[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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