[Federal Register Volume 69, Number 110 (Tuesday, June 8, 2004)]
[Notices]
[Pages 31997-31998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12929]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7671-7]


Administrative Order on Consent--Portland Cement, Site 5

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement agreement pursuant to section 
122(g)(4) of CERCLA, request for public comment, and notice of 
opportunity for a public meeting.

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SUMMARY: Notice is hereby given of a proposed settlement pursuant to 
section 122(g)(4) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9622(g)(4), 
concerning the Portland Cement Superfund site, Site 5 (``Site 5''). The 
proposed settlement is embodied in an Administrative Order on Consent 
(``AOC'') between the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), the present owners of Site 5 
(the 1967 Trust and the 1981 Trust, hereinafter, collectively the 
``Trusts''),

[[Page 31998]]

and the Trustees of those Trusts (collectively the ``Parties'').
    Site 5 is located at approximately 2500 West and Cudahy Lane in 
Section 10, Township 1 North, Range 1 West, SLB&M, Davis County, Utah. 
Site 5 encompasses approximately 16.5 acres of undeveloped land 
surrounded by salt flats. Site 5 is one of five sites on which cement 
kiln dust (``CKD'') and refractory brick from the former Portland 
Cement Plant in Salt Lake City, Utah were dumped. Approximately 42,500 
to 68,000 cubic yards of CKD were distributed unevenly in piles of 
varying degrees at Site 5. In 1994, EPA reached a settlement with Lone 
Star Industries, the then owner and operator of the former Portland 
Cement Plant which provided financial settlement to EPA with respect to 
the five CKD dump sites in Utah. EPA has undertaken response actions at 
Site 5, and in 2001, EPA completed an Engineering Evaluation/Cost 
Analysis (EE/CA) for Site 5. EPA has incurred and will continue to 
incur response costs at or in connection with Site 5.
    Under the proposed AOC, the Trusts and Trustees agree to pay 
$75,000 within 30 days of the effective date of the AOC and agree to 
pay a percentage of the Net Sales Proceeds of any sale of the Property 
as outlined in the AOC. In exchange, the United States will provide 
covenants to the Trusts and Trustees under section 106 and 107 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, 42 U.S.C. 9606 or 9607 and under section 7003 of Resource 
Conservation and Recovery Act, 42 U.S.C. 6973 and will provide full and 
complete contribution protection for the Trusts and Trustees.
    Comment Period and Opportunity for Public Meeting: For thirty (30) 
days following the date of publication of this document, July 8, 2004, 
the Agency will receive written comments relating to the proposed AOC 
and will accept a request for a public meeting in the affected area. 
The Agency's response to any comments received will be available for 
public inspection at the Superfund Records Center at the U.S. 
Environmental Protection Agency, Region 8, 999 18th Street, Denver, 
Colorado, 80202. The Agreement is subject to final approval after the 
comment period and after the public meeting, if a public meeting is 
requested. A public meeting will only be held, if one is requested. 
Please send all comments on this document or request for a public 
meeting to Richard Sisk, Legal Enforcement Attorney (8ENF-L), U.S. 
Environmental Protection Agency, 999 18th Street, Suite 300, Denver, CO 
80202-2466.

FOR FURTHER INFORMATION CONTACT: Richard Sisk, Legal Enforcement 
Attorney (ENF-L), Legal Enforcement Program, U.S. Environmental 
Protection Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, (303) 312-6638. Please contact Sharon Abendschan, Enforcement 
Specialist at (303) 312-6957 for requests for copies of the 
Administrative Order on Consent/or repository location(s) where 
supporting documentation may be found and reviewed.

    Dated: May 28, 2004.
Michael T. Risner,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region VIII.
[FR Doc. 04-12929 Filed 6-7-04; 8:45 am]
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