[Federal Register: July 7, 1999 (Volume 64, Number 129)]
[Notices]               
[Page 36685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy99-68]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6373-6]

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

AGENCY: U.S. Environmental Protection Agency.

ACTION: Request for public comment.

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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 one 
hundred and sixty-eight (168) de minimis parties for response costs 
incurred and to be incurred at the Malvern TCE Superfund Site, East 
Whiteland Township, Chester County, Pennsylvania.

DATES: Comments must be provided on or before August 6, 1999.

ADDRESS: Comments should be addressed to Suzanne Canning, Docket Clerk, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, PA 19103, and should refer to the Malvern TCE Superfund 
Site, East Whiteland Township, Chester County, Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Michael H. Frankel (3RC41), 215/814-
2665, U.S. Environmental Protection Agency, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.

SUPPLEMENTARY INFORMATION: Notice of de minimis Settlement: In 
accordance with Section 122(i)(1) of CERCLA, 42 U.S.C. 122(i)(1), 
notice is hereby given of a proposed administrative settlement 
concerning the Malvern TCE Superfund Site, in East Whiteland Chester 
County, Pennsylvania. The administrative settlement is subject to 
review by the public pursuant to this Notice. This agreement is also 
subject to the approval of the Attorney General, United States 
Department of Justice or her designee. A list of the parties who have 
executed binding certifications of their consent to participate in this 
settlement is available from U.S. EPA at the address listed above.
    The one hundred and sixty-eight (168) settling parties collectively 
have agreed to pay $3,774,954.00 to the Hazardous Substances Trust Fund 
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. Monies collected 
from the de minimis parties will be applied towards past and future 
response costs incurred by EPA or PRPs performing work at or in 
connection with the Site. The settlement includes a 50% premium to 
cover the risk of cost overruns or increased costs to address 
conditions at the Site previously unknown to EPA but discovered after 
the effective date of the Consent Order.
    EPA is entering into this agreement under the authority of Sections 
107 and 122(g) of CERCLA, 42 U.S.C. 9607 and 9622(g). 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 potentially responsible parties in connection with the 
Malvern TCE Superfund Site, each of whom is responsible for .75 percent 
or less of the volume of hazardous substance sent to the Site.
    EPA issued a draft settlement proposal to the de minimis parties on 
December 16, 1998, and invited comments and challenges to the 
volumetric ranking. By April 5, 1999, the de minimis parties submitted 
executed certifications to the draft settlement proposal.
    The Environmental Protection Agency will receive written comments 
relating to this settlement for thirty (30) days from the date of 
publication of this Notice. A copy of the proposed Administrative Order 
on Consent can be obtained from Michael H. Frankel, U.S. Environmental 
Protection Agency, Region III, Office of Regional Counsel, 1650 Arch 
Street, Philadelphia, Pennsylvania, 19103 or by contacting Michael H. 
Frankel at (215) 814-2665.

    Dated: June 30, 1999.
Thomas Voltaggio,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region III.
[FR Doc. 99-17211 Filed 7-6-99; 8:45 am]
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