81 FR 8992 - Notice of Filing of Environmental Response Trust Agreement Under the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 35 (February 23, 2016)

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Page 8992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03728]



[[Page 8992]]

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DEPARTMENT OF JUSTICE


Notice of Filing of Environmental Response Trust Agreement Under 
the Resource Conservation and Recovery Act

    On February 17, 2016, an Environmental Response Trust Agreement 
(``Agreement'') was filed with the District Court of the U.S. Virgin 
Islands, Bankruptcy Division--St. Croix, Virgin Islands, in the 
bankruptcy proceeding entitled In re HOVENSA L.L.C., No. 1-15-10003-MFW 
(Docket No. 626).
    Under the Agreement, tan Environmental Response Trust is being 
created to implement environmental remediation at the refinery formerly 
owned by Hovensa L.L.C. (``Hovensa'') in St. Croix, U.S. Virgin 
Islands, and also to take title to certain property previously owned by 
Hovensa located at the refinery. The Environmental Response Trust will 
have access to approximately $72 million to perform the environmental 
actions. The Court has appointed Project Navigator, Ltd., to act as the 
Environmental Response Trustee. Under the Agreement, the United States, 
on behalf of the United States Environmental Protection Agency, has 
provided a covenant not to sue to the Environmental Response Trust 
Parties (as that term is defined in the Environmental Response Trust 
Agreement), pursuant to Sections 3008(a) and 7003 of Resource 
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a) and 6973, 
and sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation and Liability Act, 42 U.S.C. 9606 and 0607, for corrective 
actions, permit obligations, response actions or response costs related 
to the former Hovensa refinery.
    Pursuant to Section 7003(d) of RCRA, 42 U.S.C. 6973(d), the United 
States is taking public comment on the covenant not to sue provided by 
the United States to the Environmental Response Trust Parties in the 
Agreement. The publication of this notice opens a period for public 
comment on the covenant not to sue provided by the United States to the 
Environmental Response Trust Parties in the Agreement. Comments should 
be addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and should refer to In re HOVENSA L.L.C., D.J. Ref. 
No. 90-5-2-1-08229/2. All comments must be submitted so that they are 
received no later than midnight (Eastern Time) March 1, 2016. Comments 
may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General
                                      U.S. DOJ--ENRD
                                      P.O. Box 7611
                                      Washington, DC 20044-7611.
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Under section 7003(d) of RCRA, a commenter may request an opportunity 
for a public meeting in the affected area.
    During the public comment period, the Agreement may be examined and 
downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Agreement 
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 $13.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-03728 Filed 2-22-16; 8:45 am]
 BILLING CODE 4410-15-P