[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Page 38184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18392]




Agreement and Covenant Not To Sue

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.


SUMMARY: As required by the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as 
amended (``CERCLA''), notice is hereby given that an Agreement and 
Covenant Not to Sue (``Agreement'') is proposed by the United States, 
on behalf of the Environmental Protection Agency (``EPA''), and the 
Redevelopment Agency of Salt Lake City (``Settling Respondent'') for a 
portion of the Utah Power and Light/American Barrel Superfund Site 
located in Salt Lake County, Utah (``Site'') which Settling Respondent 
is proposing to purchase (``the Property'').
    The Site was listed on the National Priorities List in 1989. 
Historical operations on the Site, including a coal gasification plant, 
pole treating (creosote), railroad operations, and industrial barrel 
reclamation and storage resulted in the release of various types of 
hazardous substances into Site soils and shallow groundwater.
    During the 1990s, Utah Power and Light Company (``UP&L'') undertook 
certain response actions at the Site, including the Property, in order 
to implement the Record of Decision issued by EPA for the Site. 
Specific response actions undertaken by UP&L associated with the 
Property included excavation, and removal of soils impacted by organic 
compounds (tar) and lead down to a depth of 15 feet. Construction 
completion was achieved in 1996 for the Site. EPA has conducted two 
five-year reviews in 2001 and 2006. The response action for the Site 
was and continues to be protective of human health and the environment. 
Active groundwater remediation efforts (soil vapor extraction) have 
been completed and shallow groundwater contamination is currently being 
addressed through monitored natural attenuation.
    This Agreement requires the Settling Respondent to place an 
environmental covenant with use and activity restrictions on the 
Property and to pay the United States $30,000 for future oversight of 
the environmental covenant. In addition, the Settling Respondent will 
seek, to the maximum extent practicable, to have future developers 
incorporate the Environmentally Responsible Redevelopment and Reuse 
(``ER3'') components listed in Appendix D of the Agreement in future 
development of the Property.

DATES: Comments should be received by August 31, 2009. The Agency will 
consider all comments received on the proposed Agreement 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. The Agency's response to any 
comments received will be available for public inspection at the EPA 
Superfund Record Center, 1595 Wynkoop Street, 3rd Floor, in Denver, 

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at the EPA Superfund Records Center, 1595 Wynkoop Street, 
3rd Floor, in Denver, Colorado. Comments and requests for a copy of the 
proposed settlement should be addressed to Sharon Abendschan, 
Enforcement Specialist (8ENF-RC), Technical Enforcement Program, U.S. 
Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado, 
80202-2466, (303) 312-6957, and should reference the Utah Power and 
Light proposed Agreement.

FOR FURTHER INFORMATION CONTACT: Richard Sisk, Legal Enforcement 
Attorney (ENF-L), Legal Enforcement Program, U.S. Environmental 
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-2466, 
(303) 312-6638.
    It is so agreed:

    Dated: July 22, 2009.
Eddie A. Sierra,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, Region 8.
[FR Doc. E9-18392 Filed 7-30-09; 8:45 am]