Proposed CERCLA Settlement Agreement for the Newton County Mine Tailings Superfund Site, Newton County, Missouri, 16005 [2023-05202]

Download as PDF Federal Register / Vol. 88, No. 50 / Wednesday, March 15, 2023 / Notices ENVIRONMENTAL PROTECTION AGENCY [CERCLA–07–2023–0005; FRL–10752–01– R7] Proposed CERCLA Settlement Agreement for the Newton County Mine Tailings Superfund Site, Newton County, Missouri Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: In accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (‘‘CERCLA’’), notice is hereby given by the U.S. Environmental Protection Agency (‘‘EPA’’), Region 7, of a proposed settlement agreement (‘‘Agreement’’) with Environmental Quality Management, Inc. (‘‘EQM’’) for the Newton County Mine Tailings Superfund Site (‘‘Site’’), Newton County, Missouri. DATES: Comments must be received on or before April 14, 2023. ADDRESSES: You may send comments by email to Kate Curl at curl.kate@epa.gov or by mail to Kate Curl, U.S. EPA, Office of Regional Counsel, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments should reference the Newton County Mine Tailings Superfund Site, CERCLA Section 122(h) Settlement Agreement, Docket No. CERCLA–07– 2023–0005. FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may be obtained from Kate Curl, Attorney, Office of Regional Counsel, U.S. EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7745; email address: curl.kate@epa.gov. SUPPLEMENTARY INFORMATION: Under the proposed CERCLA section 122(h) settlement agreement, Environmental Quality Management, Inc. agrees to reimburse EPA for $1,678,330.40 plus an additional sum of interest on that amount calculated from May 12, 2022, through the date of payment for past response costs incurred in connection with EQM’s disposal of leadcontaminated backfill soil in Granby City Park in September and October 2016 as part of its work as a contractor to remediate areas of the Newton County Mine Tailings Superfund Site. EQM’s placement of contaminated backfill in Granby City Park required EPA, between July 2020 and March 2021, to re-remediate approximately 43% of the Granby City Park area that lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:48 Mar 14, 2023 Jkt 259001 EQM had already remediated causing EPA to incur additional response costs. For thirty (30) days following the date of publication of this document, EPA will receive written comments relating to the proposed agreement. EPA will consider all comments received and may modify or withdraw its consent to the proposed agreement if comments received disclose facts or considerations that indicate that the proposed agreement is inappropriate, improper, or inadequate. EPA’s response to any comments received will be available for public inspection at the EPA Region 7 Office, located at, 11201 Renner Boulevard, Lenexa, Kansas 66219. Robert D. Jurgens, Director, Superfund & Emergency Management Division, U.S. Environmental Protection Agency, Region 7. [FR Doc. 2023–05202 Filed 3–14–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–10768–01–R6] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for GeorgiaPacific Consumer Operations LLC, Crossett Paper Operations, Ashley County, Arkansas Environmental Protection Agency (EPA). ACTION: Notice of final Order on Petition for objection to Clean Air Act title V operating permit. AGENCY: The Environmental Protection Agency (EPA) Administrator signed an Order dated February 22, 2023, granting in part and denying in part two Petitions dated February 19, 2018 and October 30, 2019 (collectively the Petitions) from Crossett Concerned Citizens for Environmental Justice (the Petitioners). The Petitions requested that the EPA Administrator object to a Clean Air Act (CAA) title V operating permit issued by the Arkansas Department of Environmental Quality (ADEQ) to Georgia-Pacific Consumer Operations LLC (Georgia-Pacific) for its Crossett Paper Operations located in Ashley County, Arkansas. ADDRESSES: The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view copies of the final Order, the Petition, and other supporting information. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office may be closed to the public to reduce the risk SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 16005 of transmitting COVID–19. Please call or email the contact listed below if you need alternative access to the final Order and Petition, which are available electronically at: https://www.epa.gov/ title-v-operating-permits/title-v-petitiondatabase. FOR FURTHER INFORMATION CONTACT: Jonathan Ehrhart, EPA Region 6 Office, Air Permits Section, (214) 665–2295, ehrhart.jonathan@epa.gov. The CAA affords EPA a 45-day period to review and object to, as appropriate, operating permits proposed by state permitting authorities under title V of the CAA. Section 505(b)(2) of the CAA authorizes any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of the EPA’s 45-day review period if the EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the State, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or unless the grounds for the issue arose after this period. The EPA received two petitions from Crossett Concerned Citizens for Environmental Justice dated February 19, 2018 and October 30, 2019 (collectively the Petitions), requesting that the EPA Administrator object to the issuance of operating permit No. 0597– AOP–R19, issued by ADEQ to the Georgia-Pacific Consumer Operations, LLC for its Crossett Paper Operations located in Ashley County, Arkansas. The Petitions claim that the ADEQ unlawfully circumvented the public’s right to a full 60-day petition period, that ADEQ’s permit does not comply with the CAA’s substantive requirements, and that the permit fails to incorporate a compliance schedule as the CAA requires. On February 22, 2023, the EPA Administrator issued an Order granting in part and denying in part the Petitions. The Order explains the basis for EPA’s decision. Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner may request judicial review of those portions of an order that deny issues in a petition. Any petition for review shall be filed in the United States Court of Appeals for the appropriate circuit no later than May 15, 2023. SUPPLEMENTARY INFORMATION: E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05202]



