[Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
[Notices]
[Page 57240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28062]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5330-9]


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 second 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 3 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 14, 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: C & R Battery Company, Inc. Site, Chesterfield County, Virginia, 
U.S. EPA Docket No. III-95-58-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 
August 30, 1995 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 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:

Steve A. Stump t/a Stump's Scrap Yard
Gilbert Freedman t/a Ace Junk Company
Vinton Scrap & Metals Company

    These 3 parties collectively agreed to pay $27,581.50 to the United 
States Environmental Protection Agency and all 3 have agreed to pay 
$4,234.97 to the Department of Interior and the National Oceanic and 
Atmospheric Administration 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, which allow them to resolve their liability under 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 three potentially responsible 
parties at the C & R Battery Company, Inc. Site who are each 
responsible for less than 1% percent of the volume of hazardous 
substances at the Site. The United States previously settled with 66 de 
minimis parties who are each responsible for less than 1% percent of 
the volume of hazardous substances at the Site. The grant of a covenant 
not to sue for damages to natural resources 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. The de minimis parties listed above will be required to pay their 
share of the Department of Interior's and the National Oceanic and 
Atmospheric Administration's estimated costs of damages to natural 
resources.
    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.
W. Michael McCabe,
Regional Administrator, EPA, Region III.
[FR Doc. 95-28062 Filed 11-13-95; 8:45 am]
BILLING CODE 6560-50-P