[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]
[Page 77689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-91]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8754-3]
Brown & Bryant Superfund Site; Notice of Proposed CERCLA
Administrative Settlement Agreement and Order on Consent
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), the EPA is hereby providing notice of
a proposed administrative settlement agreement and order on consent
(``Settlement Agreement'') with Union Pacific Railroad Company and BNSF
Railway Company (``the Respondents'') concerning the Brown & Bryant
Superfund Site in Arvin, California (``Site''). Section 122(h) of
CERCLA, 42 U.S.C. 9622(h), provides EPA with the authority to enter
into administrative settlements for claims for costs incurred by EPA
under CERCLA.
The Settlement Agreement resolves certain claims under Sections 106
and 107 of CERCLA, 42 U.S.C. 9606, 9607. Under the Settlement
Agreement, each Respondent will pay EPA $492,500, for a total of
$985,000 (``Settled Response Costs''). Respondents are jointly and
severally liable for the total amount due under the Settlement
Agreement.
The Settled Response Costs will be deposited in the Brown & Bryant
Superfund Site Special Account within the EPA Hazardous Substance
Superfund. EPA will use all Settled Response Costs in the Brown &
Bryant Superfund Site Special Account to relocate Arvin City Well 1, as
the first phase of the remedy selected in the Record of Decision issued
on September 30, 2007. If any portion of the Settled Response Costs
remains in the Brown & Bryant Superfund Site Special Account after full
implementation of this work, EPA will, after consultation with the
Respondents, apply such funds for other response costs at or in
connection with the Site. In the event that there are no additional
costs at the Site to which the funds can be applied, EPA may transfer
the funds to the EPA Hazardous Substance Superfund.
The Settlement Agreement may be examined at the following EPA Web
site: http://www.epa.gov/region09/brown&bryant. The Settlement
Agreement also may be examined at the U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street, Office of Regional Counsel, San
Francisco, California 94105, and also at the public information
repository located at the Kern County Library, Arvin Branch, 201 Campus
Drive, Arvin, California 93203. A paper or electronic copy of the
Settlement Agreement may also be obtained from Joshua Wirtschafter, who
can be contacted by mail at U.S. Environmental Protection Agency Region
IX, 75 Hawthorne Street (mail code ORC-3), San Francisco, California
94105-3901, by telephone at (415) 972-3912, by fax at (415) 947-3570,
or by e-mail at Wirtschafter.Joshua@epa.gov.
DATES: EPA must receive comments by January 20, 2009 relating to the
Settlement Agreement. EPA will consider all comments it receives during
this period, and may not consent to the settlement if any comments
disclose facts or considerations indicating that the settlement is
inappropriate, improper, or inadequate.
ADDRESSES: Written comments may be submitted to Joshua Wirtschafter by
mail, fax, or e-mail to the U.S. Environmental Protection Agency Region
IX, 75 Hawthorne Street (mail code ORC-3), San Francisco, California
94105-3901, by telephone at (415) 972-3912, by fax at (415) 947-3570,
or by e-mail at Wirtschafter.Joshua@epa.gov.
FOR FURTHER INFORMATION CONTACT: Additional information about the Site
and about the proposed Settlement Agreement may be obtained by
contacting Joshua Wirtschafter at (415) 972-3912.
Dated: December 8, 2008.
Nancy Lindsey,
Acting Director, Superfund Division, Region IX.
[FR Doc. E8-30200 Filed 12-18-08; 8:45 am]
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