[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Notices]
[Pages 29312-29313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10147]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7915-4]


Proposed Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation and Liability Act Regarding the 
Pittsburgh Metal and Equipment Superfund Site, Jersey City, NJ

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and request for 
public comment.

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SUMMARY: In accordance with 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), to reach settlements with 
de minimis parties in actions under section 106 or 107 of CERCLA, 42 
U.S.C. 9606 or 9607, et seq., the U.S. Environmental Protection Agency 
(``EPA'') announces a proposed administrative settlement to resolve 
claims under CERCLA at the Pittsburgh Metal & Equipment Superfund Site. 
This settlement among the de minimis Settling Parties with respect to 
the Site pursuant to section 122(g) of CERCLA, 42 U.S.C. 9622(g), 
allows Parties to make a cash payment to resolve their alleged civil 
liability under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607, for injunctive relief with regard to the Site and for response 
costs incurred and to be incurred at or in connection with the Site. By 
this notice, EPA is informing the public of the proposed settlement and 
of the opportunity to comment.
    The Site is a former smelting facility that operated for 
approximately thirty-five years. It received used metal and dross from 
a number of clients, including those in the printing industries. EPA 
confirmed contamination at the Site as high as 15% lead in the top two 
feet of soil. Other hazardous substances at the site include cadmium, 
antimony, beryllium, copper, nickel, silver, zinc, and PCBs.
    As a result of the release or threatened release of hazardous 
substances, EPA has undertaken response actions at or in connection 
with the Site under section 104 of CERCLA, 42 U.S.C. 9604.
    Section 122(g) of CERCLA authorizes EPA to consider, compromise and 
settle certain claims incurred by the United States. Under the terms of 
the Agreement, the de minimis Settling Parties will pay a total of 
approximately $370,000.00 to reimburse EPA for certain response costs 
incurred at the Site. In exchange, EPA will grant a covenant not to sue 
or take administrative action against the Parties for reimbursement of 
past-response costs pursuant to section 107(a) of CERCLA. The Attorney 
General has approved this settlement.
    EPA will consider any comments received during the comment period 
and may withdraw or withhold consent to the proposed settlement if 
comments disclose facts or considerations that indicate the proposed 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. Environmental Protection Agency, Office of Regional Counsel, 290 
Broadway--17th Floor, New York, New York 10007-1866, Telephone: (212) 
637-3111.

DATES: Comments must be provided within June 20, 2005.

ADDRESSES: Comments should be sent to the U.S. Environmental Protection 
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York, 
NY 10007-1866 and should refer to: Pittsburgh Metal and Equipment 
Superfund Site, U.S. EPA Index No. CERCLA-02-2005-2007.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, New 
York 10007-1866. Telephone: (212) 637-3111.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
settlement may be obtained in person or by mail from Sonia Malone-
Ayala, U.S. Environmental Protection Agency, 290 Broadway--17th Floor, 
New York, NY 10007-1866. Telephone: (212) 637-3126.


[[Page 29313]]


    Dated: May 2, 2005.
William J. McCabe,
Acting Director, Emergency and Remedial Response Division, Region 2.
[FR Doc. 05-10147 Filed 5-19-05; 8:45 am]
BILLING CODE 6560-50-P