Proposed CERCLA De Minimis Waste Contributor Administrative Order on Consent for the Ninth Avenue Dump Site

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4825-8]

Proposed CERCLA De Minimis Waste Contributor Administrative Order

on Consent for the Ninth Avenue Dump Site

agency: U.S. Environmental Protection Agency (``U.S. EPA'').

action: Proposal of CERCLA De Minimis Waste Contributor Administrative

Order on Consent for the Ninth Avenue Dump Site.

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summary: U.S. EPA proposes to address the potential liability of the

Institute of Gas Technology (``IGT'') under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(``CERCLA''), 42 U.S.C. 9601 et seq., as amended by the Superfund

Amendments and Reauthorization Act of 1986 (``SARA''), Pub. L. 99-499,

in connection with the Ninth Avenue Dump Site (``the Facility'') by

execution of a CERCLA de minimis waste contributor Administrative Order

on Consent (``AOC'') prepared pursuant to 42 U.S.C. 9622(g). The key

terms and conditions of the AOC may be briefly summarized as follows:

(1) IGT would agree to a settlement amount of $1,019,723.53, U.S. EPA

would credit IGT for $340,863.00 for the amount already contributed by

IGT toward the cleanup of the Facility, and, accordingly, IGT would pay

$678,860.53 to the Hazardous Substance Superfund; (2) U.S. EPA would

covenant not to sue IGT for ``covered matters'' which are defined as

any and all civil liability in connection with the Facility for

reimbursement of response costs or for injunctive relief pursuant to

CERCLA Sections 106 and 107 and RCRA Section 7003; (3) IGT would agree

to the following reservations of rights and reopeners (i.e.,

limitations on the covenant not to sue) by U.S. EPA--(a) U.S. EPA could

sue IGT for failure to make a payment required by the AOC and/or in

connection with any matter not expressly included in ``covered

matters'', (b) the covenant not to sue becomes null and void if (i)

U.S. EPA discovers that IGT contributed more than 400,000 gallons or

1.2% of the estimated total volume of hazardous substances at the

Facility, (ii) U.S. EPA discovers that IGT's waste contributions

contribute disproportionately to the toxic or other hazardous effects

of the hazardous substances at the Facility, or (iii) IGT fails to make

a payment required by the AOC.

dates: Comments on the proposed AOC must be received by U.S. EPA on

February 25, 1994.

addresses: A copy of the proposed AOC is available for review at U.S.

EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Please contact Bernie Schorle at (312) 886-4746, Michael Berman at

(312) 886-6837, or Mike Anastasio at (312) 886-7951, prior to visiting

the Region 5 office.

Comments on the proposed AOC should be addressed to Michael R.

Berman and Mike Anastasio, Office of Regional Counsel, U.S. EPA, Region

5, 77 West Jackson Boulevard (Mail Code CS-3T), Chicago, Illinois

60604.

for further information contact: Michael Berman at (312) 886-6837, or

Mike Anastasio at (312) 886-7951, of the U.S. EPA Region 5 Office of

Regional Counsel.

supplementary information: The Facility is located in Gary, Indiana,

and was operated as a hazardous waste storage facility until the mid-

1970s. Consequently, in 1983, the Facility was placed on the National

Priority List. On December 7, 1988, U.S. EPA issued a Unilateral

Administrative Order (``UAO'') pursuant to Section 106(a) of CERCLA, 42

U.S.C. 9606(a), to the Facility operator and other Potentially

Responsible Parties (``PRPs'') for the performance of a Phase I

Operable Unit, or interim, remedy. The Phase I Operable Unit remedy

included construction of a slurry wall around the contaminated portion

of the Facility, extraction of contaminated oil floating on surface

groundwater, and storage of the oil at the Facility until

implementation of the final remedy. In May, 1992, Phase I Operable Unit

Remedial Action construction activities were completed. Phase I

Operation and Maintenance activities are ongoing. In March, 1989, U.S.

EPA proposed a final remedial action plan. After considering the public

comments which it received, U.S. EPA selected a final, or Phase II

Operable Unit, remedy for the Facility. On August 17, 1989, U.S. EPA

issued a second UAO pursuant to Section 106(a) of CERCLA, 42 U.S.C.

9606(a), to PRPs for performance of the Phase II Operable Unit remedy.

The Phase II Operable Unit remedy provides for excavation of

contaminated waste and fill; removal of contaminated sediment and

debris from surface water bodies; treatment of excavated waste, fill

and highly contaminated sediments; back-filling of the excavated area,

installation of a RCRA Subtitle C cap; and extraction, treatment and

reinjection of contaminated groundwater. Phase II Operable Unit

remediation activities are ongoing.

In 1991, a de minimis settlement was entered into between U.S. EPA

and 86 PRPs associated with the Facility. IGT was not provided an

opportunity to participate in the 1991 de minimis settlement because

the waste-in volumetric ranking at that time allocated to IGT a waste-

in estimate that did not meet the de minimis cutoff for that

settlement. However, during the public comment period for the 1991 de

minimis settlement, IGT submitted comments arguing that it qualified

for de minimis eligibility. In response to IGT's comments, U.S. EPA

stated that ``the Agency has not foreclosed the possibility of an

additional settlement, should one be warranted, to include such parties

at IGT.'' Since that time, U.S. EPA has received sufficient information

to make an appropriate determination, pursuant to Section 122(g) of

CERCLA, 42 U.S.C. 9622(g), and all relevant U.S. EPA policy and

guidance documents, that IGT is eligible for a de minimis settlement

under the terms embodied in the AOC and in light of all the presently

known facts and circumstances involving the Facility.

A 30-day period, commencing on the date of publication of this

notice, is open pursuant to Section 122(i) of CERCLA, 42 U.S.C.

9622(i), for comments on the proposed AOC. Comments should be sent to

the addressees identified in this notice.

William H. Sanders II,

Acting Regional Administrator, U.S. Environmental Protection Agency,

Region 5.

[FR Doc. 94-1626 Filed 1-25-94; 8:45 am]

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