[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39288-39289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19517]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6127-3]
Notice of Proposed Administrative Settlement Under the
Comprehensive Environmental Response, Compensation, and Liability Act
and the Resource Conservation and Recovery Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment; opportunity for public
meeting.
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SUMMARY: In accordance with section 122(I) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERCLA''), notification is hereby given of a proposed
administrative de minimis settlement concerning the Novak Sanitary
Landfill Superfund Site in Lehigh County, Pennsylvania, with the party
listed below. The settlement requires the settling party to pay a total
of $79,565.24 to the Hazardous Substances Superfund. The settlement
includes an EPA covenant not to sue the settling party pursuant to
sections 122(f) and 122(g) of CERCLA. Section 122(g) of CERCLA provides
EPA with the authority to enter into a de minimis settlement.
For thirty days following the date of publication of this notice,
the Agency will receive written comments relating to the settlement.
The Agency will reconsider the settlement if comments received disclose
facts or considerations which indicate that the settlement is
inappropriate, improper, or inadequate. Any comments received, and
EPA's responses, will be available for public inspection at the
Parkland Library located at 4422 Walbert Avenue, Allentown, PA.
Comments and responses can also be reviewed at U.S. EPA Region III at
the address provided below. Commenters may request an opportunity for a
public meeting in the affected area in accordance with section 7003(d)
of RCRA, 42 U.S.C. 6973(d).
DATES: Comments must be provided on or before August 21, 1998.
ADDRESSES: A copy of the proposed settlement may be obtained from Joan
Martin-Banks, Mailcode (3HS11), U.S. EPA Region III, 841 Chestnut
Building, Philadelphia, PA 19107, (215) 566-3156, prior to July 9,
1998, and from Joan Martin-Banks, Mailcode (3HS11), U.S. EPA Region
III, 1650 Arch Street, Philadelphia, PA 19103, after July 9, 1998.
Comments should be addressed to the Docket Clerk, U.S. Environmental
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, PA
19107, prior to July 23, 1998, and to the Docket Clerk, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103, after July 23, 1998, and should refer to: In
Re: Novak Sanitary Landfill Superfund Site, Lehigh County,
Pennsylvania, U.S. EPA Docket No. III-97-04-DC.
FOR FURTHER INFORMATION CONTACT: Marcia Preston, Mail Code (3RC21),
(215) 566-2679, U.S. Environmental Protection Agency, 841 Chestnut
[[Page 39289]]
Building, Philadelphia, PA 19107, prior to July 23, 1998, and at (215)
814-2679, Mail Code (3RC21), U.S. Environmental Protection Agency, 1650
Arch Street, Philadelphia, PA 19103, after July 23, 1998.
SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In
accordance with section 122(I)(1) of CERCLA, notification is hereby
given of a proposed administrative settlement concerning the Novak
Sanitary Landfill Superfund Site, in Lehigh County, PA. Notification of
an opportunity for a public meeting pursuant to section 7003 of the
Resource Conservation and Recovery Act (``RCRA'') is also hereby given.
The agreement was proposed by EPA Region III. Subject to review by the
public pursuant to this document, the agreement has met with the
approval of the Attorney General or her designee, United States
Department of Justice.
Below is the party who has executed a binding certification of its
consent to participate in this settlement:
The Lehigh Valley Vocational-Technical School. This party has
agreed to pay $79,565.24, subject to the contingency that EPA may elect
not to complete the settlement if comments received from the public
during this comment period or at a public meeting, if one is requested,
discloses facts or considerations which indicate the proposed
settlement is inappropriate, improper, or inadequate. Money collected
from the de minimis party will be used for past response costs incurred
at or in connection with the Site. The amounts to be paid by the de
minimis party include a premium to cover the risk that unknown
conditions are discovered or information previously unknown to EPA is
received.
EPA is entering into this agreement under the authority of sections
122(g) and 107 of CERCLA and section 7003 of RCRA. Section 122(g)
authorizes settlements with de minimis parties to allow them to resolve
their liabilities at Superfund sites without incurring substantial
transaction costs. The de minimis party is responsible for less than
one percent of the volume of waste that may have contained hazardous
substance disposed of at the Site. EPA issued a draft settlement
proposal on May 10, 1995. De minimis settlements with seven other de
minimis parties became effective on July 10, 1995. In July of 1996, EPA
issued a final settlement proposal to Lehigh Valley Vocational-
Technical School embodied in the Administrative Order on Consent. The
proposed settlement reflects conditions known to the parties on or
about November 19, 1996. The de minimis settling party will be required
to pay its volumetric share of the Government's past response costs,
estimated costs incurred by the potentially responsible parties that
performed the Remedial Investigation/Feasibility Study(``RI/FS'') for
the Site, and the estimated future response costs at the Site
(excluding any federal claims for natural resources damages or any
State claims), plus the premium amount.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 98-19517 Filed 7-21-98; 8:45 am]
BILLING CODE 6560-50-P
