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Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act

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 Proposed Administrative Settlement Under the Comprehensive 



[Federal Register: December 6, 1994]







ENVIRONMENTAL PROTECTION AGENCY

[FRL-5116-8]

 


Proposed Administrative Settlement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act



AGENCY: U.S. Environmental Protection Agency.



ACTION: Request for public comment.






SUMMARY: The U.S. Environmental Protection Agency is proposing to enter 
into a de minimis settlement 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). This proposed 
settlement is intended to resolve the liabilities under CERCLA of 65 de 
minimis parties for response costs incurred and to be incurred at the 
Eastern Diversified Superfund Site, Hometown, Pennsylvania.



DATES: Comments must be provided on or before January 5, 1995.



.ADDRESSES: Comments should be addressed to the Docket Clerk, U.S. 
Environmental Protection Agency, Region III, 841 Chestnut Building, 
Philadelphia, PA 19107, and should refer to: In Re Eastern Diversified 
Superfund Site, Hometown, Pennsylvania, U.S. EPA Docket No. III-94-30-
DC.



FOR FURTHER INFORMATION CONTACT: Helen Keplinger (Mail Code-2244) (202) 
260-7116, U.S. Environmental Protection Agency, Office of Site 
Remediation Enforcement, Room 3219-MALL, 401 M Street SW., Washington, 
DC 20460.



SUPPLEMENTARY INFORMATION: Notice of De Minimis Settlement: In 
accordance with section 122(i)(1) of CERCLA, notice is hereby given of 
a proposed administrative settlement concerning the Eastern Diversified 
Superfund Site, in Hometown, Pa. The agreement was proposed by EPA 
Region III on July 29, 1994. Subject to review by the public pursuant 
to this Notice, the agreement has met with the approval of the Attorney 
General or her designee, United States Department of Justice. Below are 
listed the parties who have executed binding certifications of their 
consent to participate in this settlement:


    

  1.  Abe Solomon
    

  2.  Alabama Power Company
    

  3.  Alcan Aluminum Corporation
    

  4.  Aluminum Company of America ``ALCOA''

  5.  American Flexible Conduit
    

  6.  Atlantic Richfield
    

  7.  Atlas Powder--n/k/a ICI Explosives USA Inc.

  8.  Baker Iron & Metal
    

  9.  Belden Wire & Cable Company
    

  10.  Berk-tek
    

  11.  Charles Bluestone
    

  12.  Boston Insulated Wire Cable Systems, Inc.

  13.  Brand Rex
    

  14.  C & R Waste
    

  15.  Cambridge I & M
    

  16.  Cerro Wire and Cable Co., Inc.
    

  17.  Chester Cable (Alcatel)
    

  18.  Coatsville I & M
    

  19.  Colonial Metals Co.
    

  20.  Consolidated Edison Company
    

  21.  Cyprus Wire
    

  22.  David Markowitz Metal Co., Inc.
    

  23.  Defense Property (Defense Logistics Agency)

  24.  Duke Power
    

  25.  Duquesne Light Co.
    

  26.  East Penn
    

  27.  Essex Group, Inc.
    

  28.  General Cable
    

  29.  M. Glosser & Sons Inc.
    

  30.  Goldberg Brothers, Inc.
    

  31.  H. D. Metal Company, Inc.
    

  32.  ICI Americas
    

  33.  I. Richman and Co., Inc.
    

  34.  I T T Royal Electric by ITT Corp.
    

  35.  Jacob Max
    

  36.  Kalas Manufacturing
    

  37.  Kane Brothers Scrap Iron & Metal Co., Inc.

  38.  Kerite Company
    

  39.  Levin Brothers
    

  40.  Lynn Electronics
    

  41.  Maryland Metals, Inc.
    

  42.  Metalsco, Inc.
    

  43.  Mohawk Wire & Cable for Hendrix Wire & Cable Co.

  44.  Meyers Bros. Inc.
    

  45.  Okonite
    

  46.  Olin Chemicals
    

  47.  Packard Electric Div. General Motors Corp.

  48.  Penn-Del Metal Recycling Corp.
    

  49.  Phelps Dodge Corporation
    

  50.  Philadelphia Wire
    

  51.  Phillips Cable
    

  52.  Prestolite
    

  53.  Reynolds Metals Company
    

  54.  Schiavone-Bonomo Corporation
    

  55.  Seaward Construction Company, Inc.

  56.  Simon Wrecking
    

  57.  Southwire Company
    

  58.  Staiman Brothers, Inc.
    

  59.  Suisman & Blumenthal
    

  60.  Tamaqua Cable Products Corp.
    

  61.  Tennessee Valley Authority
    

  62.  TW Communication Corporation
    

  63.  United I & M
    

  64.  United Refining & Smelting Co., Inc.

  65.  U. S. Alum.


    These 65 parties collectively have agreed to pay $3,930,469.96 
subject to the contingency that EPA may elect not to complete the 
settlement if comments received from the public during this comment 
period disclose facts or considerations which indicate the proposed 
settlement is inappropriate, improper, or inadequate. Money collected 
from de minimis parties will be used for past response costs incurred 
at or in connection with the Site, projected future response costs to 
be incurred at or in connection with the Site, and includes 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. Section 122(g) authorizes early settlements 
with de minimis parties to allow them to resolve their liabilities at 
Superfund Sites without incurring substantial transaction costs. Under 
this authority, EPA proposes to settle with a number of potentially 
responsible parties at the Eastern Diversified Superfund Site, each of 
whom is responsible for less than four percent of the volume of 
hazardous substance disposed of at the Site. EPA issued a draft 
settlement proposal on June 6, 1994, invited comments and challenges to 
the volumetric ranking. On July 29, 1994, EPA issued a final settlement 
proposal embodied in the Administrative Order on Consent which included 
several modifications made in response to comments by de minimis 
parties in letters to EPA and during negotiations with the Agency. The 
proposed settlement reflects and was agreed upon based on conditions 
known to parties on July 29, 1994. De minimis settling parties will be 
required to pay their volumetric share of the Government's past 
response costs and the estimated future response costs at the Eastern 
Diversified Metals Site excluding any federal claims for natural 
resource damages or any State claims.
    
    The settlement as it is now proposed includes an adjustment to the 
volumetric share of an eligible de minimis party; this adjustment was 
made after the final settlement proposal was sent to all eligible 
parties on July 29, 1994, in response to additional evidence provided 
by this party or discovered by EPA. The party affected is SchiavoneBonomo, 
a/k/a Schiavone-Bros.
    
    The Environmental Protection Agency will receive written comments 
relating to this Agreement for thirty (30) days from the date of 
publication of this Notice. A copy of the proposed Administrative Order 
on Consent may be obtained from Harry R. Steinmetz (3HW11) in EPA's 
Region III Office, 841 Chestnut Building, Philadelphia, PA 19107, 
(telephone: 215/597-1192).
    
Stanley Laskowski,
    
Acting Regional Administrator, Region III.
[FR Doc. 94-29970 Filed 12-5-94; 8:45 am]
BILLING CODE 6560-50-P

 
 

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