Superfund/CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. Path Forward

EPAU.S. Environmental Protection Agency Administrative Settlement Agreement for Remedial Investigation and Feasibility Study

On August 22, 2008, the U.S. Environmental Protection Agency (EPAU.S. Environmental Protection Agency) sent FMC and Simplot a General Notice of Liability and Special Notice Letter for the Gay Mine site. EPAU.S. Environmental Protection Agency proposed to enter into negotiations with the companies for a consent order under which the companies would conduct a Remedial Investigation and Feasibility Study (RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility.) at the Gay Mine site under CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund.. The companies responded to EPAU.S. Environmental Protection Agency by indicating their willingness to enter into these negotiations.

On November 20, 2008, the companies submitted to EPAU.S. Environmental Protection Agency their joint good faith offer to enter into settlement negotiations for an RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. consent order. In their good faith offer, the companies described their technical and financial capabilities to perform the RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. work and indicated their willingness to proceed under an agreed order. The companies also raised concerns regarding EPAU.S. Environmental Protection Agency’s proposed consent order that provided an RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. oversight role to the Shoshone-Bannock Tribes and the U.S. Department of the Interior, both of which exercised control over Gay Mine operations and which, in the companies’ view, have CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. liability regarding the site.

In early 2009, EPAU.S. Environmental Protection Agency responded to the companies’ good faith offer and identified certain threshold issues related to support agency designation and costs that needed further discussion and analysis. The companies indicated a willingness to engage in those discussions. However, there were no further negotiations during 2009 regarding an RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. consent order.

In July 2010, the companies and EPAU.S. Environmental Protection Agency resumed negotiations on a consent order. These discussions were successful and resulted in an Administrative Settlement Agreement (ASAAdministrative Settlement Agreement) under which the companies agreed to conduct an RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. at the Gay Mine site. The ASAAdministrative Settlement Agreement had an effective date of December 10, 2010. The ASAAdministrative Settlement Agreement also was signed by BIABureau of Indian Affairs and the Tribes, to provide them a role in reviewing and commenting on the RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. and also, because the companies do not own the mine site, to facilitate company access to the site to conduct the work. The companies’ first significant task under the ASAAdministrative Settlement Agreement is to develop and submit to EPAU.S. Environmental Protection Agency a Project Scoping Report that is the first step in planning the RI/FSRemedial Investigation/Feasibility Study. The CERCLAThe Comprehensive Environmental Response, Compensation and Liability Act. The federal law that addresses cleanup of contaminated sites. Also called Superfund. process for investigation of contamination and selection of remedial actions required to ensure protection of human health and the environment at a contaminated facility. field work.