[Federal Register Volume 69, Number 20 (Friday, January 30, 2004)]
[Pages 4515-4516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1974]




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 liability under CERCLA of Materia 
Medica, Inc., formerly known as Polysciences, Inc. (``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 

DATES: Comments must be provided on or before March 1, 2004.

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, 

[[Page 4516]]

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 Settling Party has agreed to pay $9,879.00 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 
determination of Settling Party's fair share of liability of Settling 
Party relating to the Site. 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 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. As part of this de 
minimis settlement, EPA will provide to the Settling Party a covenant 
not to sue or take administrative action against the Settling Party 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.
    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 30, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-1974 Filed 1-29-04; 8:45 am]