Notice2022-20021
Proposed CERCLA Administrative Settlement Agreement EPA Agreement No. V-W-22-C-009; AB Specialty Silicones Fire Site, Waukegan, Lake County, Illinois
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the terms of the proposed settlement agreement, the Environmental Protection Agency (EPA), Region 5, hereby gives notice of a proposed administrative settlement concerning the AB Specialty Silicones Fire Site in Waukegan, Lake County, Illinois (the "Site"). The EPA proposes to enter into an Administrative Settlement Agreement and Order on Consent (an "ASAOC") with AB Specialty Silicones, LLC and Wittenshire, LLC (the "Respondents"). The ASAOC requires the Respondents to pay $266,000 in past response costs. The 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. The EPA's response to any comments received will be available for public inspection at: https://cumulis.epa.gov/supercpad/CurSites/ csitinfo.cfm?id=0508659.
Full Text
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<title>Federal Register, Volume 87 Issue 179 (Friday, September 16, 2022)</title>
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[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Page 56944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20021]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R05-SFUND-2022-0739; FRL-10171-01-R5]
Proposed CERCLA Administrative Settlement Agreement EPA Agreement
No. V-W-22-C-009; AB Specialty Silicones Fire Site, Waukegan, Lake
County, Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and the terms of the proposed
settlement agreement, the Environmental Protection Agency (EPA), Region
5, hereby gives notice of a proposed administrative settlement
concerning the AB Specialty Silicones Fire Site in Waukegan, Lake
County, Illinois (the ``Site''). The EPA proposes to enter into an
Administrative Settlement Agreement and Order on Consent (an ``ASAOC'')
with AB Specialty Silicones, LLC and Wittenshire, LLC (the
``Respondents''). The ASAOC requires the Respondents to pay $266,000 in
past response costs. The 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. The
EPA's response to any comments received will be available for public
inspection at: <a href="https://cumulis.epa.gov/supercpad/CurSites/csitinfo.cfm?id=0508659">https://cumulis.epa.gov/supercpad/CurSites/csitinfo.cfm?id=0508659</a>.
DATES: Comments must be received on or before October 17, 2022.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R05-
SFUND-2022-0739, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, ATTN: Mark
Koller, Associate Regional Counsel, Office of Regional Counsel (C-14J),
77 W Jackson Blvd., Chicago, Illinois 60604.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mark Koller, Office of Regional
Counsel, Environmental Protection Agency, telephone number: (312) 353-
2591; email address: <a href="/cdn-cgi/l/email-protection#dfb4b0b3b3baadf1b2beadb49fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="abc0c4c7c7ced985c6cad9c0ebcedbca85ccc4dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-R05-SFUND-
2022-0739, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or
the other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. 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. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Background Information
This notice pertains to the AB Specialty Silicones Fire Site in
Waukegan, Illinois. On May 3, 2019, an explosion and fire occurred at
the AB Specialty Silicones process building resulting in a release of
silicone products and silicone production materials. EPA coordinated
oversight of emergency response and removal activities. The Settling
Parties were responsible for and performed emergency response and
removal activities. In performing a response action, EPA has incurred
response costs at or in connection with the Site. EPA demobilized from
the Site in December 2021. Under the proposed ASAOC, the Settling
Parties agree to pay $266,000 of EPA's Past Response Costs. In
exchange, the Settling Parties will receive from EPA a covenant not to
sue or take administrative action pursuant to Section 107(a) of CERCLA,
42 U.S.C. 9607(a), to recover Past Response Costs. The EPA's covenant
not to sue is subject to reservations.
The EPA is providing notice of the proposed ASAOC in accordance
with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), which requires the
Administrator to provide notice and an opportunity for comment when the
EPA proposes to settle a claim pursuant to Section 122(h) of CERCLA, 42
U.S.C. 9622(h).
Douglas Ballotti,
Director, Superfund & Emergency Management Division.
[FR Doc. 2022-20021 Filed 9-15-22; 8:45 am]
BILLING CODE 6560-50-P
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