Proposed CERCLA Administrative De Minimis SettlementChemical Handling Corporation Site, Jefferson County, Colorado

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5921-2]

Proposed CERCLA Administrative De Minimis Settlement--Chemical

Handling Corporation Site, Jefferson County, Colorado

AGENCY: Environmental Protection Agency.

ACTION: Notice and Request for Public Comment.

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SUMMARY: In accordance with the requirements of Section 122(i) of the

Comprehensive Environmental Response, Compensation, and Liability Act,

as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a

proposed administrative de minimis settlement under section 122(g) of

CERCLA, 42 U.S.C. 9622(g), concerning the Chemical Handling Corporation

site located at 11811 Upham Street, near the City of Broomfield, in

unincorporated Jefferson County, Colorado (``Site''), with the settling

parties listed in the Supplementary Information portion of this notice.

The settlement, embodied in a proposed Administrative Order on Consent

(``AOC''), is designed to resolve fully each settling party's liability

at the Site through a covenant not to sue under sections 106 and 107 of

CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The proposed

AOC requires the Potentially Responsible Parties (``PRPs'') listed in

the Supplementary Information section below to pay an aggregate total

of $131,646.24 to address their liability to the United States related

to response actions taken at the Site.

OPPORTUNITY FOR COMMENT: For thirty (30) days following the date of

publication of this notice, the Agency will consider all comments

received and may modify or withdraw its consent to the settlement if

comments received disclose facts or considerations which indicate that

the settlement is inappropriate, improper, or inadequate. The Agency's

response to any comments received will be available for public

inspection at the EPA Superfund Record Center, 999 18th Street, 5th

Floor, in Denver, Colorado. Commenters may request an opportunity for a

public meeting in the affected area in accordance with Section 7003(d)

of RCRA, 42 U.S.C. 6973(d).

DATES: Comments must be submitted on or before December 15, 1997.

ADDRESSES: The proposed settlement and additional background

information relating to the settlement are available for public

inspection at the EPA Superfund Record Center, 999 18th Street, 5th

Floor, in Denver, Colorado. Comments and requests for a copy of the

proposed settlement should be addressed to Carol Pokorny, Enforcement

Specialist (8ENF-T), Technical Enforcement Program, U.S. Environmental

Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-

2466, and should reference the Chemical Handling Corporation Site,

Jefferson County, Colorado and EPA Docket No. CERCLA VIII-97-05.

FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist

(8ENF-T), Technical Enforcement Program, U.S. Environmental Protection

Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, (303)

312-6970.

SUPPLEMENTARY INFORMATION: Notice of proposed administrative de minimis

settlement under section 122(g) of CERCLA, 42 U.S.C. 9622(g): In

accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), notice is

hereby given that the terms of the Administrative Order on Consent

(``AOC'') have been agreed to by the following settling parties, for

the following amounts (where the name of a party is followed by a ``/

,'' that indicates that the name following the

``/'' is the name of the party as it appears on the AOC signature

page):

AOC Cercla, VIII-97-05

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Settlement

Name of party amount

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ADK Pressure Equipment Corp/Joslyn Company, LLC......... $2,129.10

Advantage Advertising................................... 263.72

Antique Refinisher, Inc................................. 263.72

B.F. Pirelli's/Brad Fukui............................... 263.72

Boyd Distributing/Boyd Investment Co.................... 131.86

Cascade Collision/Cascade Collision, Inc................ 131.86

Chemcraft Sadolin International/Robert Schwartz......... 5,221.61

Coat Rite/Coats and Colors, Inc......................... 145.04

Don's Auto Body......................................... 580.66

E/M Corporation/West Lafayette Corporation.............. 8,148.88

E.T.I. Tank Cleaners/Southern Tank Cleaning, Inc........ 725.22

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Easter-Owens Electric Co................................ 4,180.77

Econo Auto Painting (Little Rock)....................... 2,535.56

Econo Auto Painting (Little Rock)

Econo Auto Painting (Sherwood)

