[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]]

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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.

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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