed Administrative Agreement on Consent; XXKEM Company AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed settlement. ----------------------------------------------------------------------- SUMMARY: EPA is proposing to settle a claim under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9607, for past response costs incurred during removal activities at the XXKEM Company site in Toledo, Lucas County, Ohio (XXKEM Site). EPA has incurred $1,361,840 in response costs at the XXKEM Site. Settling parties participating thus far have agreed to reimburse the EPA in the amount of $762,585. Additional settling parties may join the settlement under the same terms, in which case the amount reimbursed would be higher. EPA today is proposing to approve this settlement because it reimburses EPA, in part, for costs incurred during EPA's removal action at this site. On February 6, 1996, EPA sent a settlement agreement to approximately 893 potentially responsible parties (PRPs), providing an opportunity to settle for past response costs incurred during removal activities at the XXKEM Site. Subsequently, EPA received comments regarding various provisions of the settlement agreement. In response to those comments, EPA changed the settlement agreement in three limited respects. First, as originally drafted, the covenant not to sue by EPA did not become effective for any settlor until all settlors paid the amount due pursuant to the settlement agreement. In addition, if any settlor did not pay on time, all settlors faced the possibility of paying interest, stipulated penalties or attorney's fees for other settlors' failure to pay. These provisions have been changed so that the consequences of any settlor's failure to pay or make late payments are reserved only for that specific settlor. Second, the group of settlors includes one federal agency, the United States Postal Service. For a variety of reasons, including the fact that the Anti-Deficiency Act, 31 U.S.C. 1341 et seq., restricts a federal agency's ability to commit funds absent a Congressional appropriation, the settlement agreement addresses this federal agency separately. The payment provisions that apply to this settling federal agency have absolutely no effect on the terms of the settlement for any other party. Third, EPA offered to consider ability to pay claims. EPA will be adding a certification to the signature page of parties for whom EPA agrees to reduce the amount of money owed. Such parties must certify that: (1) The financial information provided to EPA is complete and accurate, and that if this is not the case, the settlement as to that settlor is null and void; and (2) the settlor has not received insurance proceeds and if any insurance coverage becomes available, the settlor agrees to pay any proceeds recovered to the EPA. EPA believes that the revised settlement is responsive to the comments received to date, and, from the standpoint of the prospective settlors, a more advantageous way to settle this matter. DATES: Comments on this proposed settlement must be received on or before May 2, 1996. ADDRESSES: Copies of the proposed settlement agreement are available at the following address for review (It is recommended that you telephone Ms. Gloria Kilgore at (312) 886-0813 before visiting the Region 5 Office): U.S. Environmental Protection Agency, Region 5, Office of Superfund, Removal and Enforcement Response Branch, 77 West Jackson Blvd., Chicago, Illinois 60604. Comments should be sent to Ms. Gloria Kilgore at the Office of Regional Counsel (C-29A), United States Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604- 3590. Arlene R. Haas, Assistant Regional Counsel, United States Environmental Protection Agency. [FR Doc. 96-7873 Filed 4-1-96; 8:45 am] BILLING CODE 6560-50-P