Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act, 10635-10636 [05-4263]

Download as PDF Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices EPA, 2000, Engaging the American People: A Review of EPA’s Public Participation Policy and Regulations with Recommendations for Action, Office of Policy, Economics, and Innovation, Washington, DC, EPA 240–R–00–005 (available at: https://www.epa.gov/ stakeholders/pdf/eap_report.pdf). EPA, 2000, Public Involvement in Environmental Permits: A Reference Guide, Office of Solid Waste and Emergency Response, Washington, DC, EPA–500–R–00–007 (available at: https:// www.epa.gov/permits/publicguide.htm). EPA, 1999, Report of the Title VI Implementation Advisory Committee: Next Steps for EPA, State and Local Environmental Justice Programs, Office of Environmental Cooperative Management, Washington, DC 20460 (available at: http:/ /www.epa.gov/ocem/nacept/titleVI/ titlerpt.html). EPA, 1999, Brownfields Title VI Case Studies: Summary Report, Office of Solid Waste and Emergency Response, Washington, DC, EPA 500–R–99–003 (available at: https://www.epa.gov/oswer/ej/ ejndx.htm#titlevi). EPA, 1996, RCRA Expanded Public Participation Rule, Office of Solid Waste, Washington, DC, 40 CFR Parts 9,124 & 270 (available at: https://www.epa.gov/ epaoswer/hazwaste/permit/pubpart.htm). EPA, 1996, RCRA Public Participation Manual, Office of Solid Waste, Washington, DC (available at: https:// www.epa.gov/epaoswer/hazwaste/permit/ pubpart/manual.htm). EPA, 1995, The Decision Maker’s Guide to Solid Waste Management, Volume II, Office of Solid Waste and Emergency Response, Washington, DC, EPA530–R–95– 023 (available at: https://www.epa.gov/ epaoswer/non-hw/muncpl/dmg2.htm). EPA, 1990, Community Involvement Policy Directive 9230.0–08: Planning for Sufficient Community Relations, Office of Solid Waste and Community Response, Washington, DC (available at: https:// www.epa.gov/superfund/tools/cag/ directives/planning.pdf). EPA, 1990, Sites for Our Solid Waste: A Guidebook for Effective Public Involvement, Office of Solid Waste, Washington, DC, available at: https:// www.epa.gov/epaoswer/non-hw/muncpl/ sites/toc.pdf). DOE, 1999, How to Design a Public Participation Program, Office of Intergovernmental and Public Accountability (EM–22) Washington DC, (available at: https://web.em.doe.gov/ ftplink/public/doeguide.pdf). IAP2, 2003, Planning for Effective Public Participation, International Association for Public Participation, The Perspectives Group, Alexandria, Va., (Web site: https:// www.theperspectivesgroup.com). NAPA, 2002, Models for Change: Efforts by Four States to Address Environmental Justice, National Academy of Public Administration, Washington, DC (available at: http:/www.napawash.org/ publications.html). ELI, 2001, Opportunities for Advancing Environmental Justice: An Analysis of U.S. VerDate jul<14>2003 19:07 Mar 03, 2005 Jkt 205001 EPA Statutory Authorities, Environmental Law Institute, Washington, DC, ISBN No. 1–58576–031–5. ELI Project No. 981623 (available at: https://www.eli.org). State and Environmental Dispute Resolution Programs (available at: https:// www.policyconsensus.org). [FR Doc. 05–3448 Filed 3–3–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–7880–3] Proposed Administrative Settlement Under the Comprehensive Environmental Response, Compensation, and Liability Act Environmental Protection Agency. ACTION: Request for public comment. AGENCY: SUMMARY: The Environmental Protection Agency is proposing to enter into an ‘‘Administrative Order On Consent For Past Cost Reimbursement/Covenant Not to Sue and Removal’’ pursuant to Sections 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9606(a), 9607 and 9622. This proposed administrative settlement is intended to: (1) Resolve the liability of LC Associates, LP. (‘‘Settling Party’’) under CERCLA for EPA’s past response costs incurred at the Andela and River Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania (‘‘the Sites’’); and (2) further directs Settling Party to cleanup any future discovered PCB contamination on the Sites, if necessary, pursuant to the selfeffectuating ‘‘Removal Order’’ component of this proposed settlement. DATES: Comments must be provided within thirty (30) days from publication. ADDRESSES: Comments should be addressed to Lydia Guy, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103– 2029, and should refer to the Andela and River Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania. FOR FURTHER INFORMATION CONTACT: Benjamin M. Cohan (3RC41), 215/814– 2618, U.S. Environmental Protection Agency, 1650 Arch Street, Philadelphia, Pennsylvania 19103–2029. SUPPLEMENTARY INFORMATION: Notice of administrative 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 10635 concerning the Andela and River Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania. The administrative settlement is subject to review by the public pursuant to this Notice. The proposed settlement has been reviewed and approved by the United States Department of Justice in accordance with Section 122(h) of CERCLA, 42 U.S.C. 9622(h). The Settling Party has agreed to pay $135,000.00 to the Hazardous Substances Superfund 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 the fair share of liability of the Settling Party relating to the Sites. Monies collected from the Settling Party will be remitted to EPA’s Hazardous Substances Superfund Fund for use in future cleanups which may be undertaken under CERCLA. EPA is entering into this agreement under the authority of Sections 106(a), 107 and 122 of CERCLA, 42 U.S.C. 9606(a), 9607 and 9622. Specifically, Section 122(h) of CERCLA authorizes cost recovery settlements with potentially responsible 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 Sites, based upon a determination that Settling Party is responsible as an ‘‘owner or operator of a vessel or a facility’’ (the Andela and River Bend Sites) within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1) . As part of this administrative settlement, and for so long as Settling Party is in compliance with the terms of the agreement, including but not limited to cleanup of future discovered PCB contamination as specified in Section 7 of the settlement agreement, EPA will provide to the Settling Party a covenant not to sue or take administrative action against the Settling Party for reimbursement of past response costs pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, with regard to the Sites. The Environmental Protection Agency will receive written comments relating to this settlement for thirty (30) days from the date of publication of this Notice. