Notice2022-09359
Proposed CERCLA Administrative Prospective Purchaser Agreement and Proposed CERCLA Administrative Settlement Agreement [EPA Agreement Nos. V-W-22-C-004 and V-W-22-C-003]; Proposed Explanation of Significant Differences; U.S. Smelter and Lead Refinery, Inc. Site, East Chicago, Indiana
Primary source
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Published
May 4, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the terms of the proposed settlement agreements, the Environmental Protection Agency (EPA), Region 5, hereby gives notice of two proposed administrative settlements concerning the U.S. Smelter and Lead Refinery, Inc., Site in East Chicago, Indiana (the "Site"): (1) A proposed administrative Prospective Purchaser Agreement (the "PPA"); and (2) a proposed Administrative Settlement Agreement and Order on Consent (the "ASAOC"). The EPA proposes to enter into the PPA with Industrial Development Advantage of East Chicago, LLC as purchaser ("Purchaser"). The PPA requires Purchaser to perform remedial action on a portion of the Site. The EPA proposes to enter into the ASAOC with Atlantic Richfield Company, The Chemours Company FC, LLC, E.I. du Pont de Nemours and Company, U.S. Smelter and Lead Refinery, Inc., and United States Metals Refining Company as respondents ("Respondents") and with Arava Natural Resources Company, Inc., Mining Remedial Recovery Company, and Mueller Industries, Inc., as additional covered parties ("Additional Covered Parties"). The ASAOC requires the Respondents to pay $18,000,000 in past response costs and provide financial assurance for the remedial action to be performed by Purchaser under the PPA. The State of Indiana joins the EPA as a party to both agreements. The EPA is also providing notice of a proposed Explanation of Significant Differences (ESD) for the portion of the Site that is the subject of the PPA. The EPA plans to finalize the proposed ESD after the two factual prerequisites for the selected contingent remedy provided in the Record of Decision Amendment dated March 24, 2020 have been met. For thirty (30) days following the date of publication of this notice, the EPA will receive written comments on the settlements and the proposed ESD. The EPA will consider all comments received and may modify or withdraw its consent to the settlements if comments received disclose facts or considerations that indicate that the proposed settlements and the proposed ESD are inappropriate, improper, or inadequate. The EPA's response to any comments received will be available for public inspection at https:// www.epa.gov/uss-lead-superfund-site.
Full Text
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<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
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[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26353-26354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09359]
[[Page 26353]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R05-SFUND-2022-0261; FRL-9619-01-R5]
Proposed CERCLA Administrative Prospective Purchaser Agreement
and Proposed CERCLA Administrative Settlement Agreement [EPA Agreement
Nos. V-W-22-C-004 and V-W-22-C-003]; Proposed Explanation of
Significant Differences; U.S. Smelter and Lead Refinery, Inc. Site,
East Chicago, Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlements; notice of explanation of
significant differences; request for comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and the terms of the proposed
settlement agreements, the Environmental Protection Agency (EPA),
Region 5, hereby gives notice of two proposed administrative
settlements concerning the U.S. Smelter and Lead Refinery, Inc., Site
in East Chicago, Indiana (the ``Site''): (1) A proposed administrative
Prospective Purchaser Agreement (the ``PPA''); and (2) a proposed
Administrative Settlement Agreement and Order on Consent (the
``ASAOC''). The EPA proposes to enter into the PPA with Industrial
Development Advantage of East Chicago, LLC as purchaser
(``Purchaser''). The PPA requires Purchaser to perform remedial action
on a portion of the Site. The EPA proposes to enter into the ASAOC with
Atlantic Richfield Company, The Chemours Company FC, LLC, E.I. du Pont
de Nemours and Company, U.S. Smelter and Lead Refinery, Inc., and
United States Metals Refining Company as respondents (``Respondents'')
and with Arava Natural Resources Company, Inc., Mining Remedial
Recovery Company, and Mueller Industries, Inc., as additional covered
parties (``Additional Covered Parties''). The ASAOC requires the
Respondents to pay $18,000,000 in past response costs and provide
financial assurance for the remedial action to be performed by
Purchaser under the PPA. The State of Indiana joins the EPA as a party
to both agreements. The EPA is also providing notice of a proposed
Explanation of Significant Differences (ESD) for the portion of the
Site that is the subject of the PPA. The EPA plans to finalize the
proposed ESD after the two factual prerequisites for the selected
contingent remedy provided in the Record of Decision Amendment dated
March 24, 2020 have been met. For thirty (30) days following the date
of publication of this notice, the EPA will receive written comments on
the settlements and the proposed ESD. The EPA will consider all
comments received and may modify or withdraw its consent to the
settlements if comments received disclose facts or considerations that
indicate that the proposed settlements and the proposed ESD are
inappropriate, improper, or inadequate. The EPA's response to any
comments received will be available for public inspection at <a href="https://www.epa.gov/uss-lead-superfund-site">https://www.epa.gov/uss-lead-superfund-site</a>.
DATES: Comments must be received on or before June 3, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R05-
SFUND-2022-0261, by either of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, ATTN: Charles
Rodriguez, External Communications Office (RE-19J), 77 W Jackson Blvd.,
Chicago, Illinois 60604.
