[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31814]
[[Page Unknown]]
[Federal Register: December 27, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5128-8]
Proposed Administrative Order On Consent; Petrochem Recycling
Corp./Ekotek, Inc. Site, Salt Lake City, UT
AGENCY: U.S. Environmental Protection Agency (U.S. EPA).
ACTION: Proposed de minimis settlements.
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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 two proposed de
minimis settlements under section 122(g) concerning the Petrochem
Recycling Corp./Ekotek, Inc., Site in Salt Lake City, Utah (the Site).
The first proposed Administrative Order on Consent (AOC) (Settlement
#1) requires 15 potentially responsible parties (PRP) to pay an
aggregate total of $231,922.08 to resolve their liability to the EPA
related to response actions taken or to be taken at the Site. The terms
of the proposed AOC for these settlements are identical to that
recently approved and made effective by EPA November 16, 1994 (See
Federal Register notice, dated September 2, 1994). Additionally, notice
is given of four settlements that have changed from EPA's previous de
minimis settlement notice. The second proposed AOC (Settlement #2)
requires 22 potentially responsible parties (PRP) to pay an aggregate
total of $357,111.00 to resolve their liability to the EPA related to
response actions taken or to be taken at the Site. The proposed AOC for
Settlement #2 involves settlement payments adjusted in consideration of
the parties' ability to pay.
DATES: Comments must be submitted by no later than January 26, 1995.
ADDRESSES: Comments should be addressed to Greg Phoebe (8HWM-SR),
Enforcement Specialist, U.S. Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, and
should refer to: In the matter of Petrochem/Ekotek De Minimis
Settlement.
FOR FURTHER INFORMATION CONTACT:
James M. Stearns, Office of Regional Counsel, EPA Region VIII, at (303)
294-7197.
SUPPLEMENTARY INFORMATION: Notice of section 122(g) De Minimis
Settlements: Settlement #1: 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 15 parties,
for the following amounts: Option A Settlements: Moser Engine Service
($772.20); The Walt Disney Company ($69,634.00); B&W Garage, Inc.
($5,384.70); Davis County School District ($30,632.96); Transmission
Limited ($11,985.30); Reo Mc Murdie ($1,173.44); Merritt Chevron
($8,059.68); Guy F. Atkinson Construction Company ($26,766.20); W&K
Mobile Services, Inc. ($8,260.40); Western Drive Train ($9,788.96); and
Industrial Compliance (3120.81). Option B Settlements: Polyclad
Laminates ($16,335.00); Gus Paulos Chevrolet ($12,753.00); Holladay
Conoco (Vaughn Smith Conoco) ($7,215.65); and Standard Transportation
($20,039.78).
By the terms of the proposed AOC, these PRPs will together pay
$231,922.08 to the Hazardous Substance Superfund (Superfund). The
$231,922.08 represents approximately 0.3% of the total anticipated
costs for the Site upon which this settlement was based.
In addition, the following settlements represent changes from the
de minimis settlements listed in EPA's Federal Register notice of
September 2, 1994, under the AOC identical to the settlement noticed
herein under Settlement #1: Option A Settlements: Allied Petroleum of
Reno ($51,384.32). Option B Settlements: ASF-24 (U.S. Army)
($3,528.36); Discount Tire and Automotive, Inc. ($5,550.50); For
Douglas (Transportation Motor Pool) ($20,092.05); and Parley's Way
Conoco ($4,701.60). EPA has determined that it is necessary to reissue
the public notice for these settlements.
In exchange for payment, U.S. EPA will provide the settling parties
with a covenant not to sue for liability under sections 106 and 107(a)
of CERCLA, including liability for EPA past costs, the one-time cost of
remedy, future EPA oversight costs, future operation and maintenance of
the as-yet unselected remedy, and under section 7003 of the Solid Waste
Disposal Act, as amended (also known as the Resources Conservation and
Recovery Act (RCRA)).
