[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15257-15258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8479]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5451-4]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency.
ACTION: Request for public comment.
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SUMMARY: The U.S. Environmental Protection Agency is proposing to enter
into a de minimis settlement pursuant to Section 122(g)(4) of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (CERCLA), 42 U.S.C. Sec. 9622(g)(4). This proposed
settlement is intended to resolve the liabilities under CERCLA of four
de minimis parties for response costs incurred and to be incurred at
the C&D Recycling Superfund Site, Foster Township, Luzerne County,
Pennsylvania.
DATES: Comments must be provided on or before May 6, 1996.
ADDRESSES: Comments should be addressed to the Docket Clerk, U.S.
Environmental Protection Agency, Region III, 841 Chestnut Building,
Philadelphia, PA 19107, and should refer to: In Re C&D Recycling
Superfund Site, Foster Township, Luzerne County, Pennsylvania, U.S. EPA
Docket No. III-96-05-DC.
FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC32), 215/
597-3233, U.S. Environmental Protection Agency, 841 Chestnut Street,
Philadelphia, Pennsylvania 19107.
SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In
accordance with Section 122(i)(1) of CERCLA and Section 7003(d) of the
Solid Waste Disposal Act, 42 U.S.C. Sec. 6973(d), notice is hereby
given of a proposed administrative settlement concerning the C&D
Recycling Superfund Site, in Foster Township, Luzerne County,
Pennsylvania. The agreement was proposed by EPA Region III on September
28, 1995. Subject to review by the public pursuant to this Notice, the
agreement has met with the approval of the Attorney General or her
designee, United States Department of Justice. Below are listed the
parties who have executed binding certifications of their consent to
participate in this settlement:
1. Consolidated Edison Company of New York, Inc.
2. Metal Exchange Corporation
3. New York Transit Authority, Inc.
4. ICI Explosives USA, Inc.
These four parties collectively have agreed to pay $63,294.00
subject to the contingency that EPA may elect not to complete the
settlement if comments received from the public during this comment
period disclose facts or considerations which indicate the proposed
settlement is inappropriate, improper, or inadequate. Monies collected
from de minimis parties will be applied towards past and future
response costs incurred at or in connection with the Site. The
settlement includes a premium to cover the risk of cost overruns or
increased costs to address conditions at the Site previously unknown to
EPA but discovered after the effective date of the Consent Order.
EPA is entering into this agreement under the authority of Sections
107 and 122(g) of CERCLA, 42 U.S.C. Sec. Sec. 9607 and 9622(g). Section
122(g) authorizes early settlements with de minimis parties to allow
them to resolve their liabilities at Superfund Sites without incurring
substantial transaction costs.
[[Page 15258]]
Under this authority, EPA proposes to settle with a number of
potentially responsible parties at the C&D Recycling Company, Inc.
Superfund Site, each of whom is responsible for less than one percent
of the volume of hazardous substance disposed of at the Site. EPA
issued a draft settlement proposal to the de minimis parties on June
14, 1995 and invited comments and challenges to the volumetric ranking.
On September 28, 1995, EPA issued a final settlement proposal embodied
in an Administrative Order on Consent which included several
modifications made in response to comments by de minimis parties in
letters to EPA and during negotiations with the Agency. The proposed
settlement reflects and was agreed upon based on conditions known to
parties on September 28, 1995. De minimis settling parties will be
required to pay their volumetric share of the Government's and a
Potentially Responsible Party's past response costs and the estimated
future response costs at the C&D Recycling Company, Inc. Superfund Site
excluding any federal claims for natural resource damages or any State
claims.
The settlement as it is now proposed includes an adjustment to the
volumetric share of an eligible de minimis party; this adjustment was
made prior to the final settlement proposal being sent to all eligible
parties on September 28, 1995, in response to information provided by
this party to EPA. The party affected is New York Transit Authority,
Inc.
The Environmental Protection Agency will receive written comments
relating to this Agreement for thirty (30) days from the date of
publication of this Notice. Moreover, pursuant to Section 7003(d) of
the Solid Waste Disposal Act, 42 U.S.C. Sec. 6973(d), the public may
request a meeting in the affected area. A copy of the proposed
Administrative Order on Consent can be obtained from the Environmental
Protection Agency, Region III, Office of Regional Counsel, (3RC32), 841
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting
Yvette Hamilton-Taylor at (215) 597-3233.
Stanley L. Laskowski,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region III.
[FR Doc. 96-8479 Filed 4-4-96; 8:45 am]
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