Federal Register: February 12, 1998 (Volume 63, Number 29)NoticesPage 7168From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr12fe98-54

ENVIRONMENTAL PROTECTION AGENCY

FRL-5956-7Proposed Agreement and Covenant Not To Sue for the Allied Paper/ Portage Creek/Kalamazoo River Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposal of agreement and covenant not to sue for the Allied Paper/Portage Creek/Kalamazoo River superfund site.

SUMMARY: In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499 (``CERCLA''), and section 7003(d) of the Resources Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973(d), notification is hereby given that a proposed Agreement and Covenant Not to Sue (``Agreement'') for a portion of the Allied Paper/Portage Creek/ Kalamazoo River Superfund Site (``the Site''), located in Kalamazoo and Allegan Counties, Michigan, has been executed by Building Materials Corporation of America (``BMCA'') and GAF Kalamazoo Acquisition Corp. (``GAF Kalamazoo''). The proposed Agreement has been submitted to the Attorney General for approval.

The Michigan Department of Environmental Quality, in consultation with EPA, is currently overseeing response activities at the Site. Response activities are being conducted by four of the potentially responsible parties under the terms of an Administrative Order by Consent negotiated with the State of Michigan. The Site is on the NPL, and response activities are expected to continue for several years. The Kalamazoo, Michigan area has been designated a national Brownfields Pilot community.

BMCA and GAG Kalamazoo intend to lease and redevelop a small portion of the Site in connection with the manufacturing of roofing materials. The proposed Agreement would resolve certain potential claims of the United States and the State of Michigan under Sections 106 and 107(a) of CERCLA, 42 U.S.C. sections 9606 and 9607(a), and section 7003 of RCRA, 42 U.S.C. 6973 against BMCA and GAF Kalamazoo. The United States and the State of Michigan would also release potential claims for natural resource damages. Under the terms of the proposed agreement, BMCA and GAF Kalmazoo would conduct soil and groundwater investigations at the leased property, and would implement response activities thereafter, as approved by MDEQ, in consultation with EPA.

DATES: Comments on the proposed Agreement must be received on or before March 16, 1998.

ADDRESSES: A copy of the proposed Agreement is available for review at U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please contact Eileen L. Furey at (312) 353-6124, prior to visiting the Region 5 office.

Comments on the proposed Agreement should be addressed to Eileen L. Furey, Associate Regional Counsel, U.S. EPA, Region 5, 77 West Jackson Boulevard (Mail Code C-14J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Eileen L. Furey, Associate Regional Counsel, at the address and phone number specified above.

A 30-day period, commencing on the date of publication of this document is open for comments on the proposed Agreement. Comments should be sent to the addressee identified in this document. William E. Muno, Director, Superfund Division, Region 5.

FR Doc. 98-2362Filed2-11-98; 8:45 amBILLING CODE 6560-50-M