Notice2024-06643
Proposed CERCLA Administrative Settlement Agreement and Order on Consent for Remedial Investigation Addendum/Focused Feasibility Study
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
March 28, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)</title>
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[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Page 21519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#6d03040e0502011e02034307180104082d081d0c430a021b"><span class="__cf_email__" data-cfemail="543a3d373c3b38273b3a7a3e21383d31143124357a333b22">[email protected]</span></a> 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:
<a href="/cdn-cgi/l/email-protection#3d5e5c4e495851515413565c44515858537d584d5c135a524b"><span class="__cf_email__" data-cfemail="b8dbd9cbccddd4d4d196d3d9c1d4ddddd6f8ddc8d996dfd7ce">[email protected]</span></a>.
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]
BILLING CODE 6560-50-P
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