[Federal Register Volume 70, Number 16 (Wednesday, January 26, 2005)]
[Pages 3705-3706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1442]




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 of Technitrol, Inc. 
(``Settling party'') under CERCLA for response costs incurred and to be 
incurred at the Malvern TCE Superfund

[[Page 3706]]

Site, East Whiteland and Charlestown Townships, Chester County, 

DATES: Comments must be provided on or before February 25, 2005.

ADDRESSES: Comments should be addressed to Lydia Guy, Regional Hearing 
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 and 
Charlestown Townships, 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 Settling Party has agreed to pay $38,854.00 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 at or 
in connection with the site. The settlement includes a premium payment 
equal to either 125% of the estimated future response costs incurred in 
connection with the Site. The settlement also includes a reservation of 
rights by EPA, pursuant to which EPA reserves its rights to seek 
recovery from the Settling Party of response costs incurred by EPA in 
connection with the site to the extent such costs exceed $31.2 million.
    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 (``RCRA''), 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. The Agency will consider all comments 
received and may modify or withdraw its consent to the settlement if 
comments received disclose facts or considerations which indicate that 
the settlement is inappropriate, improper, or inadequate. Commenters 
may request an opportunity for a public meeting in the affected area in 
accordance with section 7003(d) of RCRA, 42 U.S.C. 6973(d). 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.

Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-1442 Filed 1-25-05; 8:45 am]