94-25868. 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 ...  

  • [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]
    
    
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    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.
    
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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 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
    
    
    

Document Information

Published:
10/19/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Notice and request for public comment.
Document Number:
94-25868
Dates:
Comments must be submitted by November 18, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: October 19, 1994, FRL-5094-1