[Federal Register: April 14, 2004 (Volume 69, Number 72)]
[Notices]               
[Page 19848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap04-79]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7647-5]

 
Proposed Settlement Under Section 122(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act Regarding the 
Atlantic Resources Corporation and Horseshoe Road Superfund Sites, 
Middlesex County, NJ

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed administrative settlement and opportunity 
for public comment.

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SUMMARY: The United States Environmental Protection (``EPA'') is 
proposing to enter into an administrative settlement to resolve claims 
under the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980, as amended (``CERCLA''). In accordance with 
section 122(h)(i)(1) of CERCLA, notice is hereby given of a proposed 
administrative settlement concerning the Atlantic Resources Corporation 
and Horseshoe Road Sites (collectively ``the Sites''). Section 122(h) 
of CERCLA provides EPA with the authority to consider, compromise and 
settle certain claims for costs incurred by the United States. Notice 
is being published to inform the public of the proposed settlement and 
of the opportunity to comment. The administrative settlement is 
contained in the Administrative Order on Consent for Supplemental Field 
Investigation (``SFI''), Baseline Ecological Risk Assessment (``BERA'') 
and Feasibility Study (``FS''), U.S. EPA Index No. CERCLA-02-2003-2033 
(the ``Order''). The administrative settlement provides that after 
Advanced Environmental Technology Corp.; Chevron Environmental 
Management Co.; Essex Chemical Corp.; General Motors Corp.; ICI 
Americas Inc.; Johnson & Johnson; Kewanee Industries, Inc.; Novartis 
Pharmaceuticals Corp.; 3M Co.; and Union Carbide Corp. (collectively, 
``Settling Parties'') perform the SFI, BERA, and FS for the Sites 
pursuant to the Order, they will receive a partial credit for that work 
which can be applied toward EPA's unreimbursed response costs at the 
Sites, should EPA attempt to recover those costs from the Settling 
Parties in the future.
    Pursuant to the administrative settlement, the Settling Parties are 
to be provided a credit of fifty percent (50%) of the costs incurred by 
them for work performed under the Order (excluding oversight costs 
claimed by EPA and any of Settling Parties' attorneys fees), up to a 
maximum amount of $350,000.00, provided that EPA has accepted the 
applicable Order deliverables for which credit is sought. The credit 
applies only to any future claim made by EPA for unreimbursed costs 
incurred or to be incurred by EPA concerning the Sites.
    EPA will consider any comments received during the comment period 
and may withdraw or withhold consent to the proposed settlement if 
comments disclose facts or considerations that indicate the proposed 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. Environmental Protection Agency, Office of Regional Counsel, 290 
Broadway--17th floor, New York, New York 10007-1866. Telephone: (212) 
637-3111.

DATES: Comments must be provided by May 14, 2004.

ADDRESSES: Comments should be sent to the U.S. Environmental Protection 
Agency, Office of Regional Counsel, 290 Broadway--17th Floor, New York, 
NY 10007 and should refer to: In the Matter of the Atlantic Resources 
Corporation and Horseshoe Road Superfund Sites, U.S. EPA Index No. 
CERCLA-02-2003-2033.

FOR FURTHER INFORMATION CONTACT: U.S. Environmental Protection Agency, 
Office of Regional Counsel, 290 Broadway--17th Floor, New York, NY 
10007, (212) 637-3142.

SUPPLEMENTARY INFORMATION: A copy of the proposed administrative 
settlement, as well as background information relating to the 
settlement, may be obtained in person or by mail from Clay Monroe, U.S. 
Environmental Protection Agency, Office of Regional Counsel, 290 
Broadway--17th Floor, New York, NY 10007. Telephone: (212) 637-3142.

    Dated: February 9, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-8457 Filed 4-13-04; 8:45 am]

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