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Proposed CERCLA 122(h) Administrative Agreement for Collection of Past Costs

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[Federal Register: December 12, 2001 (Volume 66, Number 239)]
[Notices]
[Page 64263]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de01-123]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7116-9]
 
Proposed CERCLA 122(h) Administrative Agreement for Collection of 
Past Costs

AGENCY: U.S. Environmental Protection Agency (USEPA).
ACTION: Notice.

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SUMMARY: USEPA is proposing to execute an Administrative Agreement 
(Agreement) under section 122 of CERCLA for collection of a percentage 
of past response costs at the SCD Chemical Superfund Site. The Settling 
Party, the Bankruptcy Trustee for the bankruptcy estate of the owner of 
the property upon which the Superfund Site is located, has agreed, to 
pay 50% of the net proceeds of sale of the Site property (after payment 
of the real estate broker's commission, transfer taxes, and closing 
costs, and liens, such as real property taxes). The property was sold 
for $150,000 and the proposed distribution to EPA from the sale has 
been determined by the parties to be 39,768.63. The Settling Party 
would receive an agreement to make no further claim against the 
Debtor's estate for its response costs, except for the proposed 
distribution from the proceeds of the sale of the Subject Property. 
USEPA today is proposing to execute this Agreement because it provides 
reimbursement to USEPA for part of its past costs at the SCD Chemical 
Site.

DATES: Comments on this proposed settlement must be received by January 
11, 2002.

ADDRESSES: Copies of the proposed settlement are available at the 
following address for review: (It is recommended that you telephone Ms. 
Cheryl Allen at (312) 353-6196 before visiting the Region V Office).
    Ms. Cheryl Allen, OPA (P19-J), Coordinator, Office of Public 
Affairs, U.S. Environmental Protection Agency, Region V, 77 W. Jackson 
Boulevard (P-19J), Chicago, Illinois 60604, (312) 353-6196.
    Comments on this proposed settlement should be addressed to: 
(Please submit an original and three copies, if possible)
    Ms. Cheryl Allen, Coordinator, Office of Public Affairs, U.S. 
Environmental Protection Agency, Region V, 77 W. Jackson Boulevard (P-
19J), Chicago, Illinois 60604, (312) 353-6196.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Allen, Office of Public 
Affairs, at (312) 353-6196.

SUPPLEMENTARY INFORMATION: The Site is approximately a 3-acre property 
with two abandoned industrial buildings and open grounds area and is 
located at 14100 Fullerton Avenue in Detroit, Michigan (Wayne County). 
The Site before the Superfund removal action contained approximately 
900 55-gallon drums and numerous smaller containers filled with 
material, including hazardous substances, from the chemical packaging 
and distribution operation that was located on the Site. All of these 
materials were removed. Pursuant to the terms of the administrative 
agreement the Settling Party has agreed to pay 50% of the net proceeds 
of sale of the Site property (after payment of the real estate broker's 
commission, transfer taxes, and closing costs, and liens, such as real 
property taxes) towards past costs associated with investigation and 
enforcement of CERCLA at the Site. The property was sold for $150,000 
and the proposed distribution to EPA from the sale has been determined 
by the parties to be $39,768.63. The Site is not on the National 
Priorities List. The Agreement has been executed by the Settling Party. 
The Settling Party would receive an agreement to make no further claim 
against the Debtor's estate for its response costs, except for the 
proposed distribution from the proceeds of the sale of the Subject 
Property.
    A 30-day period, beginning on the date of publication, is open 
pursuant to section 122(i) of CERCLA for comments on the proposed 
Administrative Agreement.
    Comments should be sent to Ms. Cheryl Allen of the Office of Public 
Affairs (P-19J), U.S. Environmental Protection Agency, Region V, 77 W. 
Jackson Boulevard, Chicago, Illinois 60604.

William E. Muno,
Director, Superfund Division, United States Environmental Protection 
Agency.
[FR Doc. 01-30742 Filed 12-11-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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