[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Notices]
[Pages 87573-87574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov. 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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