Notice of Proposed Settlement Agreement and Draft Restoration Plan Under the Comprehensive Environmental Response, Compensation, and Liability Act, 8019 [2020-02774]

Download as PDF Federal Register / Vol. 85, No. 29 / Wednesday, February 12, 2020 / Notices DEPARTMENT OF JUSTICE lotter on DSKBCFDHB2PROD with NOTICES Notice of Proposed Settlement Agreement and Draft Restoration Plan Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that the United States of America, on behalf of the Department of the Interior (‘‘DOI’’) acting through the U.S. Fish and Wildlife Service and the Commonwealth of Virginia, acting through the Virginia Department of Environmental Quality (VDEQ) on behalf of the Virginia Secretary of Natural Resources (collectively ‘‘Trustees’’), are providing an opportunity for public comment on a proposed Settlement Agreement (‘‘Settlement Agreement’’) among the Trustees and AdvanSix Resins & Chemicals, LLC and AdvanSix Inc. (‘‘AdvanSix’’). The Trustees are also providing notice of an opportunity for public comment on a draft Restoration Plan/Environmental Assessment (‘‘RP/ EA’’). The settlement resolves the civil claims of the Trustees against AdvanSix arising under their natural resource trustee authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 311 of the Clean Water Act (‘‘CWA’’), 33 U.S.C. 1321, and applicable state law for injury to, impairment of, destruction of, and loss of use of natural resources as a result of releases of hazardous substances on or about November 25, 2014 and October 13, 2017 into Gravelly Run, a tributary of the James River, from the AdvanSix facility located in located in Hopewell, Virginia (the ‘‘Gravelly Run Spills’’). The November 25, 2014 spill consisted of approximately 5,500 pounds of ammonium carbonate, of which approximately 600 pounds discharged directly to an outfall on Gravelly Run, resulting in a significant fish kill. The October 13, 2017 spill involved the release of phenol, causing another fish kill. Under the proposed Settlement Agreement, AdvanSix agrees to pay $184,310 to the DOI Natural Resource Damage Assessment and Restoration Fund to be used to restore, replace, rehabilitate, or acquire the equivalent of those resources injured by the Gravelly Run Spills, as proposed in the draft RP/ EA. In addition, AdvanSix agrees to pay $70,690 to the Trustees for past assessment costs. AdvanSix will receive from the Trustees a covenant not to sue for the claims resolved by the settlement, including assessment costs. VerDate Sep<11>2014 17:03 Feb 11, 2020 Jkt 250001 In accordance with CERCLA and the CWA, the Trustees have also written a draft RP/EA that describes proposed alternatives for restoring the natural resources and natural resource services injured by the Gravelly Run Spills. The preferred restoration alternative selected by the Trustees in the Draft RP/EA is the acquisition of approximately 25 acres of marsh and upland properties along Powell Creek, a tributary of the James River and ultimate transfer to the James River National Wildlife Refuge in Prince George County, Virginia for long-term stewardship and conservation in perpetuity. The publication of this notice opens a period for public comment on the proposed Settlement Agreement and draft RP/EA. Comments on the proposed Settlement Agreement should be addressed to the Assistant Attorney General, Environment and Natural Resources Division and should refer to the AdvanSix Settlement Agreement, DJ No. 90–5–1–1–11263. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Settlement Agreement may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Settlement Agreement upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $3.75 (25 cents per page reproduction cost) payable to the United States Treasury. Comments on the draft RP/EA may be submitted to the Trustees either electronically or by mail. Written comments on the draft RP/EA should reference the AdvanSix RP/EA and be addressed to: Susan Lingenfelser, U.S. Fish and Wildlife Service, 6669 Short Lane, Gloucester, Virginia 23061 or emailed to susan_lingenfelser@fws.gov. All comments must be submitted no later than thirty (30) days after the publication date of this notice. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 8019 During the public comment period, a copy of the draft RP/EA will be available electronically at https:// www.cerc.usgs.gov/orda_docs/ DocHandler.ashx?task=get&ID=5856. A copy of the draft RP/EA may also be examined at the Virginia Field Office in Gloucester, Virginia. Arrangements to view the documents must be made in advance by contacting Susan Lingenfelser at (804) 824–2415. Jeffrey Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–02774 Filed 2–11–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On February 6, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Guam in the lawsuit entitled United States v. Guam Power Authority and Marianas Energy Company, L.L.C., Civil Action No. 1:20– cv–00007. The United States filed this lawsuit under the Clean Air Act. The United States’ complaint seeks injunctive relief and civil penalties for violations of the emission limits and the performance testing requirements in the National Emission Standards for Hazardous Air Pollutants regulations that govern the operation of stationary reciprocating internal combustion engines and electric utility steam generating units at Guam Power Authority’s (‘‘GPA’’) Cabras and Piti power plants in Piti, Guam. The Consent Decree requires GPA to perform injunctive relief and pay a $400,000 civil penalty. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Guam Power Authority and Marianas Energy Company, L.L.C., D.J. Ref. No. 90–5–2–1–11000. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Notices]
[Page 8019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02774]



