[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