Proposed CERCLA Administrative Settlement Agreement and Order on Consent for Remedial Investigation Addendum/Focused Feasibility Study

• Published date: 28 March 2024
• Record Number: 2024-06643
• Citation: 89 FR 21519
• Court: Environmental Protection Agency
• Section: Notices

Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)

[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
                [Notices]
                [Page 21519]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-06643]
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                ENVIRONMENTAL PROTECTION AGENCY
                [EPA-R08-SFUND-2024-0009; FRL-11812-01-R8]
                Proposed CERCLA Administrative Settlement Agreement and Order on
                Consent for Remedial Investigation Addendum/Focused Feasibility Study
                AGENCY: Environmental Protection Agency (EPA).
                ACTION: Notice of proposed settlement; request for public comment.
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                SUMMARY: In accordance with the requirements of the Comprehensive
                Environmental Response, Compensation, and Liability Act of 1980, as
                amended (``CERLCA''), notice is hereby given that a Proposed
                Administrative Settlement Agreement and Order on Consent for Remedial
                Investigation Addendum/Focused Feasibility Study (``Proposed
                Agreement'') associated with the Smeltertown Site near Salida, Chaffee
                County, Colorado (``Site'') was executed by the U.S. Environmental
                Protection Agency (``EPA''), Region 8 and is now subject to public
                comment, after which EPA may modify or withdraw its consent if comments
                received disclose facts or considerations that indicate that the
                Proposed Agreement is inappropriate, improper, or inadequate.
                DATES: Comments must be submitted on or before April 29, 2024.
                ADDRESSES: The Proposed Agreement and additional background information
                relating to the agreement will be available upon request. Any comments
                or requests or for a copy of the Proposed Agreement should be addressed
                to Julie Nicholson, Enforcement Specialist, Superfund and Emergency
                Management Division, Environmental Protection Agency-Region 8, Mail
                Code 8SEM-PAC, 1595 Wynkoop Street, Denver, Colorado 80202, telephone
                number: (401) 714-6143, email address: [email protected] and
                should reference the Smeltertown Site.
                 You may also send comments, identified by Docket ID No. EPA-R08-
                SFUND-2024-0009 to 40. Follow the online instructions for submitting
                comments.
                FOR FURTHER INFORMATION CONTACT: Kayleen Castelli, Senior Assistant
                Regional Counsel, Office of Regional Counsel, Environmental Protection
                Agency, Region 8, Mail Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado
                80202, telephone number:(303) 312-6174, email address:
                [email protected].
                SUPPLEMENTARY INFORMATION: The Proposed Agreement would resolve
                potential EPA claims under section 107(a) of CERCLA, against Butala
                Construction Co. (``Settling Party'')for the performance of a remedial
                investigation addendum and focused feasibility study (RIA/FFS) for
                Operable Unit 2 (OU2) and a portion of the Vista Del Rio Subdivision
                (the ``Property''), which is associated with the Smeltertown Site. The
                RIA/FFS will evaluate the possible impacts and potential remedies for
                the actual and/or threaten ``release'' of any hazardous substance
                resulting from Settling Party's activities and will analyze the remedy
                selected in the OU2 Record of Decision issued by the EPA in 1998 as it
                relates to those activities. This Settlement separately contemplates
                the soil and groundwater sampling programs for the Vista Del Rio
                subdivision by the Settling Party. The Vista Del Rio Subdivision is the
                subdivision of the 18-acres along the western edge of the Site. The
                Proposed Settlement also provides for the payment of certain response
                costs incurred by the United States at or in connection with the Site
                and the Vista Del Rio Subdivision and provides a covenant not to sue or
                to take administrative action from the United States to the Settling
                Party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and
                9607(a) with regard to the Property.
                 For thirty (30) days following the date of publication of this
                document, EPA will receive electronic comments relating to the Proposed
                Agreement. EPA's response to any comments received will be available
                for public inspection by request. Please see the ADDRESSES section of
                this document for instructions.
                Ben Bienlenberg,
                Acting Division Director, Superfund and Emergency Management Division,
                Region 8.
                [FR Doc. 2024-06643 Filed 3-27-24; 8:45 am]
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