Settlement Agreement and Order on Consent: Eagle Mine Superfund Site, Minturn, Eagle County, Colorado, 42286-42287 [2018-18033]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 42286 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices Docket Numbers: ER18–1410–001. Applicants: Midcontinent Independent System Operator, Inc. Description: Tariff Amendment: 2018–08–13_Deficiency Response to Merchant HVDC Filing to be effective 7/19/2018. Filed Date: 8/13/18. Accession Number: 20180813–5182. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2207–000. Applicants: Pacific Gas and Electric Company. Description: § 205(d) Rate Filing: Engineering Agreement for CCSF Potrero Interconnection Project (SA 284) to be effective 8/14/2018. Filed Date: 8/13/18. Accession Number: 20180813–5188. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2208–000. Applicants: New England Power Pool Participants Committee. Description: § 205(d) Rate Filing: 132nd Agreement to be effective 11/1/ 2018. Filed Date: 8/14/18. Accession Number: 20180814–5001. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2209–000. Applicants: PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Corrections to Revisions in ER18–750 Re Long Term Firm Transmission Service Req to be effective 10/15/2018. Filed Date: 8/14/18. Accession Number: 20180814–5043. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2210–000. Applicants: MidAmerican Energy Company, Interstate Power and Light Company. Description: § 205(d) Rate Filing: IPL—MEC Remote LBA Agreement to be effective 10/15/2018. Filed Date: 8/14/18. Accession Number: 20180814–5048. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2211–000. Applicants: Southern California Edison Company. Description: § 205(d) Rate Filing: LGIA Tropico Solar Project SA No. 212 to be effective 10/14/2018. Filed Date: 8/14/18. Accession Number: 20180814–5052. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2212–000. Applicants: The Potomac Edison Company, PJM Interconnection, L.L.C. Description: § 205(d) Rate Filing: Potomac submits Two Borderline Agreements, SA Nos. 5114 and 5115 (IA) to be effective 10/14/2018. Filed Date: 8/14/18. Accession Number: 20180814–5088. VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2213–000. Applicants: MidAmerican Energy Company. Description: § 205(d) Rate Filing: Filing of RLBAA with IPL for English Farms to be effective 10/12/2018. Filed Date: 8/14/18. Accession Number: 20180814–5099. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2214–000. Applicants: Stryker 22, LLC. Description: Baseline eTariff Filing: FERC Electric Tariff No. 1 to be effective 8/15/2018. Filed Date: 8/14/18. Accession Number: 20180814–5100. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2215–000. Applicants: MidAmerican Energy Company. Description: § 205(d) Rate Filing: RLBAA with IPL for Upland Prairie to be effective 10/12/2018. Filed Date: 8/14/18. Accession Number: 20180814–5101. Comments Due: 5 p.m. ET 9/4/18. Docket Numbers: ER18–2216–000. Applicants: Plumsted 537 LLC. Description: Baseline eTariff Filing: MBRA Tariff to be effective 8/15/2018. Filed Date: 8/14/18. Accession Number: 20180814–5102. Comments Due: 5 p.m. ET 9/4/18. The filings are accessible in the Commission’s eLibrary system by clicking on the links or querying the docket number. Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission’s Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Dated: August 14, 2018. Kimberly D. Bose, Secretary. [FR Doc. 2018–18001 Filed 8–20–18; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–9982–55—Region 8] Settlement Agreement and Order on Consent: Eagle Mine Superfund Site, Minturn, Eagle County, Colorado Environmental Protection Agency (EPA). ACTION: Notice of proposed agreement; request for public comment. AGENCY: 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 SUMMARY: E:\FR\FM\21AUN1.SGM 21AUN1 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 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 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2018–0591; FRL–9982–56– OGC] Proposed Second Interim Settlement Agreement, Clean Water Act Claims Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: In accordance with the EPA Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed Second Interim Settlement Agreement in a lawsuit filed by the West Goshen Sewer Authority (‘‘WGSA’’ or ‘‘Plaintiff’’) in the United States District Court for the Eastern District of Pennsylvania: West Goshen Sewer Authority v. EPA, et al. On September 19, 2012, Plaintiff filed a complaint alleging, inter alia, that the United States Environmental Protection Agency (‘‘EPA’’) exceeded its statutory authority and acted arbitrarily and capriciously when it established a ‘‘total maximum daily load’’ for Goose Creek in southeastern Pennsylvania. The proposed Second Interim Settlement Agreement would memorialize commitments by WGSA, among other things, to install a ‘‘CoMag’’ ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus. After a period of time, EPA would reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL. DATES: Written comments on the proposed Second Interim Settlement Agreement must be received by September 20, 2018. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 Submit your comments, identified by Docket ID number EPA– HQ–OGC–2018–0591, online at www.regulations.gov (EPA’s preferred method). For comments submitted at www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA generally will not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jim Curtin, Water Law Office (7451), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564–5482; email address: Curtin.James@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Additional Information About the Proposed Second Interim Settlement Agreement On June 30, 2008, EPA established a nutrient total maximum daily load (‘‘TMDL’’) for the Goose Creek Watershed in Chester and Delaware Counties, Pennsylvania. EPA established that TMDL pursuant to the April 9, 1997 Consent Decree entered in American Littoral Society, et al., v. EPA, No. 96–489 (E.D. Pa.). Among other things, the TMDL assigned wasteload allocations (‘‘WLAs’’) for phosphorus to Goose Creek’s point source dischargers, WGSA’s wastewater treatment plant being the largest. WGSA filed a complaint against EPA on September 19, 2012, alleging that in establishing the Goose Creek TMDL EPA failed to comply with requirements of the Clean Water Act (CWA) and Administrative Procedure Act (APA). In July 2013, the Court granted intervener PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 42287 status to the Delaware Riverkeeper Network (‘‘DRN’’). The Court placed the case in ‘‘civil suspense’’ following the parties’ execution in January 2014 of a first ‘‘Interim Settlement Agreement’’ (‘‘the 2014 Agreement’’) under which EPA reassessed the water quality of Goose Creek and WGSA made voluntary improvements in its operations to achieve phosphorus reductions. The parties have now reached agreement on the terms of a ‘‘Second Interim Settlement Agreement’’ in which (1) WGSA commits, among other things, to install a ‘‘CoMag’’ ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus and (2) EPA commits to reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL. For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed Second Interim Settlement Agreement from persons who are not named as parties or intervenors to the litigation in question. If so requested, EPA will also consider holding a public hearing on whether to enter into the proposed Second Interim Settlement Agreement. EPA or the Department of Justice may withdraw or withhold consent to the proposed Second Interim Settlement Agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this proposed Second Interim Settlement Agreement should be withdrawn, the parties intend to sign the Agreement and inform the Court. II. Additional Information About Commenting on the Proposed Second Interim Settlement Agreement A. How can I get a copy of the proposed Second Interim Settlement Agreement? The official public docket for this action (identified by EPA–HQ–OGC– 2018–0591) contains a copy of the proposed Second Interim Settlement Agreement. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42286-42287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
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