81_FR_81379 81 FR 81157 - Notice of Proposed Administrative Settlement Order on Consent and Bona Fide Prospective Purchaser Agreement

81 FR 81157 - Notice of Proposed Administrative Settlement Order on Consent and Bona Fide Prospective Purchaser Agreement

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81157-81157
FR Document2016-27624

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016) 
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Page 81157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27624]


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DEPARTMENT OF JUSTICE


Notice of Proposed Administrative Settlement Order on Consent and 
Bona Fide Prospective Purchaser Agreement

    The United States Department of Justice, on behalf of the 
Environmental Protection Agency (``United States''), proposes to enter 
into an Administrative Settlement Order on Consent and Bona Fide 
Prospective Purchaser Agreement (``BFPP Agreement'') with Star Forge, 
LLC (``Purchaser'') regarding real property located at 8531 East 
Marginal Way South in Seattle, Washington (the ``Property''). The 
Property is located in and part of the ``Lower Duwamish Waterway 
Superfund Site'' (the ``LDW Site''). Under the BFPP Agreement, 
Purchaser agrees to perform a removal action in accordance with the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9601-9675, at the Property. Additionally, 
Purchaser agrees to pay $500,000 to an escrow account to be established 
by Purchaser and dedicated to the ongoing cleanup of the LDW Site.
    The proposed BFPP Agreement helps to ensure the timely performance 
of all response actions EPA has selected for the Property by specifying 
that the Purchaser cooperate with the United States to satisfy 
remaining obligations under an existing Administrative Order between 
EPA, the current owner of the Property (Jorgensen Forge Corporation, in 
bankruptcy), and an adjoining landowner. The BFPP Agreement also 
requires Purchaser to institute and abide by appropriate institutional 
controls at the Property and requires Purchaser to exercise due care in 
its future operations to ensure that those operations will not 
exacerbate or contribute to existing contamination.
    In exchange, EPA provides the Buyer with a covenant not to sue for 
response costs, and potential response costs, incurred in connection 
with existing contamination at the Facility. The BFPP expressly 
reserves EPA's rights against the Purchaser for any activities that 
result in new releases of hazardous substances or aggravation of 
existing contamination at or from the Property. The proposed 
settlement, including the $500,000 payment, represents fair 
consideration for the covenant provided to the Purchaser, given the 
Purchaser's limited potential liability for existing contamination.
    The publication of this notice opens a period for public comment on 
the proposed Administrative Settlement and Bona Fide Prospective 
Purchaser Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In the Matter of Lower Duwamish Waterway Superfund 
Site, ADMINISTRATIVE SETTLEMENT ORDER ON CONSENT AND BONA FIDE 
PROSPECTIVE PURCHASER AGREEMENT, DJ Reference Number 90-11-3-07227/9. 
All comments must be submitted no later than seven (7) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Settlement Agreement 
and Bona Fide Prospective Purchaser Agreement may be examined and 
downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent_decrees.html. We will provide a paper copy of the Consent 
Decree upon written request and payment of reproduction costs. Please 
mail your request and payment to: Consent Decree Library, U.S. DOJ--
ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $ 5.25 (25 cents per page 
reproduction cost, excluding attachments) payable to the United States 
Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-27624 Filed 11-16-16; 8:45 am]
BILLING CODE 4410-16-P

Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81157 Dated: November 14, 2016. consideration for the covenant provided District Court for the Northern District Jerri Murray, to the Purchaser, given the Purchaser’s of Illinois in the lawsuit entitled United Department Clearance Officer for PRA, U.S. limited potential liability for existing States v. CITGO Petroleum Corp., et al., Department of Justice. contamination. Civil Action No. 16 C 10484. In a related [FR Doc. 2016–27648 Filed 11–16–16; 8:45 am] The publication of this notice opens filing, on that same date, the BILLING CODE 4410–FY–P a period for public comment on the Department of Justice lodged a proposed proposed Administrative Settlement First Amendment to Consent Decree and Bona Fide Prospective Purchaser with the United States District Court for DEPARTMENT OF JUSTICE Agreement. Comments should be the Southern District of Texas in the addressed to the Assistant Attorney lawsuit entitled United States, et al. v. Notice of Proposed Administrative General, Environment and Natural CITGO Petroleum Corp., et al., Civil Settlement Order on Consent and Resources Division, and should refer to Action No. 4:04–cv–3883. Bona Fide Prospective Purchaser In the Matter of Lower Duwamish Under the proposed Consent Decree Agreement Waterway Superfund Site, lodged with the Northern District of ADMINISTRATIVE SETTLEMENT Illinois (‘‘Lemont Refinery Consent The United States Department of Decree’’), CITGO will install low ORDER ON CONSENT AND BONA Justice, on behalf of the Environmental nitrogen oxide burners on three heaters FIDE PROSPECTIVE PURCHASER Protection Agency (‘‘United States’’), at one of its refineries in Lemont, AGREEMENT, DJ Reference Number 90– proposes to enter into an Administrative Illinois (‘‘Lemont Refinery’’); comply 11–3–07227/9. All comments must be Settlement Order on Consent and Bona with a stringent limit for particulate submitted no later than seven (7) days Fide Prospective Purchaser Agreement matter emissions from the Lemont after the publication date of this notice. (‘‘BFPP Agreement’’) with Star Forge, Refinery’s fluid catalytic cracking unit; Comments may be submitted either by LLC (‘‘Purchaser’’) regarding real develop and implement operation and email or by mail: property located at 8531 East Marginal maintenance plans to improve Way South in Seattle, Washington (the To submit operations and prevent violations at the ‘‘Property’’). The Property is located in Send them to: comments: Lemont Refinery’s sulfur recovery plant; and part of the ‘‘Lower Duwamish implement a flare minimization and Waterway Superfund Site’’ (the ‘‘LDW By email ....... pubcomment-ees.enrd@ flare efficiency program; implement an Site’’). Under the BFPP Agreement, usdoj.gov. By mail ......... Assistant Attorney General, enhanced leak detection and repair Purchaser agrees to perform a removal program; and use carbon canisters to U.S. DOJ—ENRD, P.O. action in accordance with the control benzene emissions from purged Box 7611, Washington, DC Comprehensive Environmental 20044–7611. process fluids and samples. CITGO also Response, Compensation, and Liability will implement a $650,000 fence line Act (‘‘CERCLA’’), 42 U.S.C. 9601–9675, During the public comment period, monitoring supplemental environmental at the Property. Additionally, Purchaser the proposed Settlement Agreement and project and a $350,000 ‘‘green lighting’’ agrees to pay $500,000 to an escrow Bona Fide Prospective Purchaser supplemental environmental project at account to be established by Purchaser Agreement may be examined and the local school district. As a mitigation and dedicated to the ongoing cleanup of downloaded at this Justice Department project, CITGO will control a benzene the LDW Site. Web site: http://www.justice.gov/enrd/ waste stream that it is not otherwise The proposed BFPP Agreement helps consent_decrees.html. We will provide required to control at a cost of to ensure the timely performance of all a paper copy of the Consent Decree approximately $1.14 million. CITGO response actions EPA has selected for upon written request and payment of will pay a civil penalty of $1,955,000. the Property by specifying that the reproduction costs. Please mail your Under the proposed First Amendment Purchaser cooperate with the United request and payment to: Consent Decree to Consent Decree lodged with the States to satisfy remaining obligations Library, U.S. DOJ—ENRD, P.O. Box Southern District of Texas (‘‘First under an existing Administrative Order 7611, Washington, DC 20044–7611. Amendment’’), a consent decree that the between EPA, the current owner of the Please enclose a check or money order Southern District of Texas entered in Property (Jorgensen Forge Corporation, for $ 5.25 (25 cents per page 2005 (‘‘2005 Consent Decree’’) that in bankruptcy), and an adjoining reproduction cost, excluding covered six refineries that CITGO then landowner. The BFPP Agreement also attachments) payable to the United owned will be amended to terminate all requires Purchaser to institute and abide States Treasury. provisions therein related to the Lemont by appropriate institutional controls at Refinery. CITGO demonstrated to EPA the Property and requires Purchaser to Susan M. Akers, that it had complied with the vast exercise due care in its future operations Assistant Section Chief, Environmental majority of the 2005 Consent Decree to ensure that those operations will not Enforcement Section, Environment and provisions related to the Lemont exacerbate or contribute to existing Natural Resources Division. Refinery and CITGO agreed to have the contamination. [FR Doc. 2016–27624 Filed 11–16–16; 8:45 am] remaining few, outstanding provisions In exchange, EPA provides the Buyer BILLING CODE 4410–16–P transferred to the new, stand-alone with a covenant not to sue for response Lemont Refinery Consent Decree filed in costs, and potential response costs, the Northern District of Illinois. Under incurred in connection with existing DEPARTMENT OF JUSTICE the First Amendment, CITGO will also asabaliauskas on DSK3SPTVN1PROD with NOTICES contamination at the Facility. The BFPP Notice of Lodging of Proposed pay a stipulated penalty of $323,500, expressly reserves EPA’s rights against Consent Decree and Proposed First split equally between the United States the Purchaser for any activities that Amendment to Another Consent and Illinois, for alleged violations of the result in new releases of hazardous Decree Under the Clean Air Act 2005 Consent Decree at the Lemont substances or aggravation of existing Refinery. contamination at or from the Property. On November 10, 2016, the The publication of this notice opens The proposed settlement, including the Department of Justice lodged a proposed a period for public comment on the $500,000 payment, represents fair Consent Decree with the United States Lemont Refinery Consent Decree and VerDate Sep<11>2014 21:24 Nov 16, 2016 Jkt 241001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1


Document Created: 2016-11-17 02:59:25
Document Modified: 2016-11-17 02:59:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 81157 
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