[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Notices]
[Page 78436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22430]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8264-6]
Fort Ord Superfund Site; Proposed Notice of Administrative Order
on Consent for Cleanup of Portions of the Former Fort Ord
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a proposed Administrative Order on
Consent (``Agreement'') concerning portions of the Fort Ord Superfund
Site (``Site'') in Monterey, California has been negotiated by the
United States Environmental Protection Agency (``EPA''), the California
Department of Toxic Substances Control (``DTSC'') and the Fort Ord
Reuse Authority (``Respondent'') subject to the final review and
approval of the EPA, DTSC and the U.S. Department of Justice. The
proposed Agreement concerns cleanup of portions of the Site pursuant to
the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9604, 9606 and 9622 (``CERCLA''). Pursuant to a Federal
Facilities Agreement (``FFA''), the U.S. Army (``Army'') is required to
perform the CERCLA response actions for the Site; however, the FFA will
be amended to suspend the obligations of the Army to conduct those
response actions that will be undertaken by the Respondent pursuant to
the Agreement. The Army is preparing a Finding of Suitability for Early
Transfer (``FOSET''), which will be submitted to EPA Region 9, and the
State of California for their approval after a public comment period.
Upon approval of the FOSET, the Army will transfer portions of the Site
to the Respondent. The Army and the Respondent will enter into an
Environmental Services Cooperative Agreement, which will require the
Respondent to perform certain CERCLA response actions on the
transferred portions of the Site, using grant monies from the Army. The
proposed Agreement would require the Respondent to prepare and perform
removal actions, one or more remedial investigations and feasibility
studies and one or more remedial designs and remedial actions for
certain contaminants present on the transferred portions of the Site,
under the oversight of EPA and the State of California. The proposed
Agreement includes EPA and DTSC covenants not to sue or to take
administrative action against the Respondent, provided that the
Respondent complies with all the terms and conditions of the Agreement.
The Agreement also commits the Respondent to reimburse direct and
indirect future response costs incurred by EPA and DTSC in connection
with actions conducted under CERCLA at the transferred portions of the
Site.
For thirty (30) calendar days following the date of publication of
this notice, EPA will receive written comments relating to the proposed
Agreement. EPA's response to any comments received will be available
for public inspection at the U.S. Environmental Protection Agency, 75
Hawthorne Street, San Francisco, CA 94105.
DATES: Comments must be submitted on or before January 29, 2007.
ADDRESSES: The proposed Agreement may be obtained from Judith Winchell,
Docket Clerk, telephone (415) 972-3124. Comments regarding the proposed
Agreement should be addressed to Judith Winchell (SFD-7) at United
States EPA Region IX, 75 Hawthorne Street, San Francisco, California
94105, and should reference ``Former Fort Ord Superfund Site,'' and
``Docket No. R9-2007-03''.
FOR FURTHER INFORMATION CONTACT: Michele Benson, Assistant Regional
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; E-mail:
[email protected]; phone: (415) 972-3918.
Dated: December 20, 2006.
Keith Takata,
Director, Superfund Division, Region IX.
[FR Doc. E6-22430 Filed 12-28-06; 8:45 am]
BILLING CODE 6560-50-P