[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Page 81157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27624]


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DEPARTMENT OF JUSTICE


Notice of Proposed Administrative Settlement Order on Consent and 
Bona Fide Prospective Purchaser Agreement

    The United States Department of Justice, on behalf of the 
Environmental Protection Agency (``United States''), proposes to enter 
into an Administrative Settlement Order on Consent and Bona Fide 
Prospective Purchaser Agreement (``BFPP Agreement'') with Star Forge, 
LLC (``Purchaser'') regarding real property located at 8531 East 
Marginal Way South in Seattle, Washington (the ``Property''). The 
Property is located in and part of the ``Lower Duwamish Waterway 
Superfund Site'' (the ``LDW Site''). Under the BFPP Agreement, 
Purchaser agrees to perform a removal action in accordance with the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601-9675, at the Property. Additionally, 
Purchaser agrees to pay $500,000 to an escrow account to be established 
by Purchaser and dedicated to the ongoing cleanup of the LDW Site.
    The proposed BFPP Agreement helps to ensure the timely performance 
of all response actions EPA has selected for the Property by specifying 
that the Purchaser cooperate with the United States to satisfy 
remaining obligations under an existing Administrative Order between 
EPA, the current owner of the Property (Jorgensen Forge Corporation, in 
bankruptcy), and an adjoining landowner. The BFPP Agreement also 
requires Purchaser to institute and abide by appropriate institutional 
controls at the Property and requires Purchaser to exercise due care in 
its future operations to ensure that those operations will not 
exacerbate or contribute to existing contamination.
    In exchange, EPA provides the Buyer with a covenant not to sue for 
response costs, and potential response costs, incurred in connection 
with existing contamination at the Facility. The BFPP expressly 
reserves EPA's rights against the Purchaser for any activities that 
result in new releases of hazardous substances or aggravation of 
existing contamination at or from the Property. The proposed 
settlement, including the $500,000 payment, represents fair 
consideration for the covenant provided to the Purchaser, given the 
Purchaser's limited potential liability for existing contamination.
    The publication of this notice opens a period for public comment on 
the proposed Administrative Settlement and Bona Fide Prospective 
Purchaser Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In the Matter of Lower Duwamish Waterway Superfund 
Site, ADMINISTRATIVE SETTLEMENT ORDER ON CONSENT AND BONA FIDE 
PROSPECTIVE PURCHASER AGREEMENT, DJ Reference Number 90-11-3-07227/9. 
All comments must be submitted no later than seven (7) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed Settlement Agreement 
and Bona Fide Prospective Purchaser Agreement may be examined and 
downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent_decrees.html. We will provide a paper copy of the Consent 
Decree upon written request and payment of reproduction costs. Please 
mail your request and payment to: Consent Decree Library, U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $ 5.25 (25 cents per page 
reproduction cost, excluding attachments) payable to the United States 
Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-27624 Filed 11-16-16; 8:45 am]
BILLING CODE 4410-16-P