[Federal Register Volume 69, Number 142 (Monday, July 26, 2004)]
[Notices]
[Pages 44533-44534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16945]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7792-2]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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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
twenty-six (26) 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 August 25, 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,
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. 122(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 following de minimis parties have
executed signature pages, consenting to participate in this settlement:
Allister Manufacturing Corporation/C.P. Allstar Corporation/Relm
Wireless Corporation; Athena Controls, Inc.; Ametek, Inc.; Airline
Hydraulics Corporation; BFI Waste Service of Pennsylvania, LLC/BFI
Waste Systems of North America, Inc./Browning-Ferris Industries a/k/a
Allied Waste; Camdel Metals Corporation; Carvel Hall, Inc./Syratech
Corporation/CHI International, Inc./Towle Manufacturing Company; CK
Systematics Inc./Systematics, Inc.; E. Frank Hopkins Company, Inc.;
Fabric Development, Inc.; Fergusson-McKenna Supply, Inc.; Fraser-Volpe
Corporation; Gulf & Western Industries, Inc./Collins & Aikman Products
Co./Heartland Industrial Partners, L.P.; High Energy Corporation;
Kosempel Manufacturing Company; Leeds & Northrup Company/SPX
Corporation; Matheson Instruments, Inc./Matheson Tri-Gas, Inc.; Model
Finishing Company, Inc.; Narco Avionics, Inc.; Oxford Metal Products
Co., Inc.; Philco-Ford Corporation/Loral Space & Communications, Ltd./
Space Systems/Loral, Inc./Ford Motor Company, Inc.; Princo Instruments,
Inc.; Prodelin, Inc./
[[Page 44534]]
M/A-COM, Inc.; Sermetal, Inc./Sermetech International Incorporated/
Teleflex Incorporated; Solid State Scientific, Inc./American Financial
Group, Inc.; Xynatech Inc., (NM Corp)/Xynatech Inc., (PA Corp)/National
Metalcrafters (PA Corp)/Xynatech Manufacturing (PA Corp).
The twenty-six (26) settling parties collectively have agreed to
pay $996,210.00 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. 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 premium payment equal to either 125% or
225% of the estimated future response costs incurred in connection with
the Site, to be assessed as follows: 125% assessed for those parties
that have not received a prior de minimis settlement offer from EPA;
and 225% for those parties that received a prior settlement offer from
EPA but declined to participate in a prior settlement. The additional
premium assessed for those parties that received a prior settlement
offer from EPA but declined to participate in a prior settlement, was
intended to mitigate any financial gain the parties might have obtained
by not participating in the first settlement. 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 $31.2 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 twenty-five settling de minimis
parties a covenant not to sue or take administrative action against any
of the twenty-five 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 initially issued this settlement offer to the de minimis
parties on August 18, 2003. This offer was subsequently revised and
reissued on October 20, 2003.
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.
Dated: July 19, 2004.
Richard J. Kampf,
Acting Regional Administrator, Region III.
[FR Doc. 04-16945 Filed 7-23-04; 8:45 am]
BILLING CODE 6560-50-P