First Modification to Bona Fide Prospective Purchaser Proposed Settlement Agreement and Covenant Not To Sue and Prospective Purchaser Proposed Settlement Agreement and Covenant Not To Sue Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended; In Re: Mohawk Tannery Site, Located in Nashua, New Hampshire
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Issuing agencies
Abstract
The U.S. Environmental Protection Agency ("EPA") hereby provides notice of two proposed settlement agreements: the First Modification to Bona Fide Prospective Purchaser Settlement Agreement for Removal Action ("Blaylock Modified BFPPA") between EPA and Blaylock LLC ("Blaylock"); and the Prospective Purchaser Settlement Agreement for CERCLA Response Actions ("Greenfield PPA") between EPA and prospective purchaser Greenfield Environmental Mohawk Tannery Trust LLC, in its representative capacity as Trustee of the Mohawk Tannery Site Environmental Response Trust ("Greenfield"). The two settlement agreements concern the Mohawk Tannery Site in Nashua, New Hampshire. The Blaylock Modified PPA and the Greenfield PPA are entered into pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA," also known as the Superfund law), and the authority of the Attorney General of the United States to compromise and settle claims of the United States. The proposed Blaylock Modified BFPPA is between the U.S. Environmental Protection Agency ("EPA") and bona fide prospective purchaser Blaylock Holdings, LLC. The proposed Blaylock Modified BFPPA requires that Blaylock conduct work under EPA oversight in exchange for a covenant not to sue pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for existing contamination at the Mohawk Tannery Site. The Blaylock Modified BFPPA provides pre- authorized mixed funding for the work. Under the Greenfield PPA, Greenfield has an agreement to assume long-term ownership duties and to perform post-removal site controls in connection with approximately 4 acres of property (the "Containment Parcel") located in Nashua, New Hampshire, which is a part of the Mohawk Tannery Site as set forth in the Blaylock Modified BFPPA, EPA Region 1 CERCLA Docket No. 01-2024- 0056 pertaining to the Site and the Containment Parcel, which is a portion of the Site. Blaylock and Greenfield consent to and will not contest the authority of the United States to enter into the Blaylock Modified BFPPA and the Greenfield PPA, or to implement or enforce their respective terms. Blaylock and Greenfield recognize that these settlement agreements have been negotiated in good faith and that the Blaylock Modified BFPPA and Greenfield PPA are entered into without the admission or adjudication of any issue of fact or law.
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<title>Federal Register, Volume 90 Issue 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Pages 21030-21031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08725]
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ENVIRONMENTAL PROTECTION AGENCY
[CERCLA 01-2020-0063 and 01-2024-0056; EPA-R01-SFUND-2025-0117; FRL-
12709-01-R1]
First Modification to Bona Fide Prospective Purchaser Proposed
Settlement Agreement and Covenant Not To Sue and Prospective Purchaser
Proposed Settlement Agreement and Covenant Not To Sue Pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as Amended; In Re: Mohawk Tannery Site, Located in Nashua, New
Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') hereby
provides notice of two proposed
[[Page 21031]]
settlement agreements: the First Modification to Bona Fide Prospective
Purchaser Settlement Agreement for Removal Action (``Blaylock Modified
BFPPA'') between EPA and Blaylock LLC (``Blaylock''); and the
Prospective Purchaser Settlement Agreement for CERCLA Response Actions
(``Greenfield PPA'') between EPA and prospective purchaser Greenfield
Environmental Mohawk Tannery Trust LLC, in its representative capacity
as Trustee of the Mohawk Tannery Site Environmental Response Trust
(``Greenfield''). The two settlement agreements concern the Mohawk
Tannery Site in Nashua, New Hampshire. The Blaylock Modified PPA and
the Greenfield PPA are entered into pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended
(``CERCLA,'' also known as the Superfund law), and the authority of the
Attorney General of the United States to compromise and settle claims
of the United States. The proposed Blaylock Modified BFPPA is between
the U.S. Environmental Protection Agency (``EPA'') and bona fide
prospective purchaser Blaylock Holdings, LLC. The proposed Blaylock
Modified BFPPA requires that Blaylock conduct work under EPA oversight
in exchange for a covenant not to sue pursuant to sections 106 and
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for existing contamination
at the Mohawk Tannery Site. The Blaylock Modified BFPPA provides pre-
authorized mixed funding for the work. Under the Greenfield PPA,
Greenfield has an agreement to assume long-term ownership duties and to
perform post-removal site controls in connection with approximately 4
acres of property (the ``Containment Parcel'') located in Nashua, New
Hampshire, which is a part of the Mohawk Tannery Site as set forth in
the Blaylock Modified BFPPA, EPA Region 1 CERCLA Docket No. 01-2024-
0056 pertaining to the Site and the Containment Parcel, which is a
portion of the Site. Blaylock and Greenfield consent to and will not
contest the authority of the United States to enter into the Blaylock
Modified BFPPA and the Greenfield PPA, or to implement or enforce their
respective terms. Blaylock and Greenfield recognize that these
settlement agreements have been negotiated in good faith and that the
Blaylock Modified BFPPA and Greenfield PPA are entered into without the
admission or adjudication of any issue of fact or law.
