[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Page 49771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24281]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5613-6]


Elizabethtown Landfill 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 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 5 de 
minimis parties for response costs incurred by the United States 
Environmental Protection Agency at the Elizabethtown Landfill Superfund 
Site, West Donegal Township, Lancaster County, Pennsylvania.

DATES: Comments must be provided on or before October 23, 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: Elizabethtown Landfill Superfund Site, West Donegal Township, 
Lancaster County, Pennsylvania, U.S. EPA Docket No. III-96-10-DC.

FOR FURTHER INFORMATION CONTACT: Charles B. Howland, Senior Assistant 
Regional Counsel, (215) 566-2645, United States Environmental 
Protection Agency, Office of Regional Counsel, (3RC23), 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 Elizabethtown Landfill Superfund Site in West 
Donegal Township, Lancaster County, Pennsylvania. The administrative 
settlement was signed by the United States Environmental Protection 
Agency, Region III's Regional Administrator on June 27, 1996 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. Below are listed the parties who 
have executed binding certifications of their consent to participate in 
the settlement: Armstrong World Industries, Inc., P. Clayman & Sons, 
Inc. (t/a P. Clayman & Sons of Pennsylvania, Inc.), United Selling 
Corporation, United Piece Dye Works, L.P., Chargeurs Inc.
    These 5 parties collectively agreed to pay $221,977 to the United 
States Environmental Protection Agency 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 to allow them to resolve their liabilities under, inter alia, 
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 potentially 
responsible parties at the Elizabethtown Landfill Superfund Site who 
are responsible for less than .39 percent of the volume of identified 
hazardous substances at the Site.
    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 Elizabethtown Landfill Superfund 
Site.
    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, (3RC23), 841 
Chestnut Building, Philadelphia Pennsylvania, 19107 by contacting 
Charles B. Howland, Senior Assistant Regional Counsel, at (215) 566-
2645.
W.T. Wisniewski,
Acting Regional Administrator, EPA, Region III.
[FR Doc. 96-24281 Filed 9-20-96; 8:45 am]
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