95-22335. Jack's Creek/Sitkin Smelting Superfund Site De Minimis Settlement; Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation and Liability Act

[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Notices]
[Page 46834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22335]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5293-8]


Jack's Creek/Sitkin Smelting Superfund Site De Minimis 
Settlement; Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation and Liability Act

AGENCY: United States Environmental Protection Agency.

ACTION: Request for Public Comment.

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SUMMARY: The United States 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. 9622(g)(4). This proposed 
settlement is intended to resolve the liabilities under CERCLA of 
Diversified Industries, Inc., Scullin Steel Company (formerly Eastern 
Diversified Metals Corporation), and Theodore Sall, Inc. for response 
costs incurred by the United States Environmental Protection Agency at 
the Jack's Creek/Sitkin Smelting Superfund Site, Maitland County, 
Pennsylvania.

DATES: Comments must be provided on or before October 10, 1995.

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: Jack's Creek/Sitkin Smelting Superfund Site, Maitland County, 
Pennsylvania, U.S. EPA Docket No. III-94-40-DC.

FOR ADDITIONAL INFORMATION CONTACT: Daniel Isales [phone], or 
Pamela Lazos [phone], United States Environmental Protection 
Agency, Office of Regional Counsel, (3RC22), 841 Chestnut Building, 
Philadelphia, Pennsylvania, 19107. Notice of De Minimis Settlement: In 
accordance with Section 122(i)(1) of CERCLA, 42 U.S.C. 9622(i)(1), and 
Section 7003(d) of the Solid Waste Disposal Act, 42 U.S.C. 6973(d), 
notice is hereby given of a proposed administrative settlement 
concerning the Jack's Creek/Sitkin Smelting Superfund Site in Maitland 
County, Pennsylvania. The administrative settlement was signed by the 
United States Environmental Protection Agency, Region III's Regional 
Administrator on March 6, 1995 and is subject to review by the public 
pursuant to this Notice. The agreement is also subject to the approval 
of the Attorney General, United States Department of Justice or her 
designee and for the grant of a covenant not to sue for damages to 
natural resources, is also subject to agreement in writing by the 
Department of the Interior (``DOI'').
    The settling parties collectively agreed to pay $14,478.00 to 
United States Environmental Protection Agency toward EPA response costs 
and $522.00 to DOI for damages to natural resources, subject to the 
contingency that the Environmental Protection Agency may elect not to 
complete the settlement based on matters brought to its attention 
during the public comment period established by this Notice.
    EPA is entering into this agreement 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 liabilities under, inter alia, 
Section 107 of CERCLA, 42 U.S.C. 9607, to reimburse the United States 
for response costs incurred in cleaning up Superfund sites without 
incurring substantial transaction costs. The grant of a covenant not to 
sue for damages to natural resources by DOI to those parties paying 
their share of such allocated costs is subject to agreement in writing 
by DOI pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).
    The Environmental Protection Agency will receive written comments 
upon this proposed administrative settlement 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. 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, (3RC20), 841 
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting 
Daniel Isales at [phone] or Pamela Lazos at [phone].
Peter H. Kostmayer,
Regional Administrator, EPA, Region III.
[FR Doc. 95-22335 Filed 9-7-95; 8:45 am]
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