83 FR 62861 - Settlement Agreement for Recovery of Past Response Costs: ACM Smelter and Refinery Site, Great Falls, Cascade County, Montana

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range		62861-62862
FR Document		2018-26484

In accordance with the requirements of section 122(h)(1) 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), Atlantic Richfield Company and ARCO Environmental Remediation, LLC (Settling Parties). The proposed Settlement Agreement requires the Settling Parties to reimburse the EPA for past response costs. The Settling Parties will pay ($851,393.17) within 30 days after the effective date of the Proposed Agreement to the EPA. The Settling Parties consent to and will not contest the authority of the United States to enter into the Agreement or to implement or enforce its terms. The Settling Parties 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 234 (Thursday, December 6, 2018)

[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62861-62862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26484]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9987-33-Region 8]


Settlement Agreement for Recovery of Past Response Costs: ACM 
Smelter and Refinery Site, Great Falls, Cascade County, Montana

AGENCY: Environmental Protection Agency.

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

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SUMMARY: In accordance with the requirements of section 122(h)(1) 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), Atlantic Richfield Company 
and ARCO Environmental Remediation, LLC (Settling Parties). The 
proposed Settlement Agreement requires the Settling Parties to 
reimburse the EPA for past response costs. The Settling Parties will 
pay ($851,393.17) within 30 days after the effective date of the 
Proposed Agreement to the EPA. The Settling Parties consent to and will 
not contest the authority of the United States to enter into the 
Agreement or to implement or enforce its terms. The Settling Parties 
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 January 4, 2019. 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

[[Page 62862]]

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 Maureen O'Reilly, Senior Enforcement Specialist, 
Environmental Protection Agency-Region 8, Mail Code 8ENF-RC, 1595 
Wynkoop Street, Denver, Colorado 80202, and should reference the ACM 
Smelter and Refinery Superfund Site, EPA Docket No. CERCLA-08-2019-
0001.

FOR FURTHER INFORMATION CONTACT: Douglas Naftz, Enforcement Attorney, 
Legal Enforcement Program, Environmental Protection Agency-Region 8, 
Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 
312-6942.

    Dated: November 16, 2018.
Suzanne Bohan,
Assistant Regional Administrator, Office of Enforcement, Compliance and 
Environmental Justice, U.S. Environmental Protection Agency, Region 
VIII.
[FR Doc. 2018-26484 Filed 12-4-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices 62861

