[Federal Register: August 20, 2004 (Volume 69, Number 161)]
[Notices]               
[Page 51676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au04-80]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ FRL-7803-5]

 
Proposed Consent Agreement and Covenant Not To Sue Pursuant to 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as Amended by the Superfund Amendments and Reauthorization 
Act of 1986; In Re: Elizabeth Mine Superfund Site, Located in South 
Strafford and Thetford, VT

AGENCY: Environmental Protection Agency.

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

-----------------------------------------------------------------------

SUMMARY: In accordance with the Comprehensive Environmental Response 
Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 
9601, et. seq., notice is hereby given of a proposed Consent Agreement 
between the United States, on behalf of the U.S. Environmental 
Protection Agency (``EPA'') and Theodore Zagaeski (``Settling Party''). 
Under the terms of the proposed Agreement, Zagaeski will allow EPA to 
access and use up to 200,000 cubic yards of borrow material. Zagaeski 
will also allow continued access to the Site and agree to implement 
institutional controls at the Site. In exchange for this consideration, 
EPA will grant Zagaeski a covenant not to sue under sections 106 and 
107(a) of CERCLA with regard to the site. Additionally, Zagaeski will 
be entitled to contribution protection for ``matters addressed'' in the 
Agreement.
    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 One 
Congress Street, Boston, MA 02214.

DATES: Comments must be submitted on or before September 20, 2004.

ADDRESSES: Comments should be addressed to the Regional Hearing Clerk, 
U.S. Environmental Protection Agency, Region I, One Congress Street, 
Suite 1100, Mailcode RAA, Boston, Massachusetts 02203, and should refer 
to: In re: Elizabeth Mine Superfund Site, U.S. EPA Docket No. CERCLA-
01-2001-0054.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed Consent 
Agreement can be obtained from Steven Schlang, U.S. Environmental 
Protection Agency, Region I, One Congress Street, Mailcode SES, Boston, 
Massachusetts 02214, (617) 918-1773.

    Dated: August 12, 2004.
Susan Studlien,
Director of Office of Site Remediation and Restoration, Region I.
[FR Doc. 04-19151 Filed 8-19-04; 8:45 am]

BILLING CODE 6560-50-P