[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Notices]
[Pages 87934-87935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29240]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA 2016-09; FRL 9955-93-Region 9]


Proposed Agreement and Order on Consent for Certain CERCLA 
Response Activities by Tenant as Bona Fide Prospective Purchaser

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 122(i) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a 
proposed settlement, embodied in an Agreement and Order on Consent 
(Agreement), between the United States on behalf of the Environmental 
Protection Agency (EPA) and Planetary Ventures, LLC (PV), a Delaware 
Limited liability company. PV represents that, as a lessee from the 
National Aeronautics and Space Administration (NASA) of the Moffett 
Field Leasehold within the former NAS Moffett Field Superfund site in 
Santa Clara County, California, it is a bona fide prospective 
purchaser, as described by CERCLA section 101(40), 42 U.S.C. 9601(40) 
and through the Agreement would maintain that status. Under the 
Agreement, PV agrees to perform a pilot study for evaluating 
alternatives for abating contaminants in the coating and paint in the 
superstructure of Hangar One, and, if selected by NASA, to conduct a 
non-time critical removal action at Hangar One. The Agreement also 
requires PV to pay EPA oversight costs for this work, and includes a 
covenant not to sue PV pursuant to sections 106 or 107(a) of CERCLA, 42 
U.S.C. 9606 or 9607(a).

DATES: Written comments must be received on or before January 5, 2017. 
For thirty (30) days following the date of publication of this notice, 
EPA will consider all comments received on this agreement and may 
modify or withdraw its consent to the agreement if comments received 
disclose facts or considerations that indicate that the settlement is 
inappropriate, improper, or inadequate.

ADDRESSES: EPA's response to any comments and the proposed agreement

[[Page 87935]]

are available for public inspection at the EPA Region IX, Regional 
Records Center, 75 Hawthorne Street, San Francisco, CA 94105, 415-947-
8717. A copy of the proposed agreement may be obtained from Judy Huang, 
EPA Region IX, 75 Hawthorne Street, SFD-8-3, San Francisco, CA, 94105, 
telephone number 415-972-3914. Comments should reference Docket ID 
Number EPA 2016-09 and should be addressed to Ms. Huang at the above 
address or electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: Bethany Dreyfus, Assistant Regional 
Counsel (ORC-3), Office of Regional Counsel, U.S. EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; Email: 
[email protected]; Phone (415) 972-3886.

    Dated: November 21, 2016.
Enrique Manzanilla,
Director, Superfund Division, EPA Region 9.
[FR Doc. 2016-29240 Filed 12-5-16; 8:45 am]
 BILLING CODE 6560-50-P