
[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54314-54315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17174]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-SFUND-2023-0366; FRL-11165-01-R8]


Proposed CERCLA Administrative Cashout Settlement for Peripheral 
Parties, Colorado Smelter Site, Pueblo, Colorado

AGENCY: Environmental Protection Agency (EPA).

[[Page 54315]]


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

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SUMMARY: In accordance with the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERLCA''), notice is hereby given that a proposed CERCLA 
Cashout Settlement Agreement for Peripheral Parties (``Proposed 
Agreement'') associated with the Colorado Smelter Superfund Site, 
Pueblo, Colorado (``Site'') was executed by the U.S. Environmental 
Protection Agency (``EPA''), Region 8 and is now subject to public 
comment, after which EPA may modify or withdraw its consent if comments 
received disclose facts or considerations that indicate that the 
Proposed Agreement is inappropriate, improper, or inadequate.

DATES: Comments must be submitted on or before September 11, 2023.

ADDRESSES: The Proposed Agreement and additional background information 
relating to the agreement will be available upon request. Any comments 
or requests or for a copy of the Proposed Agreement should be addressed 
to Julie Nicholson, Enforcement Specialist, Superfund and Emergency 
Management Division, Environmental Protection Agency--Region 8, Mail 
Code 8SEM-PAC, 1595 Wynkoop Street, Denver, Colorado 80202, telephone 
number: (401) 714-6143, email address: [email protected], and 
should reference the Colorado Smelter Superfund Site.
    You may also send comments, identified by Docket ID No. EPA-R08-
SFUND-2023-0366, to http://www.regulations.gov. Follow the online 
instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Sarah Rae, Senior Assistant Regional 
Counsel, Office of Regional Counsel, Environmental Protection Agency, 
Region 8, Mail Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado 80202, 
telephone number: (303) 312-6839, email address: [email protected].

SUPPLEMENTARY INFORMATION: The Proposed Agreement would resolve 
potential EPA claims under section 107(a) of CERCLA, against 1000 South 
Santa Fe LLC and 1100 South Santa Fe LLC(``Settling Parties'') for EPA 
response costs at or in connection with the property located at 1101-
1109 Santa Fe Avenue and 1045-1049 South Santa Fe Avenue, in Pueblo, 
Colorado (the ``Property''), which is part of the Colorado Smelter 
Superfund Site. The settlement is estimated to be $646,100, plus an 
additional sum for interest on that amount calculated from the 
effective date through the date of payment (``Payment Amount''). 
Settling Parties will remit the Payment Amount to EPA upon the transfer 
of the Property or within three years of the effective date, whichever 
occurs earlier. The Proposed Settlement Agreement also provides a 
covenant not to sue or to take administrative action from the United 
States to the Settling Parties pursuant to sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a) with regard to Operable Unit 02 
(OU2).
    For thirty (30) days following the date of publication of this 
document, EPA will receive electronic comments relating to the Proposed 
Agreement. EPA's response to any comments received will be available 
for public inspection by request. Please see the ADDRESSES section of 
this document for instructions.

Ben Bielenberg,
Acting Division Director, Superfund and Emergency Management Division, 
Region 8.
[FR Doc. 2023-17174 Filed 8-9-23; 8:45 am]
BILLING CODE 6560-50-P


