[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7052-7054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2828]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5149-5]


Jack's Creek/Sitkin Smelting Superfund Site 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 112 
de minimis parties for response costs incurred by the United States 
Environmental Protection Agency at the Jack's Creek/Sitkin Smelting 
Superfund Site, Maitland County, Pennsylvania.

Dates: Comments must be provided on or before March 8, 1995.

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: Jack's Creek/Sitkin Smelting Superfund Site, Maitland County, 
Pennsylvania, U.S. EPA Docket No. III-94-40-DC.

For Additional Information Contact: Daniel Isales (215) 597-4774, or 
Pamela [[Page 7053]] Lazos (215) 597-8504, 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), and Section 7003(d) of the Solid Waste 
Disposal Act, 42 U.S.C. 6973(d), notice is hereby given of a proposed 
administrative settlement concerning the Jack's Creek/Sitkin Smelting 
Superfund Site in Maitland County, Pennsylvania. The administrative 
settlement was signed by the United States Environmental Protection 
Agency, Region III's Regional Administrator on September 30, 1994 and 
is 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 
(``DOI''). Below are listed the parties who have executed binding 
certifications of their consent to participate in the settlement:

See attached list

    These 113 parties collectively agreed to pay $3,791,664.96 to the 
United States Environmental Protection Agency toward EPA response costs 
and have the option of paying $136,465.87 to DOI 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 those 
potentially responsible parties at the Jack's Creek/Sitkin Smelting 
Superfund Site who are each responsible for less than .05% percent of 
the volume of hazardous substances at the Site. The grant of a covenant 
not to sue for damages to natural resources by DOI to those parties 
paying their share of such allocated costs is subject to agreement in 
writing by DOI 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 Jack's Creek/Sitkin Smelting 
Superfund Site. EPA will not know until the first payment is made which 
parties have chosen to settle with DOI.
    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. Moreover, pursuant to Section 
7003(d) of the Solid Waste Disposal Act, 42 U.S.C. 6973(d), the public 
may request a meeting in the affected area. 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 
Daniel Isales at (215) 597-4774 or Pamela Lazos at (215) 597-8504.
Peter H. Kostmayer,
Regional Administrator, EPA, Region III.

Jack's Creek De Minimis Settlors

Abramson Auto Wrecking
Akron Brass
Alabama Scrap Metal Co. (Shredders)
American Totalisator Company, Inc.
Anaconda American Brass Co.
Annadale Scrap Co. (Annaco)
Arrowhead Brass Products, Inc.
Arrow-Hart, Inc. (Cooper Indust.)
Assad Iron & Metals, Inc.
AT&T
Baker Iron & Metal Co.
Berg Electronics
Brodey & Brodey
Burndy Corporation
Chrysler Corporation
Coatesville Scrap Iron & Metal Co.
Consolidated Fibres (CFI Indust.)
Continental Wire and Cable
Control Data Corp. (Ceridian Corp.)
Con-Rail
Coulter Electronics
Crescent Brass Mfg. Corp.
Culp Iron & Metal Co., Inc.
Cutler Hammer (Shallcross) (Eaton)
Digital Equipment Corp.
Douglas Battery Mfg.
Dow Chemical
Duke Power Company
Eljer Plumingware
Emil A. Schroth, Inc.
Empire Recycling Co.
Excel Products Co. Inc.
Excelsior Brass Works
E. I. De Nemours & Company
Fairchild Semiconductor
Federal Metal Company
General Battery (Exide)
GTE Information Systems
GTE Sylvania Inc.
GTI Corporation
H & D Metal Co., Inc.
Harris Corporation
Harris Semiconductor1

    \1\Harris Corporation signed for itself and its subsidiary, 
Harris Semiconductor. Harris Semiconductor was listed on the 
Volumetric Ranking Summary (``VRS'') as an orphan. Its share has 
been recalculated and had been added to the Addendum to the VRS.
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Harrisburg Waste Paper Co.
Hobart Corp.
Hodes Industries Inc.
Honeywell Information Systems
Ingersoll-Rand Company
ITT
Jacobson Metal Co. (The Union Corp.)
Joseph Freedman Co., Inc.
J.W. Harris Co. Inc.
Kane Bros. Scrap I & M
Kassab Bros.
Louisville Scrap Material Co., Inc.
M & K Metal Processors
Mallory Controls Co.
Mann Edge Tool
Mansfield Sanitary Inc.
Marlette Homes
Maryland Metals
Metal Bank of America (U.S.O.-MBA)
Metallurgical Products Co.
Metalsco Inc.
Miller Co., The
Montgomery Iron & Metal
Morris Iron & Steel Co.
Motorola, Inc.
National Nickel Alloy
New Jersey Zinc Co.
Newman, Reggie (Reggie Newman & Assoc., Inc.)
Novey's Iron & Steel
Olin Matheison
Parkwood Iron and Metal
Peck Iron & Metal Co.
Penn Central (Am. Premier Under.)
Pennsylvania Depart. of General Ser.
Pennsylvania State University
Phelps Dodge Refining Corp. and its subsidiaries2:

    \2\Unlike Harris Corporation, none of the Phelps Dodge 
subsidiaries were listed separately in the VRS. Therefore, they are 
not counted here as separate settlors.
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--Phelps Dodge Brass
--Phelps Dodge Copper Prod. Corp.
--Phelps Dodge Industries, Inc.
--Phelps Dodge Copper Products Company

Philadelphia Electric Co. (PECO)
PPG Industries
P.M. Refining, Inc.
Raytheon Co.
Riegel Textile Corp.
River Smelting & Refining
Riverside Metal (Root Corp.)
Robinette Scrap Metal
Roumm's Scrap Materials R.S.R.
Sabel Steel Service
Seville Centrifugal Bronze
Sheidow Bronze Corp.
Shell Chemical (Shell Oil Co.)
Smith Iron & Metal Co.
Stanley Sack Co.
State Line General Scrap Co.
Suisman & Blumenthal
Sunbury Daily Item
Superior Brass & Alum. Cast Co.
S. Kasowitz & Son
Telex Computer Products
Unisys
United Brass Works Inc. [[Page 7054]] 
Universal Scrap Metal Corp.
U.S. Postal Service
U.S. Steel (USX Corp.)
Watts Regulator Co.
Weatherhead Co. (Dana Corp.)
Weinstein Co. (Web-Jamestown Corp.)
West Bend Co.
Westinghouse
Wise Metals Co. Inc.
Young American Homes

[FR Doc. 95-2828 Filed 2-3-95; 8:45 am]
BILLING CODE 6560-50-P