[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16135-16136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7592]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5179-8]
Notice of Proposed Administrative Settlement; Lorentz Barrel and
Drum Superfund Site
AGENCY: Environmental Protection Agency.
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. Sec. 6973, notice is hereby given
of a proposed cost recovery administrative settlement concerning the
Lorentz Barrel and Drum Superfund Site in San Jose, California (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 88 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 88 parties collectively have
agreed to pay $1,853,545.51 to EPA and $1,273,062.71 to the California
Department of Toxic Substances Control (``California 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 to a site in comparison to other hazardous substances at a
site, and contributed hazardous substances that are not significantly
more toxic or of significantly greater hazardous effect than other
hazardous substances at a site. Under the authority granted by Section
122(g), EPA proposes to settle with 88 potentially responsible parties
at the Lorentz Barrel and Drum Superfund Site, each of whom is
responsible for no more than one percent of the barrels or drums that
may have contained hazardous substances sent to the Site, as reflected
on the waste-in list developed by EPA.
De minimis settling parties will be required to pay their allocated
share of all part 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. Fifteen of the settling de minimis parties
were parties to earlier settlements with EPA in which they conducted
cleanup work at the Site. EPA has calculated the value of the prior
settlors' work and has arrived at an equitable amount which the 15
prior settlors have agreed to pay in this settlement to resolve their
liabilities to EPA and the California DTSC for the Site.
EPA may withdraw or withhold its consent to this settlement if
comments received during the 30 day public comment period disclose
facts or 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 for thirty (30) days following the date of publication of
this Notice. If EPA receives a request for a public hearing within
thirty (30) days following the date of publication of this Notice,
pursuant to Section 7003(d) of RCRA, EPA will hold a public hearing to
afford the public an opportunity to comment on the proposed settlement.
ADDRESSES: Comments and requests for a public hearing 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, California, U.S. EPA Docket No. 95-01. 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, 180 W. 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: Mary S. Andrews, Senior Associate,
(202) 260-3109, U.S. Environmental Protection Agency, Office of Site
Remediation Enforcement (2244), Room 3105, 401 M Street SW.,
Washington, DC 20460, or Randa Bishlawi, Assistant Regional Counsel,
(415) 744-1345, U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, CA 94105.
SUPPLEMENTARY INFORMATION: The proposed de minimis settlement resolves
EPA and California DTSC's claims under Section 107 of CERCLA and
Section 7003 of RCRA against the following Respondents: A.J. Raisch
Paving Company, Albuquerque Enterprises, Allgood Industries, Amchem
Products Inc., American National Can Company, Ampex Corporation,
Ashland Chemical Company, Auto Body Supply Warehouse, Bayday Chemical,
Boise Cascade Company, Central Valley Beverage, Conoco Inc.,
Consolidated Freightways, Container Corporation of America, Continental
Can Company Inc., Cul Mar, Daw Printing Ink Company, Day-Brite Lighting
Inc., Defense Logistics Agency, Dymo Industries Inc., Eastman Kodak
Company, El Camino Hospital, Exchange Linen Services, Fiberglass
Representatives Inc., Firestone Tire & Rubber Company, Fletco Paint
Company, General Electric Company, Georgia Pacific Corporation, Getty
Oil, Gilroy Foods Inc., Great Western Chemical Company, Green Giant
Company, Guardian Sanitary Supply Company, H & H Robertson Company,
Holly Sugar Refinery, Hewlett Packard Company, I.B.M., Inland
Container, International Rotex, IT Transportation, Jasco Chemical
Company, Jones Hamilton Company, Kern Food Inc., KTI Chemical Inc., L.&
N. Uniform Supply Company, Lockheed, Minwax Company Inc., Morton Paint
Company, Nasa Ames Research Center, National Fiberglass Corporation,
National Semiconductor Corporation, National Starch & Chemical Company,
State of Nevada Department of Highways, Norton Company, Olin
Corporation, Pacific Gas [[Page 16136]] & Electric Company, Packaging
Industries Inc., Patterson Pacific Parchment Company, Patterson Frozen
Foods, Pepsi Cola Bottling Company, Potlatch Corporation, Quaker State
Oil Company, Raychem Corporation, San Jose Graphics, San Jose Hospital,
San Jose State University, Sanmina Corporation, Santa Clara County,
Santa Clara Valley Water Conservation District, Sea & Ski Corporation,
Sierra Chemical Company, Solvent Service Company, Stanford Linear
Accelerator, Stockton Door Company, Tenneco Inc., Tidewater Oil
Company, Tom Matsui, U.S. Air Force, U.S. Steel Corporation, United Air
Lines, United Can Company, Universe Paint Company, University of
California, Valley Farm Supply, Van Waters & Rogers Inc., Van Products
Company, Inc., Vi-Tex Packaging Company and Westinghouse Electric
Corporation.
Dated: March 14, 1995.
Keith Takata,
Acting Director, Hazardous Waste Management Division.
[FR Doc. 95-7592 Filed 3-28-95; 8:45 am]
BILLING CODE 6560-50-M
