[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Notices]
[Page 10768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-67]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8534-9]
Proposed CERCLA Agreement and Covenant Not To Sue the State of
Montana
AGENCY: Environmental Protection Agency.
ACTION: Notice and Request for Public Comment.
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SUMMARY: Notice is hereby given of a proposed Agreement and Covenant
Not To Sue the State of Montana concerning the McLaren Tailings Site at
Cooke City, Park County, Montana. This Agreement is entered into
pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601 et seq.,
and the authority of the Attorney General of the United States to
compromise and settle claims of the United States. The State of Montana
Department of Environmental Quality (``MDEQ'') enters into this
Agreement pursuant to CERCLA, the Montana Comprehensive Environmental
Cleanup and Responsibility Act (``CECRA''), as amended, 75-10-701 et
seq., Montana Code Annotated (``MCA''); Title IV of the Surface Mining
control and Reclamation Act of 1977 (``SMCRA''), 30 U.S.C. 1231 et
seq., and Title 82, Chapter 4, Part 3 MCA.
This Agreement and Covenant Not to Sue (``Agreement''), is designed
to settle and resolve MDEQ's potential liability for existing
contamination at the Site, which would otherwise result from its
acquisition of the Site.
Opportunity for Comment: For thirty (30) days following the date of
publication of this notice, the Agency will consider all comments
received, and may modify or withdraw its consent to the Agreement if
comments received disclose facts or considerations which indicate that
the Agreement is inappropriate, improper, or inadequate. The Agency's
response to any comments received will be available for public
inspection at EPA Region 8's Central Records Center, 1595 Wynkoop
Street, 3rd Floor, in Denver, Colorado.
DATES: Comments must be submitted on or before March 31, 2008.
ADDRESSES: The proposed Agreement and additional background information
relating to the settlement are available for public inspection at EPA
Region 8's Central Records Center, 1595 Wynkoop Street, 3rd Floor, in
Denver, Colorado. Comments and requests for a copy of the proposed
Agreement should be addressed to Carol Pokorny (8ENF-RC), Technical
Enforcement Program, U.S. Environmental Protection Agency, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, and should reference the McLaren
Tailings Site Agreement and Covenant Not to Sue the State of Montana
and the EPA docket number, CERCLA-08-2008-0004.
FOR FURTHER INFORMATION CONTACT: Carol Pokorny, Enforcement Specialist
(8ENF-RC), Technical Enforcement Program, U.S. Environmental Protection
Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129,(303) 312-
6970.
SUPPLEMENTARY INFORMATION: Regarding the proposed Agreement: In
accordance with CERCLA, notice is hereby given that the terms of the
Agreement have been agreed to by the U.S. Environmental Protection
Agency, the U.S. Department of Justice, and the State of Montana
Department of Environmental Quality. By the terms of the proposed
Agreement, in exchange for the United States' Covenant Not to Sue, MDEQ
agrees to acquire the Site, at no cost to the United States, and agrees
to implement the cleanup activities and the Institutional Controls for
the Site.
It is so Agreed:
Dated: February 21, 2008.
Andrew M. Gaydosh,
Assistant Regional Administrator, Office of Enforcement, Compliance,
and Environmental Justice, U.S. Environmental Protection Agency, Region
8.
[FR Doc. E8-3802 Filed 2-27-08; 8:45 am]
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