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Proposed CERCLA Administrative Settlement-Rocky Flats Industrial Park Site, Jefferson County, Colorado

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Start Preamble


Environmental Protection Agency (EPA).


Notice and request for public comment.


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 settlement under sections 122(g) of CERCLA, 42 U.S.C. 9622(g), concerning the Rocky Flats Industrial Park site located in the 17,000 block of Colorado Highway 72, approximately two miles east of the intersection of Colorado Highways 93 and 72, in Section 23, T2N, in Jefferson County, Colorado. This settlement, embodied in a CERCLA section 122(g) Administrative Order on Consent (“AOC”), is designed to resolve each settling parties’ liability at the Site for past work, past response costs and specified future work and response costs through covenants under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. The proposed AOC requires the settling parties listed in the Supplementary Information section below to pay an aggregate total of $668,695.88.

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 either or both of the settlements if comments received disclose facts or considerations which indicate that either settlement is inappropriate, improper, or inadequate. The Agency's Start Printed Page 29946response to any comments received will be available for public inspection at the EPA Superfund Record Center, 999 18th Street, 5th Floor, in Denver, Colorado.


Comments must be submitted on or before July 5, 2001.


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 (8ENF-T), Technical Enforcement Program, U.S. Environmental Protection Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, and should reference the Rocky Flats Industrial Park Site, Jefferson County, Colorado and the EPA docket number CERCLA-8-2001-06.

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Carol Pokorny, Enforcement Specialist (8ENF-T), Technical Enforcement Program, U.S. Environmental Protection Agency, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, (303) 312-6970.

End Further Info End Preamble Start Supplemental Information


Proposed AOC for 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 AOC have been agreed to by the following settling parties, for the following amounts (where the name of one party is followed by one or more names grouped under it, the main name listed is the name that appears on the AOC signature page or is the name of the party that is assuming liability under the AOC):

Administrative order on consent de Minimis settlement

[EPA Docket No. CERCLA-8-2001-06]

