[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42552-42553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20825]



[[Page 42552]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5870-6]


Notice of Proposed Prospective Purchaser Agreement Pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980, as Amended by the Superfund Amendments and Reauthorization 
Act

AGENCY: Environmental Protection Agency.

ACTION: Request for Public Comment.

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SUMMARY: On July 9, 1997 the U.S. Environmental Protection Agency 
(``EPA'') entered into a Prospective Purchaser Agreement 
(``Agreement'') pursuant to the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9607 et seq., in connection with the Raymark (Jacksonville Road) 
Superfund Site (the ``Site'') located in Hatboro, Pennsylvania. The 
Prospective Purchaser Agreement was approved by the Assistant Attorney 
General of the United States Department of Justice on November 26, 
1996. On December 6, 1996, the Pennsylvania Department of Environmental 
Protection (``PADEP'' or ``Commonwealth of Pennsylvania'') signed the 
Agreement. The Agreement is subject to a public comment period, after 
which the United States and PADEP may withdraw their consent to the 
Agreement if comments received disclose facts or considerations which 
indicate that the Agreement is inappropriate, improper or inadequate.

DATES: Comments must be submitted on or before October 6, 1997.

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 Raymark 
(Jacksonville Road) Superfund Site, Hatboro Borough, Montgomery County, 
Pennsylvania, U.S. EPA Docket No. III-96-14-DC.

FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC32), 215/
566-2636, U.S. Environmental Protection Agency, 841 Chestnut Street, 
Philadelphia, Pennsylvania 19107.

AVAILABILITY: The proposed Agreement and additional background 
information relating to the Agreement are available for public 
inspection at the offices of the U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107. A copy of 
the Agreement may be obtained from Suzanne Canning, U.S. Environmental 
Protection Agency, Regional Docket Clerk (3RC00), 841 Chestnut 
Building, Philadelphia, PA 19107. Comments should reference the 
``Raymark (Jacksonville Road) Superfund Site'' EPA Docket No. III-96-
14-DC.

