83 FR 11750 - Anaconda Copper Mine, Yerington, NV: Proposed Settlement Agreement and Order on Consent

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range		11750-11751
FR Document		2018-05407

This notice announces the availability for review and comment of an administrative Settlement Agreement and Order on Consent (``Settlement'') under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), between the U.S. Environmental Protection Agency (``EPA''), and Atlantic Richfield Company regarding the Anaconda Copper Mine Site (``Site'') in Yerington, Nevada. The Settlement requires Atlantic Richfield Company to reimburse EPA $3,000,000 for Past Response Costs at the Site.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11750-11751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05407]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-SFUND-2018-08; FRL-9975-49--Region 9]


Anaconda Copper Mine, Yerington, NV: Proposed Settlement 
Agreement and Order on Consent

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability for review and comment 
of an administrative Settlement Agreement and Order on Consent 
(``Settlement'') under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (``CERCLA''), 
between the U.S. Environmental Protection Agency (``EPA''), and 
Atlantic Richfield Company regarding the Anaconda Copper Mine Site 
(``Site'') in Yerington, Nevada. The Settlement requires Atlantic 
Richfield Company to reimburse EPA $3,000,000 for Past Response Costs 
at the Site.

DATES: Comments must be received on or before April 16, 2018.

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. A copy of the Settlement is also 
available at the following link: https://semspub.epa.gov/work/09/100005264.pdf. Comments should be addressed to Dustin Minor, Assistant 
Regional Counsel, Office of Regional Counsel (ORC-3), U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 
94105; or Email: [email protected]; and should reference the 
Anaconda Copper Mine Site, EPA R9-2018-08.

FOR FURTHER INFORMATION CONTACT: Dustin Minor, Assistant Regional 
Counsel, Office of Regional Counsel (ORC-3), Environmental Protection 
Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105; tel: 
(415) 972-3888; [email protected]

SUPPLEMENTARY INFORMATION: EPA deferred the non-tribal portion of the 
Site to the Nevada Division of Environmental Protection (NDEP) on 
February 5, 2018. In addition to requiring Atlantic Richfield Company 
to reimburse EPA $3,000,000, the Settlement terminates the existing 
administrative orders referred to in the Settlement. EPA terminated the 
existing administrative orders because future

[[Page 11751]]

work at the non-tribal portion of the Site will be overseen by NDEP. 
EPA is only seeking comment on the cost recovery component of the 
Settlement. EPA will consider all comments submitted by the date set 
forth above regarding Section V. (Payment of Response Costs) and EPA 
may withhold consent from, or seek to modify, all or part of Section V. 
(Payment of Response Costs) if comments received disclose facts or 
considerations that indicate that Section V. (Payment of Response 
Costs) is inappropriate, improper, or inadequate.

    Dated: March 5, 2018.
Enrique Manzanilla,
Director, Superfund Division, U.S. Environmental Protection Agency, 
Region 9.
[FR Doc. 2018-05407 Filed 3-15-18; 8:45 am]
 BILLING CODE 6560-50-P

