81 FR 39263 - Proposed Administrative Settlement 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 of 1986; In Re: Ely Copper Mine Superfund Site, Located in Vershire, Vermont

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range		39263-39264
FR Document		2016-14296

The EPA is hereby providing notice of a proposed settlement agreement concerning the Ely Copper Mine Superfund Site in Vershire, Vermont. The settlement agreement is entered into pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 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. The proposed settlement agreement is with the following parties: Green Crow Corporation (``Green Crow'') and Dwight Hill Forest, LLC (``Dwight Hill'') (together the ``settling parties''). Under the proposed settlement, Green Crow, a company specializing in the timberland and wood products industries, will effectuate transfer of the main site property to Dwight Hill, but remain involved in the timber harvesting and management of the property. Green Crow will also be responsible for seven years of monitoring and thirty years of maintenance of the remedy at the site. In addition, the proposed settlement requires the settling parties to: Allow EPA to remove and use borrow material located on the site property and on an adjacent property owned by Green Crow, provide EPA and its contractors access to the site property and Green Crow's adjacent property, and prepare and record any documents necessary to implement institutional controls. The proposed settlement includes a covenant not to sue the settling parties pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a). 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 the US EPA Region 1 OSRR Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109.

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39263-39264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14296]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9947-82-Region 1]


Proposed Administrative Settlement 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 of 1986; In Re: Ely Copper Mine Superfund Site, 
Located in Vershire, Vermont

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: The EPA is hereby providing notice of a proposed settlement 
agreement concerning the Ely Copper Mine Superfund Site in Vershire, 
Vermont. The settlement agreement is entered into pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
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. The proposed settlement agreement is with 
the following parties: Green Crow Corporation (``Green Crow'') and 
Dwight Hill Forest, LLC (``Dwight Hill'') (together the ``settling 
parties''). Under the proposed settlement, Green Crow, a company 
specializing in the timberland and wood products industries, will 
effectuate transfer of the main site property to Dwight Hill, but 
remain involved in the timber harvesting and management of the 
property. Green Crow will also be responsible for seven years of 
monitoring and thirty years of maintenance of the remedy at the site. 
In addition, the proposed settlement requires the settling parties to: 
Allow EPA to remove and use borrow material located on the site 
property and on an adjacent property owned by Green Crow, provide EPA 
and its contractors access to the site property and Green Crow's 
adjacent property, and prepare and record any documents necessary to 
implement institutional controls. The proposed settlement includes a 
covenant not to sue the settling parties pursuant to Sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a).
    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

[[Page 39264]]

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 the US EPA 
Region 1 OSRR Records and Information Center, 5 Post Office Square, 
Suite 100, Boston, MA 02109.

DATES: Comments must be submitted on or before July 18, 2016.

ADDRESSES: Comments should be addressed to the Regional Hearing Clerk, 
U.S. Environmental Protection Agency, Region I, 5 Post Office Square, 
Suite 100, Mailcode ORA18-1, Boston, MA 02109 and should refer to: In 
re: Green Crow Corporation, U.S. EPA Region 1 Docket No. CERCLA-01-
2016-0001.

FOR FURTHER INFORMATION CONTACT: The proposed settlement and additional 
background information relating to the settlement are available for 
public inspection at the Vershire Town Hall, 6894 VT Rt. 113, Vershire, 
VT or at the US EPA Region 1 OSRR Records and Information Center, 5 
Post Office Square, Suite 100, Boston, MA 02109. In addition, a copy of 
the proposed settlement agreement can be obtained from Ann Gardner, 
U.S. Environmental Protection Agency, Region I, 5 Post Office Square, 
Suite 100, Mailcode OES04-4, Boston, MA 02109-3912, or by email at 
[email protected]. Additional information on the Ely Copper Mine 
Superfund Site can be found through the U.S. EPA Region I Web site at 
http://www.epa.gov/region1/cleanup/index.html.

    Dated: June 2, 2016.
Bryan Olson,
Director, Office of Site Remediation and Restoration, U.S. EPA, Region 
1.
[FR Doc. 2016-14296 Filed 6-15-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39263

