[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Page 56944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://cumulis.epa.gov/supercpad/CurSites/csitinfo.cfm?id=0508659.

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:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     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 https://www.regulations.gov, 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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R05-SFUND-
2022-0739, at https://www.regulations.gov (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 https://www.epa.gov/dockets/commenting-epa-dockets.

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


