[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Page 78436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22430]




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 
    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]