Notice of Proposed Administrative Settlement Agreement and Order on Consent Cashout Settlement for Ability To Pay Peripheral Parties
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Abstract
In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), notice is hereby given that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement for Ability to Pay Peripheral Parties ("Proposed Agreement") associated with the Vermiculite Products Inc., Superfund Site in Houston, Harris County, Texas ("Site") was executed by the Environmental Protection Agency ("EPA") and is now subject to public comment, after which EPA may modify or withdraw its consent if comments received disclose facts or considerations that indicate that the Proposed Agreement is inappropriate, improper, or inadequate. The Proposed Agreement would resolve potential EPA claims under section 107(a) of CERCLA, against Greer Capital Corporation, James H. Greer, James H. Greer Interest Inc., Maxroy Property Company, Toledo Maxroy LL., and Vermiculite Products Inc., ("Settling Parties") for EPA response costs at the Vermiculite Products Inc., Superfund Site located in Houston, Texas. The settlement is estimated to be $8,703,300 and was based on an Ability to Pay Analysis, which concluded the settling party shall make payment for EPA response costs. For thirty (30) days following the date of publication of this notice, EPA will receive electronic comments relating to the Proposed Agreement. EPA's response to any comments received will be available for public inspection by request. Please see the ADDRESSES section of this notice for special instructions in effect due to impacts related to the COVID-19 pandemic.
Full Text
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<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
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[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Page 15392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05086]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10602-01-R6]
Notice of Proposed Administrative Settlement Agreement and Order
on Consent Cashout Settlement for Ability To Pay Peripheral Parties
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comment.
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SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''), notice is hereby given
that a proposed CERCLA Section 122(h)(1) Cashout Settlement Agreement
for Ability to Pay Peripheral Parties (``Proposed Agreement'')
associated with the Vermiculite Products Inc., Superfund Site in
Houston, Harris County, Texas (``Site'') was executed by the
Environmental Protection Agency (``EPA'') and is now subject to public
comment, after which EPA may modify or withdraw its consent if comments
received disclose facts or considerations that indicate that the
Proposed Agreement is inappropriate, improper, or inadequate. The
Proposed Agreement would resolve potential EPA claims under section
107(a) of CERCLA, against Greer Capital Corporation, James H. Greer,
James H. Greer Interest Inc., Maxroy Property Company, Toledo Maxroy
LL., and Vermiculite Products Inc., (``Settling Parties'') for EPA
response costs at the Vermiculite Products Inc., Superfund Site located
in Houston, Texas. The settlement is estimated to be $8,703,300 and was
based on an Ability to Pay Analysis, which concluded the settling party
shall make payment for EPA response costs.
For thirty (30) days following the date of publication of this
notice, EPA will receive electronic comments relating to the Proposed
Agreement. EPA's response to any comments received will be available
for public inspection by request. Please see the ADDRESSES section of
this notice for special instructions in effect due to impacts related
to the COVID-19 pandemic.
DATES: Comments must be received on or before April 12, 2023.
ADDRESSES: As a result of impacts related to the COVID-19 pandemic,
requests for documents and submission of comments must be via
electronic mail except as provided below. The Proposed Agreement and
additional background information relating to the Proposed Agreement
are available for public inspection upon request by contacting EPA
Assistant Regional Counsel Daniel Jaynes at <a href="/cdn-cgi/l/email-protection#713b10081f14025f15101f18141d311401105f161e07"><span class="__cf_email__" data-cfemail="aee4cfd7c0cbdd80cacfc0c7cbc2eecbdecf80c9c1d8">[email protected]</span></a>.
Comments must be submitted via electronic mail to this same email
address and should reference the ``Vermiculite Products Inc.''
Superfund Site, Proposed Settlement Agreement'' and ``EPA CERCLA Docket
No. 06-02-21''. Persons without access to electronic mail may call Mr.
Jaynes at (214) 665-2162 to make alternative arrangements.
FOR FURTHER INFORMATION CONTACT: Daniel Jaynes at EPA by phone (214)
665-2162 or email at: <a href="/cdn-cgi/l/email-protection#5a103b23343f29743e3b34333f361a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="400a21392e25336e24212e29252c002530216e272f36">[email protected]</span></a>.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-05086 Filed 3-10-23; 8:45 am]
BILLING CODE 6560-50-P
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