Proposed CERCLA Administrative Past Cost Recovery Settlement: 47th and Dan Ryan Superfund Site Gustavo and Guadalupe Martinez d/b/a Menchaca Transport Express, and Biddle Sawyer Corporation, 36938 [05-12653]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Page 36938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12653]


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ENVIRONMENTAL PROTECTION AGENCY

[ FRL-7929-1]


Proposed CERCLA Administrative Past Cost Recovery Settlement: 
47th and Dan Ryan Superfund Site Gustavo and Guadalupe Martinez d/b/a 
Menchaca Transport Express, and Biddle Sawyer Corporation

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: 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 
administrative Agreement for Recovery of Past Response Costs 
(``Agreement''), issued pursuant to Section 122(h)(1) of CERCLA, 
concerning the 47th and Dan Ryan Superfund Site in Chicago, Cook 
County, Illinois, between the United States Environmental Protection 
Agency (``U.S. EPA'' or ``the Agency'') and the following Settling 
Parties:

Gustavo and Guadalupe Martinez individually, d/b/a Menchaca Transport 
Express; and Biddle Sawyer Corporation

    The proposed Agreement contains a settlement between U.S. EPA and 
Gustavo and Guadalupe Martinez individually and d/b/a Menchaca 
Transport Express; and Biddle Sawyer Corporation for the payment of a 
portion of EPA's unreimbursed costs incurred at the 47th and Dan Ryan 
Superfund Site. The Agreement requires the Settling Parties to pay a 
total of $90,000 to the EPA Hazardous Substance Superfund. The 
Agreement also includes a covenant not to sue the Settling Parties 
pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
Agreement. The Agency will consider all comments received and may 
modify or withdraw its consent to the Agreement if comments received 
disclose facts or considerations which indicate that the Agreement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at the 
following location: Records Center, U.S. EPA, Region 5, 7th Floor, 77 
W. Jackson Blvd., Chicago, IL 60604.

DATES: Comments must be submitted on or before June 27, 2005.
    Background: On August 8, 2001, a semi-truck and trailer owned by 
Gustavo and Guadalupe Martinez, individually and d/b/a Menchaca 
Transport Express, headed east-bound on the Dan Ryan Expressway, 
overturned on the highway at the 47th Street overpass in Chicago, Cook 
County, Illinois and spilled its contents of dry azodicarbonamide. The 
City of Chicago, Illinois Department of Transportation, and U.S. EPA 
incurred response costs in containing and addressing the impact of the 
spill. U.S. EPA's emergency response contractors decontaminated the 
impacted portion of the highway with pressure washers, and sent the 
rinse water into a bulk liquids trailer for offsite disposal. Impacted 
soil from along the berm west of the highway, burned debris and other 
solid waste associated with the incident was drummed up and removed. 
U.S. EPA response personnel also performed air monitoring and conducted 
other sampling activities; U.S. EPA also incurred response costs 
relating to its responsible party search, negotiations and other 
enforcement costs.
    As of March 31, 2005, U.S. EPA's response and enforcement costs for 
the Site were $190,422.03. The Settling Parties Gustavo and Guadalupe 
Martinez individually, and d/b/a Menchaca Transport Express (now a 
defunct entity); and Biddle Sawyer Corporation, the shipper and owner 
of the hazardous substances at the time of the incident, are jointly 
and severally liable for the proposed payment under the terms of the 
Agreement. Miken Cartage, Inc. a transporter which had contracted with 
Biddle Sawyer Corporation and the driver of the truck owned by 
Menchaca, is recalcitrant and is not participating in the Agreement. 
Subject to U.S. EPA's reservations of rights, any response costs which 
would not be recovered under the terms of the Agreement would be 
forgiven as against the Settling Parties.

ADDRESSES: The proposed settlement is available for public inspection 
at the following location: Records Center, U.S. EPA, Region 5, 7th 
Floor, 77 W. Jackson Blvd., Chicago, IL.
    Comments should reference the 47th and Dan Ryan Superfund Site; 
Gustavo and Guadalupe Martinez d/b/a Menchaca Transport Express; and 
Biddle Sawyer Corporation; City of Chicago, Cook County, Illinois and 
U.S. EPA Docket No. V-W-'05-C-818, and should be addressed to Sherry L. 
Estes, Associate Regional Counsel, 77 West Jackson Blvd., Mail Code C-
14J, Chicago, Illinois 60604. Copies of the proposed Agreement may be 
obtained from Deloris Johnson, Paralegal, Office of Regional Counsel, 
77 West Jackson Blvd., Mail Code C-14J, Chicago, Illinois 60604, (312) 
886-6806.

FOR FURTHER INFORMATION CONTACT: Sherry L. Estes, Associate Regional 
Counsel, 77 West Jackson Blvd., Mail Code C-14J, Chicago, Illinois 
60604, (312) 886-7164.

    Dated: June 9, 2005.
Richard C. Karl,
Director, Superfund Division.
[FR Doc. 05-12653 Filed 6-24-05; 8:45 am]
BILLING CODE 6560-50-P