[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Page 63337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31281]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5929-1]


Deminimis Settlement Under Section 122(g) of the Comprehensive 
Environmental Response, Compensation and Liability Act; In the Matter 
of Powell Road Landfill Site, Huber Heights, Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Deminimis settlement.

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SUMMARY: EPA is proposing to settle claims with certain deminimis 
potentially responsible parties (PRPs) regarding past and estimated 
future response costs at the Powell Road Landfill Site in Huber 
Heights, Ohio. EPA is authorized under section 122(i)(1) of the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1908, as amended (CERCLA), to enter into this settlement. The U.S. 
Department of Justice has approved this settlement, consistent with 
section 122(g)(4) of CERCLA. Total response costs for the Site are 
approximately $26,925,537: $4,735,237 in past costs incurred by certain 
PRPs in connection with the Remedial Design for the Site and EPA 
oversight through December 31, 1996; and $22,940,300 in estimated 
future costs, including future oversight. The estimated future costs 
figure was reduced by $750,000 to account for certain PRP generators 
who are insolvent or defunct. The settling PRPs will pay approximately 
$918,582 for response costs related to the Powell Road Site. EPA is 
proposing to approve this deminimis settlement because the monies 
recovered will deposited into the Powell Road Landfill Special Account 
within the EPA Hazardous Substances Superfund and shall be used to 
finance the response action that will be implemented and conducted by 
the major PRPs under a Remedial Action Consent Decree for the Site.
    On May 13, 1997, EPA sent the deminimis settlement offer and 
Administrative Order on Consent (Consent Order) to 182 deminimis PRPs 
(170 commercial/industrial generators and 12 transporters). The Consent 
Order gives substantial releases from liability under CERCLA, including 
the United States' covenant not to sue for past and future liability, 
and contribution protection from suit by other PRPs at the Site. The 
Consent Order provides for settlement with generator PRPs who are, 
individually, responsible for less than .96% of the total volume of 
allocable hazardous waste sent to the Site; and transporter PRPs who 
are, individually, responsible for less than 1.34% of the total volume 
of allocable hazardous waste sent to the Site. 71 of the 182 deminimis 
PRPs executed binding certifications of their consent to participate in 
the deminimis settlement.
    Settling deminimis PRPs will be required to pay their fair share of 
the past and estimated future response costs at the Site, including a 
75% premium assessed against the estimated future response costs to 
account for potential cost overruns, the potential for failure of the 
selected response action to clean up the Site, and other risks. The 
settlement payment amount for each deminimis PRP is based upon each 
deminimis PRP's ``adjusted weighted share'' of waste that it 
contributed to the Site, expressed as a percentage of the total volume 
of allocable waste contributed to the Site by all PRPs. In order to 
promote a fair allocation of responsibility between the different types 
of PRPs, EPA developed an adjusted weighted share percentage for each 
PRP. This figure is based upon each PRP's actual volumetric 
contribution of waste to the Site, adjusted to account for the evidence 
linking the PRP to the Site and the nature of waste contributed by the 
PRP, and the PRP's usage of the Powell Road Site from 1959 to 1973, the 
period during which no documentation exists regarding the volume of 
waste contributed to the Site. The settlement payment amount for each 
deminimis generator was calculated by multiplying each deminimis 
generator's adjusted weighted share percentage by the portion of total 
site costs, including premium, allocated to the deminimis generator 
class (37.5% of total site costs or $16,338,098). The settlement 
payment amount for each deminimis transporter was calculated by 
multiplying each deminimis transporter's adjusted weighted share 
percentage by the portion of total site costs, including premium, 
allocated to the deminimis transporter class (10% of total site costs 
or $4,356,826).

DATES: Comments on this deminimis settlement must be received on or 
before December 29, 1997.

ADDRESSES: Written comments relating to this deminimis settlement, 
Docket No. V-W-97-C-401, should be sent to Constandina A. Kallos, 
Associate Regional Counsel, U.S. Environmental Protection Agency, 
Region 5, Mail Code: C-29A, 77 West Jackson Boulevard, Chicago, 
Illinois 60604-3590.

FOR FURTHER INFORMATION CONTACT: Copies of the Administrative Order on 
Consent and the Administrative Record for this Site are available at 
the following address for review. It is strongly recommended that you 
telephone Mike Bellot at (312) 353-6425 before visiting the Region 5 
Office.

U.S. Environmental Protection Agency, Region 5, Superfund Division, 77 
West Jackson Boulevard, Chicago, Illinois 60604-3590.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 
et seq.
William E. Muno,
Director, Superfund Division, Region 5.
[FR Doc. 97-31281 Filed 11-26-97; 8:45 am]
BILLING CODE 6560-50-P