DATES: Comments must be submitted by June 16, 2025.
ADDRESSES: The proposed settlement agreements and related Site
documents are available at EPA's website <a href="https://www.epa.gov/superfund/mohawk">https://www.epa.gov/superfund/mohawk</a>. The proposed settlement agreements and related Site documents
are available for public inspection at the U.S. EPA, Region 1, SEMS
Records and Information Center, 5 Post Office Square, Suite 100,
Boston, MA 02109 by appointment only (by calling 617-918-1440 or by
emailing <a href="/cdn-cgi/l/email-protection#e193d0cf9384828e938592cc92848c92a1849180cf868e97"><span class="__cf_email__" data-cfemail="4537746b3720262a3721366836202836052035246b222a33">[email protected]</span></a>). The proposed settlement agreement
are also available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for Docket ID No. EPA-R01-SFUND-2025-0117.
FOR FURTHER INFORMATION CONTACT: RuthAnn Sherman, Senior Enforcement
Counsel, Office of Regional Counsel, U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109,
(617) 918-1886, email: <a href="/cdn-cgi/l/email-protection#d2a1bab7a0bfb3bcfca0a7a6bab3bcbc92b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="d4a7bcb1a6b9b5bafaa6a1a0bcb5baba94b1a4b5fab3bba2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Submit any comments online via <a href="https://www.regulations.gov">https://www.regulations.gov</a> (Docket ID No. EPA-R01-SFUND-2025-0117). Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. Do not submit
electronically any information you consider to be Confidential Business
Information (``CBI'') or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, see: <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Any personally identifiable information
(e.g., name, address, phone number) included in the comment form or in
an attachment may be publicly disclosed in a docket or on the internet
(via <a href="http://Regulations.gov">Regulations.gov</a>, a federal agency website, or a third-party, non-
government website with access to publicly-disclosed data on
<a href="http://Regulations.gov">Regulations.gov</a>). By submitting a comment, you agree to the terms of
participation, available at <a href="https://www.regulations.gov/user-notice">https://www.regulations.gov/user-notice</a>)
and privacy notice available at <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a>).
For 30 days following the date of publication of this notice, EPA
will receive written comments relating to the proposed settlement
agreements. EPA will consider all comments received and may modify or
withdraw its consent to the proposed settlement agreements if comments
received disclose facts or considerations which indicate that the
settlements are inappropriate, improper, or inadequate. EPA's response
to any comments received will be available for public inspection at the
U.S. EPA, Region 1, SEMS Records and Information Center, 5 Post Office
Square, Suite 100, Boston, MA 02109 by appointment only (by calling
617-918-1440 or by emailing <a href="/cdn-cgi/l/email-protection#addf9c83dfc8cec2dfc9de80dec8c0deedc8ddcc83cac2db"><span class="__cf_email__" data-cfemail="aad89b84d8cfc9c5d8ced987d9cfc7d9eacfdacb84cdc5dc">[email protected]</span></a>). EPA's response to
any comments will also be made available at EPA's website <a href="https://www.epa.gov/superfund/mohawk">https://www.epa.gov/superfund/mohawk</a>.
Bryan Olson,
Director, Superfund and Emergency Management Division, United States
Environmental Protection Agency.
[FR Doc. 2025-08725 Filed 5-15-25; 8:45 am]
BILLING CODE 6560-50-P
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