[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Page 67895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24489]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-SFUND-2022-0881; FRL-10392-01-R8]


Amendment to Prospective Purchaser Agreement, Anaconda Smelter 
Superfund Site, Anaconda, Deer Lodge County, Montana

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: Notice is hereby given by the U.S. Environmental Protection 
Agency (EPA), Region 8, of a proposed amendment to a prospective 
purchaser agreement originally agreed to in 1994. The 1994 agreement, 
with the Montana Department of Environmental Quality on behalf of the 
State of Montana (the ``State''), Anaconda-Deer Lodge County, and the 
Old Works Golf Course Authority, Inc., (``Purchasers''), provided 
liability protection to the Purchasers in return for the implementation 
of certain institutional controls such as the Development Permit 
System, a county zoning system that regulates development in the 
county, and restrictive covenants limiting the use of certain 
properties affected by contamination, and also provided for the 
operation and maintenance of the Old Works Golf Course. The amended 
agreement, entitled Amendment to Agreement and Covenant Not to Sue, 
provides for the implementation of updated institutional controls, 
including an updated Development Permit System and modified restrictive 
covenants. Other work under the amended agreement includes updated 
operations and maintenance plans for the Old Works Golf Course, the 
Residential Attic Abatement Implementation Plan that provides for 
cleaning of attics, the Interior/Exterior Dust Program that provides 
for cleanup of contaminated dusts, and the Community Protective 
Measures Plan, an information program.

DATES: Comments must be submitted on or before December 12, 2022.

ADDRESSES: The proposed agreement and additional background information 
relating to the agreement will be available upon request. To reduce the 
risk of COVID-19 transmission, for this action we do not plan to offer 
hard copy review of the docket. Comments and requests for a copy of the 
proposed agreement should be addressed to Anntasia Copeland, 
Enforcement Specialist, Superfund and Emergency Management Division, 
Environmental Protection Agency--Region 8, Mail Code 8SEM-PAC, 1595 
Wynkoop Street, Denver, Colorado 80202, telephone number: (303) 312-
6343, email address: [email protected] and should reference the 
Anaconda Smelter Superfund Site. You may also send comments, identified 
by Docket ID No. EPA-R08-SFUND-2022-0881 to http://www.regulations.gov. 
Follow the online instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Andy Lensink, Assistant Regional 
Counsel, Office of Regional Counsel, Environmental Protection Agency, 
Region 8, Mail Code 8 ORC-LEC, 1595 Wynkoop, Denver, Colorado 80202, 
telephone number: (303) 312-6908, email address: [email protected].

SUPPLEMENTARY INFORMATION: 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.

Betsy Smidinger,
Division Director, Superfund and Emergency Management Division, Region 
8.
[FR Doc. 2022-24489 Filed 11-9-22; 8:45 am]
BILLING CODE 6560-50-P