[[Page 8019]]

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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement and Draft Restoration 
Plan Under the Comprehensive Environmental Response, Compensation, and 
Liability Act

    Notice is hereby given that the United States of America, on behalf 
of the Department of the Interior (``DOI'') acting through the U.S. 
Fish and Wildlife Service and the Commonwealth of Virginia, acting 
through the Virginia Department of Environmental Quality (VDEQ) on 
behalf of the Virginia Secretary of Natural Resources (collectively 
``Trustees''), are providing an opportunity for public comment on a 
proposed Settlement Agreement (``Settlement Agreement'') among the 
Trustees and AdvanSix Resins & Chemicals, LLC and AdvanSix Inc. 
(``AdvanSix''). The Trustees are also providing notice of an 
opportunity for public comment on a draft Restoration Plan/
Environmental Assessment (``RP/EA'').
    The settlement resolves the civil claims of the Trustees against 
AdvanSix arising under their natural resource trustee authority under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), Section 311 of the Clean Water Act (``CWA''), 33 U.S.C. 
1321, and applicable state law for injury to, impairment of, 
destruction of, and loss of use of natural resources as a result of 
releases of hazardous substances on or about November 25, 2014 and 
October 13, 2017 into Gravelly Run, a tributary of the James River, 
from the AdvanSix facility located in located in Hopewell, Virginia 
(the ``Gravelly Run Spills''). The November 25, 2014 spill consisted of 
approximately 5,500 pounds of ammonium carbonate, of which 
approximately 600 pounds discharged directly to an outfall on Gravelly 
Run, resulting in a significant fish kill. The October 13, 2017 spill 
involved the release of phenol, causing another fish kill. Under the 
proposed Settlement Agreement, AdvanSix agrees to pay $184,310 to the 
DOI Natural Resource Damage Assessment and Restoration Fund to be used 
to restore, replace, rehabilitate, or acquire the equivalent of those 
resources injured by the Gravelly Run Spills, as proposed in the draft 
RP/EA. In addition, AdvanSix agrees to pay $70,690 to the Trustees for 
past assessment costs. AdvanSix will receive from the Trustees a 
covenant not to sue for the claims resolved by the settlement, 
including assessment costs.
    In accordance with CERCLA and the CWA, the Trustees have also 
written a draft RP/EA that describes proposed alternatives for 
restoring the natural resources and natural resource services injured 
by the Gravelly Run Spills. The preferred restoration alternative 
selected by the Trustees in the Draft RP/EA is the acquisition of 
approximately 25 acres of marsh and upland properties along Powell 
Creek, a tributary of the James River and ultimate transfer to the 
James River National Wildlife Refuge in Prince George County, Virginia 
for long-term stewardship and conservation in perpetuity.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement and draft RP/EA. Comments on the 
proposed Settlement Agreement should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division and should 
refer to the AdvanSix Settlement Agreement, DJ No. 90-5-1-1-11263. All 
comments must be submitted no later than thirty (30) days after the 
publication date of this notice. Comments may be submitted either by 
email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Settlement Agreement upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $3.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    Comments on the draft RP/EA may be submitted to the Trustees either 
electronically or by mail. Written comments on the draft RP/EA should 
reference the AdvanSix RP/EA and be addressed to: Susan Lingenfelser, 
U.S. Fish and Wildlife Service, 6669 Short Lane, Gloucester, Virginia 
23061 or emailed to [email protected].
    All comments must be submitted no later than thirty (30) days after 
the publication date of this notice.
    During the public comment period, a copy of the draft RP/EA will be 
available electronically at https://www.cerc.usgs.gov/orda_docs/DocHandler.ashx?task=get&ID=5856. A copy of the draft RP/EA may also be 
examined at the Virginia Field Office in Gloucester, Virginia. 
Arrangements to view the documents must be made in advance by 
contacting Susan Lingenfelser at (804) 824-2415.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-02774 Filed 2-11-20; 8:45 am]
 BILLING CODE 4410-15-P