[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13187]
[[Page Unknown]]
[Federal Register: May 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4889-4]
Proposed 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
AGENCY: U.S. Environmental Protection Agency.
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended by the Superfund
Amendments and Reauthorization Act of 1986 (``CERCLA''), 42 U.S.C. 9601
et seq., notice is hereby given that a proposed Agreement and Covenant
not to Sue associated with the Old Works/East Anaconda Development Area
Operable Unit of the Anaconda Smelter Superfund Site in Deer Lodge
County, Montana, was executed by the Agency and the State of Montana
and approved by the Department of Justice on April 29, 1994. The
Agreement and Covenant not to Sue would resolve certain potential EPA
claims under sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,
and State of Montana claims under the Comprehensive Environmental
Cleanup and Responsibility Act, Mont. Code Ann. 75-10-701, et seq.
against the consolidated city/county government of the City of Anaconda
and Deer Lodge County and the Old Works Golf Course Authority (the
``Purchasers''). The settlement would require the Purchasers to
implement the Anaconda-Deer Lodge Development System, perform
operations and maintenance as the contractor of the responsible party,
the Atlantic Richfield Company, and enforce restrictive covenants on
the property at the site.
For thirty (30) days following the date of publication of this
notice, the Agency will receive written comments relating to the
proposed settlement. The agency's response to any comments received
will be available for public inspection at the U.S. Environmental
Protection Agency, Region VIII, Montana Office, Federal Building, 301
S. Park, Drawer 10096, Helena, Montana 59626-0096.
DATES: Comments must be submitted by June 30, 1994.
ADDRESSES: Availability: The proposed agreement and additional
background information relating to the settlement are available for
inspection at the U.S. Environmental Protection Agency, Region VIII,
Montana Office, Federal Building, 301 S. Park, Drawer 10096, Helena,
Montana 59626-0096, during normal business hours, and at the Hearst
Free Library, Fourth and Main, Anaconda, Montana, 59711, from 10 a.m.
to 7 p.m., Tuesday - Thursday and from 10 a.m. to 5 p.m. Friday and
Saturday. A copy of the proposed agreement may be obtained from Charles
Coleman, U.S. Environmental Protection Agency, Region VIII, Montana
Office, Federal Building, 301 S. Park, Drawer 10096, Helena, Montana
59626-0096. Comments should reference the ``Old Works/East Anaconda
Development Area Operable Unit of the Anaconda Smelter Superfund Site''
and ``EPA Docket No. CERCLA VIII-94-12'' and should be forwarded to
Charles Coleman at the above address.
FOR FURTHER INFORMATION CONTACT: Andrew J. Lensink (8RC), Assistant
Regional Counsel, U.S. Environmental Agency, Region VIII, 999 18th
Street, suite 500, Denver, Colorado 80202-2466, (303) 294-7574.
Dated: May 12, 1994.
Robert L. Duprey,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region VIII.
[FR Doc. 94-13187 Filed 5-27-94; 8:45 am]
BILLING CODE 6560-50-P