[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69326-69327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24163]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R07-SFUND-2020-0540 FRL-10016-20-Region 8]
CERCLA Prospective Purchaser Administrative Settlement Agreement
and Covenant Not To Sue, Lockwood Solvent Ground Water Plume Superfund
Site, Billings, Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with the requirements of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERLCA'') notice is hereby given by the U.S. Environmental
Protection Agency (EPA), Region 8, of a proposed prospective purchaser
administrative settlement agreement, embodied in an Administrative
Settlement Agreement and Covenant Not to Sue (``Settlement Agreement'')
with the State of Montana (the ``State''), MAC LTT, LLC (``MAC''),
which is purchasing the Property, and MAC LTT Manufacturing, Inc., a
related entity to MAC, which, although not purchasing the Property, has
leased the Property since 2013 and will continue to lease and operate
the Property after MAC purchases the Property (``Lessee,'' and with MAC
collectively, ``Purchaser''). This Settlement Agreement pertains to a
portion of the approximately 580-acre area known as the Lockwood
Solvent Ground Water Plume Superfund Site (``Site'') located at 1430
U.S. Highway 87 East, Billings, Montana (``The Property'').
DATES: Comments must be submitted on or before December 2, 2020.
ADDRESSES: The proposed Settlement Agreement and additional background
information relating to the agreement will be available for public
inspection at the EPA Superfund Record Center, 1595 Wynkoop Street,
Denver, Colorado, by appointment. Comments and requests for a copy of
the proposed agreement should be addressed to Julie Nicholson,
Enforcement Specialist, Superfund and Emergency Management Division,
Environmental Protection Agency-Region 8, Mail Code 8SEM-PAC, 1595
Wynkoop Street, Denver, Colorado 80202, (303) 312-6343 and should
reference the Lockwood Solvent Ground Water Plume Site.
You may also send comments, identified by Docket ID No. EPA-R07-
SFUND-2020-0540 to http://
[[Page 69327]]
www.regulations.gov. Follow the online instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mark Chalfant, Senior Assistant
Regional Counsel, Office of Regional Counsel, Environmental Protection
Agency, Region 8, Mail Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado
80202, (303) 312-6177, [email protected].
SUPPLEMENTARY INFORMATION: Written Comments: Submit your comments,
identified by Docket ID No. EPA-R07-SFUND-2020-0540 at http://www.regulations.gov. Once submitted, comments cannot be edited or
removed from Regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. If CBI exists,
please contact Mr. Bruce Morrison. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Notice is hereby given by the U.S. Environmental Protection Agency,
Region 8, of a proposed prospective purchaser settlement agreement,
embodied in an Administrative Settlement Agreement and Covenant Not to
Sue, with the State of Montana, MAC LTT, LLC, which is purchasing the
Property, and MAC LTT Manufacturing, Inc., a related entity to MAC,
which, although not purchasing the Property, has leased the Property
since 2013 and will continue to lease and operate the Property after
MAC purchases the Property. This Settlement Agreement pertains to a
portion of the approximately 580-acre area known as the Lockwood
Solvent Ground Water Plume Superfund Site located at 1430 U.S. Highway
87 East, Billings, Montana. Neither of the MAC-related business
entities is responsible for the original contamination at the Site.
Under the proposed Settlement Agreement, both MAC LTT, LLC and MAC LTT
Manufacturing, Inc. would be required to comply with standard CERCLA
bona fide prospective purchaser continuing obligations, including
access, appropriate care, and non-interference with the CERCLA remedy.
The proposed Settlement Agreement provides for the payment of certain
response costs incurred by the EPA and the State of Montana at or in
connection with the Site. The proposed Settlement Agreement includes a
covenant by the United States and the State of Montana not to sue or
take administrative action against MAC LTT, LLC and MAC LTT
Manufacturing, Inc., pursuant to sections 106 and 107(a) of CERCLA for
Existing Contamination, as that term is defined in the proposed
Settlement Agreement, and for payment of response costs. For thirty
(30) days following the date of publication of this document, the EPA
will receive written comments relating to the settlement. The EPA will
consider all comments received and may modify or withdraws its consent
to the Settlement Agreement if comments received disclose facts or
considerations that indicate that the proposed settlement is
inappropriate, improper, or inadequate. The EPA's response to any
comments received will be available for public inspection at EPA Region
8, 1595 Wynkoop Street, Denver, Colorado 80202.
Betsy Smidinger,
Division Director, Superfund and Emergency Management Division, Region
8.
[FR Doc. 2020-24163 Filed 10-30-20; 8:45 am]
BILLING CODE 6560-50-P