SUPPLEMENTARY INFORMATION: Notice is hereby given of the execution of a 
Prospective Purchaser Agreement between the United States, the 
Commonwealth of Pennsylvania and the Philadelphia Suburban Water 
Company (``PSWC'') concerning the Raymark (Jacksonville Road) Superfund 
Site in Hatboro, Pennsylvania. The Agreement would resolve, among other 
things, certain potential claims of the United States under Sections 
106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, against PSWC.
    In late 1994, PSWC proposed to purchase from the Hatboro Borough 
Authority (``Hatboro''), located in Hatboro, Pennsylvania, certain 
assets which comprised Hatboro's municipal water distribution system 
(the ``Distribution System'' or ``System''). At that time, the System 
was being used by Hatboro to treat and distribute groundwater to the 
public in its service territory in and around Hatboro, Pennsylvania. A 
portion of the System also was being used to implement the remedy 
described in EPA's September 28, 1990, Record of Decision (``ROD'') 
(Operable Units 2 and 3) for the Site. Because the property in issue 
was impacted by groundwater contamination, PSWC was concerned that, 
under certain circumstances, buying the property could subject PSWC to 
liability under CERCLA or under the Resource Conservation and Recovery 
Act (``RCRA''). Concurrent with PSWC's proposal to Hatboro to acquire 
the System, it requested that EPA and PADEP enter into a prospective 
purchaser agreement. In March 1995, EPA, PADEP and PSWC began 
negotiations which resulted in an agreement in principle being reached 
in the early part of October 1996.
    Under the proposed Agreement, PSWC agreed to pay $60,000 to the 
United States to cover the costs associated with the monitoring and 
sampling of three Hatboro wells which are currently being used to 
implement the ground water remedy described in EPA's ROD for Operable 
Units 2 and 3. PSWC also agreed to operate, maintain, monitor, and 
convert to monitoring wells certain drinking water wells it proposed to 
purchase from Hatboro. The estimated cost of this activity is $40,000. 
Additionally, PSWC agreed to provide to EPA unrestricted access to 
these wells, to exercise due care to protect the public health and 
safety at the Site and not to interfere with remedial activities 
currently being implemented in connection with the System and at the 
Site. In exchange for these commitments from PSWC, the United States 
agreed to grant a limited Covenant Not to Sue to PSWC and to its 
successors in interest and assigns for CERCLA or RCRA liability arising 
from existing contamination contained within the System or for the 
recovery of natural resource damages pursuant to Sections 106, 107(a), 
107(f), 113(f) or 113(g)(2) of CERCLA, 42 U.S.C. 9606, 9607(a), 
9607(f), 9613(f) or 9613(g)(2).<SUP>1</SUP>
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    \1\ On January 9, 1996, the United States Department of the 
Interior (``DOI'') granted a natural resources damage waiver to PSWC 
provided that DOI's right to institute a claim against PSWC 
regarding the injury to, destruction of, or loss of natural 
resources resulting from any hazardous substance, pollutant or 
contaminant not present at the Site as of the effective date of the 
agreement or resulting from the exacerbation of Existing 
Contamination was preserved. Under Section 122(j) of CERCLA, 42 
U.S.C. 9622(j), DOI may grant a covenant not to sue for natural 
resource damages provided that the party agrees to take appropriate 
action to protect and restore natural resources damaged or destroyed 
by a release or threatened release of a hazardous substance.
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    Under the proposed Agreement, PSWC also agreed to pay PADEP 
$12,000, a portion of which will be used to defray its costs of 
performing certain future obligations with respect to the remedy 
currently being implemented at the Site. In exchange for this payment, 
PADEP agreed to grant a limited Covenant Not to Sue to PSWC and to its 
successors in interest and assigns for liability arising from existing 
contamination contained within the System and a natural resources 
damage waiver pursuant to Section 507 of the Hazardous Substances 
Cleanup Act, 35 P.S.Sec. 6020.507.
    PSWC signed the Agreement on October 22, 1996. However, on October 
31, 1996, prior to execution of the Agreement by EPA and PADEP, a Bill 
of Sale and Assignment was executed by and between Hatboro and PSWC in 
which Hatboro transferred to PSWC title to the System. As a 
consequence, PSWC became the owner of the System prior to execution of 
the Agreement by EPA and PADEP. The Regional Administrator of EPA 
Region III has determined that PSWC's acquisition of the System prior 
to execution of the Agreement by EPA and PADEP should not alter the 
rights, obligations and covenants previously agreed to in principle by 
the parties to the Agreement. The Regional Administrator has determined 
further that it continues to be in the public interest to proceed with 
the execution of the Agreement.

[[Page 42553]]

    EPA will accept written comments relating to this Agreement for 
sixty (60) days from the date of publication of this Notice. As noted 
above, the United States and PADEP may withdraw their consent to the 
Agreement if comments received during this period disclose facts or 
considerations which indicate that the Agreement is inappropriate, 
improper or inadequate. In addition, pursuant to Section 7003(d) of the 
Solid Waste Disposal Act, 42 U.S.C. 6973(d), any person may request a 
public meeting in the area affected by the Agreement. EPA's response to 
any comments received will be available for public inspection at the 
offices of the U.S. Environmental Protection Agency, Region III, 841 
Chestnut Building, Philadelphia, PA 19107.

FOR FURTHER INFORMATION CONTACT: Yvette Hamilton-Taylor (3RC32), Senior 
Assistant Regional Counsel, U.S. Environmental Protection Agency, 841 
Chestnut Building, Philadelphia, PA 19107, (215) 566-2636.

    Dated: July 18, 1997.
Thomas Voltaggio,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region III.
[FR Doc. 97-20825 Filed 8-6-97; 8:45 am]
BILLING CODE 6560-50-P