[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)] [Notices] [Pages 48951-48952] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23789] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5611-4] Proposed De Minimis Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as Amended by the Superfund Amendments and Reauthorization Act--Golden, CO
Agency
Environmental Protection Agency.
Action
Notice and request for public comment.
-----------------------------------------------------------------------
Summary
In accordance with the requirements of section 122 (I) (1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), notice is hereby given of a proposed de minimis settlement under section 122 (g), concerning the Colorado School of Mines Research Institute site in Golden, Colorado (Site). The proposed Administration Order on Consent (AOC) requires five (5) Potentially Responsible Parties to Pay an aggregate total of $215,640.36 to address their liability to the United States Environmental Protection Agency (EPA) related to response actions taken or to be taken at the Site.
OPPORTUNITY FOR COMMENT: Comments must be submitted by October 17, 1996.
Addresses
The proposed settlement is available for public inspection at the EPA Superfund Record Center, 999 18th Street, 5th Floor, North Tower, Denver, Colorado. Comments should be addressed to Maureen O'Reilly, Enforcement Specialist, (8ENF-T), U.S. Environmental Protection Agency, 999 18th Street, Suite 500, Denver, Colorado, 80202- 2405, and should reference the Colorado School of Mines Research Institute site de minimis settlement (EPA Docket No. CERCLA-VIII-96- 17).
For Further Information Contact
Maureen O'Reilly, Enforcement Specialist, at (303) 312-6402.
Supplementary Information
Notice of section 122 (g) de minimis settlement: In accordance with section 122(I)(1) of CERCLA, notice is hereby given that the terms of an Administrative Order on Consent (AOC) have been agreed to by the following five (5) parties, for the following amounts:
Energy Fuels Nuclear, Inc...................................$326,800.73 Kennecott Corporation, Kennecott Holdings Corporation, and Kennecott Utah Copper Corporation............................$30,285.75 Lockheed Corporation............................................$554.20
By the terms of the proposed AOC, these parties will together pay $215,640.36 to the Hazardous Substance Superfund. This payment represents approximately .035% of the total anticipated response costs for the Site upon which this settlement is based. In exchange for payment, EPA will provide the settling parties with a limited covenant not to sue for liability under sections 106 and 107(a) of CERCLA, including liability for EPA's past costs, the cost of the remedy, and future EPA oversight costs, and under section 7003 of the Solid Waste Disposal Act, as amended (also known as the Resource Conservation and Recovery Act). The settlement amount that each PRP will pay, as shown above, depends upon whether they contributed radioactive hazardous substances or non-radioactive hazardous substances to the Site. The per pound cost for non-radioactive hazardous substances is $1.54. The per pound cost for radioactive hazardous substances is $3.08. Settlement amounts are calculated by multiplying these per pound costs by the number of pounds of hazardous substances a party sent to the Site (Base Amount), adding a premium of either 30% or 130% of the Base Amount, as specified by each PRP in the AOC, and adding a $200 administrative fee. For parties paying a 30% premium (Energy Fuels Nuclear, Inc.), there is an exception to the covenant not to sue if total response costs at the Site exceed $6,000,000. For
parties paying a 130% premium (the Kennecot entities and Lockheed Corporation), there is an exception to the covenant not to sue if total response costs at the Site exceed $20,000,000. For a period of thirty (30) days from the date of this publication, the public may submit comments to EPA relating to this proposed de minimis settlement. A copy of the proposed AOC may be obtained from Maureen O'Reilly (8ENF-T), U.S. Environmental Protection Agency, Region VIII, 999 18th Street, Suite 500, Colorado 80202-2405, (303) 312-6402. Additional background information relating to the de minimis settlement is available for review at the Superfund Records Center at the above address.
It is So Agreed:
Dated: September 9, 1996. Patricia D. Hull, Acting Regional Administrator, U.S. Environmental Protection Agency, Region VIII. [FR Doc. 96-23789 Filed 9-16-96; 8:45 am] BILLING CODE 6560-50-M