Instructions: All submissions received must include the Docket ID
No. for this notice. Comments received may be posted without change to
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Steven P. Kaiser, Office of Regional
Counsel, Environmental Protection Agency, telephone number: (312) 353-
3804; email address: <a href="/cdn-cgi/l/email-protection#177c767e647265396463726172795772677639707861"><span class="__cf_email__" data-cfemail="c5aea4acb6a0b7ebb6b1a0b3a0ab85a0b5a4eba2aab3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Where can I view the proposed settlement agreements and ESD?
The proposed settlement agreements and proposed ESD are available
electronically as part of Docket ID No. EPA-R05-SFUND-2022-0261, at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, under ``Supporting and Related Material.''
The proposed settlement agreements and proposed ESD can also be viewed
at <a href="https://www.epa.gov/uss-lead-superfund-site">https://www.epa.gov/uss-lead-superfund-site</a>. The proposed settlement
agreements, proposed ESD, and related Site documents can be viewed in
hardcopy at the East Chicago Public Library, 2401 E Columbus Drive,
East Chicago, IN 46312, (219) 397-2453; and the Robert A. Pastrick
Library, 1008 W Chicago Ave., East Chicago, IN 46312, (219) 397-5505.
B. What should I know before I submit comments?
By this notice, the EPA is requesting comment on (1) the terms of
the proposed PPA; (2) the terms of the proposed ASAOC; and (3) the
proposed ESD. The EPA has previously accepted public comments on the
proposed plan subsequently adopted in the Record of Decision Amendment
dated March 24, 2020. The EPA's response to comments on the proposed
plan is available at <a href="https://semspub.epa.gov/work/05/955458.pdf">https://semspub.epa.gov/work/05/955458.pdf</a>.
Submit your comments, identified by Docket ID No. EPA-R05-SFUND-
2022-0261, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or
the other method identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background Information
This notice pertains to the U.S. Smelter and Lead Refinery, Inc.
Superfund Site in East Chicago, Indiana. The Site is divided into two
Operable Units, and Operable Unit 1 is further divided into three
Zones. The portion of the Site affected by the proposed action is the
area encompassed by the former West Calumet Housing Complex, Goodman
Park, and a utility corridor located between Zone 1 and Zone 2 in
Operable Unit 1 of the Site. This area is identified in the proposed
agreements and proposed ESD as ``Modified Zone 1.''
The PPA and ASAOC provide for remediation of contaminated soils in
[[Page 26354]]
Modified Zone 1 to commercial/industrial standards. A commercial/
industrial remedy is consistent with the contingent remedy described in
the Record of Decision Amendment dated March 24, 2020 (the ``ROD
Amendment''). The ROD Amendment states that, if two conditions are
satisfied, the EPA will issue an ESD to confirm that these two
conditions have been met and will change the selected remedy for
Modified Zone 1 from a residential cleanup to a commercial/industrial
cleanup. On May 26, 2020, the first condition was satisfied when the
City of East Chicago changed the zoning designation for Modified Zone 1
from residential to light industrial. The Purchaser intends to acquire
title to real property within Modified Zone 1 (the ``Property'') with
the intent to redevelop it for commercial/industrial use. This
acquisition will satisfy the second condition. Once the EPA receives
notice that the Purchaser has acquired title to the Property, both
conditions will be satisfied. The EPA will then issue the ESD and the
PPA will become effective. Under the proposed PPA, Purchaser will
remediate contaminated soils at the Property to commercial/industrial
criteria as required by the ROD Amendment.
Under the proposed ASAOC, Respondents will provide financial
assurance for the remedial action to be performed by Purchaser under
the PPA, pay future federal and state oversight costs after application
of an $800,000 credit towards those costs, and pay $18,000,000 in
settlement of certain response costs incurred by the EPA at the Site.
The Respondents and the Additional Covered Parties also agree to waive
potential claims for reimbursement from the Hazardous Substance
Superfund under Section 106(b) of CERCLA, 42 U.S.C. 9606(b).
In both the PPA and the ASAOC, the EPA covenants not to sue the
Purchaser, Respondents, and Additional Covered Parties pursuant to
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to
Operable Unit 1. The EPA's covenants not to sue are subject to
reservations. The settlement agreements also provide the Purchaser,
Respondents, and Additional Covered Parties with protection from
contribution actions or claims as provided by Section 113(f)(2) of
CERCLA, 42 U.S.C. 9613(f)(2).
The EPA is providing notice of the proposed ASAOC in accordance
with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), which requires the
Administrator to provide notice and an opportunity for comment when the
EPA proposes to settle a claim pursuant to Section 122(h) of CERCLA, 42
U.S.C. 9622(h). The EPA is providing notice of the proposed PPA in
accordance with the terms of the PPA. Section 117(c) of CERCLA, 42
U.S.C. 9617(c), and 40 CFR 300.435(c)(2)(i) require EPA to issue an ESD
when a settlement differs in any significant respect but does not
fundamentally alter the remedy selected in the Record of Decision with
respect to scope, performance, or cost. A formal public comment period
is not required for an ESD.
Due to the interdependent nature of the three documents included in
this notice, the EPA is requesting comment on all three documents
simultaneously. The EPA will consider all comments received and may
modify or withdraw its consent to the settlements if comments received
disclose facts or considerations that indicate that the proposed
settlements and proposed ESD are inappropriate, improper, or
inadequate.
Douglas Ballotti,
Director, Superfund & Emergency Management Division, Region 5.
[FR Doc. 2022-09359 Filed 5-3-22; 8:45 am]
BILLING CODE 6560-50-P
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