[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]               
[Page 58590]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-71]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8721-9]

 
Proposed Administrative Cost Settlement Under Section 122(h)(1) 
of the Comprehensive Environmental Response, Compensation and Liability 
Act; In the Matter of the Illinois Power Subarea of the Ottawa 
Radiation Site, Ottawa, IL

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 settlement for recovery of response costs concerning the 
Illinois Power subarea of the Ottawa Radiation Superfund Site in 
Ottawa, Illinois with Illinois Power Company d/b/a Ameren IP. The 
settlement requires the settling parties to: operate and maintain a 
radon reduction system at the property; record a restrictive covenant 
that prohibits interference with the building foundations and system; 
agree to use a covenant deed that reserves the right for Illinois 
Power, U.S. EPA and the State to enforce the restrictive covenant if 
Illinois Power conveys the property; and reimburse $35,000 of U.S. 
EPA's response costs incurred at the Illinois Power subarea. In 
exchange for the payment and work performed, the United States 
covenants not to sue or take administrative action pursuant to Sections 
106, 107 and 122 of CERCLA, 42 U.S.C. 9606, 9607 and 9622 for the work 
and past response costs at the Illinois Power subarea of the Ottawa 
Radiation Site. In addition, Illinois Power is entitled to protection 
from contribution actions or claims as provided by Sections 113(f) and 
122(h)(4) of CERCLA, 42 U.S.C. 9613(f) and 9622(h)(4), for the work 
performed and past costs incurred at the Site.
    For thirty (30) days after the date of publication of this notice, 
the Agency will receive written comments relating to the cost recovery 
provisions of 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. The Agency's 
response to any comments received will be available for public 
inspection at U.S. EPA's Region 5 Office at 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

DATES: Comments must be submitted on or before November 6, 2008.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, 
Illinois 60604. A copy of the proposed settlement may be obtained from 
Janet Carlson, Associate Regional Counsel, U.S. EPA, Mail Code C-14J, 
77 W. Jackson Blvd., Chicago, Illinois 60604, telephone (312) 886-6059. 
Comments should reference the Illinois Power subarea of the Ottawa 
Radiation Site, Ottawa, Illinois and EPA Docket No. VW08C914, and 
should be addressed to Janet Carlson, Associate Regional Counsel, U.S. 
EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Janet Carlson, Associate Regional 
Counsel, U.S. EPA, Mail Code C-14J, 77 W. Jackson Blvd., Chicago, 
Illinois 60604, telephone (312) 886-6059.

    AUTHORITY: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, 
et seq.

    Dated: September 19, 2008.
Douglas Balloti,
Acting Director, Superfund Division.
 [FR Doc. E8-23746 Filed 10-6-08; 8:45 am]

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