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42 U.S.C. 122(I), Proposed Administrative Agreement for Collection of CERCLA Response and Oversight Costs

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: February 15, 2002 (Volume 67, Number 32)]
[Notices]
[Page 7176-7177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe02-78]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7146-3]
 
42 U.S.C. 122(I), Proposed Administrative Agreement for 
Collection of CERCLA Response and Oversight Costs

AGENCY: Environmental Protection Agency (USEPA).
ACTION: Proposed CERCLA 122(h) Administrative Agreement.

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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 response and oversight costs at the Chippewa Avenue Area Groundwater 
Contamination Superfund Site. The Respondent has agreed to pay $65,000 
out of total unrecovered response and oversight costs of approximately 
$695,582,81, and in return will receive a covenant not to sue and 
contribution protection from USEPA. USEPA today is proposing to execute 
this Agreement because the settlement, in combination with $1,000,000 
received for the Site pursuant to an April 15, 1993, settlement of a 
USEPA claim in the LTV Steel bankruptcy proceedings, achieves 
collection of approximately 63% of total Site costs.

DATES: Comments on this proposed settlement must be received on or 
before March 18, 2001.

ADDRESSES: Copies of the proposed settlement are available at the 
following address for review: (It is recommended that you telephone 
Fouad Dababneh at (312) 353-3944 before visiting the Region V Office). 
Fouad Dababneh, U.S. Environmental Protection Agency, Region V, 77 W. 
Jackson Boulevard, (SR-6J), Chicago, Illinois 60604-3590, (312) 353-
3944.
    Comments on this proposed settlement should be addressed to: 
(Please submit an original and three copies, if possible) Fouad 
Dababneh, U.S. Environmental Protection Agency, Region V, 77 W Jackson 
Boulevard, (SR-6J), Chicago, Illinois 60604-3590, (312) 353-3944.

FOR FURTHER INFORMATION CONTACT: Fouad Dababneh at (312) 353-3944.

SUPPLEMENTARY INFORMATION: The Chippewa Site is an approximately four 
square mile area centered on the intersection of Chippewa and Main 
streets in South Bend, Indiana. Located within the Chippewa Avenue Area 
Groundwater contamination Site are the Rum Village and South Well Field 
municipal drinking water supply wells. In 1997, the City of South Bend 
and the Indiana Department of Environmental Management (IDEM) requested 
EPA assistance in investigating dissolved solvents contamination in the 
South and Rum Village well fields. Accordingly, in response to the 
release or threatened release of hazardous substances at or from the 
Site, EPA undertook response actions at the Site pursuant to Section 
104 of CERCLA, 42 U.S.C. 9604.
    In October 1997, Region 5 initiated a groundwater investigation to 
identify the types and concentrations of groundwater contaminants in 
the vicinity of the South Well Field. Data from the groundwater 
investigation was intended to be used in the design of an interim 
treatment system for the South Well Field. In 1998, however, IDEM 
entered into an agreement with certain parties, including The Toro 
Corporation, for installation of an air stripper treatment system for 
the two well fields. The air stripper system has since been installed. 
As a result, Region 5 does not expect to incur additional costs for the 
Site.
    As a part of an April 15, 1993, bankruptcy settlement with LTV 
Steel, AM General (a subsidiary of LTV Steel)

[[Page 7177]]

agreed to pay $1,000,000 into the Superfund in exchange for the United 
States' agreement not to object to AM General's liquidation plan on the 
basis that the plan failed to provide for remediation of the AM General 
facility in South Bend, Indiana. The AM General facility is within the 
Chippewa Avenue Area Groundwater Contamination Site and so EPA placed 
the LTV Steel bankruptcy funds into a special account for this site.
    Total EPA costs through June 30, 2001 are $1,695,582.81. Of that 
amount, $1,000,000 has been offset against a special account for the 
Site leaving a balance of $695,582.81.
    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 Fouad Dababneh 
(SR-6J), U.S. Environmental Protection Agency, Region V, 77 W. Jackson 
Boulevard, Chicago, Illinois 60604-3590.

William E. Muno,
Director, Superfund Division.
[FR Doc. 02-3768 Filed 2-14-02; 8:45 am]
BILLING CODE 6560-50-M

 
 

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