Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Notices 26353 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R05–SFUND–2022–0261; FRL–9619– 

01–R5] 

Proposed CERCLA Administrative 

Prospective Purchaser Agreement and 

Proposed CERCLA Administrative 

Settlement Agreement [EPA 

Agreement Nos. V–W–22–C–004 and 

V–W–22–C–003]; Proposed 

Explanation of Significant Differences; 

U.S. Smelter and Lead Refinery, Inc. 

Site, East Chicago, Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlements; 

notice of explanation of significant 

differences; request for comment. 

SUMMARY: In accordance with the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) and the terms of the 

proposed settlement agreements, the 

Environmental Protection Agency 

(EPA), Region 5, hereby gives notice of 

two proposed administrative 

settlements concerning the U.S. Smelter 

and Lead Refinery, Inc., Site in East 

Chicago, Indiana (the ‘‘Site’’): (1) A 

proposed administrative Prospective 

Purchaser Agreement (the ‘‘PPA’’); and 

(2) a proposed Administrative 

Settlement Agreement and Order on 

Consent (the ‘‘ASAOC’’). The EPA 

proposes to enter into the PPA with 

Industrial Development Advantage of 

East Chicago, LLC as purchaser 

(‘‘Purchaser’’). The PPA requires 

Purchaser to perform remedial action on 

a portion of the Site. The EPA proposes 

to enter into the ASAOC with Atlantic 

Richfield Company, The Chemours 

Company FC, LLC, E.I. du Pont de 

Nemours and Company, U.S. Smelter 

and Lead Refinery, Inc., and United 

States Metals Refining Company as 

respondents (‘‘Respondents’’) and with 

Arava Natural Resources Company, Inc., 

Mining Remedial Recovery Company, 

and Mueller Industries, Inc., as 

additional covered parties (‘‘Additional 

Covered Parties’’). The ASAOC requires 

the Respondents to pay $18,000,000 in 

past response costs and provide 

financial assurance for the remedial 

action to be performed by Purchaser 

under the PPA. The State of Indiana 

joins the EPA as a party to both 

agreements. The EPA is also providing 

notice of a proposed Explanation of 

Significant Differences (ESD) for the 

portion of the Site that is the subject of 

the PPA. The EPA plans to finalize the 

proposed ESD after the two factual 

prerequisites for the selected contingent 

remedy provided in the Record of 

Decision Amendment dated March 24, 

2020 have been met. For thirty (30) days 

following the date of publication of this 

notice, the EPA will receive written 

comments on the settlements and the 

proposed ESD. The EPA will consider 

all comments received and may modify 

or withdraw its consent to the 

settlements if comments received 

disclose facts or considerations that 

indicate that the proposed settlements 

and the proposed ESD are 

inappropriate, improper, or inadequate. 

The EPA’s response to any comments 

received will be available for public 

inspection at https://www.epa.gov/usslead-superfund-site. 

DATES: Comments must be received on 

or before June 3, 2022. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R05– 

SFUND–2022–0261, by either of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, ATTN: Charles 

Rodriguez, External Communications 

Office (RE–19J), 77 W Jackson Blvd., 

Chicago, Illinois 60604. 

Instructions: All submissions received 

must include the Docket ID No. for this 

notice. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Steven P. Kaiser, Office of Regional 

Counsel, Environmental Protection 

Agency, telephone number: (312) 353– 

3804; email address: kaiser.steven@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Where can I view the proposed 

settlement agreements and ESD? 

The proposed settlement agreements 

and proposed ESD are available 

electronically as part of Docket ID No. 

EPA–R05–SFUND–2022–0261, at 

https://www.regulations.gov, under 

‘‘Supporting and Related Material.’’ The 

proposed settlement agreements and 

proposed ESD can also be viewed at 

https://www.epa.gov/uss-leadsuperfund-site. The proposed settlement 

agreements, proposed ESD, and related 

Site documents can be viewed in 

hardcopy at the East Chicago Public 

Library, 2401 E Columbus Drive, East 

Chicago, IN 46312, (219) 397–2453; and 

the Robert A. Pastrick Library, 1008 W 

Chicago Ave., East Chicago, IN 46312, 

(219) 397–5505. 