11750 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

documented in the docket for this action specified in Executive Order 13175 (65 ENVIRONMENTAL PROTECTION
as required by section 6(a)(3)(E) of FR 67249, November 9, 2000). AGENCY
Executive Order 12866.
G. Executive Order 13045: Protection of [EPA–R09–SFUND–2018–08; FRL–9975–
B. Paperwork Reduction Act (PRA) Children From Environmental Health 49—Region 9]
Risks and Safety Risks
In the Federal Register on March 12, Anaconda Copper Mine, Yerington, NV:
2018 (83 FR 10719) (FRL–9975–24), EPA interprets Executive Order 13045 Proposed Settlement Agreement and
EPA announced the availability of and (62 FR 19885, April 23, 1997), as Order on Consent
solicited comment on the draft ICR applying only to those regulatory
entitled ‘‘Guidance on Expanded Access AGENCY: Environmental Protection
actions that concern environmental
to TSCA Confidential Business Agency (EPA).
health or safety risks that EPA has
Information’’ (EPA ICR No. 2570.01 and reason to believe may ACTION: Notice of proposed settlement;
OMB Control No. 2070–(new)). The ICR disproportionately affect children, per request for public comment.
identifies the information collection the definition of ‘‘covered regulatory
activities contained in the draft SUMMARY: This notice announces the
action’’ in section 2–202 of Executive availability for review and comment of
guidance and provides EPA’s estimates Order 13045. This action is not subject
for the related burden and costs. The an administrative Settlement Agreement
to Executive Order 13045 because it and Order on Consent (‘‘Settlement’’)
ICR, after addressing comments does not establish an environmental
received, will be submitted to OMB for under the Comprehensive
standard intended to mitigate Environmental Response,
review and approval under the PRA, 44 environmental health risks or safety
U.S.C. 3501 et seq. Compensation, and Liability Act of
risks. 1980, as amended (‘‘CERCLA’’), between
C. Regulatory Flexibility Act (RFA) H. Executive Order 13211: Actions the U.S. Environmental Protection
Concerning Regulations That Agency (‘‘EPA’’), and Atlantic Richfield
This action is not subject to the RFA,
Significantly Affect Energy Supply, Company regarding the Anaconda
5 U.S.C. 601 et seq. The RFA applies
Distribution, or Use Copper Mine Site (‘‘Site’’) in Yerington,
only to rules subject to notice and
Nevada. The Settlement requires
comment rulemaking requirements
This action is not a ‘‘significant Atlantic Richfield Company to
under the Administrative Procedure Act
energy action’’ as defined in Executive reimburse EPA $3,000,000 for Past
(APA), 5 U.S.C. 553, or any other
Order 13211 (66 FR 28355, May 22, Response Costs at the Site.
statute. This action is not subject to the
2001), because it is not likely to have a DATES: Comments must be received on
APA but is subject to TSCA, which does
significant adverse effect on energy or before April 16, 2018.
not require notice and comment
supply, distribution, or use. This action ADDRESSES: The Settlement Agreement
rulemaking to take this action.
is proposing service fees for TSCA, is available for public inspection at the
D. Unfunded Mandates Reform Act which will not have a significant effect United States Environmental Protection
(UMRA) on the supply, distribution or use of Agency, Superfund Records Center, 75
energy. Hawthorne Street, Room 3110, San
This action does not contain an
unfunded mandate of $100 million or I. National Technology Transfer and Francisco, California 94105. Telephone:
more as described in UMRA, 2 U.S.C. Advancement Act (NTTAA) 415–947–8717. A copy of the Settlement
1531–1538, and does not significantly or is also available at the following link:
uniquely affect small governments. As Since this action does not involve any https://semspub.epa.gov/work/09/
such, the requirements of UMRA technical standards, NTTAA section 100005264.pdf. Comments should be
sections 202, 203, 204, or 205, 2 U.S.C. 12(d) (15 U.S.C. 272 note) does not addressed to Dustin Minor, Assistant
1531–1538, do not apply to this action. apply to this action. Regional Counsel, Office of Regional
Counsel (ORC–3), U.S. Environmental
E. Executive Order 13132: Federalism J. Executive Order 12898: Federal
Protection Agency, 75 Hawthorne
Actions To Address Environmental
This action does not have federalism Street, San Francisco, CA 94105; or
Justice in Minority Populations and
implications. It will not have substantial Email: minor.dustin@epa.gov; and
Low-Income Populations
direct effects on the States, on the should reference the Anaconda Copper
relationship between the national EPA believes that this action does not Mine Site, EPA R9–2018–08.
government and the States, or on the have disproportionately high and FOR FURTHER INFORMATION CONTACT:
distribution of power and adverse human health or environmental Dustin Minor, Assistant Regional
responsibilities among the various effects on minority populations, low- Counsel, Office of Regional Counsel
levels of government, as specified in income populations and/or indigenous (ORC–3), Environmental Protection
Executive Order 13132 (64 FR 43255, peoples, as specified in Executive Order Agency, Region 9, 75 Hawthorne Street,
August 10, 1999). 12898 (59 FR 7629, February 16, 1994). San Francisco, CA 94105; tel: (415) 972–
This action does not affect the level of 3888; Minor.Dustin@epa.gov.
F. Executive Order 13175: Consultation
protection provided to human health or SUPPLEMENTARY INFORMATION: EPA
and Coordination With Indian Tribal
the environment. deferred the non-tribal portion of the
Governments
Authority: 15 U.S.C. 2613(c). Site to the Nevada Division of
This action does not have tribal Environmental Protection (NDEP) on
daltland on DSKBBV9HB2PROD with NOTICES

