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

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 Schiavone-

Bonomo, 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