[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25868]
[[Page Unknown]]
[Federal Register: October 19, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5094-1]
Proposed De Minimis Settlement Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
As Amended by the Superfund Amendments and Reauthorization Act--
Colorado School of Mines Research Institute Site, 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 Administrative Order on Consent (AOC) requires 47 Potentially
Responsible Parties (PRPs) to pay an aggregate total of $1,340,584.29
to address their liability to the United States Environmental
Protection Agency (EPA) related to response actions taken or to be
taken at the Site.
DATES: Comments must be submitted by November 18, 1994.
ADDRESSES: The proposed settlement is available for public inspection
at the EPA Superfund Records Center, 999 18th Street, 8th Floor, North
Tower, Denver, Colorado. Comments should be addressed to Louise
Gunderson, Enforcement Specialist (8 HWM-ER), 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.
FOR FURTHER INFORMATION CONTACT: Louise Gunderson, Enforcement
Specialist, at (303) 293-1868.
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 47 parties, for the following
amounts:
Option 1 Settlements
American Chemet Corporation ($1,744.31);
American Nuclear Corporation ($2,464.99);
Davy McKee Corporation ($70,411.58);
Lone Star Industries ($14,459.14);
Southern Peru Copper Corporation ($188,986.85);
Union Pacific Corporation ($73,677.28);
United Nuclear Corporation ($269,188.58); and,
Westinghouse/Wyoming Mine ($113,580.21).
Option 2 Settlements
AGIP Mining Company, Inc. ($252.82);
Allied Chemical Corporation ($2,476.87);
Anschutz Mining ($14,123.96);
ARCO ($7,663.58);
Atlas Minerals ($2,795.63);
Behre Dolbear and Company ($236.43);
Brown and Root Construction ($2,916.76);
Cleveland-Cliffs Iron Co. ($6,455.01);
Cominco American, Inc. ($205.01);
Continental Copper & Steel Industries ($41,183.63);
Dravo Corporation ($1,714.12);
Earth Sciences Corporation, Inc. ($220.95);
Esso Resources Canada ($9,325.69);
Fluor Utah, Inc. ($4,753.74);
French American Metals Co. ($871.22);
Gold Fields Mining ($23,063.40);
Gould, Inc. ($457.74);
Gulf Mineral Resources Company ($79,524.28);
Hazen Research, Inc. ($213.66);
Hecla Mining ($477.78);
Homestake Mining Company ($183,105.40);
Idaho Energy Resources ($494.17);
Jersey Minere Zinc ($2,772.86);
Mobil Oil Corporation ($4,465.03);
Molycorp ($41,096.20);
New Jersey Zinc Company ($17,870.78);
Noranda Research ($373.04);
Phillips Petroleum Company ($1,119.85);
Pioneer Nuclear, Inc. ($582.51);
Pioneer Uravan ($480.51);
Randolph Co. ($600.73);
Rexnord, Inc. ($209.11);
Salomon ($134,811.20);
SCM Corporation Glidden Durkee ($204.55);
Stearns Roger Engineering ($204.55);
Superior Oil Company ($2,644.90);
Tennessee Valley Authority ($12,950.46);
Urania Exploration, Inc. ($2,941.35); and,
W.R. Grace ($211.84).
By the terms of the proposed AOC, these PRPs will together pay
$1,340,584.26 to the Hazardous Substance Superfund. This payment
represents approximately 13% of the total anticipated 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 amount that each individual PRP will pay, as shown above,
depends upon whether they contributed radioactive hazardous substances
or non-radioactive hazardous substances to the Site. The price per
pound cost for non-radioactive hazardous substances is $1.9798857. The
price per pound for radioactive hazardous substances is $3.9597714.
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 payment of either 30% or 130% of
the Base Amount, as specified by each Respondent PRP in the AOC, and
adding a $200 administrative fee. For parties paying a 30% premium,
there is an exception to the covenant not to sue if total response
costs at the Site exceed $10,000,000. For parties paying a 130%
premium, 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 the proposed de
minimus settlement.
A copy of the proposed AOC may be obtained from Louise Gunderson
(8HWM-ER), U.S. Environmental Protection Agency, Region VIII, 999 18th
Street, suite 500, Denver, Colorado 80202-2405, (303) 293-1868.
Additional background information relating to the de minimus settlement
is available for review at the Superfund Records Center at the above
address.
It is so Agreed.
Dated: October 7, 1994.
Jack McGraw,
Acting Regional Administrator.
[FR Doc. 94-25868 Filed 10-18-94; 8:45 am]
BILLING CODE 6560-50-M