[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Notices]
[Page 26602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10892]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7660-4]


Notice of Administrative Order on Consent for Past Response Costs 
Relating to the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, As Amended by the Superfund Amendments and 
Reauthorization Act

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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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), 42 U.S.C. 9622(i), notice is hereby given of a 
proposed administrative cost recovery settlement concerning the Tyler 
Refrigeration Pit Superfund Site located in Smyrna, Kent County, 
Delaware (Proposed Settlement). The Proposed Settlement with the Clark 
Equipment Company, Inc. (Settling Party) has been approved by the 
Attorney General, or his designee, of the United States Department of 
Justice pursuant to section 122(h) of CERCLA, 42 U.S.C. 9622(h). The 
Proposed Settlement was signed by the Regional Administrator of the 
United States Environmental Protection Agency (EPA), Region III, on 
April 15, 2004, pursuant to section 122(h) of CERCLA, 42 U.S.C. 
9622(h), and is subject to review by the public pursuant to this 
notice.
    The Proposed Settlement resolves EPA's claim for past response 
costs under section 107 of CERCLA, 42 U.S.C. 9607, against the Settling 
Party, and requires the Settling Party to make a payment of $49,429.00 
towards EPA's past response costs. This payment represents 
reimbursement of the remainder of costs EPA incurred in overseeing the 
Settling Party's performance of a Remedial Investigation at the Site as 
well as a partial reimbursement of other unreimbursed past costs 
incurred by EPA in connection with the Site as set forth in the EPA 
Financial Management System as of November 4, 2003.
    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 19103-2029.

DATES: Comments must be provided on or before June 14, 2004.

ADDRESSES: The Proposed Settlement is available for public inspection 
at the U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, PA 19103. A copy of the Proposed Settlement may 
be obtained from Ms. Suzanne Canning, Legal Program Coordinator 
(3RC00), U.S. Environmental Protection Agency, 1650 Arch Street, 
Philadelphia, PA 19103; telephone number (215) 814-2476. Comments 
should reference the ``Tyler Refrigeration Pit Superfund Site'' and 
``EPA Docket No. CERCLA-03-2004-0179CR'' and should be forwarded to Ms. 
Canning at the above address.

FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC43), Senior 
Assistant Regional Counsel, (215) 814-2636, U.S. Environmental 
Protection Agency, 1650 Arch Street, Philadelphia, Pennsylvania 19103-
2029.

    Dated: April 30, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-10892 Filed 5-12-04; 8:45 am]
BILLING CODE 6560-50-P