[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Page 10754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4283]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8286-4]
Notice of Proposed Administrative Settlement Pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42
U.S.C. 9601 et seq., and the authority of the Attorney General of the
United States to compromise and settle claims of the United States,
notice is hereby given of a proposed administrative settlement
resolving, subject to reservations and limitations, liability that
owners of the St. Joe Chat Pile and of the underlying property located
in Ottawa County, Oklahoma, might otherwise incur under CERCLA Sections
106 or 107, 42 U.S.C. 9606, or 9607, arising from the sale of chat on
the property in question. The settlement is entered into by the United
States on behalf of the U.S. Environmental Protection Agency (EPA).
Chat is a gravel-like mine refuse or mine tailings that is
generally contaminated with the hazardous substances lead, cadmium and
zinc. Approximately 49 million cubic yards of chat, including the St.
Joe Pile, pollute the Tar Creek Superfund Site (Site). The Site is
located in an approximately 40-square-mile area in northern Ottawa
County, Oklahoma. The Site was mined for lead and zinc ore from the
late 1800's through the early 1970's, and chat is part of the waste
material left behind by the mining and milling activity. EPA has
determined that one of the best ways to address contaminated chat piles
on the Site is to sell and remove the chat for use in a manner that
will not present a threat to human health or to the environment. Sale
and removal of the chat will reduce the costs of additional response
actions for the Site. The purpose of this Settlement Agreement is to
encourage the sale of the chat in the St. Joe Chat Pile, by resolving
certain liabilities of those with interests in the chat or in the
property containing the chat, thereby helping free the chat for sale.
Under the settlement, settlors (chat owners and property owners)
agree to execute an agreement for the sale of the chat pile (if they
own an interest in the chat), to provide access, and to refrain from
activities that would inhibit sales. The settlement also includes
settlors' agreement not to sue the United States regarding any direct
or indirect claim for reimbursement from the EPA Hazardous Substance
Superfund pursuant to Internal Revenue Code, 26 U.S.C. 9507, through
CERCLA Sections 106(b)(2), 111, 112, and 113, any claim under CERCLA
Sections 107 or 113, or under any citizen suit provision of CERCLA, 42
U.S.C. 9659, the Resource Conservation and Recovery Act, 42 U.S.C.
6972, the Clean Air Act, 42 U.S.C. 7604, the Clean Water Act, 33 U.S.C.
1365, or any other similar statues or other applicable environmental
laws.
In return, subject to reservations and limitations, the United
States covenants not to sue or take civil judicial or administrative
action against the settlors pursuant to Sections 106 and 107 of CERCLA,
42 U.S.C. 9606, and 9607, or other applicable law, for liability of
response actions and/or claims for natural resource damages arising
from the sale of the chat.
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. The Agency's response to any
comments received will be available for public inspection at 1445 Ross
Avenue, Dallas, Texas 75202-2733.
DATES: Comments must be submitted on or before April 9, 2007.
ADDRESSES: The proposed settlement and additional background
information relating to the settlement are available for public
inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the
proposed settlement may be obtained from Kenneth Talton (6SF-TE), U.S.
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733 at (214) 665-
7475. Comments should reference the Tar Creek Superfund Site, Ottawa
County, Oklahoma, EPA Docket Number 06-12-06 and should be addressed to
Kenneth Talton at the address listed above.
FOR FURTHER INFORMATION CONTACT: James Costello (6RC-S), U.S. EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733 at (214) 665-8045.
Dated: March 1, 2007.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E7-4283 Filed 3-8-07; 8:45 am]
BILLING CODE 6560-50-P