Notice2022-17516
Proposed CERCLA Section 122 Administrative Settlement Agreement and Order on Consent; Joan D. Pecina/Trust 2000, Bautsch Gray Mine Superfund Site, Jo Daviess County, Illinois
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) hereby gives notice of a proposed Ability to Pay Administrative Settlement Agreement and Order on Consent (Settlement) pertaining to an approximately 28-acre portion of the Bautsch Gray Mine Superfund Site (Site), on Blackjack Road, in Jo Daviess County, Illinois. EPA invites public comment on the Settlement for thirty (30) days following publication of this notice. The Settlement reflects Potentially Responsible Party (PRP) Joan D. Pecina/Trust 2000's inability to pay a cash dollar amount and requires that the PRP comply with specified property requirements in the Settlement and through an associated Environmental Covenant. The PRP has evidenced proof of an (In)Ability to Pay (ATP) any portion of CERCLA response costs related to the Site. Satisfying the property requirements safeguards for human health and the environment by reducing the risk of exposure to certain hazardous wastes and substances.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Pages 50334-50335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17516]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10026-01-R5]
Proposed CERCLA Section 122 Administrative Settlement Agreement
and Order on Consent; Joan D. Pecina/Trust 2000, Bautsch Gray Mine
Superfund Site, Jo Daviess County, Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed Ability to Pay settlement agreement and
request for public comments.
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SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice
of a proposed Ability to Pay Administrative Settlement Agreement and
Order on Consent (Settlement) pertaining to an approximately 28-acre
portion of the Bautsch Gray Mine Superfund Site (Site), on Blackjack
Road, in Jo Daviess County, Illinois. EPA invites public comment on the
Settlement for thirty (30) days following publication of this notice.
The Settlement reflects Potentially Responsible Party (PRP) Joan D.
Pecina/Trust 2000's inability to pay a cash dollar amount and requires
that the PRP comply with specified property requirements in the
Settlement and through an associated Environmental Covenant. The PRP
has evidenced proof of an (In)Ability to Pay (ATP) any portion of
CERCLA response costs related to the Site. Satisfying the
[[Page 50335]]
property requirements safeguards for human health and the environment
by reducing the risk of exposure to certain hazardous wastes and
substances.
DATES: Comments must be post marked or received on or before September
15, 2022.
ADDRESSES: The proposed settlement agreement and related site documents
can be viewed at the Superfund Records Center, (SRC-7J), United States
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-4465 and on-line at <a href="http://www.epa.gov/superfund/bautsch-gray-mine">www.epa.gov/superfund/bautsch-gray-mine</a>.
FOR FURTHER INFORMATION CONTACT: Further information or a copy of the
Settlement may be obtained from either Tom Turner, Office of Regional
Counsel (C-14J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6613 or
<a href="/cdn-cgi/l/email-protection#2e5a5b5c404b5c005a4641434f5d6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="82f6f7f0ece7f0acf6eaedefe3f1c2e7f2e3ace5edf4">[email protected]</span></a> or Public Affairs Specialist Janet Pope, Office
of Public Affairs (R-19J), U.S. Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-0648
or <a href="/cdn-cgi/l/email-protection#55253a25307b3f343b3021153025347b323a23"><span class="__cf_email__" data-cfemail="e1918e9184cf8b808f8495a1849180cf868e97">[email protected]</span></a>:
SUPPLEMENTARY INFORMATION:
I. Background Information
In accordance with 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
CERCLA ATP Settlement with PRP Joan D. Pecina/Trust 2000 pertaining to
the Bautsch Gray Mine Superfund Site, Blackjack Road, Jo Daviess
County, Illinois. PRP Pecina/Trust 2000 will not pay a cash amount due
to a proven inability to pay, but has agreed to comply with specified
property requirements. PRP Pecina/Trust 2000 will fill out and submit
for approval an Illinois Environmental Covenant form and attachments,
give Notice to any Successors to ownership of the property and secure
the remediated portion of the property against disturbance. These
actions will reduce the threat of direct contact with lead and
hazardous metals contaminated soil. These actions will also reduce the
threat of exposure to hazardous wastes and substances at the property.
The Settlement includes an EPA covenant not to sue the settling
party pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and
9607.
II. Opportunity To Comment
A. General Information
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
Settlement. 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.
B. Where do I send my comments or view responses?
Your comments should be mailed to Janet Pope, Public Affairs
Specialist (mail code: R-19J), U. S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, or
<a href="/cdn-cgi/l/email-protection#e5958a9580cb8f848b8091a5809584cb828a93"><span class="__cf_email__" data-cfemail="88f8e7f8eda6e2e9e6edfcc8edf8e9a6efe7fe">[email protected]</span></a>. The Agency's response to any comments received will
be available for public inspection at the Superfund Records Center.
C. What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit such information to EPA through an agency website or via email.
Clearly mark the part or all the information that you claim to be CBI.
For CBI information in a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
<bullet> Identify the rulemaking by docket number and other
identifying information (site name, Federal Register date and page
number).
<bullet> Follow directions--the agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
<bullet> Explain why you agree or disagree with the terms of the
Settlement; suggest alternatives and substitute language for your
requested changes.
<bullet> Describe any assumptions and provide any technical
information and/or data that you used.
<bullet> If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
<bullet> Provide specific examples to illustrate your concerns, and
suggest alternatives.
<bullet> Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
<bullet> Make sure to submit your comments by the identified
comment period deadline.
Douglas Ballotti,
Director, Superfund & Emergency Management Division.
[FR Doc. 2022-17516 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P
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