Notice2024-25563
Proposed CERCLA Administrative Settlement Agreement by America West Investments, LLC and Tooele City Corporation, Broadway Hotel Site, Tooele, Utah
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
November 4, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Notice is hereby given by the U.S. Environmental Protection Agency (EPA), Region 8, of a prospective purchaser and ability to pay agreement entered into voluntarily by the United States of America ("United States") on behalf of the United States Environmental Protection Agency ("EPA"), America West Investments, LLC ("Settling Party") and Tooele City Corporation ("Purchaser") in connection with the Broadway Hotel Superfund Site in Tooele, Tooele County, Utah ("Site"). It is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the proposed agreement is inappropriate, improper, or inadequate.
Full Text
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<title>Federal Register, Volume 89 Issue 213 (Monday, November 4, 2024)</title>
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[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87573-87574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25563]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R08-SFUND-2024-0441; FRL-12262-01-R8]
Proposed CERCLA Administrative Settlement Agreement by America
West Investments, LLC and Tooele City Corporation, Broadway Hotel Site,
Tooele, Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comment.
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[[Page 87574]]
SUMMARY: Notice is hereby given by the U.S. Environmental Protection
Agency (EPA), Region 8, of a prospective purchaser and ability to pay
agreement entered into voluntarily by the United States of America
(``United States'') on behalf of the United States Environmental
Protection Agency (``EPA''), America West Investments, LLC (``Settling
Party'') and Tooele City Corporation (``Purchaser'') in connection with
the Broadway Hotel Superfund Site in Tooele, Tooele County, Utah
(``Site''). It is now subject to public comment, after which EPA may
modify or withdraw its consent if comments received disclose facts or
considerations that indicate that the proposed agreement is
inappropriate, improper, or inadequate.
DATES: Comments must be submitted on or before December 4, 2024.
ADDRESSES: The proposed agreement and additional background information
relating to the agreement will be available upon request. Any comments
or requests or for a copy of the proposed agreement should be addressed
to Crystal Kotowski-Edmunds, Enforcement Specialist, Superfund and
Emergency Management Division, Environmental Protection Agency, Region
8, Mail Code 8SEM-PAC, 1595 Wynkoop Street, Denver, Colorado 80202,
telephone number: (303) 312-6124, email address:
<a href="/cdn-cgi/l/email-protection#b7d2d3dac2d9d3c499d4c5cec4c3d6dbf7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="3055545d455e54431e5342494344515c705540511e575f46">[email protected]</span></a>, and should reference the Broadway Hotel Site.
You may also send comments, identified by Docket ID No. EPA-R08-SFUND-
2024-0441, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Paige Lambert-Wright, Attorney, Office
of Regional Counsel, Environmental Protection Agency, Region 8, Mail
Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado 80202, telephone number:
(303) 312-6762, email address: <a href="/cdn-cgi/l/email-protection#bbccc9d2dcd3cf95cbdad2dcdefbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="6d1a1f040a0519431d0c040a082d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed settlement will resolve the
liability of America West Investments, LLC (``Settling Party''), the
potentially responsible party (``PRP'') at the Site, and facilitate the
transfer of Settling Party's property to prospective purchaser Tooele
City Corporation (Purchaser) for redevelopment.
Settling Party will sell its property (seven parcels, totaling
approximately 1.3 acres) (Property) to Purchaser for $300,000. This
amount was determined to be the fair market value of the Property in an
appraisal dated June 5, 2024, conducted by a qualified appraiser
certified to meet the Uniform Standards of Professional Appraisal
Practice. Settling Party will pay the EPA 100% of the Net Sales
Proceeds of the sale. Net Sales Proceeds is defined in the proposed
settlement agreement to exclude reasonable closing costs, broker's
fees, and State or local taxes paid regarding the sale. Additionally,
the definition of Net Sales Proceeds incorporates an exclusion for a
sum certain value of $20,000, as part of the resolution of United
States v. Daniel J. Brett, Case No. 2:24-cr-00037 (D. Utah).
Purchaser will acquire the Property and comply with property
requirements including release reporting, providing cooperation and
access, exercising appropriate care with respect to hazardous
substances, and providing notice to successors-in-title. Purchaser will
make a one-time payment to the EPA in the amount of $30,000 and has
also agreed to redevelop the Property for the public interest.
This proposed settlement will resolve Settling Party's liability
under sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a),
for the Site. The EPA will provide covenants not to sue or take
administrative action against Settling Party, contingent on compliance
with the agreement and subject to the standard reservations. The EPA
will also provide Settling Party contribution protection pursuant to
CERCLA section 113(f)(2) and 122(h)(4).
The EPA will provide covenants not to sue or take administrative
action under CERCLA sections 106 and 107(a) against Purchaser for
Existing Contamination, contingent on compliance with the agreement and
subject to the standard reservations. The EPA will also provide
Purchaser contribution protection pursuant to CERCLA sections 113(f)(2)
and 122(h)(4).
For thirty (30) days following the date of publication of this
document, EPA will receive electronic comments relating to the proposed
agreement. EPA's response to any comments received will be available
for public inspection by request. Please see the ADDRESSES section of
this document for instructions.
Aaron Urdiales,
Division Director, Superfund and Emergency Management Division, Region
8.
[FR Doc. 2024-25563 Filed 11-1-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on November 4, 2024.
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