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or E:\FR\FM\04MRN1.SGM 04MRN1 10636 Federal Register / Vol. 70, No. 42 / Friday, March 4, 2005 / Notices considerations which indicate that the settlement is inappropriate, improper, or inadequate. A copy of the proposed Administrative Order on Consent can be obtained from Benjamin M. Cohan, U.S. Environmental Protection Agency, Region III, Office of Regional Counsel (3RC41), 1650 Arch Street, Philadelphia, Pennsylvania 19103–2029, or by contacting Benjamin M. Cohan at (215) 814–2618. Dated: February 11, 2005. Donald S. Welsh, Regional Administrator, U.S. Environmental Protection Agency, Region III. [FR Doc. 05–4263 Filed 3–3–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission February 23, 2005. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before April 4, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. VerDate jul<14>2003 19:07 Mar 03, 2005 Jkt 205001 Direct all comments regarding this Paperwork Reduction Act submission to Judith B. Herman, Federal Communications Commission, Room 1– C804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to JudithB.Herman@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at (202) 418–0214 or via the Internet at Judith-B.Herman@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–0819. Title: Lifeline Assistance (Lifeline) Connection Assistance (Link-Up) Reporting Worksheet and Instructions (47 CFR 54.400–54.417). Form No: FCC Form 497. Type of Review: Revision of a currently approved collection. Respondents: Individuals or households; business or other for-profit. Number of Respondents: 1,318,055. Estimated Time Per Response: .08–42 hours. Frequency of Response: On occasion, monthly, annually, and other one time reporting requirements, recordkeeping requirement and third party disclosure requirement. Total Annual Burden: 101,493 hours. Total Annual Cost: N/A. Privacy Act Impact Assessment: N/A. Needs and Uses: In a Report and Order and Further Notice of Proposed Rulemaking in FCC 04–87 (WC Docket No. 03–109, adopted and released in April 2004), the Commission adopts the Joint-Board’s recommendation to require all states, including federal default states, to adopt certification procedures to document income-based eligibility for Lifeline/Link-Up enrollment. Because self-certification of income is more difficult to confirm than is a self-certification of program participation, the Commission agreed with the Joint Board that requiring presentation of documentation supporting income eligibility would protect against fraud and abuse. The Commission held similar concerns for continued enrollment in the Lifeline/ Link-Up program and required documentation of eligibility for continued enrollment in the program. In conjunction with presentation of income eligibility documentation, the eligible telecommunications carrier (ETC) is required to certify that the ETC has procedures in place to review presented documentation or to certify that it is in compliance with the state requirements established to review income eligibility documentation. ETCs must retain records of their certifications. In addition, the applicant ADDRESSES: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 is required to certify the accuracy of the state household income and the number of persons in the household. ETCs are required to collect and retain these certifications. The FCC Form 497 has also been revised to clarify instructions, add new data elements to the form to clarify specific requirements and reformatted for ease of completing. In addition to the certification and verification requirements noted above, the Commission will issue a voluntary survey to gather data and information about state Lifeline/Link-Up programs. This will enable the Commission to make more informed decisions in any future Commission orders. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–4248 Filed 3–3–05; 8:45 am] BILLING CODE 6712–01–U FEDERAL COMMUNICATIONS COMMISSION Public Information Collections Approved by Office of Management and Budget February 23, 2005. SUMMARY: The Federal Communications Commission (FCC) has received Office of Management and Budget (OMB) approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Pub. L. 104–13. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid control number. FOR FURTHER INFORMATION CONTACT: Paul J. Laurenzano, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554, (202) 418–1359 or via the Internet at plaurenz@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–0972. OMB Approval date: 11/29/2004. Expiration Date: 11/30/2007. Title: Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers. Form No.: FCC Forms 507, 508 & 509. Estimated Annual Burden: 5,200 responses; 31,607 total annual burden hours; approximately 1–6 hours average per respondent. Needs and Uses: The Commission took additional steps to provide rate-ofreturn carriers greater flexibility to respond to changing marketplace conditions. The Commission revised its access and universal service rules by (1) E:\FR\FM\04MRN1.SGM 04MRN1

