[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Page 49514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19877]



[FRL-9914-40-Region 8]

Proposed Windfall Lien Settlement Agreement, Eaton Sugar Beet 
Factory Superfund Site, Eaton, Colorado

AGENCY: Environmental Protection Agency.

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


SUMMARY: In accordance with the requirements of section 122(h)(1) of 
the Comprehensive Environmental Response Compensation, and Liability 
Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(h)(1), notice is 
hereby given of the proposed administrative settlement under section 
107(r) of CERCLA, 42 U.S.C. 9607(r) between the U.S. Environmental 
Protection Agency (``EPA'') and the Town of Eaton, Colorado, 
(``Settling Party''). The Settling Party consents to and will not 
contest the authority of the United States to enter into this Agreement 
or to implement or enforce its terms.
    The Settling Party, qualifying as a bona fide prospective purchaser 
as provided for under CERCLA section 107(r)(1), 42 U.S.C. 9607(4)(1), 
took title to the site of the abandoned Eaton Sugar Beet Factory in 
2009 through the purchase of tax liens. The EPA conducted a time 
critical removal action to address asbestos contamination at the 
factory site from November of 2011 through April of 2013. EPA now seeks 
to enter into a settlement agreement for the release of the windfall 
lien that arose as a result of the asbestos removal action. The value 
of a windfall lien is limited to the increase in the fair market value 
of the land that was cleaned up by EPA and is limited also by the 
amount of the EPA's unrecovered response costs. The increased value of 
the land owned by the Settling Parties is $226,283.14.
    The Settling Parties recognize that this Agreement has been 
negotiated in good faith and that this Agreement is entered into 
without the admission or adjudication of any issue of fact or law.

DATES: Comments must be submitted on or before September 22, 2014. For 
thirty (30) days following the date of publication of this document, 
the Agency will receive written comments relating to the agreement. The 
Agency will consider all comments received and may modify or withdraw 
its consent to the agreement if comments received disclose facts or 
considerations that indicate that the agreement is inappropriate, 
improper, or inadequate.

ADDRESSES: The Agency's response to any comments, the proposed 
agreement and additional background information relating to the 
agreement is available for public inspection at the EPA Superfund 
Record Center, 1595 Wynkoop Denver, Colorado.
    Comments and requests for a copy of the proposed agreement should 
be addressed to Maureen O'Reilly, Enforcement Specialist, Environmental 
Protection Agency--Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, 
Denver, Colorado 80202, and should reference the Eaton Sugar Beet 
Factory Superfund Site, Eaton, Colorado.

FOR FURTHER INFORMATION CONTACT: Andy Lensink, Enforcement Attorney, 
Legal Enforcement Program, Environmental Protection Agency--Region 8, 
Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 

    Dated: July 17, 2014.
Eddie A. Sierra,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, U.S. Environmental Protection 
Agency, Region VIII.
[FR Doc. 2014-19877 Filed 8-20-14; 8:45 am]