[Federal Register Volume 66, Number 96 (Thursday, May 17, 2001)]
[Notices]
[Pages 27537-27538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12392]


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DEPARTMENT OF JUSTICE


Notice of Proposed Prospective Purchaser Agreement Pursuant to 
the Comprehensive Environmental Response, Compensation and Liability 
Act of 1980 and the Resource Conservation and Recovery Act

    In accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (``CERCLA''), 42 U.S.C. 
9601-9675, and section 7003 of the Solid Waste Disposal Act, commonly 
referred to as the Resource Conservation and Recovery Act of 1976, as 
amended by the Hazardous and Solid Waste Amendments of 1984 (``RCRA''), 
42 U.S.C. 6973, notice is hereby given of the execution of a proposed 
prospective purchaser agreement (``Purchaser Agreement''), associated 
with a commercial property located in Waynesboro, Virginia and 
presently owned by Genicom, Inc. (``Site''). The Purchaser Agreement 
has been executed by the Environmental Protection Agency (``EPA''), the 
Department of Justice, and the prospective purchaser, Solutions Way 
Management of Huntington, West Virginia.
    Genicom is a debtor in bankruptcy which has liquidated all of its 
assets other than certain accounts receivable, causes of action and the 
Site. Since entering bankruptcy in March, 2000, Genicom has continued 
to comply with a unilateral administrative order (``UAO'') issued 
against it by EPA in 1990 under Section 3008(h) of RCRA, 42 U.S.C. 
6928(h), with the financial assistance of a former owner of the Site. 
In the near future, Genicom will have no remaining assets to continue 
its compliance efforts. Solutions Way Management is the only entity 
that has shown any substantial interest in purchasing the Site. If the 
Site is not sold to Solutions Way Management, Genicom will seek to 
abandon it under 11 U.S.C. 554.
    The property subject to the Purchaser Agreement is located at 
Genicom Drive in Waynesboror, adjacent to the east side of the South 
River. Volatile organic compounds, such as trichloroethene, 1,2 
dicholorethene and 1,1,1 trichloroethane were released into the 
environment at the Site during a period of approximately 30 years, 
ending in the 1980s. As a result, soil and groundwater at the Site have 
been contaminated. Aeration is being used at the Site to reduce or 
eliminate groundwater contamination. One solid waste management unit 
(``SWMU'') at the Site, where two waste lagoons were formerly located, 
has been capped and is regulated under a closure permit that was issued 
in 1999 by the Commonwealth of Virginia's Department of Environmental 
Quality. It is expected that a permanent remedy for the Site will be 
proposed within a period of a few months.
    Under the terms of the Purchaser Agreement, the purchaser will 
inspect and maintain the cap for the SWMU referred to above, maintain 
records at the Site, be responsible for Site security, and submit 
detailed work, sampling and analytical plans to EPA in any instance 
were it proposes to develop the Site. In return, the purchaser will 
receive a covenant not to sue under Sections 106 and 107 of CERCLA, 42 
U.S.C. 9606 and 9607, and Sections 3008(h) and 7003 of the Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(h) and 6973. 
Since EPA has incurred no CERCLA response costs at the facility to 
date, the purchaser will not be making a cash payment in the United 
States.

DATES: Comments must be submitted on or before May 30, 2001. Comments 
should be submitted to Region III, U.S. Environmental Protection 
Agency, 1650 Arch Street, Philadelphia, PA 19103, ATTN: Kathleen Root, 
Esq. The Agency's response to any comments received will be available 
for public inspection at the U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, PA 19103.

AVAILABILITY: The proposed Purchaser Agreement and additional 
background information relating to the proposed Purchaser Agreement are 
available for public inspection at the U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103. A copy of 
the proposed Purchaser Agreement may be obtained from Suzanne Canning, 
U.S. Environmental Protection Agency,

[[Page 27538]]

Regional Docket Clerk (3RC00), 1650 Arch Street, Philadelphia, PA 
19103. Comments should reference the ``Genicom RCRA Site Prospective 
Purchaser Agreement'' and ``EPA Docket No. RCRA-03-2001-0272 and should 
be forwarded to Suzanne Canning at the above address.

FOR FURTHER INFORMATION CONTACT: Kathleen Root (3RC43), Sr. Assistant 
Regional Counsel, U.S. Environmental Protection Agency, 1650 Arch 
Street, Philadelphia, PA 19103, Phone: (215) 814-2684.

Robert Brook,
Department of Justice, Assistant Section Chief, Environmental 
Enforcement Section, Environmental and Natural Resources Division.
[FR Doc. 01-12392 Filed 5-16-01; 8:45 am]
BILLING CODE 4410-15-M