B. What should I know before I submit 

comments? 

By this notice, the EPA is requesting 

comment on (1) the terms of the 

proposed PPA; (2) the terms of the 

proposed ASAOC; and (3) the proposed 

ESD. The EPA has previously accepted 

public comments on the proposed plan 

subsequently adopted in the Record of 

Decision Amendment dated March 24, 

2020. The EPA’s response to comments 

on the proposed plan is available at 

https://semspub.epa.gov/work/05/ 

955458.pdf. 

Submit your comments, identified by 

Docket ID No. EPA–R05–SFUND–2022– 

0261, at https://www.regulations.gov 

(our preferred method), or the other 

method identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. The EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background Information 

This notice pertains to the U.S. 

Smelter and Lead Refinery, Inc. 

Superfund Site in East Chicago, Indiana. 

The Site is divided into two Operable 

Units, and Operable Unit 1 is further 

divided into three Zones. The portion of 

the Site affected by the proposed action 

is the area encompassed by the former 

West Calumet Housing Complex, 

Goodman Park, and a utility corridor 

located between Zone 1 and Zone 2 in 

Operable Unit 1 of the Site. This area is 

identified in the proposed agreements 

and proposed ESD as ‘‘Modified Zone 

1.’’ 

The PPA and ASAOC provide for 

remediation of contaminated soils in 


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26354 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Notices 

Modified Zone 1 to commercial/ 

industrial standards. A commercial/ 

industrial remedy is consistent with the 

contingent remedy described in the 

Record of Decision Amendment dated 

March 24, 2020 (the ‘‘ROD 

Amendment’’). The ROD Amendment 

states that, if two conditions are 

satisfied, the EPA will issue an ESD to 

confirm that these two conditions have 

been met and will change the selected 

remedy for Modified Zone 1 from a 

residential cleanup to a commercial/ 

industrial cleanup. On May 26, 2020, 

the first condition was satisfied when 

the City of East Chicago changed the 

zoning designation for Modified Zone 1 

from residential to light industrial. The 

Purchaser intends to acquire title to real 

property within Modified Zone 1 (the 

‘‘Property’’) with the intent to redevelop 

it for commercial/industrial use. This 

acquisition will satisfy the second 

condition. Once the EPA receives notice 

that the Purchaser has acquired title to 

the Property, both conditions will be 

satisfied. The EPA will then issue the 

ESD and the PPA will become effective. 

Under the proposed PPA, Purchaser will 

remediate contaminated soils at the 

Property to commercial/industrial 

criteria as required by the ROD 

Amendment. 

Under the proposed ASAOC, 

Respondents will provide financial 

assurance for the remedial action to be 

performed by Purchaser under the PPA, 

pay future federal and state oversight 

costs after application of an $800,000 

credit towards those costs, and pay 

$18,000,000 in settlement of certain 

response costs incurred by the EPA at 

the Site. The Respondents and the 

Additional Covered Parties also agree to 

waive potential claims for 

reimbursement from the Hazardous 

Substance Superfund under Section 

106(b) of CERCLA, 42 U.S.C. 9606(b). 

In both the PPA and the ASAOC, the 

EPA covenants not to sue the Purchaser, 

Respondents, and Additional Covered 

Parties pursuant to Sections 106 and 

107 of CERCLA, 42 U.S.C. 9606 and 

9607, relating to Operable Unit 1. The 

EPA’s covenants not to sue are subject 

to reservations. The settlement 

agreements also provide the Purchaser, 

Respondents, and Additional Covered 

Parties with protection from 

contribution actions or claims as 

provided by Section 113(f)(2) of 

CERCLA, 42 U.S.C. 9613(f)(2). 

The EPA is providing notice of the 

proposed ASAOC in accordance with 

Section 122(i) of CERCLA, 42 U.S.C. 

9622(i), which requires the 

Administrator to provide notice and an 

opportunity for comment when the EPA 

proposes to settle a claim pursuant to 

Section 122(h) of CERCLA, 42 U.S.C. 

