[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29293-29294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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