C & R Battery Company, Inc. De Minimis Settlement; Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation and Liability Act

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5105-7]

C & R Battery Company, Inc. De Minimis Settlement; Proposed

Administrative Settlement Under the Comprehensive Environmental

Response, Compensation and Liability Act

AGENCY: United States Environmental Protection Agency.

ACTION: Request for public comment.

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SUMMARY: The United States 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 66 de

minimis parties for response costs incurred by the United States

Environmental Protection Agency at the C & R Battery Company, Inc.

Site, Chesterfield County, Virginia.

DATES: Comments must be provided on or before December 15, 1994.

ADDRESSES: Comments should be addressed to the Docket Clerk, United

States Environmental Protection Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania, 19107, and should refer to: In

Re: C & R Battery Company, Inc. Site, Chesterfield County, Virginia,

U.S. EPA Docket No. III-94-25-DC.

FOR FURTHER INFORMATION CONTACT:

Lydia Isales (215) 597-9951, United States Environmental Protection

Agency, Office of Regional Counsel, (3RC20), 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107.

SUPPLEMENTARY INFORMATION:

Notice of De Minimis Settlement

In accordance with Section 122(i)(1)of CERCLA, 42 U.S.C.

9622(i)(1), notice is hereby given of a proposed administrative

settlement concerning the C & R Battery Company, Inc. Site in

Chesterfield County, Virginia. The administrative settlement was signed

by the United States Environmental Protection Agency, Region III's

Regional Administrator on 9/26/94 and subject to review by the public

pursuant to this Notice. The agreement is also subject to the approval

of the Attorney General, United States Department of Justice or her

designee and for the grant of a covenant not to sue for natural

resource damages, is also subject to agreement in writing by the

Department of Interior and the National Oceanic and Atmospheric

Administration. Below are listed the parties who have executed binding

certifications of their consent to participate in the settlement:

All-Scrap Salvage, Inc.

AT&T Corp

Annaco, Inc.

Arcon Equipment, Inc.

Baker Iron & Metal Co., Inc.

Barlow, F. Wayne

Bell Atlantic--Maryland, Inc. (f/k/a C&P Telephone of Maryland)

Berry Enterprises. Inc. (f/k/a Berry Iron & Metal Company)

Boydton Farm Supply Co.

Brenner Companies, Inc. (f/k/a Brenner Iron & Metal Company)

Bridgestone/Firestone, Inc.

Brittenham's Rebuilding Service, Inc.

Bruce's Iron & Metal, Inc.

Charles Bluestone Company

City of Richmond, Virginia

Cohen & Green Salvage Co., Inc.

Coiners Scrap Iron and Metal, Inc.

Columbia Steel & Metal Co., Inc.

Cook's Scrap Metal Inc.

Cumberland Battery Inc.

D.C. Systems, Inc.

Doody's Used Auto Parts, Incorporated

Exide Corporation

Exxon Corporation

Gould, Inc.

Hopewell Iron & Metal Company, Inc.

International Business Machines Corporation

J.C. Penney Company, Inc.

Kirk Battery Co.

Knox Metals Corporation

Lake City, Inc. (f/k/a Lake City Scrap Metal, Inc.)

Lake City, Inc. (f/k/a Bedford Recycling, Inc.)

Leesburg Iron & Metal, Inc.

Livingston & Co., Inc.

Manassas Scrap Metal Co.

Maryland Recycle Company, Inc. (f/k/a Ron's Recycling Center)

Metallics Recycling Co.

Metalmart, Inc.

Mine Battery Service, Inc.

Mountain Metal Company Incorporated, of West Prestonburg, Kentucky

Myers Brothers, Inc.

National Waste Paper Company, The

New Castle Battery Manufacturing Company

Newell Industries, Inc.

Newton, Clarence R. ``Buddy'' d/b/a B&N Auto Salvage Co.

Niles Iron & Metal Co., Inc.

Norfolk Southern Railway Company

Omnisource Corporation

Pascap Company, Inc.

RSR Corporation

Reserve Iron & Metal Ltd., Partnership (f/k/aP Reserve Iron & Metal,

Inc.)

Reynolds Metals Company

Richmond, Fredericksburg and Potomac Railroad Company

Rocky Mount Recyclers, Inc.

Sammett Towing and Salvage, Inc.

Siskin Steel & Supply Co., Inc.

Southern Foundry Supply, Inc.

St. Marys Iron and Steel Corporation

Street, James H.

Textron, Inc.

United Salvage Company

V.H. Holmes & Sons, Inc.

Ware's Van & Storage Co., Inc. (f/k/a S&M Systems Corp.)

Western Auto Supply Company

Willoughby Iron & Waste Material Co.

Zuckerman Metals, Inc.

These 66 parties collectively agreed to pay $684,947.58 to the

Hazardous Substance Trust Fund. Out of such amount, the Environmental

Protection Agency will forward $89,149.94 to the Department of Interior

and the National Oceanic and Atmospheric Administration for natural

resource damages. Such payment is being made by 63 of the 66

signatories (all but New Castle Manufacturing Company, Newton, Clarence

R. ``Buddy'' d/b/a B & N Auto Salvage Co., and United Salvage Company).

The agreement is subject to the contingency that the Environmental

Protection Agency may elect not to complete the settlement based on

matters brought to its attention during the public comment period

established by this Notice.

EPA is entering into this agreement under the authority of Sections

122(g) and 107 of CERCLA, 42 U.S.C. 9622(g) and 9607. Section 122(g) of

CERCLA, 42 U.S.C. 9622(g), authorizes early settlements with de minimis

parties to allow them to resolve their liabilities under, inter alia,

Section 107 of CERCLA, 42 U.S.C. Sec. 9607, to reimburse the United

States for response costs incurred in cleaning up Superfund sites

without incurring substantial transaction costs. Under this authority

the Environmental Protection Agency proposes to settle with potentially

responsible parties at the C & R Battery Company, Inc. Site who are, in

total, responsible for less than 10% percent of the volume of hazardous

substances at the Site. The grant of a covenant not to sue for natural

resource damages by the Department of Interior and the National Oceanic

and Atmospheric Administration to those parties paying their share of

such allocated costs is subject to agreement in writing by the

Department of Interior and the National Oceanic and Atmospheric

Administration pursuant to Section 122(j) of CERCLA, 42 U.S.C. 9622(j).

The de minimis parties listed above will be required to pay their

volumetric share of the Government's past response costs and the

estimated future response costs at the C & R Battery Company, Inc.

Site, and an appropriate premium in accordance with Agency policy. The

de minimis parties listed above (with the exception of New Castle

Manufacturing Company, Newton, Clarence R. ``Buddy'' d/b/a B & N

Salvage Co., and United Salvage Company) will be required to pay their

share of the Department of Interior's and the National Oceanic and

Atmospheric Administration's estimated natural resource damages. Three

de minimis parties are paying a lesser amount than their volumetric

share, based on ability to pay.

The Environmental Protection Agency will receive written comments

to this proposed administrative 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 the Environmental

Protection Agency, Region III, Office of Regional Counsel, (3RC20), 841

Chestnut Building, Philadelphia, Pennsylvania, 19107 by contacting

Lydia Isales, Senior Assistant Regional Counsel, at (215) 597-9951.

Peter H. Kostmayer,

Regional Administrator, EPA, Region III.

[FR Doc. 94-28150 Filed 11-14-94; 8:45 am]

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