[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 4997-4998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2916]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5419-5]


Tonolli Corporation de Minimis Settlements; Proposed 
Administrative Settlements 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 an amendment to the Tonolli Corporation first de minimis 
settlement and an amendment to the 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). The proposed amendment to the first de 
minimis settlement is intended to resolve the liabilities under CERCLA 
of 9 de minimis parties for response costs incurred by the United 
States Environmental Protection Agency at the Tonolli Corporation Site, 
Nesquehoning, Pennsylvania. The proposed amendment to the second de 
minimis is intended to resolve the liability of 1 party for response 
costs incurred by the United States Environmental Protection Agency at 
the Tonolli Corporation Site.

DATES: Comments must be provided on or before March 11, 1996.

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: Tonolli Corporation Site, Nesquehoning, Pennsylvania U.S. EPA 
Docket No. III-92-35-DC and EPA Docket No. III-93-03-DC.

FOR FURTHER INFORMATION CONTACT: Lydia Isales (215) 597-9951, United 
States Environmental Protection 

[[Page 4998]]
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 proposed amendments to the 
Tonolli first and second de minimis administrative settlements 
concerning the Tonolli Corporation Site in Nesquehoning, Pennsylvania. 
The amendments to the administrative settlements were signed by the 
United States Environmental Protection Agency, Region III's Acting 
Regional Administrator. Given that the amendment to the Tonolli first 
de minimis administrative settlement includes settlement with three new 
parties, and re-settles with two prior signatories based on ability to 
pay, the amendment is subject to review by the public pursuant to this 
Notice. Given that the amendment to the Tonolli second de minimis 
settlement addresses re-settling with a prior signatory based on 
ability to pay, the amendment is subject to review by the public 
pursuant to this Notice. The agreements are also subject to the 
approval of the Attorney General, United States Department of Justice 
or her designee. Below are listed the parties who have executed binding 
certifications of their consent to participate in the amendment to the 
Tonolli first de minimis settlement:

Altoona Iron & Metal
Atlantic Battery Corporation
Buckeye Metals Corp.
General Metals and Smelting Company
Lexa Metal Corp.
Stump's Scrap Yard
Trojan Battery Company
U.S. Auto Radiator Manufacturer Co.
Vincent Pace Scrap Metals, Inc.

    These 9 parties collectively agreed to pay $153,157.27 towards 
costs expended by EPA at the Tonolli Corporation Site, in addition to 
payment of a total of $12,750.00 in stipulated penalties by two of the 
parties.
    Four of the de minimis parties to the amendment to the first de 
minimis settlement listed above, who had initially signed the first de 
minimis settlement, will be required to pay their volumetric share of 
the Government's past response costs and the estimated future response 
costs at the Tonolli Corporation Site, and an appropriate premium in 
accordance with Agency policy (Atlantic Battery Corporation, Buckeye 
Metals Corp., General Metals and Smelting Company, U.S. Auto Radiator 
Manufacturer Co.). The other two de minimis parties who had initially 
signed the first de minimis settlement are paying a lesser amount than 
their volumetric share, based on ability to pay (Lexa Metal Corp., 
Stump's Scrap Yard). Three of the nine de minimis parties listed above 
who were not originally signatories to the first de minimis settlement 
are now settling. One party is required to pay its volumetric share of 
the Government's past response costs and the estimated future response 
costs and an appropriate premium in accordance with Agency policy at 
the Tonolli Corporation Site (Trojan Battery Company). The other two 
new parties are paying a lesser amount than their volumetric share, 
based on ability to pay (Altoona Iron & Metal, Vincent Pace Scrap 
Metals, Inc.).
    Bethlehem Motors is the party that has executed a binding 
certification of its consent to participate in the amendment to the 
Tonolli second de minimis settlement. Bethlehem Motors was originally a 
signatory to the second de minimis settlement, but it was unable to pay 
its volumetric share of response costs. Consequently, EPA is re-
settling with Bethlehem Motors for $1.00 based on its ability to pay.
    These agreements are subject to the contingency that the 
Environmental Protection Agency may elect not to complete the 
settlements based on matters brought to its attention during the public 
comment period established by this Notice.
    EPA is entering into these agreements 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 Tonolli Corporation Site who are 
responsible for less than 1% percent of the volume of hazardous 
substances at the Site.
    The Environmental Protection Agency will receive written comments 
to these proposed amendments to administrative settlements for thirty 
(30) days from the date of publication of this Notice. A copy of the 
proposed amendments to Administrative Orders on Consent III-92-35-DC 
and III-93-03-DC 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.T. Wisniewski,
Acting Regional Administrator, EPA, Region III.
[FR Doc. 96-2916 Filed 2-8-96; 8:45 am]
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