[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Notices]
[Page 63942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25426]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Settlement Agreement Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the Oil 
Pollution Act

    On October 21, 2014, the Department of Justice lodged a proposed 
settlement agreement (the ``Settlement Agreement'') with the United 
States Bankruptcy Court for the Southern District of New York in the 
bankruptcy case of Getty Petroleum Marketing Inc., and its affiliates 
(collectively, ``Getty''), In re Getty Petroleum Marketing Inc., et 
al., Case No. 11-15606 (SCC). The Settlement Agreement relates to the 
Newtown Creek Superfund Site, located in Queens County and Kings 
County, New York (the ``Newtown Creek Site'').
    The parties to the proposed Settlement Agreement are the United 
States and the Liquidating Trust established in the bankruptcy. The 
Settlement Agreement provides for a $14,844,800 allowed general 
unsecured claim for the United States on behalf of EPA and a $1,155,200 
allowed general unsecured claim for the United States on behalf of the 
U.S. Department of the Interior and the National Oceanic and 
Atmospheric Administration of the U.S. Department of Commerce 
(collectively, the ``NRD Trustees'').
    The Settlement Agreement resolves EPA's claims against debtors 
Getty Petroleum Marketing Inc. (``GPMI'') and Getty Terminals Corp. 
(``Getty Terminals'') for costs under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C 
9601-75 (``CERCLA''), and the Oil Pollution Act, 33 U.S.C. 2702(a) 
(``OPA''), in connection with the Newtown Creek Site. The proposed 
Settlement Agreement also resolves the NRD Trustees' claims against 
GPMI and Getty Terminals under CERCLA and OPA for natural resource 
damages and costs of assessment in connection with the Newtown Creek 
Site. As part of the Settlement Agreement, GPMI, Getty Terminals, and 
the Liquidating Trust on behalf of GPMI and Getty Terminals will 
receive from the United States on behalf of EPA and the NRD Trustees a 
covenant not to file a civil action or take administrative action 
pursuant to sections 106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and 
section 1002(a) of OPA, 33 U.S.C. 2702(a), with respect to the Newtown 
Creek Site.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to In re Getty Petroleum Marketing Inc., D.J. Ref. No. 90-
7-1-10503. All comments must be received no later than thirty (30) days 
after the publication date of this notice. 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............................  Pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Public comments timely received will be filed on the public court 
docket.
    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Department of Justice Web site: http://www.justice.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the Settlement 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 $3.75 (25 cents per page 
reproduction costs) payable to the United States Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2014-25426 Filed 10-24-14; 8:45 am]
BILLING CODE 4410-15-P