implications because it will not have Dated: March 12, 2018, February 5, 2018. In addition to
any effect on tribal governments, on the Charlotte Bertrand, requiring Atlantic Richfield Company to
relationship between the Federal Acting Principal Deputy Assistant reimburse EPA $3,000,000, the
government and the Indian tribes, or on Administrator, Office of Chemical Safety and Settlement terminates the existing
the distribution of power and Pollution Prevention. administrative orders referred to in the
responsibilities between the Federal [FR Doc. 2018–05402 Filed 3–15–18; 8:45 am] Settlement. EPA terminated the existing
government and Indian tribes, as BILLING CODE 6560–50–P administrative orders because future

VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11751

work at the non-tribal portion of the Site state implementation plan (SIP). The Moderate 2008 8-hour NAAQS ozone
will be overseen by NDEP. EPA is only EPA’s conformity rule provisions at 40 attainment plan, the Denver Regional
seeking comment on the cost recovery CFR part 93, subpart A, establish the Council of Governments (DRCOG)
component of the Settlement. EPA will criteria and procedures for determining Metropolitan Planning Organization
consider all comments submitted by the whether transportation plans, programs (MPO) and the North Front Range MPO
date set forth above regarding Section V. and projects conform to the SIP. (NFRMPO) may switch from using the
(Payment of Response Costs) and EPA Conformity to a SIP means that combined nonattainment-area-wide
may withhold consent from, or seek to transportation activities will not MVEBs to using the sub-area MVEBs for
modify, all or part of Section V. produce new air quality violations, determining transportation conformity.
(Payment of Response Costs) if worsen existing violations, or delay
To switch to use of the sub-area MVEBs
comments received disclose facts or timely attainment of the applicable
(or to subsequently switch back to use
considerations that indicate that Section NAAQS.
The criteria by which the EPA of the combined nonattainment-area-
V. (Payment of Response Costs) is
determines whether a SIP revision’s wide MVEBs), the DRCOG and the
inappropriate, improper, or inadequate.
MVEBs are adequate for transportation NFRMPO must use the process
Dated: March 5, 2018. described in Chapter 11 of the Metro-
conformity purposes are outlined at 40
Enrique Manzanilla, Denver/NFR ozone Moderate 2008 8-
CFR 93.118(e)(4), and the adequacy
Director, Superfund Division, U.S. review process is described at 40 CFR hour NAAQS ozone attainment plan on
Environmental Protection Agency, Region 9.
93.118(f)(1). We applied these criteria pages 11–5 through 11–6.
[FR Doc. 2018–05407 Filed 3–15–18; 8:45 am]
and followed this process in making the Following the effective date listed in
BILLING CODE 6560–50–P determinations announced in this the DATES section of this notice, the
notice. DRCOG, the NFRMPO, the Colorado
This notice is simply an
ENVIRONMENTAL PROTECTION Department of Transportation, and the
announcement of findings that the EPA
AGENCY U.S. Department of Transportation are
has already made, as described below.
The State of Colorado submitted the required to use the MVEBs discussed
[EPA–R08–OAR–2018–0027; FRL–9975–
08—Region 8] Metro-Denver/NFR Moderate 2008 8- above for future transportation
hour ozone NAAQS attainment plan, conformity determinations for projects
Adequacy Determination for the and its associated MVEBs, on May 16, in the Metro-Denver/NFR Moderate
Denver-North Front Range 2008 Ozone 2017. As part of our adequacy review, 2008 8-hour NAAQS ozone
Attainment Plan’s Motor Vehicle we posted the Metro-Denver/NFR nonattainment area. Please refer to 40
Emissions Budgets for Transportation Moderate 2008 8-hour ozone NAAQS CFR 81.306 for a description of the
Conformity Purposes; State of attainment plan, with its identified nonattainment area boundary. On the
