[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Notices]
[Pages 77877-77878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31726]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6915-9]


Proposed Administrative Agreement Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource, Conservation and Recovery Act; The Doe Run Resources 
Corporation, Herculaneum, Missouri, Docket Nos. CERCLA-7-2000-0029 and 
RCRA-7-2000-0018

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), and Section 7003(d) of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973(d) 
notification is hereby given of a proposed administrative agreement 
concerning The Doe Run Resources Corporation (``Respondent''), at 881 
Main Street in Herculaneum, Missouri. Under the Agreement, the 
Respondent agrees to perform response actions to abate an imminent and 
substantial endangerment to the public health, welfare, or the 
environment that may be presented by (i) the actual or threatened 
release of hazardous substances at or from the facility, and/or (ii) 
the past or present handling, storage, treatment, transportation or 
deposition by Respondent of any solid waste or hazardous waste. This 
agreement also concerns the (1) performance and oversight of a Human 
Health and Ecological Risk Assessment; (2) reimbursement by Respondent 
of costs incurred by the United States and the Missouri Department of 
Natural Resources (``MDNR'') in connection with this Order; and (3) 
collection of sufficient data, samples and other information, in 
conjunction with the MDNR and U.S. Fish and Wildlife Service 
(``USFWS''), in their capacity as Natural Resource Trustees to enable 
the completion of an injury determination and other appropriate natural 
resource damage assessment activities in accordance with 43 CFR Part 
11. Respondent will clean up soil contamination caused by its smelter 
operations, including contaminated soil in residential areas in the 
vicinity of the smelter. Respondent will conduct a blood lead study and 
public education program on health effects of lead exposure through the 
air and soil, mine wastes, smelting activity and lead paint to citizens 
of Herculaneum and the surrounding area. Respondent will install air 
emission controls. Respondent will study and implement short-term and 
long-term measures to control runoff of pollutants from its 24-acre 
slag pile and will ensure that the slag pile is operated in a way that 
prevents loss of slag into the environment. Respondent will develop and 
conduct a groundwater monitoring program. Respondent will investigate 
other potential areas affected by its smelter operations. The 
Respondent agrees to pay oversight costs incurred by the United States 
and MDNR pursuant to an Administrative Order on Consent (``Order'') 
dated October 11, 2000. The settlement includes a covenant not to sue 
the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 
9607(a) for recovery of past response costs or future response costs 
incurred by the United States or MDNR in connection with this response 
action or this Order. This covenant not to sue shall take effect upon 
receipt by EPA and MDNR of the payments required by the Order and is 
conditioned upon the complete and satisfactory performance by 
Respondent of its obligations under the Order. Under the agreement, 
Respondent pays $25,013.04 for reimbursement of past costs incurred by 
the United States. Respondent also pays $3,569.20 for reimbursement of 
past natural resource damage assessment costs incurred by MDNR.
    For thirty (30) days following the date of publication of this 
notice, the EPA will receive written comments relating to the 
settlement. The EPA will consider all comments received and may modify 
or withdraw its consent to the settlement if comments received from the 
public during this comment period or at the public meeting disclose 
facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The public meeting is on 
Thursday, December 14, 2000, 7:00 P.M., at the Herculaneum United 
Methodist Church, 672 Main, Herculaneum, Missouri. The EPA's response 
to any comments received will be available for public inspection at the

[[Page 77878]]

Herculaneum Public Library, 1 Parkwood Court, Herculaneum, Missouri, 
and from Kathy Robinson, Regional Hearing Clerk, EPA, 901 North 5th 
Street, Kansas City, Kansas 66101.

DATES: Comments must be submitted on or before January 12, 2001.

ADDRESSES: A copy of the proposed settlement and the Administrative 
Record are available for public inspection at the Office of the 
Regional Hearing Clerk and at the Herculaneum Public Library, at the 
addresses referenced above. A copy of the proposed settlement may be 
obtained from Kathy Robinson, the Regional Hearing Clerk, telephone: 
(913) 551-7567. Comments should reference The Doe Run Resources 
Corporation, at 881 Main Street in Herculaneum, Missouri, Docket No. 
CERCLA 7-2000-0029 and Docket No. RCRA-7-2000-0018 and should be 
addressed to Regional Hearing Clerk, EPA, 901 N. 5th Street, Kansas 
City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Julie Murray, Assistant Regional 
Counsel, EPA, 901 N. 5th Street, Kansas City, Kansas 66101, telephone: 
(913) 551-7448, or Shelley Woods, Assistant Attorney General, 221 W. 
High, P.O. Box 899, Jefferson City, Missouri 65102, telephone: (573) 
751-0660.

    Dated: December 5, 2000.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 00-31726 Filed 12-12-00; 8:45 am]
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