Notice of Filing of Environmental Bankruptcy Settlement in In Re American Western Refining, L.P. and Related Inability To Pay Settlement With Indian Refining I Ltd. Partnership and Indian Refining and Marketing I, Inc.
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 23, 2002 (Volume 67, Number 15)]
[Notices]
[Page 3232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja02-102]
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DEPARTMENT OF JUSTICE
Notice of Filing of Environmental Bankruptcy Settlement in In Re
American Western Refining, L.P. and Related Inability To Pay Settlement
With Indian Refining I Ltd. Partnership and Indian Refining and
Marketing I, Inc.
Notice is hereby given that a proposed settlement entered into by
the United States on behalf of U.S. EPA and the Coast Guard, the State
of Illinois on behalf of Illinois EPA, and American Western Refining,
L.P. was filed on October 26, 2001 in In re American Western Refining,
L.P., No. 96-01755 (Bankr. D. Del.) with the United States Bankruptcy
Court for the District of Delaware. The proposed settlement is
contained in section 6.5 of the Debtor's proposed Plan of Liquidation
and would resolve certain claims of the United States and Illinois
against the settling party under the Comprehensive Environmental
Response Compensation and Liability Act, 42 U.S.C. 9601 et seq.,
section 311 of the Clean Water Act, 33 U.S.C. 1321, the Oil Pollution
Act, 33 U.S.C. 2701 et seq. relating to the American Western Refinery
Superfund Site in Lawrence County, Illinois. Notice is also hereby
given that a proposed related administrative settlement has been
entered into by the United States on behalf of U.S. EPA and the Coast
Guard, the State of Illinois on behalf of the Illinois Environmental
Protection Agency, Indian Refining I Limited Partnership, f/k/a Indian
Refining Limited Partnership, and Indian Refining and Marketing I,
Inc., f/k/a Indian refining and Marketing, Inc. In re Indian Refinery--
Texaco Property (Indian Refining I Limited Partnership, et al.), U.S.
EPA Region 5, Docket No. V-W-02-C-668. Under the settlements, debtor
American Western Refining, L.P. shall pay the Coast Guard $861,865 as
an Allowed Administrative Expense Claim and the debtor will place its
refinery property in a liquidating trust and provide certain, funding
and consideration that will facilitate cleanup of the facility.
The Department of Justice will receive comments relating to the
United States' approval of the terms of proposed settlements for 30
days following the publication of this Notice. Comments should be
addressed to the Assistant Attorney General of the Environment and
Natural Resources Division, Department of Justice, P.O. Box 7611, Ben
Franklin Station, Washington, DC 20044, and should refer to In re
American Western Refinery Company, et al., D.J. Ref. No. 90-11-2-1307A.
Copies of the proposed settlements may be examined at the Office of the
United States Attorney for the District of Delaware, 1201 Market
Street, Suite 1100, Wilmington, DE and the Region V Office of the
United States Environmental Protection Agency, 77 West Jackson Street,
Chicago, Illinois 60604. Copies of the proposed settlements may also be
obtained by request addressed to the Department of Justice Consent
Decree Library, P.O. Box 7611, Ben Franklin Station, Washington, DC
20044. In requesting a copy of the proposed settlements, please enclose
a check in the amount of $2.75 for the settlement with debtor American
Western Refinery, L.P. and $8.75 for the settlement with Indian
Refining I Limited Partnership (25 cents per page for reproduction
costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Section Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 02-1560 Filed 1-22-02; 8:45 am]
BILLING CODE 4410-15-M
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