[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Pages 4419-4420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2050]




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, 

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. 

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-
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-2050 Filed 1-27-99; 8:45 am]