[[Page 16005]]

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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-07-2023-0005; FRL-10752-01-R7]


Proposed CERCLA Settlement Agreement for the Newton County Mine 
Tailings Superfund Site, Newton County, Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), notice 
is hereby given by the U.S. Environmental Protection Agency (``EPA''), 
Region 7, of a proposed settlement agreement (``Agreement'') with 
Environmental Quality Management, Inc. (``EQM'') for the Newton County 
Mine Tailings Superfund Site (``Site''), Newton County, Missouri.

DATES: Comments must be received on or before April 14, 2023.

ADDRESSES: You may send comments by email to Kate Curl at 
[email protected] or by mail to Kate Curl, U.S. EPA, Office of Regional 
Counsel, 11201 Renner Boulevard, Lenexa, Kansas 66219. Comments should 
reference the Newton County Mine Tailings Superfund Site, CERCLA 
Section 122(h) Settlement Agreement, Docket No. CERCLA-07-2023-0005.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may 
be obtained from Kate Curl, Attorney, Office of Regional Counsel, U.S. 
EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone 
number: (913) 551-7745; email address: [email protected].

SUPPLEMENTARY INFORMATION: Under the proposed CERCLA section 122(h) 
settlement agreement, Environmental Quality Management, Inc. agrees to 
reimburse EPA for $1,678,330.40 plus an additional sum of interest on 
that amount calculated from May 12, 2022, through the date of payment 
for past response costs incurred in connection with EQM's disposal of 
lead-contaminated backfill soil in Granby City Park in September and 
October 2016 as part of its work as a contractor to remediate areas of 
the Newton County Mine Tailings Superfund Site. EQM's placement of 
contaminated backfill in Granby City Park required EPA, between July 
2020 and March 2021, to re-remediate approximately 43% of the Granby 
City Park area that EQM had already remediated causing EPA to incur 
additional response costs.
    For thirty (30) days following the date of publication of this 
document, EPA will receive written comments relating to the proposed 
agreement. EPA will consider all comments received and may modify or 
withdraw its consent to the proposed agreement if comments received 
disclose facts or considerations that indicate that the proposed 
agreement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
EPA Region 7 Office, located at, 11201 Renner Boulevard, Lenexa, Kansas 
66219.

Robert D. Jurgens,
Director, Superfund & Emergency Management Division, U.S. Environmental 
Protection Agency, Region 7.
[FR Doc. 2023-05202 Filed 3-14-23; 8:45 am]
BILLING CODE 6560-50-P
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