[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Notices]
[Pages 58730-58731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28815]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5915-8]


Proposed Administrative Order on Consent Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), as Amended by the Superfund Amendments and Reauthorization 
Act--Herriman, UT

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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SUMMARY: Notice is hereby given of a proposed settlement under sections 
104(a) and 122(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended, (CERCLA) concerning the 
Herriman Residential Soils Removal Action Site in Herriman, Utah 
(Site). The Administrative Order on Consent (Order) requires Kennecott 
Utah Copper Corporation to perform certain response actions related to 
a removal action to be performed at the Site.

DATES: Comments must be submitted on or before December 1, 1997.

ADDRESSES: The Order is available for public inspection at the EPA 
Superfund Records Center, 999 18th Street, 5th Floor, North Tower, 
Denver, Colorado.

[[Page 58731]]

Comments should be addressed to Paul J. Rogers, Enforcement Specialist, 
(8ENF-T), U.S. Environmental Protection Agency, 999 18th Street, Suite 
500, Denver, Colorado, 80202-2405, and should reference the Herriman 
Residential Soils Removal Action Order, EPA Docket No. CERCLA-VIII-97-
08.

FOR FURTHER INFORMATION CONTACT: Paul J. Rogers, Enforcement 
Specialist, at 303/312-6356.

SUPPLEMENTARY INFORMATION: Pursuant to sections 104(a) and 122(a) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act, as amended, (CERCLA), EPA and Kennecott Utah Copper Corporation 
(Kennecott) have entered into an Administrative Order on Consent 
(Order) concerning the Herriman Residential Soils Removal Action Site 
in Herriman, Utah (Site). Under Phase I of the Removal Action at the 
Site, EPA will remove lead and arsenic contaminated soils from 
approximately 30 residences in Herriman, Utah. The Order requires 
Kennecott Utah Copper Corporation to provide transportation and 
disposal of no more than 60,000 cubic yards of lead and arsenic 
contaminated soils removed by EPA and for Kennecott to provide no more 
than 60,000 cubic yards of clean backfill as part of the Phase I 
response action. Upon completion of the action, EPA will covenant not 
to sue Kennecott for any failure to perform the work agreed to in the 
Order. EPA also proposes to provide Kennecott with contribution 
protection for matters addressed in this Order to the extent provided 
by section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2). Matters addressed 
are defined in the Order as response actions taken or to be taken by 
the EPA or any other person (as that term is defined by section 101(21) 
of CERCLA, 42 U.S.C. 9601(21)) and all response costs incurred and to 
be incurred by the EPA or any other person (as that term is defined by 
section 101(21) of CERCLA, 42 U.S.C. 9601(21)) at or in connection with 
Phase I Herriman Residential Soils Removal. For a period of thirty (30) 
days from the date of this publication, the public may submit comments 
to EPA relating to the contribution protection proposed to be conferred 
in this Order. A copy of the Order may be obtained from Paul J. Rogers, 
Enforcement Specialist, (8ENF-T), U.S. Environmental Protection Agency, 
999 18th Street, Suite 500, Denver, Colorado, 80202-2405. Additional 
background information relating to the Order and the Site is available 
for review at the Superfund Records Center at the address listed above.

    Dated: October 2, 1997.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, Region VIII.
[FR Doc. 97-28815 Filed 10-29-97; 8:45 am]
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