trading programs. EPA has posted eligible to receive a second-round the unit. EPA also notes that under 40
spreadsheets containing the lists on NUSA allocation under a given CSAPR CFR 97.411(c), 97.511(c), 97.611(c),
EPA’s website. EPA will consider timely trading program for a given control 97.711(c), and 97.811(c), allocations are
objections to the lists before period, the unit’s maximum potential subject to potential correction if a unit
determining the amounts of the second- second-round allocation equals the to which NUSA allowances have been
round allocations. positive difference (if any) between the allocated for a given control period is
DATES: Objections to the information unit’s emissions during the control not actually an affected unit as of the
referenced in this notice must be period as reported under 40 CFR part 75 start of that control period.
received on or before January 4, 2019. and any first-round NUSA allocation the (Authority: 40 CFR 97.411(b),
ADDRESSES: Submit your objections via unit received. If the total of such 97.511(b), 97.611(b), 97.711(b), and
email to CSAPR_NUSA@epa.gov. maximum potential allocations to all 97.811(b).)
Include ‘‘2018 NUSA allocations’’ in the eligible units would exceed the total Dated: November 1, 2018.
email subject line and include your allowances remaining in the NUSA, the
Reid P. Harvey,
name, title, affiliation, address, phone allocations are reduced on a pro-rata
basis. EPA notes that under 40 CFR Director, Clean Air Markets Division, Office
number, and email address in the body of Atmospheric Programs, Office of Air and
of the email. 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), Radiation.
FOR FURTHER INFORMATION CONTACT:
97.706(c)(3), and 97.806(c)(3), a unit’s
[FR Doc. 2018–26481 Filed 12–4–18; 8:45 am]
Questions concerning this action should emissions occurring before its monitor
BILLING CODE 6560–50–P
be addressed to Kenon Smith at (202) certification deadline are not considered
343–9164 or smith.kenon@epa.gov or to have occurred during a control period
Jason Kuhns at (202) 564–3236 or and consequently are not included in
ENVIRONMENTAL PROTECTION
kuhns.jason@epa.gov. the emission amounts used to determine
AGENCY
NUSA allocations.
SUPPLEMENTARY INFORMATION: Under
The preliminary lists of eligible units [FRL 9987–33–Region 8]
each CSAPR trading program where are set forth in Excel spreadsheets titled
EPA is responsible for determining ‘‘CSAPR_NUSA_2018_NOX_Annual_ Settlement Agreement for Recovery of
emission allowance allocations, a 2nd_Round_Prelim_Data,’’ ‘‘CSAPR_ Past Response Costs: ACM Smelter
portion of each state’s emissions budget NUSA_2018_NOX_Ozone_Season_2nd_ and Refinery Site, Great Falls, Cascade
for the program for each control period Round_Prelim_Data,’’ and ‘‘CSAPR_ County, Montana
is reserved in a NUSA (and in an NUSA_2018_SO2_2nd_Round_Prelim_
additional Indian country NUSA in the AGENCY: Environmental Protection
Data’’ available on EPA’s website at
case of states with Indian country Agency.
https://www.epa.gov/csapr/csapr-
within their borders) for allocation to compliance-year-2018-nusa-nodas. Each ACTION: Notice of proposed agreement;
certain units that would not otherwise spreadsheet contains a separate request for public comment.
receive allowance allocations. The worksheet for each state covered by that
procedures for identifying the eligible SUMMARY: In accordance with the
program showing each unit requirements of section 122(h)(1) of the
units for each control period and for preliminarily identified as eligible for a
allocating allowances from the NUSAs Comprehensive Environmental
second-round NUSA allocation. Each
and Indian country NUSAs to these Response Compensation, and Liability
state worksheet also contains a
units are set forth in the CSAPR trading Act of 1980, as amended (‘‘CERCLA’’)
summary showing (1) the quantity of
program regulations at 40 CFR 97.411(b) notice is hereby given of the proposed
allowances initially available in that
and 97.412 (NOX Annual), 97.511(b) and settlement under section 122 (h)(1) of
state’s 2018 NUSA, (2) the sum of the
97.512 (NOX Ozone Season Group 1), CERCLA, between the U.S.
2018 NUSA allowance allocations that
97.611(b) and 97.612 (SO2 Group 1), Environmental Protection Agency
were made in the first round to new
97.711(b) and 97.712 (SO2 Group 2), and (EPA), Atlantic Richfield Company and
units in that state, if any, and (3) the
97.811(b) and 97.812 (NOX Ozone ARCO Environmental Remediation, LLC
quantity of allowances in the 2018
Season Group 2). Each NUSA allowance (Settling Parties). The proposed
NUSA available for second-round
allocation process involves up to two allocations to new units (or ultimately Settlement Agreement requires the
rounds of allocations to eligible units, for allocations to existing units), if any. Settling Parties to reimburse the EPA for
termed ‘‘new’’ units, followed by the Objections should be strictly limited past response costs. The Settling Parties
allocation to ‘‘existing’’ units of any to whether EPA has correctly identified will pay ($851,393.17) within 30 days
allowances not allocated to new units. the units eligible for second-round 2018 after the effective date of the Proposed
This notice concerns EPA’s NUSA allocations according to the Agreement to the EPA. The Settling
preliminary identification of units criteria established in the regulations Parties consent to and will not contest
eligible to receive allowances in the and should be emailed to the address the authority of the United States to
second round of NUSA allocations for identified in ADDRESSES. Objections enter into the Agreement or to
the 2018 control periods. The units must include: (1) Precise identification implement or enforce its terms. The
eligible for second-round allocations for of the specific data the commenter Settling Parties recognize that the
a given control period are CSAPR- believes are inaccurate, (2) new Agreement has been negotiated in good
affected units that commenced proposed data upon which the faith and that the Agreement is entered
commercial operation between January commenter believes EPA should rely into without the admission or
1 of the year before that control period adjudication of any issue of fact or law.
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instead, and (3) the reasons why EPA
and November 30 of the year of that should rely on the commenter’s DATES: Comments must be submitted on
control period. In the case of the 2018 proposed data and not the data or before January 4, 2019. For thirty (30)
control periods, an eligible unit referenced in this notice. days following the date of publication of
therefore must have commenced EPA notes that an allocation or lack this notice, the Agency will receive
commercial operation between January of allocation of allowances to a given written comments relating to the
1, 2017 and November 30, 2018 unit does not constitute a determination agreement. The Agency will consider all
(inclusive). Generally, where a unit is that CSAPR does or does not apply to comments received and may modify or

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62862 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

