83 FR 42286 - Settlement Agreement and Order on Consent: Eagle Mine Superfund Site, Minturn, Eagle County, Colorado

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range		42286-42287
FR Document		2018-18033

In accordance with the requirements of section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given of the proposed settlement under section 122(h)(1) of CERCLA, between the U.S. Environmental Protection Agency (``EPA''), the Colorado Department of Public Health and Environment (``CDPHE''), and Battle North, LLC and Battle South, LLC (``Owners''). The proposed Settlement Agreement provides for the performance of work by Owners, the payment of certain response costs incurred, or to be incurred, by the United States, and the release and waiver of a lien at or in connection with the Property. The Owners consent to and will not contest the authority of the United States to enter into the Agreement or to implement or enforce its terms. CDPHE and Owners recognize that the Agreement has been negotiated in good faith and that the Agreement is entered into without the admission or adjudication of any issue of fact or law.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42286-42287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18033]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9982-55--Region 8]


Settlement Agreement and Order on Consent: Eagle Mine Superfund 
Site, Minturn, Eagle County, Colorado

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: In accordance with the requirements of section 122 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, as amended (``CERCLA''), notice is hereby given of the 
proposed settlement under section 122(h)(1) of CERCLA, between the U.S. 
Environmental Protection Agency (``EPA''), the Colorado Department of 
Public Health and Environment (``CDPHE''), and Battle North, LLC and 
Battle South, LLC (``Owners''). The proposed Settlement Agreement 
provides for the performance of work by Owners, the payment of certain 
response costs incurred, or to be incurred, by the United States, and 
the release and waiver of a lien at or in connection with the Property. 
The Owners consent to and will not contest the authority of the United 
States to enter into the Agreement or to implement or enforce its 
terms. CDPHE and Owners recognize that the Agreement has been 
negotiated in good faith and that the Agreement is entered into without 
the admission or adjudication of any issue of fact or law.

DATES: Comments must be submitted on or before September 20, 2018. For 
thirty (30) days following the date of publication of this notice, the 
Agency will receive written comments relating to the agreement. The 
Agency will consider all comments received and may modify or withdraw 
its consent to the agreement if comments received disclose facts or 
considerations that indicate that the agreement is inappropriate, 
improper, or inadequate.

ADDRESSES: The proposed agreement and additional background information 
relating to the agreement, as well as the Agency's response to any 
comments are or will be available for public inspection at the EPA 
Superfund Record Center, 1595 Wynkoop Street, Denver, Colorado, by 
appointment. Comments and requests for a copy of the proposed agreement 
should be addressed to Matt Hogue, Enforcement Specialist, 
Environmental Protection Agency--Region 8, Mail Code 8ENF-RC, 1595 
Wynkoop Street, Denver, Colorado

[[Page 42287]]

80202-1129, and should reference the Eagle Mine Superfund Site.

FOR FURTHER INFORMATION CONTACT: Kayleen Castelli, Enforcement 
Attorney, Legal Enforcement Program, Environmental Protection Agency--
Region 8, Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 
80202, (303) 312-6174.

    Dated: August 1, 2018.
Suzanne Bohan,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, U.S. Environmental Protection Agency, Region 
VIII.
[FR Doc. 2018-18033 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P

