Notice2023-05087

Notice of Proposed Administrative Settlement Agreement and Order on Consent Cashout Settlement for Ability To Pay Peripheral Parties

Primary source

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Published
March 13, 2023

Issuing agencies

Environmental Protection Agency

Abstract

In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), notice is hereby given that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement for Ability to Pay Peripheral Parties ("Proposed Agreement") associated with the Donna Reservoir and Canal Superfund Site in Donna, Hidalgo County, Texas ("Site") was executed by the Environmental Protection Agency ("EPA") 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. The Proposed Agreement would resolve potential EPA claims under section 107(a) of CERCLA, against Donna Irrigation District #1 ("Settling Party") for EPA response costs at the Donna Reservoir and Canal Superfund Site located in Donna, Texas. The settlement is $100,000 and was based on an Ability to Pay Analysis, which concluded the settling party shall make payment for EPA response costs. For thirty (30) days following the date of publication of this notice, 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 notice for special instructions in effect due to impacts related to the COVID-19 pandemic.

Full Text

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<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
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[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Page 15390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05087]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10591-01-R6]


Notice of Proposed Administrative Settlement Agreement and Order 
on Consent Cashout Settlement for Ability To Pay Peripheral Parties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), notice is hereby given 
that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement 
for Ability to Pay Peripheral Parties (``Proposed Agreement'') 
associated with the Donna Reservoir and Canal Superfund Site in Donna, 
Hidalgo County, Texas (``Site'') was executed by the Environmental 
Protection Agency (``EPA'') 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. The Proposed 
Agreement would resolve potential EPA claims under section 107(a) of 
CERCLA, against Donna Irrigation District #1 (``Settling Party'') for 
EPA response costs at the Donna Reservoir and Canal Superfund Site 
located in Donna, Texas. The settlement is $100,000 and was based on an 
Ability to Pay Analysis, which concluded the settling party shall make 
payment for EPA response costs.
    For thirty (30) days following the date of publication of this 
notice, 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 notice for special instructions in effect due to impacts related 
to the COVID-19 pandemic.

DATES: Comments must be received on or before April 12, 2023.

ADDRESSES: As a result of impacts related to the COVID-19 pandemic, 
requests for documents and submission of comments must be via 
electronic mail except as provided below. The Proposed Agreement and 
additional background information relating to the Proposed Agreement 
are available for public inspection upon request by contacting EPA 
Assistant Regional Counsel Matthew Miller at <a href="/cdn-cgi/l/email-protection#206d494c4c45520e4d415454484557604550410e474f56"><span class="__cf_email__" data-cfemail="39745055555c4b1754584d4d515c4e795c4958175e564f">[email&#160;protected]</span></a>. 
Comments must be submitted via electronic mail to this same email 
address and should reference the ``Donna Reservoir and Canal'' 
Superfund Site, Proposed Settlement Agreement'' and ``EPA CERCLA Docket 
No. 06-01-23''. Persons without access to electronic mail may call Mr. 
Miller at (214) 665-6406 to make alternative arrangements.

FOR FURTHER INFORMATION CONTACT: Matthew Miller at EPA by phone (214) 
665-6406 or email at: <a href="/cdn-cgi/l/email-protection#472a2633332f2230692a2e2b2b22350722372669202831"><span class="__cf_email__" data-cfemail="7c111d080814190b5211151010190e3c190c1d521b130a">[email&#160;protected]</span></a>.

Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-05087 Filed 3-10-23; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on March 13, 2023.

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