[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Notices]
[Pages 26353-26354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09359]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-SFUND-2022-0261; FRL-9619-01-R5]


Proposed CERCLA Administrative Prospective Purchaser Agreement 
and Proposed CERCLA Administrative Settlement Agreement [EPA Agreement 
Nos. V-W-22-C-004 and V-W-22-C-003]; Proposed Explanation of 
Significant Differences; U.S. Smelter and Lead Refinery, Inc. Site, 
East Chicago, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlements; notice of explanation of 
significant differences; request for comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) and the terms of the proposed 
settlement agreements, the Environmental Protection Agency (EPA), 
Region 5, hereby gives notice of two proposed administrative 
settlements concerning the U.S. Smelter and Lead Refinery, Inc., Site 
in East Chicago, Indiana (the ``Site''): (1) A proposed administrative 
Prospective Purchaser Agreement (the ``PPA''); and (2) a proposed 
Administrative Settlement Agreement and Order on Consent (the 
``ASAOC''). The EPA proposes to enter into the PPA with Industrial 
Development Advantage of East Chicago, LLC as purchaser 
(``Purchaser''). The PPA requires Purchaser to perform remedial action 
on a portion of the Site. The EPA proposes to enter into the ASAOC with 
Atlantic Richfield Company, The Chemours Company FC, LLC, E.I. du Pont 
de Nemours and Company, U.S. Smelter and Lead Refinery, Inc., and 
United States Metals Refining Company as respondents (``Respondents'') 
and with Arava Natural Resources Company, Inc., Mining Remedial 
Recovery Company, and Mueller Industries, Inc., as additional covered 
parties (``Additional Covered Parties''). The ASAOC requires the 
Respondents to pay $18,000,000 in past response costs and provide 
financial assurance for the remedial action to be performed by 
Purchaser under the PPA. The State of Indiana joins the EPA as a party 
to both agreements. The EPA is also providing notice of a proposed 
Explanation of Significant Differences (ESD) for the portion of the 
Site that is the subject of the PPA. The EPA plans to finalize the 
proposed ESD after the two factual prerequisites for the selected 
contingent remedy provided in the Record of Decision Amendment dated 
March 24, 2020 have been met. For thirty (30) days following the date 
of publication of this notice, the EPA will receive written comments on 
the settlements and the proposed ESD. The EPA will consider all 
comments received and may modify or withdraw its consent to the 
settlements if comments received disclose facts or considerations that 
indicate that the proposed settlements and the proposed ESD are 
inappropriate, improper, or inadequate. The EPA's response to any 
comments received will be available for public inspection at https://www.epa.gov/uss-lead-superfund-site.

DATES: Comments must be received on or before June 3, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R05-
SFUND-2022-0261, by either of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, ATTN: Charles 
Rodriguez, External Communications Office (RE-19J), 77 W Jackson Blvd., 
Chicago, Illinois 60604.
    Instructions: All submissions received must include the Docket ID 
No. for this notice. Comments received may be posted without change to 
https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Steven P. Kaiser, Office of Regional 
Counsel, Environmental Protection Agency, telephone number: (312) 353-
3804; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Where can I view the proposed settlement agreements and ESD?

    The proposed settlement agreements and proposed ESD are available 
electronically as part of Docket ID No. EPA-R05-SFUND-2022-0261, at 
https://www.regulations.gov, under ``Supporting and Related Material.'' 
The proposed settlement agreements and proposed ESD can also be viewed 
at https://www.epa.gov/uss-lead-superfund-site. The proposed settlement 
agreements, proposed ESD, and related Site documents can be viewed in 
hardcopy at the East Chicago Public Library, 2401 E Columbus Drive, 
East Chicago, IN 46312, (219) 397-2453; and the Robert A. Pastrick 
Library, 1008 W Chicago Ave., East Chicago, IN 46312, (219) 397-5505.

