Proposed DeMinimis Settlement Under Section 122(g) of the Comprehensive Environmental Response, Compensation and Liability Act; in the Matter of Thermo-Chem, Inc.

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5062-3]

Proposed DeMinimis Settlement Under Section 122(g) of the

Comprehensive Environmental Response, Compensation and Liability Act;

in the Matter of Thermo-Chem, Inc.

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

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SUMMARY: Notice of De Minimis Settlement: in accordance with Section

122(i)(1) of the Comprehensive Environmental Response, Compensation and

Liability Act of 1980, as amended (``CERCLA''), notice is hereby given

of a deminimis settlement concerning past and estimated future response

actions at the Thermo-Chem, Inc. Site in Muskegon, Michigan. U.S. EPA

Region 5 has submitted the proposed agreement to the U.S. Department of

Justice for review concurrent with this request for public comment.

This settlement will not be finalized until the approval process set

forth in Section 122(g)(4) of CERCLA has been completed.

DATES: Comments must be provided on or before October 3, 1994.

ADDRESSES: Comments should be addressed to the Docket Clerk, Mail Code

MFA-10J, U.S. Environmental Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604, and should refer to: In the Matter

of Thermo-Chem, Inc., Docket No. V-W-94-C-246.

FOR FURTHER INFORMATION CONTACT:

Ignacio L. Arrazola, Mail Code CS-29A, U.S. Environmental Protection

Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The following parties executed binding

certifications of their consent to participate in the settlement: 3-M

Company; Acme Belt Recoating, Inc.; Aero-Motive Company; Addison

Products Company; Akemi Plastics; Aker Plastics Company, Inc.; Albion

Industries Inc.; American Bumper & Mfg. Col; Amway Corporation;

Anderson Development Co.; Arkwright Incorporated; Armstrong

International, Inc.; Battle Creek Enquirer; United Dominion Industries,

Inc.; Bissel Inc.; Brammal, Inc.; Browning-Ferris Industries of

Michigan, Inc. and Browning-Ferriss Industries Chemical Services; Inc.;

Burwood Products Company; Paulstra CRC Corporation; Temrac Company,

Inc.; Challenge Machinery Company; Chrysler Corporation; RHI Holdings,

Inc.; Teledyne Continental Motors--GPD; Dana Printing Corporation; L.A.

Darling Company; Pratt & Lambert, Inc.; Die Casting Corporation; Difco

Laboratories Incorporated; The Scott Fetzer Company; Blackmer; Dresser

Industries; East Shore Chemical Fetzer Company; Blackmer; Dresser

Industries; East Shore Chemical Company and Appleton Papers Inc.; Eaton

Corporation; The Egyptian Lacquer Mfg. Inc.; Eli Lilly and Company;

Enamelite Industries, Inc.; Ermanco Incorporated; Paramount

Communications Inc.; Gelman Sciences, Inc.; General Aluminum Products,

Inc. d.b.a Care Free Aluminum Products, Inc.; GPM Industries, Inc.; GM

Engine Division, General Motors; Grand Rapids Label Company, Grand

Transformers, Inc.; Great Lakes Plating; Gridcraft, Inc.; Hanchett

Manufacturing Inc.; Haven-Busch Company; Haviland Products, Co.; Heath

Company; HomeCrest Corporation; Howard Miller Clock Company; Hughes

Engraving-Plainwell, Inc.; Indiana Pressed Steel, Division of General

Cable Corporation; Irwin Seating Company; ITT Automotive; Batts, Inc.;

Warren-Rool Corporation; Freedom Forge Corporation; CHF Industries;

Kewaunee Scientific Equipment, Corporation; Kellog Company; Keyes-Davis

Company; Knape Ind. Inc.; Kux Manufacturing Company; Lamina, Inc.;

Harrow Products. Inc.; Lorin Industries; McNaughton & Gunn, Inc.;

Morse-Hemco Corporation; Michigan Spring Company; Precision Products

Group, Inc.; Thermo-O-Disc, Inc.; Mitchell Corporation of Owasso;

Modern Plastics Corporation Monsanto Chemical Company The Muskegon

Chronicle; Spalding & Evenflo Companies, Inc.; NL Industries, Inc.;

Normic Industries; Panel Processing of Coldwater, Inc.; Owens-Illinois,

Inc.; ABC Industries, Inc.; Plastic Composites Corporation; Plasti-Kote

Company, Inc.; Port City Machine & Tool Co., Machinery Division;

Potlatch Corporation; Precision Heat Treating Corporation; Progressive

Dynamics, Inc. RAP Products, Inc.; RB & W Corporation; Ralston Foods,

Inc.; REHAU Incorporated; Reliance Finishing; CIBA-GEIGY Corporation;

Rinker Boat Co., Inc.; Smithkline Beecham Corporation; Ameriwood

Industries; Scott Paper Company; Metalworks Inc.; Seibert-Oxidermo,

Inc.; Busak + Shamban. Inc.; A.E. Staley Manufacturing Company;

Burgess-Norton Mfg. Co. division of Amsted Industries Incorporated;

Integrated Metal Technology f/k/a/ Star Industries; Sequa Corporation

f/k/a Sun Chemical Corporation; Laidlaw Environmental Service (WT);

Teleflex Incorporated; Tokheim Corporation; Ulrich Chemical, Inc.;

Upjohn Company; Emhart Industries, Inc.; Ypsilanti Press; Holland

Transplanter Co.; Marshall Brass Company; and R.R. Donnelley & Sons

Company.

These parties will pay approximately $7,000,000 in settlement

payments for response costs related to the Thermo-Chem, Inc. Site, if

the United States Environment Protection Agency determines that it will

not withdraw or withhold its consent to the proposed settlement after

consideration of comments submitted pursuant to this notice.

U.S. EPA may enter into this settlement under the authority of

Section 122(g) of CERCLA. Section 122(g) authorizes deminimis

settlements with potentially responsible parties (``PRPs'') that

contributed hazardous substances to a site where those contributions

were small and where the toxicity of the substances contributed is not

significantly different from the other substances brought to the site.

Pursuant to this authority, the agreement proposes to settle with

parties who are responsible for less than 1% of the total volume of

hazardous substances sent to the site. Settling deminimis PRPs will be

required to pay their fair share of the past and estimated future

response costs at the site based on a payment of $14.60 per gallon of

hazardous substances that the party contributed to the Site. The

settlement payment amount includes a premium of 125% against estimated

future response costs to account for potential cost overruns, the

potential for failure of the remedies selected to clean up the site,

and other risks.

A copy of the proposed administrative order on consent and

additional background information relating to the settlement, including

a list of parties to the settlement, are available for review and may

be obtained in person or by mail from Ignacio L. Arrazola, Mail Code

CS-29A, U.S. Environmental Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

The U.S. Environmental Protection Agency will receive written

comments relating to this settlement for thirty days from the date of

publication of this notice.

Authority: The Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, as amended, 42 U.S.C.

Sections 9601 et seq.

Jo Lynn Traub,

Acting Director, Waste Management Division.

[FR Doc. 94-21401 Filed 8-31-94; 8:45 am]

BILLING CODE 6560-50-M