[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Page 21519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06643]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-SFUND-2024-0009; FRL-11812-01-R8]


Proposed CERCLA Administrative Settlement Agreement and Order on 
Consent for Remedial Investigation Addendum/Focused Feasibility Study

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: In accordance with the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERLCA''), notice is hereby given that a Proposed 
Administrative Settlement Agreement and Order on Consent for Remedial 
Investigation Addendum/Focused Feasibility Study (``Proposed 
Agreement'') associated with the Smeltertown Site near Salida, Chaffee 
County, Colorado (``Site'') was executed by the U.S. Environmental 
Protection Agency (``EPA''), Region 8 and is now subject to public 
comment, after which EPA may modify or withdraw its consent if comments 
received disclose facts or considerations that indicate that the 
Proposed Agreement is inappropriate, improper, or inadequate.

DATES: Comments must be submitted on or before April 29, 2024.

ADDRESSES: The Proposed Agreement and additional background information 
relating to the agreement will be available upon request. Any comments 
or requests or for a copy of the Proposed Agreement should be addressed 
to Julie Nicholson, Enforcement Specialist, Superfund and Emergency 
Management Division, Environmental Protection Agency-Region 8, Mail 
Code 8SEM-PAC, 1595 Wynkoop Street, Denver, Colorado 80202, telephone 
number: (401) 714-6143, email address: [email protected] and 
should reference the Smeltertown Site.
    You may also send comments, identified by Docket ID No. EPA-R08-
SFUND-2024-0009 to 40. Follow the online instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Kayleen Castelli, Senior Assistant 
Regional Counsel, Office of Regional Counsel, Environmental Protection 
Agency, Region 8, Mail Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado 
80202, telephone number:(303) 312-6174, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: The Proposed Agreement would resolve 
potential EPA claims under section 107(a) of CERCLA, against Butala 
Construction Co. (``Settling Party'')for the performance of a remedial 
investigation addendum and focused feasibility study (RIA/FFS) for 
Operable Unit 2 (OU2) and a portion of the Vista Del Rio Subdivision 
(the ``Property''), which is associated with the Smeltertown Site. The 
RIA/FFS will evaluate the possible impacts and potential remedies for 
the actual and/or threaten ``release'' of any hazardous substance 
resulting from Settling Party's activities and will analyze the remedy 
selected in the OU2 Record of Decision issued by the EPA in 1998 as it 
relates to those activities. This Settlement separately contemplates 
the soil and groundwater sampling programs for the Vista Del Rio 
subdivision by the Settling Party. The Vista Del Rio Subdivision is the 
subdivision of the 18-acres along the western edge of the Site. The 
Proposed Settlement also provides for the payment of certain response 
costs incurred by the United States at or in connection with the Site 
and the Vista Del Rio Subdivision and provides a covenant not to sue or 
to take administrative action from the United States to the Settling 
Party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 
9607(a) with regard to the Property.
    For thirty (30) days following the date of publication of this 
document, EPA will receive electronic comments relating to the Proposed 
Agreement. EPA's response to any comments received will be available 
for public inspection by request. Please see the ADDRESSES section of 
this document for instructions.

Ben Bienlenberg,
Acting Division Director, Superfund and Emergency Management Division, 
Region 8.
[FR Doc. 2024-06643 Filed 3-27-24; 8:45 am]
BILLING CODE 6560-50-P