82 FR 29293 - Proposed De minimis Settlement With Sunoco (R&M), LLC at Lammers Barrel Site in Beavercreek, Ohio

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 123 (June 28, 2017)

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), notice is hereby given by the U.S. Environmental Protection Agency (``EPA''), Region 5, of a proposed de minimis administrative agreement under Section 122(g) of CERCLA, between EPA and Sunoco (R&M), LLC. pertaining to the Lammers Barrel Superfund Site located in the Beavercreek, Greene County, Ohio (``Site''). The settlement requires a $85,253.85 payment by Sunoco (R&M), LLC. to the EPA Hazardous Substance Superfund Lammers Barrel Superfund Site Special Account set aside for the remedial design and remedial action (RD/RA) work at operable unit 2 (``OU2''). Crediting the $73,538 Sunoco (R&M), LLC previously paid to the group of parties performing work at the Site, it will have paid $158,791.85, its fair share of cleanup costs incurred and anticipated to be incurred in the future at the Site, plus a ``premium'' that accounts for, among other things, uncertainties associated with the costs of future work at the Site. The payment also factors in an orphan share based on 25% of the estimated RD/RA costs at OU2. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, relating to the Site, subject to limited reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 5, 77 West Jackson Blvd., Chicago, IL. 60604.

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29293-29294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13541]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9962-04-Region 5]


Proposed De minimis Settlement With Sunoco (R&M), LLC at Lammers 
Barrel Site in Beavercreek, Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with Section 122(i) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERCLA''), notice is hereby given by the U.S. Environmental 
Protection Agency (``EPA''), Region 5, of a proposed de minimis 
administrative agreement under Section 122(g) of CERCLA, between EPA 
and Sunoco (R&M), LLC. pertaining to the Lammers Barrel Superfund Site 
located in the Beavercreek, Greene County, Ohio (``Site''). The 
settlement requires a $85,253.85 payment by Sunoco (R&M), LLC. to the 
EPA Hazardous Substance Superfund Lammers Barrel Superfund Site Special 
Account set aside for the remedial design and remedial action

[[Page 29294]]

(RD/RA) work at operable unit 2 (``OU2''). Crediting the $73,538 Sunoco 
(R&M), LLC previously paid to the group of parties performing work at 
the Site, it will have paid $158,791.85, its fair share of cleanup 
costs incurred and anticipated to be incurred in the future at the 
Site, plus a ``premium'' that accounts for, among other things, 
uncertainties associated with the costs of future work at the Site. The 
payment also factors in an orphan share based on 25% of the estimated 
RD/RA costs at OU2. The settlement includes a covenant not to sue 
pursuant to Sections 106 and 107 of CERCLA, relating to the Site, 
subject to limited reservations, and protection from contribution 
actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of 
CERCLA. For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments relating to the settlement. 
EPA will consider all comments received and may modify or withdraw its 
consent to the settlement if comments received disclose facts or 
considerations that indicate that the proposed settlement is 
inappropriate, improper, or inadequate. EPA's response to any comments 
received will be available for public inspection at EPA Region 5, 77 
West Jackson Blvd., Chicago, IL. 60604.

DATES: Comments must be submitted on or before July 28, 2017.

ADDRESSES: The proposed settlement is available for public inspection 
at EPA Region 5 offices at 77 West Jackson Blvd., Chicago, IL 60604. A 
copy of the proposed settlement may be obtained from Maria Gonzalez, 
Associate Regional Counsel, Region 5, 77 West Jackson Blvd., mail code: 
C-14J, Chicago, IL 60604. Comments should reference the Lammers Barrel 
Superfund Site, and EPA Docket No. V-W-17-C-006 and should be addressed 
to Maria Gonzalez, Associate Regional Counsel, EPA, Office of Regional 
Counsel, Region 5, 77 West Jackson Blvd., mail code: C-14J, Chicago, IL 
60604.

FOR FURTHER INFORMATION CONTACT: Maria Gonzalez, Associate Regional 
Counsel, EPA, Office of Regional Counsel, Region 5, 77 West Jackson 
Blvd., mail code: C-14J, Chicago, IL 60604. Telephone: 312-886-6630. E-
Mail: [email protected].

SUPPLEMENTARY INFORMATION: EPA executed a Consent Decree with Sixteen 
major parties, the owner, twenty-one de minimis parties, and two 
Federal agencies that was entered on April 22, 2014, after public 
comment (the Consent Decree). The Consent Decree addressed the remedial 
design and remedial action at OU1 of the Site as well as de minimis 
settlement. EPA previously issued an administrative order on consent 
for a remedial investigation and feasibility study (RI/FS) in 2002, and 
amended it in 2008, to add more parties. The group is conducting the 
RD/RA at OU2 and continues the RI/FS at OU1. EPA brought a cost 
recovery action against two other parties Sunoco, Inc. and Dayton 
Industrial Drums, Inc. in 2016. The proposed settlement does not cover 
those parties.

    Dated: April 21, 2017.
Margaret M. Guerriero,
Acting Director, Superfund Division.
[FR Doc. 2017-13541 Filed 6-27-17; 8:45 am]
 BILLING CODE 6560-50-P