83 FR 62319 - Proposed CERCLA Administrative Settlement Agreement; A&L Iron and Metal Company, Inc.

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 232 (December 3, 2018)

The Environmental Protection Agency (EPA) hereby gives notice of a proposed Administrative Settlement Agreement (Settlement) pertaining to collection of Past Response Costs for a Fund-lead Removal Action occurring between 2014 and 2015, at an approximately 16-acre former industrial equipment manufacturing facility in Saginaw (Saginaw County), Michigan, the Baker Perkins Superfund Site (``Site''). The Settlement requires A&L Iron and Metal Company, Inc. (``A&L'') to pay $1,611,788.29 (plus an additional sum for interest on that amount calculated from March 31, 2018 through the date of payment to EPA) for EPA's Past Response Costs within 45 days of the Effective Date of the Settlement, in return for a covenant against any and all liability for EPA Response Costs at the Site, and contribution protection against any and all other liable parties.

[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Notices]
[Pages 62319-62320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26230]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R5-Superfund V-W-19-C-001; FRL-9987-21-Region 5]


Proposed CERCLA Administrative Settlement Agreement; A&L Iron and 
Metal Company, Inc.

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice 
of a proposed Administrative Settlement Agreement (Settlement) 
pertaining to collection of Past Response Costs for a Fund-lead Removal 
Action occurring between 2014 and 2015, at an approximately 16-acre 
former industrial equipment manufacturing facility in Saginaw (Saginaw 
County), Michigan, the Baker Perkins Superfund Site (``Site''). The 
Settlement requires A&L Iron and Metal Company, Inc. (``A&L'') to pay 
$1,611,788.29 (plus an additional sum for interest on that amount 
calculated from March 31, 2018 through the date of payment to EPA) for 
EPA's Past Response Costs within 45 days of the Effective Date of the 
Settlement, in return for a covenant against any and all liability for 
EPA Response Costs at the Site, and contribution protection against any 
and all other liable parties.

DATES: Comments must be post marked or received on or before January 2, 
2019.

ADDRESSES: The proposed settlement agreement and related site documents 
can be viewed at the Superfund Records Center, (SRC-7J), United States 
Environmental Protection Agency, Region 5, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 886-4465 and on-line at www.epa.gov/superfund/baker_perkins.

FOR FURTHER INFORMATION CONTACT: Further information or a copy of the 
Settlement may be obtained from either Thomas P. Turner, Office of 
Regional Counsel (C-14J), U.S. Environmental Protection Agency, Region 
5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6613 or 
[email protected] or Superfund Division Enforcement Specialist Mike 
Rafati, Superfund Division (SR-5J), U.S. Environmental Protection 
Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, 
(312) 886-0390 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background Information

    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 
Settlement pertaining to the Baker Perkins Superfund Site in Saginaw, 
Saginaw County, Michigan, with the following settling party: A&L Iron 
and Metal Company, Inc. The Settlement requires A&L to pay 
$1,611,788.29 (plus an additional sum for interest on that amount 
calculated from March 31, 2018 through the date of payment to EPA) for 
EPA's Past Response Costs within 45 days of the Effective Date of the 
Settlement.
    The Settlement includes an EPA covenant not to sue the settling 
party and contribution protection, pursuant to Sections 107(a), 
113(f)(2), and 122(h)(4) of CERCLA, 42 U.S.C. Sections 9607(a), 
9613(f)(2), and 9622(h)(4).

II. Opportunity To Comment

A. General Information

    For thirty (30) days following the date of publication of this 
notice, the Agency will receive 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.

B. Where do I send my comments or view responses?

    Your comments should be mailed to Mike Rafati, Superfund Division 
(SR-5J), U. S. Environmental Protection Agency, Region 5, 77 W Jackson 
Boulevard, Chicago, Illinois 60604, or [email protected]. The 
Agency's response to any comments received will be available for public 
inspection at the Superfund Records Center.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit such information to EPA through an agency website or via email. 
Clearly mark the part or all the information that you claim to be CBI. 
For CBI information in a disk or CD-ROM that you mail to EPA, mark the 
outside of the disk or CD-ROM as CBI and then identify electronically 
within the disk or CD-ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (site name, Federal Register date and page 
number).
     Follow directions--the agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree with the terms of the 
Settlement; suggest alternatives and substitute language for your 
requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.

[[Page 62320]]

     Make sure to submit your comments by the identified 
comment period deadline.

    Dated: November 14, 2018.
Douglas A. Ballotti,
Acting Director, Superfund Division.
[FR Doc. 2018-26230 Filed 11-30-18; 8:45 am]
 BILLING CODE 6560-50-P