Notice2022-28310
Proposed CERCLA Administrative Settlement Agreement for Removal Action by Prospective Purchaser and Proposed CERCLA Administrative Cost Recovery Settlement: Wells G&H Superfund Site, Woburn, Massachusetts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 29, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given by EPA Region 1 of a proposed settlement comprised of two administrative agreements, an administrative Settlement Agreement under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") ("122(h) Agreement"), In the Matter of: Wells G&H Superfund Site, Woburn, MA: Olympia Nominee Trust et al., EPA Region 1, CERCLA Docket No. 01-2022-0057, and an Administrative Settlement Agreement for Removal Action by Prospective Purchaser ("PPA"), In the Matter of: Wells G&H Superfund Site, Woburn, MA: IV5 60 Oympia Ave LLC et al., EPA Region 1, CERCLA Docket No. 01-2022-0056.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80183-80184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28310]
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ENVIRONMENTAL PROTECTION AGENCY
[CERCLA 01-2022-0056 and 01-2022-0057; FRL-10526-01-R1]
Proposed CERCLA Administrative Settlement Agreement for Removal
Action by Prospective Purchaser and Proposed CERCLA Administrative Cost
Recovery Settlement: Wells G&H Superfund Site, Woburn, Massachusetts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comments.
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SUMMARY: Notice is hereby given by EPA Region 1 of a proposed
settlement comprised of two administrative agreements, an
administrative Settlement Agreement under Section 122(h)(1) of the
Comprehensive Environmental Response, Compensation and Liability Act
(``CERCLA'') (``122(h) Agreement''), In the Matter of: Wells G&H
Superfund Site, Woburn, MA: Olympia Nominee Trust et al., EPA Region 1,
CERCLA Docket No. 01-2022-0057, and an Administrative Settlement
Agreement for Removal Action by Prospective Purchaser (``PPA''), In the
Matter of: Wells G&H Superfund Site, Woburn, MA: IV5 60 Oympia Ave LLC
et al., EPA Region 1, CERCLA Docket No. 01-2022-0056.
DATES: Comments must be submitted by January 30, 2023.
ADDRESSES: Comments should be addressed to RuthAnn Sherman, Senior
Enforcement Counsel, Office of Regional Counsel, U.S. Environmental
Protection Agency, 5 Post Office Square, Suite 100 (04-2), Boston, MA
02109-3912, (617) 918-1886, <a href="/cdn-cgi/l/email-protection#f2819a97809f939cdc8087869a939c9cb2978293dc959d84"><span class="__cf_email__" data-cfemail="5c2f34392e313d32722e2928343d32321c392c3d723b332a">[email protected]</span></a>, and should
reference the Wells G&H Superfund Site, U.S. EPA Docket Nos: CERCLA 01-
2022-0056 and CERCLA 01-2022-0057.
FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may
be obtained from RuthAnn Sherman, Senior Enforcement Counsel, Office of
Regional Counsel, U.S. Environmental Protection Agency, Region I, 5
Post Office Square, Suite 100 (04-2), Boston, MA 02109-3912, telephone
number: (617) 918-1886, email address: <a href="/cdn-cgi/l/email-protection#85f6ede0f7e8e4ebabf7f0f1ede4ebebc5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="43302b26312e222d6d3136372b222d2d032633226d242c35">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The EPA and the respective nonfederal
parties have signed these agreements and the settlement has been
approved by the Environmental and Natural Resources Division of the
United States Department of Justice. The settlement is for recovery of
response costs and performance of a response action related to two
parcels totaling 21.3 acres (the ``Property''), located within the 330-
acre Wells G&H Superfund Site, in Woburn, Massachusetts (the ``Site'').
Under the 122(h) Agreement, three current and former owners and
operators of the Property (collectively, ``Olympia'') will pay $1.2
million in reimbursement of past response costs paid by the United
States in connection with an ongoing removal action at the Property,
started by Olympia approximately 18 years ago. Under the PPA, two non-
liable prospective purchasers will enhance and accelerate the removal
action, including the cleanup of trichloroethylene in soils and
volatile organic compounds in groundwater, pay 80% of EPA's future
oversight costs, and pay 100% of the United States' other future
response costs. The prospective purchasers in the PPA are: IV5 60
OLYMPIA AVE LLC and IV5 60 OLYMPIA AVE LAND LLC; and the Settling
Parties in the 122(h) Agreement are: Olympia Nominee Trust, Olympia
Aberjona, LLC, and Juniper Development Group LLC. The settlement has
been approved by the Environmental and Natural Resources Division of
the United States Department of Justice. For 30 days following the date
of publication of this notice, the United States will receive
[[Page 80184]]
written comments relating to the settlement. The United States will
consider all comments received and may modify or withdraw its consent
to this settlement if comments received disclose facts or
considerations which indicate that the settlement is inappropriate,
improper, or inadequate. The United States' response to any comments
received will be available for public inspection at the Environmental
Protection Agency--Region 1, 5 Post Office Square, Suite 100, Boston,
MA 02109-3912.
This proposed settlement comprised of two administrative agreements
concerning the Wells G&H Superfund Site, located in Woburn, Middlesex
County, Massachusetts, is made in accordance with the authority of the
Attorney General to compromise and settle claims of the United States,
consistent with the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA).
For 30 days following the date of publication of this notice, the
United States will receive written comments relating to the settlement.
The Effective Date of the PPA is the date upon which both of the
following events have occurred: (a) EPA issues written notice to
Purchaser that the public comment period has closed and the United
States, after review of and response to any public comments received,
has determined not to withhold its consent or seek to modify the
Agreement; and (b) Purchaser has executed the Prospective Purchaser
Agreement; and (3) Purchaser has closed on the purchase of the property
at the Site. Upon the Effective Date of the PPA, the Settling Parties
under the 122(h) Agreement shall pay the $1.2 million in past response
costs.
Dated: December 22, 2022.
Bryan Olson,
Director, Superfund and Emergency Management Division.
[FR Doc. 2022-28310 Filed 12-28-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 29, 2022.
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