42286 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

Docket Numbers: ER18–1410–001. Comments Due: 5 p.m. ET 9/4/18. ENVIRONMENTAL PROTECTION
Applicants: Midcontinent Docket Numbers: ER18–2213–000. AGENCY
Independent System Operator, Inc.
Description: Tariff Amendment: Applicants: MidAmerican Energy [FRL–9982–55—Region 8]
2018–08–13_Deficiency Response to Company.
Settlement Agreement and Order on
Merchant HVDC Filing to be effective Description: § 205(d) Rate Filing:
Consent: Eagle Mine Superfund Site,
7/19/2018. Filing of RLBAA with IPL for English
Minturn, Eagle County, Colorado
Filed Date: 8/13/18. Farms to be effective 10/12/2018.
Accession Number: 20180813–5182. Filed Date: 8/14/18. AGENCY: Environmental Protection
Comments Due: 5 p.m. ET 9/4/18. Accession Number: 20180814–5099. Agency (EPA).
Docket Numbers: ER18–2207–000. Comments Due: 5 p.m. ET 9/4/18. ACTION: Notice of proposed agreement;
Applicants: Pacific Gas and Electric request for public comment.
Company. Docket Numbers: ER18–2214–000.
Description: § 205(d) Rate Filing: Applicants: Stryker 22, LLC. SUMMARY: In accordance with the
Engineering Agreement for CCSF requirements of section 122 of the
Description: Baseline eTariff Filing:
Potrero Interconnection Project (SA 284) Comprehensive Environmental
FERC Electric Tariff No. 1 to be effective
to be effective 8/14/2018. Response, Compensation, and Liability
8/15/2018.
Filed Date: 8/13/18. Act of 1980, as amended (‘‘CERCLA’’),
Filed Date: 8/14/18. notice is hereby given of the proposed
Accession Number: 20180813–5188.
Accession Number: 20180814–5100. settlement under section 122(h)(1) of
Comments Due: 5 p.m. ET 9/4/18.
Comments Due: 5 p.m. ET 9/4/18. CERCLA, between the U.S.
Docket Numbers: ER18–2208–000. Environmental Protection Agency
Applicants: New England Power Pool Docket Numbers: ER18–2215–000.
(‘‘EPA’’), the Colorado Department of
Participants Committee. Applicants: MidAmerican Energy Public Health and Environment
Description: § 205(d) Rate Filing: Company. (‘‘CDPHE’’), and Battle North, LLC and
132nd Agreement to be effective 11/1/ Description: § 205(d) Rate Filing: Battle South, LLC (‘‘Owners’’). The
2018. RLBAA with IPL for Upland Prairie to proposed Settlement Agreement
Filed Date: 8/14/18. be effective 10/12/2018. provides for the performance of work by
Accession Number: 20180814–5001. Owners, the payment of certain
Filed Date: 8/14/18.
Comments Due: 5 p.m. ET 9/4/18. response costs incurred, or to be
Accession Number: 20180814–5101.
Docket Numbers: ER18–2209–000. incurred, by the United States, and the
Applicants: PJM Interconnection, Comments Due: 5 p.m. ET 9/4/18.
release and waiver of a lien at or in
L.L.C. Docket Numbers: ER18–2216–000. connection with the Property. The
Description: § 205(d) Rate Filing: Applicants: Plumsted 537 LLC. Owners consent to and will not contest
Corrections to Revisions in ER18–750 the authority of the United States to
Description: Baseline eTariff Filing:
Re Long Term Firm Transmission enter into the Agreement or to
MBRA Tariff to be effective 8/15/2018.
Service Req to be effective 10/15/2018. implement or enforce its terms. CDPHE
Filed Date: 8/14/18. Filed Date: 8/14/18.
and Owners recognize that the
Accession Number: 20180814–5043. Accession Number: 20180814–5102. Agreement has been negotiated in good
Comments Due: 5 p.m. ET 9/4/18. Comments Due: 5 p.m. ET 9/4/18. faith and that the Agreement is entered
Docket Numbers: ER18–2210–000. The filings are accessible in the into without the admission or
Applicants: MidAmerican Energy Commission’s eLibrary system by adjudication of any issue of fact or law.
Company, Interstate Power and Light clicking on the links or querying the DATES: Comments must be submitted on
Company. docket number. or before September 20, 2018. For thirty
Description: § 205(d) Rate Filing: (30) days following the date of
Any person desiring to intervene or
IPL—MEC Remote LBA Agreement to be publication of this notice, the Agency
protest in any of the above proceedings
effective 10/15/2018. will receive written comments relating
must file in accordance with Rules 211
Filed Date: 8/14/18. to the agreement. The Agency will
and 214 of the Commission’s
Accession Number: 20180814–5048. consider all comments received and
Regulations (18 CFR 385.211 and
Comments Due: 5 p.m. ET 9/4/18. may modify or withdraw its consent to
385.214) on or before 5:00 p.m. Eastern
Docket Numbers: ER18–2211–000. time on the specified comment date. the agreement if comments received
Applicants: Southern California Protests may be considered, but disclose facts or considerations that
Edison Company. intervention is necessary to become a indicate that the agreement is
Description: § 205(d) Rate Filing: party to the proceeding. inappropriate, improper, or inadequate.
LGIA Tropico Solar Project SA No. 212 ADDRESSES: The proposed agreement
eFiling is encouraged. More detailed
to be effective 10/14/2018. and additional background information
information relating to filing
Filed Date: 8/14/18. relating to the agreement, as well as the
requirements, interventions, protests,
Accession Number: 20180814–5052. Agency’s response to any comments are
service, and qualifying facilities filings
Comments Due: 5 p.m. ET 9/4/18. or will be available for public inspection
can be found at: http://www.ferc.gov/
Docket Numbers: ER18–2212–000. docs-filing/efiling/filing-req.pdf. For at the EPA Superfund Record Center,
Applicants: The Potomac Edison 1595 Wynkoop Street, Denver,
sradovich on DSK3GMQ082PROD with NOTICES

