[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Page 52806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24707]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8968-5]


Proposed CERCLA Administrative Cashout Settlement; Le Roi Smelter 
Site, Northport, WA

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), notice is hereby given of a proposed 
administrative settlement for recovery of past response costs incurred 
at the Le Roi Smelter Site in Northport, Washington, with settling 
parties: The Cecil A. Frazier Exemption Equivalent Trust and the Estate 
of Marie M. Frazier. The settlement requires the settling parties to 
pay One Hundred Thousand Dollars ($100,000) to the Hazardous Substance 
Superfund, to implement certain institutional controls, and to execute 
an option to sell the Site to the town of Northport. The settlement 
includes a covenant not to sue or take administrative action against 
the settling party pursuant to section 107(a) of CERCLA, 42 U.S.C. 
9607(a) for recovery of past response costs. 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. The Agency's response to any comments received will be 
available for public inspection at the U.S. EPA Region 10 offices, 
located at 1200 Sixth Avenue, Seattle, Washington 98101.

DATES: Comments must be submitted on or before November 13, 2009.

ADDRESSES: The proposed settlement is available for public inspection 
at the U.S. EPA Region 10 offices, located at 1200 Sixth Avenue, 
Seattle, Washington 98101. A copy of the proposed settlement may be 
obtained from Carol Kennedy, Regional Hearing Clerk, U.S. EPA Region 
10, Mail Stop ORC-158, 1200 Sixth Avenue, Suite 900, Seattle, 
Washington 98101; (206) 553-0242. Comments should reference the Le Roi 
Smelter Site in Northport, Washington, EPA Docket No. CERCLA-10-2009-
0095 and should be addressed to Alexander Fidis, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Alexander Fidis, Assistant Regional 
Counsel, U.S. EPA Region 10, Mail Stop ORC-158, 1200 Sixth Avenue, 
Suite 900, Seattle, Washington 98101; (206) 553-4710.

SUPPLEMENTARY INFORMATION: The Le Roi Smelter Site is located in 
Northport, Stevens County, Washington (Site). Site operations conducted 
between 1898 and 1921 involved the smelting and processing or ore. 
Between 1953 and 1998, the Site was operated as a lumber mill. Site 
smelting operations produced slag that contained hazardous substances 
including the heavy metals lead and arsenic. Slag was disposed of at 
the Site and discharged to the Columbia River through a series of 
flumes. The smelter smokestack emitted ore constituents, including lead 
and arsenic, which were dispersed and deposited at the Site and on 
nearby properties. In 2004, the Agency selected and implemented a 
removal action to address public health and environmental threats from 
the presence of lead and arsenic contaminated soil at concentrations 
above applicable cleanup standards. The removal action involved the 
demolition of historic smelter structures and the excavation of 
contaminated soil from the Site and twenty-nine residential and common 
use properties. The smelter structure and excavated soil was 
consolidated at the Site beneath a protective cap.
    The Site is currently owned by the Cecil A. Frazier exemption 
equivalent trust. The Agency is proposing to enter into an 
administrative settlement with the Cecil A. Frazier Exemption 
Equivalent Trust and the Estate of Marie M. Frazier. The settlement 
would require the settling parties to pay $100,000 to the Hazardous 
Substance Superfund and to implement institutional controls developed 
to ensure the removal action remains protective of human health and the 
environment. The institutional controls would be implemented by 
recording an environmental covenant pursuant to Washington's Uniform 
Environmental Covenant Act that would impose certain restrictions on 
the use of the property and obligations to maintain components of the 
removal action such as the protective cap. The settlement agreement 
would also require the settling parties to provide the town of 
Northport with an option to purchase the Site for the purpose of 
placing the Site back in productive use that is consistent with the 
imposed institutional controls. The proposed settlement will provide 
the settling parties with a release of liability subject to certain 
rights reserved by the Agency.

    Dated: October 2, 2009.
Lori Cohen,
Acting Director, Office of Environmental Cleanup.
[FR Doc. E9-24707 Filed 10-13-09; 8:45 am]
BILLING CODE 6560-50-P