[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Pages 53627-53628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27271]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5909-3]


South Bay Asbestos Superfund Site; Notice of Proposed 
Administrative Settlement

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, as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (CERCLA), 42 U.S.C. 9600 et 
seq., notice is hereby given that on September 30, 1997, the United 
States Environmental Protection Agency (EPA) and the United States 
Department of Justice (DOJ) executed two proposed Prospective Purchaser 
Agreements pertaining to property transactions within the South Bay 
Asbestos Superfund Site. The Purchasers plan to acquire parcels, 
totaling 24.5 acres, within the South Bay Asbestos Superfund Site, 
located in San Jose, California. The Parcels will be developed for 
office, research, light industrial, commercial service, and restaurant 
uses.
    There are two Prospective Purchaser Agreements because the property 
is divided into an East and West Parcel and each parcel has different 
lenders. The proposed Agreements will resolve certain potential claims 
of the United States under section 106 and 107 of CERCLA, 42 U.S.C. 
9606 and 9607, and section 7003 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C 6973, against Lincoln Property Company No. 2233 (East 
Parcel Agreement) and Lincoln 237 Associates (West Parcel Agreement). 
Lincoln Property Company No. 2233 and Lincoln 237 Associates are 
jointly referenced as (the Purchasers). The proposed settlement will 
require the Purchasers to make a one-time payment of $125,000 for the 
East Parcel Agreement and $75,000 for the West Parcel Agreement. 
Payments will be made to the EPA Hazardous Substance Superfund. In 
addition, any disturbance of soils on the East Parcel must comply with 
the Soil Management Plan (SMP), attached as exhibit 3 to the East 
Parcel Agreement.
    For thirty (30) calendar days following the date of publication of 
this document, EPA will rece0ive written comments relating to this 
proposed settlement. EPA's response to any comments received will be 
available for public inspection at the U.S.

[[Page 53628]]

Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 
94105.

DATES: Comments must be submitted on or before November 14, 1997.

Availability

    The proposed Prospective Purchaser Agreements are available for 
public inspection at the U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105. A copy of the proposed 
settlement may also be obtained from Jeannie Cervera, Assistant 
Regional Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region 
IX, 75 Hawthorne Street, San Francisco, CA 94105. Comments should 
reference ``Lincoln Property Company No. 2233 (East Parcel) and Lincoln 
237 Associates (West Parcel)--``South Bay Asbestos Superfund Site'' and 
``Docket Numbers 97-14 and 97-15'' and should be addressed to Jeannie 
Cervera at the above address.

FOR FURTHER INFORMATION CONTACT: Jeannie Cervera, 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) 744-1395.

    Dated: October 6, 1997.
Frederick Schauffler
Director, Superfund Division, Region IX.
[FR Doc. 97-27271 Filed 10-14-97; 8:45 am]
BILLING CODE 6560-50-P