[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Notices]
[Pages 36686-36687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17964]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6121-3]


Proposed CERCLA Administrative De Minimis Contributor Settlement 
With Mesa Oil, Inc.--Rocky Flats Industrial Park Site in Jefferson 
County, Colorado

AGENCY: Environmental Protection Agency (EPA).

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

[[Page 36687]]

settlement under section 122(g) of CERCLA, 42 U.S.C. 622(g) with Mesa 
Oil, Inc. (``MESA''), concerning the Rocky Flats Industrial Park site 
located in the 17000 block of Colorado Highway 72, approximately 2 
miles east of the intersection of Colorado Highways 93 and 72, in 
Jefferson County, Colorado (the ``Site''). The settlement, embodied in 
a proposed Administrative Order on Consent (``AOC''), is designed to 
resolve Mesa'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, subject to certain reopening provisions. The proposed 
AOC requires Mesa to pay a total of $2,000.00 in cash together with the 
approximately $50,000.00 of in-kind work contributed by Mesa to site 
investigation and remediation efforts at the Site, to address its 
liability to the United States related to past and future response 
actions 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, CO. 
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 August 6, 1998.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at the EPA Superfund Records Center, 999 18th Street, 5th 
Floor, in Denver, CO. 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, CO 80202-2466, and should 
reference the Rocky Flats Industrial Park Site, Jefferson County, CO 
and EPA Docket No. CERCLA-VIII-98-13.

FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist 
(8ENF-T), Technical Enforcement Program, U.S. Environmental Protection 
Agency, 999 18th Street, Suite 500, Denver, CO 80202-2466, (303) 312-
6970.

SUPPLEMENTARY INFORMATION: Notice of proposed administrative de minimis 
contributor 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), notification is hereby given that the terms of the AOC have 
been agreed to by Mesa. By the terms of the proposed AOC, Mesa will pay 
$2,000.00 cash to the Hazardous Substance Superfund for its release of 
75 gallons of used oil containing hazardous substances. In addition to 
its cash payment, Mesa has contributed in-kind services valued at 
approximately $50,000.00 to the characterization and remediation of the 
Site. The in-kind services represent work Mesa has conducted in 
anticipation of this settlement and were not otherwise required by law. 
The total dollar amount which Mesa will pay to the Agency represents 
approximately 0.01538% of the estimated total cost of remediation. 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 to be approximately $13,000,000.00.
    In exchange for payment and Mesa's remediation and investigatory 
work at the Site, EPA will provide Mesa 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 Mesa's liability at the Site. The settlement also provides Mesa 
with contribution protection. Under the terms of the AOC, the United 
States reserves the right to institute judicial or administrative 
proceedings against Mesa seeking to compel Mesa to perform response 
actions relating to the Site, and/or to reimburse the United States for 
additional costs of response, if information not contained in EPA's 
administrative site file as of the effective date of the AOC is 
discovered which indicates that Mesa contributed hazardous substances 
to the Site in an amount greater than 6,690 gallons or hazardous 
substances which are significantly more toxic or are of significantly 
greater hazardous effect than other hazardous substances at the Site.

    Dated: June 16, 1998.
Carol Rushin,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, Region VIII.
[FR Doc. 98-17964 Filed 7-6-98; 8:45 am]
BILLING CODE 6560-50-M