[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Notices]
[Pages 69326-69327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24163]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-SFUND-2020-0540 FRL-10016-20-Region 8]


CERCLA Prospective Purchaser Administrative Settlement Agreement 
and Covenant Not To Sue, Lockwood Solvent Ground Water Plume Superfund 
Site, Billings, Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the requirements of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (``CERLCA'') notice is hereby given by the U.S. Environmental 
Protection Agency (EPA), Region 8, of a proposed prospective purchaser 
administrative settlement agreement, embodied in an Administrative 
Settlement Agreement and Covenant Not to Sue (``Settlement Agreement'') 
with the State of Montana (the ``State''), MAC LTT, LLC (``MAC''), 
which is purchasing the Property, and MAC LTT Manufacturing, Inc., a 
related entity to MAC, which, although not purchasing the Property, has 
leased the Property since 2013 and will continue to lease and operate 
the Property after MAC purchases the Property (``Lessee,'' and with MAC 
collectively, ``Purchaser''). This Settlement Agreement pertains to a 
portion of the approximately 580-acre area known as the Lockwood 
Solvent Ground Water Plume Superfund Site (``Site'') located at 1430 
U.S. Highway 87 East, Billings, Montana (``The Property'').

DATES: Comments must be submitted on or before December 2, 2020.

ADDRESSES: The proposed Settlement Agreement and additional background 
information relating to the agreement will be available for public 
inspection at the EPA Superfund Record Center, 1595 Wynkoop Street, 
Denver, Colorado, by appointment. Comments and requests for a copy of 
the proposed agreement should be addressed to Julie Nicholson, 
Enforcement Specialist, Superfund and Emergency Management Division, 
Environmental Protection Agency-Region 8, Mail Code 8SEM-PAC, 1595 
Wynkoop Street, Denver, Colorado 80202, (303) 312-6343 and should 
reference the Lockwood Solvent Ground Water Plume Site.
    You may also send comments, identified by Docket ID No. EPA-R07-
SFUND-2020-0540 to http://

[[Page 69327]]

www.regulations.gov. Follow the online instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Mark Chalfant, Senior Assistant 
Regional Counsel, Office of Regional Counsel, Environmental Protection 
Agency, Region 8, Mail Code 8ORC-LEC, 1595 Wynkoop, Denver, Colorado 
80202, (303) 312-6177, chalfant.mark@epa.gov.

SUPPLEMENTARY INFORMATION: Written Comments: Submit your comments, 
identified by Docket ID No. EPA-R07-SFUND-2020-0540 at http://www.regulations.gov. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. If CBI exists, 
please contact Mr. Bruce Morrison. 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.
    Notice is hereby given by the U.S. Environmental Protection Agency, 
Region 8, of a proposed prospective purchaser settlement agreement, 
embodied in an Administrative Settlement Agreement and Covenant Not to 
Sue, with the State of Montana, MAC LTT, LLC, which is purchasing the 
Property, and MAC LTT Manufacturing, Inc., a related entity to MAC, 
which, although not purchasing the Property, has leased the Property 
since 2013 and will continue to lease and operate the Property after 
MAC purchases the Property. This Settlement Agreement pertains to a 
portion of the approximately 580-acre area known as the Lockwood 
Solvent Ground Water Plume Superfund Site located at 1430 U.S. Highway 
87 East, Billings, Montana. Neither of the MAC-related business 
entities is responsible for the original contamination at the Site. 
Under the proposed Settlement Agreement, both MAC LTT, LLC and MAC LTT 
Manufacturing, Inc. would be required to comply with standard CERCLA 
bona fide prospective purchaser continuing obligations, including 
access, appropriate care, and non-interference with the CERCLA remedy. 
The proposed Settlement Agreement provides for the payment of certain 
response costs incurred by the EPA and the State of Montana at or in 
connection with the Site. The proposed Settlement Agreement includes a 
covenant by the United States and the State of Montana not to sue or 
take administrative action against MAC LTT, LLC and MAC LTT 
Manufacturing, Inc., pursuant to sections 106 and 107(a) of CERCLA for 
Existing Contamination, as that term is defined in the proposed 
Settlement Agreement, and for payment of response costs. For thirty 
(30) days following the date of publication of this document, the EPA 
will receive written comments relating to the settlement. The EPA will 
consider all comments received and may modify or withdraws its consent 
to the Settlement Agreement 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 EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado 80202.

Betsy Smidinger,
Division Director, Superfund and Emergency Management Division, Region 
8.
[FR Doc. 2020-24163 Filed 10-30-20; 8:45 am]
BILLING CODE 6560-50-P


