[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 70998-70999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27751]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8742-9]


Leviathan Mine Superfund Site; Notice of Proposed CERCLA 
Administrative Order on Consent

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA''), 42 U.S.C. 9622(i), the EPA is hereby providing notice of 
a proposed administrative settlement agreement and order on consent 
(``Settlement Agreement'') with Atlantic Richfield Company 
(``Respondent'') concerning the Leviathan Mine Superfund Site in Alpine 
County, California (``Site''). Section 122(h) of CERCLA, 42 U.S.C. 
9622(h), provides EPA with the authority to enter into administrative 
settlements for claims for costs incurred by EPA under CERCLA.
    The Settlement Agreement resolves certain claims under Sections 106 
and 107 of CERCLA, 42 U.S.C. 9606, 9607. Under the Settlement 
Agreement, Respondent will perform certain response actions at the Site 
through July 31, 2013, pay over $1.7 million to reimburse the United 
States for certain past costs, pay certain future response costs, pay a 
civil penalty of $90,000, and perform a specified supplemental 
environmental project in Douglas County, Nevada, with costs estimated 
at $400,000. EPA estimates that the response actions to be performed 
under the Settlement Agreement will cost approximately $5,600,000.
    The Settlement Agreement and its appendices may be examined at the 
U.S.

[[Page 70999]]

Environmental Protection Agency Region IX, 75 Hawthorne Street, Office 
of Regional Counsel, San Francisco, California 94105, and also at any 
of the following public information repositories:
    Nevada State Library & Archives, 100 N. Stewart Street, Carson 
City, NV 89701; Douglas County Public Library, 1625 Library Lane, 
Minden, NV 89423; or Alpine County Library, 270 Laramie Street, 
Markleeville, CA 96120.
    The Settlement Agreement, together with descriptions of the removal 
action and the supplemental environmental project to be performed under 
the Settlement Agreement may also be examined at the following EPA Web 
site: http://www.epa.gov/region09/LeviathanMine. A copy of the 
Settlement Agreement may also be obtained by mail from Joshua 
Wirtschafter, U.S. Environmental Protection Agency Region IX, 75 
Hawthorne Street (mail code ORC-3), San Francisco, California 94105-
3901.

DATES: EPA must receive comments by December 24, 2008 relating to the 
Settlement Agreement. EPA will consider all comments it receives during 
this period, and may modify or withdraw its consent to the settlement 
if any comments disclose facts or considerations indicating that the 
settlement is inappropriate, improper, or inadequate.

ADDRESSES: Written comments may be submitted to Joshua Wirtschafter, 
U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street 
(mail code ORC-3), San Francisco, California 94105-3901. Written 
comments may also be e-mailed to Joshua Wirtschafter at 
[email protected] or faxed to him at (415) 947-3570.

FOR FURTHER INFORMATION CONTACT: Additional information about the 
Leviathan Mine Super-fund Site and about the proposed Settlement 
Agreement may be obtained by contacting Joshua Wirtschafter, Esq. at 
the above e-mail address or at (415) 972-3912.

    Dated: November 13, 2008.
Keith Takata,
Director, Superfund Division, Region IX.
[FR Doc. E8-27751 Filed 11-21-08; 8:45 am]
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