[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Notices]
[Page 49514]
From the Federal Register Online via the Government Publishing 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