withdraw its consent to the agreement if the accuracy of the Commission’s confidential information with their
comments received disclose facts or burden estimate; ways to enhance the application. Nonetheless, there is a need
considerations that indicate that the quality, utility, and clarity of the for confidentiality with respect to all
agreement is inappropriate, improper, or information collected; ways to minimize applications filed with the Commission
inadequate. the burden of the collection of through its Universal Licensing System
ADDRESSES: The proposed agreement information on the respondents, (ULS). Although ULS stores all
and additional background information including the use of automated information pertaining to the individual
relating to the agreement, as well as the collection techniques or other forms of license via an FCC Registration Number
Agency’s response to any comments are information technology; and ways to (FRN), confidential information is
or will be available for public inspection further reduce the information accessible only by persons or entities
at the EPA Superfund Record Center, collection burden on small business that hold the password for each account,
1595 Wynkoop Street, Denver, concerns with fewer than 25 employees. and the Commission’s licensing staff.
Colorado, by appointment. Comments The FCC may not conduct or sponsor Information on private land mobile
and requests for a copy of the proposed a collection of information unless it radio licensees is maintained in the
agreement should be addressed to displays a currently valid Office of Commission’s system of records, FCC/
Maureen O’Reilly, Senior Enforcement Management and Budget (OMB) control WTB–1, ‘‘Wireless Services Licensing
Specialist, Environmental Protection number. No person shall be subject to Records.’’ The licensee records will be
Agency-Region 8, Mail Code 8ENF–RC, any penalty for failing to comply with publicly available and routinely used in
1595 Wynkoop Street, Denver, Colorado a collection of information subject to the accordance with subsection (b) of the
80202, and should reference the ACM PRA that does not display a valid OMB Privacy Act. TIN Numbers and material
Smelter and Refinery Superfund Site, control number. which is afforded confidential treatment
EPA Docket No. CERCLA–08–2019– DATES: Written PRA comments should pursuant to a request made under 47
0001. be submitted on or before February 4, CFR 0.459 will not be available for
FOR FURTHER INFORMATION CONTACT: 2019. If you anticipate that you will be Public inspection. Any personally
Douglas Naftz, Enforcement Attorney, submitting comments, but find it identifiable information (PII) that
Legal Enforcement Program, difficult to do so within the period of individual applicants provide is covered
Environmental Protection Agency- time allowed by this notice, you should by a system of records, FCC/WTB–1,
Region 8, Mail Code 8ENF–L, 1595 advise the contact listed below as soon ‘‘Wireless Services Licensing Records,’’
Wynkoop Street, Denver, Colorado as possible. and these and all other records may be
80202, (303) 312–6942. ADDRESSES: Direct all PRA comments to disclosed pursuant to the Routine Uses
Dated: November 16, 2018. Nicole Ongele, FCC, via email PRA@ as stated in this system of records
Suzanne Bohan,
fcc.gov and to Nicole.ongele@fcc.gov. notice.
Assistant Regional Administrator, Office of FOR FURTHER INFORMATION CONTACT: For
Needs and Uses: This collection will
Enforcement, Compliance and Environmental additional information about the be submitted as a new collection after
Justice, U.S. Environmental Protection information collection, contact Nicole this 60-day comment period to the
Agency, Region VIII. Ongele, (202) 418–2991. Office of Management and Budget
[FR Doc. 2018–26484 Filed 12–4–18; 8:45 am] SUPPLEMENTARY INFORMATION: (OMB) in order to obtain the full three-
BILLING CODE 6560–50–P OMB Control Number: 3060–XXXX. year clearance. Section 90.621(d)(4)
Title: Creation of Interstitial 12.5 adopted in the Commission’s Report
Kilohertz Channels in the 800 MHz and Order FCC 18–143 requires an
FEDERAL COMMUNICATIONS Band Between 809–817/854–862 MHz. applicant to include a letter of
COMMISSION Form Number: N/A. concurrence from an incumbent
Type of Review: New information
[OMB 3060–XXXX] licensee if the applicant files an
collection.
application which causes contour
Respondents: Business or other for-
Information Collection Being Reviewed overlap under a forward analysis or
profit; Not-for-profit institutions; State,
by the Federal Communications receives contour overlap under a
Local or Tribal Government.
Commission reciprocal analysis when the applicant
Number of Respondents and
Responses: 700 respondents, 350 seeks to license channels in the 800
AGENCY: Federal Communications
Commission. responses. MHz Mid-Band. In the case of the
Estimated Time per Response: 2 forward analysis, the incumbent
ACTION: Notice and request for
hours. licensee must agree in its concurrence
comments.
Frequency of Response: One-time letter to accept any interference that
SUMMARY: As part of its continuing effort reporting requirement. occurs as a result of the contour overlap.
to reduce paperwork burdens, and as Obligation to Respond: Required to In the case of the reciprocal analysis, the
required by the Paperwork Reduction obtain or retain benefits. Statutory incumbent licensee must state in its
Act of 1995 (PRA), the Federal authority for this collection is contained concurrence letter that it does not object
Communications Commission (FCC or in 47 U.S.C. 151, 154, 301, 303, and 332 to the applicant receiving contour
Commission) invites the general public of the Communications Act of 1934. overlap from the incumbent’s facility.
and other Federal agencies to take this Total Annual Burden: 700 hours. The purpose of requiring applicants to
opportunity to comment on the obtain letters of concurrence if their
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Total Annual Cost: No Cost.
following information collections. Privacy Act Impact Assessment: No application causes contour overlap
Comments are requested concerning: impact(s). under a forward analysis or receives
Whether the proposed collection of Nature and Extent of Confidentiality: contour overlap under a reciprocal
information is necessary for the proper There is no need for applicants filing analysis is to ensure incumbents in the
performance of the functions of the applications to license channels in the 800 MHz Mid-Band are aware of the
Commission, including whether the 809–817/854–862 MHz band segment contour overlap before an application is
information shall have practical utility; (800 MHz Mid-Band) to include granted.

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Document Created: 2018-12-05 02:36:46
Document Modified: 2018-12-05 02:36:46

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 January 4, 2019. 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		Douglas Naftz, Enforcement Attorney, Legal Enforcement Program, Environmental Protection Agency-Region 8, Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312-6942.
FR Citation		83 FR 62861