Ed Black's Chevrolet Center/Casa Chevrolet.............. 1,305.40

Front Range Dodge/Front Range Auto, Inc................. 395.58

Golden Geophysical/Fairfield Industries Incorporated.... 967.77

GTE Maintenance Department/GTE Southwest, Inc........... 19,581.04

Hallmark Cabinets....................................... 638.73

Harpers/FHL Group....................................... 4,206.30

Hoffmantown Body Shop................................... 851.64

J.M. Martinac Shipbuilding/J.M. Martinac Shipbuilding

Corporation............................................ 12,348.76

Kevin's Body Shop/Kevin's Auto Body and Paint........... 851.64

King Fiber Glass Corp., Fiber Resin Supply Div./CMI/

Composite Materials Inc................................ 10,026.11

Kresco Industrial Coatings/RFI Industries Inc........... 263.72

Lazer Products/Paper Manufacturers Company.............. 263.72

Martin Marrietta ISG/Lockheed Martin.................... 145.04

Metaltech Industries, Inc............................... 1,374.24

New Mexico State Land Office............................ 92.30

Odyssey Transportation/Odyssey Transportation Inc., of

Nevada................................................. 741.71

Pacific Enterprises Oil Co.............................. 870.27

Partridge Industrial Coatings........................... 5,535.65

Peachwood HOA, Inc./Peachwood Homeowners Association.... 448.32

Pollard Friendly Motor Co............................... 580.66

Precision Body Shop Volkswagen/Suzuki/Precision Sales

and Service Inc./RDS Inc............................... 1,793.28

Precision Prefinish Inc./Precision Prefinishing, Inc.... 3,336.03

Rovalve, Technaflow/Technaflow, Inc..................... 5,366.66

Smith.Wolf Construction................................. 5,037.01

Sorrells Body Shop, Inc................................. 212.91

Spradley Lincoln Mercury................................ 395.58

Starr Corp./Starr Corp. International................... 387.11

Starwood Air Service/Aspen Base Operation, Inc.......... 263.72

Teledyne Getz (Denseo)/Teledyne Water Pik, division of

Teledyne Industries, Inc............................... 9,871.27

Teledyne Pines (H & H Tool)/Edward W. Slavin, Jr........ 425.82

Television Technology, Inc./Larcan--TTC................. 4,471.10

Town & Country Auto Center/Emanuel Bugelli.............. 395.58

Twin City Optical/Twin City Optical Co., Inc............ 395.58

United Express--Air Wisconsin/Air Wisconsin Airlines

Corporation............................................ 4,645.30

Verticel Honeycomb/Hexacomb Corporation................. 2,109.74

Western Slope Refining.................................. 6,329.23

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Total............................................... 131,646.24

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By the terms of the proposed AOC, the setting parties will pay a

combined $131,646.24 to the Hazardous Substance Superfund. This payment

represents approximately 4.6% of the $2,859,862.00 in response costs

that EPA has incurred through March 31, 1997. EPA estimates that the

total response costs incurred and to be incurred at or in connection

with the Site by the United States and by private parties is between

$2,926,862.00 and $3,000,000.00. To date, approximately $1,000,000.00

of these response costs have been recovered, primarily through earlier

de minimis settlements. The setting parties under this AOC arranged for

the disposal of 42,351.25 gallons of hazardous substances to the Site.

This amount represents approximately 3.55% of the 1,193,613.15 gallons

of hazardous substances manifested to the Site by all generators, both

de minimis and non-de minimis.

In exchange for payment, EPA will provide the settling parties with

a covenant not to sue under sections 106 and 107(a) of CERCLA, 42

U.S.C. 9606 and 9607(a), and under section 7003 of the Solid Waste

Disposal Act, as amended (also known as the Resource Conservation and

Recovery Act), which will resolve fully each settling party's liability

at the Site.

The amount that each individual PRP will pay, as shown above, was

based upon the number of gallons of hazardous substances manifested to

the Site. The total amount of settlement dollars owed by each party to

the settlement was arrived at by multiplying the cost per gallon by the

number of gallons a party manifested to the Site (``Base Amount'') and

then adding to this amount a premium payment equal to 9% or 60% (see

discussion below) of the Base Amount. The cost per gallon of

$2.1494287739 was derived by dividing the estimated total response

costs at the time of calculation of $2,887,862.00 by the 1,193,613.15

total gallons of hazardous substances manifested to the Site.

To be eligible for the de minimis settlement, each PRP must have

contributed no more than .7% of the total volume of hazardous

substances manifested to the Site. PRPs that were identified or located

subsequent to EPA's first de minimis settlement offer in March 1996

were allowed to participate in the current proposed settlement at the

9% premium level. PRPs that had been offered the opportunity to

participate in EPA's first de minimis settlement offer in March 1996,

but chose not to do so, have been allowed to participate in the current

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proposed de minimis settlement at a 60% premium level.

It is so agreed:

Dated: November 5, 1997.

Carol Rushin,

Assistant Regional Administrator, Office of Enforcement, Compliance and

Environmental Justice, U.S. Environmental Protection Agency, Region

VIII.

[FR Doc. 97-30031 Filed 11-13-97; 8:45 am]

BILLING CODE 6560-50-M