[Federal Register: October 13, 1999 (Volume 64, Number 197)]
[Notices]               
[Page 55473-55474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc99-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6454-6 ]

 
Proposed Administrative Settlement Under Section 7003 of the 
Resource Conservation and Recovery Act; Aerovox Incorporated

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement agreement and request for public 
comment.

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SUMMARY: The Environmental Protection Agency (``EPA'') is proposing to 
enter into a settlement agreement with Aerovox Incorporated of New 
Bedford, Massachusetts to address claims under Section 7003 of the 
Solid Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, and further amended by the Hazardous and Solid Waste 
Amendments of 1984 (``RCRA''), 42 U.S.C. 6973. Notice is being 
published to inform the public of the proposed settlement and the 
opportunity for a public meeting and to comment on the proposed 
settlement. The settlement is intended to resolve the liability of 
Aerovox Incorporated under section 7003 of RCRA and sections 16 and 17 
of the Toxic Substances and Control Act, as amended, 15 U.S.C. 2615 and 
2616, for conditions at its plant and real property located at 740 
Belleville Avenue in New Bedford, Massachusetts which may present an 
imminent and substantial endangerment to health and/or the environment. 
Under the proposed settlement, Aerovox Incorporated will relocate to a 
new facility and will demolish and construct a cap over impacted soil 
at its current facility. In the interim, Aerovox Incorporated will take 
steps to protect its employees at its current facility and will provide 
security and maintenance for the facility upon evacuation and 
relocation. Once Aerovox Incorporated has demolished its current 
facility; properly disposed of PCB-contaminated building debris; and 
constructed an engineered cap over the soil to prevent any further 
spread of PCB contamination, Aerovox Incorporated will receive a 
covenant not to sue from EPA under Section 7003 of RCRA and Sections 16 
and 17 of TSCA for the soils at the 740 Belleville Avenue property and 
the previous presence of polychlorinated biphenyls in the building to 
be demolished on that property. The settlement has been approved by EPA 
Region I, subject to review by the public pursuant to this Notice. EPA 
will consider all comments received and may modify or withdraw

[[Page 55474]]

its consent to the settlement if comments received disclose facts or 
considerations which indicate that the settlement is inappropriate, 
improper or inadequate.

DATES: Comments on the proposed settlement and requests for a public 
meeting in New Bedford must be submitted on or before November 12, 
1999.

ADDRESSES: The proposed settlement is available for public inspection 
at the New Bedford Free Public Library, 613 Pleasant Street, New 
Bedford, Massachusetts and at the offices of EPA, Region I, One 
Congress Street, Suite 1100, Boston, Massachusetts 02114-2023. A copy 
of the proposed settlement may be obtained from Eve S. Vaudo, U.S. 
Environmental Protection Agency, New England, Region I, One Congress 
Street, Suite 1100 (SES), Boston, Massachusetts 02114-2023, (617) 918-
1089. Comments and requests for a public meeting should be addressed to 
Marianne Milette, Senior Enforcement Coordinator, U.S. Environmental 
Protection Agency, New England, Region I, 1 Congress Street, Suite 1100 
(SEA), Boston, MA 02114-2023, and should refer to Proposed 
Administrative Agreement under Section 7003 of the Resource 
Conservation and Recovery Act; Aerovox Incorporated, New Bedford, 
Massachusetts; Docket No. RCRA-1-99-0054.

FOR FURTHER INFORMATION CONTACT: Eve S. Vaudo, Enforcement Counsel, 
U.S. Environmental Protection Agency, New England, Region I, 1 Congress 
Street, Suite 1100 (SES), Boston, MA 02114-2023, (617) 918-1089.

    Dated: September 29, 1999.
John P. DeVillars,
Regional Administrator, U.S. EPA, Region I.
[FR Doc. 99-26666 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P