information about dockets generally, is regulations, and policies. To help ENVIRONMENTAL PROTECTION
available at http://www.epa.gov/ address potential environmental justice AGENCY
dockets. issues, the Agency seeks information on
[FRL–9947–82–Region 1]
FOR FURTHER INFORMATION CONTACT: any groups or segments of the
Susan Lewis, Registration Division population who, as a result of their Proposed Administrative Settlement
(7505P), Office of Pesticide Programs, location, cultural practices, or other Agreement and Covenant Not To Sue
Environmental Protection Agency, 1200 factors, may have atypical or Pursuant to the Comprehensive
Pennsylvania Ave. NW., Washington, disproportionately high and adverse Environmental Response,
DC 20460–0001; main telephone human health impacts or environmental Compensation, and Liability Act of
number: (703) 305–7090; email address: effects from exposure to the pesticide 1980, as Amended by the Superfund
RDFRNotices@epa.gov. discussed in this document, compared Amendments and Reauthorization Act
to the general population. of 1986; In Re: Ely Copper Mine
SUPPLEMENTARY INFORMATION:
II. What action is the Agency taking? Superfund Site, Located in Vershire,
I. General Information Vermont
A. Does this action apply to me? Under section 18 of FIFRA, 7 U.S.C.
136p, at the discretion of the EPA AGENCY: U.S. Environmental Protection
You may be potentially affected by Administrator, a federal or state agency Agency (EPA).
this action if you are an agricultural may be exempted from any provision of ACTION: Notice of proposed settlement
producer, food manufacturer, or FIFRA if the EPA Administrator agreement; request for public comment.
pesticide manufacturer. The following determines that emergency conditions
list of North American Industrial SUMMARY: The EPA is hereby providing
exist which require the exemption. The notice of a proposed settlement
Classification System (NAICS) codes is Idaho, Indiana, Michigan, Oregon,
not intended to be exhaustive, but rather agreement concerning the Ely Copper
Washington, and Wisconsin Mine Superfund Site in Vershire,
provides a guide to help readers Departments of Agriculture have
determine whether this document Vermont. The settlement agreement is
requested the EPA Administrator to entered into pursuant to the
applies to them. Potentially affected issue specific exemptions for the use of
entities may include: Comprehensive Environmental
pyridate on mint (peppermint and Response, Compensation, and Liability
• Crop production (NAICS code 111). spearmint) to control redroot pigweed
• Animal production (NAICS code Act, as amended (‘‘CERCLA’’), 42 U.S.C.
and kochia. Information in accordance 9601 et seq., and the authority of the
112). with 40 CFR part 166 was submitted as
• Food manufacturing (NAICS code Attorney General of the United States to
part of this request. The applicants’ compromise and settle claims of the
311).
submissions which provide an
• Pesticide manufacturing (NAICS United States. The proposed settlement
explanation of the need for the agreement is with the following parties:
code 32532).
exemption as well as the proposed use Green Crow Corporation (‘‘Green
B. What should I consider as I prepare pattern can be found at http:// Crow’’) and Dwight Hill Forest, LLC
my comments for EPA? www.regulations.gov in their section 18 (‘‘Dwight Hill’’) (together the ‘‘settling
1. Submitting CBI. Do not submit this emergency exemption application parties’’). Under the proposed
information to EPA through requests for use of pyridate on mint to settlement, Green Crow, a company
regulations.gov or email. Clearly mark control redroot pigweeds and kochia. specializing in the timberland and wood
the part or all of the information that This notice does not constitute a products industries, will effectuate
you claim to be CBI. For CBI decision by EPA on the applications transfer of the main site property to
information in a disk or CD–ROM that themselves. The regulations governing Dwight Hill, but remain involved in the
you mail to EPA, mark the outside of the FIFRA section 18 require publication of timber harvesting and management of
disk or CD–ROM as CBI and then a notice of receipt of an application for the property. Green Crow will also be
identify electronically within the disk or specific exemptions proposing use of a responsible for seven years of
CD–ROM the specific information that pesticide that was voluntarily canceled monitoring and thirty years of
is claimed as CBI. In addition to one in 2004, and which is now considered maintenance of the remedy at the site.
complete version of the comment that to be unregistered under the Federal In addition, the proposed settlement
includes information claimed as CBI, a Insecticide, Fungicide, and Rodenticide requires the settling parties to: Allow
copy of the comment that does not Act (FIFRA). EPA to remove and use borrow material
contain the information claimed as CBI This notice provides an opportunity located on the site property and on an
must be submitted for inclusion in the for public comment on the six adjacent property owned by Green
public docket. Information so marked applications. The Agency, will review Crow, provide EPA and its contractors
will not be disclosed except in and consider all comments received access to the site property and Green
accordance with procedures set forth in during the comment period in Crow’s adjacent property, and prepare
40 CFR part 2. determining whether to issue specific and record any documents necessary to
2. Tips for preparing your comments. exemptions requested by the Idaho, implement institutional controls. The
When preparing and submitting your Indiana, Michigan, Oregon, Washington, proposed settlement includes a
comments, see the commenting tips at and Wisconsin Departments of covenant not to sue the settling parties
http://www.epa.gov/dockets/ pursuant to Sections 106 and 107(a) of
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Agriculture.
comments.html. Authority: 7 U.S.C. 136 et seq. CERCLA, 42 U.S.C. 9606 and 9607(a).
3. Environmental justice. EPA seeks to For thirty (30) days following the date
achieve environmental justice, the fair Dated: June 8, 2016. of publication of this notice, the Agency
treatment and meaningful involvement Daniel J. Rosenblatt, will receive written comments relating
of any group, including minority and/or Acting, Director, Registration Division, Office to the settlement. The Agency will
low income populations, in the of Pesticide Programs. consider all comments received and
development, implementation, and [FR Doc. 2016–14288 Filed 6–15–16; 8:45 am] may modify or withdraw its consent to
enforcement of environmental laws, BILLING CODE 6560–50–P the settlement if comments received

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Document Created: 2016-06-16 00:37:27
Document Modified: 2016-06-16 00:37:27

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of proposed settlement agreement; request for public comment.
Dates		Comments must be submitted on or before July 18, 2016.
Contact		The proposed settlement and additional background information relating to the settlement are available for public inspection at the Vershire Town Hall, 6894 VT Rt. 113, Vershire, VT or at the US EPA Region 1 OSRR Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109. In addition, a copy of the proposed settlement agreement can be obtained from Ann Gardner, U.S. Environmental Protection Agency, Region I, 5 Post Office Square, Suite 100, Mailcode OES04-4, Boston, MA 02109-3912, or by email at [email protected] Additional information on the Ely Copper Mine Superfund Site can be found through the U.S. EPA Region I Web site at http://www.epa.gov/region1/cleanup/index.html.
FR Citation		81 FR 39263