[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Notices]
[Pages 24481-24482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10707]


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ENVIRONMENTAL PROTECTION AGENCY

[ FRL-9301-7]


Notice of Two Proposed Agreements, a CERCLA Agreement and Order 
on Consent for Removal Action by a Bona Fide Prospective Purchaser 
Related to The Former Caribbean Petroleum Refining, LP Facility, 
Bayamon, Puerto Rico, and a Proposed RCRA Compliance and Prospective 
Purchaser Agreement Related to Gasoline Service Stations' Underground 
Storage Tanks Currently Owned by Caribbean Petroleum Corporation at 
Locations Throughout the Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: This Notice alerts the public to two proposed administrative 
settlements for which public comment is requested. In one, Puma Energy, 
Caribe LLC (``Puma'') and the U.S. Environmental Protection Agency 
(``EPA'') propose to enter into an agreement and order on consent for a 
removal action by a bona fide prospective purchaser concerning the 
former Caribbean Petroleum Refining, LP (``CPR'') facility located in 
Carr 28, KM. 2, Luchetti Industrial Park, Bayamon, in the 
Commonwealth of Puerto Rico, Docket Number CERCLA-02-2011-2003 
(referred to as the ``CERCLA Agreement'') in accordance with the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (``CERCLA''), 42 U.S.C. 9601-9675. In the other proposed 
agreement (referred to as the ``RCRA UST Agreement''), Puma, the United 
States on behalf of EPA, and the Commonwealth of Puerto Rico on behalf 
of the Puerto Rico Environmental Quality Board propose to enter into an 
underground storage tank (``UST'') compliance and prospective purchaser 
agreement, Index Number RCRA-02-2011-7504, in accordance with Subtitle 
I of the Resource Conservation and Recovery Act, as amended (``RCRA''), 
42 U.S.C. 6991-6991m, concerning issues related to UST systems at one 
hundred and forty-seven (147) gasoline service stations currently owned 
or leased by Caribbean Petroleum Corporation (``CPC'') and located 
throughout the Commonwealth of Puerto Rico. Pursuant to a sale 
authorized by the United States Bankruptcy Court for the District of 
Delaware, Puma has been approved to purchase the former CPR facility 
and the CPC service stations in a sale scheduled to occur in early May 
2011. Puma has agreed to perform certain cleanup actions at the former 
CPR facility in the proposed CERCLA Agreement. In addition, with regard 
to the service stations, Puma has agreed in the proposed RCRA UST 
Agreement to assume responsibilities for the UST systems and required 
cleanup work and to make certain improvements at the service stations 
that are not required by law. The proposed CERCLA Agreement includes a 
covenant by the United States not to sue Puma pursuant to Sections 106 
and 107(a) of CERCLA for existing contamination at the former CPR 
facility. The proposed RCRA UST Agreement includes a covenant by the 
United States not to sue Puma pursuant to Section 9006 of RCRA, 42 
U.S.C. 6991e, for violations of the Commonwealth of Puerto Rico 
Underground Storage Tank Control Regulations, Puerto Rico 
Administrative Regulation Number 4362, that exist at the one hundred 
and forty-seven (147) service stations as of the date of Puma's 
acquisition or that arise within ninety days of the date of acquisition 
by Puma. The Commonwealth of Puerto Rico is also providing Puma with a 
covenant not to sue in the proposed RCRA UST Agreement. The covenants 
in both Agreements are subject to specified conditions. For seven (7) 
days following the date of publication of this notice, the Agency will 
receive written comments relating to the two proposed Agreements. The 
Agency will consider all comments received and may modify or withdraw 
its consent to either or both of the Agreements if comments received 
disclose facts or considerations which indicate that the Agreements are 
inappropriate, improper, or inadequate. Because of strict deadlines in 
the bankruptcy proceeding involving the corporations which presently 
own the CPR facility and own or have lease rights at the service 
stations, the deadline for receipt of public comments cannot be 
extended.

DATES: Comments must be submitted on or before May 9, 2011.

ADDRESSES: The proposed Agreements can be viewed online at http://
www.epa.gov/region2/agreements--with--

[[Page 24482]]

prospective--purchaser--puma--energy--caribe.html. They are also 
available for public inspection at the U.S. Environmental Protection 
Agency Caribbean Office, Office of Regional Counsel, Centro Europa 
Building, 1492 Ponce de Leon Avenue, Mezzanine Level, Santurce, Puerto 
Rico 00907-4127, and at the U.S. Environmental Protection Agency, 290 
Broadway, 18th Floor Records Center, New York, New York 10007-1866. A 
copy of the proposed CERCLA Agreement may be obtained from Beverly 
Kolenberg, Assistant Regional Counsel, U.S. Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, (212) 637-3167, 
and the RCRA UST Agreement may be obtained from Rudolph Perez, 
Assistant Regional Counsel, at the same address, (212) 637-3220. 
Comments concerning the CERCLA Agreement should reference the CERCLA 
Agreement, EPA Docket No. CERCLA-02-2011-2003, and should be sent by e-
mail to [email protected] or by overnight mail to Beverly 
Kolenberg, Assistant Regional Counsel, U.S. Environmental Protection 
Agency, 290 Broadway, 17th Floor, New York, New York 10007-1866. 
Comments concerning the RCRA UST Agreement should reference the RCRA 
UST Agreement, Index Number RCRA-02-2011-7504, and should be sent by 
2MY3.e-mail to [email protected] or by overnight mail addressed to 
Rudolph Perez, Assistant Regional Counsel, U.S. Environmental 
Protection Agency, 290 Broadway, 16th Floor, New York, New York 10007-
1866.

FOR FURTHER INFORMATION CONTACT: Beverly Kolenberg, Assistant Regional 
Counsel at the address, e-mail or telephone number stated above.

    Dated: April 21, 2011.
George Pavlou,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 2.
[FR Doc. 2011-10707 Filed 4-29-11; 8:45 am]
BILLING CODE 6560-50-P