[Federal Register Volume 65, Number 58 (Friday, March 24, 2000)]
[Notices]
[Page 15904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7328]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6563-6]


Proposed Past Cost 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 in section 122(i)(1) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), notice is hereby given of a proposed past cost settlement 
under section 122(h), concerning the Colorado School of Mines Research 
Institute site in Golden, Colorado (Site). The proposed Administrative 
Order on Consent (AOC) requires several Potentially Responsible Parties 
(PRPs), including Federal PRPs to pay an aggregate total of $871,000 to 
the United States Environmental Protection Agency (EPA) related to 
response actions taken at the Site.

DATES: Comments must be submitted by April 24, 2000.

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 Past Cost 
Settlement (EPA Docket No. CERCLA-8-2000-7).

FOR FURTHER INFORMATION CONTACT: Kelcey Land, Enforcement Specialist, 
at (303) 312-6393.

SUPPLEMENTARY INFORMATION: Notice of section 122(h) past cost 
settlement: In accordance with section 122(i)(1) of CERCLA, notice is 
hereby given that the terms of an Administrative Order on Consent (AOC) 
has been agreed to by the following parties:
    The PRPs include: ASARCO Inc., BP America, Inc., Cotter 
Corporation, Cyprus Amax Minerals Company, El Paso Natural Gas Company, 
Elf Aquitane, Inc. on behalf of several Texasgulf companies, ExxonMobil 
Coal and Minerals Company, N.L. Industries, Inc., Inspiration 
Consolidated Copper Company, Phelps Dodge Corporation, Terra 
Industries, Inc., and Western Nuclear, Inc. as well as several 
affiliates of these companies, all of whom are listed in Attachment A 
of the agreement. The private PRPs paid a total of $480,993.48.
    Several federal PRPs were also identified at the site, however only 
the Bureau of Mines is a signatory to the agreement. The United States 
paid a total of $390,006.52 in settlement of the claims against all 
federal entities.
    By the terms of the proposed AOC, these parties will together pay 
$871,000 to the Hazardous Substance Superfund. This payment along with 
the $1.056 million reimbursement via the de minimis settlements 
constitutes approximately a 93% settlement of all EPA's costs at the 
site.
    In exchange for payment, EPA will provide the settling parties with 
a limited covenant not to sue for liability under section 107(a) of 
CERCLA, which includes liability for EPA's past costs and contribution 
protection for EPA's past costs and other past costs incurred before 
and including May 31, 1997. The covenants and contribution protection 
also extends to Colorado School of Mines (CSM), Colorado School of 
Mines Research Institute (CSMRI), and the State of Colorado who are 
also signatories to the agreement. The only other past costs known at 
this time were incurred by the signatories to the agreement.
    For a period of thirty (30) days from the date of this publication, 
the public may submit comments to EPA relating to this proposed past 
cost 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 5000, Colorado 80202-2405, (303) 312-6393. Additional background 
information relating to the proposed cost settlement is available for 
review at the Superfund Records Center at the above address.
    It is So Agreed.

Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 00-7328 Filed 3-23-00; 8:45 am]
BILLING CODE 6560-50-U