[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2678-2679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1131]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5949-3]
Lorentz Barrel and Drum Superfund Site; Notice of Proposed
Administrative Settlement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 122(i)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERCLA,'' commonly referred to as Superfund), 42 U.S.C.,
9622(i) and section 7003(d) of the Resource Conservation and Recovery
Act, as amended (``RCRA''), 42 U.S.C. 6973, notification is hereby
given of a proposed cost recovery administrative settlement concerning
the Lorentz Barrel and Drum Superfund Site in San Jose, CA (the
``Site''). The United States Environmental Protection Agency (``EPA'')
is proposing to enter into a de minimis settlement pursuant to section
122(g)(4) of CERCLA. This proposed settlement is intended to resolve
the liabilities under CERCLA and RCRA of 42 de minimis parties for all
past and future response costs associated with the Lorentz Barrel and
Drum Site. The names of the settling parties are listed below in the
Supplementary Information section. These 42 parties collectively have
agreed to pay $1,042,296.53 to EPA and $490,492.51 to the California
Department of Toxic Substances Control (``DTSC'').
EPA is entering into this agreement under the authority of section
122(g)(4) of CERCLA. Section 122(g) authorizes early settlements with
de minimis parties to allow them to resolve their liabilities at
Superfund sites without incurring substantial transaction costs. A de
minimis party is one that contributed a minimal amount of hazardous
substances at a site, and contributed hazardous substances that are not
significantly more toxic or of significantly greater hazardous effect
[[Page 2679]]
than other hazardous substances at a site. Under the authority granted
by Section 122(g), EPA proposes to settle with 42 potentially
responsible parties at the Lorentz Barrel and Drum Superfund Site, each
of whom is responsible for no more than one percent of the total
hazardous substances sent to the Site, as that total is reflected on
the July 29 waste-in list developed by EPA.
De minimis settling parties will be required to pay their allocated
share of all past response costs and the estimated future response
costs at the Lorentz Barrel and Drum Site, including all federal and
state response costs, and a premium to cover the risks of remedy
failure and cost overruns.
EPA may withdraw or withhold its consent to this settlement if
comments received during the 30-day public comment period disclose
facts of considerations which indicate the proposed settlement is
inappropriate, improper, or inadequate.
DATES: Pursuant to section 122(i)(1) of CERCLA and section 7003(d) of
RCRA, EPA will receive written comments relating to this proposed
settlement on or before February 17, 1998. If EPA receives a request
for a public meeting on or before February 17, 1998, pursuant to
section 7003(d) of RCRA, EPA will hold a public meeting.
ADDRESSES: Comments and requests for a public meeting should be
addressed to the Docket Clerk, U.S. EPA Region IX (RC-1), 75 Hawthorne
Street, San Francisco, CA 94105 and should refer to: Lorentz Barrel and
Drum Superfund Site, San Jose, CA, U.S. EPA Docket No. 97-10. A copy of
the proposed Administrative Order on Consent may be obtained from the
Regional Hearing Clerk at the address provided above. EPA's response to
any comments received will be available for inspection from the
Regional Hearing Clerk; at the Dr. Martin Luther King, Jr. Public
Library, Reference Desk, 180W. San Carlos Street, San Jose, CA 95113;
and at San Jose State University, Clark Library, Government
Publications Desk, One Washington Square, San Jose, CA 95192.
FOR FURTHER INFORMATION CONTACT: Vicky Lang, Assistant Regional
Counsel, (415) 744-1331, U.S. Environmental Protection Agency (RC-1),
Regional IX, 75 Hawthorne Street, San Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: The proposed de minimis settlement resolves
EPA and DTSC's claims under section 107 of CERCLA and section 7003 of
RCRA against the following respondents: Almaden Vineyards Inc.,
American Home Foods, Apache Enterprises, Apex Marble, Armour Grocery
Products Co., Beatrice Foods Co., Borden Inc., Bruce Church Co., Cal
Stone, California Cheese Co., California Roofing, Concrete Chemicals,
FMC Corp., Four Phase, Garratt-Callahan Co., Gibson Homans Co., Globe
Union Inc., Hal Crumly Inc., Industrial Models, ITT, L.M. Quartaroli,
Libby Labs, Monsanto Chemical Co., Olocco Agricultural Pest Control,
Pacific Coast Lacquer, Pacific Coast Producers, Power & Communication
Systems, Precision Technical Coatings, Protect-o-Top, Racor Industries
Inc., Safeway Stores Inc., Savnik & Co. Inc., SCM Corp. Glidden Div.,
Sears Roebuck & Co., Stokely Van Camp, Teledyne McCormick Selph,
Teralive Mfg., Tri-Valley Growers Packing, U.S. Printing Ink Corp.,
United Technologies Corp., Western Farm Service, and Witco Chemical Co.
Dated: January 8, 1998.
Michael Hingerty,
Acting Director, Superfund Division.
[FR Doc. 98-1131 Filed 1-15-98; 8:45 am]
BILLING CODE 6560-50-M
