[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Notices]
[Pages 3706-3707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1881]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7132-9]


Proposed Agreement and Covenant Not To Sue Pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980, As Amended by the Superfund Amendments and Reauthorization Act 
of 1986; In Re: Pittsfield Economic Development Authority (``PEDA''), 
Related to CERCLA Site Known as the GE-Pittsfield/Housatonic River 
Site, Located in Pittsfield, MA

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed prospective purchaser agreement; request for 
public comment.

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SUMMARY: In accordance with the Comprehensive Environmental Response 
Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 
9601, et seq., notice is hereby given of a Prospective Purchaser 
Agreement and Covenant Not to Sue between the United States, on behalf 
of the U.S. Environmental Protection Agency (``EPA'' or the 
``Agency''), and the Pittsfield Economic Development Authority (PEDA) 
(``Purchaser''). The Purchaser plans to acquire 52 acres of the GE-
Pittsfield/Housatonic River Site for the purpose of redeveloping for 
the economic benefit of the City of Pittsfield. Pursuant to a 
Definitive Economic Development Agreement entered into by PEDA, the 
City, and the General Electric Company (``GE''), approximately 52 acres 
of the GE-Pittsfield/Housatonic River Site will be transferred to PEDA 
after the completion of removal actions pursuant to a CERCLA consent 
decree entered by the United States District Court in the matter of 
United States v. General Electric Company, Civil Docket No. 99-30225-
MAP. PEDA will be the fee owner of property transferred to it by GE and 
will be responsible for managing future land uses thereon. Under the 
Proposed Agreement, the United States grants a Covenant Not to Sue to 
the Purchaser under provisions of CERCLA, the Resource Conservation and 
Recovery Act, the Oil Pollution Act, the Clean

[[Page 3707]]

Water Act, the Toxic Substances Control Act, and the Rivers and Harbors 
Act, with respect to existing contamination at the Site. In exchange, 
the Purchaser agrees to perform the following with respect to the 
property: grant access; abide by the terms of institutional controls; 
perform post-removal site control work for the response actions 
undertaken at the Property; and pay the natural resource trustees up to 
$4 million, consisting of in-kind services and/or a percentage of 
PEDA's net revenues. In addition, under the Agreement, PEDA will abide 
by its obligations in the Consent Decree and provide particular 
covenants not to sue the government.
    For thirty (30) days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
settlement. The Agency will consider all comments received and may 
modify or withdraw its consent to the settlement if comments received 
disclose facts or considerations which indicate that the settlement is 
inappropriate, improper, or inadequate. The Agency's response to any 
comments received will be available for public inspection at One 
Congress Street, Boston, MA 02114.

DATES: Comments must be submitted on or before February 25, 2002.

ADDRESSES: Comments should be addressed to the Regional Hearing Clerk, 
U.S. Environmental Protection Agency, Region 1, One Congress Street, 
Suite 1100, Mailcode RAA, Boston, Massachusetts 02203, and should refer 
to: In re: Pittsfield Economic Development Authority (PEDA) related to 
CERCLA Site known as the GE-Pittsfield/Housatonic River Site, U.S. EPA 
Docket No. CERCLA-01-2002-0007.

FOR FURTHER INFORMATION CONTACT: A copy of the proposed Agreement and 
Covenant Not to Sue can be obtained from Rose Howell, Paralegal, U.S. 
Environmental Protection Agency, Region 1, One Congress Street, 
Mailcode HIO, Boston, Massachusetts 02214, (617) 918-1213.

    Dated: January 3, 2002.
Robert W. Varney,
Regional Administrator, New England Region.
[FR Doc. 02-1881 Filed 1-24-02; 8:45 am]
BILLING CODE 6560-50-P