[Federal Register Volume 63, Number 11 (Friday, January 16, 1998)]
[Notices]
[Pages 2678-2679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1131]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5949-3]


Lorentz Barrel and Drum Superfund Site; Notice of Proposed 
Administrative Settlement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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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, notification is hereby 
given of a proposed cost recovery administrative settlement concerning 
the Lorentz Barrel and Drum Superfund Site in San Jose, CA (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 42 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 42 parties collectively have 
agreed to pay $1,042,296.53 to EPA and $490,492.51 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 at a site, and contributed hazardous substances that are not 
significantly more toxic or of significantly greater hazardous effect

[[Page 2679]]

than other hazardous substances at a site. Under the authority granted 
by Section 122(g), EPA proposes to settle with 42 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 waste-in list developed by EPA.
    De minimis settling parties will be required to pay their allocated 
share of 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.
    EPA may withdraw or withhold its consent to this settlement if 
comments received during the 30-day public comment period disclose 
facts of 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 on or before February 17, 1998. If EPA receives a request 
for a public meeting on or before February 17, 1998, 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, CA, U.S. EPA Docket No. 97-10. 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, 180W. 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: Vicky Lang, Assistant Regional 
Counsel, (415) 744-1331, U.S. Environmental Protection Agency (RC-1), 
Regional IX, 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: Almaden Vineyards Inc., 
American Home Foods, Apache Enterprises, Apex Marble, Armour Grocery 
Products Co., Beatrice Foods Co., Borden Inc., Bruce Church Co., Cal 
Stone, California Cheese Co., California Roofing, Concrete Chemicals, 
FMC Corp., Four Phase, Garratt-Callahan Co., Gibson Homans Co., Globe 
Union Inc., Hal Crumly Inc., Industrial Models, ITT, L.M. Quartaroli, 
Libby Labs, Monsanto Chemical Co., Olocco Agricultural Pest Control, 
Pacific Coast Lacquer, Pacific Coast Producers, Power & Communication 
Systems, Precision Technical Coatings, Protect-o-Top, Racor Industries 
Inc., Safeway Stores Inc., Savnik & Co. Inc., SCM Corp. Glidden Div., 
Sears Roebuck & Co., Stokely Van Camp, Teledyne McCormick Selph, 
Teralive Mfg., Tri-Valley Growers Packing, U.S. Printing Ink Corp., 
United Technologies Corp., Western Farm Service, and Witco Chemical Co.

    Dated: January 8, 1998.
Michael Hingerty,
Acting Director, Superfund Division.
[FR Doc. 98-1131 Filed 1-15-98; 8:45 am]
BILLING CODE 6560-50-M