[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15843-15844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8529]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5989-6]


Palmerton Zinc Superfund Site De Minimis Settlement; Proposed 
Administrative Settlement Under the Comprehensive Environmental 
Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
enter into de minimis settlements 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 
settlements are intended to resolve the potential liability under 
CERCLA of homeowners of 27 residences as de minimis parties for 
response costs incurred by the United States Environmental Protection 
Agency at the Palmerton Zinc Superfund Site, Carbon County, 
Pennsylvania.

DATES: Comments must be provided on or before May 1, 1998.

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: 
Palmerton Zinc Superfund Site, Carbon County, Pennsylvania, U.S. EPA 
Docket Nos. III-97-11-DC, III-97-12-DC, III-97-13-DC, III-97-14-DC, 
III-97-17-DC, III-97-18-DC, III-97-19-DC, III-97-24-DC, III-97-26-DC, 
III-97-28-DC, III-97-30-DC, III-97-32-DC, III-97-40-DC, III-97-42-DC, 
III-97-45-DC, III-97-47-DC, III-97-49-DC, III-97-50-DC, III-97-52-DC, 
III-97-53-DC, III-97-54-DC, III-97-55-DC, III-97-56-DC, III-97-58-DC, 
III-97-64-DC, III-97-66-DC, and III-97-69-DC.

FOR FURTHER INFORMATION CONTACT: Cynthia Nadolski (3RC32), Office of 
Regional Counsel, United States Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, Pennsylvania 19107, (215) 566-2673.

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 administrative 
settlements concerning the Palmerton Zinc Site in Carbon County, 
Pennsylvania. The administrative settlements were signed by the 
Regional Administrator of the United States Environmental Protection 
Agency, Region III, on April 11, 1997, and are subject to review by the 
public pursuant to this Notice. The agreements were also subject to the 
approval of the Attorney General, United States Department of Justice 
or her designee.
    The 27 parties agree to allow complete access to their properties 
by EPA and its representatives and to cooperate and not to interfere 
with the activities of EPA or its representatives during an ongoing 
response action to remove lead, cadmium and zinc contamination from 
their properties in Palmerton, Pennsylvania in exchange for receiving a 
covenant not to sue pursuant to Section 122(g) of CERCLA, 42 U.S.C. 
9622(g), and contribution protection pursuant to Section 113(f) of 
CERCLA, 42 U.S.C. 9613(f). The

[[Page 15844]]

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 potential liability 
under CERCLA. Under this authority, EPA proposes to settle with 
homeowners at the Palmerton Zinc Site who meet the standards for a de 
minimis landowner settlement under CERCLA Section 122(g)(1)(B), 42 
U.S.C. 9622(g)(1)(B). The Environmental Protection Agency will receive 
written comments to these proposed administrative settlements for 
thirty (30) days from the date of publication of this Notice. A copy of 
the proposed Administrative Orders on Consent can be obtained from the 
Environmental Protection Agency, Region III, Office of Regional 
Counsel, (3RC00), 841 Chestnut Building, Philadelphia, Pennsylvania 
19107, by contacting Cynthia Nadolski, Senior Assistant Regional 
Counsel, at (215) 566-2673.
Alvin R. Morris,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 98-8529 Filed 3-31-98; 8:45 am]
BILLING CODE 6560-50-P