Settlement amount
Settling Respondents (private parties)
Adcon Sign/Advertising Agency4,878.85
Advanced Design Auto Body826.91
AG Wassenaar, Inc441.02
Alpine Auto Body727.70
Anema's Auto Body9,387.22
Antique Shop/Place, The1,267.95
Aurora Public Schools3,087.18
Aurora Risk Management, City of551.28
Auto Body & Paint Center, Inc4,520.51
Autoliv, Denver Operations f/k/a OEA, Inc4,300.01
AutoNation, Inc826.91
Emich Olds Auto Body
Avedon Engineering7,442.31
AVX Corporation, a Kyocera Group Company8,820.52
Bear Creek Auto Body1,929.49
Best Manufacturing Co. dba Best Sign Systems871.03
Bill Crouch Motor Co1,653.85
Bob's Auto Body and Paint4,327.57
Bottling Group, LLC606.42
Pepsi Cola Metropolitan Bottling Company, Inc.
Pepsi Cola Bottling Company of Denver
Pepsi Cola Bottling Co. of Colorado
Boulder Auto Body3,500.64
Broomfield Auto Body826.91
Broomfield Industrial Painting, Inc13,203.21
Brunson Instrument Company1,019.87
Burt Chevrolet/LGC Management, Inc7,056.41
Burt Subaru/LGC Management, Inc5,237.18
Carlin Dodge3,721.15
Carriage Shoppe, Inc. (rank #102)4,630.77
Carriage Shoppe, Inc. (rank #255)799.35
Cherry Creek Dodge3,776.27
Clyde's Auto Body1,212.81
Colorado Anodizing n/k/a Lincoln Plating Co6,702.19
Colorado Chrysler Plymouth5,071.80
Colorado Coach Co6,036.54
Colorado State Highway Department4,713.47
Continental Volkswagen, Inc909.61
Continental Body Shop
Copper Mountain Inc882.05
Cratos Holdings, LLC2,756.40
W.S. Tyler, Incorporated
R.J. Dick, Inc.
Hewitt-Robins Corp.
Dave's T&D Auto Body, Inc1,102.57
Davidson Chevrolet7,293.46
Dellenbach Chevrolet3,417.96
Denver Metal Finishing7,910.90
Denver Police Garage, The551.28
Diamond Auto Body2,811.54
Diematics Inc1,212.81
Don Massey Cadillac7,083.97
Dow Chemical Company, The9,976.87
Easter-Owens Manufacturers11,053.20
Electro Painter1,736.55
EMCO (Engineering Measurements Company)1,929.49
Engineering Measurements
Emerson Electric Co23,126.28
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Western Forge Corporation
Exabyte Corporation606.42
Fender Menders—Fort Collins5,512.82
Fischer Imaging Corporation6,863.47
Forenco, Inc18,743.59
Federal Envelope
Friendly Ford, Inc./Chesrown Automotive Group2,480.76
Front Range Plating16,637.70
Galaxie Auto Body7,993.58
Gates Corp., The38,782.68
Gates Energy Products, Inc.
General Cable Co6,560.25
George McCaddon Cadillac2,287.82
Gittelman Properties1,460.89
Gold Star Auto Body3,059.62
Goldberg Brothers3,368.33
Goodman Buick/GMC5,457.70
Great Lakes Chemical Corporation
West Lafayette Corporation f/k/a E/M Lubricants27,729.48
Greenwood Village, City of2,844.61
Hauser Chemical Research1,212.81
Hazen-Quinn Process Equipment Co/Hazen Research551.28
Hollister Motor Co9,096.16
Hussmann Corporation551.28
James Drilling Company1,653.85
Jerry Roth Chevrolet, Inc3,373.84
Jim Blum Oldsmobile/GMC1,957.05
Karle Coachwork, Inc826.91
Karosserie Fabric Auto Body3,583.33
Kelly-Moore Paint Co. of Colorado3,032.06
L and H Garage1,929.49
La Nouvelle Fine Cleaners995.07
B&K Cleaners
La Nouvelle Fine Cleaners
Laber's Tin Lizzie1,653.85
Lectra Products Co6,240.52
Len Lyall Chevrolet, Inc5,016.66
Linotype Company633.98
Littleton Auto Body1,901.93
Longmont, City of12,624.35
Luby Chevrolet Company2,960.38
Mahnke Auto Body, Inc2,591.02
Majestic Metals Company, Inc5,678.20
Marco Shipyard1,212.81
Mattocks Brothers Autobody, Inc3,142.30
MAXCOR Manufacturing, Inc./Qualtek, Inc1,378.21
May D & F441.02
Metron Inc633.98
Microsemi Corp. of Colorado24,421.79
Microsemi Corp./Coors Components, Inc.
Microsemi Corp. of Colorado
Midwest Auto Body, Inc578.86
Mike Naughton Ford, Inc6,190.89
Mountain States Volkswagen1,460.89
National Wire & Stamping606.42
NER Data Products, Inc., a Hagro Company551.28
New Coleman Holdings, Inc3,748.71
Coleman Cutlery Co.
Western Cutlery Co.
Pease Industries, Inc27,894.86
Pepsi Cola Bottling Co. of Colorado606.42
Pike Tool & Grinding7,166.67
Pioneer Painting/Pioneer Industries, Inc606.42
Prestige Porsche/Audi7,056.41
ProCoat Systems, Inc523.72
Products for Industry, Inc2,094.87
Purifoy Chevrolet Co1,670.38
Quality Metal Products, Inc3,886.53
Ramsey Auto Body, Inc2,265.78
Raytheon Aircraft Company4,096.03
Beech Aircraft Corporation
Red Noland Cadillac7,056.41
Regional Transportation District10,132.56
Reynolds Olds-Cadillac, Subaru, Inc882.05
Rocky Mountain Paint & Body, Inc4,685.91
Rosemont Pharmaceutical Corporation4,796.15
Pharmaceutical Basics, Inc. (PBI)
Sachs Lawlor1,019.87
Sam's Automotive Reconditioning Centers6,174.36
Scott's Liquid Gold, Inc551.28
Serpentix Conveyor Corporation1,653.85
Sherwin-Williams Company, The6,064.10
Sill-TerHar Ford7,276.93
Stanley Aviation Corporation7,635.27
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Super Vacuum Manufacturing Company, Inc8,214.10
Suss Pontiac GMC8,103.84
TDY Industries, Inc1,571.15
Teledyne Densco
T.H. Pickens Technical Center5,512.82
Team Chevrolet8,820.52
Terracon, Inc441.02
Empire Labs
Tom's Body Shop, Inc2,497.30
Turner Chevrolet551.28
Weber Auto Body1,929.49
Wells Fargo Bank, N.A. f/k/a First Interstate3,440.00
Bank of Denver, N.A., as Trustee of the Robert A. Mitchem Testamentary Trust; and Wells Fargo Bank, N.A. f/k/a First Interstate Bank of Denver, N.A.
Robert A. Mitchem Testamentary Trust
Williams Chevrolet6,692.56
Total Amount for Settling Respondents$640,379.10
Settling Federal Parties
U.S. Army—Fitzsimmons Medical Center$ 8,881.15
U.S. EPA13,528.45
U.S. Federal Highway Administration5,882.18
U.S. Government Printing Office25.00
Total Amount for Settling Federal Parties$28,316.78

By the terms of the proposed AOC for de minimis settlement, the settling parties will pay a combined total of $668,695.88 to the Hazardous Substance Superfund. This payment represents approximately 9.9% of the $6,748,001.01 in past and estimated future response costs ($3,028,001.01 in past response costs incurred through September 30, 2000, plus $3,720,000.00 for the estimated future work at the site). The money will be deposited into a special account which can be used to pay for future work at the Site. The settling parties manifested 121,978.059 gallons of hazardous substances to the Site. This amount represents approximately 7.81% of the 1,561,451.371 gallons of hazardous substances manifested to the Site by all generators, both de minimis and non-de minimis.

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 adding their Base Amount to a Premium Amount. The cost per gallon of $4.32 was derived by dividing the estimated clean-up cost at the time of calculation of $6,748,001.01 by the 1,561,451.371 total gallons of hazardous substances manifested to the Site. The settling party's Base Amount was calculated by multiplying the cost per gallon by the number of gallons that party manifested to the Site. A fifty per cent (50%) premium on the estimated future response costs of $3,720,000 was calculated into each settling parties' payment.

To be eligible for the de minimis settlement, each PRP must have submitted a response to EPA's Request for Information, and must have contributed no more than 1% of the total volume of hazardous substances manifested to the Site.

It is so Agreed:

Start Signature

Dated: May 17, 2001.

Carol Rushin,

Assistant Regional Administrator, Office of Enforcement, Compliance, and Environmental Justice, Region VIII.

End Signature End Supplemental Information

[FR Doc. 01-13948 Filed 6-1-01; 8:45 am]