[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Notices]
[Page 18017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-9204]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6323-8]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency.
ACTION: Notice; 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. 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 Metal Bank Superfund Site, Philadelphia, Pennsylvania.
DATES: Comments must be provided on or before May 13, 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: Metal Bank
Superfund Site, Philadelphia, Pennsylvania, U.S. EPA Docket No. III-98-
086-DC.
FOR FURTHER INFORMATION CONTACT: Helen Keplinger (Mail Code-2272A)
(202) 564-4221, U.S. Environmental Protection Agency, Office of Site
Remediation Enforcement, 401 ``M'' Street. S.W., Washington, D.C.
20460.
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 Metal Bank
Superfund Site, in Philadelphia, Pa. The agreement was proposed by EPA
Region III on April 3, 1996. Subject to review by the public pursuant
to this Notice, the agreement is subject to 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. Cabot Corporation
2. Delmarva Power & Light Company
3. General Electric Company
4. Gould Electronics, Inc.
These four parties collectively have agreed to pay $174,865.16
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. Money collected
from de minimis parties will be used for past response costs incurred
at or in connection with the Site, projected future response costs to
be incurred at or in connection with the Site, and includes 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. 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 a number of potentially
responsible parties at the Metal Bank 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 on June 28, 1996, invited comments and challenges to the
volumetric ranking. On August 5, 1998, EPA issued a final settlement
proposal embodied in the 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 August 28, 1998. De minimis settling parties will
be required to pay their volumetric share of the Government's past
response costs and the estimated future response costs at the Metal
Bank Site excluding any federal claims for natural resource damages or
any Commonwealth of Pennsylvania claims.
The Environmental Protection Agency will receive written comments
relating to this Agreement for thirty (30) days from the date of
publication of this document. A copy of the proposed Administrative
Order on Consent may be obtained from Harry R. Steinmetz (3HS11) in
EPA's Region III Office, 1650 Arch Street, Philadelphia, PA 19103,
(telephone: 215/814-3161).
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 99-9204 Filed 4-12-99; 8:45 am]
BILLING CODE 6560-50-P