[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