[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)] [Notices] [Pages 61114-61116] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-30031] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5921-2] Proposed CERCLA Administrative De Minimis Settlement--Chemical Handling Corporation Site, Jefferson County, Colorado AGENCY: Environmental Protection Agency. ACTION: Notice and Request for Public Comment. ----------------------------------------------------------------------- SUMMARY: In accordance with the requirements of Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative de minimis settlement under section 122(g) of CERCLA, 42 U.S.C. 9622(g), concerning the Chemical Handling Corporation site located at 11811 Upham Street, near the City of Broomfield, in unincorporated Jefferson County, Colorado (``Site''), with the settling parties listed in the Supplementary Information portion of this notice. The settlement, embodied in a proposed Administrative Order on Consent (``AOC''), is designed to resolve fully each settling party's liability at the Site through a covenant not to sue under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The proposed AOC requires the Potentially Responsible Parties (``PRPs'') listed in the Supplementary Information section below to pay an aggregate total of $131,646.24 to address their liability to the United States related to response actions taken at the Site. OPPORTUNITY FOR COMMENT: For thirty (30) days following 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 considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at the EPA Superfund Record Center, 999 18th Street, 5th Floor, in Denver, Colorado. Commenters may request an opportunity for a public meeting in the affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). DATES: Comments must be submitted on or before December 15, 1997. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at the EPA Superfund Record Center, 999 18th Street, 5th Floor, in Denver, Colorado. Comments and requests for a copy of the proposed settlement should be addressed to Carol Pokorny, Enforcement Specialist (8ENF-T), Technical Enforcement Program, U.S. Environmental Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202- 2466, and should reference the Chemical Handling Corporation Site, Jefferson County, Colorado and EPA Docket No. CERCLA VIII-97-05. FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist (8ENF-T), Technical Enforcement Program, U.S. Environmental Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, (303) 312-6970. SUPPLEMENTARY INFORMATION: Notice of proposed administrative de minimis settlement under section 122(g) of CERCLA, 42 U.S.C. 9622(g): In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), notice is hereby given that the terms of the Administrative Order on Consent (``AOC'') have been agreed to by the following settling parties, for the following amounts (where the name of a party is followed by a ``/ ,'' that indicates that the name following the ``/'' is the name of the party as it appears on the AOC signature page): AOC Cercla, VIII-97-05 ------------------------------------------------------------------------ Settlement Name of party amount ------------------------------------------------------------------------ ADK Pressure Equipment Corp/Joslyn Company, LLC......... $2,129.10 Advantage Advertising................................... 263.72 Antique Refinisher, Inc................................. 263.72 B.F. Pirelli's/Brad Fukui............................... 263.72 Boyd Distributing/Boyd Investment Co.................... 131.86 Cascade Collision/Cascade Collision, Inc................ 131.86 Chemcraft Sadolin International/Robert Schwartz......... 5,221.61 Coat Rite/Coats and Colors, Inc......................... 145.04 Don's Auto Body......................................... 580.66 E/M Corporation/West Lafayette Corporation.............. 8,148.88 E.T.I. Tank Cleaners/Southern Tank Cleaning, Inc........ 725.22 [[Page 61115]] Easter-Owens Electric Co................................ 4,180.77 Econo Auto Painting (Little Rock)....................... 2,535.56 Econo Auto Painting (Little Rock) Econo Auto Painting (Sherwood) Ed Black's Chevrolet Center/Casa Chevrolet.............. 1,305.40 Front Range Dodge/Front Range Auto, Inc................. 395.58 Golden Geophysical/Fairfield Industries Incorporated.... 967.77 GTE Maintenance Department/GTE Southwest, Inc........... 19,581.04 Hallmark Cabinets....................................... 638.73 Harpers/FHL Group....................................... 4,206.30 Hoffmantown Body Shop................................... 851.64 J.M. Martinac Shipbuilding/J.M. Martinac Shipbuilding Corporation............................................ 12,348.76 Kevin's Body Shop/Kevin's Auto Body and Paint........... 