[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Notices]
[Pages 7965-7966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3384]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5152-5]


Proposed Administrative Order on Consent; Lowry Landfill Site, 
Arapahoe County, CO

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Proposed de minimis settlement.

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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 Lowry Landfill 
Site in Arapahoe County, Colorado (the Site). The proposed 
Administrative Order on Consent (AOC) requires potentially responsible 
party (PRP) Rockwell International (Rockwell) to pay a total of 
$314,587.65 to resolve its liability to the USEPA related to response 
actions taken or to be taken at the Site.

[[Page 7966]] DATES: Comments must be submitted on or before March 13, 
1995.

ADDRESSES: Comments should be addressed to Marc Herman (8HWM-SR), 
Remedial Project Manager, U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, suite 500, Denver, Colorado 80202-2466, and 
should refer to: In the Matter of: Lowry Landfill Site De Minimis 
Settlement, EPA Docket No. CERCLA VIII-94-26.

FOR FURTHER INFORMATION CONTACT: Jessie Goldfarb (8RC), Assistant 
Regional Counsel, U.S. Environmental Protection Agency, Region VIII, 
999 18th Street, suite 500, Denver, Colorado 80202-2466, (303) 294-
7592.

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 settling party Rockwell International.
    By the terms of the proposed AOC, Rockwell International will pay 
$314,587.65 to the EPA Hazardous Substance Superfund. In exchange for 
payment, USEPA will provide Rockwell with a covenant not to sue for 
liability under sections 106 and 107(a) of CERCLA, and section 7003 of 
the Solid Waste Disposal Act, as amended (also known as the Resource 
Conservation and Recovery Act (RCRA)).
    The amount that Rockwell International will pay was determined by 
dividing the original estimated response costs for the Site 
($536,000,000) by the original estimated volume of waste disposed of at 
the Site (142,295,420 gallons). This per gallon charge of $3.77 was 
then multiplied by the volume of waste Rockwell sent to the Site from 
the Rocky Flats Plant (55,630 gallons), resulting in a Base Amount 
($209,725.10). The premium selected by Rockwell (50% of the Base 
Amount) was then added to the Base Amount to derive Rockwell's total 
settlement payment of $314,587.65.
    Because the proposed settlement is an extension of the previous 
Lowry Landfill Site de minimis settlements, and to ensure consistency 
with those settlements, the original estimated response costs for the 
Site and original estimated volume of waste disposed of at the Site 
were retained from the previous settlements.
    USEPA will receive, for a period of thirty (30) days from the date 
of this publication, comments relating to the proposed de minimis 
settlement.
    A copy of the proposed AOC may be obtained in person or by mail 
from Marc Herman (8HWM-SR), Remedial Project Manager, U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, suite 
500, Denver, Colorado, 80202-2466, (303) 293-1625. 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 Aurora Central Public Library located at 14949 East 
Alameda Drive, Aurora, Colorado.

    Dated: January 24, 1995.
William P. Yellowtail,
Regional Administrator.
[FR Doc. 95-3384 Filed 2-9-95; 8:45 am]
BILLING CODE 6560-50-M