Proposed RCRA Prospective Purchaser Agreement, Order on Consent and Covenant Not To Sue for a Portion of the Delphi Flint West Site, a/k/a Chevy in the Hole in Flint, Genesee County, MI

Topics:  Delphi, General Motors

Margaret M. Guerriero
September 5, 2012

[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54576-54577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21841]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9724-5]


Proposed RCRA Prospective Purchaser Agreement, Order on Consent 
and Covenant Not To Sue for a Portion of the Delphi Flint West Site, a/
k/a Chevy in the Hole in Flint, Genesee County, MI

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the RCRA Prospective Purchaser Agreement, 
notice is hereby given of a proposed administrative settlement 
concerning a portion of the Delphi Flint West Site, a/k/a Chevy in the 
Hole in Flint, Michigan with the following settling party: The City of 
Flint. The settlement requires the Settling Party to conduct various 
actions at the Property including: Conducting a Phase 1 and Baseline 
Assessment of the Property; capping and enhancement of the existing 
cover over contaminated soils; planting of trees and other native 
vegetation; installing walkways; installing new groundwater monitoring 
wells and the performance of groundwater monitoring at new and existing 
wells; executing and recording a Declaration of Restrictive Covenant 
and providing access to the Property.
    The settlement includes a covenant not to sue the Settling Party 
pursuant to Sections 3008, 7003, or 9006 of RCRA, with respect to the 
Existing Contamination. Existing Contamination is defined as any Waste 
Material present or existing on or under the Property as of the 
Effective Date of the Settlement Agreement; any Waste Material that 
migrated from the Property prior to the Effective Date; and any Waste 
Material presently at the Site that migrates onto, on, under, or from 
the Property after the Effective Date.
    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. The Agency's response to any 
comments received will be available for public inspection at the EPA, 
Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago, 
Illinois 60604.

DATES: Comments must be submitted on or before 30 days from date of 
publication.

ADDRESSES: The proposed settlement is available for public inspection 
at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., 
Chicago, Illinois 60604. A copy of the proposed settlement may be 
obtained from Peter Felitti, Assoc. Regional Counsel, EPA, Office of 
Regional Counsel, Region 5, 77 W. Jackson Blvd., mail code: C-14J, 
Chicago, Illinois 60604. Comments should reference the Delphi Flint 
West Site, Flint, Michigan and EPA Docket No. and should be addressed 
to Peter Felitti, Assoc. Regional Counsel, EPA, Office of Regional 
Counsel, Region 5, 77 W. Jackson Blvd., mail code: C-14J, Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Peter Felitti, Assoc. Regional 
Counsel, EPA, Office of Regional Counsel, Region

[[Page 54577]]

5, 77 W. Jackson Blvd., mail code: C-14J, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The Respondent proposes to acquire ownership 
of specified parcels of the former RCRA hazardous waste treatment, 
storage, or disposal facility known as the Delphi Flint West Site, 
located at 300 N. Chevrolet Avenue, Flint, Michigan (Site). The EPA 
identification number for the Site is MID 005 356 654.

    Dated: June 29, 2012.
Margaret M. Guerriero,
Director, Land and Chemicals Division.
[FR Doc. 2012-21841 Filed 9-4-12; 8:45 am]
BILLING CODE 6560-50-P