[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Pages 343-344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7606-4]


Grant Warehouse Time-Critical Removal 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 (CERCLA), 42 U.S.C. 9601 et 
seq., notice is hereby given that a proposed Agreement and Covenant Not 
to Sue (Prospective Purchaser Agreement) associated with the Grant 
Warehouse Time-Critical Removal Site (``Site'') was executed by the 
United States Environmental Protection Agency (EPA) on December 22, 
2003. The proposed Prospective Purchaser Agreement would resolve 
certain potential claims of the United States under sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), against the Portland 
Development Commission (``PDC''), an urban renewal agency of the city 
of Portland, Oregon.

DATES: Comments must be submitted on or before January 20, 2004.

ADDRESSES: The proposed Prospective Purchaser Agreement and additional 
background documents relating to the settlement are available for 
public inspection at the U.S. Environmental Protection Agency, 1200 
Sixth Ave., Seattle, WA 98101. A copy of the proposed settlement may be 
obtained from Dean Ingemansen, Assistant

[[Page 344]]

Regional Counsel (ORC-158), Office of Regional Counsel, U.S. EPA Region 
10, Seattle, WA 98101. Comments should reference ``Portland Development 
Commission PPA, Grant Warehouse Time-Critical Removal Site'' and 
``Docket No. CERCLA-10-2004-0022'' and should be addressed to Dean 
Ingemansen at the above address.

FOR FURTHER INFORMATION CONTACT: Dean Ingemansen, Assistant Regional 
Counsel (ORC-158), Office of Regional Counsel, U.S. EPA Region 10, 
Seattle, WA 98101; phone: (206) 553-1744; fax: (206) 553-0163; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: PDC plans to purchase the Site property, 
located at 3368 N.E. Martin Luther King, Jr. Blvd., Portland, Oregon, 
and consisting of Lots 29, 30, and 31 in Block 13, Albina, City of 
Portland, as part of the city's redevelopment of the Martin Luther King 
Boulevard corridor in NE Portland. PDC will purchase the property for 
its appraised value of $177,000.00, complete remediation of the 
property, and then redevelop the property which is located in a low-
income, environmental justice community. PDC's redevelopment plans 
include construction of some low-income housing and more desirable 
retail businesses.
    PDC is also planning to complete remediation of the Site property 
to a level that will allow for unrestricted use. EPA's time-critical 
removal action in 1998 and 1999 merely addressed the immediate 
environmental threats posed by the uncontrolled storage of hazardous 
substances at the Site, whereas PDC's additional cleanup actions will 
allow for residential as well as commercial uses at the Site. PDC has 
budgeted approximately $514,000 for remediation of the site property 
and for tearing down the warehouse itself. Part of this budget includes 
a $200,000 Brownfields Site Remediation grant from EPA.
    At the same time as EPA is entering into this PPA, the United 
States is also entering into a consent decree with the current Site 
owner, Mr. Erwin Grant. The consent decree provides that Mr. Grant will 
sell the Site property to PDC for its appraised fair market value of 
$177,000.00, and that Mr. Grant will pass on to EPA one-half of that 
amount, or $88,500.00 in cash, which will be placed into the EPA 
Hazardous Substances Superfund. Mr. Grant will then receive 
contribution protection and a covenant not to sue from the United 
States. The United States Department of Justice has published a notice 
in the Federal Register requesting comments on the consent decree. 
Persons interested in submitting comments on the proposed consent 
decree should address those comments to the following: Assistant 
Attorney General, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to United States of America v. Erwin Grant and Real Property 
Located at 3368 N.E. Martin Luther King, Jr. Boulevard, D.J. Ref. 90-
11-3-06611/1.
    The Brownfields grant requires PDC to take title to the property 
before EPA can finalize the grant. EPA Headquarters has given PDC until 
January 29, 2004, to take title to the Site property. If PDC fails to 
take title by that date, the grant funding will no longer be available. 
EPA Headquarters has informed Region 10 and PDC that no extensions will 
be granted. As such, EPA is allowing fifteen days for public comment on 
the PPA. For fifteen calendar days following the date of publication of 
this notice, EPA will receive written comments relating to the proposed 
Prospective Purchaser Agreement. EPA's response to any comments 
received will be available for public inspection at the U.S. 
Environmental Protection Agency, 1200 Sixth Ave., Seattle, WA 98101.

    Dated: December 23, 2003.
L. John Iani,
Regional Administrator, Region 10.
[FR Doc. 04-13 Filed 1-2-04; 8:45 am]
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