[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Notices]
[Pages 40416-40417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19707]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL 5545-8]
Notice of Proposed Administrative Settlement; Lorentz Barrel and
Drum Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Notice; request for public comment.
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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, 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 60 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 60 parties collectively have
agreed to pay $1,838,224.30 to EPA and $865,046.72 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 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 60 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,
1994 waste-in list developed by EPA.
De minimis settling parties will be required to pay their allocated
share of
[[Page 40417]]
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. One settling de minimis party was a party to an earlier
settlement with EPA (``prior settlor'') under which the prior settlors
conducted clean up work at the Site. EPA has calculated the value of
the prior settlors' work and has arrived at an equitable amount which
this prior settlor has agreed to pay to enter into this settlement to
resolve its liability to EPA and 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 meeting within
thirty (30) days following the date of publication of this Notice,
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, California, U.S. EPA Docket No. 96-01. 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: Karen Goldberg, Assistant Regional
Counsel, (415) 744-1382, U.S. Environmental Protection Agency (RC-3),
Region 9, 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: Adhesives Consultants Corp.,
Alcal Roofing, American Contracting, Amoco, Anacomp, Angray
Merchandising Corp., B & W Chemicals, Inc., Bell Industries, Burke
Industries Co., Central Solvents & Chemicals, Chem Art Laboratories,
Crown Zellerbach Corp., Del Monte Corp., Dopaco Inc., E.F. Houghton &
Co., Fuller O'Brien Corporation, General Printing Ink Co., Glasforms
Inc., Industrial Labs, Intel, International Paper Co., Jerry Mello,
Jhirmack, John Jones, Jones Chemicals Inc., Kaiser Aluminum & Chemical,
Kaiser Cement, Lubricating Specialties Co., McKesson Corp., Micro
Metallics Corp., NBK Corp., Norda Inc., Owens Illinois Glass Co.,
Pacific Fiberglass, Personal Products Co., Pyramid Painting Inc.,
Raytheon Co., Rheem Manufacturing Co., Rim Industries Inc., Rohm & Haas
California Inc., Romic Chemical Co., Santa Clara County Transit,
Schlage Lock Co., Signetics Corp., Simpson Lee Paper Co., Stucco Stone
Prod., Stutts Scientific Service, Tandy Corp., Technical Coating,
Thomas J. Lipton Inc., Tresco Paint Co., Tri-Cal Inc., U.S. Cellulose
Co. Inc., Unisys, Varian Associates, Velcon Filters Inc., Vic Hubbard
Speed & Marine, Viking Container Co., Wrigley Chewing Gum Co., and
Zycon Corp.
Dated: July 19, 1996.
Michael Heely,
Acting Director Superfund Division.
[FR Doc. 96-19707 Filed 8-1-96; 8:45 am]
BILLING CODE 6560-50-M
