[Federal Register: May 10, 2002 (Volume 67, Number 91)]
[Notices]               
[Page 31804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my02-61]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7210-4]

 
Proposed Agreement Pursuant to Section 122(h)(1) of CERCLA for 
the Beloit Corporation Superfund Site

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice; request for public comment on proposed CERCLA 122(h)(1) 
agreement for the Beloit Corporation Superfund Site.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), notice is hereby given of a proposed 
administrative cost recovery settlement under Section 122(h)(1) of 
CERCLA concerning the Beloit Corporation Superfund Site in Rockton, 
Illinois (the ``Site''). The proposed settlement was signed by the 
Director, Superfund Division, of Region 5, EPA on February 13, 2002, 
and has been approved by the Assistant Attorney General for the 
Environment and Natural Resources Division of the U.S. Department of 
Justice. The settlement has also been approved by the Chief Legal 
Counsel for the Illinois Environmental Protection Agency, and by the 
Chief of the Environmental Bureau of the Illinois Attorney General's 
Office.
    Pursuant to the terms of the proposed settlement, Giuffre II, a 
limited liability company under Wisconsin law (``Giuffre''), will 
resolve: (1) Its alleged civil liability under CERCLA as an operator at 
the Site; and (2) its potential liability for Existing Contamination, 
as that term is defined in the settlement agreement, which would 
otherwise result from Giuffre becoming the owner and/or operator of the 
Beloit Property. Giuffre will make effective one or more irrevocable 
letters of credit in the total amount of $3 million. After the 
selection of the final remedial action for the Site in a Record of 
Decision (``ROD''), which EPA currently expects to occur in September 
of 2002, EPA will engage in Remedial Design/Remedial Action (``RD/RA'') 
negotiations with Giuffre. As provided by section 121(f)(1)(F), the 
State of Illinois will be provided the opportunity to participate in 
those negotiations. If those negotiations are successful, Giuffre will 
enter into an RD/RA Consent Decree, and EPA will release and return any 
unexercised letters of credit to Giuffre upon that company's 
substitution of financial assurance meeting the requirements of the RD/
RA Consent Decree. In the event RD/RA negotiations are unsuccessful, 
then EPA will draw on the letters of credit provided by Giuffre and 
transfer the proceeds into a Beloit Special Account, to be used to pay 
for the costs associated with the remedial action selected in the ROD.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
proposed 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. The Agency's 
response to any comments received will be available for public 
inspection at the Talcott Free Library, located at 101 East Main 
Street, Rockton, Illinois 61072, and at EPA, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.

DATES: Comments must be submitted on or before June 10, 2002.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at 77 West Jackson Boulevard, Chicago, Illinois 60604. A 
copy of the proposed settlement may be obtained from Sonja Brooks, 
Regional Docket Clerk, Region 5, EPA, 77 West Jackson Boulevard (R-
19J), Chicago, Illinois 60604 (312-886-3617). Comments should reference 
the Beloit Corporation Superfund Site in Rockton, Illinois, and EPA 
Docket No. V-W-02-C-678, and should be addressed to Eileen L. Furey, 
Associate Regional Counsel, 77 W. Jackson Boulevard (C-14J), Chicago, 
Illinois 60604 (312-886-7950).

FOR FURTHER INFORMATION CONTACT: Eileen Furey at the address and phone 
number specified above.

    Dated: May 3, 2002.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 02-11741 Filed 5-9-02; 8:45 am]
BILLING CODE 6560-50-P