[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Page 18017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9204]




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

AGENCY: Environmental Protection Agency.

ACTION: Notice; 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 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-

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. 

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]