851.64 King Fiber Glass Corp., Fiber Resin Supply Div./CMI/ Composite Materials Inc................................ 10,026.11 Kresco Industrial Coatings/RFI Industries Inc........... 263.72 Lazer Products/Paper Manufacturers Company.............. 263.72 Martin Marrietta ISG/Lockheed Martin.................... 145.04 Metaltech Industries, Inc............................... 1,374.24 New Mexico State Land Office............................ 92.30 Odyssey Transportation/Odyssey Transportation Inc., of Nevada................................................. 741.71 Pacific Enterprises Oil Co.............................. 870.27 Partridge Industrial Coatings........................... 5,535.65 Peachwood HOA, Inc./Peachwood Homeowners Association.... 448.32 Pollard Friendly Motor Co............................... 580.66 Precision Body Shop Volkswagen/Suzuki/Precision Sales and Service Inc./RDS Inc............................... 1,793.28 Precision Prefinish Inc./Precision Prefinishing, Inc.... 3,336.03 Rovalve, Technaflow/Technaflow, Inc..................... 5,366.66 Smith.Wolf Construction................................. 5,037.01 Sorrells Body Shop, Inc................................. 212.91 Spradley Lincoln Mercury................................ 395.58 Starr Corp./Starr Corp. International................... 387.11 Starwood Air Service/Aspen Base Operation, Inc.......... 263.72 Teledyne Getz (Denseo)/Teledyne Water Pik, division of Teledyne Industries, Inc............................... 9,871.27 Teledyne Pines (H & H Tool)/Edward W. Slavin, Jr........ 425.82 Television Technology, Inc./Larcan--TTC................. 4,471.10 Town & Country Auto Center/Emanuel Bugelli.............. 395.58 Twin City Optical/Twin City Optical Co., Inc............ 395.58 United Express--Air Wisconsin/Air Wisconsin Airlines Corporation............................................ 4,645.30 Verticel Honeycomb/Hexacomb Corporation................. 2,109.74 Western Slope Refining.................................. 6,329.23 --------------- Total............................................... 131,646.24 ------------------------------------------------------------------------ By the terms of the proposed AOC, the setting parties will pay a combined $131,646.24 to the Hazardous Substance Superfund. This payment represents approximately 4.6% of the $2,859,862.00 in response costs that EPA has incurred through March 31, 1997. EPA estimates that the total response costs incurred and to be incurred at or in connection with the Site by the United States and by private parties is between $2,926,862.00 and $3,000,000.00. To date, approximately $1,000,000.00 of these response costs have been recovered, primarily through earlier de minimis settlements. The setting parties under this AOC arranged for the disposal of 42,351.25 gallons of hazardous substances to the Site. This amount represents approximately 3.55% of the 1,193,613.15 gallons of hazardous substances manifested to the Site by all generators, both de minimis and non-de minimis. In exchange for payment, EPA will provide the settling parties with a covenant not to sue under sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and under section 7003 of the Solid Waste Disposal Act, as amended (also known as the Resource Conservation and Recovery Act), which will resolve fully each settling party's liability at the Site. The amount that each individual PRP will pay, as shown above, was based upon the number of gallons of hazardous substances manifested to the Site. The total amount of settlement dollars owed by each party to the settlement was arrived at by multiplying the cost per gallon by the number of gallons a party manifested to the Site (``Base Amount'') and then adding to this amount a premium payment equal to 9% or 60% (see discussion below) of the Base Amount. The cost per gallon of $2.1494287739 was derived by dividing the estimated total response costs at the time of calculation of $2,887,862.00 by the 1,193,613.15 total gallons of hazardous substances manifested to the Site. To be eligible for the de minimis settlement, each PRP must have contributed no more than .7% of the total volume of hazardous substances manifested to the Site. PRPs that were identified or located subsequent to EPA's first de minimis settlement offer in March 1996 were allowed to participate in the current proposed settlement at the 9% premium level. PRPs that had been offered the opportunity to participate in EPA's first de minimis settlement offer in March 1996, but chose not to do so, have been allowed to participate in the current [[Page 61116]] proposed de minimis settlement at a 60% premium level. It is so agreed: Dated: November 5, 1997. Carol Rushin, Assistant Regional Administrator, Office of Enforcement, Compliance and Environmental Justice, U.S. Environmental Protection Agency, Region VIII. [FR Doc. 97-30031 Filed 11-13-97; 8:45 am] BILLING CODE 6560-50-M