[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13187]


[[Page Unknown]]

[Federal Register: May 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4889-4]

 

Proposed Agreement and Covenant Not To Sue Pursuant to the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, As Amended by the Superfund Amendments and Reauthorization Act

AGENCY: U.S. Environmental Protection Agency.

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 by the Superfund 
Amendments and Reauthorization Act of 1986 (``CERCLA''), 42 U.S.C. 9601 
et seq., notice is hereby given that a proposed Agreement and Covenant 
not to Sue associated with the Old Works/East Anaconda Development Area 
Operable Unit of the Anaconda Smelter Superfund Site in Deer Lodge 
County, Montana, was executed by the Agency and the State of Montana 
and approved by the Department of Justice on April 29, 1994. The 
Agreement and Covenant not to Sue would resolve certain potential EPA 
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, 
and State of Montana claims under the Comprehensive Environmental 
Cleanup and Responsibility Act, Mont. Code Ann. 75-10-701, et seq. 
against the consolidated city/county government of the City of Anaconda 
and Deer Lodge County and the Old Works Golf Course Authority (the 
``Purchasers''). The settlement would require the Purchasers to 
implement the Anaconda-Deer Lodge Development System, perform 
operations and maintenance as the contractor of the responsible party, 
the Atlantic Richfield Company, and enforce restrictive covenants on 
the property at the site.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
proposed settlement. The agency's response to any comments received 
will be available for public inspection at the U.S. Environmental 
Protection Agency, Region VIII, Montana Office, Federal Building, 301 
S. Park, Drawer 10096, Helena, Montana 59626-0096.
DATES: Comments must be submitted by June 30, 1994.

ADDRESSES: Availability: The proposed agreement and additional 
background information relating to the settlement are available for 
inspection at the U.S. Environmental Protection Agency, Region VIII, 
Montana Office, Federal Building, 301 S. Park, Drawer 10096, Helena, 
Montana 59626-0096, during normal business hours, and at the Hearst 
Free Library, Fourth and Main, Anaconda, Montana, 59711, from 10 a.m. 
to 7 p.m., Tuesday - Thursday and from 10 a.m. to 5 p.m. Friday and 
Saturday. A copy of the proposed agreement may be obtained from Charles 
Coleman, U.S. Environmental Protection Agency, Region VIII, Montana 
Office, Federal Building, 301 S. Park, Drawer 10096, Helena, Montana 
59626-0096. Comments should reference the ``Old Works/East Anaconda 
Development Area Operable Unit of the Anaconda Smelter Superfund Site'' 
and ``EPA Docket No. CERCLA VIII-94-12'' and should be forwarded to 
Charles Coleman at the above address.

FOR FURTHER INFORMATION CONTACT: Andrew J. Lensink (8RC), Assistant 
Regional Counsel, U.S. Environmental Agency, Region VIII, 999 18th 
Street, suite 500, Denver, Colorado 80202-2466, (303) 294-7574.

    Dated: May 12, 1994.
Robert L. Duprey,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region VIII.
[FR Doc. 94-13187 Filed 5-27-94; 8:45 am]
BILLING CODE 6560-50-P