[Federal Register Volume 69, Number 142 (Monday, July 26, 2004)]
[Notices]
[Pages 44533-44534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-16945]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7792-2]


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency (EPA).

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 
twenty-six (26) de minimis parties for response costs incurred and to 
be incurred at the Malvern TCE Superfund Site, East Whiteland and 
Charlestown Townships, Chester County, Pennsylvania.

DATES: Comments must be provided on or before August 25, 2004.

ADDRESSES: Comments should be addressed to Suzanne Canning, Docket 
Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, PA 19103-2029, and should refer to the Malvern 
TCE Superfund Site, East Whiteland Township, Chester County, 
Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Joan A. Johnson (3RC41), 215/814-2619, 
U.S. Environmental Protection Agency, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029.

SUPPLEMENTARY INFORMATION: Notice of de minimis settlement: In 
accordance with section 122(i)(1) of CERCLA, 42 U.S.C. 122(i)(1), 
notice is hereby given of a proposed administrative settlement 
concerning the Malvern TCE Superfund Site, in East Whiteland and 
Charlestown Townships, Chester County, Pennsylvania. The administrative 
settlement is subject to review by the public pursuant to this Notice. 
The proposed agreement has been reviewed and approved by the United 
States Department of Justice. The following de minimis parties have 
executed signature pages, consenting to participate in this settlement: 
Allister Manufacturing Corporation/C.P. Allstar Corporation/Relm 
Wireless Corporation; Athena Controls, Inc.; Ametek, Inc.; Airline 
Hydraulics Corporation; BFI Waste Service of Pennsylvania, LLC/BFI 
Waste Systems of North America, Inc./Browning-Ferris Industries a/k/a 
Allied Waste; Camdel Metals Corporation; Carvel Hall, Inc./Syratech 
Corporation/CHI International, Inc./Towle Manufacturing Company; CK 
Systematics Inc./Systematics, Inc.; E. Frank Hopkins Company, Inc.; 
Fabric Development, Inc.; Fergusson-McKenna Supply, Inc.; Fraser-Volpe 
Corporation; Gulf & Western Industries, Inc./Collins & Aikman Products 
Co./Heartland Industrial Partners, L.P.; High Energy Corporation; 
Kosempel Manufacturing Company; Leeds & Northrup Company/SPX 
Corporation; Matheson Instruments, Inc./Matheson Tri-Gas, Inc.; Model 
Finishing Company, Inc.; Narco Avionics, Inc.; Oxford Metal Products 
Co., Inc.; Philco-Ford Corporation/Loral Space & Communications, Ltd./
Space Systems/Loral, Inc./Ford Motor Company, Inc.; Princo Instruments, 
Inc.; Prodelin, Inc./

[[Page 44534]]

M/A-COM, Inc.; Sermetal, Inc./Sermetech International Incorporated/
Teleflex Incorporated; Solid State Scientific, Inc./American Financial 
Group, Inc.; Xynatech Inc., (NM Corp)/Xynatech Inc., (PA Corp)/National 
Metalcrafters (PA Corp)/Xynatech Manufacturing (PA Corp).
    The twenty-six (26) settling parties collectively have agreed to 
pay $996,210.00 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 and future response costs 
incurred by EPA or PRPs performing work at or in connection with the 
Site. The settlement includes a premium payment equal to either 125% or 
225% of the estimated future response costs incurred in connection with 
the Site, to be assessed as follows: 125% assessed for those parties 
that have not received a prior de minimis settlement offer from EPA; 
and 225% for those parties that received a prior settlement offer from 
EPA but declined to participate in a prior settlement. The additional 
premium assessed for those parties that received a prior settlement 
offer from EPA but declined to participate in a prior settlement, was 
intended to mitigate any financial gain the parties might have obtained 
by not participating in the first settlement. The settlement also 
includes a reservation of rights by EPA, pursuant to which EPA reserves 
its rights to seek recovery from the settling de minimis parties of 
response costs incurred by EPA in connection with the Site to the 
extent such costs exceed $31.2 million.
    EPA is entering into this agreement under the authority of section 
122(g) of CERCLA, 42 U.S.C. 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 Malvern TCE 
Superfund Site, each of whom is responsible for .75 percent or less of 
the volume of hazardous substance sent to the Site. As part of this de 
minimis settlement, EPA will grant the twenty-five settling de minimis 
parties a covenant not to sue or take administrative action against any 
of the twenty-five settling PRPs for reimbursement of response costs or 
injunctive relief pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 
9606 and 9607, or for injunctive relief pursuant to section 7003 of the 
Resource Conservation and Recovery Act, 42 U.S.C. 6973, with regard to 
the Site. EPA initially issued this settlement offer to the de minimis 
parties on August 18, 2003. This offer was subsequently revised and 
reissued on October 20, 2003.
    The Environmental Protection Agency will receive written comments 
relating to this settlement for thirty (30) days from the date of 
publication of this notice. The Agency will consider all comments 
received and may modify or withdraw its consent to the settlement if 
comments received disclose facts or considerations which indicate that 
the settlement is inappropriate, improper, or inadequate. 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). A copy of 
the proposed Administrative Order on Consent can be obtained from Joan 
A. Johnson, U.S. Environmental Protection Agency, Region III, Office of 
Regional Counsel, 1650 Arch Street, Philadelphia, Pennsylvania 19103-
2029, or by contacting Joan A. Johnson at (215) 814-2619.

    Dated: July 19, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 04-16945 Filed 7-23-04; 8:45 am]
BILLING CODE 6560-50-P