FR 2021-03986

The recent document from the Federal Register provides a detailed notice about a proposed Consent Decree lodged by the Department of Justice (DOJ) in the case involving Delta Asphalt, Inc. This Decree concerns environmental claims at the Madison County Mines Superfund Site, located in Missouri. The agreement aims to address contamination issues under several federal and state laws, notably including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Missouri Hazardous Waste Management Law. Essentially, Delta Asphalt is expected to implement specific controls on their property to facilitate EPA and state-led remedial actions. In exchange, Delta gains protection from further litigation on these claims.

General Summary

The primary focus of the document is to inform the public of this proposed settlement and invite public comments. It outlines the legal framework and requirements, mentioning that public comments can be submitted within 30 days following the notice's publication. The arrangement also implies a commitment by Delta Asphalt to comply with specific property controls to assist in the environmental cleanup.

Significant Issues or Concerns

Several issues arise from the notice:

• Lack of Financial Information: The document does not specify the financial implications or the settlement amount, which are critical to understanding the degree of accountability being enforced on Delta Asphalt and the overall fairness of the settlement.

• Complex Legal References: While extensively referencing different laws, the document lacks simpler explanations of these statutes for the general public. This absence makes it daunting for individuals without legal expertise to grasp the full ramifications of the settlement.

• Incomplete Submission Instructions: Although the notice invites public comments, it does not specify the exact email or mailing addresses for submission. This oversight could impede public engagement.

• Inconvenient Payment Method for Copies: For those interested in obtaining a hard copy of the agreement, the process is cumbersome, requiring a check or money order, which is outdated and less accessible compared to digital payment systems.

• Ambiguity in Property Controls: The document mentions "proprietary controls" and "remedial actions" without details on what these measures involve. This lack of clarity leaves stakeholders guessing about the specific responsibilities Delta Asphalt will undertake.

Impact on the Public

This proposed settlement has broad public implications. Primarily, it seeks to facilitate the cleanup of a contaminated site, which is critical for community health and environmental protection. The public comment period offers a voice to those who may be directly affected by the agreement and wish to express concerns or support.

Impact on Specific Stakeholders

Local Community: Community members living near the Madison County Mines site may benefit from the expected environmental cleanup, potentially leading to reduced health risks and improved quality of life. However, without detailed public explanations and participation facilitation, there could be public distrust towards the measures being undertaken.

Delta Asphalt, Inc.: The company may see this as favorable, as it limits its liability and exposure to future legal actions linked to the site. However, it also undertakes the responsibility of implementing property controls, the complexity of which remains unspecified.

Environmental Agencies: On the positive side, agencies like the EPA may now proceed with remedial activities to restore environmental quality. Yet they also face the challenge of ensuring these actions align correctly with the agreement and meet community expectations.

Overall, the document captures a critical moment in environmental accountability but requires more transparency and simplification to maximize public engagement and understanding.

In reviewing the Federal Register document titled "Notice of Filing of Proposed Settlement Agreement Regarding Environmental Claims In Connection With the Madison County Mines Superfund Site," there are particular financial references that merit attention.

Financial Summary of the Document

The primary financial reference in this document pertains to obtaining a paper copy of the Settlement Agreement. Individuals who wish to receive a physical copy are required to send a check or money order for $11.75, which covers the reproduction cost at a rate of 25 cents per page. The payment is to be made payable to the United States Treasury. This fee facilitates access to the document for those who prefer or require a physical copy, rather than downloading it from the internet.

Financial Implications and Identified Issues

It is significant that the document does not include any information about the financial amount of the proposed settlement itself. While the document outlines steps for accessing details of the agreement, including submitting comments or obtaining a copy, it does not specify the settlement sum. This absence of a settlement figure could prevent the public from effectively assessing the fairness or overall value of the agreement in terms of financial remediation for the environmental claims.

The requirement of sending a check or money order can be considered a traditional approach for payments; however, it may not be convenient in this digital age. This could act as a barrier to accessing the agreement for some individuals who may find digital payment options quicker and more accessible. The constraint of physical payment methods aligns with one of the identified issues—that the payment process is somewhat outdated considering current technological advances.

Lastly, the document does not attempt to explain the proprietary controls or remedial actions in financial terms, such as potential costs or savings involved. This lack of detail regarding the financial obligations or implications for Delta Asphalt, Inc. leaves some ambiguity about the broader cost impact on the company and stakeholders involved in the superfund site remediation process.