[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Page 63337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31281]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5929-1]
Deminimis Settlement Under Section 122(g) of the Comprehensive
Environmental Response, Compensation and Liability Act; In the Matter
of Powell Road Landfill Site, Huber Heights, Ohio
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; Deminimis settlement.
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SUMMARY: EPA is proposing to settle claims with certain deminimis
potentially responsible parties (PRPs) regarding past and estimated
future response costs at the Powell Road Landfill Site in Huber
Heights, Ohio. EPA is authorized under section 122(i)(1) of the
Comprehensive Environmental Response, Compensation and Liability Act of
1908, as amended (CERCLA), to enter into this settlement. The U.S.
Department of Justice has approved this settlement, consistent with
section 122(g)(4) of CERCLA. Total response costs for the Site are
approximately $26,925,537: $4,735,237 in past costs incurred by certain
PRPs in connection with the Remedial Design for the Site and EPA
oversight through December 31, 1996; and $22,940,300 in estimated
future costs, including future oversight. The estimated future costs
figure was reduced by $750,000 to account for certain PRP generators
who are insolvent or defunct. The settling PRPs will pay approximately
$918,582 for response costs related to the Powell Road Site. EPA is
proposing to approve this deminimis settlement because the monies
recovered will deposited into the Powell Road Landfill Special Account
within the EPA Hazardous Substances Superfund and shall be used to
finance the response action that will be implemented and conducted by
the major PRPs under a Remedial Action Consent Decree for the Site.
On May 13, 1997, EPA sent the deminimis settlement offer and
Administrative Order on Consent (Consent Order) to 182 deminimis PRPs
(170 commercial/industrial generators and 12 transporters). The Consent
Order gives substantial releases from liability under CERCLA, including
the United States' covenant not to sue for past and future liability,
and contribution protection from suit by other PRPs at the Site. The
Consent Order provides for settlement with generator PRPs who are,
individually, responsible for less than .96% of the total volume of
allocable hazardous waste sent to the Site; and transporter PRPs who
are, individually, responsible for less than 1.34% of the total volume
of allocable hazardous waste sent to the Site. 71 of the 182 deminimis
PRPs executed binding certifications of their consent to participate in
the deminimis settlement.
Settling deminimis PRPs will be required to pay their fair share of
the past and estimated future response costs at the Site, including a
75% premium assessed against the estimated future response costs to
account for potential cost overruns, the potential for failure of the
selected response action to clean up the Site, and other risks. The
settlement payment amount for each deminimis PRP is based upon each
deminimis PRP's ``adjusted weighted share'' of waste that it
contributed to the Site, expressed as a percentage of the total volume
of allocable waste contributed to the Site by all PRPs. In order to
promote a fair allocation of responsibility between the different types
of PRPs, EPA developed an adjusted weighted share percentage for each
PRP. This figure is based upon each PRP's actual volumetric
contribution of waste to the Site, adjusted to account for the evidence
linking the PRP to the Site and the nature of waste contributed by the
PRP, and the PRP's usage of the Powell Road Site from 1959 to 1973, the
period during which no documentation exists regarding the volume of
waste contributed to the Site. The settlement payment amount for each
deminimis generator was calculated by multiplying each deminimis
generator's adjusted weighted share percentage by the portion of total
site costs, including premium, allocated to the deminimis generator
class (37.5% of total site costs or $16,338,098). The settlement
payment amount for each deminimis transporter was calculated by
multiplying each deminimis transporter's adjusted weighted share
percentage by the portion of total site costs, including premium,
allocated to the deminimis transporter class (10% of total site costs
or $4,356,826).
DATES: Comments on this deminimis settlement must be received on or
before December 29, 1997.
ADDRESSES: Written comments relating to this deminimis settlement,
Docket No. V-W-97-C-401, should be sent to Constandina A. Kallos,
Associate Regional Counsel, U.S. Environmental Protection Agency,
Region 5, Mail Code: C-29A, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3590.
FOR FURTHER INFORMATION CONTACT: Copies of the Administrative Order on
Consent and the Administrative Record for this Site are available at
the following address for review. It is strongly recommended that you
telephone Mike Bellot at (312) 353-6425 before visiting the Region 5
Office.
U.S. Environmental Protection Agency, Region 5, Superfund Division, 77
West Jackson Boulevard, Chicago, Illinois 60604-3590.
Authority: The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601
et seq.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 97-31281 Filed 11-26-97; 8:45 am]
BILLING CODE 6560-50-P
