[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Notices]
[Page 44180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20161]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA R9-2017-04; FRL-9967-31-Region 9]


Notice of Proposed Administrative Settlement Agreement and Order 
on Consent for Removal Action for the Cordero-McDermitt Calcine Pile 
Site, McDermitt, Nevada

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of proposed settlement; 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''), notice 
is hereby given that the Environmental Protection Agency (``EPA''), 
United States Department of the Interior (``DOI'') and Bureau of Land 
Management (``BLM''), an agency of DOI, have entered into a proposed 
settlement, embodied in an Administrative Settlement Agreement and 
Order on Consent for Removal Action (``Settlement Agreement''), with 
Barrick Gold, U.S., Inc. (``Barrick''). Under the Settlement Agreement, 
Barrick agrees to carry out a removal action involving the grading, 
capping and fencing of a mercury calcine tailings pile located at the 
former Cordero and McDermitt mercury mine sites near McDermitt, Nevada. 
In addition, Barrick agrees to pay EPA compromised past costs incurred 
by EPA at the site and future response costs incurred by BLM and EPA 
during the cleanup.

DATES:  Comments must be received on or before October 23, 2017.

ADDRESSES:  The Settlement Agreement is available for public inspection 
at the United States Environmental Protection Agency, Superfund Records 
Center, 75 Hawthorne Street, Room 3110, San Francisco, California 
94105. Telephone: 415-947-8717. Comments should be addressed to Larry 
Bradfish, Assistant Regional Counsel, Office of Regional Counsel (ORC-
3), U.S. Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105; or Email: <a href="/cdn-cgi/l/email-protection#a7c5d5c6c3c1ced4cf89cbc6d5d5dee7c2d7c689c0c8d1"><span class="__cf_email__" data-cfemail="6103130005070812094f0d00131318210411004f060e17">[email protected]</span></a>; and should 
reference the Cordero-McDermitt Mine Calcine Pile Site, EPA R9-2017-04. 
EPA's response to any comments received will be available for public 
inspection at the same address.

FOR FURTHER INFORMATION CONTACT:  Larry Bradfish, Assistant Regional 
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; Email: 
<a href="/cdn-cgi/l/email-protection#caa8b8abaeaca3b9a2e4a6abb8b8b38aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="b5d7c7d4d1d3dcc6dd9bd9d4c7c7ccf5d0c5d49bd2dac3">[email protected]</span></a>; Phone (415) 972-3934.

SUPPLEMENTARY INFORMATION:  Notice of this proposed administrative 
settlement is made in accordance with the Section 122(i) of CECLA. The 
Settlement Agreement concerns work to be done by Barrick in connection 
with the Cordero-McDermitt Calcine Pile Site (``Site''), located near 
the town of McDermitt, Nevada. Parties to the Settlement Agreement 
include the EPA, BLM, DOI, and Barrick. The Site that is the subject of 
this Settlement Agreement includes all portions of the Cordero Mercury 
Mine calcine tailings pile where CERCLA hazardous substances are 
located. Under this Settlement Agreement, Barrick agrees to carry out a 
removal action involving the grading, capping and fencing of the 
calcine tailings pile. The performance of this work by Barrick shall be 
approved and monitored by BLM in consultation with DOI and EPA. The 
settlement includes a covenant not to sue Barrick pursuant to Sections 
106 or 107(a) of CERCLA.
    Under the Settlement Agreement, Barrick also agrees to pay EPA 
$230,000 in past response costs. This represents a compromise payment 
for past costs incurred by EPA. In addition, Barrick agrees to pay BLM 
$50,000 in prepayment of anticipated future response costs. Both EPA 
and BLM are entitled to reimbursement of additional future response 
costs, but EPA will not seek reimbursement for the first $30,000 of any 
future response costs that it incurs. EPA will consider all comments 
received on the Settlement Agreement in accordance with the DATES and 
ADDRESSES sections of this Notice and may modify or withdraw its 
consent to the Settlement Agreement if comments received disclose facts 
or considerations that indicate that the settlement is inappropriate, 
improper, or inadequate.

    Dated: August 16, 2017.
Enrique Manzanilla,
Director, Superfund Division, EPA Region 9.
[FR Doc. 2017-20161 Filed 9-20-17; 8:45 am]
BILLING CODE 6560-50-P


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