[Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
[Notices]
[Pages 39288-39289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19517]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6127-3]


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 (EPA).

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''), notification is hereby given of a proposed 
administrative de minimis settlement concerning the Novak Sanitary 
Landfill Superfund Site in Lehigh County, Pennsylvania, with the party 
listed below. The settlement requires the settling party to pay a total 
of $79,565.24 to the Hazardous Substances Superfund. The settlement 
includes an EPA covenant not to sue the settling party pursuant to 
sections 122(f) and 122(g) of CERCLA. Section 122(g) of CERCLA provides 
EPA with the authority to enter into a de minimis settlement.
    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. Any comments received, and 
EPA's responses, will be available for public inspection at the 
Parkland Library located at 4422 Walbert Avenue, Allentown, PA. 
Comments and responses can also be reviewed at U.S. EPA Region III at 
the address provided below. 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).

DATES: Comments must be provided on or before August 21, 1998.

ADDRESSES: A copy of the proposed settlement may be obtained from Joan 
Martin-Banks, Mailcode (3HS11), U.S. EPA Region III, 841 Chestnut 
Building, Philadelphia, PA 19107, (215) 566-3156, prior to July 9, 
1998, and from Joan Martin-Banks, Mailcode (3HS11), U.S. EPA Region 
III, 1650 Arch Street, Philadelphia, PA 19103, after July 9, 1998. 
Comments should be addressed to the Docket Clerk, U.S. Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, PA 
19107, prior to July 23, 1998, and to the Docket Clerk, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103, after July 23, 1998, and should refer to: In 
Re: Novak Sanitary Landfill Superfund Site, Lehigh County, 
Pennsylvania, U.S. EPA Docket No. III-97-04-DC.

FOR FURTHER INFORMATION CONTACT: Marcia Preston, Mail Code (3RC21), 
(215) 566-2679, U.S. Environmental Protection Agency, 841 Chestnut

[[Page 39289]]

Building, Philadelphia, PA 19107, prior to July 23, 1998, and at (215) 
814-2679, Mail Code (3RC21), U.S. Environmental Protection Agency, 1650 
Arch Street, Philadelphia, PA 19103, after July 23, 1998.

SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In 
accordance with section 122(I)(1) of CERCLA, notification is hereby 
given of a proposed administrative settlement concerning the Novak 
Sanitary Landfill Superfund Site, in Lehigh County, PA. Notification 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 document, the agreement has met with the 
approval of the Attorney General or her designee, United States 
Department of Justice.
    Below is the party who has executed a binding certification of its 
consent to participate in this settlement:
    The Lehigh Valley Vocational-Technical School. This party has 
agreed to pay $79,565.24, 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, 
discloses facts or considerations which indicate the proposed 
settlement is inappropriate, improper, or inadequate. Money collected 
from the de minimis party will be used for past response costs incurred 
at or in connection with the Site. The amounts to be paid by the de 
minimis party 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. The de minimis party 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. De minimis settlements with seven other de 
minimis parties became effective on July 10, 1995. In July of 1996, EPA 
issued a final settlement proposal to Lehigh Valley Vocational-
Technical School embodied in the Administrative Order on Consent. The 
proposed settlement reflects conditions known to the parties on or 
about November 19, 1996. The de minimis settling party will be required 
to pay its 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 resources damages or any 
State claims), plus the premium amount.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 98-19517 Filed 7-21-98; 8:45 am]
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