[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Pages 4046-4047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2045]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5680-8]
Palmerton Zinc Superfund Site De Minimis Settlement; Proposed
Administrative Settlement Under the Comprehensive Environmental
Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
enter into de minimis settlements pursuant to section 122(g)(4) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended, (CERCLA) 42 U.S.C. 9622(g)(4). The proposed
settlements are intended to resolve the potential liability under
CERCLA of eleven (11) de minimis parties for response costs incurred by
the Environmental Protection Agency at the Palmerton Zinc Superfund
Site, Carbon County, Pennsylvania.
DATES: Comments must be provided on or before February 27, 1997.
ADDRESSES: Comments should be addressed to the Docket Clerk, United
States Environmental Protection Agency, Region III, 841 Chestnut
Building, Philadelphia, Pennsylvania 19107, and should refer to: In Re:
Palmerton Zinc Superfund Site, Carbon County, Pennsylvania, U.S. EPA
Docket Nos. III-96-25-DC, III-96-33-DC, III-96-37-DC, III-96-44-DC,
III-96-49-DC, III-96-52-DC, III-96-58-DC, III-96-59-DC, III-96-61-DC,
III-96-64-DC, and III-96-66-DC.
FOR ADDITIONAL INFORMATION CONTACT: Cynthia Nadolski (3RC32), Office of
Regional Counsel, United States Environmental Protection Agency, 841
Chestnut Building, Philadelphia, Pennsylvania 19107, (215) 566-2673.
NOTICE OF DE MINIMIS SETTLEMENT: In accordance with section 122(i)(1)
of CERCLA, 42 U.S.C. 9622(i)(1), notice is hereby given of proposed
administrative settlements concerning the Palmerton Zinc Site in Carbon
County, Pennsylvania. The administrative settlements were signed by the
Regional Administrator of the Environmental Protection Agency, Region
III, on September 30, 1996, and are subject to review by the public
pursuant to this
[[Page 4047]]
Notice. The agreements were also subject to the approval of the
Attorney General, United States Department of Justice or her designee.
The eleven parties agree to allow complete access to their
properties by EPA and its representatives and to cooperate and not to
interfere with the activities of EPA or its representatives during an
ongoing response action to remove lead, cadmium and zinc contamination
from their properties in Palmerton, Pennsylvania in exchange for
receiving a covenant not to sue pursuant to section 122(g) of CERCLA,
42 U.S.C. 122(g), and contribution protection pursuant to section
113(f) of CERCLA, 42 U.S.C. 113(f). The agreements are subject to the
contingency that the Environmental Protection Agency may elect not to
complete the settlements based on matters brought to its attention
during the public comment period established by this Notice.
EPA is entering into these agreements under the authority of
sections 122(g) and 107 of CERCLA, 42 U.S.C. 9622(g) and 9607. Section
122(g) of CERCLA, 42 U.S.C. 9622(g), authorizes early settlements with
de minimis parties to allow them to resolve their potential liability
under CERCLA. Under this authority, EPA proposes to settle with
homeowners at the Palmerton Zinc Site who meet the standards for a de
minimis landowner settlement under CERCLA section 122(g)(1)(B), 42
U.S.C. 122(g)(1)(B).
The Environmental Protection Agency will receive written comments
to these proposed administrative settlements for thirty (30) days from
the date of publication of this Notice. A copy of the proposed
Administrative Orders on Consent can be obtained from the Environmental
Protection Agency, Region III, Office of Regional Counsel, (3RC00), 841
Chestnut Building, Philadelphia, Pennsylvania 19107, by contacting
Cynthia Nadolski, Senior Assistant Regional Counsel, at (215) 566-2673.
Dated: September 30, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 97-2045 Filed 1-27-97; 8:45 am]
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