[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Page 68613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19989]
[[Page 68613]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8248-7]
Proposed Agreement and Covenant Not To Sue for the Portland
Harbor Superfund Site, Triangle Park Removal Area, and the McCormick &
Baxter, Inc. Superfund Site, Portland, Multnomah County, OR
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed agreement; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Comprehensive Environmental Response
Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA''),
notice is hereby given of the proposed Agreement between the U.S.
Environmental Protection Agency (``EPA'') and the University of
Portland (``University''), subject to the final review and approval of
the EPA and the U.S. Department of Justice. The proposed Agreement
relates to the University's plan to expand its campus by purchasing two
adjacent properties, one currently owned by Triangle Park LLC at 5828
N. Van Houten Place, Portland, and the other currently owned by
McCormick & Baxter, Inc. at 6900 Edgewater, Portland (the
``Properties''). The Properties are contiguous with the Willamette
River. The University is certifying that it did not cause or contribute
to the contamination at either the Portland Harbor or McCormick &
Baxter Sites. The Agreement provides for the University to spend $3
million conducting a non-time critical removal action on the Triangle
Park property. The University seeks to continue to pursue and expand
its educational and service mission by relocating certain athletic
facilities, freeing up its existing land for construction of academic
buildings. The University's plan includes public access to the
Properties, and recreational opportunities, including a planned
riverfront trail. In addition to conducting the $3 million removal
action, the University will pay EPA's costs of overseeing that removal
action. In exchange for this consideration, the proposed Agreement
contains the United States' conditional covenant not to sue the
University for existing contamination at the Sites. The covenant is
subject to certain reservations set forth in the Agreement. In
addition, the proposed Agreement provides protection from third-party
law suits for contribution. In order for the University to purchase the
Triangle Park property by the closing date in the agreement for the
purchase of that property (December 31, 2006), EPA is allowing just
over fifteen (15) days for public comment on the Agreement.
DATES: Comments must be submitted by December 18, 2006. EPA and the
Department of Justice will consider all comments received and may
modify or withdraw the Agreement if comments received or any other
information indicates that such action is appropriate.
ADDRESSES: The proposed agreement is available for public inspection at
the U.S. Environmental Protection Agency, Region 10 Office located at
1200 Sixth Avenue, in Seattle, Washington 98101. A copy of the proposed
Agreement may be obtained from Carol Kennedy, Regional Hearing Clerk,
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue,
Mail Code ORC-158 Seattle, Washington 98101; (206) 553-0242. Comments
should refer to the Portland Harbor Superfund Site, Triangle Park
Removal Area, & McCormick & Baxter Superfund Site, Portland, Oregon,
and should be addressed to Jennifer G. MacDonald, Assistant Regional
Counsel, U.S. Environmental Protection Agency, Region 10, 1200 Sixth
Avenue, Mail Code ORC-158 Seattle, Washington 98101; fax: (206) 553-
0163; e-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Jennifer G. MacDonald, Assistant
Regional Counsel, U.S. Environmental Protection Agency-Region 10, Mail
Code ORC-158, 1200 Sixth Avenue, Seattle, Washington 98101; phone:
(206) 553-8311.
Dated: November 20, 2006.
Elin D. Miller,
Regional Administrator, U.S. Environmental Protection Agency, Region
10.
[FR Doc. E6-19989 Filed 11-24-06; 8:45 am]
BILLING CODE 6560-50-P