[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Pages 50334-50335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17516]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10026-01-R5]


Proposed CERCLA Section 122 Administrative Settlement Agreement 
and Order on Consent; Joan D. Pecina/Trust 2000, Bautsch Gray Mine 
Superfund Site, Jo Daviess County, Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed Ability to Pay settlement agreement and 
request for public comments.

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SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice 
of a proposed Ability to Pay Administrative Settlement Agreement and 
Order on Consent (Settlement) pertaining to an approximately 28-acre 
portion of the Bautsch Gray Mine Superfund Site (Site), on Blackjack 
Road, in Jo Daviess County, Illinois. EPA invites public comment on the 
Settlement for thirty (30) days following publication of this notice. 
The Settlement reflects Potentially Responsible Party (PRP) Joan D. 
Pecina/Trust 2000's inability to pay a cash dollar amount and requires 
that the PRP comply with specified property requirements in the 
Settlement and through an associated Environmental Covenant. The PRP 
has evidenced proof of an (In)Ability to Pay (ATP) any portion of 
CERCLA response costs related to the Site. Satisfying the

[[Page 50335]]

property requirements safeguards for human health and the environment 
by reducing the risk of exposure to certain hazardous wastes and 
substances.

DATES: Comments must be post marked or received on or before September 
15, 2022.

ADDRESSES: The proposed settlement agreement and related site documents 
can be viewed at the Superfund Records Center, (SRC-7J), United States 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-4465 and on-line at www.epa.gov/superfund/bautsch-gray-mine.

FOR FURTHER INFORMATION CONTACT: Further information or a copy of the 
Settlement may be obtained from either Tom Turner, Office of Regional 
Counsel (C-14J),
    U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6613 or 
[email protected] or Public Affairs Specialist Janet Pope, Office 
of Public Affairs (R-19J), U.S. Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-0648 
or [email protected]:

SUPPLEMENTARY INFORMATION: 

I. Background Information

    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 
CERCLA ATP Settlement with PRP Joan D. Pecina/Trust 2000 pertaining to 
the Bautsch Gray Mine Superfund Site, Blackjack Road, Jo Daviess 
County, Illinois. PRP Pecina/Trust 2000 will not pay a cash amount due 
to a proven inability to pay, but has agreed to comply with specified 
property requirements. PRP Pecina/Trust 2000 will fill out and submit 
for approval an Illinois Environmental Covenant form and attachments, 
give Notice to any Successors to ownership of the property and secure 
the remediated portion of the property against disturbance. These 
actions will reduce the threat of direct contact with lead and 
hazardous metals contaminated soil. These actions will also reduce the 
threat of exposure to hazardous wastes and substances at the property.
    The Settlement includes an EPA covenant not to sue the settling 
party pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607.

II. Opportunity To Comment

A. General Information

    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.

B. Where do I send my comments or view responses?

    Your comments should be mailed to Janet Pope, Public Affairs 
Specialist (mail code: R-19J), U. S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, or 
[email protected]. The Agency's response to any comments received will 
be available for public inspection at the Superfund Records Center.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit such information to EPA through an agency website or via email. 
Clearly mark the part or all the information that you claim to be CBI. 
For CBI information in a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (site name, Federal Register date and page 
number).
     Follow directions--the agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree with the terms of the 
Settlement; suggest alternatives and substitute language for your 
requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the identified 
comment period deadline.

Douglas Ballotti,
Director, Superfund & Emergency Management Division.
[FR Doc. 2022-17516 Filed 8-15-22; 8:45 am]
BILLING CODE 6560-50-P