[Federal Register Volume 67, Number 103 (Wednesday, May 29, 2002)]
[Notices]
[Page 37432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13350]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7218-9]


Agreement and Covenant Not To Sue, Sharon Steel Superfund Site, 
Midvale, UT

AGENCY: Environmental Protection Agency (U.S. EPA).

ACTION: Notice; Agreement and Covenant Not to Sue.

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SUMMARY: In accordance with the requirements of the 
ComprehensiveEnvironmental Response, Compensation, and Liability Act, 
as amended(``CERCLA''), 42 U.S.C. 9601 et seq., notice is hereby given 
of an Agreement and Covenant Not to Sue (``Agreement''), also known as 
a Prospective Purchaser Agreement (``PPA''), concerning the Sharon 
Steel Superfund Site in Midvale, Utah (the ``Site''). The Agreement 
resolves any potential liability for response costs incurred and to be 
incurred by the United States Environmental Protection Agency (``EPA'') 
and the State of Utah Department of Environmental Quality that may be 
acquired by the City of Midvale, UT when it takes title to certain 
permanent easements that traverse the Sharon Steel Superfund Site. The 
City of Midvale is taking title to these easements in order to 
construct the Provo/Jordan River Parkway Pedestrian & Bicycle Trail and 
the Bingham Junction Parkway.

DATES: Comments must be submitted to EPA on or before June 28, 2002.

ADDRESSES: Comments should be addressed to Nancy A. Mangone, (8ENF-L), 
Enforcement Attorney, U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, and 
should refer to: In the Matter of: Sharon Steel Superfund Site 
Agreement And Covenant Not To Sue Midvale City.

FOR FURTHER INFORMATION CONTACT: Nancy A. Mangone, (8ENF-L), 
Enforcement Attorney, U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, (303) 
312-6903.

SUPPLEMENTARY INFORMATION: Notice of Agreement and Covenant Not to Sue 
with the City of Midvale for the Sharon Steel Superfund Site: In 
accordance with CERCLA, 42 U.S.C. 9601, et seq. notice is hereby given 
that the terms of a Prospective Purchaser Agreement and a covenant not 
to sue have been agreed to by the United States, Utah Department of 
Environmental Quality and the City of Midvale.
    By the terms of the proposed Agreement, the City will acquire 
permanent public easements and access rights across certain portions of 
the Site in order to: (1) Construct a non-motorized, multiple-use 
recreational trail along the western edge of the Site, from 7980 South 
to 8500 South, known as the Provo/Jordan River Parkway Pedestrian & 
Bicycle Trail, including an access road known as the Oxbow Road, 
(collectively, the ``Parkway Trail''); and (2) construct a new north/
south road, the Bingham Junction Parkway, from 7800 South at 
approximately 1000 West, across the eastern portion of the Site, to 
Sandy Parkway (``Bingham Junction Parkway'').
    The PPA provides the City with covenants not to sue from EPA and 
UDEQ for liability for the existing contamination that has already been 
addressed by the remedial action performed at the Site in accordance 
with section 107(a) of CERCLA, 42 U.S.C. 9607(a) and the Utah Hazardous 
Substance Mitigation Act, section 19-6-301, et seq., Utah Code Ann. The 
City will also receive contribution protection under section 113 
CERCLA, 42 U.S.C. 9613, for claims that could be brought against it by 
third parties. In consideration for these covenants not to sue, the 
City has agreed to perform operation and maintenance (``O&M'') 
activities on that portion of the Sharon Steel Site it is acquiring, 
which amounts to approximately 15 acres of the Site. The current 
annualized value of the performance of these O&M activities is 
estimated to be $22,505 for the Bingham Junction Parkway and $4,938 for 
the Parkway Trail. The City is also providing O&M for the access road 
to the Site, known as Oxbow Road.
    U.S. EPA will receive, for a period of thirty (30) days from the 
date of this publication, comments relating to the Agreement and 
Covenant Not to Sue for the Sharon Steel Superfund Site. A copy of the 
PPA may be obtained in person or by mail from Mike Rudy, Enforcement 
Specialist (ENF-T),Environmental Protection Agency, Region VIII, 999 
18th Street, Suite 300,Denver, Colorado 80202-2466, (303) 312-6332.

    Dated: May 17, 2002.
Michael T. Risner,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice.
[FR Doc. 02-13350 Filed 5-28-02; 8:45 am]
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