[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28841]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5111-4]

 

Dal-Tile Corporation De Minimis Settlement; 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 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 Dal-
Tile Corporation for response costs addressed in the settlement which 
were incurred or may be incurred by the United States Environmental 
Protection Agency at the Hunterstown Road Site, Adams County, 
Pennsylvania.

DATES: Comments must be provided on or before December 22, 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: Hunterstown Road Site, Adams County, Pennsylvania, U.S. EPA Docket 
No. III-94-49-DC.

FOR FURTHER INFORMATION CONTACT: Daniel Isales (215) 597-4774, United 
States Environmental Protection Agency, Office of Regional Counsel, 
(3RC22), 841 Chestnut Building, Philadelphia, Pennsylvania, 19107.

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 with Dal-Tile Corporation concerning the 
Hunterstown Road Site in Adams County, Pennsylvania. The administrative 
settlement was signed by the United States Environmental Protection 
Agency, Region III's Regional Administrator on September 30, 1994 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 damages to natural resources, is also subject to 
agreement in writing by the Department of the Interior.
    Dal-Tile Corporation has agreed to pay $195,663.46 to the United 
States Environmental Protection Agency for response costs and $3,000.00 
to the Department of the Interior for damages to natural resources, 
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. 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 Dal-Tile 
Corporation at the Hunterstown Road Site. The grant of a covenant not 
to sue for damages to natural resources by the Department of the 
Interior is subject to agreement in writing by the Department of 
Interior pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).
    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, (3RC22), 841 
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting 
Daniel Isales, Assistant Regional Counsel, at (215) 597-4774.
Stanley Laskowsk,
Acting Regional Administrator, EPA, Region III.
[FR Doc. 94-28841 Filed 11-21-94; 8:45 am]
BILLING CODE 6560-50-P