[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Notices]
[Page 3232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1560]


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DEPARTMENT OF JUSTICE


Notice of Filing of Environmental Bankruptcy Settlement in In Re 
American Western Refining, L.P. and Related Inability To Pay Settlement 
With Indian Refining I Ltd. Partnership and Indian Refining and 
Marketing I, Inc.

    Notice is hereby given that a proposed settlement entered into by 
the United States on behalf of U.S. EPA and the Coast Guard, the State 
of Illinois on behalf of Illinois EPA, and American Western Refining, 
L.P. was filed on October 26, 2001 in In re American Western Refining, 
L.P., No. 96-01755 (Bankr. D. Del.) with the United States Bankruptcy 
Court for the District of Delaware. The proposed settlement is 
contained in section 6.5 of the Debtor's proposed Plan of Liquidation 
and would resolve certain claims of the United States and Illinois 
against the settling party under the Comprehensive Environmental 
Response Compensation and Liability Act, 42 U.S.C. 9601 et seq., 
section 311 of the Clean Water Act, 33 U.S.C. 1321, the Oil Pollution 
Act, 33 U.S.C. 2701 et seq. relating to the American Western Refinery 
Superfund Site in Lawrence County, Illinois. Notice is also hereby 
given that a proposed related administrative settlement has been 
entered into by the United States on behalf of U.S. EPA and the Coast 
Guard, the State of Illinois on behalf of the Illinois Environmental 
Protection Agency, Indian Refining I Limited Partnership, f/k/a Indian 
Refining Limited Partnership, and Indian Refining and Marketing I, 
Inc., f/k/a Indian refining and Marketing, Inc. In re Indian Refinery--
Texaco Property (Indian Refining I Limited Partnership, et al.), U.S. 
EPA Region 5, Docket No. V-W-02-C-668. Under the settlements, debtor 
American Western Refining, L.P. shall pay the Coast Guard $861,865 as 
an Allowed Administrative Expense Claim and the debtor will place its 
refinery property in a liquidating trust and provide certain, funding 
and consideration that will facilitate cleanup of the facility.
    The Department of Justice will receive comments relating to the 
United States' approval of the terms of proposed settlements for 30 
days following the publication of this Notice. Comments should be 
addressed to the Assistant Attorney General of the Environment and 
Natural Resources Division, Department of Justice, P.O. Box 7611, Ben 
Franklin Station, Washington, DC 20044, and should refer to In re 
American Western Refinery Company, et al., D.J. Ref. No. 90-11-2-1307A. 
Copies of the proposed settlements may be examined at the Office of the 
United States Attorney for the District of Delaware, 1201 Market 
Street, Suite 1100, Wilmington, DE and the Region V Office of the 
United States Environmental Protection Agency, 77 West Jackson Street, 
Chicago, Illinois 60604. Copies of the proposed settlements may also be 
obtained by request addressed to the Department of Justice Consent 
Decree Library, P.O. Box 7611, Ben Franklin Station, Washington, DC 
20044. In requesting a copy of the proposed settlements, please enclose 
a check in the amount of $2.75 for the settlement with debtor American 
Western Refinery, L.P. and $8.75 for the settlement with Indian 
Refining I Limited Partnership (25 cents per page for reproduction 
costs), payable to the Consent Decree Library.

Bruce S. Gelber,
Section Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-1560 Filed 1-22-02; 8:45 am]
BILLING CODE 4410-15-M