[Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28712]


[[Page Unknown]]

[Federal Register: November 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5110-1]

 

Notice of Proposed Prospective Purchaser Agreement Pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, as Amended by the Superfund Amendments and Reauthorization 
Act of 1986

AGENCY: U.S. Environmental Protection Agency.

ACTION: Notice; Request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (``CERCLA''), 42 U.S.C. 
9601-9675, notice is hereby given that a proposed Prospective Purchaser 
Agreement (``Agreement'') associated with the Commodore Semiconductor 
Group Superfund Site (the ``Site'') in Norristown, Lower Providence 
Township, Montgomery County, Pennsylvania, was executed by the 
Environmental Protection Agency (``Agency'') on Nov. 14, 1994 and is 
subject to final approval or disapproval by the United States Attorney 
General or her designee. The Prospective Purchaser Agreement would 
resolve certain potential EPA claims under Section 107 of CERCLA, 42 
U.S.C. 9607, against GMT Microelectronics, Inc. (``Purchaser''). The 
Agreement provides that in exchange for a limited Covenant Not to Sue 
which relates only to existing contamination at the Site, and 
contribution protection, the Purchaser will provide the Agency with a 
``substantial benefit'' which consists of the following: (1) Payment of 
EPA's response costs at the Site incurred prior to the effective date 
of the Agreement (approximately six-hundred and twenty-five thousand 
dollars ($625,000)); (2) Payment of approximately three-hundred and 
seventy-five thousand dollars ($375,000) into an Escrow fund 
established pursuant to an Escrow Agreement signed by the Purchaser and 
EPA, to be used to pay response costs incurred by EPA or any private 
party conducting response work at the Site pursuant to a Consent Decree 
or Unilateral Administrative Order signed by EPA, after the effective 
date of this Agreement (``Lump Sum Future Response Cost Payment''); (3) 
Payments of up to thirty-five thousand dollars annually for Remedial 
Action Oversight Costs, to be paid to the ``EPA Hazardous Substance 
Response Superfund;'' (4) Payments of up to sixty-five thousand dollars 
($65,000) annually for response costs incurred at the Site. This money 
will be paid into the Escrow fund, and disbursed in a manner similar to 
the Lump Sum Future Response Cost Payment. The Purchaser also agrees to 
provide EPA and its authorized representatives with unrestricted access 
to the Site, and not to interfere with remedial activities at the Site.
    For thirty (30) days following the date of publication of this 
Notice, the Agency will receive written comments relating to the 
proposed Agreement. The Agency's response to any comments received will 
be available for public inspection at the U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, PA 19107.

DATES: Comments must be submitted on or before December 21, 1994.

ADDRESSES: The proposed Agreement and additional background information 
relating to the Agreement are available for public inspection at the 
U.S. Environmental Protection Agency, Region III, 841 Chestnut 
Building, Philadelphia, PA 19107. A copy of the proposed Agreement may 
be obtained from Suzanne Canning, U.S. Environmental Protection Agency, 
Regional Docket Clerk (3RC00), 841 Chestnut Building, Philadelphia, PA 
19107. Comments should reference the ``Commodore Semiconductor Group 
Superfund Site'' and should be forwarded to Suzanne Canning at the 
above address.

FOR FURTHER INFORMATION CONTACT: Sarah Keating, Esquire (3RC33), 
Assistant Regional Counsel (Region III), U.S. Environmental Protection 
Agency, 841 Chestnut Building, Philadelphia, PA 19107 (215) 597-0814.

    Dated: November 8, 1994.
Stanley Laskowski,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region III.
[FR Doc. 94-28712 Filed 11-18-94; 8:45 am]
BILLING CODE 6560-50-P