[Federal Register Volume 61, Number 150 (Friday, August 2, 1996)]
[Pages 40416-40417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19707]


[FRL 5545-8]

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. 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]