[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Page 77689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30200]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8754-3]


Brown & Bryant Superfund Site; Notice of Proposed CERCLA 
Administrative Settlement Agreement and 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 Union Pacific Railroad Company and BNSF 
Railway Company (``the Respondents'') concerning the Brown & Bryant 
Superfund Site in Arvin, 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, each Respondent will pay EPA $492,500, for a total of 
$985,000 (``Settled Response Costs''). Respondents are jointly and 
severally liable for the total amount due under the Settlement 
Agreement.
    The Settled Response Costs will be deposited in the Brown & Bryant 
Superfund Site Special Account within the EPA Hazardous Substance 
Superfund. EPA will use all Settled Response Costs in the Brown & 
Bryant Superfund Site Special Account to relocate Arvin City Well 1, as 
the first phase of the remedy selected in the Record of Decision issued 
on September 30, 2007. If any portion of the Settled Response Costs 
remains in the Brown & Bryant Superfund Site Special Account after full 
implementation of this work, EPA will, after consultation with the 
Respondents, apply such funds for other response costs at or in 
connection with the Site. In the event that there are no additional 
costs at the Site to which the funds can be applied, EPA may transfer 
the funds to the EPA Hazardous Substance Superfund.
    The Settlement Agreement may be examined at the following EPA Web 
site: http://www.epa.gov/region09/brown&bryant. The Settlement 
Agreement also may be examined at the U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, Office of Regional Counsel, San 
Francisco, California 94105, and also at the public information 
repository located at the Kern County Library, Arvin Branch, 201 Campus 
Drive, Arvin, California 93203. A paper or electronic copy of the 
Settlement Agreement may also be obtained from Joshua Wirtschafter, who 
can be contacted by mail at U.S. Environmental Protection Agency Region 
IX, 75 Hawthorne Street (mail code ORC-3), San Francisco, California 
94105-3901, by telephone at (415) 972-3912, by fax at (415) 947-3570, 
or by e-mail at [email protected].

DATES: EPA must receive comments by January 20, 2009 relating to the 
Settlement Agreement. EPA will consider all comments it receives during 
this period, and may not 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 by 
mail, fax, or e-mail to the U.S. Environmental Protection Agency Region 
IX, 75 Hawthorne Street (mail code ORC-3), San Francisco, California 
94105-3901, by telephone at (415) 972-3912, by fax at (415) 947-3570, 
or by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Additional information about the Site 
and about the proposed Settlement Agreement may be obtained by 
contacting Joshua Wirtschafter at (415) 972-3912.

    Dated: December 8, 2008.
Nancy Lindsey,
Acting Director, Superfund Division, Region IX.
 [FR Doc. E8-30200 Filed 12-18-08; 8:45 am]
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