B. What should I know before I submit comments?

    By this notice, the EPA is requesting comment on (1) the terms of 
the proposed PPA; (2) the terms of the proposed ASAOC; and (3) the 
proposed ESD. The EPA has previously accepted public comments on the 
proposed plan subsequently adopted in the Record of Decision Amendment 
dated March 24, 2020. The EPA's response to comments on the proposed 
plan is available at https://semspub.epa.gov/work/05/955458.pdf.
    Submit your comments, identified by Docket ID No. EPA-R05-SFUND-
2022-0261, at https://www.regulations.gov (our preferred method), or 
the other method identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. 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 will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background Information

    This notice pertains to the U.S. Smelter and Lead Refinery, Inc. 
Superfund Site in East Chicago, Indiana. The Site is divided into two 
Operable Units, and Operable Unit 1 is further divided into three 
Zones. The portion of the Site affected by the proposed action is the 
area encompassed by the former West Calumet Housing Complex, Goodman 
Park, and a utility corridor located between Zone 1 and Zone 2 in 
Operable Unit 1 of the Site. This area is identified in the proposed 
agreements and proposed ESD as ``Modified Zone 1.''
    The PPA and ASAOC provide for remediation of contaminated soils in

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Modified Zone 1 to commercial/industrial standards. A commercial/
industrial remedy is consistent with the contingent remedy described in 
the Record of Decision Amendment dated March 24, 2020 (the ``ROD 
Amendment''). The ROD Amendment states that, if two conditions are 
satisfied, the EPA will issue an ESD to confirm that these two 
conditions have been met and will change the selected remedy for 
Modified Zone 1 from a residential cleanup to a commercial/industrial 
cleanup. On May 26, 2020, the first condition was satisfied when the 
City of East Chicago changed the zoning designation for Modified Zone 1 
from residential to light industrial. The Purchaser intends to acquire 
title to real property within Modified Zone 1 (the ``Property'') with 
the intent to redevelop it for commercial/industrial use. This 
acquisition will satisfy the second condition. Once the EPA receives 
notice that the Purchaser has acquired title to the Property, both 
conditions will be satisfied. The EPA will then issue the ESD and the 
PPA will become effective. Under the proposed PPA, Purchaser will 
remediate contaminated soils at the Property to commercial/industrial 
criteria as required by the ROD Amendment.
    Under the proposed ASAOC, Respondents will provide financial 
assurance for the remedial action to be performed by Purchaser under 
the PPA, pay future federal and state oversight costs after application 
of an $800,000 credit towards those costs, and pay $18,000,000 in 
settlement of certain response costs incurred by the EPA at the Site. 
The Respondents and the Additional Covered Parties also agree to waive 
potential claims for reimbursement from the Hazardous Substance 
Superfund under Section 106(b) of CERCLA, 42 U.S.C. 9606(b).
    In both the PPA and the ASAOC, the EPA covenants not to sue the 
Purchaser, Respondents, and Additional Covered Parties pursuant to 
Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to 
Operable Unit 1. The EPA's covenants not to sue are subject to 
reservations. The settlement agreements also provide the Purchaser, 
Respondents, and Additional Covered Parties with protection from 
contribution actions or claims as provided by Section 113(f)(2) of 
CERCLA, 42 U.S.C. 9613(f)(2).
    The EPA is providing notice of the proposed ASAOC in accordance 
with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), which requires the 
Administrator to provide notice and an opportunity for comment when the 
EPA proposes to settle a claim pursuant to Section 122(h) of CERCLA, 42 
U.S.C. 9622(h). The EPA is providing notice of the proposed PPA in 
accordance with the terms of the PPA. Section 117(c) of CERCLA, 42 
U.S.C. 9617(c), and 40 CFR 300.435(c)(2)(i) require EPA to issue an ESD 
when a settlement differs in any significant respect but does not 
fundamentally alter the remedy selected in the Record of Decision with 
respect to scope, performance, or cost. A formal public comment period 
is not required for an ESD.
    Due to the interdependent nature of the three documents included in 
this notice, the EPA is requesting comment on all three documents 
simultaneously. The EPA will consider all comments received and may 
modify or withdraw its consent to the settlements if comments received 
disclose facts or considerations that indicate that the proposed 
settlements and proposed ESD are inappropriate, improper, or 
inadequate.

Douglas Ballotti,
Director, Superfund & Emergency Management Division, Region 5.
[FR Doc. 2022-09359 Filed 5-3-22; 8:45 am]
BILLING CODE 6560-50-P


