[Federal Register: January 30, 2004 (Volume 69, Number 20)]
[Notices]
[Page 4515-4516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja04-60]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7615-7]
Proposed Administrative Settlement Under the Comprehensive
Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; 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 liability under CERCLA of Materia
Medica, Inc., formerly known as Polysciences, Inc. (``Settling Party'')
for response costs incurred and to be incurred at the Malvern TCE
Superfund Site, East Whiteland and Charlestown Townships, Chester
County, Pennsylvania, relating to the Malvern TCE Superfund Site
(``Site'').
DATES: Comments must be provided on or before March 1, 2004.
ADDRESSES: Comments should be addressed to Suzanne Canning, Docket
Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, PA 19103-2029, and should refer to the Malvern
TCE Superfund Site, East Whiteland Township, Chester County,
Pennsylvania.
FOR FURTHER INFORMATION CONTACT: Joan A. Johnson (3RC41), 215/814-2619,
U.S.
[[Page 4516]]
Environmental Protection Agency, 1650 Arch Street, Philadelphia,
Pennsylvania 19103-2029.
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.
The Settling Party has agreed to pay $9,879.00 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. This
amount to be paid by the Settling Party was based upon EPA's
determination of Settling Party's fair share of liability of Settling
Party relating to the Site. Monies collected from the Settling Party
will be applied towards past and future response costs incurred by EPA
or PRPs performing work at or in connection with the Site.
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 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
Settling Party in connection with the Site, based upon a determination
that Settling Party is responsible for 0.75 percent or less of the
volume of hazardous substance sent to the Site. As part of this de
minimis settlement, EPA will provide to the Settling Party a covenant
not to sue or take administrative action against the Settling Party for
reimbursement of response costs or injunctive relief pursuant to
sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, or for
injunctive relief pursuant to section 7003 of the Resource Conservation
and Recovery Act, 42 U.S.C. 6973, with regard to the Site.
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 Joan A. Johnson (3RC41), U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania, 19103-2029, or by contacting Joan A.
Johnson at (215) 814-2619.
Dated: September 30, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-1974 Filed 1-29-04; 8:45 am]
BILLING CODE 6560-50-P