[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Notices]
[Pages 15361-15362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7909]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6318-1]
Notice of Proposed Administrative Settlement Pursuant to the
Resource Conservation and Recovery Act
AGENCY: Environmental Protection Agency.
ACTION: Notice; Request for public comment.
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SUMMARY: In accordance with Section 7003(d) of the Resource
Conservation and Recovery Act, 42 U.S.C. 9673(d), notice is hereby
given of a proposed administrative settlement (``Consent Agreement'')
concerning the Gila Tire Pile on the Gila River Indian Community Land
located within the State of Arizona with the following parties:
Maricopa County, Pinal County, and Blackwater Industrial Development
Corporation. The settlement requires the respondents to remove the
unburned tires from the site to an approved landfill facility no later
than ten (10) days from the effective date of the Consent Agreement and
to form a Working Committee with the Gila River Indian Community to
establish a plan to remove and dispose of the burned tires no later
than 160 days from the effective date of the Consent Agreement. In
addition, the Consent Agreement requires Respondents to sample and
characterize the burned tires within six (6) months from the date the
Working Committee is formed, and provide to EPA, within twelve (12)
months from the date that the Working Committee characterizes the
burned tires, a work plan that identifies the preferred corrective
measure and a schedule for implementation of the corrective measure.
The corrective measure proposed for the burned tires shall be subject
to EPA approval. Prior to approval, EPA will make the proposal
available to the public for review and comment for thirty (30) days.
After the close of the public comment period, EPA shall approve or
modify the corrective measure. EPA shall then provide the respondents a
sixty (60) day period to negotiate a modification of the agreement to
include the implementation of the corrective measure. If agreement is
not reached during this period, EPA reserves all rights it has to
implement the corrective measure, including the issuance of a
[[Page 15362]]
unilateral administrative order directing respondents to implement the
corrective measure. This settlement includes an EPA covenant not to sue
the settling parties pursuant to Section 7003 of the Resource
Conservation and Recovery Act, 42 U.S.C. 6973. For thirty (30) days
following the date of publication of this notice, the Agency will
receive written comment on 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 consideration which
indicate that the proposed settlement is inappropriate, improper or
inadequate. The Agency's response to any comments received will be
available for public inspection at the Chandler Public Library located
at 22 South Delaware Street, Chandler, AZ 85244 and at the U.S.
Environmental Protection Agency Region 9 located at 75 Hawthorne
Street, San Francisco, CA 94105 (in the library on the 13th floor).
Commenters may request an opportunity for a public meeting in the
affected area in accordance with Section 7003(d) of RCRA, 42 U.S.C.
Section 6973(d).
DATES: Comments must be submitted on or before April 30, 1999.
ADDRESSES: The proposed settlement and additional background
information relating to the settlement are available for public
inspection at 75 Hawthorne Street, San Francisco, CA 94105. A copy of
the proposed settlement may be obtained from Jean Killpack, Project
Coordinator, 75 Hawthorne Street, San Francisco, California 94105,
(415) 744-2033. Comments should reference the Gila Tire Pile, located
on the Gila River Indian Community Land within the State of Arizona and
EPA docket number #7003-09-99-003. Comments should be addressed to Rich
Vaille, Chief, State Programs and Compliance Branch, Waste Management
Division, 75 Hawthorne Street, San Francisco, CA 94105.
FOR FURTHER INFORMATION CONTACT: Jean Killpack, Project Coordinator, 75
Hawthorne Street, San Francisco, CA 94105, (415) 744-2033.
SUPPLEMENTARY INFORMATION: On July 15, 1994, a user agreement was
signed by Colinas Tire Recovery, Inc., and Blackwater Industrial
Development Corporation, allowing for temporary storage of shredded
tires by Colinas Tire Recovery on 10 acres of land located on the Gila
River Indian Community reservation. The site is located two miles north
of the City of Coolidge. During the year that followed the signing of
the lease, approximately three million shredded tires (32,362 tons)
collected from 14 Arizona Counties (excluding Pima County) were placed
in 25 piles on the land by Colinas and its subcontractors.
On August 1, 1997, approximately two million tires caught on fire
at the site. Thick black smoke, intense heat, high winds and dust
created extreme conditions that hampered fire fighting efforts. The
Gila River Indian Community, Pinal County, and the State of Arizona
declared a State of Emergency. Air quality concerns and thick smoke
required the evacuation of more than 300 people from the vicinity. To
date, the burned tires still smolder.
EPA notified several Arizona Counties, two transporters, and
Blackwater Industrial Development Corporation on June 1, 1998 that they
were potentially responsible parties in the cleanup of the Gila Tire
Pile, and requested a good faith offer to cleanup the site. On
September 25, 1998, the Arizona counties, through Pinal County,
submitted an offer to EPA which addressed the removal of the unburned
tires and the cleanup of the burned tires. EPA accepted this offer and
met with the Arizona Counties on December 8, 1998. EPA established a 60
day negotiation period to negotiate the terms of a Consent Agreement
which reflected the September 25th good faith offer by the Counties. At
the close of the 60 day period (February 8, 1999), EPA had not reached
settlement with the Arizona Counties or transporters by the negotiation
period deadline. EPA did reach a settlement with Respondent Blackwater
Industrial Development Corporation.
On February 18, 1999, EPA issued a unilateral enforcement order to
seven (7) Arizona Counties (Cochise, Coconino, Pinal, Maricopa, Mohave,
Yavapai, Yuma) and two transporters (Colinas Tire Recovery, Inc., and
REPCO Waste Recovery, Inc.) to remove the unburned tires and to submit
a burned tire plan within certain time frames. The effective date of
this order is March 19, 1999. However, prior to the unilateral
enforcement order becoming effective, several respondents joined
Blackwater Industrial Development Corporation and entered into the
Consent Agreement with EPA. EPA has rescinded the unilateral
enforcement order on March 18, 1999, and the Consent Agreement
supersedes the enforcement order. EPA will issue a revised unilateral
enforcement order to non-settling Respondents, as necessary.
Dated: March 22, 1999.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 99-7909 Filed 3-30-99; 8:45 am]
BILLING CODE 6560-50-P
