[Federal Register Volume 61, Number 240 (Thursday, December 12, 1996)]
[Notices]
[Pages 65400-65401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31428]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5663-2]


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: Correction to original notice and request for public comment.

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SUMMARY: The original notice of proposed de minimis settlement 
published on September 17, 1996 (61 FR 48951) is corrected by adjusting 
the settlement figure for Energy Fuels Nuclear, Inc. from $326,800.73 
to $184,800.41 and is hereby submitted for public comment. 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 on or before 
January 13, 1997.

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 Kelcey Land, 
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: Kelcey Land, Enforcement Specialist, 
at (303) 312-6393.

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...................................$184,800.41

[[Page 65401]]

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 0.035% 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 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 Kelcey Land (8ENF-T), U.S. Environmental Protection 
Agency, Region VIII, 999 18th Street, Suite 500, Denver, Colorado 
80202-2405, (303) 312-6393. 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: December 2, 1996.
Jack W. McGraw,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region VIII.
[FR Doc. 96-31428 Filed 12-11-96; 8:45 am]
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