[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54820-54821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14490]


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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA 01-2024-0015; EPA-R01-SFUND-2024-0214; FRL-11942-01-R1]


Prospective Purchaser Proposed Settlement Agreement and Covenant 
Not To Sue Pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as Amended; in Re: Olin 
Chemical Superfund Site, Located in Wilmington, Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA'') is hereby 
providing notice of a proposed prospective purchaser settlement 
agreement between EPA and prospective purchaser Wilmington Woburn 
Industrial, LLC (``Settling Party''), which has an agreement to acquire 
the property located at 51 Eames Street in Wilmington, Middlesex 
County, Massachusetts, encompassing approximately 50 acres 
(``Property''), from Olin Corporation (``Contract''), embodied in an 
Administrative Agreement for Payment of Response Costs by Prospective 
Purchaser (``Settlement Agreement''). The proposed Settlement 
Agreement, EPA Region 1 CERCLA Docket No. 01-2024-0015, pertains to the 
Olin Chemical Superfund Site in Wilmington, Massachusetts (``Site'') 
and the Property, which is a portion of the Site. The proposed 
Settlement Agreement is entered into pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended 
(``CERCLA,'' also known as the Superfund law), and the authority of the 
Attorney General of the United States to compromise and settle claims 
of the United States.
    On September 28, 2023, the U.S. District Court for the District of 
Massachusetts entered the Consent Decree in United States of America 
and Commonwealth of Massachusetts v. American Biltrite Inc., et al. 
case (1:23-cv-11044), in which American Biltrite Inc., NOR-AM Agro LLC, 
Olin Corporation, and Stepan Company (``Settling Defendants'') agreed 
to implement the remedy selected in the Record of Decision issued by 
EPA for the Site on March 30, 2021 (``Record of Decision''). The 
proposed Settlement Agreement requires the Settling Party to provide 
full cooperation, assistance, and access to persons authorized to 
conduct response actions at the Property, including Settling 
Defendants' implementation, under EPA oversight, of the remedy embodied 
in the Record of Decision in accordance with the Consent Decree. The 
proposed Settlement Agreement also requires the Settling Party to 
perform certain remedial design and remedial action activities pursuant 
to the Contract in coordination with Settling Defendants and in 
accordance with the terms of the Consent Decree and associated 
Statement of Work. Under the proposed Settlement Agreement, the 
Settling Party will make a payment to EPA of $73,202.39 as well as pay 
EPA for future costs in supporting, developing, implementing, 
overseeing, or enforcing the Agreement. The Settling Party consents to 
and will not contest the authority of the United States to enter into 
this proposed Settlement Agreement or to implement or enforce its 
terms. The Settling Party recognizes that this proposed Settlement 
Agreement has been negotiated in good faith and that this Agreement is 
entered into without the admission or adjudication of any issue of fact 
or law.

DATES: Comments must be submitted by August 1, 2024.

ADDRESSES: The proposed Settlement Agreement and related Site documents 
are available at EPA's website https://www.epa.gov/superfund/olin or by 
going to https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.ars&id=0100438&doc=Y&colid=67528&region=01&type=AR. The proposed Settlement Agreement and related Site documents 
are available for public inspection at the U.S. EPA, Region 1, SEMS 
Records and Information Center, 5 Post Office Square, Suite 100, 
Boston, MA 02109 by appointment only (by calling 617-918-1440 or by 
emailing [email protected]). The proposed Settlement Agreement is 
also available for public inspection at https://www.regulations.gov by 
searching for Docket ID No. EPA-R01-SFUND-2024-0214. Submit your 
comments online via https://www.regulations.gov (Docket ID No. EPA-R01-
SFUND-2024-0214). Follow the online instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Maximilian Boal, Senior Enforcement 
Counsel, Office of Regional Counsel, U.S. Environmental Protection 
Agency, Region 1, 5 Post Office Square, Suite 100, Mail Code: 4-02, 
Boston, MA 02109, (617) 918-1750, email: [email protected].

SUPPLEMENTARY INFORMATION: Once submitted, comments cannot be edited or 
removed from Regulations.gov. Do not submit electronically any 
information you consider to be Confidential Business Information 
(``CBI'') or other information whose disclosure is restricted by 
statute. 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. 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 the full EPA public comment policy,

[[Page 54821]]

information about CBI or multimedia submissions, and general guidance 
on making effective comments, see: https://www.epa.gov/dockets/commenting-epa-dockets. Any personally identifiable information (e.g., 
name, address, phone number) included in the comment form or in an 
attachment may be publicly disclosed in a docket or on the internet 
(via Regulations.gov, a federal agency website, or a third-party, non-
government website with access to publicly-disclosed data on 
Regulations.gov). By submitting a comment, you agree to the terms of 
participation (visit: https://www.regulations.gov/user-notice) and 
privacy notice (visit: https://www.regulations.gov/privacy-notice).
    For 30 days following the date of publication of this notice, EPA 
will receive written comments relating to the proposed Settlement 
Agreement. EPA will consider all comments received and may modify or 
withdraw its consent to this proposed Settlement Agreement if comments 
received disclose facts or considerations which indicate that the 
settlement is inappropriate, improper, or inadequate. EPA's response to 
any comments received will be available for public inspection at the 
U.S. EPA, Region 1, SEMS Records and Information Center, 5 Post Office 
Square, Suite 100, Boston, MA 02109 by appointment only (by calling 
617-918-1440 or by emailing [email protected]). EPA's response to 
any comments will also be made available at EPA's website https://www.epa.gov/superfund/olin.

Bryan Olson,
Director, Superfund and Emergency Management Division, U.S. EPA, Region 
1.
[FR Doc. 2024-14490 Filed 7-1-24; 8:45 am]
BILLING CODE P