[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28150]
[[Page Unknown]]
[Federal Register: November 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5105-7]
C & R Battery Company, Inc. De Minimis Settlement; Proposed
Administrative Settlement Under the Comprehensive Environmental
Response, Compensation and Liability Act
AGENCY: United States Environmental Protection Agency.
ACTION: Request for public comment.
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SUMMARY: The United States 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 66 de
minimis parties for response costs incurred by the United States
Environmental Protection Agency at the C & R Battery Company, Inc.
Site, Chesterfield County, Virginia.
DATES: Comments must be provided on or before December 15, 1994.
ADDRESSES: Comments should be addressed to the Docket Clerk, United
States Environmental Protection Agency, Region III, 841 Chestnut
Building, Philadelphia, Pennsylvania, 19107, and should refer to: In
Re: C & R Battery Company, Inc. Site, Chesterfield County, Virginia,
U.S. EPA Docket No. III-94-25-DC.
FOR FURTHER INFORMATION CONTACT:
Lydia Isales (215) 597-9951, United States Environmental Protection
Agency, Office of Regional Counsel, (3RC20), 841 Chestnut Building,
Philadelphia, Pennsylvania, 19107.
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 C & R Battery Company, Inc. Site in
Chesterfield County, Virginia. The administrative settlement was signed
by the United States Environmental Protection Agency, Region III's
Regional Administrator on 9/26/94 and subject to review by the public
pursuant to this Notice. The agreement is also subject to the approval
of the Attorney General, United States Department of Justice or her
designee and for the grant of a covenant not to sue for natural
resource damages, is also subject to agreement in writing by the
Department of Interior and the National Oceanic and Atmospheric
Administration. Below are listed the parties who have executed binding
certifications of their consent to participate in the settlement:
All-Scrap Salvage, Inc.
AT&T Corp
Annaco, Inc.
Arcon Equipment, Inc.
Baker Iron & Metal Co., Inc.
Barlow, F. Wayne
Bell Atlantic--Maryland, Inc. (f/k/a C&P Telephone of Maryland)
Berry Enterprises. Inc. (f/k/a Berry Iron & Metal Company)
Boydton Farm Supply Co.
Brenner Companies, Inc. (f/k/a Brenner Iron & Metal Company)
Bridgestone/Firestone, Inc.
Brittenham's Rebuilding Service, Inc.
Bruce's Iron & Metal, Inc.
Charles Bluestone Company
City of Richmond, Virginia
Cohen & Green Salvage Co., Inc.
Coiners Scrap Iron and Metal, Inc.
Columbia Steel & Metal Co., Inc.
Cook's Scrap Metal Inc.
Cumberland Battery Inc.
D.C. Systems, Inc.
Doody's Used Auto Parts, Incorporated
Exide Corporation
Exxon Corporation
Gould, Inc.
Hopewell Iron & Metal Company, Inc.
International Business Machines Corporation
J.C. Penney Company, Inc.
Kirk Battery Co.
Knox Metals Corporation
Lake City, Inc. (f/k/a Lake City Scrap Metal, Inc.)
Lake City, Inc. (f/k/a Bedford Recycling, Inc.)
Leesburg Iron & Metal, Inc.
Livingston & Co., Inc.
Manassas Scrap Metal Co.
Maryland Recycle Company, Inc. (f/k/a Ron's Recycling Center)
Metallics Recycling Co.
Metalmart, Inc.
Mine Battery Service, Inc.
Mountain Metal Company Incorporated, of West Prestonburg, Kentucky
Myers Brothers, Inc.
National Waste Paper Company, The
New Castle Battery Manufacturing Company
Newell Industries, Inc.
Newton, Clarence R. ``Buddy'' d/b/a B&N Auto Salvage Co.
Niles Iron & Metal Co., Inc.
Norfolk Southern Railway Company
Omnisource Corporation
Pascap Company, Inc.
RSR Corporation
Reserve Iron & Metal Ltd., Partnership (f/k/aP Reserve Iron & Metal,
Inc.)
Reynolds Metals Company
Richmond, Fredericksburg and Potomac Railroad Company
Rocky Mount Recyclers, Inc.
Sammett Towing and Salvage, Inc.
Siskin Steel & Supply Co., Inc.
Southern Foundry Supply, Inc.
St. Marys Iron and Steel Corporation
Street, James H.
Textron, Inc.
United Salvage Company
V.H. Holmes & Sons, Inc.
Ware's Van & Storage Co., Inc. (f/k/a S&M Systems Corp.)
Western Auto Supply Company
Willoughby Iron & Waste Material Co.
Zuckerman Metals, Inc.
These 66 parties collectively agreed to pay $684,947.58 to the
Hazardous Substance Trust Fund. Out of such amount, the Environmental
Protection Agency will forward $89,149.94 to the Department of Interior
and the National Oceanic and Atmospheric Administration for natural
resource damages. Such payment is being made by 63 of the 66
signatories (all but New Castle Manufacturing Company, Newton, Clarence
R. ``Buddy'' d/b/a B & N Auto Salvage Co., and United Salvage Company).
The agreement is subject to the contingency that the Environmental
Protection Agency may elect not to complete the settlement based on
matters brought to its attention during the public comment period
established by this Notice.
EPA is entering into this agreement under the authority of Sections
122(g) and 107 of CERCLA, 42 U.S.C. 9622(g) and 9607. Section 122(g) of
CERCLA, 42 U.S.C. 9622(g), authorizes early settlements with de minimis
parties to allow them to resolve their liabilities under, inter alia,
Section 107 of CERCLA, 42 U.S.C. Sec. 9607, to reimburse the United
States for response costs incurred in cleaning up Superfund sites
without incurring substantial transaction costs. Under this authority
the Environmental Protection Agency proposes to settle with potentially
responsible parties at the C & R Battery Company, Inc. Site who are, in
total, responsible for less than 10% percent of the volume of hazardous
substances at the Site. The grant of a covenant not to sue for natural
resource damages by the Department of Interior and the National Oceanic
and Atmospheric Administration to those parties paying their share of
such allocated costs is subject to agreement in writing by the
Department of Interior and the National Oceanic and Atmospheric
Administration pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).
The de minimis parties listed above will be required to pay their
volumetric share of the Government's past response costs and the
estimated future response costs at the C & R Battery Company, Inc.
Site, and an appropriate premium in accordance with Agency policy. The
de minimis parties listed above (with the exception of New Castle
Manufacturing Company, Newton, Clarence R. ``Buddy'' d/b/a B & N
Salvage Co., and United Salvage Company) will be required to pay their
share of the Department of Interior's and the National Oceanic and
Atmospheric Administration's estimated natural resource damages. Three
de minimis parties are paying a lesser amount than their volumetric
share, based on ability to pay.
The Environmental Protection Agency will receive written comments
to this proposed administrative 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 the Environmental
Protection Agency, Region III, Office of Regional Counsel, (3RC20), 841
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting
Lydia Isales, Senior Assistant Regional Counsel, at (215) 597-9951.
Peter H. Kostmayer,
Regional Administrator, EPA, Region III.
[FR Doc. 94-28150 Filed 11-14-94; 8:45 am]
BILLING CODE 6560-50-P