Colorado nitrogen oxides (NOX) and volatile effective date of this notice of adequacy,
AGENCY: Environmental Protection organic compounds (VOC) MVEBs, for the previously-approved NOX and VOC
Agency (EPA). adequacy review on the EPA Office of MVEBs (76 FR 47443; August 5, 2011)
Transportation and Air Quality’s for the Metro-Denver/NFR 1997 8-hour
ACTION: Notice of adequacy
transportation conformity website ozone NAAQS nonattainment area will
determination. (https://www.epa.gov/state-and-local- no longer be applicable for
SUMMARY: In this notice, the transportation/adequacy-review-state- transportation conformity purposes.
Environmental Protection Agency (EPA) implementation-plan-sip-submissions-
conformity) on December 8, 2017. The Please note that our adequacy review
is notifying the public that the EPA has
EPA requested public comments by of the MVEBs is separate from our
found the Metro-Denver/North Front
January 8, 2018; we did not receive any future rulemaking action on the Metro-
Range (Metro-Denver/NFR) Moderate
2008 8-hour ozone National Ambient comments. We sent a letter to the Denver/NFR Moderate 2008 8-hour
Air Quality Standard (NAAQS) Colorado Department of Public Health NAAQS ozone attainment plan SIP
attainment plan and its motor vehicle and Environment (CDPHE) on January revision and should not be used to
emissions budgets (MVEBs) adequate for 30, 2018, stating that the submitted prejudge our ultimate approval or
transportation conformity purposes. As Metro-Denver/NFR Moderate 2008 8- disapproval of that SIP revision. Even if
more fully explained in the hour ozone NAAQS attainment plan we find the Metro-Denver/NFR
Supplementary Information section of and its MVEBs were adequate for Moderate 2008 8-hour NAAQS ozone
this notice, this finding will affect future transportation conformity purposes. attainment plan and its MVEBs
transportation conformity For the Metro-Denver/NFR Moderate adequate for transportation conformity
determinations. 2008 8-hour ozone NAAQS attainment purposes now, we may later find it
plan, the MVEBs we found adequate necessary to disapprove the SIP
DATES: This finding is effective on April were as identified and described in
2, 2018. revision. Should this situation arise, we
Chapter 11 of the ozone attainment would revisit our adequacy finding.
FOR FURTHER INFORMATION CONTACT: Tim plan. We find that the Total
Russ, Air Program, U.S. Environmental Nonattainment Area Budgets of 73 tons Authority: 42 U.S.C. 7401 et seq.
Protection Agency, Region 8, Mailcode per day (tpd) of NOX and 55 tpd of VOC Dated: March 13, 2018.
8P–AR, 1595 Wynkoop Street, Denver, for 2017 are adequate, in accordance Douglas H. Benevento,
Colorado 80202–1129, (303) 312–6479, with 40 CFR 93.118. We also find the
daltland on DSKBBV9HB2PROD with NOTICES

or russ.tim@epa.gov. Regional Administrator, Region 8.
nonattainment area’s Northern Subarea
SUPPLEMENTARY INFORMATION: [FR Doc. 2018–05406 Filed 3–15–18; 8:45 am]
Budgets of 12 tpd of NOX and 8 tpd of
Transportation conformity is required VOCs and the Southern Subarea BILLING CODE 6560–50–P
by section 176(c) of the Clean Air Act Budgets of 61 tpd of NOX and 47 tpd of
to ensure that federally funded highway VOCs, all for 2017, are adequate.
and transit projects are consistent with In addition, and as described in
the air quality goals established by the Chapter 11 of the Metro-Denver/NFR

VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 9990 E:\FR\FM\16MRN1.SGM 16MRN1

Document Created: 2018-03-16 01:11:51
Document Modified: 2018-03-16 01:11:51

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; request for public comment.
Dates		Comments must be received on or before April 16, 2018.
Contact		Dustin Minor, Assistant Regional Counsel, Office of Regional Counsel (ORC-3), Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105; tel: (415) 972-3888; [email protected]
FR Citation		83 FR 11750