[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Pages 4046-4047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2045]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5680-8]


Palmerton Zinc Superfund Site De Minimis Settlement; 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 Environmental Protection Agency (EPA) is proposing to 
enter into de minimis settlements 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). The proposed 
settlements are intended to resolve the potential liability under 
CERCLA of eleven (11) de minimis parties for response costs incurred by 
the Environmental Protection Agency at the Palmerton Zinc Superfund 
Site, Carbon County, Pennsylvania.

DATES: Comments must be provided on or before February 27, 1997.

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: 
Palmerton Zinc Superfund Site, Carbon County, Pennsylvania, U.S. EPA 
Docket Nos. III-96-25-DC, III-96-33-DC, III-96-37-DC, III-96-44-DC, 
III-96-49-DC, III-96-52-DC, III-96-58-DC, III-96-59-DC, III-96-61-DC, 
III-96-64-DC, and III-96-66-DC.

FOR ADDITIONAL INFORMATION CONTACT: Cynthia Nadolski (3RC32), Office of 
Regional Counsel, United States Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, Pennsylvania 19107, (215) 566-2673.

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 proposed 
administrative settlements concerning the Palmerton Zinc Site in Carbon 
County, Pennsylvania. The administrative settlements were signed by the 
Regional Administrator of the Environmental Protection Agency, Region 
III, on September 30, 1996, and are subject to review by the public 
pursuant to this

[[Page 4047]]

Notice. The agreements were also subject to the approval of the 
Attorney General, United States Department of Justice or her designee.
    The eleven parties agree to allow complete access to their 
properties by EPA and its representatives and to cooperate and not to 
interfere with the activities of EPA or its representatives during an 
ongoing response action to remove lead, cadmium and zinc contamination 
from their properties in Palmerton, Pennsylvania in exchange for 
receiving a covenant not to sue pursuant to section 122(g) of CERCLA, 
42 U.S.C. 122(g), and contribution protection pursuant to section 
113(f) of CERCLA, 42 U.S.C. 113(f). The agreements are subject to the 
contingency that the Environmental Protection Agency may elect not to 
complete the settlements based on matters brought to its attention 
during the public comment period established by this Notice.
    EPA is entering into these agreements 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 potential liability 
under CERCLA. Under this authority, EPA proposes to settle with 
homeowners at the Palmerton Zinc Site who meet the standards for a de 
minimis landowner settlement under CERCLA section 122(g)(1)(B), 42 
U.S.C. 122(g)(1)(B).
    The Environmental Protection Agency will receive written comments 
to these proposed administrative settlements for thirty (30) days from 
the date of publication of this Notice. A copy of the proposed 
Administrative Orders on Consent can be obtained from the Environmental 
Protection Agency, Region III, Office of Regional Counsel, (3RC00), 841 
Chestnut Building, Philadelphia, Pennsylvania 19107, by contacting 
Cynthia Nadolski, Senior Assistant Regional Counsel, at (215) 566-2673.

    Dated: September 30, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 97-2045 Filed 1-27-97; 8:45 am]
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