[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Notices]
[Pages 9457-9458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5532]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5438-2]


Palmerton Zinc Superfund Site De Minimis Settlement; Proposed 
Administrative Settlement Under the Comprehensive Environmental 
Response, Compensation, and Liability Act

Agency: United States Environmental Protection Agency (USEPA).

Action: Request for Public Comment.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
enter into de minimis settlements 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). The proposed 
settlements are intended to resolve the potential liability under 
CERCLA of twelve (12) de minimis parties for response costs incurred by 
the United States Environmental Protection Agency at the Palmerton Zinc 
Superfund Site, Carbon County, Pennsylvania.

DATES: Comments must be provided on or before April 8, 1996.

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: 
Palmerton Zinc Superfund Site, Carbon County, Pennsylvania, U.S. EPA 
Docket Nos. III-95-11-DC, III-95-12-DC, III-95-13-DC, III-95-17-DC, 
III-95-18-DC, III-95-20-DC, III-95-21-DC, III-95-24-DC, III-95-26-DC, 
III-95-31-DC, III-95-32-DC, and III-95-34-DC.

FOR FURTHER INFORMATION CONTACT: Cynthia Nadolski, (3RC32) Office of 
Regional Counsel, United States Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, Pennsylvania 19107, (215)597-9912.

SUPPLEMENTARY INFORMATION:

Notice of De Minimis Settlement

    In accordance with Section 122(i)(1) of CERCLA, 42 U.S.C. 
9622(i)(1), notice is hereby given of proposed administrative 
settlements concerning the Palmerton Zinc Site in Carbon County, 
Pennsylvania. The administrative settlements were signed by the 
Regional Administrator of the United States Environmental Protection 
Agency, Region III, on 5/16/95 and are subject to review by the public 
pursuant to this Notice. The agreements were also subject to the 
approval of the Attorney General, United States Department of Justice 
or her designee.
    The 12 parties agree to allow complete access to their properties 
by EPA and its representatives and to cooperate and not to interfere 
with the activities of EPA or its representatives during an ongoing 
response action to remove lead, cadmium and zinc contamination from 
their properties in Palmerton, Pennsylvania in exchange for receiving a 
covenant not to sue pursuant to Section 122(g) of CERCLA, 42 U.S.C. 
122(g), and contribution protection pursuant to Section 113(f) of 
CERCLA, 42 U.S.C. 113(f). The agreements are subject to the contingency 
that the Environmental Protection Agency may elect not to complete the 
settlements based on matters brought to its attention during 

[[Page 9458]]
the public comment period established by this Notice.
    EPA is entering into these agreements 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 potential liability 
under CERCLA. Under this authority, EPA proposes to settle with 
homeowners at the Palmerton Zinc Site who meet the standards for a de 
minimis landowner settlement under CERCLA Section 122(g)(1)(B), 42 
U.S.C. 122(g)(1)(B).
    The Environmental Protection Agency will receive written comments 
to these proposed administrative settlements for thirty (30) days from 
the date of publication of this Notice. A copy of the proposed 
Administrative Orders on Consent can be obtained from the Environmental 
Protection Agency, Region III, Office of Regional Counsel, (3RC32), 841 
Chestnut Building, Philadelphia, Pennsylvania 19107, by contacting 
Cynthia Nadolski, Senior Assistant Regional Counsel, at (215)597-9912.
Stanley L. Laskowski,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 96-5532 Filed 3-7-96; 8:45 am]
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