49010 Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Notices

Act, as amended (CERCLA), notice is

hereby given of a proposed settlement

agreement under section 122(g)(4) and

(h)(1) concerning the Denver Radium/

Operable Unit VIII Site in Denver

County, Colorado (the Site). The

proposed Administrative Order on

Consent (AOC) requires a potentially

responsible party (PRP), Burlington

Northern and Santa Fe Railway

Company, to pay a total of $75,000 to

resolve its liability to the U.S. EPA

related to response actions taken or to

be taken at the Site.

DATES: Comments must be submitted on

or before October 20, 1997.

ADDRESSES: Comments should be

addressed to Wendy Silver, (8ENF–L),

Legal Enforcement Program Attorney,

U.S. Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466, and

should refer to: In the Matter of: Denver

Radium/Operable Unit VIII Site

Administrative Settlement Agreement

No. CERCLA VIII–97–70.

FOR FURTHER INFORMATION CONTACT:

Rebecca Thomas (8EPR–SR), U.S.

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado, 80202–2466, (303)

312–6552.

SUPPLEMENTARY INFORMATION: Notice of

section 122(g)(4) and (h)(1)

Administrative Order on Consent

Settlement: in accordance with section

122(g)(4) and (h)(1) of CERCLA, notice

is hereby given that the terms of an

Administrative Order on Consent (AOC)

for a Settlement Agreement have been

agreed to by the settling parties.

By the terms of the proposed AOC,

the settling party will pay $75,000 to the

EPA Hazardous Substance Superfund.

In exchange for payment, U.S. EPA will

provide the settling party a covenant not

to sue for liability under sections 106

and 107(a) of CERCLA.

The Burlington Northern and Santa Fe

Railway Company is the owner of the

railroad right-of-way. The Respondent

represents, and for the purposes of the

settlement agreement, EPA accepts, that

the Respondent’s involvement with the

Site is limited to ownership of the

approximately 4.3 acre railroad right-ofway from 1887 until the present. The

respondent did not conduct or permit

the generation, storage, treatment, or

disposal of any hazardous substance at

Operable Unit VIII, and did not

contribute to the release or threat of

release of a hazardous substance at

Operable Unit VIII through any act or

omission. The amount that the settling

party will pay was determined by

allocating a percentage of response costs

for the Denver Radium/Operable Unit

VIII Site. All clean-up work on the

Burlington Northern and Santa Fe

Railway Company property was

completed by August 1993.

Approximately, 5% of the volume of

Operable Unit VIII contamination and

.8% of sitewide contamination was

found on the property owned by the

Burlington Northern and Santa Fe

Railway Company (formerly Atchison,

Topeka, and Santa Fe Railroad

Company). The Denver Radium

Operable Unit VIII costs were calculated

based on cost documentation and cost

allocation performed by Region VIII’s

Cost Recovery staff.

U.S. EPA will receive, for a period of

thirty (30) days from the date of this

publication, comments relating to the

proposed administrative settlement

agreement.

A copy of the proposed AOC may be

obtained in person or by mail from

Sharon Abendschan, Enforcement

Specialist (ENF–T), Environmental

Protection Agency, Region VIII, 999

18th Street, Suite 500, Denver,

Colorado, 80202–2466, (303) 312–6957.

Additional background information

relating to the administrative settlement

agreement is available for review at the

Superfund Records Center at the above

address.

Dated: September 9, 1997.

Martin Hestmark,

Acting Assistant Regional Administrator,

Office of Enforcement, Compliance and

Environmental Justice.

[FR Doc. 97–24838 Filed 9–17–97; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5893–7]

Clean Water Act Class II: Proposed

Administrative Penalty Assessment

and Opportunity To Comment

Regarding Wallace W. Stone, Lake of

the Ozarks, MO

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment regarding

Wallace W. Stone, Lake of the Ozarks,

Missouri.

SUMMARY: EPA is providing notice of

opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1319(g), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue such orders after

filing a Complaint commencing either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessment pursuant to 33

U.S.C. 1319(g)(4)(A).

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation or Suspension of Permits, 40

CFR part 22. The procedures by which

the public may submit written comment

on a proposed Class II order or

participate in a Class II proceeding, and

the procedures by which a respondent

may request a hearing, are set forth in

the Consolidated Rules. The deadline

for submitting public comment on a

proposed Class II order is thirty (30)

days after issuance of this public notice.

On August 11, 1997, EPA commenced

the following Class II proceeding for the

assessment of penalties by filing with

the Regional Hearing Clerk, U.S.

Environmental Protection Agency,

Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101, (913) 551–

7630, the following Complaint:

In the Matter of Wallace W. Stone,

CWA Docket No. VII–97–W–0024.

The Complaint proposes a penalty of

Forty Thousand Five Hundred Eighteen

($40,518) Dollars for discharging

pollutants into waters of the United

States without a permit as required by

Section 404 of the Clean Water Act.

FOR FURTHER INFORMATION: Persons

wishing to receive a copy of EPA’s

Consolidated Rules, review the

Complaint or other documents filed in

this proceeding, comment upon the

proposed penalty assessment, or

otherwise participate in the proceeding

should contact the Regional Hearing

Clerk identified above.

The administrative record for the

proceeding is located in the EPA

Regional office at the address stated

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by Wallace W. Stone is

available as part of the administrative

record, subject to provisions of law

restricting public disclosure of

confidential information. In order to

provide opportunity for public

comment, EPA will issue no final order

assessing a penalty in this proceeding

prior to thirty (30) days from the date of

this notice.

Dated: September 4, 1997.

William Rice,

Acting Regional Administrator.

[FR Doc. 97–24837 Filed 9–17–97; 8:45 am]

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