[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Page 10754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4283]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8286-4]


Notice of Proposed Administrative Settlement Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency (EPA).

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 (``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, 
notice is hereby given of a proposed administrative settlement 
resolving, subject to reservations and limitations, liability that 
owners of the St. Joe Chat Pile and of the underlying property located 
in Ottawa County, Oklahoma, might otherwise incur under CERCLA Sections 
106 or 107, 42 U.S.C. 9606, or 9607, arising from the sale of chat on 
the property in question. The settlement is entered into by the United 
States on behalf of the U.S. Environmental Protection Agency (EPA).
    Chat is a gravel-like mine refuse or mine tailings that is 
generally contaminated with the hazardous substances lead, cadmium and 
zinc. Approximately 49 million cubic yards of chat, including the St. 
Joe Pile, pollute the Tar Creek Superfund Site (Site). The Site is 
located in an approximately 40-square-mile area in northern Ottawa 
County, Oklahoma. The Site was mined for lead and zinc ore from the 
late 1800's through the early 1970's, and chat is part of the waste 
material left behind by the mining and milling activity. EPA has 
determined that one of the best ways to address contaminated chat piles 
on the Site is to sell and remove the chat for use in a manner that 
will not present a threat to human health or to the environment. Sale 
and removal of the chat will reduce the costs of additional response 
actions for the Site. The purpose of this Settlement Agreement is to 
encourage the sale of the chat in the St. Joe Chat Pile, by resolving 
certain liabilities of those with interests in the chat or in the 
property containing the chat, thereby helping free the chat for sale.
    Under the settlement, settlors (chat owners and property owners) 
agree to execute an agreement for the sale of the chat pile (if they 
own an interest in the chat), to provide access, and to refrain from 
activities that would inhibit sales. The settlement also includes 
settlors' agreement not to sue the United States regarding any direct 
or indirect claim for reimbursement from the EPA Hazardous Substance 
Superfund pursuant to Internal Revenue Code, 26 U.S.C. 9507, through 
CERCLA Sections 106(b)(2), 111, 112, and 113, any claim under CERCLA 
Sections 107 or 113, or under any citizen suit provision of CERCLA, 42 
U.S.C. 9659, the Resource Conservation and Recovery Act, 42 U.S.C. 
6972, the Clean Air Act, 42 U.S.C. 7604, the Clean Water Act, 33 U.S.C. 
1365, or any other similar statues or other applicable environmental 
laws.
    In return, subject to reservations and limitations, the United 
States covenants not to sue or take civil judicial or administrative 
action against the settlors pursuant to Sections 106 and 107 of CERCLA, 
42 U.S.C. 9606, and 9607, or other applicable law, for liability of 
response actions and/or claims for natural resource damages arising 
from the sale of the chat.
    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 1445 Ross 
Avenue, Dallas, Texas 75202-2733.

DATES: Comments must be submitted on or before April 9, 2007.

ADDRESSES: The proposed settlement and additional background 
information relating to the settlement are available for public 
inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the 
proposed settlement may be obtained from Kenneth Talton (6SF-TE), U.S. 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733 at (214) 665-
7475. Comments should reference the Tar Creek Superfund Site, Ottawa 
County, Oklahoma, EPA Docket Number 06-12-06 and should be addressed to 
Kenneth Talton at the address listed above.

FOR FURTHER INFORMATION CONTACT: James Costello (6RC-S), U.S. EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733 at (214) 665-8045.

    Dated: March 1, 2007.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E7-4283 Filed 3-8-07; 8:45 am]
BILLING CODE 6560-50-P