Proposed Windfall Lien Settlement Agreement, Eaton Sugar Beet Factory Superfund Site, Eaton, Colorado, 49514 [2014-19877]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 49514 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Notices and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564–2970; fax number: (202) 564–0050; email address: yellin.patrick@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit http://www.epa.gov/ dockets. Abstract: The affected entities are subject to the General Provisions of the NESHAP at 40 CFR Part 63, Subpart A, and any changes, or additions specified at 40 CFR Part 63, Subpart YYYYY. Owners or operators of the affected facilities must submit a one-time-only report of any physical or operational changes, initial performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports addressing (1) the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered, and a certification that the recovered mercury switches were recycled at RCRA-permitted facilities, and (2) the control of contaminants from scrap according to the requirements in § 63.10(e) are required semiannually. Form Numbers: None. Respondents/affected entities: Owners or operators of electric arc furnace steelmaking facilities. Respondent’s obligation to respond: Mandatory (40 CFR Part 63, Subpart YYYYY). Estimated number of respondents: 87 (total). Frequency of response: Initially, semiannually and occasionally. Total estimated burden: 1,417 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $136,341 (per year), includes no annualized capital or operation & maintenance costs. Changes in the Estimates: There is a decrease in the respondent burden and VerDate Mar<15>2010 17:18 Aug 20, 2014 Jkt 232001 an increase in Agency burden. These changes occurred due to the following adjustment: (1) This ICR revises the number of respondents from 91 to 87 based on input provided from industry trade association; and (2) This ICR corrects the frequency of semiannual report review from one to two in Table 2. This correction results in an increase in the estimated Agency burden. Spencer Clark, Acting Director, Collection Strategies Division. [FR Doc. 2014–19850 Filed 8–20–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9914–40–Region 8] Proposed Windfall Lien Settlement Agreement, Eaton Sugar Beet Factory Superfund Site, Eaton, Colorado Environmental Protection Agency. ACTION: Notice of proposed agreement; request for public comment. AGENCY: In accordance with the requirements of section 122(h)(1) of the Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(h)(1), notice is hereby given of the proposed administrative settlement under section 107(r) of CERCLA, 42 U.S.C. 9607(r) between the U.S. Environmental Protection Agency (‘‘EPA’’) and the Town of Eaton, Colorado, (‘‘Settling Party’’). The Settling Party consents to and will not contest the authority of the United States to enter into this Agreement or to implement or enforce its terms. The Settling Party, qualifying as a bona fide prospective purchaser as provided for under CERCLA section 107(r)(1), 42 U.S.C. 9607(4)(1), took title to the site of the abandoned Eaton Sugar Beet Factory in 2009 through the purchase of tax liens. The EPA conducted a time critical removal action to address asbestos contamination at the factory site from November of 2011 through April of 2013. EPA now seeks to enter into a settlement agreement for the release of the windfall lien that arose as a result of the asbestos removal action. The value of a windfall lien is limited to the increase in the fair market value of the land that was cleaned up by EPA and is limited also by the amount of the EPA’s unrecovered response costs. The increased value of the land owned by the Settling Parties is $226,283.14. SUMMARY: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 The Settling Parties recognize that this Agreement has been negotiated in good faith and that this 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 22, 2014. For thirty (30) days following the date of publication of this document, 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 Agency’s response to any comments, the proposed agreement and additional background information relating to the agreement is available for public inspection at the EPA Superfund Record Center, 1595 Wynkoop Denver, Colorado. Comments and requests for a copy of the proposed agreement should be addressed to Maureen O’Reilly, Enforcement Specialist, Environmental Protection Agency—Region 8, Mail Code 8ENF–RC, 1595 Wynkoop Street, Denver, Colorado 80202, and should reference the Eaton Sugar Beet Factory Superfund Site, Eaton, Colorado. FOR FURTHER INFORMATION CONTACT: Andy Lensink, Enforcement Attorney, Legal Enforcement Program, Environmental Protection Agency— Region 8, Mail Code 8ENF–L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312–6908. Dated: July 17, 2014. Eddie A. Sierra, Acting Assistant Regional Administrator, Office of Enforcement, Compliance and Environmental Justice, U.S. Environmental Protection Agency, Region VIII. [FR Doc. 2014–19877 Filed 8–20–14; 8:45 am] BILLING CODE 6560–50–P FEDERAL ELECTION COMMISSION Sunshine Act Meeting Federal Election Commission. Tuesday August 26, 2014 at 10:00 a.m. PLACE: 999 E Street NW., Washington, DC. STATUS: This meeting will be closed to the public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 2 U.S.C. 437g. Matters concerning participation in civil actions or proceedings or arbitration. Information the premature disclosure of which would be likely to have a AGENCY: DATE AND TIME: E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Notices]
[Page 49514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19877]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9914-40-Region 8]


Proposed Windfall Lien Settlement Agreement, Eaton Sugar Beet 
Factory Superfund Site, Eaton, Colorado

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''), 42 U.S.C. 9622(h)(1), notice is 
hereby given of the proposed administrative settlement under section 
107(r) of CERCLA, 42 U.S.C. 9607(r) between the U.S. Environmental 
Protection Agency (``EPA'') and the Town of Eaton, Colorado, 
(``Settling Party''). The Settling Party consents to and will not 
contest the authority of the United States to enter into this Agreement 
or to implement or enforce its terms.
    The Settling Party, qualifying as a bona fide prospective purchaser 
as provided for under CERCLA section 107(r)(1), 42 U.S.C. 9607(4)(1), 
took title to the site of the abandoned Eaton Sugar Beet Factory in 
2009 through the purchase of tax liens. The EPA conducted a time 
critical removal action to address asbestos contamination at the 
factory site from November of 2011 through April of 2013. EPA now seeks 
to enter into a settlement agreement for the release of the windfall 
lien that arose as a result of the asbestos removal action. The value 
of a windfall lien is limited to the increase in the fair market value 
of the land that was cleaned up by EPA and is limited also by the 
amount of the EPA's unrecovered response costs. The increased value of 
the land owned by the Settling Parties is $226,283.14.
    The Settling Parties recognize that this Agreement has been 
negotiated in good faith and that this 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 22, 2014. For 
thirty (30) days following the date of publication of this document, 
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 Agency's response to any comments, the proposed 
agreement and additional background information relating to the 
agreement is available for public inspection at the EPA Superfund 
Record Center, 1595 Wynkoop Denver, Colorado.
    Comments and requests for a copy of the proposed agreement should 
be addressed to Maureen O'Reilly, Enforcement Specialist, Environmental 
Protection Agency--Region 8, Mail Code 8ENF-RC, 1595 Wynkoop Street, 
Denver, Colorado 80202, and should reference the Eaton Sugar Beet 
Factory Superfund Site, Eaton, Colorado.

FOR FURTHER INFORMATION CONTACT: Andy Lensink, Enforcement Attorney, 
Legal Enforcement Program, Environmental Protection Agency--Region 8, 
Mail Code 8ENF-L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 
312-6908.

    Dated: July 17, 2014.
Eddie A. Sierra,
Acting Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, U.S. Environmental Protection 
Agency, Region VIII.
[FR Doc. 2014-19877 Filed 8-20-14; 8:45 am]
BILLING CODE 6560-50-P