[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Notices]
[Pages 4419-4420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2050]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6226-4]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency.
ACTION: Request for public comment.
-----------------------------------------------------------------------
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. 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&R Battery Company, Inc. Superfund Site, Chesterfield County,
Virginia.
DATES: Comments must be provided on or before March 1, 1999.
ADDRESSES: Comments should be addressed to the Docket Clerk, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, PA 19103, and should refer to: In Re C&R Battery Company,
Inc. Superfund Site, Chesterfield County, Virginia, U.S. EPA Docket No.
III-98-090-DC.
FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC32), 215/
814-2636, U.S. Environmental Protection Agency, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In
accordance with section 122(i)(1) of CERCLA, notice is hereby given of
a proposed administrative settlement concerning the C&R Battery
Company, Inc. Superfund Site, in Chesterfield County, Virginia. The
administrative settlement was signed by the United States Environmental
Protection Agency, Region III's Regional Administrator on November 12,
1998 and is subject to review by the public pursuant to this Notice.
This 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 natural resource damages, is also subject
to agreement in writing by the Department of Interior. Below are listed
the parties who have executed binding certifications of their consent
to participate in this settlement:
1. C&C Cullet Supply, Inc.
2. J. Solotkin & Company, Inc.
3. Tidewater Metals Company
[[Page 4420]]
4. Virginia Scrap Iron and Metal Company, Inc.
These four parties collectively have agreed to pay $10,341.37 to
the Hazardous Substances Trust Fund 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 the de minimis parties will be
applied towards past response costs incurred at or in connection with
the Site. Out of such amount $937.90 will be paid directly to the
Department of Interior for natural resources damages. 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. 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. Under this authority, EPA proposes to settle with
potentially responsible parties in connection with the C&R Battery
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. The grant of a covenant not to sue for natural resources damages
by the Department of Interior to those parties paying their share of
such allocated costs is subject to agreement in writing by the
Department of Interior pursuant to section 122(j) of CERCLA, 42 U.S.C.
9622(j). EPA issued a draft settlement proposal to the de minimis
parties on September 4, 1998 and invited comments and challenges to the
volumetric ranking. By September 23, 1998 the de minimis parties
submitted executed certifications to the draft settlement proposal and
did not elect to comment on either the draft proposal or the volumetric
ranking summary.
The Environmental Protection Agency will receive written comments
relating to this Agreement for thirty (30) days from the date of
publication of this Notice. A copy of the proposed Administrative Order
on Consent can be obtained from the Environmental Protection Agency,
Region III, Office of Regional Counsel, 1650 Arch Street, Philadelphia,
Pennsylvania, 19103 by contacting Yvette Hamilton-Taylor at (215) 814-
2636.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-2050 Filed 1-27-99; 8:45 am]
BILLING CODE 6560-50-P