Agencies

[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Notices]
[Pages 10635-10636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4263]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7880-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency is proposing to enter into 
an ``Administrative Order On Consent For Past Cost Reimbursement/
Covenant Not to Sue and Removal'' pursuant to Sections 106(a), 107 and 
122 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9606(a), 9607 
and 9622. This proposed administrative settlement is intended to: (1) 
Resolve the liability of LC Associates, LP. (``Settling Party'') under 
CERCLA for EPA's past response costs incurred at the Andela and River 
Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania 
(``the Sites''); and (2) further directs Settling Party to cleanup any 
future discovered PCB contamination on the Sites, if necessary, 
pursuant to the self-effectuating ``Removal Order'' component of this 
proposed settlement.

DATES: Comments must be provided within thirty (30) days from 
publication.

ADDRESSES: Comments should be addressed to Lydia Guy, Regional Hearing 
Clerk, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, PA 19103-2029, and should refer to the Andela and 
River Bend Superfund Sites, Warwick Township, Bucks County, 
Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Benjamin M. Cohan (3RC41), 215/814-
2618, U.S. Environmental Protection Agency, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103-2029.

SUPPLEMENTARY INFORMATION: Notice of administrative 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 Andela and River Bend Superfund Sites, Warwick Township, 
Bucks County, Pennsylvania. The administrative settlement is subject to 
review by the public pursuant to this Notice. The proposed settlement 
has been reviewed and approved by the United States Department of 
Justice in accordance with Section 122(h) of CERCLA, 42 U.S.C. 9622(h).
    The Settling Party has agreed to pay $135,000.00 to the Hazardous 
Substances Superfund 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 the fair share of liability of the Settling 
Party relating to the Sites. Monies collected from the Settling Party 
will be remitted to EPA's Hazardous Substances Superfund Fund for use 
in future clean-ups which may be undertaken under CERCLA.
    EPA is entering into this agreement under the authority of Sections 
106(a), 107 and 122 of CERCLA, 42 U.S.C. 9606(a), 9607 and 9622. 
Specifically, Section 122(h) of CERCLA authorizes cost recovery 
settlements with potentially responsible 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 Sites, based upon a 
determination that Settling Party is responsible as an ``owner or 
operator of a vessel or a facility'' (the Andela and River Bend Sites) 
within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1) 
. As part of this administrative settlement, and for so long as 
Settling Party is in compliance with the terms of the agreement, 
including but not limited to cleanup of future discovered PCB 
contamination as specified in Section 7 of the settlement agreement, 
EPA will provide to the Settling Party a covenant not to sue or take 
administrative action against the Settling Party for reimbursement of 
past response costs pursuant to Section 107 of CERCLA, 42 U.S.C. 9607, 
with regard to the Sites.
    The Environmental Protection Agency will receive written comments 
relating to this settlement for thirty (30) days from the date of 
publication of this Notice. The Agency will consider all comments 
received and may modify or withdraw its consent to the settlement if 
comments received disclose facts or

[[Page 10636]]

considerations which indicate that the settlement is inappropriate, 
improper, or inadequate. A copy of the proposed Administrative Order on 
Consent can be obtained from Benjamin M. Cohan, U.S. Environmental 
Protection Agency, Region III, Office of Regional Counsel (3RC41), 1650 
Arch Street, Philadelphia, Pennsylvania 19103-2029, or by contacting 
Benjamin M. Cohan at (215) 814-2618.

    Dated: February 11, 2005.
Donald S. Welsh,
Regional Administrator, U.S. Environmental Protection Agency, Region 
III.
[FR Doc. 05-4263 Filed 3-3-05; 8:45 am]
BILLING CODE 6560-50-P
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