[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9539]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5193-9]
Proposed Administrative order on Consent; Petrochem Recycling
Corp./Ekotek, Inc. Site, Salt Lake City, Utah
AGENCY: U.S. Environmental Protection Agency (U.S. EPA).
ACTION: Proposed de minimis settlement.
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SUMMARY: In accordance with the requirements of section 122(i)(l) 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) of CERCLA concerning the
Petrochem Recycling Corp./Ekotek, Inc., Site in Salt Lake City, Utah
(Site). The proposed Administrative Order on Consent (AOC) requires 7
potentially responsible parties (PRP) to pay an aggregate total of
$152,825.15 to resolve their liability to the EPA related to response
actions taken or to be taken at the Site. The terms of the proposed AOC
for these settlements are identical to that approved and made effective
by EPA November 16, 1994 (See Federal Register notice, dated September
2, 1994). One of the 7 settlements, EIMAC Corp. (Varian Associates,
Inc.), was revised from its previous listing in the September 2, 1994,
Federal Register notice based on an amended settlement volume (with no
other changes to the AOC), and is thus re-noticed here.
DATES: Comments must be submitted by May 18, 1995.
ADDRESSES: Comments should be addressed to Greg Phoebe (8HWM-SR),
Enforcement Specialist, U.S. Environmental Protection Agency, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, and
should refer to: In the matter of Petrochem/Ekotek De Minimis
Settlement.
FOR FURTHER INFORMATION CONTACT:
James M. Stearns, Office of Regional Counsel, EPA Region VIII, at (303)
294-7197.
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 7 parties, for the following
amounts: Option A Settlements: Bloomfield Refining Co. ($19,300.00);
EIMAC Corporation (Varian Associates, Inc.) ($77,744.26); Auto Body
Supply, Inc. ($2,759.90); Auto Painting & Collision Specialists, Inc.
($2,547.60); and G & K Services, Inc. ($6,872.58). Option B
Settlements: BP Exploration & Oil, Inc. (fka SOHIO and SOHIO Oil
Company; aka BP Exploration, Inc.) ($16,501.31); and US Polymeris (aka
US Polymeric Industries, Inc.; nka BP Chemicals ``HITCO,'' Inc.)
($27,099.50).
By the terms of the proposed AOC, these PRPs will together pay
$152,825.15 to the Hazardous Substance Superfund (Superfund). This
amount represents approximately 0.2% of the total anticipated costs for
the Site upon which this settlement was based.
In exchange for payment, U.S. EPA will provide the settling parties
with a covenant not to sue for liability under sections 106 and 107(a)
of CERCLA, including liability for EPA past costs, the one-time cost of
remedy, future EPA oversight costs, future operation and maintenance of
the as-yet unselected remedy, and under section 7003 of the Solid Waste
Disposal Act, as amended (also known as the Resource Conservation and
Recovery Act (RCRA)).
The amount that each individual PRP will pay, as shown above,
equals $2.97 multiplied by the number of gallons of waste the party
sent to the Site (Base Amount), plus a premium payment of either 30% or
120% of the Base Amount, as specified by each Respondent PRP in the
AOC. The per gallon charge of $2.97 was calculated by dividing the
total estimated response costs for the Site ($69,594,403) by the total
estimated volume of waste disposed of at the Site (23,454,592 gallons).
For parties paying a 30% premium, the ``Option A'' settlement, there is
an exception to the covenant not to sue if total response costs at the
Site exceed $69,594,403. If this amount were exceeded, EPA could sue
these parties for all or a portion of the overage. For parties paying
the 120% premium, the ``Option B'' settlement, the exception to the
covenant not to sue does not apply.
For a period of thirty (30) days from the date of this publication,
the public may submit comments to U.S. EPA relating to the proposed de
minimis settlement.
A copy of the proposed settlement AOC may be obtained from Greg
Phoebe (8HWM-SR), U.S. Environmental Protection Agency, Region VIII,
999 18th Street, Suite 500, Denver, Colorado 80202-2405, (303) 294-
7036. Additional background information relating to the de minimis
settlement is available for review at the Superfund Records Center at
the above address, and at the Marriott Library, Special Collections
Department, University of Utah, Salt Lake City, Utah (801) 581-8863.
Jack McGraw,
Acting, Regional Administrator, U.S. EPA, Region VIII.
[FR Doc. 95-9539 Filed 4-17-95; 8:45 am]
BILLING CODE 6560-50-M
