Environmental Protection Agency (EPA).
Notice; request for public comment for the NL Industries (Taracorp) Site.
In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past and projected future response costs concerning the NL Industries (Taracorp) Site, with the total of 78 settling parties listed in the Supplementary Information portion of this notice. The settlement requires the settling parties to pay $1,960,888.51 to the Hazardous Substance Superfund.
The total cost of the cleanup is approximately $63 million. This number is the sum of EPA's past costs of approximately $43 million, plus costs incurred by certain potentially responsible parties of approximately $20 million. For purposes of settlement, site costs have been allocated approximately 50% to generators and 50% to owner/operators. Since all deminimis parties are generators, the deminimis percentage share of site costs is based on fifty percent of total site costs, or $30 million. Total future site costs were assigned a premium of 20%. Payment amounts for each deminimis generator's percentage share of volume contributed to the site.
Under the terms of the settlement, the deminimis generators who sign the Consent Order agree to pay their respective settlement amounts. In exchange for those payments, the United States covenants not to sue or take administrative action pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9609 and 9607(a), relating to the Site. In addition, participating deminimis generators will be entitled to protection from contribution action or claims as provided by sections 113(f) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f) and 9622(g)(5), for all response costs incurred and to be incurred by any person at the Site.
For thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA's Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois 60604.
Comments must be submitted on or before February 25, 2004.
The proposed settlement is available for public inspection at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, Illinois 60604. A copy of the proposed settlement may be obtained from Larry L. Johnson, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-6609. Comments should reference the NL Industries (Taracorp) Site, and should be addressed to Larry L. Johnson, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, Illinois 60604.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Larry L. Johnson, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 77 Start Printed Page 3584W. Jackson Blvd., Chicago, Illinois 60604, telephone 312-886-6609.End Further Info End Preamble Start Supplemental Information
The following is a list of the settling deminimis generators:
1. Mayfield Manufacturing Company f/k/a 3-H Industries
2. A. Edelstein & Sons
3. A.O. Smith Corporation
4. Ace Comb Company
5. Acme Iron & Metal Co.
6. Acro Sales & Engineering
7. Allied Metal Company
8. Amax Inc./Amax Lead & Zinc a/k/a Cyprus Amax Minerals Company
9. American National Can Company
10. Baker Iron & Metal
11. Ball Metal & Chemical
12. Barter Machinery & Supply Company
13. Ben Greenberg Company
14. Bill's Auto Parts
15. C.L. Downey Company
16. Braschnewitz Corp. n/k/a CNC Industries, Inc.
17. Cerro Copper Products Co.
18. Daimler-Chrysler Corporation
19. Crown Beverage Packaging, Inc. a/k/a Continental Can Company
20. Delhi Battery & Supply Co, Inc.
21. Douglas Battery Manufacturing Comp.
22. Dumes, Inc.
23. Elden R. Erikson & Sons, Inc.
24. Electro Battery Manufacturing Co.
25. Farmland Industries
26. Fisher Steel & Supply Co.
27. G & M Scrap Metal
28. Grossman Iron & Steel Company
29. Herman Strauss, Inc.
30. Houston Salvage
31. Industrial Electrical Equipment Co.
32. Intra-American Metals
33. J. Trockman & Sons
34. L. Kahn & Sons f/k/a L. Kahn & Son
35. La Salle Steel Company
36. Lear Corporation EEDS & Interiors f/k/a Bryan Manufacturing
37. Lewis Salvage Co.
38. M. Katch & Co. Inc.
39. McGraw Edison Company
40. Mallin Brothers Company
41. Marco Steel Supply
42. Martin Brothers Mill & Foundry Supply
43. McKinley Iron, Inc.
44. Miller Compressing Company
45. Milwaukee Scrap Metal Co.
46. Modine Manufacturing
47. Morris Tick Company
48. Northbrook Sports Club
49. Qwest f/k/a Northwestern Bell Telephone Company
50. Olin Corporation
51. Parks Pioneer Company, LLC f/k/a Parks Iron & Metal
52. The Peltz Group, Inc. f/k/a Peltz Brothers
53. Pequea Battery Company
54. General Mills, Inc./The Pillsbury Company a/k/a Pet, Inc.
55. Schering—Plough Healthcare Products, Inc. f/k/a Plough, Inc.
56. Newman/Allen Enterprises, Inc. f/k/a Sam Allen & Son, Inc.
57. College of the Ozarks f/k/a School of the Ozarks
58. Schuster Metals, Inc.
59. Senser Metal Company
60. Shapiro Sales Company
61. Shostak Iron & Metal Co., Inc.
62. Slesnick Iron & Metal
63. Southwestern Bell Telephone Company
64. Stewart-Warner Corp.
65. Omni Source Corp Foundry f/k/a Superior Companies, Inc.
66. The Board of Trustees of the University of Illinois
67. Versatile Metals
68. Vivo Iron & Metal
69. Wallach Iron & Metal Company
70. Willoughby Iron & Waste Material Co. $21,639.60
71. Westinghouse Air Brake Technologies Corporation—Wabtec f/k/a—Young Radiator Company
72. Parkans International, Inc.
74. Rankin Technical Institute
75. Crown Cork & Seal Corporation
Settling Federal Agencies
1. General Services Administration
2. Department of Energy (Stanford Linear Accelerator)
3. Bureau of Prisons (Unicor Federal Prison Industries, Inc.)Start Signature
Dated: January 9, 2004.
Wendy L. Carney,
Acting Director, Superfund Division.
[FR Doc. 04-1546 Filed 1-23-04; 8:45 am]
BILLING CODE 6560-50-P