[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Pages 18202-18203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9069]




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

AGENCY: Environmental Protection Agency (EPA).

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 nine 
(9) 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 May 15, 2002.

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, 

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 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

[[Page 18203]]

pages, consenting to participate in this settlement: BAE Systems (on 
behalf of American Electronics Laboratories), Boekel Industries, AVX 
Corporation (on behalf of Elco Corporation), Irvins Tinware (on behalf 
of Ervins Crafts), K-D Tool Manufacturing Corporation, Maida 
Development Company, McHugh Railroad Maintenance Equipment Company, 
Photofabrication Chemical & Equipment Company, Inc., and R & E Martin.
    The nine (9) settling parties collectively have agreed to pay 
$645,749 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 60% 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. 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 $25 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 nine settling de minimis parties 
a covenant not to sue or take administrative action against any of the 
nine 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 issued this settlement offer to the de minimis parties on May 29, 
    The Environmental Protection Agency will receive written comments 
relating to this settlement 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 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: March 12, 2002.
Rebecca W. Hanmer,
Acting Regional Administrator, Region III.
[FR Doc. 02-9069 Filed 4-12-02; 8:45 am]