The amount that each individual PRP will pay, as shown above for
Settlement #1, equals $2.97 multiplied by the number of gallons of
waste the party sent to the Site (Base Amount), plus a premium payment
of either 30% or 120% of the Base Amount, as specified by each
Respondent PRP in the AOC. The per gallon charge of $2.97 was
calculated by dividing the total estimated response costs for the Site
($69,594,403) by the total estimated volume of waste disposed of at the
Site (23,454,592 gallons). For parties paying a 30% premium, the
``Option A'' settlement, there is an exception to the covenant not to
sue if total response costs at the Site exceed $69,594,403. If this
amount were exceeded, EPA could sue these parties for all or a portion
of the overage. For parties paying the 120% premium, the ``Option B''
settlement, the exception to the covenant not to sue does not apply.
Settlement #2: 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 22 parties, for the
following amounts: Clifford Motors (a/k/a Steve Clifford Motors)
($1,500.00); Interstate Transmission (a/k/a Bailey Financial Corp.)
($1,800.00); Barnes Amoco ($1,400.00); Rocky Mountain Lube ($2,000.00);
Zippy Lube (n/k/a Estate of Virgil Ruhter, deceased) ($4,000.00); Bob's
Oil Exchange & Car Wash ($25,000.00); Frank Fiksdal ($2,000.00); Tri-
State Oil ($30,000.00); Ray McKee (a/k/a Lonnie Ray McKee) ($1,000.00);
Landers Salvage ($8,668.00); Al Moser Chevron ($2,200.00); Herzog
Brothers ($1,500.00); Crestwood Texaco ($1,893.00); O.N.O., Inc. (d/b/a
Brigham Street Service) $3,600.00); Desert Oil Company ($60,000.00);
Horner's Chevron (Wayne Hormer) ($200.00); Refinoil Products (d/b/a
gardner Refinoil) ($500.00); Mesa Oil Company ($193,000.00); Al's
Conoco (a/k/a Al Cazier's Conoco) ($200.00); A&W Diesel Sales &
Service, Inc. ($14,000.00); Kent's Amoco/Service ($1,500.00); and Bill
& Vern's Service ($1,150.00).
By the terms of the proposed AOC for this settlement, these 22 PRPs
will together pay $357,111.00 to the Hazardous Substance Superfund
(Superfund). The $357,111.00 represents approximately 0.5% of the total
anticipated costs for the Site upon which this settlement was based.
In exchange for payment, U.S. EPA will provide the settling parties
with a covenant not to sue for liability under sections 106 and 107(a)
of CERCLA, including liability for EPA past costs, the one-time cost of
remedy, future EPA oversight costs, future operation and maintenance of
the as-yet unselected remedy, and under section 7003 of the Solid Waste
Disposal Act, as amended (also known as the Resource Conservation and
Recovery Act (RCRA)).
The amount that each individual PRP will pay, as shown above for
Settlement #2, has been reduced in consideration of the ability of the
settling party to pay. EPA has determined that the settling parties
cannot afford EPA's least expensive de minimis settlement option
offered to sde minimis parties at the Site; that is, the ``Option A''
settlement. The settlement amount for each settling party has been
reduced to the maximum amount EPA has determined the party is able to
pay. Each settling parties' settlement amount equals $2.97 (derived and
described above) multiplied by the number of gallons of waste the party
sent to the Site (Base Amount), plus a premium payment of 30% of the
Base Amount, minus an adjustment reflecting EPA's determination that
the party is unable to pay the full settlement amount, referred to in
the AOC as the ``inability-to-pay factor.'' The proposed AOC for all
settlors participating in Settlement #2 contains an exception to the
covenant not to sue if total response costs at the Site exceed
$69,594,403. If this amount were exceeded, EPA could sue these parties
for all or a portion of the overage.
For a period of thirty (30) days from the date of this publication,
the public may submit comments to U.S. EPA relating to the proposed de
minimis settlements.
A copy of the proposed AOCs may be obtained from Greg Phoebe (8HWM-
SR), U.S. Environmental Protection Agency, Region VIII, 999 18th
Street, Suite 500, Denver, Colorado 80202-2405, (303) 294-7036.
Additional background information relating to the de minimis settlement
is available for review at the Superfund Records Center at the above
address, and at the Mariott Library, Special Collections Department,
University of Utah, Salt Lake City, Utah (801) 581-8863.
Jack W. McGraw,
Acting Regional Administrator, U.S. EPA, Region VIII.
[FR Doc. 94-31814 Filed 12-23-94; 8:45 am]
BILLING CODE 6560-50-M