[Federal Register Volume 61, Number 181 (Tuesday, September 17, 1996)]
[Notices]
[Pages 48951-48952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23789]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5611-4]


Proposed De Minimis Settlement Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), as 
Amended by the Superfund Amendments and Reauthorization Act--Golden, CO

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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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 Colorado 
School of Mines Research Institute site in Golden, Colorado (Site). The 
proposed Administration Order on Consent (AOC) requires five (5) 
Potentially Responsible Parties to Pay an aggregate total of 
$215,640.36 to address their liability to the United States 
Environmental Protection Agency (EPA) related to response actions taken 
or to be taken at the Site.

OPPORTUNITY FOR COMMENT: Comments must be submitted by October 17, 
1996.

ADDRESSES: The proposed settlement is available for public inspection 
at the EPA Superfund Record Center, 999 18th Street, 5th Floor, North 
Tower, Denver, Colorado. Comments should be addressed to Maureen 
O'Reilly, Enforcement Specialist, (8ENF-T), U.S. Environmental 
Protection Agency, 999 18th Street, Suite 500, Denver, Colorado, 80202-
2405, and should reference the Colorado School of Mines Research 
Institute site de minimis settlement (EPA Docket No. CERCLA-VIII-96-
17).

FOR FURTHER INFORMATION CONTACT: Maureen O'Reilly, Enforcement 
Specialist, at (303) 312-6402.

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 five (5) parties, for the 
following amounts:

Energy Fuels Nuclear, Inc...................................$326,800.73
Kennecott Corporation, Kennecott Holdings Corporation, and 
Kennecott Utah Copper Corporation............................$30,285.75
Lockheed Corporation............................................$554.20

    By the terms of the proposed AOC, these parties will together pay 
$215,640.36 to the Hazardous Substance Superfund. This payment 
represents approximately .035% of the total anticipated response costs 
for the Site upon which this settlement is based.
    In exchange for payment, EPA will provide the settling parties with 
a limited covenant not to sue for liability under sections 106 and 
107(a) of CERCLA, including liability for EPA's past costs, the cost of 
the remedy, and future EPA oversight costs, and under section 7003 of 
the Solid Waste Disposal Act, as amended (also known as the Resource 
Conservation and Recovery Act).
    The settlement amount that each PRP will pay, as shown above, 
depends upon whether they contributed radioactive hazardous substances 
or non-radioactive hazardous substances to the Site. The per pound cost 
for non-radioactive hazardous substances is $1.54. The per pound cost 
for radioactive hazardous substances is $3.08. Settlement amounts are 
calculated by multiplying these per pound costs by the number of pounds 
of hazardous substances a party sent to the Site (Base Amount), adding 
a premium of either 30% or 130% of the Base Amount, as specified by 
each PRP in the AOC, and adding a $200 administrative fee. For parties 
paying a 30% premium (Energy Fuels Nuclear, Inc.), there is an 
exception to the covenant not to sue if total response costs at the 
Site exceed $6,000,000. For

[[Page 48952]]

parties paying a 130% premium (the Kennecot entities and Lockheed 
Corporation), there is an exception to the covenant not to sue if total 
response costs at the Site exceed $20,000,000.
    For a period of thirty (30) days from the date of this publication, 
the public may submit comments to EPA relating to this proposed de 
minimis settlement.
    A copy of the proposed AOC may be obtained from Maureen O'Reilly 
(8ENF-T), U.S. Environmental Protection Agency, Region VIII, 999 18th 
Street, Suite 500, Colorado 80202-2405, (303) 312-6402. Additional 
background information relating to the de minimis settlement is 
available for review at the Superfund Records Center at the above 
address.

    It is So Agreed:

    Dated: September 9, 1996.
Patricia D. Hull,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region VIII.
[FR Doc. 96-23789 Filed 9-16-96; 8:45 am]
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