[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Page 62275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24870]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8731-4]


Proposed Agreement and Covenant Not To Sue Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act; 
In Re: Elizabeth Mine Superfund Site, Located in Strafford and 
Thetford, VT

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed agreement; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 
9601, et seq., notice is hereby given of a proposed Agreement and 
Covenant Not to Sue between the United States, on behalf of the U.S. 
Environmental Protection Agency (``EPA''), the Vermont Agency of 
Natural Resources (``ANR'') and Settling Parties Theodore Zageski, the 
Estate of Leonard Cook, and the Elizabeth Mine Corporation 
(collectively ``Settling Parties'').
    This proposed Agreement includes a Covenant Not to Sue by the 
United States under sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 
and 9607(a), and section 7003 of the Resource Conservation and Recovery 
Act, as amended (``RCRA''), 42 U.S.C. 6973; and a Covenant Not to Sue 
by the Vermont Agency of Natural Resources under section 107(a) of 
CERCLA, 42 U.S.C. 9607(a), and 10 V.S.A 6615.
    In the proposed Agreement, the Settling Parties have agreed to give 
the Environmental Protection Agency permission to remove and use 
earthen material such as rock and/or soil overburden materials such as 
topsoil, sand, silt, clay, gravel, cobbles, and boulders located on 
land owned by them for use in implementing response actions at the 
Elizabeth Mine Superfund Site. In addition, the Settling Parties will 
record a Notice with the Towns of Strafford and Thetford, Vermont that 
the property is subject to a CERCLA response action and record a Grant 
of Environmental Restrictions, Right of Access and Easement under the 
proposed Agreement.
    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. Commenters may request an 
opportunity for a public meeting to be held in the area of Strafford or 
Thetford, Vermont, in accordance with section 7003(d) of RCRA, 24 
U.S.C. 6973(d). The Agency's response to any comments received will be 
available for public inspection at One Congress Street, Suite 1100, 
Boston, MA 02114.

DATES: Comments must be submitted by November 19, 2008.

ADDRESSES: Comments or request for a public meeting should be addressed 
to the Regional Hearing Clerk, U.S. Environmental Protection Agency, 
Region 1, One Congress Street, Suite 1100, Mailcode RAA, Boston, 
Massachusetts 02203 and should refer to: In re: Elizabeth Mine 
Superfund Site, U.S. EPA Docket No. CERCLA-01-2008-0044.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed Agreement can 
be obtained from Steven Schlang, U.S. Environmental Protection Agency, 
Region 1, One Congress Street, Mailcode SEL, Boston, Massachusetts 
02114 or at (617) 918-1773.

    Dated: September 22, 2008.
James T. Owens III,
Director, Office of Site Remediation and Restoration, Region 1.
 [FR Doc. E8-24870 Filed 10-17-08; 8:45 am]
BILLING CODE 6560-50-P