Notice2023-15215

Proposed Prospective Purchaser Agreement for the Delphi 1 Anderson Site in Anderson, Indiana

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
July 19, 2023

Issuing agencies

Environmental Protection Agency

Abstract

In accordance with the Prospective Purchaser Agreement, notice is hereby given of a proposed administrative settlement concerning Delphi 1 Anderson Site in Anderson, Indiana with the following Settling Party: J. Jarvis Holdings, LLC. The settlement requires the Settling Party to, if necessary, execute and record a Declaration of Restrictive Covenant; provide access to the Site and exercise due care with respect to existing contamination. The settlement includes a covenant not to sue the Settling Party pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act or the Resource Conservation and Recovery Act with respect to the Existing Contamination. Existing Contamination is defined as any hazardous substances, pollutants, or contaminants or Waste Material present or existing on or under the Property as of the Effective Date of the Settlement Agreement; any hazardous substances, pollutants, or contaminants or Waste Material that migrated from the Property prior to the Effective Date; and any hazardous substances, pollutants, or contaminants or Waste Material presently at the Site that migrates onto, on, under, or from the Property after the Effective Date. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The proposed settlement is available for public inspection at https://www.regulations.gov. The Agency's response to any comments received will be available for public inspection at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago, Illinois 60604. Commenters may request an opportunity for a public hearing in the affected area, in accordance with Section 7003(d) of RCRA.

Full Text

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<title>Federal Register, Volume 88 Issue 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Notices]
[Pages 46155-46156]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15215]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-INSERT; FRL-INSERT-Region 5]


Proposed Prospective Purchaser Agreement for the Delphi 1 
Anderson Site in Anderson, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the Prospective Purchaser Agreement, notice 
is hereby given of a proposed administrative settlement concerning 
Delphi 1 Anderson Site in Anderson, Indiana with the following Settling 
Party: J. Jarvis Holdings, LLC. The settlement requires the Settling 
Party to, if necessary, execute and record a Declaration of Restrictive 
Covenant; provide access to the Site and exercise due care with respect 
to existing contamination. The settlement includes a covenant not to 
sue the Settling Party pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act or the Resource Conservation 
and Recovery Act with respect to the Existing Contamination. Existing 
Contamination is defined as any hazardous substances, pollutants, or 
contaminants or Waste Material present or existing on or under the 
Property as of the Effective Date of the Settlement Agreement; any 
hazardous substances, pollutants, or contaminants or Waste Material 
that migrated from the Property prior to the Effective Date; and any 
hazardous substances, pollutants, or contaminants or Waste Material 
presently at the Site that migrates onto, on, under, or from the 
Property after the Effective Date. For thirty (30) days following the 
date of publication of this notice, the Agency

[[Page 46156]]

will receive written comments relating to the settlement. The Agency 
will consider all comments received and may modify or withdraw its 
consent to the settlement if comments received disclose facts or 
considerations which indicate that the settlement is inappropriate, 
improper, or inadequate. The proposed settlement is available for 
public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The Agency's response 
to any comments received will be available for public inspection at the 
EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl., Chicago, 
Illinois 60604. Commenters may request an opportunity for a public 
hearing in the affected area, in accordance with Section 7003(d) of 
RCRA.

DATES: Comments must be submitted on or before August 18, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R05-
INSERT, 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#5e353132323b2c70333f2c351e3b2e3f70393128"><span class="__cf_email__" data-cfemail="a2c9cdcecec7d08ccfc3d0c9e2c7d2c38cc5cdd4">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R05-INSERT, 
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

    The Settling Party proposes to acquire ownership of a portion of 
the former General Motors Corporation North American operation, at 2915 
Doctor Martin Luther King Junior Boulevard. The Site is one of the 89 
sites that were placed into an Environmental Response Trust (the 
``Trust'') as a result of the resolution of the 2009 GM bankruptcy. The 
Trust is administrated by Revitalizing Auto Communities Environmental 
Response.

Douglas Ballotti,
Director, Superfund & Emergency Management Division, Region 5.
[FR Doc. 2023-15215 Filed 7-18-23; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on July 19, 2023.

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