[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15257-15258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8479]



-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5451-4]


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. 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. Sec. 9622(g)(4). This proposed 
settlement is intended to resolve the liabilities under CERCLA of four 
de minimis parties for response costs incurred and to be incurred at 
the C&D Recycling Superfund Site, Foster Township, Luzerne County, 
Pennsylvania.

DATES: Comments must be provided on or before May 6, 1996.

ADDRESSES: 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 C&D Recycling 
Superfund Site, Foster Township, Luzerne County, Pennsylvania, U.S. EPA 
Docket No. III-96-05-DC.

FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC32), 215/
597-3233, U.S. Environmental Protection Agency, 841 Chestnut Street, 
Philadelphia, Pennsylvania 19107.

SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In 
accordance with Section 122(i)(1) of CERCLA and Section 7003(d) of the 
Solid Waste Disposal Act, 42 U.S.C. Sec. 6973(d), notice is hereby 
given of a proposed administrative settlement concerning the C&D 
Recycling Superfund Site, in Foster Township, Luzerne County, 
Pennsylvania. The agreement was proposed by EPA Region III on September 
28, 1995. 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. Consolidated Edison Company of New York, Inc.
2. Metal Exchange Corporation
3. New York Transit Authority, Inc.
4. ICI Explosives USA, Inc.

    These four parties collectively have agreed to pay $63,294.00 
subject to the contingency that EPA may elect not to complete the 
settlement if comments received from the public during this comment 
period disclose facts or considerations which indicate the proposed 
settlement is inappropriate, improper, or inadequate. Monies collected 
from de minimis parties will be applied towards past and future 
response costs incurred at or in connection with the Site. The 
settlement includes a premium to cover the risk of cost overruns or 
increased costs to address conditions at the Site previously unknown to 
EPA but discovered after the effective date of the Consent Order.
    EPA is entering into this agreement under the authority of Sections 
107 and 122(g) of CERCLA, 42 U.S.C. Sec. Sec. 9607 and 9622(g). Section 
122(g) authorizes early settlements with de minimis parties to allow 
them to resolve their liabilities at Superfund Sites without incurring 
substantial transaction costs.

[[Page 15258]]
Under this authority, EPA proposes to settle with a number of 
potentially responsible parties at the C&D Recycling Company, Inc. 
Superfund Site, each of whom is responsible for less than one percent 
of the volume of hazardous substance disposed of at the Site. EPA 
issued a draft settlement proposal to the de minimis parties on June 
14, 1995 and invited comments and challenges to the volumetric ranking. 
On September 28, 1995, EPA issued a final settlement proposal embodied 
in an 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 September 28, 1995. De minimis settling parties will be 
required to pay their volumetric share of the Government's and a 
Potentially Responsible Party's past response costs and the estimated 
future response costs at the C&D Recycling Company, Inc. Superfund Site 
excluding any federal claims for natural resource damages or any State 
claims.
    The settlement as it is now proposed includes an adjustment to the 
volumetric share of an eligible de minimis party; this adjustment was 
made prior to the final settlement proposal being sent to all eligible 
parties on September 28, 1995, in response to information provided by 
this party to EPA. The party affected is New York Transit Authority, 
Inc.
    The Environmental Protection Agency will receive written comments 
relating to this Agreement 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. Sec. 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, (3RC32), 841 
Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting 
Yvette Hamilton-Taylor at (215) 597-3233.
Stanley L. Laskowski,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region III.
[FR Doc. 96-8479 Filed 4-4-96; 8:45 am]
BILLING CODE 6560-50-P