[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Notices]
[Page 70950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30120]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7392-9]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency.
ACTION: Request for public comment.
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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,
Pennsylvania.
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
III.
[FR Doc. 02-30120 Filed 11-26-02; 8:45 am]
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