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Two Proposed Administrative Settlements Under the Comprehensive Environmental Response, Compensation, and Liability Act

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[Federal Register: January 27, 2004 (Volume 69, Number 17)]
[Notices]
[Page 3917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja04-61]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7614-4]
 
Two Proposed Administrative Settlements Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601 et 
seq., notice is hereby given that the United States Environmental 
Protection Agency is proposing to enter into an Agreement and Covenant 
Not to Sue (Prospective Purchaser Agreement) with Kelly Development LLC 
and a Settlement Agreement with responsible parties at the Frontier 
Hard Chrome National Priorities List Superfund Site.
    The Frontier Hard Chrome Site is located at 113 Y Street in 
Vancouver, Washington. The Site is the location of the former Frontier 
Hard Chrome chrome-plating facility. Discharges of chrome-plating waste 
at the Site have resulted in a plume of chromium-contaminated 
groundwater. The Site was listed on the National Priorities List and is 
being remediated by EPA using Superfund money pursuant to an Amended 
Record of Decision issued on August 30, 2001.
    The Property on which the chrome-plating facility was located is 
owned by Walter Neth, the Estate of Otto Neth, and the Lillian Mae Neth 
Family Trust (Settling PRPs). The Settling PRPs are seeking to sell the 
Property to Kelly Development LLC (Kelly). Kelly intends to purchase 
the Property, as well as the adjacent property, for development for 
light industrial uses, offices, and storage space.
    The proposed Prospective Purchaser Agreement would resolve certain 
potential claims of the United States under sections 106 and 107(a) of 
CERCLA, 42 U.S.C. 9606 and 9607(a), and section 7003 of RCRA, 42 U.S.C. 
6973 against Kelly Development LLC that may otherwise result from Kelly 
acquiring Site property. It would also grant a waiver of any lien that 
EPA may have on the Property under section 107(r) of CERCLA, 42 U.S.C. 
9607(r), as a result of response actions conducted by EPA on the 
Property. The proposed Settlement Agreement would resolve claims of the 
United States under sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 
and 9607(a) against the Settling PRPs.
    In exchange for its covenant not to sue in both agreements, EPA is 
receiving $180,000 less 87.5% of Settling PRPs' closing costs to be 
paid to a Superfund Special Account for use at the Site. Settling PRPs 
are also creating a Frontier Hard Chrome Environmental Trust (Trust), 
into which $30,000 will be paid. The total of $210,000 is 87.5% of the 
amount Kelly is paying to purchase the Site Property from the Settling 
PRPs. Settling PRPs are also funding the Trust with insurance policies 
covering the Site. The Trustee will pursue these policies and whatever 
proceeds are received will be transferred to the Superfund Special 
Account for the Site.
    EPA is allowing thirty (30) days for public comments. For thirty 
calendar days following the date of publication of this notice, EPA 
will receive written comments relating to the proposed Prospective 
Purchaser Agreement and Settlement Agreement. EPA's response to any 
comments received will be available for public inspection at the U.S. 
Environmental Protection Agency, Region 10, 1200 Sixth Ave., Seattle, 
WA 98101.

DATES: Comments must be submitted on or before February 26, 2004.

ADDRESSES: The proposed Prospective Purchaser Agreement, Settlement 
Agreement, and additional background documents relating to the 
settlements are available for public inspection at the Environmental 
Protection Agency, Region 10, 1200 Sixth Ave., Seattle, WA 98101. A 
copy of the proposed settlements may be obtained from Jennifer Byrne, 
Assistant Regional Counsel (ORC-158), Office of Regional Counsel, EPA 
Region 10, Seattle, WA 98101. Comments should reference ``Frontier Hard 
Chrome Settlements'' and ``Docket No. CERCLA-10-2003-0009'' and should 
be addressed to Jennifer Byrne at the above address.

FOR FURTHER INFORMATION CONTACT: Jennifer Byrne, Assistant Regional 
Counsel (ORC-158), Office of Regional Counsel, EPA Region 10, Seattle, 
WA 98101; phone: (206) 553-0050; fax: (206) 553-0163; e-mail: 
byrne.jennifer@epa.gov.

    Dated: August 4, 2003.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 04-1685 Filed 1-26-04; 8:45 am]
BILLING CODE 6560-50-P

 
 

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