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Notice of Proposed Agreement for Recovery of Past Response Costs Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as Amended, 42 U.S.C. 9622(h)(1), Tru- Fit Battery Superfund Site, Carroll, IA, Docket No. CERCLA-07-2004-0300

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

 [Federal Register: January 16, 2007 (Volume 72, Number 9)]
[Notices]
[Page 1722-1723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja07-53]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8268-8]

Notice of Proposed Agreement for Recovery of Past Response Costs
Under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as Amended, 42 U.S.C. 9622(h)(1), Tru-
Fit Battery Superfund Site, Carroll, IA, Docket No. CERCLA-07-2004-0300

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.

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SUMMARY: Notice is hereby given that a proposed agreement regarding the
Tru-Fit Battery Superfund Site located in Carroll, Iowa, will be signed
by the Environmental Protection Agency following completion of the
public comment period.

DATES: Comments must be submitted on or before February 15, 2007.

ADDRESSES: Comments should be addressed to J. Scott Pemberton, Senior
Assistant Regional Counsel, Environmental Protection Agency, Region
VII, 901 N. 5th Street, Kansas City, Kansas 66101, and should refer to:
In the Matter of Tru-Fit Battery Superfund Site, Carroll, Iowa, Docket
No. CERCLA-07-2004-0300.
    The proposed agreement may be examined or obtained in person or by
mail from Kathy Robinson, Regional Hearing Clerk, at the office of the
Environmental Protection Agency, Region VII, 901 N. 5th Street, Kansas
City, Kansas 66101, (913) 551-7567.

SUPPLEMENTARY INFORMATION: This proposed Agreement concerns the Tru-Fit
Battery Superfund Site, located in Carroll, Iowa, and is made and entered

[[Page 1723]]

into by the EPA and T.J.'s Enterprises, Inc. (``the Settling Party'').
    In response to the release or threatened release of hazardous
substances including lead at or from the Site, EPA undertook response
actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. 9604.
In April 1998, response actions were initiated by EPA to address the
release of lead to surface and subsurface soils at the Site. Excavation
of lead-contaminated soils began in December 1998, resulting in the
excavation, on-Site treatment and off-Site disposal of approximately 2,650
tons of lead-contaminated material. The soils were excavated to below 1000
parts per million, a level suitable only for limited uses of the property.
EPA's response action has been completed and all costs incurred.
    Pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), the
Settling Party is responsible for response costs incurred at or in
connection with the Site. The Regional Administrator of EPA, Region
VII, or his designee, has determined that the total past and projected
response costs of the United States at or in connection with the Site
will not exceed $500,000, excluding interest.
    This Agreement requires the Settling Party to pay to the EPA
Hazardous Substance Superfund the principal sum of $45,000 in
reimbursement of Past Response Costs, and will resolve the Settling
Party's alleged civil liability for these costs. The proposed Agreement
also includes a covenant not to sue the Settling Party pursuant to
Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

    Dated: December 21, 2006.
John B. Askew,
Regional Administrator, Environmental Protection Agency, Region VII.
[FR Doc. E7-412 Filed 1-12-07; 8:45 am]
BILLING CODE 6560-50-P

 
 

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