[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Notices]
[Page 29213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14157]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6103-4]
Amendment to Administrative Order on Consent Pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), as Amended by the Superfund Amendments and Reauthorization
Act--Herriman, Utah
agency: Environmental Protection Agency (EPA).
action: Notice; request for public comment.
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summary: Notice is hereby given of a proposed amendment to a settlement
under sections 104(a) and 122(a) of the Comprehensive Environmental
Response, and Liability Act, as amended, (CERCLA) concerning the
Herriman Residential Soils Removal Action Site in Herriman, Utah
(Site). Under the Amended Administrative Order on Consent (Order)
Kennecott Utah Copper Corporation has agreed to perform certain
response actions related to a removal action to be performed at the
Site.
dates: Comments must be submitted on or before June 29, 1998.
addresses: The Order is available for public inspection at the EPA
Superfund Records Center, 999 18th Street, 5th Floor, North Tower,
Denver, Colorado. Comments should be addressed to Paul J. Rogers,
Enforcement Specialist, (8ENF-T), U.S. Environmental Protection Agency,
999 18 Street, Suite 500, Denver, Colorado, 80202-2405, and should
reference the Herriman Residential Soils Removal Action Order, EPA
Docket No. CERCLA-VIII-97-08.
for further information contact: Paul J. Rogers, Enforcement
Specialist, at 303/312-6356.
supplementary information: Pursuant to sections 104(a) and 122(a) of
the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, (CERCLA), EPA and Kennecott Utah Copper Corporation
(Kennecott) entered into an Administrative Order on Consent (Order)
concerning the Herriman Residential Soils Removal Action Site in
Herriman, Utah (Site), effective July 9, 1997. This Order has been
amended to provide for Kennecott's continued participation in response
actions at the Site. The Amended Order requires Kennecott Utah Copper
Corporation to provide transportation and disposal of no more than
60,000 cubic yards of lead and arsenic contaminated soils removed by
EPA generally from the surface to 18 inches in depth and for Kennecott
to provide 45,000 cubic yards of replacement soils as part of the Phase
II response action. Upon completion of the action, EPA will convenant
not to sue Kennecott for any failure to perform the work agreed to in
the Order. EPA also proposes to provide Kennecott with contribution
protection for matters addressed in this Order to the extent provided
by section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2). Matters addressed
are defined in the amended Order as response actions taken or to be
taken by the EPA or any other person (as that term is defined by
section 101(21) of CERCLA, 42 U.S.C. 9601(21)) and all response costs
incurred and to be incurred by the EPA or any other person (as that
term is defined by section 101(21) of CERCLA, 42 U.S.C. 9601(21)) at or
in connection with Herriman Residential Soils Removal. Section 101(21)
of CERCLA, 42 U.S.C. 9601(21) states that the term person means an
individual, firm, corporation, association, partnership, consortium,
joint venture, commercial entity, United States Government, State,
municipality, commission, political subdivision of a State, or any
interstate body. For a period of thirty (30) days from the date of this
publication, the public may submit comments to EPA relating to the
contribution protection proposed to be conferred in this Order. A copy
of the Order may be obtained from the Superfund Records Center, U.S.
Environmental Protection Agency, 999 18th Street, Suite 500, Denver,
Colorado, 80202-2405, 303/312-6473. Additional background information
relating to the Order and the Site is also available for review at the
Superfund Records Center at the address listed above and at the
Riverton Public Library, 1830 West 12600 South, Riverton, UT 84065.
Dated: May 1, 1998.
Sharon Kercher ,
Acting Assistant Regional Administrator, Office of Enforcement,
Compliance and Environmental Justice, Region VIII.
[FR Doc. 98-14157 Filed 5-27-98; 8:45 am]
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