[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10760-10761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6246]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5442-2]


Notice of Proposed Administrative Settlement Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and the Resource Conservation and Recovery Act

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for public comment; opportunity for public 
meeting.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), notice is hereby given of a proposed 
administrative de minimis settlement concerning the Novak Sanitary 
Landfill Superfund Site in Lehigh County, Pennsylvania, with the 
parties listed below. The settlement requires the settling parties to 
pay a total of $300,920.38 to the Hazardous Substances Superfund. The 
settlement includes an EPA covenant not to sue the settling parties 
pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
and Section 7003 of the Resource Conservation and Recovery Act 
(``RCRA''), 42 U.S.C. 6973. Section 122(g) of CERCLA, 42 U.S.C. 
9622(g), provides EPA with authority to enter into de minimis 
settlements.

    For thirty days following the date of publication of this notice, 
the Agency will receive written comments relating to the settlement. 
The Agency will reconsider the settlement if comments received disclose 
facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at the 
Parkland Library located at 4422 Walbert Avenue, Allentown, PA and at 
the USEPA Region III, 841 Chestnut Street, Philadelphia, PA 19107. 
Commenters may request an opportunity for a public meeting in the 
affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
6973(d).

[[Page 10761]]

DATES: Comments must be provided on or before April 15, 1996.

ADDRESSES: A copy of the proposed settlement may be obtained from Joan 
Martin-Banks (3HWll) in EPA's Region III Office, 841 Chestnut Building, 
Philadelphia, PA 19107, (telephone: 215/597-1192). Comments should be 
addressed to the Docket Clerk, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107, and should 
refer to: In Re Novak Sanitary Landfill Superfund Site, Lehigh County, 
Pennsylvania, U.S. EPA Docket No. III-95-57-DC.

FOR FURTHER INFORMATION CONTACT: Wendy Miller (Mail Code 3RC32) (215) 
597-3230, U.S. Environmental Protection Agency, 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107.

SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In 
accordance with Section 122(i)(1) of CERCLA, notice is hereby given of 
a proposed administrative settlement concerning the Novak Sanitary 
Landfill Superfund Site, in Lehigh County, Pa. Notice of an opportunity 
for a public meeting pursuant to Section 7003 of the Resource 
Conservation and Recovery Act (``RCRA'') is also hereby given. The 
agreement was proposed by EPA Region III. Subject to review by the 
public pursuant to this Notice, the agreement has met with the approval 
of the Attorney General or her designee, United States Department of 
Justice.
    Below are listed the parties who have executed binding 
certifications of their consent to participate in this settlement:

1. Acoustical Spray Insulators, Inc.
2. American National Can Company
3. Ecolab Inc.
4. Howmet Cercast (U.S.A., Inc.)
5. International Multifoods Corporation
6. Mancor PA, Inc.
7. The Asbury Graphite Mills, Inc.

    These seven parties collectively have agreed to pay $300.920.38, 
subject to the contingency that EPA may elect not to complete the 
settlement if comments received from the public during this comment 
period or at a public meeting, if one is requested, disclose facts or 
considerations which indicate the proposed settlement is inappropriate, 
improper, or inadequate. Money collected from de minimis parties will 
be used for past response costs incurred at or in connection with the 
Site. The amounts to be paid by the de minimis parties include a 
premium to cover the risk that unknown conditions are discovered or 
information previously unknown to EPA is received.
    EPA is entering into this agreement under the authority of Sections 
122(g) and 107 of CERCLA and Section 7003 of RCRA. Section 122(g) 
authorizes settlements with de minimis parties to allow them to resolve 
their liabilities at Superfund Sites without incurring substantial 
transaction costs. Each of the de minimis parties is responsible for 
less than one percent of the volume of waste that may have contained 
hazardous substance disposed of at the Site. EPA issued a draft 
settlement proposal on May 10, 1995 and agreed to a thirty day 
negotiation period. On July 31, 1995, EPA issued a final settlement 
proposal embodied in the Administrative Order on Consent which included 
several modifications made in response to comments by de minimis 
parties in letters to EPA and during negotiations with the Agency. The 
proposed settlement reflects and was agreed upon based on conditions 
known to parties on or about July 31, 1994. Six of the de minimis 
settling parties will be required to pay their volumetric share of the 
Government's past response costs, estimated costs incurred by the 
potentially responsible parties that performed the Remedial 
Investigation/Feasibility Study (``RI/FS'') for the Site, and the 
estimated future response costs at the Site (excluding any federal 
claims for natural resource damages or any State claims), plus the 
premium amount. One de minimis party, The Asbury Graphite Mills, Inc., 
is required to pay its volumetric share of the Government's past 
response costs and the estimated future response costs at the Site 
(excluding any federal claims for natural resources damages or any 
State claims), plus the premium amount. The Asbury Graphite Mills, Inc. 
is not required to pay any amount toward the estimated costs of the RI/
FS because it was among the parties that agreed to perform the RI/FS 
and it has certified that it paid more than its volumetric share toward 
that performance.
Stanley L. Laskowski,
Regional Administrator, Region III.
[FR Doc. 96-6246 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-P