other information, call (866) 208–3676
Company, PJM Interconnection, L.L.C. (toll free). For TTY, call (202) 502–8659. Colorado, by appointment. Comments
Description: § 205(d) Rate Filing: and requests for a copy of the proposed
Potomac submits Two Borderline Dated: August 14, 2018. agreement should be addressed to Matt
Agreements, SA Nos. 5114 and 5115 Kimberly D. Bose, Hogue, Enforcement Specialist,
(IA) to be effective 10/14/2018. Secretary. Environmental Protection Agency—
Filed Date: 8/14/18. [FR Doc. 2018–18001 Filed 8–20–18; 8:45 am] Region 8, Mail Code 8ENF–RC, 1595
Accession Number: 20180814–5088. BILLING CODE 6717–01–P Wynkoop Street, Denver, Colorado

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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 42287

80202–1129, and should reference the ADDRESSES: Submit your comments, status to the Delaware Riverkeeper
Eagle Mine Superfund Site. identified by Docket ID number EPA– Network (‘‘DRN’’).
FOR FURTHER INFORMATION CONTACT: HQ–OGC–2018–0591, online at The Court placed the case in ‘‘civil
Kayleen Castelli, Enforcement Attorney, www.regulations.gov (EPA’s preferred suspense’’ following the parties’
Legal Enforcement Program, method). For comments submitted at execution in January 2014 of a first
Environmental Protection Agency— www.regulations.gov, follow the online ‘‘Interim Settlement Agreement’’ (‘‘the
Region 8, Mail Code 8ENF–L, 1595 instructions for submitting comments. 2014 Agreement’’) under which EPA
Wynkoop Street, Denver, Colorado Once submitted, comments cannot be reassessed the water quality of Goose
80202, (303) 312–6174. edited or removed from Creek and WGSA made voluntary
www.regulations.gov. The EPA may improvements in its operations to
Dated: August 1, 2018.
publish any comment received to its achieve phosphorus reductions. The
Suzanne Bohan, parties have now reached agreement on
public docket. Do not submit
Assistant Regional Administrator, Office of electronically any information you the terms of a ‘‘Second Interim
Enforcement, Compliance and Environmental Settlement Agreement’’ in which (1)
consider to be Confidential Business
Justice, U.S. Environmental Protection
Information (CBI) or other information WGSA commits, among other things, to
Agency, Region VIII.
whose disclosure is restricted by statute. install a ‘‘CoMag’’ ballasted flocculation
[FR Doc. 2018–18033 Filed 8–20–18; 8:45 am]
Multimedia submissions (audio, video, system at its wastewater treatment plant
BILLING CODE 6560–50–P
etc.) must be accompanied by a written and achieve certain specified discharge
comment. The written comment is limits for phosphorus and (2) EPA
considered the official comment and commits to reassess the water quality of
ENVIRONMENTAL PROTECTION
should include discussion of all points Goose Creek and decide whether to
AGENCY
you wish to make. The EPA generally withdraw, revise or retain the Goose
[EPA–HQ–OGC–2018–0591; FRL–9982–56– will not consider comments or comment Creek TMDL.
OGC] contents located outside of the primary For a period of thirty (30) days
submission (i.e. on the web, cloud, or following the date of publication of this
Proposed Second Interim Settlement other file sharing system). For notice, the Agency will accept written
Agreement, Clean Water Act Claims additional submission methods, please comments relating to the proposed
AGENCY: Environmental Protection contact the person identified in the FOR Second Interim Settlement Agreement
Agency (EPA). FURTHER INFORMATION CONTACT section. from persons who are not named as
For the full EPA public comment policy, parties or intervenors to the litigation in
ACTION: Notice; request for public
information about CBI or multimedia question. If so requested, EPA will also
comment.
submissions, and general guidance on consider holding a public hearing on
SUMMARY: In accordance with the EPA making effective comments, please visit whether to enter into the proposed
Administrator’s October 16, 2017, http://www2.epa.gov/dockets/ Second Interim Settlement Agreement.
Directive Promoting Transparency and commenting-epa-dockets. EPA or the Department of Justice may
