[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Page 60521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20825]



[[Page 60521]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7985-5]


Administrative Order on Consent--Denver Radium OU 2

AGENCY: Environmental Protection Agency.

ACTION: Notice of Proposed Settlement Agreement Pursuant to Sections 
104, 106(a), 107 and 122 of CERCLA and request for public comment.

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SUMMARY: Notice is hereby given of a proposed settlement pursuant to 
sections 104, 106(a), 107 and 122 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9604, 
9606(a), 9607 and 9622, as amended (``CERCLA''), and under the 
authority of the Attorney General of the United States to compromise 
and settle claims of the United States concerning the Denver Radium 
Superfund site, Operable Unit 2 (``OU 2''). 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'') and the Atlas Metal & Iron Corp. and Atlas Umatilla, 
LLC (``Settling Respondents,'' (collectively the ``Parties'')).
    This AOC provides for the performance of operation and maintenance 
activities by the Settling Respondents, the recording of an 
environmental covenant by Atlas Umatilla, LLC, and the reimbursement of 
certain response costs incurred by the United States at or in 
connection with OU 2. In exchange, the United States will provide 
covenants to the Settling Respondents under sections 106 and 107 of 
CERCLA, 42 U.S.C. 9606 or 9607, will provide contribution protection 
for the Settling Respondents, and will waive any lien(s) it may have on 
the property located at 1100 Umatilla, Denver, Colorado (``Property'') 
under sections 107(l) and 107(r) of CERCLA, 42 U.S.C. 9607(l) and 
9607(r). EPA has notified the State of Colorado (the ``State'') of this 
action pursuant to section 106(a) of CERCLA, 42 U.S.C. 9606(a).
    The Property was listed on the NPL as part of OU 2, on September 8, 
1983. EPA issued a ROD for OU 2 on September 29, 1987. The ROD called 
for excavation and off-site disposal of the radium-contaminated soils. 
During implementation of the ROD, EPA determined that some radium-
contaminated soils could be left in place pursuant to supplemental 
standards and also discovered the lead contaminated soils. It was 
determined that excavation, treatment, and off-Site disposal were the 
best response actions for the lead contaminated soils. These changes to 
the ROD were documented in an Explanation of Significant Differences 
(ESD) dated September 17, 1993.
    Operation and maintenance activities still need to be performed at 
the Property, including implementation of institutional controls, to 
limit or control disturbances of any contaminated soils left on-Site 
under supplemental standards, to restrict use of ground water, and to 
monitor and maintain acceptable radon levels in buildings on the 
Property.

DATES: Comments should be received by November 17, 2005. The Agency 
will consider all comments received on the proposed AOC 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.

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, Colorado. Comments and requests for a copy of the 
proposed settlement should be addressed to Sharon Abendschan, 
Enforcement Specialist (8ENF-RC), U.S. Environmental Protection Agency, 
999 18th Street, Suite 300, Denver, Colorado 80202-2466, and should 
reference the Denver Radium-OU 2 proposed AOC.

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.
    It is so agreed.

    Dated: October 12, 2005.
Eddie A. Sierra,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region VIII.
[FR Doc. 05-20825 Filed 10-17-05; 8:45 am]
BILLING CODE 6560-50-P