
[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Notices]
[Pages 6144-6145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03291]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-CERCLA Docket No. V-W-19-C-003; FRL-9989-94-Region 5]


Proposed CERCLA Administrative Settlement Agreement and Order on 
Consent; City of Kalamazoo, Michigan, and City of Kalamazoo Brownfields 
Redevelopment Authority; Allied Paper Portage Creek/Kalamazoo River 
Superfund Site, Operable Unit 1, Panelyte Property, Kalamazoo Michigan

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) hereby gives notice 
of a proposed Administrative Settlement Agreement and Order on Consent 
(Settlement) pertaining to a 22-acre parcel of land (the Panelyte 
Property) located in Kalamazoo, Michigan. The Panelyte Property is 
located adjacent to, and is partially contaminated by waste from, 
Operable Unit 1 (OU1) of the Allied Paper/Portage Creek/Kalamazoo River 
Superfund Site. EPA invites public comment on the Settlement for thirty 
(30) days following publication of this notice. The Settlement requires 
the City of Kalamazoo and the City of Kalamazoo Brownfield 
Redevelopment Authority to conduct certain short-term and long-term 
response actions at the Panelyte Property and at OU1. These response 
actions include: Cooperation with periodic reviews; compliance with and 
performance of activities related to institutional controls; assistance 
with community relations activities; property clearance activities; 
oversight of traffic management issues; and to cooperate with OU1 
remedy component placement on the Panelyte Property and the performance 
of inspections of such remedy components.

DATES: Comments must be post marked or received on or before March 28, 
2019.

ADDRESSES: The proposed Settlement 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. Electronic copies online will be found at 
www.epa.gov/superfund/allied-paper-kalamazoo.

FOR FURTHER INFORMATION CONTACT: Further information or a copy of the 
Settlement may be obtained from Diane Russell, Community Involvement 
Coordinator, U.S. EPA Region 5 Superfund Division Community Information 
Office, 1300 Bluff St., Suite 140, Flint, MI 48504. Telephone: 989-395-
3493. Email: russell.diane@epa.gov.

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 Panelyte Property, a 22-acre parcel of 
land located in Kalamazoo, Michigan. The Panelyte Property is located 
adjacent to, and is partially contaminated by hazardous substances 
from, Operable Unit 1 (OU1) of the Allied Paper Portage Creek/Kalamazoo 
River Superfund Site. The Settlement is with the following settling 
parties: The City of Kalamazoo, Michigan and the City of Kalamazoo 
Brownfield Redevelopment Authority. The Settlement requires the 
settling parties to perform certain work and to comply with property 
requirements. The settling parties will cooperate with EPA in 
potentially placing components of the EPA-selected remedy for OU1 on 
the Panelyte Property. The settling parties will cooperate with EPA's 
periodic reviews of the OU1 remedy, including the compilation, 
reporting, and the review and analysis of data, reports, and other 
information in their possession. The settling parties will also place 
and comply with any necessary institutional controls on properties they 
presently control, will assist EPA in obtaining institutional controls 
on other properties, and will assist EPA with future review and 
maintenance of the institutional controls. The settling parties will 
assist EPA in performing community relation activities related to the 
Panelyte Property and OU1, will assist in performing property clearing 
activities (trees, brush, undergrowth) at the Panelyte Property related 
to OU1 remedy components, and will perform inspections of OU1 remedy 
components placed on the Panelyte Property. The settling parties shall 
prepare and oversee implementation of the traffic management plan 
related to construction activities under the OU1 remedy.
    The Settlement includes a covenant by the United States not to sue 
the settling parties, pursuant to Sections 106 and Section 107(a) of 
CERCLA, 42 U.S.C. 106 and 107(a).

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 Diane Russell, Community 
Involvement Coordinator, U.S. EPA Region 5 Superfund Division Community 
Information Office, 1300 Bluff St., Suite 140, Flint, MI 48504. 
Telephone: 989-395-3493. Email: russell.diane@epa.gov. Be sure to label 
the comments with the Docket Number at the top of this notice and/or 
the property name. 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 ANY information you think or know is CBI to EPA through an 
agency website or via email. Clearly mark on your written comments all 
the information that you claim to be CBI. If you mail EPA your comments 
on a disk or CD-ROM (CD), mark the outside of the CD as CBI and then 
identify electronically within the CD the specific information that is 
claimed as CBI. In addition to one

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complete version of your comments that includes all the information 
claimed as CBI, you must submit for inclusion in the public docket a 
second copy of your comments that does not contain the information 
claimed as CBI. Information marked as CBI 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 subject of your comments by the docket number 
and the site name in the title of this notice or the Federal Register 
publication 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.
     Make sure to submit your comments by the identified 
comment period deadline.

    Dated: February 7, 2019.
Thomas R. Short,
Acting Director, Superfund Division.
[FR Doc. 2019-03291 Filed 2-25-19; 8:45 am]
 BILLING CODE 6560-50-P