Public Participation in Consent Decrees FOR FURTHER INFORMATION CONTACT: Jim withdraw or withhold consent to the
and Settlement Agreements, notice is Curtin, Water Law Office (7451), Office proposed Second Interim Settlement
hereby given of a proposed Second of General Counsel, U.S. Environmental Agreement if the comments disclose
Interim Settlement Agreement in a Protection Agency, 1200 Pennsylvania facts or considerations that indicate that
lawsuit filed by the West Goshen Sewer Ave. NW, Washington, DC 20460; such consent is inappropriate,
Authority (‘‘WGSA’’ or ‘‘Plaintiff’’) in telephone: (202) 564–5482; email improper, inadequate, or inconsistent
the United States District Court for the address: Curtin.James@epa.gov. with the requirements of the Act. Unless
Eastern District of Pennsylvania: West EPA or the Department of Justice
SUPPLEMENTARY INFORMATION:
Goshen Sewer Authority v. EPA, et al. determines that consent to this
On September 19, 2012, Plaintiff filed a I. Additional Information About the proposed Second Interim Settlement
complaint alleging, inter alia, that the Proposed Second Interim Settlement Agreement should be withdrawn, the
United States Environmental Protection Agreement parties intend to sign the Agreement
Agency (‘‘EPA’’) exceeded its statutory On June 30, 2008, EPA established a and inform the Court.
authority and acted arbitrarily and nutrient total maximum daily load II. Additional Information About
capriciously when it established a ‘‘total (‘‘TMDL’’) for the Goose Creek Commenting on the Proposed Second
maximum daily load’’ for Goose Creek Watershed in Chester and Delaware Interim Settlement Agreement
in southeastern Pennsylvania. The Counties, Pennsylvania. EPA
proposed Second Interim Settlement established that TMDL pursuant to the A. How can I get a copy of the proposed
Agreement would memorialize April 9, 1997 Consent Decree entered in Second Interim Settlement Agreement?
commitments by WGSA, among other American Littoral Society, et al., v. EPA, The official public docket for this
things, to install a ‘‘CoMag’’ ballasted No. 96–489 (E.D. Pa.). Among other action (identified by EPA–HQ–OGC–
flocculation system at its wastewater things, the TMDL assigned wasteload 2018–0591) contains a copy of the
treatment plant and achieve certain allocations (‘‘WLAs’’) for phosphorus to proposed Second Interim Settlement
specified discharge limits for Goose Creek’s point source dischargers, Agreement. The official public docket is
phosphorus. After a period of time, EPA WGSA’s wastewater treatment plant available for public viewing at the
would reassess the water quality of being the largest. Office of Environmental Information
sradovich on DSK3GMQ082PROD with NOTICES

Goose Creek and decide whether to WGSA filed a complaint against EPA (OEI) Docket in the EPA Docket Center,
withdraw, revise or retain the Goose on September 19, 2012, alleging that in EPA West, Room 3334, 1301
Creek TMDL. establishing the Goose Creek TMDL EPA Constitution Ave. NW, Washington, DC.
DATES: Written comments on the failed to comply with requirements of The EPA Docket Center Public Reading
proposed Second Interim Settlement the Clean Water Act (CWA) and Room is open from 8:30 a.m. to 4:30
Agreement must be received by Administrative Procedure Act (APA). In p.m., Monday through Friday, excluding
September 20, 2018. July 2013, the Court granted intervener legal holidays. The telephone number

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Document Created: 2018-08-21 00:06:21
Document Modified: 2018-08-21 00:06:21

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 agreement; request for public comment.
Dates		Comments must be submitted on or before September 20, 2018. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the agreement. The Agency will consider all comments received and may modify or withdraw its consent to the agreement if comments received disclose facts or considerations that indicate that the agreement is inappropriate, improper, or inadequate.
Contact		Kayleen Castelli, Enforcement Attorney, Legal Enforcement Program, Environmental Protection Agency-- Region 8, Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312-6174.
FR Citation		83 FR 42286