[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Notices]
[Page 10768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3802]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8534-9]


Proposed CERCLA Agreement and Covenant Not To Sue the State of 
Montana

AGENCY: Environmental Protection Agency.

ACTION: Notice and Request for Public Comment.

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SUMMARY: Notice is hereby given of a proposed Agreement and Covenant 
Not To Sue the State of Montana concerning the McLaren Tailings Site at 
Cooke City, Park County, Montana. This Agreement is entered into 
pursuant to 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. The State of Montana 
Department of Environmental Quality (``MDEQ'') enters into this 
Agreement pursuant to CERCLA, the Montana Comprehensive Environmental 
Cleanup and Responsibility Act (``CECRA''), as amended, 75-10-701 et 
seq., Montana Code Annotated (``MCA''); Title IV of the Surface Mining 
control and Reclamation Act of 1977 (``SMCRA''), 30 U.S.C. 1231 et 
seq., and Title 82, Chapter 4, Part 3 MCA.
    This Agreement and Covenant Not to Sue (``Agreement''), is designed 
to settle and resolve MDEQ's potential liability for existing 
contamination at the Site, which would otherwise result from its 
acquisition of the Site.
    Opportunity for Comment: For thirty (30) days following the date of 
publication of this notice, the Agency will consider all comments 
received, and may modify or withdraw its consent to the Agreement if 
comments received disclose facts or considerations which indicate that 
the Agreement is inappropriate, improper, or inadequate. The Agency's 
response to any comments received will be available for public 
inspection at EPA Region 8's Central Records Center, 1595 Wynkoop 
Street, 3rd Floor, in Denver, Colorado.

DATES: Comments must be submitted on or before March 31, 2008.

ADDRESSES: The proposed Agreement and additional background information 
relating to the settlement are available for public inspection at EPA 
Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in 
Denver, Colorado. Comments and requests for a copy of the proposed 
Agreement should be addressed to Carol Pokorny (8ENF-RC), Technical 
Enforcement Program, U.S. Environmental Protection Agency, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, and should reference the McLaren 
Tailings Site Agreement and Covenant Not to Sue the State of Montana 
and the EPA docket number, CERCLA-08-2008-0004.

FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist 
(8ENF-RC), Technical Enforcement Program, U.S. Environmental Protection 
Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129,(303) 312-
6970.

SUPPLEMENTARY INFORMATION: Regarding the proposed Agreement: In 
accordance with CERCLA, notice is hereby given that the terms of the 
Agreement have been agreed to by the U.S. Environmental Protection 
Agency, the U.S. Department of Justice, and the State of Montana 
Department of Environmental Quality. By the terms of the proposed 
Agreement, in exchange for the United States' Covenant Not to Sue, MDEQ 
agrees to acquire the Site, at no cost to the United States, and agrees 
to implement the cleanup activities and the Institutional Controls for 
the Site.
    It is so Agreed:

    Dated: February 21, 2008.
Andrew M. Gaydosh,
Assistant Regional Administrator, Office of Enforcement, Compliance, 
and Environmental Justice, U.S. Environmental Protection Agency, Region 
8.
 [FR Doc. E8-3802 Filed 2-27-08; 8:45 am]
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