[Federal Register Volume 65, Number 138 (Tuesday, July 18, 2000)]
[Notices]
[Page 44529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18106]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6837-8]


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation and Liability Act; Butler Mine 
Tunnel De Minimis Settlement

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: 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 Butler Mine Tunnel Superfund Site in Pittston 
Township, Luzerne County, Pennsylvania. The administrative settlement 
was signed by the United States Environmental Protection Agency, Region 
III's Regional Administrator on June 2, 2000, and is subject to review 
by the public pursuant to this document. The agreement has been 
approved by the Attorney General, United States Department of Justice 
or her designee.
    The Environmental Protection Agency is proposing to enter into a de 
minimis settlement pursuant to section 122(g) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended, (CERCLA), 42 U.S.C. 9622(g). This proposed settlement is 
intended to resolve the liability under CERCLA of one de minimis party 
for response costs incurred by the United States Environmental 
Protection Agency at the Butler Mine Tunnel Superfund Site, Pittston 
Township, Luzerne County, Pennsylvania.
    The City of College Park, a municipality, is the Settling Party who 
has executed binding certifications of its consent to participate in 
this settlement. This party has agreed to pay $4,000 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 document.
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating to the proposed 
settlement. EPA will consider all comments received and may withdraw or 
withhold consent to the proposed settlement if such comments disclose 
facts or considerations which indicate the proposed settlement is 
inappropriate, improper, or inadequate. EPA's response to any written 
comments received will be available for public inspection at the U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103.

DATES: Comments must be provided on or before August 17, 2000.

ADDRESSES: Comments should be addressed to the Docket Clerk, United 
States Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania, 19103, and should refer to: In Re: Butler 
Mine Tunnel Superfund Site, Pittston Township, Luzerne County, 
Pennsylvania, U.S. EPA Docket No. CERC-DEM-2000-01. The proposed 
settlement agreement is available for public inspection at the United 
States Environmental Protection Agency, Region III. A copy of the 
Administrative Order on Consent can be obtained from the Environmental 
Protection Agency, Region III, Office of Regional Counsel, (3RC44), 
1650 Arch Street, Philadelphia, Pennsylvania, 19103 by contacting 
Dawnmarie Dominski, Paralegal Specialist, at (215) 814-2614.

FOR FURTHER INFORMATION CONTACT: Charles Hayden, Assistant Regional 
Counsel, (215) 814-2668, United States Environmental Protection Agency, 
Office of Regional Counsel, (3RC44), 1650 Arch Street, Philadelphia, 
Pennsylvania, 19103.

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency 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 a municipal party at the 
Butler Mine Tunnel Superfund Site who is responsible for less than one 
percent of the volume of identified hazardous substances at the Site. 
The de minimis party listed above will be required to pay its 
volumetric share of the Government's past response costs and the 
estimated future response costs at the Butler Mine Tunnel Superfund 
Site.

    Dated: July 7, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.
[FR Doc. 00-18106 Filed 7-17-00; 8:45 am]
BILLING CODE 6560-50-P