[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Page 52806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24707]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8968-5]
Proposed CERCLA Administrative Cashout Settlement; Le Roi Smelter
Site, Northport, WA
AGENCY: Environmental Protection Agency (EPA).
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), notice is hereby given of a proposed
administrative settlement for recovery of past response costs incurred
at the Le Roi Smelter Site in Northport, Washington, with settling
parties: The Cecil A. Frazier Exemption Equivalent Trust and the Estate
of Marie M. Frazier. The settlement requires the settling parties to
pay One Hundred Thousand Dollars ($100,000) to the Hazardous Substance
Superfund, to implement certain institutional controls, and to execute
an option to sell the Site to the town of Northport. The settlement
includes a covenant not to sue or take administrative action against
the settling party pursuant to section 107(a) of CERCLA, 42 U.S.C.
9607(a) for recovery of past response costs. 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 the U.S. EPA Region 10 offices,
located at 1200 Sixth Avenue, Seattle, Washington 98101.
DATES: Comments must be submitted on or before November 13, 2009.
ADDRESSES: The proposed settlement is available for public inspection
at the U.S. EPA Region 10 offices, located at 1200 Sixth Avenue,
Seattle, Washington 98101. A copy of the proposed settlement may be
obtained from Carol Kennedy, Regional Hearing Clerk, U.S. EPA Region
10, Mail Stop ORC-158, 1200 Sixth Avenue, Suite 900, Seattle,
Washington 98101; (206) 553-0242. Comments should reference the Le Roi
Smelter Site in Northport, Washington, EPA Docket No. CERCLA-10-2009-
0095 and should be addressed to Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101.
FOR FURTHER INFORMATION CONTACT: Alexander Fidis, Assistant Regional
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue,
Suite 900, Seattle, Washington 98101; (206) 553-4710.
SUPPLEMENTARY INFORMATION: The Le Roi Smelter Site is located in
Northport, Stevens County, Washington (Site). Site operations conducted
between 1898 and 1921 involved the smelting and processing or ore.
Between 1953 and 1998, the Site was operated as a lumber mill. Site
smelting operations produced slag that contained hazardous substances
including the heavy metals lead and arsenic. Slag was disposed of at
the Site and discharged to the Columbia River through a series of
flumes. The smelter smokestack emitted ore constituents, including lead
and arsenic, which were dispersed and deposited at the Site and on
nearby properties. In 2004, the Agency selected and implemented a
removal action to address public health and environmental threats from
the presence of lead and arsenic contaminated soil at concentrations
above applicable cleanup standards. The removal action involved the
demolition of historic smelter structures and the excavation of
contaminated soil from the Site and twenty-nine residential and common
use properties. The smelter structure and excavated soil was
consolidated at the Site beneath a protective cap.
The Site is currently owned by the Cecil A. Frazier exemption
equivalent trust. The Agency is proposing to enter into an
administrative settlement with the Cecil A. Frazier Exemption
Equivalent Trust and the Estate of Marie M. Frazier. The settlement
would require the settling parties to pay $100,000 to the Hazardous
Substance Superfund and to implement institutional controls developed
to ensure the removal action remains protective of human health and the
environment. The institutional controls would be implemented by
recording an environmental covenant pursuant to Washington's Uniform
Environmental Covenant Act that would impose certain restrictions on
the use of the property and obligations to maintain components of the
removal action such as the protective cap. The settlement agreement
would also require the settling parties to provide the town of
Northport with an option to purchase the Site for the purpose of
placing the Site back in productive use that is consistent with the
imposed institutional controls. The proposed settlement will provide
the settling parties with a release of liability subject to certain
rights reserved by the Agency.
Dated: October 2, 2009.
Lori Cohen,
Acting Director, Office of Environmental Cleanup.
[FR Doc. E9-24707 Filed 10-13-09; 8:45 am]
BILLING CODE 6560-50-P