[Federal Register: August 7, 1998 (Volume 63, Number 152)] [Notices] [Page 42397-42398] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07au98-102] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-6139-5] Notice of Proposed CERCLA Section 122(h)(1) Administrative Cost Recovery Settlement AGENCY: Environmental Protection Agency (EPA). ACTION: Proposal of CERCLA section 106 abatement action and section 122(h)(1) administrative cost recovery settlement for the Cecil's Transmission Repair site. ----------------------------------------------------------------------- SUMMARY: U.S. EPA proposes to address the potential liability of Buhl and Laura Smith (``Settling Parties'') under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq., by providing for performance of removal actions to abate an imminent and substantial endangerment to the public health, welfare or the environment resulting from the actual or threatened release of hazardous substances at or from the Cecil's Transmission Repair Site (``the Site''), located at 197 and 209 Collier Road, Doylestown, Wayne County, Ohio. U.S. EPA proposes to address the potential liability of the Settling Parties by execution of a CERCLA section 122(h)(1) Administrative Order on Consent (``AOC''), prepared pursuant to 42 U.S.C. 9622(h)(1). The key terms and conditions of the AOC may be briefly summarized as follows: (1) The Settling Parties agree to remove and dispose of all hazardous waste located on the portion of the Site they own, including drums; (2) U.S. EPA provides the Settling Parties a covenant not to sue for recovery of response costs (past and oversight costs) pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), and contribution protection as provided by CERCLA sections 113(f)(2) and 122(h)(4), 42 U.S.C. 9613(f)(2) and 9622(h)(4), conditioned upon satisfactory completion of obligations under the AOC. The Site is not on the NPL, and no further response activities at the Site are anticipated at this time. The total response costs connected with [[Page 42398]] the Site are not expected to approach or exceed $500,000. The AOC was signed by the Director, Superfund Division, U.S. EPA, Region V, on May 29, 1997. DATES: Written comments on the proposed AOC must be received by U.S. EPA on or before September 8, 1998. ADDRESSES: The proposed settlement and the Agency's response to any comments received will be available for public inspection at U.S. EPA Records Center, Room 714, 77 West Jackson Boulevard, Chicago, Illinois 60604. A copy of the proposed settlement may be obtained from U.S. EPA Office of Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604. Comments should reference the Cecil's Transmission Repair Site, Doylestown, Ohio, and EPA Docket No. V-W-97-C-408, and should be addressed to Ms. Hedi Bogda-Cleveland, U.S. EPA Office of Regional Counsel, 77 West Jackson Boulevard, Chicago, Illinois 60604. FOR FURTHER INFORMATION CONTACT: Ms. Hedi Bogda-Cleveland of the U.S. EPA Region 5 Office of Regional Counsel, at (312) 886-5825. T. Leverett Nelson, Acting Chief, Multi-Media Branch I, Office of Regional Counsel, Region 5. [FR Doc. 98-21204 Filed 8-6-98; 8:45 am] BILLING CODE 6560-50-P