9622(h). The EPA is providing notice of 

the proposed PPA in accordance with 

the terms of the PPA. Section 117(c) of 

CERCLA, 42 U.S.C. 9617(c), and 40 CFR 

300.435(c)(2)(i) require EPA to issue an 

ESD when a settlement differs in any 

significant respect but does not 

fundamentally alter the remedy selected 

in the Record of Decision with respect 

to scope, performance, or cost. A formal 

public comment period is not required 

for an ESD. 

Due to the interdependent nature of 

the three documents included in this 

notice, the EPA is requesting comment 

on all three documents simultaneously. 

The EPA will consider all comments 

received and may modify or withdraw 

its consent to the settlements if 

comments received disclose facts or 

considerations that indicate that the 

proposed settlements and proposed ESD 

are inappropriate, improper, or 

inadequate. 

Douglas Ballotti, 

Director, Superfund & Emergency 

Management Division, Region 5. 

[FR Doc. 2022–09359 Filed 5–3–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act Meetings 

TIME AND DATE: 10:00 a.m. on Thursday, 

May 5, 2022. 

PLACE: The meeting is open to the 

public. Out of an abundance of caution 

related to current and potential 

coronavirus developments, the public’s 

means to observe this Board meeting 

will be via a Webcast live on the 

internet and subsequently made 

available on-demand approximately one 

week after the event. Visit https://

youtu.be/FeRm7b-Xnss to view the 

meeting. If you need any technical 

assistance, please visit our Video Help 

page at: https://www.fdic.gov/ 

video.html. 

Observers requiring auxiliary aids 

(e.g., sign language interpretation) for 

this meeting should call 703–562–2404 

(Voice) or 703–649–4354 (Video Phone) 

to make necessary arrangements. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: Pursuant to 

the provisions of the ‘‘Government in 

the Sunshine Act’’ (5 U.S.C. 552b), 

notice is hereby given that the Federal 

Deposit Insurance Corporation’s Board 

of Directors will meet in open session to 

consider the following matter: 

Discussion Agenda: Memorandum 

and resolution re: Notice of Proposed 

Rulemaking on Revisions to the 

Community Reinvestment Act 

Regulations. 

CONTACT PERSON FOR MORE INFORMATION: 

Requests for further information 

concerning the meeting may be directed 

to Debra A. Decker, Executive Secretary 

of the Corporation, at 202–898–8748. 

Dated at Washington, DC, on May 2, 2022. 

Federal Deposit Insurance Corporation. 

James P. Sheesley, 

Assistant Executive Secretary. 

[FR Doc. 2022–09639 Filed 5–2–22; 11:15 am] 

BILLING CODE 6714–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 87 FR 23862. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Tuesday, April 26, 2022 at 

10:00 a.m. and its continuation at the 

conclusion of the open meeting on April 

28, 2022. 

CHANGES IN THE MEETING: Information the 

premature disclosure of which would be 

likely to have a considerable adverse 

effect on the implementation of a 

proposed Commission action. 

* * * * * 

CONTACT FOR MORE INFORMATION: Judith 

Ingram, Press Officer. Telephone: (202) 

694–1220. 

Authority: Government in the 

Sunshine Act, 5 U.S.C. 552b. 

Laura E. Sinram, 

Acting Secretary and Clerk of the 

Commission. 

[FR Doc. 2022–09674 Filed 5–2–22; 4:15 pm] 

BILLING CODE 6715–01–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Meetings 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: 87 FR 24162. 

PREVIOUSLY ANNOUNCED TIME AND DATE OF

THE MEETING: Thursday, April 28, 2022 

at 10:00 a.m. 

Hybrid meeting: 1050 First Street NE, 

Washington, DC (12th Floor) and 

virtual. 

CHANGES IN THE MEETING: The following 

matter was also considered: 

Audit Division Recommendation 

Memorandum on the UtePAC (A19–07). 

CONTACT PERSON FOR MORE INFORMATION: 

Judith Ingram, Press Officer. Telephone: 

(202) 694–1220. 


khammond on DSKJM1Z7X2PROD with NOTICES