[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Page 70950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30120]




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

AGENCY:  Environmental Protection Agency.

ACTION: Request for public comment.


SUMMARY: The 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 liability under CERCLA of CSS 
International Corporation (``Settling Party'') for response costs 
incurred and to be incurred at the Malvern TCE Superfund Site, East 
Whiteland and Charlestown Townships, Chester County, Pennsylvania, 
relating to the Malvern TCE Superfund Site (``Site'').

DATES: Comments must be provided by December 27, 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. 9622(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 Settling Party has agreed to pay $100 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. This 
amount to be paid by the Settling Party was based upon EPA's review of 
financial information relating to the Settling Party and a 
determination by EPA that the Settling Party has a limited ability to 
pay monies to settle EPA's claims. Monies collected from the Settling 
Party will be applied towards past and future response costs incurred 
by EPA or PRPs performing work at or in connection with the Site.
    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 Settling Party in connection with the Site, based upon a 
determination that Settling Party is responsible for 0.75 percent or 
less of the volume of hazardous substance sent to the Site.
    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 (3RC41), U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania, 19103-2029, or by contacting Joan A. 
Johnson at (215) 814-2619.

    Dated: September 23, 2002.
James W. Newsom,
Acting Regional Administrator, Environmental Protection Agency Region 
[FR Doc. 02-30120 Filed 11-26-02; 8:45 am]