[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Notices]
[Pages 15361-15362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7909]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6318-1]


Notice of Proposed Administrative Settlement Pursuant to the 
Resource Conservation and Recovery Act

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for public comment.

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SUMMARY: In accordance with Section 7003(d) of the Resource 
Conservation and Recovery Act, 42 U.S.C. 9673(d), notice is hereby 
given of a proposed administrative settlement (``Consent Agreement'') 
concerning the Gila Tire Pile on the Gila River Indian Community Land 
located within the State of Arizona with the following parties: 
Maricopa County, Pinal County, and Blackwater Industrial Development 
Corporation. The settlement requires the respondents to remove the 
unburned tires from the site to an approved landfill facility no later 
than ten (10) days from the effective date of the Consent Agreement and 
to form a Working Committee with the Gila River Indian Community to 
establish a plan to remove and dispose of the burned tires no later 
than 160 days from the effective date of the Consent Agreement. In 
addition, the Consent Agreement requires Respondents to sample and 
characterize the burned tires within six (6) months from the date the 
Working Committee is formed, and provide to EPA, within twelve (12) 
months from the date that the Working Committee characterizes the 
burned tires, a work plan that identifies the preferred corrective 
measure and a schedule for implementation of the corrective measure. 
The corrective measure proposed for the burned tires shall be subject 
to EPA approval. Prior to approval, EPA will make the proposal 
available to the public for review and comment for thirty (30) days. 
After the close of the public comment period, EPA shall approve or 
modify the corrective measure. EPA shall then provide the respondents a 
sixty (60) day period to negotiate a modification of the agreement to 
include the implementation of the corrective measure. If agreement is 
not reached during this period, EPA reserves all rights it has to 
implement the corrective measure, including the issuance of a

[[Page 15362]]

unilateral administrative order directing respondents to implement the 
corrective measure. This settlement includes an EPA covenant not to sue 
the settling parties pursuant to Section 7003 of the Resource 
Conservation and Recovery Act, 42 U.S.C. 6973. For thirty (30) days 
following the date of publication of this notice, the Agency will 
receive written comment on 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 consideration which 
indicate that the proposed settlement is inappropriate, improper or 
inadequate. The Agency's response to any comments received will be 
available for public inspection at the Chandler Public Library located 
at 22 South Delaware Street, Chandler, AZ 85244 and at the U.S. 
Environmental Protection Agency Region 9 located at 75 Hawthorne 
Street, San Francisco, CA 94105 (in the library on the 13th floor). 
Commenters may request an opportunity for a public meeting in the 
affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
Section 6973(d).

DATES: Comments must be submitted on or before April 30, 1999.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at 75 Hawthorne Street, San Francisco, CA 94105. A copy of 
the proposed settlement may be obtained from Jean Killpack, Project 
Coordinator, 75 Hawthorne Street, San Francisco, California 94105, 
(415) 744-2033. Comments should reference the Gila Tire Pile, located 
on the Gila River Indian Community Land within the State of Arizona and 
EPA docket number #7003-09-99-003. Comments should be addressed to Rich 
Vaille, Chief, State Programs and Compliance Branch, Waste Management 
Division, 75 Hawthorne Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Jean Killpack, Project Coordinator, 75 
Hawthorne Street, San Francisco, CA 94105, (415) 744-2033.

SUPPLEMENTARY INFORMATION: On July 15, 1994, a user agreement was 
signed by Colinas Tire Recovery, Inc., and Blackwater Industrial 
Development Corporation, allowing for temporary storage of shredded 
tires by Colinas Tire Recovery on 10 acres of land located on the Gila 
River Indian Community reservation. The site is located two miles north 
of the City of Coolidge. During the year that followed the signing of 
the lease, approximately three million shredded tires (32,362 tons) 
collected from 14 Arizona Counties (excluding Pima County) were placed 
in 25 piles on the land by Colinas and its subcontractors.
    On August 1, 1997, approximately two million tires caught on fire 
at the site. Thick black smoke, intense heat, high winds and dust 
created extreme conditions that hampered fire fighting efforts. The 
Gila River Indian Community, Pinal County, and the State of Arizona 
declared a State of Emergency. Air quality concerns and thick smoke 
required the evacuation of more than 300 people from the vicinity. To 
date, the burned tires still smolder.
    EPA notified several Arizona Counties, two transporters, and 
Blackwater Industrial Development Corporation on June 1, 1998 that they 
were potentially responsible parties in the cleanup of the Gila Tire 
Pile, and requested a good faith offer to cleanup the site. On 
September 25, 1998, the Arizona counties, through Pinal County, 
submitted an offer to EPA which addressed the removal of the unburned 
tires and the cleanup of the burned tires. EPA accepted this offer and 
met with the Arizona Counties on December 8, 1998. EPA established a 60 
day negotiation period to negotiate the terms of a Consent Agreement 
which reflected the September 25th good faith offer by the Counties. At 
the close of the 60 day period (February 8, 1999), EPA had not reached 
settlement with the Arizona Counties or transporters by the negotiation 
period deadline. EPA did reach a settlement with Respondent Blackwater 
Industrial Development Corporation.
    On February 18, 1999, EPA issued a unilateral enforcement order to 
seven (7) Arizona Counties (Cochise, Coconino, Pinal, Maricopa, Mohave, 
Yavapai, Yuma) and two transporters (Colinas Tire Recovery, Inc., and 
REPCO Waste Recovery, Inc.) to remove the unburned tires and to submit 
a burned tire plan within certain time frames. The effective date of 
this order is March 19, 1999. However, prior to the unilateral 
enforcement order becoming effective, several respondents joined 
Blackwater Industrial Development Corporation and entered into the 
Consent Agreement with EPA. EPA has rescinded the unilateral 
enforcement order on March 18, 1999, and the Consent Agreement 
supersedes the enforcement order. EPA will issue a revised unilateral 
enforcement order to non-settling Respondents, as necessary.

    Dated: March 22, 1999.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 99-7909 Filed 3-30-99; 8:45 am]
BILLING CODE 6560-50-P