[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Notices]
[Pages 21807-21808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8640]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under Massachusetts General 
Laws Chapter 21E

    Notice is hereby given that on April 2, 2012, a proposed Consent 
Decree in United States v. NuStar Terminals Services, Inc., et al., 
Civil Action No. 1:12-cv-10585-DJC, was lodged with the United States 
District Court for the District of Massachusetts.
    In this action, the United States of America (``United States''), 
on behalf of the Secretary of the Army and the Administrator of the 
United States Environmental Protection Agency, filed a complaint 
pursuant to Chapter 21E of the Massachusetts General Laws (``Mass. Gen. 
L. ch. 21E''), seeking reimbursement of costs the United States has 
incurred and will incur in responding to contamination resulting from 
past leakage of liquid aviation fuel from a section of pipeline located 
within the Massachusetts Military Reservation on Cape Cod, 
Massachusetts. The pipeline was owned and operated by the Standard 
Transmission Corporation. The complaint alleges that NuStar Terminals 
Services, Inc. and SGH Enterprises, Inc. (the ``Settling Defendants'') 
are successors to Standard Transmission Corporation. SGH Enterprises, 
Inc. has a claim for indemnification with respect to this matter 
against W.R. Grace & Co. (the ``Other Settling Party'').

[[Page 21808]]

    The proposed Consent Decree requires the Settling Defendants and 
the Other Settling Party to pay a total of $21 million, plus interest, 
to the United States, in reimbursement of response costs incurred by 
the United States relating to the pipeline leakage. Of this total, 
NuStar Terminals Services, Inc. is to pay $11.7 million, plus interest; 
SGH Enterprises, Inc. is to pay $1.86 million, plus interest; and W.R. 
Grace & Co. is to pay $7.44 million, plus interest. As part of the 
settlement, the proposed Consent Decree includes a covenant by the 
United States not to sue under Mass. Gen. L. ch. 21E, under sections 
106 and 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act, 42 U.S.C. 9606, 9607, and under section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
either emailed to <a href="/cdn-cgi/l/email-protection#63131601000c0e0e060d174e0606104d060d1107231610070c094d040c15"><span class="__cf_email__" data-cfemail="c8b8bdaaaba7a5a5ada6bce5adadbbe6ada6baac88bdbbaca7a2e6afa7be">[email protected]</span></a> or mailed to P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to this case: United States v. NuStar Terminals Services, Inc., 
et al., Civil Action No. 1:12-cv-10585-DJC, D.J. Ref. No. 90-11-2-975. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with section 7003(d) of RCRA, 42 U.S.C. 
6973(d).
    During the public comment period, the Consent Decree may be 
examined on the following Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the proposed 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or emailing a request to ``Consent Decree 
Copy'' (<a href="/cdn-cgi/l/email-protection#88cdcddbcbcccbe7f8f1a6cdc6daccc8fdfbece7e2a6efe7fe"><span class="__cf_email__" data-cfemail="fdb8b8aebeb9be928d84d3b8b3afb9bd888e999297d39a928b">[email protected]</span></a>), fax no. (202) 514-0097, phone 
confirmation no. (202) 514-5271. If requesting a copy from the Consent 
Decree Library, please enclose a check in the amount of $8.00 (25 cents 
per page reproduction cost) payable to the ``U.S. Treasury'' or, if by 
email or fax, forward a check in that amount to the Consent Decree 
Library at the address given above.

Ronald G. Gluck,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2012-8640 Filed 4-10-12; 8:45 am]
BILLING CODE 4410-15-P


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